HomeMy WebLinkAboutDudek; 2014-04-24; UTIL1077UTIL1077
AGREEMENT FOR ENVIRONMENTAL SERVICES
(DUDEK)
JEEMENT is made and entered into as of the day of
2014, by and between the CITY OF CARLSBAD, a municipal
("City"), and DUDEK, a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in
biological resources services.
B. Contractor has the necessary experience in providing professional services and
advice related to preparation of reports in support of CEQA compliance and resource agency
permitting.
C. 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 six (6) months from the date first
above written. The City Manager may amend the Agreement to extend it for one (1) additional
six (6) month period or parts thereof in an amount not to exceed eleven thousand three hundred
fifty dollars ($11,350) 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.
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
eighteen thousand six hundred fifty dollars ($18,650). 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
and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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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.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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 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 ofthis 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-:VH". OR
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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".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager 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.
10.1.2 Automobile Liabilitv. (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.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. 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.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
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 Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
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 Providing 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 Coverage. 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
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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.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearty identifiable. Contractor will allow a representative of City
dunng 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 agrees that all copyrights that anse from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Sherri Howard Name Tricia Wotipka
Title Associate Engineer Title Senior Biologist/Project Manager
Department Public Works Address 605 Third Street
City of Cartsbad Encinitas, CA 92024
Address 1635 Faraday Ave. Phone No. 760-479-4295
Cartsbad, CA 92008 Email twotipka(@dudek.com
Phone No. 760-602-2756
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.
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16. 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 categories.
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 whose services are
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 othenA/ise 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 fonwarded 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 (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded
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.
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
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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 fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or othenwise 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 City must
be asserted as part of the Agreement process as set forth in this Agreement and 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 seq.,
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.
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.
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26. 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
I /cinn horo\ (Sign here) ^^^^^
Frank Dudel«
(print name/title) President
CITY OF CARLSBAD, a municipal
corporation of the State of California
eyorof Division Director
authorized by the City Manager
Jim Howell
ATTEST:
BARBARA EIWGLESON
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:
CELIA A. BREWER, City Attorney
Assistant City Attorrify
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DUDEK EXHIBIT A
MAiN OFF!CE
605 THIRD STREET
ENCINITAS. CALIFORNIA 92024
T 760 942 5147 TSOO 450.1818 F- 760.632 0 I 54
Febraary 28, 2014 414000-30010
Ms. Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain
Replacement Project, City of Carlsbad, California
Dear Sherri:
Dudek is pleased to submit this proposal to provide biological resource services for the
replacement of a corroding, deteriorated storm drain pipe off of La Gran Via Road and Calina
Way in the City of Carlsbad, Califomia. This proposal includes our understanding of the
proposed project as well as a detailed scope of services and cost estimate for the proposed work.
PROJECT UNDERSTANDING
In addition to our discussions in the field on Febraary 20, 2014, the following are key aspects of
our understanding ofthe proposed project:
• The project involves clearing and recontouring an existing dirt access road from the cul-
de-sac at Calina Way to the storm drain site that is now overgrown with predominantly
non-native vegetation; replacing an existing deteriorated storm drain pipe extending off
of a vegetated slope; and identifying a long-term solution to correct erosive slope
conditions that have resulted from the corroded pipe.
• The project study area will include the access road and storm drain replacement site plus
a 100 foot mapping buffer from these features as specified in the City of Carlsbad
Guidelines for Biological Studies (2008).
• The project study area will not exceed two acres in size.
• Habitats in the immediate vicinity of the access road and storm drain site support coastal
sage scrab habitat and thus have a potential to support the Califomia gnatcatcher
{Polioptila californica californica), a federal threatened species. This survey has been
included as an optional task (see Task 4).
WWW.OUOtK COH
Ms. Sherri Howard
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain Replacement
Project, City of Carlsbad, California
The need for other focused surveys for special status plant and wildlife species will be
communicated to the City following the initial biological reconnaissance survey.
