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HomeMy WebLinkAboutDudek & Associates Inc; 2002-06-20; PWENG289PWENG289 AMENDMENT NO. 9 TO EXTEND AND AMEND AGREEMENT FOR SUPPLEMENTAL CONSTRUCTION PHASE SERVICES REQUIRED FOR THE RANCHO SANTA FE ROAD WETLANDS MITIGATION PROJECT (DUDEK) This Amendment No. 9 is entered into and effective as of the - day of 2010, extending and amending the agreement dated June 20, 2002_ (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek, a California corporation, ("Contractor") (collectively, the "Parties") for professional services for the construction phase of the Rancho Santa Fe Road Wetlands Mitigation Project, hereafter the "Project." RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend the agreement for a period of one (1) year and amend the scope of work to include preparation of the plans and specifications separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to amend the scope of work to modify plans and specifications for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and C. On May 30, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the agreement for a period of one (1) year; and D. On July 19, 2007, the Parties executed Amendment No. 4 to the Agreement to extend and amend the scope of work and fee schedule and fund the Agreement for a period of one (1) year; and E. On May 21, 2008, the Parties executed Amendment No. 5 to the Agreement to extend the agreement for two (2) additional years and provide supplemental construction phase services; and F. On December 12, 2008, the Parties executed Amendment No. 6 to the Agreement to amend the agreement for supplemental endangered species field surveys; and G. On May 7, 2009, the Parties executed Amendment No. 7 to the Agreement to include supplemental environmental services required for the Project; and H. On October 30, 2009, the Parties executed Amendment No. 8 to the Agreement to include endangered species field surveys for the Project; and I. The Parties desire to extend the Agreement for a period of two (2) additional years and alter the Agreement's scope of work to provide supplemental construction phase environmental services; and I. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee Proposal dated March 10, 2010. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on June 18, 2012. City Attorney Approved Version #05.22.01 1 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed One Hundred Forty Four Thousand Three Hundred dollars ($144,300). 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty five thousand one hundred dollars ($25,100). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4. Contractor will complete all work described in Exhibit "A" and deliver to City a written summary report of the activities and results of said work no later than June 18, 2012. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR DUDEK, a California corporation /f *By: CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) (e-mail address)ATTEST: *Bv: (sign here) June Collins (print name/ LOR City Clerk Karen R . K\uadO»///Assistant City Clerk JS&S&''' (> A. ^ (e-mail address) '', ^9»H^- N<" 'f ^ & ' N If required by City, proper notarial acknowledgment of execution'fry'Detractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. eputy City Attorn City Attorney Approved Version #05.22.01 ACKNOWLEDGMENT State of California County of San Diego On 31 ' , ,26/0 before me, Pamela J. Bristow, Notary Public (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) -------»•••"wwwv^^^vWV PAMELA J. BRISTOW Commission No. 1774575 NOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTY My Comm. Expires October 21,2011 ACKNOWLEDGMENT State of California County of San Diego On 3L 2® (O before me, Pamela J. Bristow, Notary Public (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature PAMELA J. BRISTOW Commission No. 1774575 o NOTARY PUBLIC - CALIFORNIA «SAN DIEGO COUNTY } My Comm. Expires October 21,2011 (Seal) DUDEK March 10, 2010 MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800 450.1818 F 760.632.0 I 64 RECEIVED MAR 15 2010 ENGINEERING DEPARTMENT 3385-07 John Cahill Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject:Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009-2010 Winter Storm Damage Assessments and Recommendations Dear Mr. Cahill: Dudek provides this additional amendment request, outlining supplemental environmental consulting services that Dudek has provided, as well as services that Dudek still needs to provide to assist with the construction administration and field monitoring of the Rancho Santa Fe Road Off-Site Wetland Mitigation Project. As you know, Dudek has incurred additional consulting and monitoring costs due to an extended installation and maintenance period time frame and to address the significant flood damage that has been occurred within the wetland mitigation areas from the 2009-2010 winter storms. Due to the extent of the additional work that has become necessary, Dudek is unable to absorb these additional costs into our current contract budget, and we are requesting an additional amendment to our contract to cover these supplemental services. The additional services that have become necessary are the result of delays in completion of the construction due to the unforeseen winter storm events and resultant damage to the wetland mitigation areas. The additional work that has become necessary includes, responding to additional City of Carlsbad (City) requests to conduct further site investigations to evaluate the storm damage, attend periodic meetings at the City and in the field, and providing recommendations for appropriate remedial repair measures. Dudek was also requested to prepare an additional contractor scope of work write-up with supportive graphics which the City plans to use to solicit a bid from the contractor to conduct the repair work. Dudek also anticipates that additional monitoring work will be necessary to help coordinate and verify the actual field repair work, once it is implemented in late April 2010. None of these additional services were envisioned in our original contract or in subsequent contract amendments. WWW.DUDEK COM Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009—2010 Winter Storm Damage Assessments and Recommendations In order to address our current contract shortfall, Dudek is requesting that another amendment to our contract be processed so that we will have sufficient budget to cover the additional services provided to date, as well as to cover the remainder of the additional construction monitoring work through the end of the remedial installation and maintenance period. The following scope of work further details the additional work items that have become necessary to address the storm damage, and which have caused us to exceed our previous monitoring budget. ADDITIONAL SCOPE OF WORK Task 1 Additional Construction Management and Remedial Repair Assessments Dudek will provide additional project management and consulting services coordination between the City, O'Day Consultants, and the Contractor to address the 2009-2010 winter storm damage. Dudek will conduct field assessments of the storm damage and provide written recommendations with supportive graphics to describe the current conditions and to outline the proposed remedial repair work. Dudek will assist the City with preparing a contractor scope of work for bidding out the actual repair work. The following tasks are included as part of these additional services: • Project management coordination between the City, O'Day Consultants, and the Contractor to address 2009-2010 winter storm damage • Attendance at additional City of Carlsbad office meetings and field meetings to help assess the storm damage and coordinate repair recommendations • Preparation of additional notification letters to the Resource Agencies to address the storm damage • Conduct additional Global Positioning System (GPS) field mapping • Preparation of additional maps/exhibits showing the field conditions following the storm damage and to outline remedial work items • Preparation of damage assessment letters and remedial recommendations. Estimated Labor Cost for Task 1 $11,400.00 DUDEK 2 March 2010 Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009—2010 Winter Storm Damage Assessments and Recommendations Task 2 Additional Revegetation Construction Monitoring Services to Address Storm Damage Repair Work (work still pending). Dudek will also provide additional revegetation construction monitoring during the actual implementation of the remedial repair work, to help field direct the repair effort and to verify completion of the work. Dudek will also provide additional monitoring under an assumed 120-day extended maintenance period after completion of the repair work. The following tasks are included as part of these additional services: • Provide additional field monitoring of grading repair work and construction of secondary check dams and berms (assumes a maximum of three visits) • Provide additional irrigation repair monitoring inspection, within lower canyon area, to repair storm damage (assumes one visit) • Provide additional planting and seeding repair inspections, within lower canyon area, to repair storm damage (assumes a maximum of two visits) • Provide additional/extended 120-day plant establishment monitoring period site visits (assumes a maximum of four visits) • Provide final GPS mapping and verification of repair areas • Prepare periodic site observation reports (assumes a maximum of six reports) and final reporting on completion of repair work to City and Resource Agencies. Estimated Labor Cost for Task 2 $8,200.00 Task 3 Additional Focused Surveys for the California Gnatcatcher Since the anticipated remedial repair work is scheduled to occur during the 2010 spring nesting period of the federally listed threatened California gnatcatcher, additional focused surveys will be necessary in all areas adjacent to the proposed remedial work areas. All suitable gnatcatcher habitat areas within approximately 500 feet of the proposed remedial work area will be surveyed. Dudek assumes that this constitutes less than 100 acres, which is the maximum that can be surveyed within one survey day. The surveys will be conducted by a Dudek biologist holding federal permits to conduct California gnatcatcher surveys. The surveys will be conducted in accordance with the current U.S. Fish and Wildlife Service (USFWS) protocol (USFWS 1997). The site is located within an enrolled Natural Community Conservation Planning area; therefore, 3385-07 March 2010 Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009-2010 Winter Storm Damage Assessments and Recommendations three (3) visits are required. Site visits at a minimum interval of 7 days are required to obtain an adequate accuracy of counts. As specified in the USFWS guidelines, surveys will not be conducted when the air temperatures are below 55°F or above 95°F, and if winds are stronger than 15 miles per hour. Bird activity and consequently the ability to detect this species typically declines during these adverse weather