HomeMy WebLinkAboutDudek; 2014-03-26; UTIL1073UTIL1073
AGREEMENT FOR ENVIRONMENTAL SERVICES
(DUDEK)
AGREEMENT is made and entered into as of the ^2l£>^ day of
, 2014, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and DUDEK, a California corporation, ("Contractor")
RECITALS
City requires the professional services of an environmental services contractor that is
expenenced in biological resources Contractor has the necessary expenence 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
1. 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 penod of six (6) from the date first above written
3. COMPENSATION
The total fee payable for the Services to be performed will be four thousand nine hundred ten
dollars ($4,910) No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement City reserves the nght 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 ansmg out of the performance of the work descnbed 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 1/30/13
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 authonzed 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- Vll 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 "AX", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authonzed and approved by the Risk Manager or the City Manager Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be wntten as claims-
made coverage The insurance will be in force dunng the life of this Agreement and will not be
canceled without thirty (30) days pnor wntten notice to the City by certified mail City will be
named as an additional insured on General Liability which shall provide pnmary coverage to the
City Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City pnor 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 Carisbad Conflict of Interest Code The Contractor shall report
investments or interests in all four categones
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discnmination and harassment and will obtain and maintain a City of Carisbad 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, if the services have been delivered in accordance with the Agreement
10. 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 Carisbad Municipal Code Sections 3 32 025, et seq Contractor further
acknowledges that debarment by another junsdiction is grounds for the City of Carisbad to
terminate this Agreement
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and junsdiction for resolution of any
disputes between the parties ansing out of this Agreement is the State Supenor 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 pnor wntten consent of City
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor Any amendment
will be in wnting, signed by both parties, with a statement of estimated changes in charges or
time schedule
City Attorney Approved Version 1/30/13
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, nght and actual authonty
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
*^ ' *'(sign here) tflaRagor4)r Mayor or Director .\*»"'""//,
^ Howell ..<^^-^^.^0%
(pnnt name/tit^|,gg.^g^^
By
^ (sign here)
June Collins
(print na^Ai^ll^V
Dudek
BARBARA ENQLESON
City Clerk
If required by City, proper notanal 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 empowenng the officer(s) signing to bind the corporation
APPROVED AS TO FORM
CELIA A BREWER, City Attorney
Assistant City Attoriiey
City Attorney Approved Version 1/30/13
DUDEK EXHIBIT A
MAIN OFFICE
605 THIRD STREET
ENCINITAS, CALIFORNIA 92024
T 760 942 5147 T 800 450 1818 F 760 632 0164
March 7, 2014 214000-300
Sherri Howard
City of Carlsbad
Public Works-Engineering
1635 Faraday Avenue
Carlsbad, California 92008
Subject: Proposal for Biological Resources Services for Buena Vista Creek, City
of Carlsbad, San Diego County, California
Dear Ms. Howard
Dudek is pleased to submit this proposal to provide biological resources services for a nesting
bird survey in Buena Vista Creek within the City of Carlsbad, California This proposal includes
our understanding of the proposed activities, as well as a cost estimate for the proposed work.
Dudek assumes that the Carlsbad Watershed Network has all necessary permits to conduct the
proposed vegetation removal within Buena Vista Creek. The study area is located within the
Carlsbad Habitat Management Plan (HMP) plan area and therefore consistency with the HMP is
required However, the only requirements in the HMP that specifically relate to this project is
avoidance of construction activities during March 15 - September 15 to avoid impacts to
breeding birds. Although the proposed activities are scheduled to occur withm this period, the
nesting bird survey and appropriate avoidance measures will avoid any impacts.
SCOPE OF WORK
Dudek will conduct a pre-construction nesting bird survey for the Project to identify the presence
of any nesting birds subject to regulation under the Migratory Bird Treaty Act and/or the
California Fish and Game Code. Vegetation removal activities are scheduled to occur on March
20, 2014, and therefore the nesting bird survey will be conducted within 72 hours of that date. A
City-approved, Dudek biologist will inspect vegetation along the approximate 2,500-linear foot
(7 acres) portion of Buena Creek east of El Camino Real and south of State Route 78, plus a 200-
foot buffer on either side (the study area), to identify the presence of active bird nests. Any avian
nesting behavior (i.e., territorial defense, transport of nesting material or food for young, etc.)
observed will be monitored to determme if an active nest is present within the survey area
Dudek will record all bird species identified within the survey area. Following completion of the
nesting bird survey, Dudek will prepare a survey letter report documenting the methods and
Ms Sliern Howard
Subject. Proposal for Biological Resources Services for Buena Vista Creeic, City of Carlsbad, San
Diego County, California
results of the survey All wildlife species encountered and identified will be recorded and
included as an appendix to the biological letter report.
If active nests are located on the site, Dudek biologists will document the species and the status
of the nests. Dudek will notify the site construction manager immediately of any active nest(s)
identified. The active nest(s) would be flagged in the field for avoidance. Dudek will provide
recommendations for avoidance within the survey letter report if active nests are detected.
COST SUMMARY
We assume that the nesting bird survey will require four person days to thoroughly survey the 7-
acre study area. We assume that the letter report will require a total of six hours to complete. The
total not-to-exceed-cost for the work described above, based on time and materials, is $4,910.00.
If this is acceptable, we will provide a standard contract for you to sign and return No agency
coordination or meetings have been included, however, we will be happy to add any of these
tasks on a time and matenals basis. All work will be completed in accordance with our 2014
Standard Schedule of Charges. As always, we look forward to working with you. If you have any
questions regarding this scope or cost estimate, please feel free to contact me at 760.479.4281.
Very truly yours,
^an Emight
Environmental Analyst
Att 2014 Dudek Standard Schedule of Charges
214000-300
March 2014