HomeMy WebLinkAboutDudek; 2012-07-25; UTIL884UTIL884
AGREEMENT FOR ENVIRONMENTAL SERVICES
(DUDEK)
-/A
)THJ^ AGREEMENT is made and entered into as of the tSjS day of
, 2012, by and between the CITY OF CARLSBAD, a municipal rati;>fi, ("City"), and DUDEK, a California corporation, ("Contractor").
RECITALS
City requires the professional services of a contractor that is experienced in climate
change. Contractor has the necessary experience in providing these professional services, 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:
I- SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of six (6) months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand seven hundred
fifty dollars ($3,750). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. City reserves the right to withhold a
ten percent (10%) retention until City has accepted the work and/or the Services specified in
Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. 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 by any negligence,
recklessness, or willful misconduct 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 this Agreement.
City Attorney Approved Version 2/17/12
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General Liability which shall provide primary coverage to the
City. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8- COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, ifthe services have been delivered in accordance with the Agreement.
IO- CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or
time schedule.
City Attorney Approved Version 2/17/12
14. AUTHORITY
The individuals executing 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
DUDEK, a California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By
Frank Dudei
City Manager or Mayor or Director
By:
ATTEST:
(sign here)
Dydtli
June Collins Lorraine Wood, City Cle
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
Assistant Cit^TAttorney
City Attorney Approved Version 2/17/12
DUDEK EXHIBIT A
MAIN OFFICE
605 THIRD STREET
ENCINITAS. CALIFORNIA 92024
T 760.942.5147 T 800.4S0.i8!8 F 760.632 0164
July 5, 2012
Sherri Howard
City of Carlsbad
Utilities Engineering Division
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Corrugated Metal Pipe Replacement Program - Proposal to Prepare
Climate Change Technical Memorandum
Dear Ms. Howard:
Dudek is pleased to submit this proposal to prepare a climate change technical memorandum for
the Corrugated Metal Pipe Replacement Program (proposed project) in the City of Carlsbad,
Califomia. This proposal includes our understanding of the proposed project and a description of
the work required to satisfy the requirements of the City.
PROJECT DESCRIPTION
The Hoover/Lagoon portion of the proposed project involves rehabilitating approximately 474
lineal feet of 21-inch corrugated metal pipeline (CMP) with a cured-in-place liner. The project
also includes replacing approximately 24 lineal feet of 21-inch CMP with 18-inch high-density
polyethylene (HDPE) pipe via open trench immediately upstream of the damaged drainage
outfall structure. The project is located within the public right-of-way of Hoover Street and
vacant land between the southem end of Hoover Street and the northem edge of the Agua
Hedionda Lagoon. In addition, the project includes the constmction of a 1) storm drain cleanout,
2) headwall, and 3) riprap energy dissipater.
The Highland/Adams portion of the proposed project consists of replacing approximately 132
lineal feet of 12- and 15-inch damaged and degraded CMP with an 18-inch reinforced concrete
pipe (RCP) within the public right-of-way at the intersection of Highland Drive and Adams
Street. In addition, the project includes constmction of 1) two catch basins, 2) two storm drain
cleanouts, 3) a concrete drainage swale, 4) a concrete drainage ditch, 5) a concrete spillway, and
6) a riprap energy dissipater.
WWW.DUDEK.COM
Sherri Howard
Subject: Corrugated Metal Pip Replacement Program - Proposal to Prepare Climate Change
Technical Memorandum
Staging for equipment storage, etc., during constmction for both projects is assumed to occur
within roadways or other disturbed, vacant lots that are devoid of biological resources.
ASSUMPTIONS
The apphcant will provide a current detailed description of the constmction activities associated
with the proposed project. This description will include the following information:
• Overall constmction start date and end date
• Constmction phases (mass grading, fine site grading, trenching, constmction, etc.)
o Start and end date of each phase
o Equipment utilized during each phase
o Soil import/export, and location of donor/receiver site (if any)
o Maximum acres graded per day
SCOPE OF WORK
The cUmate change technical memorandum will include an assessment of the project in relation
to the potential impacts on global climate change. Dudek will calculate the potential GHG
emissions associated with constmction of the project using the URBEMIS2007 (URBan
EMISsions) land use and air emissions model, as well as other tools Dudek staff have developed.
For the purposes of this proposal, we have assumed that this project would not result in any
operational emissions.
Because neither the SDAPCD nor any statewide numerical thresholds have been adopted for
GHG emissions, a qualitative assessment of global climate change and the project's potential to
significantly contribute to the production of greenhouse gases will be included in the report. In
addition, the amendments to the State CEQA Guidelines, adopted by the Califomia Natural
Resources Agency on December 30, 2009, became effective on March 18, 2010. The climate
change technical memorandum will reflect the recent amendments to the extent they are
applicable.
COST SUMMARY
Dudek estimates the tasks outlined herein can be completed for an amount not to exceed $3,750.
The project will be billed on a Time and Materials basis according to our 2012 Schedule of
Charges. The time and materials fee provided in this proposal represents an estimate of the
anticipated level of effort required to complete the tasks described in the proposal.
DUDEK 2 July 2012
Sherri Howard
Subject: Corrugated Metal Pip Replacement Program - Proposal to Prepare Climate Change
Technical Memorandum
Should the actual effort to complete the proposed tasks be greater than anticipated and include
out of scope requests, additional fee authorizations will be requested. No work in excess of the
proposed fee or outside of the proposed scope of work will be performed without written
authorization from the client.
SCHEDULE
Dudek will prepare a draft report within three weeks after written authorization. This proposal is
in effect for a period of 60 days. Work performed will be billed monthly in accordance with the
attached Schedule of Charges, and payment is due thirty days after receipt of the invoice.