conditions. Data will be collected on the number of individual gnatcatchers and habitat characteristics, including slope, elevation, dominant vegetation types, and habitat disturbances. If a gnatcatcher is detected, time will be spent in trying to determine if they are nesting and where the nest is located. The locations of any observed gnatcatchers and detected nest locations will be mapped on an aerial photograph and then transferred to a topographic base map. Per the requirements of the USFWS protocol, a report must be submitted to the USFWS within 45 days of the completion of the survey. The report summarizes the methods and results of the survey. The report will be provided to the City of Carlsbad for approval prior to submittal to the USFWS. Estimated Labor Cost for Task 3 $5,000.00 Subtotal Labor Costs for Tasks 1-3 $24,600.00 Additional Direct/Reimbursable Expenses $500.00 TOTAL COST (TASKS 1-3, PLUS ADDITIONAL EXPENSES) $25,100.00 The proposed additional fee for completion of the supplemental work items outlined herein under Tasks 1, 2, and 3 would be billed on a time-and-materials basis, not to exceed $25,100.00. This includes $24,600.00 in labor and $500.00 in direct/reimbursable costs. This amendment would raise the contract value for Phase 7 construction monitoring to $76,168.00 ($51,568 previous budget, plus $24,600.00 current amendment). Direct/reimbursable costs including mileage, reprographics charges, and other direct charges, will continue to be billed in addition to the labor amount under Phase 99; this amendment would raise the Phase 99 budget to $3,500.00 ($3,000.00 previous budget, plus $500.00 current amendment). Thus, the new overall contract total would be $144,300.00 ($119,200.00 previous contract, plus $25,100.00 current amendment). All labor hours will be billed according to our original contract billing rate arrangements. The total overall additional services cost (i.e., amendment request amount) is $25,100.00. DUDEK , 3385'07 March 2010 \L Mr. John Cahill Subject: Additional Amendment Request for Supplemental Construction Management and Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Project, 2009—2010 Winter Storm Damage Assessments and Recommendations Exclusions Not included in this current scope of work are the following: • Additional directed sensitive plant or wildlife species surveys (other than as described herein under Task 3) • Additional vegetation mapping outside of project limits • Additional wetlands delineations • Attendance at additional meetings or hearings other than those outlined herein • Additional resource agency permit negotiations • Preparation of final "as-built" plans • Additional long-term biological monitoring and reporting beyond the additional installation and 120-day maintenance period described herein to assess the remedial repair work. Dudek will be happy to add any of these tasks on a time-and-materials basis if so desired by the City. Thank you for your attention to this amendment request. If these additional services are acceptable, please process a contract amendment for this additional work at your earliest convenience. Please feel free to call me at 760.479.4279 if you have any questions regarding this additional work. Sincerely, Minchin, Landscape Architect ior Project Manager cc: Stuart Fraser, Dudek Mike Sweesy, Dudek 3385-07 March 2010 PWENG289 AMENDMENT NO. 7 TO AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR ENDANGERED SPECIES FIELD SURVEYS DURING THE CONSTRUCTION OF THE RANCHO SANTA FE ROAD WETLANDS MITIGATION PROJECT (DUDEK) 7 This Amendment No. 7 is entered into and effective as of the l& day of I/IA Mif^ 200^ amending the agreement dated June 20, 2002 (the "Agreement") by and between the City of Carlsoad, a municipal corporation, ("City"), and Dudek, a California corporation, ("Contractor") (collectively, the "Parties") for professional services for endangered species field surveys during the construction of the Rancho Santa Fe Road Wetlands Mitigation Project, hereafter the "Project." RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend the agreement for a period of one (1) year and amend the scope of work to include preparation of the plans and specifications separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to amend the scope of work to modify plans and specifications for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and C. On May 30, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the agreement for a period of one (1) year; and D. On July 19, 2007, the Parties executed Amendment No. 4 to the Agreement to extend and amend the scope of work and fee schedule and fund the Agreement for a period of one (1) year; and E. On May 21, 2008, the Parties executed Amendment No. 5 to the Agreement to extend the agreement for two (2) additional years and provide supplemental construction phase services; and F. On December 12, 2008, the Parties executed Amendment No. 6 to the Agreement to amend the agreement for supplemental endangered species field surveys; and G. The Parties desire to alter the Agreement's scope of work to provide pre-construction phase endangered species field surveys; and H. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A" dated March 30, 2009. 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed four thousand dollars ($4,000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" and deliver to City a written summary report of the activities and results of said work no later than September 1, 2009. City Attorney Approved Version #05.22.01 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR DUDEK, a^California corporation sign here) pudek Frank Dudek (print name/titlepresident CITY OF CARLSBAD, a mu corporation By: (e-mail address)ATTEST: *By: LORRAINE M. WOOD City Clerk (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 DUDEK APR 012009 ENGINEERING DEPARTMENT MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450.1818 F 760.632.01 64 March 30,2009 ((W &IT 3385-07 John Cahill Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Amendment Request for Additional Environmental Consulting Services (Nesting Bird Surveys Prior to Construction) for the Rancho Santa Fe Road Off-site Mitigation Site, City of Carlsbad, California Dear Mr. Cahill: In response to your request, Dudek is pleased to provide this amendment request for additional environmental consulting services related to the Rancho Santa Fe Road, Off-site Wetland Mitigation project. The additional services requested by the City of Carlsbad (City) at this time include providing additional project management coordination and nesting bird surveys prior to construction of the off-site wetland mitigation areas. A detailed scope of work and cost estimate to complete the additional nesting bird surveys and coordination is provided under Task 1 below. SCOPE OF WORK Task 1 Additional Project Management and Nesting Bird Surveys Dudek will provide additional project management coordination with the City and will provide up to two nesting bird surveys prior to construction, for the implementation of the proposed offsite wetland mitigation work for the Rancho Santa Fe Road wetland mitigation project. As required by the City of Carlsbad and in accordance with the federal Migratory Bird Treaty Act (MBTA), Dudek will perform up to two pre-construction nesting bird surveys prior to the start of vegetation clearing or tree removal activities conducted during the breeding season. The breeding season is generally defined as February 1 to August 31 for most raptors, February 15 to August 31 for upland birds, and March 15 to July 30 for riparian birds. Surveys for the location of active bird nests will be performed in and adjacent to all habitats where impacts and/or habitat restoration/revegetation work will occur. Two nesting bird surveys have been budgeted for under this scope, assuming that the required vegetation clearing work will likely need to occur in two phases, based upon the locations of the associated work areas. The pre-construction surveys will be completed not more than 72 hours prior to the beginning of vegetation clearing or tree removal activities in each area. The results of the surveys will be documented in a brief letter WWW.DUDEK.COM Mr. John Cahill Subject: Amendment Request for Additional Environmental Consulting Services, for Nesting Bird Surveys, for the Rancho Santa Fe Road Off -site Mitigation Site, City of Carlsbad, California report with supportive graphics and will be forwarded to the City and the resource agencies as necessary to demonstrate compliance with the MBTA and pertinent permit conditions. If any active nests are detected within the work areas, then the area(s) will be flagged and mapped on a project area map, along with a minimum 25-foot buffer (300-foot maximum for raptors). These areas will be avoided until the nesting cycle is complete or it is determined that the nesting activities have ceased. This scope of work provides for up to 2 nesting bird surveys, at an assumed 6 hours per visit, to determine if there area any active nests that may be identified within the work areas. Time for report preparation and project management has also been allotted under this task. Estimated Labor Cost for Task 1 $4,000.00 The proposed fee for completion of the work outlined under Task 1 herein would be billed on a time-and-materials basis, not to exceed $4,000.00. This includes $3,300.00 in labor, $200.00 in direct/reimbursable costs and a 15% contingency. Direct/reimbursable costs would be billed at a 15% markup and will include mileage, reprographics, etc. All labor hours will be billed according to our 2009 Schedule of Charges (attached). Exclusions: Not included in this proposal are any other directed sensitive wildlife or plant species surveys, additional vegetation mapping, wetlands delineations, and/or attendance at additional city or resource agency meetings, if necessary. Dudek we will be happy to add any of these tasks on a time-and-materials basis as necessary. If this additional scope and costs are acceptable, please process an additional contract amendment authorization for this additional work. Please feel free to call me at 760.479.4279 if you have any questions regarding this proposal. Sincerely, Minchin, Landscape Architect ior Project Manager Alt: Dudek 2009 Standard Schedule of Charges cc: Anita Hayworth, Dudek Kam Muri, Dudek Doug Helming, Helming Engineering DUDEK 2 March 2009 AMENDMENT NO. 6 TO AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR ENDANGERED SPECIES FIELD SURVEYS DURING THE CONSTRUCTION OF THE RANCHO SANTA FE ROAD WETLANDS MITIGATION PROJECT (DUDEK AND ASSOCIATES, INC.) This Amendment No. 6 is entered into and effective as of the t day of 2008, amending the agreement dated June 20, 2002 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek & Associates, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for professional services for endangered species field surveys during the construction of the Rancho Santa Fe Road Wetlands Mitigation Project, hereafter the "Project." RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend the agreement for a period of one (1) year and amend the scope of work to include preparation of the plans and specifications separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to amend the scope of work to modify plans and specifications for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and C. On May 30, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the agreement for a period of one (1) year; and D. On July 19, 2007, the Parties executed Amendment No. 4 to the Agreement to extend and amend the scope of work and fee schedule and fund the Agreement for a period of one (1) year; and E. On May 21, 2008, the Parties executed Amendment No. 5 to the Agreement to extend the agreement for two (2) additional years and provide supplemental construction phase services; and F. The Parties desire to alter the Agreement's scope of work to provide construction phase endangered species field surveys; and G. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A" dated November 11, 2008. 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed seven thousand dollars ($7,000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" and deliver to City a written summary report of the activities and results of said work no later than September 30, 2009. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version #05.22.01 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR DUDEK & ASSOCIATES, INC., a California, corporation Xsign here)Dudek Frank Dudek (print name/titl^resident (e-mail address) ignher^ne Collins Secretary (print name/fit (e-mail address) CITY OF OWRLSBAD, a municipal corporatiop/jf tye State of California By: ATTEST: LORRAIN City Clerk <7- %V", • • *x^ '/, •*> If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 DUDEK MAIN OFFICE 605 THIRD STREET EXHIBIT "A" November 11, 2008 3385-07 John Cahill Municipal Project Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Amendment Request for Additional Environmental Consulting Services for the Rancho Santa Fe Road Off-site Mitigation Site, City of Carlsbad, California Dear Mr. Cahill: In response to your request, Dudek is pleased to provide this scope of work and cost estimate for additional environmental consulting services related to the Rancho Santa Fe Road Off-site Wetland Mitigation project. The additional services requested by the City of Carlsbad (City) at this time include additional project management coordination services and biological resources work to conduct additional presence/absence surveys for the California gnatcatcher (Polioptila californica) during construction of the off-site mitigation areas. Per the city's request, Dudek will coordinate with the Center for Natural Lands Management (CNLM) to assist with acquiring the rights to enter and conduct work within the designated open space preserve areas. CNLM will serve as a subconsultant to Dudek for this coordination effort. This coordination work is outlined under Task 1 below. Also, per the City's request, Dudek will conduct additional gnatcatcher surveys during the construction period to determine the presence/absence of gnatcatchers in proximity to the work areas. Previous surveys for gnatcatcher conducted by Dudek in July 2008, within the vicinity of this mitigation site, indicated that the adjacent area was occupied by the gnatcatcher. Work on the wetlands mitigation site for Rancho Santa Fe Road will be located adjacent to coastal sage scrub habitat that could be occupied by gnatcatcher and if construction is to take place during the breeding season (i.e., between February 15 and August 31) surveys will be required. The presence/absence surveys are conducted in order to avoid potential indirect impacts to this federally listed threatened species; thus, the purpose of the surveys is to verify the occupation of the site by gnatcatcher and determine if they are nesting within 500 feet of construction activities. If work will occur within this 500-foot zone, then noise attenuation measures will Mr. John Cahill Subject: Amendment Request for Additional Environmental Consulting Services for the Rancho Santa Fe Road Off-site Mitigation Site, City of Carlsbad, California likely be required. A detailed scope of work and cost estimate to complete the additional gnatcatcher surveys is provided under Task 2 below. SCOPE OF WORK Task 1 Additional Project Management and Coordination with the Center for Natural Lands Management (CNLM) Dudek will provide additional project management coordination between the City and CNLM in order to help acquire permission for the City and their designated contractor to access the managed open space areas controlled by CNLM and to coordinate vehicular access and staging area issues. CNLM will serve as a subconsultant to Dudek for this effort to assist with this coordination effort. Work will include up to two site meetings between Dudek and CNLM to review potential project staging areas and vehicular access routes. Estimated Labor Cost for Task 1 $2,000.00 Task 2 Focused Surveys for the California Gnatcatcher Dudek will conduct a directed survey for the federally listed threatened California gnatcatcher in all areas adjacent to the proposed work areas within the project boundaries that support suitable gnatcatcher habitat. All suitable habitat areas within approximately 500 feet of the proposed work area will be surveyed. We assume that this constitutes less than 100 acres, which is the maximum that can be surveyed within one survey day. The surveys will be conducted by Dudek biologists holding federal permits to conduct California gnatcatcher surveys. The surveys will be conducted in accordance with the current U.S. Fish and Wildlife Service (USFWS) protocol (February 1997). The site is located within an enrolled Natural Community Conservation Planning (NCCP) area; therefore, three (3) visits are required. Site visits at a minimum interval of seven days are required to obtain an adequate accuracy of counts. As specified in the USFWS guidelines, surveys will not be conducted when the air temperatures are below 55° F or above 95° F, and if winds are stronger than 15 mph. Bird activity and consequently the ability to detect this species typically declines during these adverse weather conditions. Data will be collected on the number of individual gnatcatchers and habitat characteristics, including slope, elevation, dominant vegetation types, and habitat disturbances. If a gnatcatcher is detected, time will be spent in trying to determine if they are nesting and where the nest is located. The locations of any observed gnatcatchers and detected nest locations will be mapped on an aerial photograph and then transferred to a topographic base map. Per the requirements of the USFWS protocol, a report must be submitted to the USFWS within 45 days of the completion of the survey. The DUDEK , 338507 November 2008 Mr. John Cahill Subject: Amendment Request for Additional Environmental Consulting Services for the Rancho Santa Fe Road Off -site Mitigation Site, City of Carlsbad, California report summarizes the methods and results of the survey. The report will be provided to the City of Carlsbad for approval prior to submittal to the USFWS. Estimated Labor Cost for Task 2 ................................................................................ . ..... $5,000.00 The proposed fee for completion of the work outlined under Tasks 1 and 2 herein would be billed on a time-and-materials basis, not to exceed $7,200.00. This includes $7,000.00 in labor and $200.00 in direct/reimbursable costs. Direct/reimbursable costs would be billed at a 15% markup and may include mileage, in addition to other direct charges. All labor hours will be billed according to our 2008 Schedule of Charges (attached). Not included in this proposal are directed sensitive wildlife or plant species surveys other than those identified above, vegetation mapping, wetlands delineation, attendance at additional meetings or hearings, resource agency permit application preparation, conceptual mitigation plans, identification of off-site mitigation areas, or other regulatory compliance. Dudek we will be happy to add any of these tasks on a time-and-materials basis as necessary. Please process a contract amendment for this additional work if these costs are acceptable. Please feel free to call me at 760.479.4279 if you have any questions regarding this proposal. Sincerely, -i . ohp Minchin, Landscape Architect ior Project Manager Alt: Dudek 2008 Standard Schedule of Charges cc: Anita Hayworth, Dudek Kam Muri, Dudek Doug Helming, Helming Engineering DUDEK 3385~07 U \J U C IV 3 November 2008 DUDEK 2008 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director $205.00/hr Program Manager $190.00/hr Principal Engineer II $180.00/hr Principal Engineer I $170.00/hr Senior Project Manager $160.00/hr Project Manager $145.00/hr Resident Engineer $135.00/hr Senior Engineer II $135.00/hr Senior Engineer I $125.00/hr Associate Engineer $115.00/hr Project Engineer IV $110.00/hr Project Engineer III $100.00/hr Project Engineer II $95.00/hr Project Engineer I $85.00/hr Field Engineer II $110.00/hr Field Engineer I $100.00/hr Engineering Assistant $75.00/hr Right-of-Way Management Services Principal ROW Manager $170.00/hr ROW Project Manager $140.00/hr ROW Senior Engineer $125.00/hr ROW Engineer $115.00/hr ROW Technician $105.00/hr ROW Research Analyst $75.00/hr Environmental Services Principal $210.00/hr Senior Project Manager/Specialist $195.00/hr Environmental Specialist/Planner VI $170.00/hr Environmental Specialist/Planner V $150.00/hr Environmental Specialist/Planner IV $135.00/hr Environmental Specialist/Planner III $125.00/hr Environmental Specialist/Planner II $110.00/hr Environmental Specialist/Planner I $100.00/hr Analyst $85.00/hr Planning Research Assistant $70.00/hr Construction Management Services Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.00/hr Project Manager $140.00/hr Resident Engineer $135.00/hr Construction Engineer $130.00/hr On-site Owner's Representative $105.00/hr Construction Inspector III $120.00/hr Construction Inspector II $110.00/hr Construction Inspector I $100.00/hr Hydrogeological Services Principal $205.00/hr Practice Manager $185.00/hr Sr. Environmental Engineer $185.00/hr Sr. Hydrogeologist/Sr. Proj Mgr $165.00/hr Project Manager $150.00/hr Associate Hydrogeologist/Engineer $135.00/hr Hydrogeologist IV/Engineer IV $120.00/hr Hydrogeologist Ill/Engineer III $110.00/hr Hydrogeologist Il/Engineer II $100.00/hr Hydrogeologist I/Engineer I $90.00/hr Technician $85.00/hr District Management & Operations District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager $150.00/hr District Secretary/Accountant $85.00/hr Collections System Manager $95.00/hr Grade V Operator $100.00/hr Grade III Operator $80.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II $55.00/hr Collection Maintenance Worker I $40.00/hr Office Services Technical/Drafting/CADD Services 3D Graphic Artist $140.00/hr Senior Designer $120.00/hr Designer $105.00/hr Assistant Designer $85.00/hr GIS Specialist IV $135.00/hr GIS Specialist III $120.00/hr GIS Specialist II $110.00/hr GIS Specialist I $100.00/hr CADD Operator II $95.00/hr CADD Operator I $85.00/hr CADD Drafter $80.00/hr CADD Technician $70.