Loading...
HomeMy WebLinkAbout2002-06-18; City Council; 16792; Rancho Santa Fe Road Wetlands MitigationCITY OF CARLSBAD -AGENDA BILL ,B# 16,792 CITY ATTY. REVEGETATION CONSTRUCTION PLANS AND ITG. 611 8/02 DEPT. l%?,'6fl TITLE_: APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF )EPT. ENG WETLANDS MITIGATION WITH DUDEK & ASSOCIATES IClM MGR. MONITORING FOR RANCHO SANTA FE ROAD RECOMMENDED ACTION: Adopt Resolution No. 2002-175 preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road wetlands approving an agreement for professional services for mitigation with Dudek &Associates, Project No. 3190. ITEM EXPLANATION: Dudek 8 Associates has been under contract for work on the environmental documents for the Rancho Santa Fe Road bridge replacement and realignment and widening project. Included in this work was the preparation of a concept wetlands mitigation restoration plan. Resource Agencies required the wetlands mitigation for the impacts resulting from the new bridges over San Marcos Creek to be accomplished within San Marcos Creek. The concept wetlands mitigation plan for the Rancho Santa Fe Road project was combined with the wetlands mitigations proposed for the University Commons Project in the City of San Marcos. This mitigation area is Associates is also preparing the wetland mitigation restoration plans for the University Commons located about 0.5 miles upstream or east of the existing bridge over San Marcos Creek. Dudek & Project. Staff desires to have Dudek & Associates complete the final wetlands mitigation restoration construction documents and provide the revegetation monitoring work due to their knowledge of the expertise in the field. project, the integration of the wetlands mitigation restoration plans for both projects, and their FISCAL IMPACT: The estimated cost for this work is $36,500. The Rancho Santa Fe project account has sufficient funds appropriated for this work. ENVIRONMENTAL: The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No. 91-1. The City Council at their meeting on April 25, 2000 passed Resolution No. 2000-128 the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers EXHIBITS: 1. Resolution No. 2002-175 approving an agreement for professional services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road wetlands mitigation with Dudek & Associates, Project No. 3190. 2. Location Map. 3. Agreement for professional services for preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road wetlands mitigation with Dudek & Associates, Project No. 3190. I LOCATION MAP II I i II RESOLUTION NO. 2002--175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING FOR RANCHO SANTA FE ROAD WETLANDS MITIGATION WITH DUDEK &ASSOCIATES, PROJECT NO. 3190. 6 WHEREAS, the City Council of the City of Carlsbad, California, considers it necessary and 7 wetlands mitigation with Dudek &Associates, Project No. 3190; and 9 preparation of revegetation construction plans and monitoring for Rancho Santa Fe Road 8 in the public interest to approve and accept the agreement for professional services for 10 WHEREAS, the contractor, Dudek & Associates, worked on the environmental aspects of 11 the project over the past five years; and 12 WHEREAS the contractor, Dudek & Associates, possesses the necessary skills and 13 qualification to provide the services; and 14 WHEREAS, Resource Agencies require wetlands mitigation for the impacts resulting from 15 San Marcos Creek; and 16 the Rancho Santa Fe Road bridge over the San Marcos Creek in other locations along 17 WHEREAS, the City Engineer has determined that due to the interrelationship of the 18 21 for University Commons, it is prudent to have Dudek & Associates also prepare the wetlands 20 and Dudek &Associates being under contract to prepare the wetlands mitigation restoration plans 19 wetlands mitigation area with the wetlands mitigation area for the University Commons Project, mitigation restoration plans for the road project; and 22 WHEREAS, an agreement has been prepared and submitted hereto. 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 24 California, as follows: 25 1. That the above recitations are true and correct 26 Ill 28 Ill 27 Ill 1 2. That the agreement for professional services for preparation of revegetation 2 construction plans and monitoring for Rancho Santa Fe Road wetlands mitigation with Dudek & 3 Associates, Project No. 3190 is hereby approved and the Mayor is authorized and directed to 4 execute said agreement. 5 3. The City Clerk is authorized and directed to forward copies of the signed 6 Agreement to Dudek &Associates as well as the Engineering Department for processing. 7 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 9 held on the 18th day of JUNE , 2002 by the following vote, to wit: 10 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall 11 12 13 14 15 ATTEST 16 17 &&3y7.- 18 LORRAhQE M. WOOD, City Clerk (SEAL) 3 AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING FOR RANCHO SANTA FE ROAD WETLANDS MITIGATION WITH DUDEK 81 ASSOCIATES THIS AGREEMENT is made and entered into as of the do?