A wetland delineation will be performed to determine the limits of resource agency
jurisdiction in the project study area.
This scope of work and cost estimate assumes the preparation of a phased biology report
in which the first Screencheck draft will consist of a more constraints-level report with all
sections prepared in full report format with the exception of the direct impacts and
mitigation discussion, which will follow Dudek's receipt of the design files.
• This scope of work and cost estimate does not include resource agency permitting or the
preparation of habitat mitigation and monitoring plans.
• Dudek will work closely with the City and the City's engineering design consultant to
identify a project alternative that avoids and/or minimizes impacts to sensitive biological
resources to the greatest extent feasible.
• Project constraction plans (including base topographic files) and impact areas will be
ultimately provided to Dudek by the City in CADD or another approved format.
SCOPE OF WORK
Task 1 Biological Reconnaissance Survey
Vegetation Mapping
Dudek biologists will map vegetation communities in the field, directly onto 100-scale (1 inch =
100 feet), false-color digital orthographic maps with topographic overlay provided by the project
engineer. Biologists will cover the study area by foot, traversing existing dirt roads and traveling
along canyons and ridgelines. Vegetation mapping will be limited to the access road and storm
drain site along with a 100 foot-wide buffer from these features. Dudek will map vegetation
communities and land covers according to the Preliminary Descriptions of the Terrestrial
Natural Communities of California (Holland 1986) unless otherwise directed by the City.
Community classifications will be selected based on site factors, descriptions, distribution, and
characteristic species present within an area. In some areas, the vegetation communities
observed in the field may not match those described in Holland (1986). In these instances, Dudek
will generate additional site-specific vegetation community or land cover classifications. Visible
disturbance factors will also be noted during vegetation mapping. During the field survey, a
general inventory of plant and animal species detected by sight, calls, fracks, scat, or other signs
414000-30010
DUDEK 2 February 2014
Ms. Sherri Howard
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain Replacement
Project, City of Carlsbad, California
will be compiled as well as a determination of potential sensitive species that could occur in the
project study area. Observable sensitive resources including perennial plants and conspicuous
wildlife {i.e., birds and some reptiles) commonly accepted as regionally sensitive by the Califomia
Native Plant Society (CNPS), the California Department of Fish and Wildlife (CDFW), the U.S.
Fish and Wildlife Service (USFWS), and the City of Carlsbad Habitat Management Plan (HMP)
will be recorded and later digitized into a Geographic Information System (GIS) format and
added to the Biological Resources Map.
A Dudek GIS technician will digitize the vegetation boundaries into an ArcView file and create a
GIS coverage for vegetation communities. Once major linework and community designations are
completed, a geodatabase will be created to ensure these data are topologically correct and meet
final quality control and assurance procedures. These processes will include reviewing the
original hard-copy field maps in tandem with the digital data, as well as a comparison ofthe field
data with the final vegetation community designations.
Jurisdictional Wetlands Delineation
A jurisdictional delineation of "waters of the United States," including wetlands, under the
jurisdiction of the U.S. Army Corps of Engineers (ACOE), CDFW, and Regional Water Quality
Control Board (RWQCB) will be conducted within the project study area. Areas that are defined
as City wetlands also will be identified. The ACOE jurisdictional wetlands delineation will be
conducted in accordance with the 1987 U.S. Army Corps of Engineers Wetland Delineation
Manual (TR Y-87-1) and the Interim Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (ACOE 2006); hydrology, vegetation, and soils will be
examined at potential wetland sites and will be recorded on up to five wetland determination data
forms. A predominance of hydrophytic vegetation, where associated with a stream channel, will
be used to define CDFW-regulated wetlands. The limits of areas under the jurisdiction of the
RWQCB generally match those areas delineated as ACOE-jurisdictional. However, stream
channels with evidence of an ordinary high water mark (OHWM) that lack connectivity to waters
ofthe U.S. may be considered to be under the jurisdiction of RWQCB and CDFW but not under
the jurisdiction of ACOE if hydrophytic vegetation is present. The extent of wetland features will
be determined in the field by collecting data using a handheld Global Positioning System (GPS)
unit. Following completion of the wetland delineation, the wetland polygons and line features
will be transferred to a topographic base and a GIS coverage will be created. Once these features
are digitized, the acreage of each jurisdictional area will be determined.