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor $160.00/hr 3-Person Survey Crew $235.00/hr 2-Person Survey Crew $205.00/hr 1-Person Survey Crew $110.00/hr Survey Analyst $110.00/hr Asst. Survey Analyst/CADD Mapper $80.00/hr Support Services Technical Editor III $130.00/hr Technical Editor II $110.00/hr Technical Editor I $90.00/hr Publications Assistant III $90.00/hr Publications Assistant II $80.00/hr Publications Assistant I $70.00/hr Clerical Administration $70.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at 50.5 cents per mile. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid in full. DUDEK Effective January 1, 2008 t'f 3 AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING OF RANCHO SANTA FE ROAD WETLANDS MITIGATION (DUDEK AND ASSOCIATES, INC.) This Amendment No. 5 is entered into and effective as of the /•'IsT day of 200_S_, extending and amending the agreement dated June 20, 2002_ __ (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek & Associates, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for professional services for preparation of revegetation construction plans and monitoring of Rancho Santa Fe Road wetlands mitigation. RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend the agreement for a period of one (1) year and amend the scope of work to include preparation of the plans and specifications separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to amend the scope of work to modify plans and specifications for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and C. On May 30, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the agreement for a period of one (1) year; and D. On July 19, 2007, the Parties executed Amendment No. 4 to the Agreement to extend and amend the scope of work and fee schedule and fund the Agreement for a period of one (1) year; and E. The Parties desire to alter the Agreement's scope of work to provide for bidding assistance for the offsite wetlands area as well as continue to provide construction support and biological monitoring; and F. The Parties desire to extend the Agreement for a period of two (2) years, and G. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed twenty one thousand dollars ($21,000.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty one thousand dollars ($21 ,000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. City Attorney Approved Version #05.22.01 3. Contractor will complete all work described in Exhibit "A" by June 18,2010. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 2 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR DUDEK & ASSOCIATES, INC., a California corporation *By:^L^4j^~—yy^^&^*^f^^***^^^^^*~' (print name/title) (e-mail address) *RV (sign here) (print name/title) -d (e-mail address) anageror Mayor ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. ""Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney )eputy City Attorney City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On_ Date personally appeared before me, K/fflblrlv/ S.TfSSQdQ * I Here Insert Name andTitle of the ) Name(s) of Signer(s) NMKRtyS.lESSADA Commission * 1518493 Notary PuWte - CoHfomta Son Diego County My Comm. Expires Oct 9,2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name^s) isdpj subscribed to the within instrument and acknowledged to me that he/she(fhe\^ executed the same in his/he^hen;)authorized capacities), and that by his/he^Reffl signatured)) on the instrumenTthe person^ or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT | OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 DUDEK EXHIBIT "A' MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450.1818 F 760.632.0164 RECEIVED MAR 18 2008 ENGINEERING DEPARTMENT 3385-02March 13, 2008 Mr. Douglas Helming Consultant Project Manager City of Carlsbad, Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Additional Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Program (Change Order Request) Dear Mr. Helming: Dudek provides this proposal requesting a change order for additional biological monitoring services associated with the Rancho Santa Fe Road offsite wetland mitigation program along San Marcos Creek. The additional services outlined herein have become necessary due to the delays in implementation of the offsite mitigation program and the additional monitoring services that are now envisioned based upon the anticipated construction schedule. As you know, the first phase of the wetland mitigation program at the Rancho Santa Fe Rd. Bridge (onsite area), is now complete. Dudek provided the biological construction monitoring of that work under our previous contract authorizations. The second phase of the wetland mitigation program, along San Marcos Creek, within the University Commons project, is slated to begin in 2008 (i.e. late summer/early fall). The bidding procedure is currently underway. Due to the delays in getting the Phase two work underway, Dudek is requesting additional funds to implement the bidding assistance work and to provide the biological construction monitoring and reporting for this portion of the wetland mitigation program. It should be noted that this current proposal does not include services to implement the long-term 5-year biological monitoring for either the onsite or offsite wetland mitigation areas. It is our understanding that the City has chosen another consultant team to provide that work and will be coordinating with them accordingly. Dudek's work under this current scope of work for the offsite mitigation area only, would involve bidding coordination, construction monitoring and monitoring during the 120-day of plant establishment maintenance period. At the successful conclusion of the 120-day period your other designated monitoring consultant would take over monitoring responsibilities. WWW.DUDEK.COM 0 Mr. Douglas Helming Subject: Additional Biological Monitoring Services for the Rancho Santa Fe Road Off-Site Wetland Mitigation Program (Change Order Request) The current attached scope of work and associated costs (Exhibit A) reflect our proposed additional services and costs for the additional monitoring work requested by the City. Please review this exhibit, as we feel we have addressed the additional services that are necessary at this time. The time delays and additional work outlined herein were not anticipated in our original contract or previous amendments with the City, so we are requesting another change order at this time to modify our contract to reflect these additional services. If this change order request meets with your approval please process whatever documents you feel are necessary to formalize this agreement and authorize these additional services. Thank you for help in assisting with processing this additional change order request! Sincerely, L. Minchin, Project Manager (Landscape Architect #2225, Habitat Restoration Specialist) Alt: Exhibit A cc: June Collins, Dudek rM i r* c n 3385-°2 U U LJ fc K 2 March 2008 \\ EXHIBIT A Scope of Work and Associated Costs ADDITIONAL TASK 1: Bidding Assistance for the RSFE Rd. Offsite Wetland Mitigation Areas Within University Commons Dudek will provide bidding assistance services during 2008 for the bidding phase of the Rancho Santa Fe Road Bridge, offsite wetland mitigation project (Phase 2), within the University Commons development. Dudek will coordinate with the City of Carlsbad to assist with the bidding procedure. Dudek will coordinate final clarifications to the bid documents with the City, will attend pre-bid site meetings, will answer questions from bidders and will provide responses to requests for information in interpreting the revegetation construction documents and specifications. This work includes attendance at a maximum of two pre-bid site meetings. All work would be completed during 2008. If the project has to be re-bid, or there are delays in selecting a contractor past the Fall of 2008, then Dudek would have the right to re-negotiate this fee. ADDITIONAL TASK 1 (Bidding Assistance) $5,500.00 ADDITIONAL TASK 2: Additional Installation Construction Monitoring At The RSFE Rd. Offsite Wetland Mitigation Areas Within University Commons Dudek will provide additional installation construction monitoring services for the implementation of the Rancho Santa Fe Road, offsite wetland mitigation project (Phase 2), within the University Commons development. Dudek will coordinate with the City of Carlsbad and the selected revegetation contractor (i.e. to be determined), to help implement the installation construction monitoring and initial 120-day maintenance monitoring for the offsite mitigation areas. Dudek will coordinate with the City's designated construction inspector and will participate in periodic milestone site observation visits to verify that the revegetation installation is conducted in compliance with the construction documents (i.e. plans and specifications) and to help assure compliance with the intended mitigation/revegetation program and resource agency permits. Dudek will prepare periodic site observation reports during the course of the installation and will prepare a final letter report at the completion of the installation period (i.e. assumed to be at the end of 120-day plant establishment maintenance period), to verify completion of the installation phase and to acknowledge the start of the long-term maintenance and monitoring period. This current task assignment assumes that the actual phase 2 revegetation installation work would begin in late summer/early fall 2008 and would be completed in the spring of 2009. If the project is delayed beyond that time frame, then an additional contract amendment would likely be r«k i i r-n- «^ 3385-02 DUDEK A-1 March 2008 EXHIBIT A (Cont.) necessary, and Dudek would have the right to re-negotiate this fee to reflect anticipated changes in Dudek's billing rate schedule. ADDITIONAL TASK 2 (Installation Construction Monitoring) $15,000.00 TOTAL ESTIMATED ADDITIONAL FEES (Tasks 1 & 2) $20,500.00 Reimbursable Costs $500.00 Direct/reimbursable costs for the proposed additional scope of work (Tasks 1& 2), such as mileage for site visits, reprographics, delivery costs, and other miscellaneous direct costs would be billed in addition to labor and are estimated to be $500. Direct costs will be charged using a 15% mark-up of actual costs. Dudek's direct costs do not include the cost of construction or maintenance materials, which are assumed to be part of the separate landscape contractor's installation and maintenance contract costs contracted for separately by the City. All fees will be invoiced on a time and materials basis according to the Dudek's Standard Schedule of Charges in effect at the time the services are rendered, up to a not to exceed total for this portion of the work of $21,000.00. T\ 11 n E u 3385~02 U U U t K A-2 March 2008 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING OF RANCHO SANTA FE ROAD WETLANDS MITIGATION (DUDEK & ASSOCIATES) Vis Amendment No. 4 is entered into and effective as of the / i M day of ' 200_2_, extending and amending the agreement dated June 20, 2002 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek & Associates, a California corporation, ("Contractor") (collectively, the "Parties") for professional services for preparation of revegetation construction plans and monitoring of Rancho Santa Fe Road wetlands mitigation. RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend and amend the scope of work to include preparation of the plans and specification separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to extend and amend the scope of work to modify plans and specifications to for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and C. On May 30, 2006, the Parties executed Amendment No. 3 to the Agreement to extend the agreement for a period of one (1) year; and D. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of one (1) year; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 18, 2008 on a time and materials basis not-to-exceed ten thousand dollars ($10,000). 2. Contractor will complete all work described in Exhibit "A" by June 18, 2008. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR DUDEK & ASSOCIATES, a California^orporation *By: CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor Jsignhere) Dlldek Frank Dudek ATTEST: LORRAIDte M. W City ClerlK (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. 'eputy City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #05.22.01 EXHIBIT A ADDITIONAL SCOPE OF WORK ADDITIONAL BIOLOGICAL MONITORING SERVICES FOR THE RANCHO SANTA FE ROAD ONSITE & OFFSITE WETLAND MITIGATION PROGRAM May 31,2007 ADDITIONAL TASK 1: Additional Biological Construction Monitoring At The Rancho Santa Fe Rd. Bridge (Onsite) DUDEK will provide additional biological construction monitoring services for the Rancho Santa Fe Road Bridge, onsite wetland mitigation project (Phase 1), along San Marcos Creek. Dudek will coordinate with the City of Carlsbad and the revegetation contractor Nature's Image, to help implement the biological monitoring and reporting program. Dudek will conduct periodic milestone site observation visits to verify the revegetation installation and to help assure compliance with the intended revegetation program. Dudek will prepare periodic site observation reports during the course of the installation and will prepare a final letter report at the completion of the installation period (i.e. assumed to be at the end of 120-days of maintenance), to verify completion of the installation phase and the start of the long- term maintenance and monitoring period. ADDITIONAL TASK 2: Additional Biological Construction Monitoring At The RSFE Rd. Portion of the Wetland Mitigation Areas Within University Commons (Offsite) DUDEK will provide additional biological construction monitoring services for the Rancho Santa Fe Road Bridge, offsite wetland mitigation project (Phase 2), within University Commons, along San Marcos Creek. Dudek will coordinate with the City of Carlsbad and the designated revegetation contractor (currently unknown), to help implement the biological monitoring and reporting program for the offsite areas. Dudek will conduct periodic milestone site observation visits to verify that the revegetation installation is conducted as indicated on the plans and specifications and to help assure compliance with the intended mitigation/revegetation program. Dudek will prepare periodic site observation reports during the course of the installation and will prepare a final letter report at the completion of the installation period (i.e. assumed to be at the end of 120-days of maintenance), to verify completion of the installation phase and the start of the long- term maintenance and monitoring period. 3385-1-02 DUDEK ^^^^^^^^=^=^== May 2007 1 EXHIBIT A ADDITIONAL SCOPE OF WORK ADDITIONAL BIOLOGICAL MONITORING SERVICES FOR THE RANCHO SANTA FE ROAD ONSITE & OFFSITE WETLAND MITIGATION PROGRAM May 31, 2007 This current task assumes that the actual phase 2 revegetation work would begin in 2007 and would be completed by June of 2008. If the project is delayed beyond that time frame, then an additional contract amendment would likely be necessary, to reflect changes in Dudek's billing rate schedule. ADDITIONAL TASK 1 $2,000.00 (Additional Biological Monitoring of Rancho Santa Fe Rd. Bridge, Onsite Work) ADDITIONAL TASK 2 $8,000.00 (Biological Monitoring of Rancho Santa Fe Rd. Mitigation, Offsite Work) TOTAL ESTIMATED ADDITIONAL FEES (Tasks 1 & 2) $10,000.00 Additional direct/reimbursable costs for the proposed additional scope of work (Tasks 1& 2), such as mileage for site visits, photo developing, blueprinting and reprographics, delivery costs, and other miscellaneous direct costs would be billed in addition to the amounts indicated above. Direct costs will be charged using a 15% mark-up of actual costs. DUDEK'S direct costs do not include the cost of construction or maintenance materials, which are assumed to be part of the separate landscape contractor's installation and maintenance contract costs contracted for separately by the City. All fees will be invoiced on a time and materials basis according to the DUDEK'S Standard Schedule of Charges in effect at the time the services are rendered, up to a not to exceed total for this portion of the work of $10,000.00. 3385-1-02 DUDEK ^^^^^^^ssssss^s^^^^^^^^^s^sss^ May 2007 2 May 31,2007 3385-1-02 Mr. Douglas Helming Consultant Project Manager City of Carlsbad, Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Change Order Request for Additional Biological Monitoring Services Associated with Rancho Santa Fe Road Onsite & Offsite Wetland Mitigation Project Dear Mr. Helming: Dudek provides this change order request for additional biological monitoring services associated with the Rancho Santa Fe Road onsite and offsite wetland mitigation program along San Marcos Creek. The additional services outlined herein have become necessary due to the extended timeframe for implementation of the mitigation program and the additional monitoring services that have become necessary as a result of the revegetation implementation delays. The first phase of the wetland mitigation installation work at the Rancho Santa Fe Rd. Bridge is currently underway, with the installation work being initiated by Nature's Image. Dudek has been providing biological construction monitoring of that work under our previous contract authorization. However, due to the project implementation delays, Dudek now needs additional funding to help complete this monitoring and reporting effort. The second phase of the wetland mitigation program, along San Marcos Creek, within University Commons, has not yet begun. It is our understanding that this portion of the work will be initiated by the City in the near future, once the bidding procedure is implemented and a contractor is selected to perform the installation work. Again, due to the delays in getting this work underway, Dudek is also in need of additional funds to implement the biological construction monitoring and reporting for this portion of the work. It should be noted that this current proposal does not include services to implement the long- term 5-year biological monitoring for the wetland mitigation program. A subsequent contract amendment, or new contract agreement, will be required at a later date, in order to implement the long-term five-year biological monitoring period that will be required for both phases of the 3385-1-02====s===^=^========—===== May 2007 1 Mr. Douglas Helming Re: Rancho Santa Fe Road Mitigation Additional Landscape Architecture Services Change Order Request project. Dudek can provide a separate proposal for this additional work at a later date, if you so desire. The current attached scope of work (Exhibit A) and cost estimate (Exhibit B) reflect our proposed additional services and costs for the additional work requested by the City at this time. Please review these exhibits, as we feel we have addressed the additional services that are necessary. The time delays and additional work outlined herein were not anticipated in our original contract or previous amendments with the City, so we are requesting a change order at this time to modify our contract to reflect these additional services. If this change order request meets with your approval please process whatever documents you feel are necessary to formalize this agreement and authorize these additional services. Thank you for help in assisting with processing this change order request! Very truly yours, n L. Minchin, Project Manager indscape Architect #2225, Habitat Restoration Specialist) Attachments: Exhibits A&B cc: June Collins, Dudek 3385-1-02DUDEK ^^^^^^=^^^^==^^^=—^ May 2007 2 PWENG289 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING OF RANCHO SANTA FE ROAD WETLANDS MITIGATION (DUDEK & ASSOCIATES) This Amendment No. 3 is entered into and effective as of the \3 day of 200££_, extending the agreement dated June 20, 2002 (the "Agreecflent" ) by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek & Associates, a California corporation, ("Contractor") (collectively, the "Parties") for professional services for preparation of revegetation construction plans and monitoring of Rancho Santa Fe Road wetlands mitigation. RECITALS A. On June 17, 2002, the Parties executed Amendment No. 1 to the Agreement to amend and extend the scope of work to include preparation of the plans and specifications separate from the Brookfield University Commons mitigation plans; and B. On May 13, 2005, the Parties executed Amendment No. 2 to the Agreement to modify the plans and specifications for the irrigation system and water sources and changes to the location of a portion of wetland mitigation; and C. The Parties desire to extend the Agreement for a period of one (1 ) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1 ) year ending on June 20, 2007. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 PWENG289 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR DUDEK & ASSOCIATES, a California corporation *By: Dudek & Associates, Inc. Frank J,.Dudok . Co***' (e-mail address) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ity Manager or Mayor ATTEST: LORRJ^INE M. WOOD City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President 'Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. Deputy City Attorney City Attorney Approved Version #05.22.01 n> c"^ srf —O OS) CDT3 2Pf CBGJ 12.|— O-o cS. £(B -iO <'" 1ISJ Ia I? -0 <2 <S I I 9- f Ol SCO CO 0! Ow o> d O3 8- ,f€•u>01oCD T3 5' CO f 1 a7 ao -t". ACO CO 6 6 8 COC0COCOCOCOCDCDCOCOCOCOCDCOCOO}O)CD CO COCOCOCDCOO)OO)O)O>CO CO CO CO CO CDCOCOCDOO>O)O)555555555555555ZZZZZZZZZZZZZZZoooooooooooooooooooooooooooooogggggg£££g££gg£ZZZZZZZZZZZZZZZ TITITITITITITITITITITITITITITImrnrrimmrnrnrnmmmrTimrnm oo ooooooa o o D o a• i i i i i i i i i i i i i -O-UTJTJTJTJTJTPTJTJTJTJTITI rnrnmrnmmrnmmrnrnmmmrn .j. _x ^ ai co to -^COOCOtOW-'COCOCO-'OO-'-'Oiocnooococoocooi-'ooooo "to "en "oO O ^J OO O O O O Ol O O 00§OOOOAOOOOIOOOOMOA~J 10jo o -» -» "w "oo -» "-^ roo ^^ IO Ol-^ o O)cnoo^j ooooooooooooooo ^~ IO-» O> 10§01 co w to oo -i S -" 00 00 CO ~<J>->> to <o o> &-'OOOOOO-'-»IOOOOWOO vto co -» lo coa>CT>oioirooocooico-iM oo §-k^ ^. _» "*. o -» "->.tO^llOCDCO-*-'^lO-'COO-'Ol OOCOCO-fe-OIOCOOI^JCOOOIO.