HomeMy WebLinkAboutDUDEK; 2015-09-03; TRAN1275TRAN 1275
AGREEMENT FOR ENVIRONMENTAL SERVICES
DUDEK
EEMENT is made and entered into as of the ^ day of
'/^ , 2015, by and between the CITY OF CARLSBAD, a municipal
), and DUDEK, a California corporation, ("Contractor").
RECITALS
City requires the professional services of a firm that is experienced in grant writing.
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 eight thousand five hundred twelve
dollars ($8,512). 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 eariy termination ofthis Agreement.
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
City Attorney Approved Version 4/1/15
TRAN 1275
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-:VH";
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 othenwise 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 avaiiabie 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 Cierk 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.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and wiil 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 jurisdiction is grounds for the City of Carisbad 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
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
City Attorney Approved Version 4/1/15
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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:
^ (sign here)
Frank Dudek / Pre&iden\|[j{^Q Qdlfins
CITY OF CARLSBAD, a municipal
corporation of the State of California
Patrick A. Thom blic Works Director
(print name/titl^ecutiygyjjjgpjggjjgj^
)udek
DUDEK
^^:^'n".i^^y^^ W. Carter (pnntname/titgj^l^^pj^^^^.^,^^^.^^^
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 Attorney
City Attorney Approved Version 4/1/15
DUDEK
£.05 IHiRD STREET
ENCINITAS. CAUFORNIA 92024 „
T 7*0.942,5147 T 800.4S0. i3 !8 F 760.«32.0I 64 EXhlOit A
August 19, 2015 30310-00
Ms. Sherri Howard
CityofCarlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Grant Application Proposal for Mosquito Abatement at Lalte Calavera
Preserve, Carlsbad, California
Dear Sherri:
In accordance with the request of the City of Carlsbad (City), Dudek submits this proposal to
compose a grant application for a mosquito abatement implementation project (Project) at the
Lake Calavera Preserve (Preserve). This proposal is to complete an application for the state of
Califomia's Watershed Restoration Grant Program, funded by the Water Quality, Supply, and
Infrastructure Improvement Act of 2014 (Proposition 1).
Once the application is made available, an option to compose a different grant application for the
County of San Diego Vector Control Program (VCP) may also be pursued by Dudek on behalfof
the City under an amended contract.
UNDERSTANDING OF THE PROJECT
The Preserve is located within the City of Carlsbad, Califomia. It consists of approximately 262
acres of land that support a diverse assemblage of vegetation communities and plant and wildlife
species (Figure 1). The Preserve is part of Core Area 3 for the City of Carlsbad Habitat
Management Plan (HMP), a Subarea Plan for the Multiple Habitat Conservation Program
(MHCP). The Preserve is surrounded by residential development on the west, north, and east
sides. Within the Preserve, a network of signed, public multi-recreational trails and viewpoints
are maintained. Agricultural land occurs south of the Preserve.
In the past two years, a detention basin designed to capture and drain flows from the neighboring
developments to Lake Calavera has begun sustaining open water year-round which has provided
for mosquito breeding grounds. The water appears to be stagnant from the development of
broad-leaf cattails {Typha latifolia) in the basin and sediment trapping, and consequent clogging
of the drainage channel and pipe culvert draining to Lake Calavera. Based on a site visit
conducted on August 6*, 2015, the drainage channel leading from the detention basin has
WWW.DUCfK COR
Ms. Sherri Howard
Subject: Grant Application Proposal for Mosquito Abatement at Lake Calavera Preserve,
Carlsbad, California
captured enough sediment to support upland species, and does not appear to be actively draining
the detention basin.
Homeowners and recreationalists that use the trail have cited mosquito problems in and around
the detention basin. Additionally, the County of San Diego has been actively surveying the site
to determine the details of the nuisance, and has urged the City to utilize their Vector Control
Remediation Program to combat the issue.
Mosquito abatement in the detention basin may be accomplished through several methods,
including, but not limited to, removing accumulated sediment and debris, thinning vegetation
and branches to minimize sites mosquitoes can use for refuge, and changing the current pipe
culvert to an arched culvert that would allow for meandering channels and minimize the potential
for sediment and vegetation debris jams and clogging.