Cost Estimate $2,000.00
414000-30010
DUDEK 3 February 2014
Ms. Sherri Howard
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain Replacement
Project, City of Carlsbad, California
Task 2 Biological Technical Report
The results of the biological reconnaissance survey will be documented and described in a full
Biological Technical Report (BTR) suitable to support the preparation of an environmental
document pursuant to the Califomia Environmental Quality Act (CEQA). The report will
include a discussion of the survey methodology according to the appropriate protocol and
adequacy of the surveys. Vegetation communities and special-status biological resources will be
described in terms of their regional significance and presence on site, including status under the
City of Carlsbad HMP pursuant to the Multiple Habitat Conservation Program (MHCP). All
biological resources observed or with potential to occur on site with any reasonable potential to
constrain the project will be addressed in the report. A table summarizing the special-status
species that occur in the project vicinity, but which have no reasonable potential to occur or
otherwise consfrain the project, will be included but not discussed further.
Also, included in the report will be an assessment of existing conditions, an impacts analysis, and
an assessment of the significance of impacts in accordance with CEQA, MHCP, and the wetland
resource agencies. Direct, indirect, and within-project cumulative effects for both short-term and
long-term effects of the proposed project will be evaluated. The client will provide engineering
drawings for the proposed impact areas to support preparation of the impacts analysis section.
This scope of work includes one round of engineering project design analysis. If additional
rounds of design analysis are necessary, a contract augment will be arranged prior to completing
the work. Dudek will recommend specific avoidance, minimization, and mitigation measures for
impacts identified that reduce impacts to a level below significance, if possible. Proposed
mitigation requirements for potential impacts to sensitive or special-status resources will be
discussed in terms of regional planning, and city, state, and federal laws and guidelines to
comply with all existing biological resource laws, regulations, and court precedent, including
CEQA, MHCP, the Clean Water Act, the Califomia Fish and Game Code, the Endangered
Species Act, and the Migratory Bird Treaty Act (MBTA). Graphics will be prepared to illustrate
the location ofthe site, the existing biological conditions, and the proposed project impacts. All
plant and wildlife species encountered and identified will be recorded to include as an appendix
to the biological resources technical report prepared.
This scope of work includes two Screencheck drafts of the report. The first Screencheck draft
will consist more of a consfraints-level report with all sections prepared with the exception ofthe
direct impacts and mitigation discussion, which will be incorporated into the report once the City
has selected a preferred design and provided the CADD files of the design to Dudek. The first
Screencheck draft will be prepared and submitted to the City, project engineer, and other relevant
members of the project team elecfronically (MS Word and PDF formats) for their review and
414000-30010
QUDEK 4 February2014
Ms. Sherri Howard
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain Replacement
Project, City of Carlsbad, California
comment prior to preparation of a final draft that will be provided to the City for their review.
Two rounds of response to City comments on the draft BTR is included in this scope of work.
Dudek will provide up to five hard copies of the final draft report, including maps and figures.
Cost Estimate $12,000.00
Task 3 Project Management, Meetings, and Coordination
Under this task, Dudek will coordinate with lead staff on project updates including resuhs ofthe
field evaluation; special-status species recorded; the population size and location; data finalized;
and reporting progress. Dudek staff will also be available for up to two project meetings with the
City, the City's project engineer, and other relevant team members during the project design
process to discuss project altematives that may avoid and/or minimize impacts to sensitive
biological resources. It is anticipated that Dudek Project Manager Tricia Wotipka will attend the
meetings and that each meeting will last no more than one hour plus travel time to and from
Encinitas. Meeting attendance includes preparation for the meetings and preparation of follow-
up meeting minutes, if requested by the City.