^ -* -* A O> CO ^ NJ -» __>. Ol O Ol O JDO CO CO O CO Ol -* OO 00 §o o o "o "01 o "o "oo "to o "M "o> ooooo^oopcncooo>^jo 0 i§Em mO >M_ Oi*sPir IO§enm | 00 STJm o u o rm TJ 3DOTJ "3D 13 7) O en_^oo o0> AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING OF WITH DUDEK 4% ASSOCIATES RANCHO SAN TA FE ROAD WETLANDS MITIGATION This Amendment No. 2 is entered into and effective as of the 1 3-cL‘ day of , 2005, amending the agreement dated June 20, 2002 (the + “Agreem t”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Dudek & Associates, (“Contractor“) (collectively, the “Parties”) for preparation of construction plans and monitoring services for the wetlands mitigation required for the Rancho Santa Fe Road Widening and Realignment Project. RECITALS A. On June 17, 2004, the Parties executed Amendment No. 1 to the Agreement to extend and amend the scope of work to include preparation of the plans and specification separate from the Brookfield University Commons mitigation plans; and B. The Parties desire to alter the Agreement’s scope of work to modify plans and specifications to for the irrigation system and water sources and potential changes to the location of a portion of wetland mitigation; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit “A’. 2. City will pay Contractor for all work associated with those services described in Exhibit “A on a time and materials basis not-to-exceed Ten Thousand two Hundred dollars ($10,200). Contractor will proceed with Task 1 described in exhibit “A” upon receipt of a copy of this signed amendment. Task 2 will be undertaken only upon written authorization by the City of Carlsbad. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by June 20,2006. City Attorney Approved Version #05.22.01 1 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACmR 5 CITY OF CARLSBAD, a municipal corporation of the State of California Ci@ Manager ATTESg **By: 77 (prin't name/titIe) e **By: 77 (prin't name/titIe) e If required by City, proper notarial acknowledgment of execution by contractor must be attached. Comoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Othemrise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: deputy City Atforney City Attorney Approved Version #05.22.01 2 EXHIBIT A ADDITIONAL SCOPE OF WORK REVISED REVEGETATION CONSTRUCTION DOCUMENTS FOR RANCHO SANTA FE ROAD OFFISTE WETLAND MITIGATION PROGR4M WIT” UNIVERSITY COMMONS December 1,2004 ADDITIONAL TASK 1 : Revised Irrigation Plans for Separate Water Source Connections DUDEK will prepare a revised set of revegetation construction documents (irrigation plans and specifications) for the 3.6 acre offsite wetland mitigationhevegetation program for the Rancho Santa Fe Road project, to be implemented offsite within the University Commons project, along San Marcos Creek. The irrigation system will be modified to separate the Rancho Santa Fe Road irrigation system and water source from the University Commons water source and mainline. Separate . water meters, backflow preventers, controllers, irrigation mainline and associated improvements will now be shown on the plans, The revised landscape architectural work will include coordination with the City, Brookfield Homes and the O’Day Consultants to resolve irrigation water meter source issues, as well as the separation of irrigation system to a stand alone system, entirely separate from the University Commons irrigation system. The revised revegetation construction documents (plans) will be separate irrigation plans and associated legendsldetails, for the offsite revegetation areas exclusively for the Rancho Santa Fe Road mitigation areas. The plans will be prepared in AutoCAD Release 14 or later format, at a scale compatible with the engineer’s grading plans. The plans will show detailed irrigation layouts and will include necessary legends, construction details, legends, bidding notes and construction specifications. The irrigation plans will also be modified to add a bid note to the plans indicating that all areas currently shown on the plans east of the quarry area are to be shown as “Deductive Alternate” bid items at this time. A ballpark cost estimate, approximating the cost of the revised irrigation system, will be prepared based upon the revised plans and reflecting the irrigation system in the current area east of the quarry as a “Deductive Alternate” bid item. EXHIBIT A ADDITIONAL SCOPE OF WORK REVISED REVEGETATION CONSTRUCTION DOCUMENTS FOR RANCHO SANTA F'E ROAD OFFISTE WETLAND MITIGATION PROGRAM WITHIN UNNERSITY COMMONS December 1,2004 ADDITIONAL TASK 2: Additional Construction Documents For Relocated Areas Along San Marcos Creek (Additional Revegetation Landscape Plans) As part of Task 2, if elected by the City, DUDEK would prepare additional drawings to supplement the set of revegetation construction documents (Le. plans, details, legends and specifications) for the offsite revegetation areas to be implemented within the University Commons project, along San Marcos Creek. The plans will address new areas for relocation of a portion of the mitigation obligation, to a yet to be determined new site location along San Marcos Creek. As part of this work the current plans would be modified to delete the previous portion of work east of the old quarry. It is assumed that wetland grading plans for the additional site would be prepared separately by the City's designated engineering consultant, and that these plans would be a separate set of grading plans for bidding and ultimate construction. DUDEK would coordinate with the City's engineering consultant to convey the intent for the grading of the site to accommodate the intended wetlands. The additional revegetation construction documents (Le. plans and specs.) shall be detailed plans sufficient for bidding and construction of the revegetation areas. The revegetation construction documents shall implement the design intent of the original conceptual wetland mitigation plan report for the amount of creation and enhancement area alfotted to the Rancho Santa Fe Road project. (DUDEK) shall incorporate City requested changes as necessary prior to final approval of the plans. DUDEK will produce a supplemental set of drawings, including demolition plans, irrigation plans, planting plans with site preparation notes, legends, details, and necessary written installation specifications in plan format for the additional areas. As part of the inigation design effort DUDEK will research available water source connections with the local water district and with the project engineer, for appropriate irrigation points of connection for the new revegetation areas. It is anticipated that the supplemental plans will be utilized by the City for submittal to the California Department of Fish & Game, the U.S Army Corps of Engineers and The Regional Water Quality Control Board, as a follow-up to the permit requirements, as well as for bidding and . . ._ . - EXHIBIT A ADDITIONAL SCOPE OF WORK REVISED REVEGETATION CONSTRUCTION DOCUMENTS FOR RANCHO SANTA FE ROAD OFFISTE WETLAND MITIGATION PROGRAM WITHIN UNIVERSITY COMMONS December 1,2004 construction implementation purposes. Project specifications will be included in plan format as part of the revegetation construction documents. DUDEK will assist with the re-submittal of the documents to the City and the agencies and will incorporate plan check comments as necessary. DUDEK will provide general project management and coordination with the City and project consultants under this task, which may include periodic meetings to review the additional plans and to finalize the revegetation construction documents. It is assumed that the City will negotiate all ha1 arrangements with Brookfield Homes or any other land owners for use of the additional, yet to be determined, property to facilitate the City's relocated portion of the offsite wetland mitigation program. DUDEK also wiIl prepare a ballpark construction cost estimate approximating the cost of additional revegetation improvements, based upon the information shown on the supplemental plans, for fmal City review and approval. This estimate will include the deletion of the area east of the quarry. EXHIBIT B ADDITIONAL COST ESTIMATE REVISED REVEGETATION CONSTRUCTION DOCUMENTS FOR RANCHO SANTA FE ROAD OFFISTE WETLAND MITIGATION PROGRAM WIT" UNIVERSITY COMMONS Dcccmber 1.2004 ADDITIONAL TASK 1 ....................................................................................... $2,800.00 (Revised Irrigation Plans for Separate Water Source) ADDITIONAL DIRECT COSTS (Task 1 only) ...................................................... $500.00 Subtotal Task 1 ................................................................................................. $3,300.00 ADDITIONAL TASK 2 ....................................................................................... $6,400.00 Additional Construction Documents For Relocated Areas Along San Marcos Creek (Additional Revegetation Landscape Plans) ADDITIONAL DIRECT COSTS (Task 2 only) ...................................................... $500.00 Subtotal Task 2 ................................................................................................. $6,900.00 Additional direcdreimbursable costs for the proposed additional scope of work (Tasks 1&2), such as mileage for site visits, photo developing, blueprinting and reprographics, delivery costs, and other miscellaneous direct costs would be billed against each task as indicated above. Direct costs will be charged using a 15% mark-up of actual costs. DUDEK'S direct costs do not include the cost of construction or maintenance materials, which are assumed to be part of the separate landscape contractor's installation contract costs contracted for separately by the City. These costs also do not include the costs of any additional permit fees with the resource agencies, or plan check fees with the City of San Marcos or other jurisdictions. It is assumed that the City would pay these fees separately as necessary. TOTAL ESTIMATED ADDITIONAL FEES ...................................................... $10,200.00 (Additionat Tasks 1 & 2 and Direct Costs) All fees will be invoiced on a time and materials basis according to the DUDEK'S Standard Schedule of Charges in effect at the time the services are rendered, up to a not to exceed total for this portion of the work of $10,200.00. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING OF RANCHO SANTA FE ROAD WETLANDS MITIGATION WITH DUDEK & ASSOCIATES Thisaent No. 1 is entered into and effective as of the 1 y& day of , 200& extending and amending the agreement dated June 20, 2& (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Dudek & Associates, (“Contractor”) (collectively, the “Parties”) for preparation of construction plans and monitoring services for the wetland mitigation required for the Rancho Santa Fe Road Widening and Realignment Project. RECITALS A. The Parties desire to alter the Agreement’s scope of work to include additional work to prepare plans and specifications separate from the Brookfield University Commons mitigation plans; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit “A”. With this Amendment, the total annual Agreement amount shall not exceed forty one thousand five hundred dollars ($41,500). 