On August 6*, 2015, Dudek conducted a site visit with the City of Carlsbad to assess current
conditions of the detention basin. In addition to a site visit, documents reviewed for this proposal
include:
• Califomia Department Fish and Wildlife Proposition 1 Project Solicitation and
Evaluation Guidelines
• Vector Habitat Remediation Program - Program Environmental Impact Report
The following scope of work defines the tasks to be performed by Dudek on behalfofthe City.
30310-00
DUDEK 2 August 2015
Ms. Sherri Howard
Subject: Grant Application Proposal for Mosquito Abatement at Lake Calavera Preserve,
Carlsbad, California
SCOPE OF WORK
Work Item 1: Watershed Restoration Grant Program (Proposition 1)
Proposition 1 provides funding to implement the three broad objectives of the Califomia Water
Action Plan: more reliable water supplies; the restoration of important species and habitat; and a
more resilient, sustainably managed water resources system (water supply, water quality, flood
protection, and environment) that can better withstand inevitable and unforeseen pressures in the
coming decades. Funds granted by the CDFW will primarily focus on addressing the objective of
restoring important species and habitat; however, co-benefits of such actions may contribute
towards attaining other Califomia Water Action Plan objectives.
Implementation grants are the primary focus of the Proposition 1 Restoration Grant Programs.
These grants fund construction of restoration and enhancement projects and new or enhanced
facilities. They are intended to support high priority "shovel ready" projects that have advanced
to the stage where planning, land tenure, and engineering are complete. Provided that CEQA has
been completed, implementation proposals may include final design and permitting as lesser
components. If permits are to be obtained for a proposed project, a complete description of the
permits needed and a timeline for obtaining them shall be included in the application.
Dudek will provide a draft of the completed Proposition 1 Restoration Grant. Dudek assumes
there will be one complete cycle of review: a review and comment by the City of the first draft,
followed by the application of relative comments and edits to the application package by Dudek.
Upon the completion of the final grant application, Dudek will submit the final Proposition 1
Restoration Grant application to the CDFW website.
Work Item 1 Estimated Cost $7,300.00
Work Item 2: Meetings and Project Coordination
Dudek will act as Project Manager and be responsible for coordinating all data and information
gathering from associated contractors, meetings during the contract period, and prepare notes for
review and approval by City staff. In addition to telephone communications, Dudek assumes one
(1) meeting with the City and/or associated contractors onsite to determine the details of the
proposed Project, as presented in the grant application.
Worli Item 2 Estimated Cost $1,200.00
30310-00
DUDEK 3 August 2015
Ms. Sherri Howard
Subject: Grant Application Proposal for Mosquito Abatement at Lake Calavera Preserve,
Carlsbad, California
Optional Work Item 3: San Diego County Vector Remediation Grant Program
The County of San Diego Vector Control Program (VCP) is an existing public health program
that was implemented to monitor and control mosquitoes and other disease-carrying insects and
rodents in San Diego County. Under this Program, accumulated and future funds are being used
to implement mosquito breeding habitat remediation projects throughout San Diego County,
within both developed and natural areas. Within wetlands, a primary goal of the Program is to
eliminate or reduce breeding habitat in a manner that balances the water quality, biologic,
aesthetic, and hydrologic values of wetlands with the need to protect human populations and
animals from mosquito-bome disease.
Direct Projects will generally focus on smaller needs identified by VCP staff during surveillance
or through customer requests. These projects will focus on immediate actions, such as clean-up
of detention basins and maintenance of storm drains and ditches. Currently, the application for
the Direct Project program is being revised by the County. Should the City want to pursue the
grant once the application becomes available, Dudek will provide a contract amendment at that
time to accomplish the completion of the Direct Project application.
COST PROPOSAL
The estimated cost of the scope of work, subject to limitations, as noted above, is $8,512, and
includes direct costs which are estimated to be $12.00. All work will be billed monthly in
accordance with the contract rate schedule on a time and materials basis not-to-exceed the total
Task Order amount.
Dudek is excited to provide a successful grant application package that will ultimately provide
the City with a cost-effective solution to the mosquito nuisance affecting the Preserve. Please
contact me at 760.479.4290 or via email at jtimberlake@dudek.com if you have any questions
regarding this proposal.