& day of TkNE I_ 20 02, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Dudek & Associates, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a Landscape Architect that is experienced in preparation of revegetation construction plans and specifications and monitoring during planting for wetlands mitigation. B. Contractor has the necessary experience in providing professional services and advice related to preparation of revegetation construction plans and specifications and monitoring during planting for wetlands mitigation. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. 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 ieference 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed One Hundred Thousand Dollars ($100,000) 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. 1 City Attorney Approved Version #05.22.01 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 Thirty-Six Thousand Five Hundred dollars ($36,500). 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". 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. 2 City Attorney Approved Version #05.22.01 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 in whole or in part by any willful misconduct or negligent act or omission 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 the Agreement. IO. 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-:V'. 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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 Liability (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. 3 City Attorney Approved Version #05.22.01 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance 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. 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 General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. 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 Providina 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 Coveraae. 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 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. 4 City Attorney Approved Version #05.22.01 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during 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 arise 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 City: For Contractor: Name Carrie Loya-Smalley Name John L. Minchin Title Senior Civil Engineer Title Project Manager City of Carlsbad Engineering Department Dudek & Associates Address 1635 Faraday Avenue Address 605 Third Street Carlsbad, CA 92008 Encinitas, CA 92024 Phone No. (760) 602-2746 Phone No. (760) 942-5147 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. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 5 City Attorney Approved Version #05.22.01 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 that the services 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 otherwise 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 forwarded 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 forwarded 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. 6 City Attorney Approved Version #05.22.01 20. TERMINATION In the event of the Contractor's failure to Drosecute. deliver. or Derform 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 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, this Agreement. For breach or violation of this warranty, City will have the right to annul or any other consideration contingent upon, or resulting from, the award or making of this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise 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 mustbe 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 sea., 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. 7 City Attorney Approved Version #05.22.01 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. Ill Ill Ill Ill 8 City Attorney Approved Version #05.22.01 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 &ASSOCIATES, a California corporation -0 t ATTEST: -DAVE &&i',. h, 5ECiWZF4iZy (print namehtle) 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@) signing,to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 9 City Attorney Approved Version #05.22.01 On 6,!1dmz before me, DATfl personally appeared INAMEISI OF SlGNERlSll dpersonally known to me -OR- 0 asis of satisfactorv roved to me on the OFFICIAL SEAL [ COMM. NO. 1196964 - MY COMM. EXP. SEPT. 27,2002 I SAN DlEGO COUNTY - HENRlEnE M. BURBANK, s NOTARY PUBLIC-CALlFORNlAq es evidence to be the' persowwhose nam IS/^ subscribed to 9 t e wit In Instrument and instrument. ;s my hand and official seal. ISEALI ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. TO THE DOCUMENT Number of Pages 2 Date of Dosumont %. DESCRIBED AT RIGHT Sipnerlrl Omor Than Named Abw WOW RlOHT MUMBFUINT IOptbn.11 CAPACITV CLAIMED BV SIONERISI &ORFURATE OINDIVIDUALISI OPARTNERISI OLlMllED OATTORNEV IN FACT OTRUSTEEISI OGUARDIANICONSERVATOR OOMER: OGENERAL wr .b 'PUP- SIONER IS REPRESENTINO: CAPACITY CLAIMED BY SIONERISI OINOIVIDUALISI DdORPORATE mnm OPARTNERISI OLIMITED OGENERAL OATTORNEV IN FACT OTRUSTEEISI OGUARDIANICONSERVATOR OOTHER: PMlS cfwwaz SIGNER IS REPRESENTINO: INamo of Rrsonld or Entitvlied 9Ul7*4 /+5%9%m IN6 WOLCOTTS fORM (13210 Raw. 3.01 Ipris. d- 8-2Al 01P94 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONllWO FINGERPRINTS Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 