This task also involves up to three hours of GIS analysis, if needed, to ran impact assessments on
up to two design altematives for the project.
Cost Estimate $2,100.00
Task 4 Focused California Gnatcatcher Survey (Optional)
Dudek will conduct focused surveys for the Califomia gnatcatcher {Polioptila californica
californica), a federally threatened species, in areas supporting suitable habitat within the project
study area and adjacent areas. The project study area is located within the HMP Preserve and
supports contiguous coastal sage scrab on the north side of the canyon and sparse coastal sage
scrub on the south side, closer to the project footprint. The surveys will be conducted during the
breeding season for this bird species according to USFWS survey protocols.
Dudek biologists holding federal permits to conduct gnatcatcher surveys will perform these
surveys according to the guidelines adopted by the USFWS. The USFWS guidelines specify that
for areas under Natural Communities Conservation Planning (NCCP) program jurisdiction, each
area potentially supporting gnatcatchers be surveyed a minimum of three times at a minimum
interval of 7 days, between February 15 and August 30, to obtain an adequate accuracy of
counts. Because the City is a NCCP-enroUed public agency and has an approved HMP under the
MHCP, the 3-visit survey protocol will be permitted. As specified in the USFWS guidelines,
Dudek will not conduct surveys when the air temperatures are below 55°F or above 95°F, or if
414000-30010
PUDEK 5 February 2014
Ms. Sherri Howard
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain Replacement
Project, City of Carlsbad, California
winds are sfronger than 15 miles per hour, as bird activity (and consequently, detectability)
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. The locations of
any observed gnatcatchers will be mapped on the aerial photograph overlaid onto topographic
mapping and then digitized using ArcGIS.
A focused survey letter report documenting the methods and results of this survey will be
prepared in accordance with USFWS reporting requirements within 45 days following the date
ofthe last survey.
Cost Estimate $2,350.00
SCOPE OF WORK EXCLUSIONS
The following services are currently not included in this cost proposal. However, we would be
happy to provide these services for an additional fee if so desired by the City.
• Focused rare plant surveys
• Focused wildlife surveys (with the exception of Califomia gnatcatcher, an optional task)
• General mapping and reconnaissance beyond the two-acre study area
• Preparation of a biological resources letter report
• Preparation of and procuring resource agency permits
• Attendance at meetings beyond what is specified
DIRECT COSTS
A total of $150.00 has been reserved for direct costs associated with preparation ofthe BTR and
preparation for and attendance at up to two project meetings. Direct costs include deliveries,
photocopies, mileage, and GPS unit rental. Direct costs are billed at cost plus 15%.
Dudek will complete Tasks 1 through 3 outlined above, including direct costs, on a time-and-
materials basis in an amount not to exceed $16,250.00. These costs are based on the Dudek 2014
Standard Schedule of Charges, a copy of which is attached for your records. If the optional task
414000-30010
DUDEK 6 Febmary 2014
Ms. Sherri Howard
Subject: Proposal to Provide Biological Services for the La Gran Via Storm Drain Replacement
Project, City of Carlsbad, California
is included, an additional $50.00 in direct costs will be reserved for a contract total of
$18,650.00.
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.
Dudek appreciates the opportunity to provide a proposal on this important project and we look
forward to working with you on this venture. If you have any questions or require additional
information, please do not hesitate to contact me at 760.479.4295 or twotipka@dudek.com.
Very truly yours.