Sincerely,
Jayme Timberlake
Habitat Restoration Specialist/ Biologist
30310-00
DUDEK 4 August 2015
DUDEK
2015 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Pn^ect Director. $255.00/hr
Prtncipal Engineer III...... $225.00/hr
Principal Engineer II $21&00/hr
Principal Engineer I $20500/hr
Program Manager $205.00/hr
Senior Project Manager $195.00/tr
Pr«^oct Manager $190.00/l¥
Senior Engineer ill $185.00/hr
Senior Engineer il $17a0O/hr
Senior Engineer 1 .- $165.00/hr
Project Engineer IV/Tectinician iV $155i 00/hr
Prqect Engineer lii/Technlcian iil $14a00/hr
Project Engineer li/Technidan ii $125.00/hr
Project Engineer i/Techniclan I $110.00/hr
Project Coordinator.,. $85.00/hr
Engineenng As^stant $75.00/hr
ENVIRONIVIENTAL SERVICES
PHndpai. $235.00/hr
Senior Project Manager/Specialist II. ......„...„., $22a00/hr
Senior PK^ Manager/Spedaflst I...,. $2ia00/hr
Environmental Spedalist/Planner VI $190.00/hr
Environmental Speclalst/Pianner V $170.00/hr
Enyironmental Spedalist/Planner IV $16a00/hr
Environmental Spedalist/Planner Ili $150.00/hr
Environmenlai Spedalist/Planner II $l30.00/hr
Environmental Spedalist/Planner I $120.00/hr
Analyst lii $110.00/hr
Analyst II , $100.00/hr
Analyst 1 $90.00/hr
Planning Assistant II $80.00/hr
Planrtng Assistant I $70.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Preject Manager/Coastal Planner II $216.00/hr
Senior Prefect Manager/Coastal Planner I $2OS.O0/hr
Environmental Spedalist/Coastai Planner VI $195.00/hr
Enyironmental SpedaHst/Coastai PiannerV $175.00/hr
Environmental Spedalist/Coastai Planner IV $165.00/hr
Environmental Spedalist/Coastai Planner Ili $155.00/hr
Environmental Spedalist/Coastai Planner II $145.00/hr
Environmental Spedalist/Coastai Planner i $135.00/hr
ARCHAEOLOGICAL SERVICES
SerMor Project Manager/Archaeologist II $210.00/hr
Senior Prc^ Manager/Archaeologist I $200.00/hr
Environmental Spedallst/Z^rohaeol^st VI $180.00/hr
Environmental sjjedanst/Archaeologist V. $160.00/hr
Environmental Spedalist/Archaeologlst IV $150.00/hr
Environmental Speddist/Archaeologist ili $140.00/hr
Environmental Spedalist/Arohaeologist 11 $130.00/hr
Environmental Spedalist/Arehaeoioglst 1 $120.00/hr
Environmental SpedaBst/Paieontologlst Ili $160.00/hr
Environmental Spedalist/Paieontologist li $l40.00/hr
Environmental Spedarist/Paieontolo08t 1 $12a00/hr
Paleontological Technidan III,. $80.00/hr
Paleontological Technidan 11 $70.00/hr
Paieontolo^cai Technidan L... $50.00/hr
/Archaeologist Technidan il , $70,00/hr
/Vrehaeologist Technidan I $50.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Prindpai/Manager $195.00/hr
Senior Constmcfion Manager $180.00/hr
Senior Project Manager $160.00/hr
Construciion Manager .....$150.00/hr
Project Manager , $140.00/hr
Resident Engneer ..$140.00/hr
Construcfion Engineer.... , — ...$135.00/hr
On-site Owner's Representalive $13a00/hr
Constnjction Inspector lil $125.00/hr
Constnjcfion Inspector 11. $115.00/hr
Construcfion Inspector l.„.... $105.00/hr
Prevailing Wage Inspector ... .... .. $135.00/hr
COMPLIANCE SERVICES
Complance Director. $200.00/hr
Complance Manager $140.00mr
Complance Projecl Coordinator. $100.00mr
Compliance Monitor $90.00/hr
HYDROGEOLOGICAL SERVICES
Prindpal $235.00/hr
Sr. Hydrogeologist IV/Engineer IV $215.00/hr
Sr. Hydrogeologist lil/Engjineer lii S20a00/hr
Sr. Hydrogeologist ll/Engineer 11 $180,00/hr
Sr. Hydrogeologist I/Engineer I $165,00/hr
Hydrogeologist VI/Engineer VI $150.00/hr
Hydrogedoglsl V/Engineer V $140.00/hr
Hydrogeologist IV/Engineer IV , $130,00/hr
Hydrogedogist lll/En^neer ili $12a 00/hr
Hydrogedogist ll/Engineer 11 $110.00/1^
Hydrogedogist I/Engineer I $100.00/hr
Technidan -. $95.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager.,... $175.00/hr
Dlstrtct Engineer $160,00/hr
Operafions Manager $150.00/hr
Dlstrtct Secretary/Accountant , $85.00/hr