4 EXHIBIT A REVISED SCOPE OF WORK FINAL REVEGETATION LANDSCAPE PLANS AND REVEGETATION CONSTRUCTION MONITORING FOR THE RANCHO SANTA FE ROAD WETLAND MITIGATION PROGRAM December 6,2001 DUDEK will prepare one set of final revegetation construction documents (landscape plans and specifications) for both the 3.6 acre offsite wetland mitigatiodrevegetation requirement for the Rancho Santa Fe Road project, and the approximate 4.07 acre wetland mitigatiodrevegetation requirement for the University Commons project. Both projects will be implemented withii the University Commons site along San Marcos Creek. DUDEK will prepare a separate set of revegetation plans for the 0.54 acre onsite wetland restoration requirement at the Rancho Santa Fe Bridge location. The landscape architectural work will include, preparation of conceptual grading designs for the revegetation areas within University Commons (U.C. sites), coordination with the BrooMIeld’s designated engineering consultant to resolve final grading of the U.C. sites, design of final planting and irrigation arrangements and preparation of final revegetation landscape construction documents (i.e. plans and specifications). The final plans will include, planting plans, irrigation plans and associated legendddetails, for both the onsite as well as offsite revegetation areas. DUDEK will not prepare the final grading plans for the grading of the revegetation areas. It is assumed that Brookfield’s designated engineering consultant will be utilized, under separate contract with the City and Brookfield, for preparation of these final grading plans based upon the conceptual grading designs provided by DUDEK. DUDEK will coordinate with the designated engineering consultant as necessary to help finalize the grading designs. The production of the landscape plans will utilize base civil engineering data, including topography and the final grading plans provided by the designated engineering consultant, showing the existing contours and proposed grading for the revegetation areas. DUDEK and the designated engineering consultant shall coordinate with the University Commons project design team to acquire available base information for the University Commons site. As you know, the interface between the Rancho Santa Fe Road and University Commons mitigation projects are important to the overall success of the mitigation effort and the overall enhancement of San Marcos Creek. The landscape plans will be prepared in AutoCAD Release 14 or later format, at a scale compatible with the engineer’s grading plans. The plans will show detailed planting and irrigation layouts and will include necessary legends and construction details. The plans will be utilized for submittal to the California Department of Fish & Game and the U.S Army Corps of Engineers as a follow-up to the permit requirements, and for bidding and construction Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 5 implementation. Ballpark cost estimates, approximating the cost of installation of the revegetation work, will also be prepared for both sites based upon the final plans. Project specifications will be produced in Microsoft Word format, per City standards. DUDEK will also provide revegetation construction monitoring during the installation phase, for both the onsite and offsite areas, to include the following: verification of site preparation procedures field coordination during the gradiig for the revegetation areas verification of the irrigation installations field spotting of the plant materials verification of seeding periodic monitoring visits during the installation and initial 120 day maintenance period to assure compliance with the revegetation construction documents All tasks are further outlined as follows: TASK 1: Construction Document Preparation for Offsite Revegetation Areas Within University Commons, Along San Marcos Creek (Revegetation Landscape Plans) DUDEK will prepare one set of revegetation landscape construction documents (i.e. plans and specifications) for the offsite revegetation areas to be implemented within the University Commons project along San Marcos Creek. It is assumed that the final grading plans, which would be prepared separately by the designated engineering consultant, would be included in the construction document package for bidding and ultimate construction. The landscapelrevegetation construction documents (i.e. plans and specs.) shall be detailed plans sufficient for bidding and construction. The landscape construction documents shall implement the design intent of the original conceptual mitigation plan reports for both projects, and shall incorporate City requested changes as necessary prior to approval of the plans. DUDEK will produce planting plans with site preparation notes, legends, details; irrigation plans, legends, details; and necessary written installation specifications in an assumed 8 %” x 11” booklet format. As part of the irrigation design effort DUDEK will research available water source connections with the local water district and with the project engineer, for appropriate irrigation points of connection for the various revegetation areas within the University Commons project site. DUDEK will also provide general project management and coordination with the City and project consultants under this task, which may include periodic meetings to review the plans and to finalize the revegetation program. It is assumed that the City will negotiate all final arrangements with Brookfield for use of the designated University Commons property to facilitate the City’s offsite mitigation program. A total of four meetings have been budgeted for by DUDEK for coordination with the City, Brookfield and the project consultants. Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 6 DUDEK will provide coordination with the City and project engineer during the preparation of the grading plans for the U.C. revegetation areas. DUDEK will prepare a conceptual grading design which will be forwarded to the City, Brookfield and the project engineer as the basis of design (Le. grading concept) for preparation of the final grading plans for the U.C. revegetation areas. DUDEK also will prepare a construction cost estimate approximating the cost of construction of the offsite and onsite revegetation improvements, based upon the information shown on the final plans, for City review and approval. TASK 2: Construction Document Prepration for Onsite Revegetation Areas at the RSFE Rd. Bridge (Revegetation Landscape Plans) DUDEK will prepare one set of revegetation landscape construction documents (plans and specifications) for the onsite revegetation areas at the RSFE Rd. Bridge. The final grading plans for the bridge would be utilized as the base information for these plans. The landscape plans shall be detailed plans sufficient for bidding and construction. The landscape construction documents shall implement the design intent of the original conceptual mitigation plan report, and shall incorporate City requested changes as necessary prior to approval of the plans. DUDEK will produce planting plans with site preparation notes, legends, details; irrigation plans, legends, details; and necessary written installation specifications in an assumed 8 %” x 11” booklet format. As part of the irrigation design effort DUDEK will research available water source connections with the local water district and with the project engineer, for appropriate irrigation points of connection for the restoratiodrevegetation area at the onsite Rancho Santa Fe Bridge location. DUDEK will also provide general project management and coordination with the City and their designated project consultants under this task, which may include periodic meetings to review the plans and to finalize the restoratiodrevegetation program, A total of two meetings have been budgeted for by DUDEK for coordination with the City and the project consultants. DUDEK also will prepare a construction cost estimate approximating the cost of construction of the onsite revegetation improvements, based upon the information shown on the final plans, for City review and approval. TASK 3: Revegetation Construction Monitoring Offsite Area at University Commons (Installation and 120 Day Maintenance Period) DUDEK will conduct revegetation construction monitoring during the landscape installation of the offsite revegetation areas, within University Commons along San Marcos Creek, and during the initial 120-day maintenance period, to assure compliance with the intended revegetation Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6,2001) page 7 program and the final revegetation construction documents. This work shall include coordination of plant material and seed availability and periodic monitoring of the installation including: City kick-off site meeting, verification of site preparation and grading, irrigation, planting, seeding and 120 day maintenance work. This work will include periodic monitoring visits during construction and then monthly monitoring visits during the initial 12Oday maintenance and establishment period. Monitoring reports will be provided for major milestone site visits and to address punch list items needing correction and/or completion. A fmal report will be prepared at successful completion of the revegetation installation and the 120-day maintenance period, to acknowledge completion of the installation phase and initiation of the long-term biological monitoring period. As part of this scope of work, DUDEK will assist the City with the procurement of plant materials, however, it is assumed that the City or designated landscape contractor will pay all required deposits and will purchase the plants directly under a contract growing agreement with a selected native plant nursery. One nursery site visit has been budgeted for. In addition, DUDEK assumes that the City and/or Brookfield through a mutual agreement will hire a separate landscape contractor who will complete all site preparation and revegetatiodlandscape work at the revegetation site. The contractor shall conduct all grading, complete site preparation and soil preparation procedures, install all irrigation systems, take delivery of the plants, install all plant materials and seed, and maintain the project for an initial 120 day maintenance period. TASK 4 Revegetation Construction Monitoring Onsite