2. City will pay Contractor for all work associated with those services described in Exhibit “A on a time and materials basis not-to-exceed five thousand dollars ($5,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A by June 20, 2006. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 1 City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corDoration of the State of California By: City Manager All-EST: (print n- ~~dO.k@dvdek. CQd (e-mail address) LORRAINE M. WO City Clerk (agn here) Dudek & Associates, Inc. If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the off icer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Attorney City Attorney Approved Version #05.22.01 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE ADDITIONAL TASK 5: Modification of revegetation plans and specifications as a stand alone set of revegetation construction documents for Rancho Santa Fe Road offsite wetland revegetation areas located on the Brookfield University Commons property. (The original scope included the preparation of one set of plans for Brookfield and the City of Carlsbad for wetland mitigation revegetation requirements for both the Rancho Santa Fe Road and the University Commons development projects. Due to federal funding and public contract code requirements, these projects could not be bid together as one set of documents.) $4,500 ADDITIONAL DIRECT COSTS: $500 TOTAL ESTIMATED ADDITIONAL COSTS $5,000 City Attorney Approved Version #05.22.01 AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING FOR RANCHO SANTA FE ROAD WETLANDS MITIGATION WITH DUDEK &ASSOCIATES THIS AGREEMENT is made and entered into as of the Aw# day of 3LtNG 9- 20 02, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Dudek & Associates, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a Landscape Architect that is experienced in preparation of revegetation construction plans and specifications and monitoring during planting for wetlands mitigation. B. Contractor has the necessary experience in providing professional services and advice related to preparation of revegetation construction plans and specifications and monitoring during planting for wetlands mitigation. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed One Hundred Thousand Dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 1 City Attorney Approved Version #05.22.01 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Thirty-Six Thousand Five Hundred dollars ($36,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work andlor Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved Version #05.22.01 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to-property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V'. 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies. contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.12 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3 City Attorney Approved Version #05.22.01 10.1.3 Workers' ComDensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved Version M5.22.01 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant'to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor aarees that all coDvrights that arise from the services will be vested in City and Contract& relinquishes all claims to the copyrights in favor of City. .. - 15. NOTICES The name of the Dersons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contracior under this Agreement. For City: For Contractor: Name Carrie Loya-Smalley Name John L. Minchin Title Senior Civil Engineer Title Project Manager City of Carlsbad Engineering Department Dudek & Associates Address 1635 Faraday Avenue Address 605 Third Street Carlsbad, CA 92008 Encinitas, CA 92024 Phone No. (760) 602-2746 Phone No. (760) 942-5147 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 5 City Attorney Approved Version W5.22.01 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version M5.22.01 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or Perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona tide employee, any fee, commission, percentage, brokerage fee, gift, this Agreement. For breach or violation of this warranty, City will have the right to annul or any other consideration contingent upon, or resulting from, the award or making of this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to Citv must be asserted as Dart of the Agreement process as set forth in this Agreement an; not in anticipation 'of litigation- or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 7 City Attorney Approved Version #05.22.01 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill 8 City Attorney Appmved Version #05.22.01 26. AUTHORITY The individuals executina this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Clr/,afr DUDEK &ASSOCIATES, a California corporation cor JE: %.Mayor r( -El( (print namehitle) ,,' (print namehitle) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary Or assistant secretary under corporate seal empowering the oftlcer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 9 City Attorney Approved Version #05.22.01 personally appeared INAMEISI OF SIGNERISII dpersonally known to me -OR- 0 OFFICIAL SEAL - & HENRIETTE M. BURBANK, m cc NOTARY PUBLIC- CALIFORNIA^ COMM. NO. 1196964 - SAN DlEGO COUNTY MY COMM. EXP. SEPT. 27,2032 I Iitness E roved to me on the asis of satisfactory evidence to be the . persornwhose nam IS/~ subscribed to v? t e wit In instrument and " acknowlddaed to methat orthe entitv upon beh3i ." ~~ of which the' person(s) acted, executed the instrument. my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. MIS CERTIFICATE r& or Type of Documem h9-t; SW bkssmI Wim MUST BE A'ITACHED PA .. TO THE DOCUMENT Numbs, of Paws y Dole of Document DESCRIBED AT RIGHT: CAPACITY CLAIMED BY SIONERISI OlNDlVlDUALlSl 06ORWRAlE OFFICERISI WlWT OPARTNERISI OLlMllED mu4 OA'ITORNEY IN FACT OGENERAL OTRUSTEEISI OGUAROIANICONSERVATOR OOTHER: .wr i. 'PU9W SlONER IS REPRESENTINQ: IN.^. ot ~ar.on1~ or Entnyl;s*l II RIGHT THUMBPRINT IOptbnall I/ CAPACITY CLAIMED BY SIGNERIS1 OINOIVIOUALISI IdORWRATE OFFICERISI em ,?% I5mJT mu4 OPARTNERISI OLlMlTEO OATTORNEY IN FACT OTRUSTEEISI OGENERAL OGUARDIANICONSERVATOR OOTHER: DNE cmT7az SIGNER IS REPRESENTINO INams 01 Parsonld or Entityliid WOLCOTTS FORM (13240 Rw. 3.94 Iprice cI-. #.?AI olS%4 WOLCOTTS FORMS. INC. UL PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPACITfIIREPRESENTAllONrrWO FINGERPRINTS I/ - BUS. NUMBER DATEISSUED BUSINESS LOCATION .. ,I . .~ ... .. ... .......... .. .. .~ . .... .. ... ... :. .., ...... ., . .,'. , : ~~ ..... .~ ....... ..... .... .. ......... .. .... .. ..: ...... ~.~:. ....... ...... .. .......... ... ...... .. .............. ..... ..... .. ,: . . ... ... , ',. . .. ..... ........ BUSINESS NAME .MAILING ADDRESS ' 605 3RD ST CIN AND STATE . :. I :; :+ . .~ .: .... ..: .,, :. , ,. .. Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 4 EXHIBIT A REVISED SCOPE OF WORK FINAL REVEGETATION LANDSCAPE PLANS AND REVEGETATION CONSTRUCTION MONITORING FOR THE RANCHO SANTA FE ROAD WETLAND MITIGATION PROGRAM December 6,2001 DUDEK will prepare one set of final revegetation construction documents (landscape plans and specifications) for both the 3.6 acre offsite wetland mitigatiodrevegetation requirement for the Rancho Santa Fe Road project, and the approximate 4.07 acre wetland mitigatiodrevegetation requirement for the University Commons project. Both projects will be implemented within the University Commons site along San Marcos Creek. DUDEK will prepare a separate set of revegetation plans for the 0.54 acre onsite wetland restoration requirement at the Rancho Santa Fe Bridge location. The landscape architectural work will include, preparation of conceptual grading designs for the revegetation areas within University Commons (U.C. sites), coordination with the Brookfield’s designated engineering consultant to resolve final grading of the U.C. sites, design of final planting and irrigation arrangements and preparation of final revegetation landscape construction documents (i.e. plans and specifications). The final plans will include, planting plans, irrigation plans and associated legendsldetails, for both the onsite as well as offsite revegetation areas. DUDEK will not prepare the final grading plans for the grading of the revegetation areas. It is assumed that Brookfield’s designated engineering consultant will be utilized, under separate contract with the City and Brookfield, for preparation of these final grading plans based upon the conceptual grading designs provided by DUDEK. DUDEK will coordinate with the designated engineering consultant as necessary to help finalize the grading designs. The production of the landscape plans will utilize base civil engineering data, including topography and the final grading plans provided by the designated engineering consultant, showing the existing contours and proposed grading for the revegetation areas. DUDEK and the designated engineering consultant shall coordinate with the University Commons project design team to acquire available base information for the University Commons site. As you know, the interface between the Rancho Santa Fe Road and University Commons mitigation projects are important to the overall success of the mitigation effort and the overall enhancement of San Marcos Creek. The landscape plans will be prepared in AutoCAD Release 14 or later format, at a scale compatible with the engineer’s grading plans. The plans will show detailed planting and irrigation layouts and will include necessary legends and construction details. The plans will be utilized for submittal to the California Department of Fish & Game and the U.S Army Corps of Engineers as a follow-up to the permit requirements, and for bidding and construction Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 5 implementation. Ballpark cost estimates, approximating the cost of installation of the revegetation work, will also be prepared for both sites based upon the final plans. Project specifications will be produced in Microsoft Word format, per City standards. DUDEK will also provide revegetation construction monitoring during the installation phase, for both the onsite and offsite areas, to include the following: verification of site preparation procedures field coordination during the grading for the revegetation areas verification of the irrigation installations field spotting of the plant materials verification of seeding periodic monitoring visits during the installation and initial 120 day maintenance period to assure compliance with the revegetation construction documents All tasks are further outlined as follows: TASK 1: Construction Document Preparation for Offsite Revegetation Areas Within University Commons, Along San Marcos Creek (Revegetation Landscape Plans) DUDEK will prepare one set