We look forward to the opportunity to work with you on this project. If you have any questions
regarding this proposal, please feel free to contact me at 760.479.4248, or bgrover@dudek.com.
Sincerely,
Brian Grover
Environmental Project Manager
cc: Dave Deckman, Dudek
Vipul Joshi, Dudek
DUDEK 3 July 2012
DUDEK
2012 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director $235.00/hr
Principal Engineer III $220.00/hr
Principal Engineer II $205.00/hr
Principal Engineer I $195.00/hr
Program Manager $200.00/hr
Senior Project Manager $185.00/hr
Project Manager $175.00/hr
Senior Engineer III $165.00/hr
Senior Engineer II $160.00/hr
Senior Engineer I $150.00/hr
Project Engineer IV/Technician IV $140.00/hr
Project Engineer Ill/Technician III $130.00/hr
Project Engineer ll/Technician II $120.00/hr
Project Engineer I/Technician I $105.00/hr
Project Coordinator $85.00/hr
Engineering Assistant $75.00/hr
ENVIRONMENTAL SERVICES
Principal $225.00/hr
Senior Project Manager/Specialist II $210.00/hr
Senior Project Manager/Specialist I $200.00/hr
Environmental Specialist/Planner VI $180.00/hr
Environmental Specialist/Planner V $160.00/hr
Environmental Specialist/Planner IV $150.00/hr
Environmental Specialist/Planner III $140.00/hr
Environmental Specialist/Planner II $130.00/hr
Environmental Specialist/Planner I $120.00/hr
Analyst $100.00/hr
Planning Research Assistant $80.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner I $200.00/hr
Environmental Specialist/Coastal Planner VI ..$190.00/hr
Environmental Specialist/Coastal PJanner V ...$170.00/hr
Environmental Specialist/Coastal Planner IV ..$160.00/hr
Environmental Specialist/Coastal Planner lll...$150.00/hr
Environmental Specialist/Coastal Planner ll....$140.00/hr
Environmental Specialist/Coastal Planner I $130.00/hr
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Archaeologist II $210.00/hr
Senior Project Manager/Archaeologist I $200.00/hr
Environmental Specialist/Archaeologist VI ..$180.00/hr
Environmental Specialist/Archaeologist V...$160.00/hr
Environmental Specialist/Archaeologist IV..$150.00/hr
Environmental Specialist/Archaeologist III ..$140.00/hr
Environmental Specialist/Archaeologist II ...$130.00/hr
Environmental Specialist/Archaeologist I ....$120.00/hr
Archaeologist Technician II $70.00/hr
Archaeologist Technician I $50.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager $195.00/hr
Senior Construction Manager $180.00/hr
Senior Project Manager $160.00/hr
Construction Manager $150.00/hr
Project Manager $140.00/hr
Resident Engineer $140.00/hr
Construction Engineer $135.00/hr
On-site Owner's Representative $130.00/hr
Construction Inspector III $125.00/hr
Construction Inspector II $115.00/hr
Construction Inspector I $105.00/hr
Prevailing Wage Inspector $135.00/hr
HYDROGEOLOGICAL SERVICES
Principal $220.00/hr
Sr. Environmental Engineer $190.00/hr
Sr. Hydrogeologist/Sr. Proj Mgr $170.00/hr
Project Manager $155.00/hr
Associate Hydrogeologist/Engineer $140.00/hr
Hydrogeologist IV/Engineer IV $125.00/hr
Hydrogeologist Ill/Engineer III $115.00/hr
Hydrogeologist ll/Engineer II $105.00/hr
Hydrogeologist I/Engineer I $95.00/hr
Technician $95.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager $175.00/hr
District Engineer $160.00/hr
Operations Manager $150.00/hr
District Secretary/Accountant $85.00/hr
Collections System Manager $95.00/hr
Grade V Operator $100.00/hr
Grade IV Operator $85.00/hr
Grade III Operator $80.00/hr
Grade II Operator $63.00/hr
Grade I Operator $55.00/hr
Operator in Training $40.00/hr
Collection Maintenance Worker II $55.00/hr
Collection Maintenance Worker I $40.00/hr
OFFICE SERVICES
Technical/Drafting/CADD Services
3D Graphic Artist $150.00/hr
Senior Designer $135.00/hr
Designer $125.00/hr
Assistant Designer $120.00/hr
GIS Specialist IV $150.00/hr
GIS Specialist III $140.00/hr
GIS Specialist II $130.00/hr
GIS Specialist I $120.00/hr
CADD Operator III $115.00/hr
CADD Operator II $110.00/hr
CADD Operator I $95.00/hr
CADD Drafter $85.00/hr
CADD Technician $75.00/hr
SUPPORT SERVICES
Technical Editor III $140.00/hr
Technical Editor II $125.00/hr
Technical Editor I $110.00/hr
Publications Assistant III $100.00/hr
Publications Assistant II $90.00/hr
Publications Assistant I $80.00/hr
Clerical Administration II $80.00/hr
Clerical Administration I $75.00/hr
Forensic Engineering - Court appearances, depositions, and interrogatories as
expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays - Minimum charge of two hours will be billed at 1.75
times the normal rate.
Material and Outside Services - Subcontractors, rental of special equipment,
special reproductions and blueprinting, outside data processing and computer
services, etc., are charged at 1.15 times the direct cost.
Travel Expenses - Mileage at cunent IRS allowable rates. Per diem where
ovemight 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 ofthe outstanding balance until paid in full.
DUDEK Effective January 1, 2012