HomeMy WebLinkAboutDudek; 2015-08-04; TRAN1249TRAN1249
AMENDMENT NO. 1 TO AGREEMENT FOR ENVIRONMENTAL SERVICES
DUDEK
This Amendment No.1 is entered into and effective as of the t>[ "5t day of 't\""~ · , 2016, amending the agreement dated August 4, 2015 (the
"Agreement") by ad between the City of Carlsbad, a municipal corporation, ("City"), and DUDEK,
a California corporation, ("Contractor") (collectively, the "Parties") for environmental services for
the Buena Vista Creek Channel Maintenance Assessment District.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the fee
$5,000 to cover additional tasks and studies required by the resource agencies in support of the
resource agency permits and compliance with the Carlsbad Habitat Management Plan; and
B. 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 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 August 4, 2016.
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.
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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
toude~
frank Dude~
(print name/title) Pre~rad~nt
By: ~~ s \'(',\\p
(sign here}
June Gollirns
(print name/ti,retm V
1 udek
CITY OF CARLSBAD, a municipal
corporation of the State of California
ublic Work Director
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
,· , ..... ·--<
BY: _..;;u=/;..w;;:;.·~-~-'Y_.=;_:~-~-~,e:.;;;;..· :::C:.;;..·~_,,~· -=---
Deputy City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Provide additional studies and continued coordination with the Resource Agencies for permit
compliance and compliance with the Carlsbad Habitat Management Plan for an additional fee not
to exceed $5,000 for a total Contract Fee of $10,000.
The additional tasks include protocol surveys for Light-footed Ridgway Rail, revision of project
exhibits to incorporate modifications for the maintenance activities to address the presence of
breeding pairs of the federally listed endangered species, participate in discussions with the
resource agencies and City staff, advise the City regarding the continued maintenance activities
and protection of endangered species and other tasks in support of permit compliance.
City Attorney Approved Version # 05.22.01
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AGREEMENT FOR ENVIRONMENTAL SERVICES
DUDEK
RECITALS
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City requires the professional services of a firm that is experienced in environmental
permitting. 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:
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 period of one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be five thousand dollars ($5,000) based
on time and materials per the attached rate schedule. 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.
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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 Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, 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. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. 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, 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 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.
11. 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
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be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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
By:
?-11-16
Frank Dudek / President
(print name/title)
By: / ~~ --t.\'1.\-'$
(sign here)
June Collins/ Secretary
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
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
By:_nQ ............... L....-....._~--
Assistant Ci~y
City Attorney Approved Version 4/1 /15
3
DUDEK
July 13, 2015
Sherri Howard
City of Carlsbad
MAIN OFFICE
605 THIRD STREET
ENCINITAS. CALIFORNIA 92024
T 760.942.5 47 T 800 450 1818 F 760.632 0, 64
Public Works-Engineering
1635 Faraday Avenue
Carlsbad, California 92008
Subject: Buena Vista Creek Channel Maintenance Project, City of
Carlsbad, California
Dear Ms. Howard:
Exhibit "A"
7177
Thank you for reviewing the following scope of work and cost estimate for environmental services.
The proposed scope of work is provided for your review and consideration. Dudek understands that
the City of Carlsbad (City) would like Dudek to attend various meetings and provided as-needed
environmental support for the Buena Vista Creek Channel Maintenance Project.
SCOPE OF WORK
Miscellaneous Project Support Tasks
This task includes $5,000.00 to support the project team with as-needed tasks. Dudek will
request authorization to proceed on each task prior to commencing work associated with this as-
needed project support task.
SUMMARY
The estimated cost for task is $5,000.00. Please feel free to call me at 760.479.4281 if you have
any questions.