CdiecBons System Manager $95.00/hr
Grade V Operator $100.00/hr
Grade IV Operator..... $85.00mr
Grade III Operator $80.00/hr
Grade II Operator $6a00/hr
Grade I Operator , $55.00/hr
Operator In Training $40,00/hr
ColecBon Maintenance Woriter il... $65.00Air
Collecfion Maintenance Wort<er I.... , $40.00/hr
OFFICE SERVICES
Tectinical/Drafling/CADD Services
3D Graphic Ar«st $150.00/hr
Senior Designer $140.00/hr
Designer $130.00/hr
/Assistant Designer $125.00/hr
GIS Spedalist IV $150.00/hr
GIS Spedalist Ili $140.00/hr
GIS Spedalist II $130.00flir
GIS Spedalist I $120.00/hr
CADD operator ili , $120.00/hr
CADD Operator 11 $115.00/hr
CPJOD Operator 1 $100.00mr
CADD Drafter $90.00/hr
CADD Technidan $80.00/hr
SUPPORT SERVICES
Technical Editor III , $140.00/hr
Technicai Editor II $125.00/hr
Technicai Editor I $110.00/hr
Putjicafions SpedaSst lil $100.00/hr
PutiTicaBons SpedaTist 11 $9a00/hr
Pulilicalons Sf)edaA8t i $80.00/hr
Clerical AdmlnistraBon IL $80.00/hr
ClBrtcai Administration I..... $75.00/hr
ForamIe EnglnMring - Coiit appearance^ depoMDont, and Interrogalartes as expert witness will be Ulled at 2.00 Hmes nonnal rales.
Emergency and Holidays - Minimum charge of two hours wtti be blled at 1 75 times the nonnal rate.
Material and Outside Servleea - Subcontractors, rental of spedal equipmeni, «pe<^al reproductions and blueprinting, outside data processing and computer
servloes, etc., are charged at 1.15 times the direct coat.
Travel Expansaa - Mileage at currerfl IRS allowable rates. Per diem where ovemlghl stay is Involved ts charged at cost
lnvelcas,Lata Charges. - All fees MH be billed to Client monthly and shal! be due and payable upon receipt invoices ars deKnquenl if not paid within INity (30) days
from the date of the invoice Client agrees to pay a monthly late charge equal lo one percent (1%) per month of the outstanding baiance until paid in full
Annual kioMsss - Uniess idenMed odieraise, twse standard rates vMI tnoease 311 annually
DUDEK EffeoHve January 1,2015
Kathy Hamilton
From: Kathy Hamilton
Sent: Tuesday, September 15, 2015 11:22 AM
To: 'rbergholz@dudek.com'
Cc: Shelley Collins; Donna Heraty
Subject: REQUIRED CONFUCT OF INTEREST
Russ,
You are receiving this email because your company has a consultant agreement with the City of Carisbad. The signatory
on the contract is June Collins. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement
disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated
in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest
Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office.
To file the Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code - Resolution No. 2012-114 (below), the employee(s) of your
company that work directly with citv staff are required to complete the Statement of Economic Interest Form
(Form 700). Consultants are required to claim -
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is September 3, 2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. OCTOBER 5. 2015.
Mailing Address: Citv Clerk's Office, 1200 Carisbad Village Drive, Carisbad, CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents you mav use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
• Resolution Nos. 2012-114 and 2013-237
in addition, when your contract with the City of Carisbad is completed, the employee(s) that filed the Assuming Office
statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the
contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following
completion ofthe agreement.
"^^Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772).
Sincerely,
^City of
Carlsbad
Shelley Collins, CMC
Assistant City Clerk
City of Carisbad
1200 Carisbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-2917 | shellev.collins(5)carisbadca.gov
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