Tricia Wotipka
Senior Biologist/Project Manager
att: Dudek 2014 Schedule of Charges
414000-30010
DUDEK 7 February 2014
DUDEK
2014 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director $250.00/h
Principal Engineer III $220.00/h
Principal Engineer II $210.00/h
Principal Engineer I $200.00/h
Program Manager $200.00/h
Senior Project Manager $190.00/h
Project Manager $185.00/h
Senior Engineer III $180.00/h
Senior Engineer II $170.00/h
Senior Engineer I $160.00/h
Project Engineer IV/Technician IV $150.00/h
Project Engineer Ill/Technician III $135.00/h
Project Engineer ll/Technician II $120.00/h
Project Engineer I/Technician I $105.00/h
Project Coordinator $85.00/h
Engineering Assistant $75.00/h
ENVIRONMENTAL SERVICES
Principal $225.00/hi
Senior Project Manager/Specialist II $210.00/hi
Senior Project Manager/Specialist I $200.00/h
Environmental Specialist/Planner VI $180.00/h
Environmental Specialist/Planner V $160.00/h
Environmental Specialist/Planner IV $150.00/h
Environmental Specialist/Planner III $140.00/h
Environmental Specialist/Planner II $130.00/h
Environmental Specialist/Planner I $120.00/h
Analyst $100.00/hi
Planning Research Assistant $80.00/hi
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner II $210.00/h
Senior Project Manager/Coastal Planner I $200.00/h
Environmental Specialist/Coastal Planner VI $190.00/h
Environmental Specialist/Coastal Planner V $170.00/h
Environmental Specialist/Coastal Planner IV $160.00/ti
Environmental Specialist/Coastal Planner III $150.00/h
Environmental Specialist/Coastal Planner II $140.00/h
Environmental Specialist/Coastal Planner I $130.00/h
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Arctiaeologist 11 $210.00/h
Senior Project Manager/Archaeologist I $200.00/h
Environmental Specialist/Archaeologist VI $180.00/ti
Environmental Specialist/Archaeologist V $160.00/h
Environmental Specialist/Archaeologist IV $150.00/ti
Environmental Specialist/Archaeologist III $140.00/h
Environmental Specialist/Archaeologist II $130.00/h
Environmental Specialist/Arctiaeologist I $120.00/h
Arctiaeologist Technician II $70.00/h
Archaeologist Technician I $50.00/h
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager $195.00/hi
Senior Construction Manager $180.00/h
Senior Project Manager $160.00/h
Construction Manager $150.00/h
Project Manager $140.00/h
Resident Engineer $140.00/h
Construction Engineer $135.00/h
On-site Owner's Representative $130.00/h
Construction Inspector III $125.00/h
Construction Inspector II $115.00/h
Construction Inspector! $105.00/h
Prevailing Wage Inspector $135.00/h
COMPLIANCE SERVICES
Compliance Director $200.00/hr
Compliance Manager $140.00/hr
Compliance Project Coordinator $100.00/hr
Compliance Monitor $90.00/hr
HYDROGEOLOGICAL SERVICES
Principal $235.00/hr
Sr. Hydrogeologist Ill/Engineer III $200.00/hr
Sr. Hydrogeologist ll/Engineer II $180.00/hr
Sr. Hydrogeologist I/Engineer I $165.00/hr
Hydrogeologist V/Engineer V $150.00/hr
Hydrogeologist IV/Engineer IV $130.00/hr
Hydrogeologist Ill/Engineer III $120.00/hr
Hydrogeologist ll/Engineer II $110.00/hr
Hydrogeologist I/Engineer I $100.00/hr
Technician $100.00/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 Dratter $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.OO/hr
Publications Assistant III $1 OO.OO/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 nonnal 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 equipmenl, special
reproductions and blueprinting, outside data processing and computer services, etc., are
charged at 1.15 times the direct cost.
Travel Expenses - Mileage at current IRS allowable rates. Per diem where ovemight stay is involved is charged at cost
lnvoiees,Late Charges. - All fees vnll 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.
Annual Increases - Unless identified othenMse, these standard rates will Increase 3% annually.
DUDEK Effective January 1, 2014