Sincerely,
~f~
Project Manager
DUDEK
2015 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director............ ................. . .......... $255.00/hr
Principal Engineer 111............................... . ............ $225.00/hr
Principal Engineer II ......................................... . ........... $215.00/hr
Principal Engineer I .................................................... $205.00/hr
Program Manager .............................................................. $205.00/hr
Senior Project Manager................... . ................................ $195.00/hr
Project Manager. ............................ . ........................... $190.00/hr
Senior Engineer 111. ......•...•..........•...•.....•..•...•••••.•••.•..•......... $185.00/hr
Senior Engineer II .............................................................. $175.00/hr
Senior Engineer I ................................................................ $165.00/hr
Project Engineer IV/Technician IV ........................................ $155.00/hr
Project Engineer Ill/Technician Ill ......................................... $140.00/hr
Project Engineer II/Technician II ........................................... $125.00/hr
Project Engineer I/Technician 1 ...•.......•......•.........•......•......... $110.00/hr
Project Coordinator. ................................................................ $85.00/hr
Engineering Assistant ........................................ $75.00/hr
ENVIRONMENTAL SERVICES
Principal ............................................................................... $235.00/hr
Senior Project Manager/Specialist II ..................................... $220.00/hr
Senior Project Manager/Specialist 1 ...........•......•......•............ $210.00/hr
Environmental Specialist/Planner VI ..................................... $190.00/hr
Environmental Specialist/Planner V ...................................... $170.00/hr
Environmental Specialist/Planner IV ..................................... $160.00/hr
Environmental Specialist/Planner Ill ..................................... $150.00/hr
Environmental Specialist/Planner II ...................................... $130.00/hr
Environmental Specialist/Planner I ....................................... $120.00/hr
Analyst 111 ......................................................•..•......•............ $110.00/hr
Analyst II .............................................................................. $100.00/hr
Analyst I ............................................................................... $90.00/hr
Planning Assistant II ............................................................... $80.00/hr
Planning Assistant I ................................................................ $70.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner II ......................... $215.00/hr
Senior Project Manager/Coastal Planner I ............................ $205.00/hr
Environmental Specialist/Coastal Planner VI ........................ $195.00/hr
Environmental Specialist/Coastal Planner V ......................... $175.00/hr
Environmental Specialist/Coastal Planner IV ........................ $165.00/hr
Environmental Specialist/Coastal Planner Ill ........................ $155.00/hr
Environmental Specialist/Coastal Planner II ......................... $145.00/hr
Environmental Specialist/Coastal Planner I .......................... $135.00/hr
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Archaeologist 11 •...•....••••..•.•.•..•........ $210.00/hr
Senior Project Manager/Archaeologist 1. ............•..•...•..•........ $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 Ill ............................ $140.00/hr
Environmental Specialist/Archaeologist II ............................. $130.00/hr
Environmental Specialist/Archaeologist I .............................. $120.00/hr
Environmental Specialist/Paleontologist Ill ........................... $160.00/hr
Environmental Specialist/Paleontologist II ............................ $140.00/hr
Environmental Specialist/Paleontologist I ............................. $120.00/hr
Paleontological Technician 111 .......................•...•..••......•.......... $80.00/hr
Paleontological Technician II .................................................. $70.00/hr
Paleontological Technician 1 ........•...•..•...•......•..•••••••.•.••...•...••• $50.00/hr
Archaeologist Technician 11 .....•.•......•...•..•••..••••..••.•..••..•...••••••• $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 lll ...................................................... $125.00/hr
Construction Inspector II ....................................................... $115.00/hr
Construction Inspector 1 ....•......•......•...•..•...•......•..•...•....•.•••.•• $105.00/hr
Prevailing Wage Inspector .................................................... $135.00/hr
DUDEK
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 IV/Engineer IV ....................................... $215.00/hr
Sr. Hydrogeologist Ill/Engineer 111. ...........•..........•...•...•..••..... $200.00/hr
Sr. Hydrogeologist II/Engineer 11 .......•.................•.......•......... $180.00/hr
Sr. Hydrogeologist I/Engineer 1. ........•...•..•...•......•...•...•......... $165.00/hr
Hydrogeologist VI/Engineer VI ............................................ $150.00/hr
Hydrogeologist V/Engineer V ..... . ........................... $140.00/hr
Hydrogeologist IV/Engineer IV ............................................. $130.00/hr
Hydrogeologist Ill/Engineer 111 .....•...•...•..........•...•...•........... $120.00/hr
Hydrogeologist II/Engineer II ................................................ $110.00/hr
Hydrogeologist I/Engineer 1 ...........•...•...•.....••...•..•••.........••... $100.00/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 Ill 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 ................................................................... $140.00/hr
Designer .............................................................................. $130.00/hr
Assistant Designer ............................................................... $125.00/hr
GIS Specialist IV .................................................................. $150.00/hr
GIS Specialist Ill .................................................................. $140.00/hr
GIS Specialist II ................................ . ............. $130.00/hr
GIS Specialist 1 ••...••...................•...•......•...•......•...•......•......•• $120.00/hr
GADD Operator 111 .......•...•..............•...•..•......•...•...•...•........... $120.00/hr
GADD Operator II ................................................................. $115.00/hr
GADD Operator 1 .........•...•...•...•..•...•...•.........•...•..•...•...•........ $100.00/hr
GADD Drafter ......................................................................... $90.00/hr
GADD Technician .................................................................. $80.00/hr
SUPPORT SERVICES
Technical Editor 111 ..........................•...•..•......•...•......•...•........ $140.00/hr
Technical Editor 11 ...................•...•...•...•..•..•...•...•..•................ $125.00/hr
Technical Editor I ................................................................. $110.00/hr
Publications Specialist Ill .. ............................. . ...... $100.00/hr
Publications Specialist 11 ...... . ..•.............•.................. $90.00/hr
Publications Specialist I. ......................................................... $80.00/hr
Clerical Administration II ........................................................ $80.00/hr
Clerical Administration 1. ......................................................... $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 current IRS allowable rates. 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.
Annual Increases -Unless identified otherwise, these standard rates will increase
3%annually.
Effective January 1, 2015