of revegetation landscape construction documents (Le. plans and specifications) for the offsite revegetation areas to be implemented within the University Commons project along San Marcos Creek. It is assumed that the final grading plans, which would be prepared separately by the designated engineering consultant, would be included in the construction document package for bidding and ultimate construction. The landscape/revegetation construction documents (Le. plans and specs.) shall be detailed plans sufficient for bidding and construction. The landscape construction documents shall implement the design intent of the original conceptual mitigation plan reports for both projects, and shall incorporate City requested changes as necessary prior to approval of the plans. DUDEK will produce planting plans with site preparation notes, legends, details; irrigation plans, legends, details; and necessary written installation specifications in an assumed 8 %” x 11” booklet format. As part of the irrigation design effort DUDEK will research available water source connections with the local water district and with the project engineer, for appropriate irrigation points of connection for the various revegetation are% withii the University Commons project site. DUDEK will also provide general project management and coordination with the City and project consultants under this task, which may include periodic meetings to review the plans and to finalize the revegetation program. It is assumed that the City will negotiate all final arrangements with Brookfield for use of the designated University Commons property to facilitate the City’s offsite mitigation program. A total of four meetings have been budgeted for by DUDEK for coordination with the City, Brookfield and the project consultants. Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 6 DUDEK will provide coordination with the City and project engineer during the preparation of the grading plans for the U.C. revegetation areas. DUDEK will prepare a conceptual grading design which will be forwarded to the City, Brookfield and the project engineer as the basis of design (i.e. grading concept) for preparation of the final grading plans for the U.C. revegetation areas. DUDEK also will prepare a construction cost estimate approximating the cost of construction of the offsite and onsite revegetation improvements, based upon the information shown on the final plans, for City review and approval. TASK 2: Construction Document Preparation for Onsite Revegetation Areas at the RSFE Rd. Bridge (Revegetation Landscape Plans) DUDEK will prepare one set of revegetation landscape construction documents (plans and specifications) for the onsite revegetation areas at the RSFE Rd. Bridge. The final grading plans for the bridge would be utilized as the base information for these plans. The landscape plans shall be detailed plans sufficient for bidding and construction. The landscape construction documents shall implement the design intent of the original conceptual mitigation plan report, and shall incorporate City requested changes as necessary prior to approval of the plans. DUDEK will produce planting plans with site preparation notes, legends, details; irrigation plans, legends, details; and necessvy written installation specifications in an assumed 8 %” x 11” booklet format. As part of the irrigation design effort DUDEK will research available water source connections with the local water district and with the project engineer, for appropriate irrigation points of connection for the restorationhevegetation area at the onsite Rancho Santa Fe Bridge location. DUDEK will also provide general project management and coordination with the City and their designated project consultants under this task, which may include periodic meetings to review the plans and to finalize the restorationhevegetation program. A total of two meetings have been budgeted for by DUDEK for coordination with the City and the project consultants. DUDEK also will prepare a construction cost estimate approximating the cost of construction of the onsite revegetation improvements, based upon the information shown on the final plans, for City review and approval. TASK 3: Revegetation Construction Monitoring Offsite Area at University Commons (Installation and 120 Day Maintenance Period) DUDEK will conduct revegetation construction monitoring during the landscape installation of the offsite revegetation areas, within University Commons along San Marcos Creek, and during the initial 120-day maintenance period, to assure compliance with the intended revegetation Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 7 program and the final revegetation construction documents. This work shall include coordination of plant material and seed availability and periodic monitoring of the installation including: City kick-off site meeting, verification of site preparation and grading, irrigation, planting, seeding and 120 day maintenance work. This work will include periodic monitoring visits during construction and then monthly monitoring visits during the initial 120-day maintenance and establishment period. Monitoring reports will be provided for major milestone site visits and to address punch list items needing correction and/or completion. A final report will be prepared at successful completion of the revegetation installation and the 12Oday maintenance period, to acknowledge completion of the installation phase and initiation of the long-term biological monitoring period. As part of this scope of work, DUDEK will assist the City with the procurement of plant materials, however, it is assumed that the City or designated landscape contractor will pay all required deposits and will purchase the plants directly under a contract growing agreement with a selected native plant nursery. One nursery site visit has been budgeted for. In addition, DUDEK assumes that the City andlor Brookfield through a mutual agreement will hire a separate landscape contractor who will complete all site preparation and revegetatiodlandscape work at the revegetation site. The contractor shall conduct all grading, complete site preparation and soil preparation procedures, install all irrigation systems, take delivery of the plants, install all plant materials and seed, and maintain the project for an initial 120 day maintenance period. TASK 4: Revegetation Construction Monitoring Onsite Area RSFE Rd. Bridge (Installation and 120-Day Maintenance Period) DUDEK will conduct revegetation construction monitoring during the landscape installation of the onsite revegetation areas, at the Rancho Santa Fe Road Bridge, and during the initial 120-day maintenance period, to assure compliance with the intended restoratiodrevegetation program and the final revegetation construction documents. This work shall include coordination of plant material and seed availability and periodic monitoring of the installation including: City kick-off site meeting, verification of site preparation and grading, irrigation, planting, seeding and 120 day maintenance work. This work will include periodic monitoring visits during construction and then monthly monitoring visits during the initial 12Oday maintenance and establishment period. Monitoring reports will be provided for major milestone site visits and to address punch list items needing correction or completion. A final report will be prepared at successful completion of the revegetation installation and the 120-day maintenance period, to acknowledge completion of the installation phase and initiation of the long-term biological monitoring period. As part of this scope of work, DUDEK will assist the City with arrangements for the contract growing of container plant materials for the project. It is assumed that the City or their designated landscape contractor will pay all required deposits and will purchase the plants directly under a contract growing agreement with a selected native plant nursery. DUDEK has only been budgeted for nursery coordination. It is assumed that plants would have been Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 8 inspected during the previous nursery visit budgeted for under Task 3 above. In addition, DUDEK assumes that the City will hire a separate landscape contractor, who will complete all site preparation and any final grading work at the RSFE Rd. Bridge revegetation site. The contractor shall also install all irrigation systems, take delivery of the plants, install all plant materials and seed, and maintain the project for an initial 120-day maintenance period. Additional Service: Long Term 5-Year Biological Monitoring (Five Year MaiutenanceMonitoring Period) The scope of work for conducting the long-term biological monitoring period for both the onsite, as well as offsite, mitigation areas would be provided at a later date. It is assumed that a combined mitigation and monitoring program would be worked out, in order to combine the monitoring and reporting requirements for both mitigation areas. Long term 5-year biological monitoring is not included in this current scope of work, and would be considered an additional service to this contract, to be negotiated with the City and authorized at a later date. Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 9 EXHIBIT B REVISED COST ESTIMATE FINAL REVEGETATION LANDSCAPE PLANS AND REVEGETATION CONSTRUCTION MONITORING FOR THE RANCHO SANTA FE ROAD WETLAND MITIGATION PROGRAM December 6,2001 TASK 1: Research and Preparation of Construction Documents for Offsite Reveg. Areas At University Commons (Planting & Irrigation Plans, Includes Ball Park Cost Estimate) $12,500.00 TASK 2: Research and Preparation of Construction Documents for Onsite Reveg. Areas At Rancho Santa Fe Rd. (Planting & Irrigation Plans, Includes Ball Park Cost Estimate) $7,500.00 TASK 3: Construction Monitoring for Offsite Revegetation Areas at University Commons (Installation & 120 Day Period) $s,ooo.oo TASK 4: Construction Monitoring Onsite Revegetation Areas at the RSFE Rd. Bridge (Installation & 120 Day Period) $7,000.00 Subtotal Design and Installation Phase: $35,000.00 ADDITIONAL SERVICE Long-Term 5-Year Biological Monitoring (Cost To Be Provided at a Later Date, Not Included At This Time) DIRECT COSTS (Tasks 1-4 only) $1,500.00 Direct costs for the proposed scope of work (Tasks 14), such as mileage for site visits, photo developing, blueprinting and reprographics, delivery costs, and other miscellaneous direct costs are estimated to be $1,500.00. This has been calculated using a 15% mark-up of actual costs. DUDEK'S direct costs do not include the cost of construction or maintenance materials, which would be included as part of the separate landscape contractors installation contract costs solicited separately by the City. Total Estimated Fees (Tasks 1-4 and Direct Costs) $36,500.00 All fees will be invoiced on a time and materials basis according to the DUDEKS Standard 2001 Schedule of Charges, up to a not to exceed total for this phase of the work of $36,500.00. This total for this phase of the work would not be exceeded without Client approval.