Area RSFE Rd. Bridge (Installation and 120-Day Maintenance Period) DUDEK will conduct revegetation construction monitoring during the landscape installation of the onsite revegetation areas, at the Rancho Santa Fe Road Bridge, and during the initial 120-day maintenance period, to assure compliance with the intended restoratiodrevegetation program and the final revegetation construction documents. This work shall include coordination of plant material and seed availability and periodic monitoring of the installation including: City kick-off site meeting, verification of site preparation and grading, irrigation, planting, seeding and 120 day maintenance work. This work will include periodic monitoring visits during construction and then monthly monitoring visits during the initial 12Oday maintenance and establishment period. Monitoring reports will be provided for major milestone site visits and to address punch list items needing correction or completion. A final report will be prepared at successful completion of the revegetation installation and the 120day maintenance period, to acknowledge completion of the installation phase and initiation of the long-term biological monitoring period. As part of this scope of work, DUDEK will assist the City with arrangements for the contract growing of container plant materials for the project. It is assumed that the City or their designated landscape contractor will pay all required deposits and will purchase the plants directly under a contract growing agreement with a selected native plant nursery. DUDEK has only been budgeted for nursery coordination. It is assumed that plants would have been Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2M)l) page 8 inspected during the previous nursery visit budgeted for under Task 3 above. In addition, DUDEK assumes that the City will hire a separate landscape contractor, who will complete all site preparation and any final grading work at the RSFE Rd. Bridge revegetation site. The contractor shall also install all irrigation systems, take delivery of the plants, install all plant materials and seed, and maintain the project for an initial 12O-day maintenance period. Additional Service: Long Term 5-Year Biological Monitoring (Five Year Maintenancehlonitoring Period) The scope of work for conducting the long-term biological monitoring period for both the onsite, as well as offsite, mitigation areas would be provided at a later date. It is assumed that a combined mitigation and monitoring program would be worked out, in order to combine the monitoring and reporting requirements for both mitigation areas. Long term 5-year biological monitoring is not included in this current scope of work, and would be considered an additional service to this contract, to be negotiated with the City and authorized at a later date. Rancho Santa Fe Road Mitigation, Landscape Architecture and Revegetation Construction Monitoring Modified Proposal (Dec. 6, 2001) page 9 EXHIBIT B REVISED COST ESTIMATE FINAL REVEGETATION LANDSCAPE PLANS AND REVEGETATION CONSTRUCTION MONITORING FOR THE RANCHO SANTA FE ROAD WETLAND MITIGATION PROGRAM December 6.2001 TASK 1: Research and Preparation of Construction Documents for Offsite Reveg. Areas At University Commons (Planting & Irrigation Plans, Includes Ball Park Cost Estimate) $12,500.00 TASK 2: Research and Preparation of Construction Documents for Onsite Reveg. Areas At Rancho Santa Fe Rd. (Planting & Irrigation Plans, Includes Ball Park Cost Estimate) $7,500.00 TASK 3: Construction Monitoring for Offsite Revegetation Areas at University Commons (Installation & 120 Day Period) $8,000.00 TASK 4 Construction Monitoring Onsite Revegetation Areas at the RSFE Rd. Bridge (Installation & 120 Day Period) $7,000.00 Subtotal Design and Installation Phase: $35,000.00 ADDITIONAL SERVICE Long-Term 5-Year Biological Monitoring (Cost To Be Provided at a Later Date, Not Included At This Time) DIRECT COSTS (Tasks 1-4 only) $1,500.00 Direct costs for the proposed scope of work (Tasks I-4), such as mileage for site visits, photo developing, blueprinting and reprographics, delivery costs, and other miscellaneous direct costs are estimated to be $1,500.00. This has been calculated using a 15% mark-up of actual costs. DUDEKS direct costs do not include the cost of construction or maintenance materials, which would be included as part of the separate landscape contractors installation contract costs solicited separately by the City. Total Estimated Fees (Tasks 1-4 and Direct Costs) $36,500.00 All fees will be invoiced on a time and materials basis according to the DUDEK'S Standard 2001 Schedule of Charges, up to a not to exceed total for this phase of the work of $36,500.00. This total for this phase of the work would not be exceeded without Client approval. ENGINEERING SERVICES Principal Engineer .............................................. $140.00/hr Project Manager ................................................. $130.00/hr Associate Engineer $105.00/hr Senior Engineer $115.00/hr Project Engineer II .............................................. $95.00/hr Project Engineer I ............................................... $85.00/hr Field Engineer $85.00/hr Resident Engineer $95.00/hr Engineering Inspector II ..................................... $75.00/hr Engineering Inspector I ...................................... $65.00/hr Engineering Assistant ........................................ $55.00/hr ................................................. ............................................ .............................................. .................................................... i PLANNING \ t Planning Project Manager .................................. $ 115.00/hr Senior Planner ................................................... $ 90.00/hr Project Planner ................................................... $ 80.00/hr Research Planner ............................................... $ 70.00/hr Assistant Planner ............................................... $ 65.00/hr Planning Technician ........................................... $ 60.00/hr Planning Drafter ................................................. $ 55.00/hr Professional Land Surveyor ............................... $ 125.00/hr Assistant Field Supervisor $ 90.00/hr Field Supervisor $ 100.00/hr SURVEYING ................................................ ................................. Survey Analyst .... : .............................................. $ 90.00/hr I-Person Survev Crew ....................................... $ 85.00/hr 2-Person Survejl Crew ....................................... $ 145.00/hr Travel Time $ 74.00/hr 3-Person Survey Crew $ 185.00/hr ....................................... ........................................................ HYDROGEOLOGICAL SERVICES Principal ............................................................. $ 160.OQ/hr Associate Hydrogeologist / Engineer .................. $ 115.00/hr Hydrogeologist 111 / Engineer 111 .......................... $ 80.00/hr Hydrogeologist II / Engineer II ............................ $ 75.00/hr Hydrogeologist I / Engineer I ............................. $ 65.00/hr Technician ......................................................... $ 55.00/hr Sr. Hydrogeologist/ Sr . Project Manager ............. $ 130.0iJ/hr Hydrogeologist IV / Engineer IV .......................... $ 95.00/hr ENVIRONMENTAL SERVICES Senior Project Manager/Specialist ...................... $ 135.00/hr Environmental SpecialisVPlanner VI ................... $ 125.00/hr Environmental Specialist /Planner V ................... $ 11 5.00/hr Environmental Specialist /Planner IV .................. $ 100.00/hr Environmental Specialist /Planner 111 .................. $ 90.00/hr Environmental Specialist /Planner II ................... $ 75.00/hr Analyst $ 55.00/hr Environmental Specialist /Planner I $ 65.00/hr Research Assistant ............................................. $ 45.00/hr .................... ............................................................... CONSTRUCTION MANAGEMENT SERVICES Principal / Manager ............................................ $ 130.00/hr Construction Manager ....................................... $ 11 5.00/hr Project Manager ................................................. $ 95.00/hr Construction Engineer ....................................... $ 85.00/hr Construction Inspector 111 ................................... $ 75.00/hr Construction Inspector II .................................... $ 65.00/hr Construction Inspector I ..................................... $ 55.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager .................................... $ 140.00ihr District Engineer ............................. $105.00 . $ 125.00ihr District Manager I1 .............................................. $ 105.00ihr District Manager I ............................................... $ 95.00ihr District Secretary/Accountant ............................. $ 70.00ihr Grade IV Operator ............................................... $ 80.00ihr Grade 111 Operator ............................................... $ 65.00/hr Grade II Operator ................................................ $ 55.00ihr Grade I Operator ................................................. $ 52.00/hr Operator in Training ........................................... $ 40.00/hr Laborer .............................................................. $ 34.00/hr INFORMATION SYSTEMS Information Systems Manager ............................ $ 155.00/hr Systems Technician II ......................................... $ 100.00/hr PRINCIPAL .......................................... $ 140.00 - $165.00/hr OFFICE SERVICES TECHNICAL / DRAFTING/CADD SERVICES 30 Graphic Artist ................................................ $ 120.00/hr Senior Designer ................................................. $ 90.00/hr GIS Technician II ................................................ $ 90.00/hr GIS Technician I ................................................. $ 80.00/hr CADD /Designer 111 ............................................. $ 85.00/hr CADD /Designer II .............................................. $ 85.00/hr CADD Drafter I ................................................... $ 75.00/hr CADD Operator I1 ................................................ $ 70.00/hr CADD Operator I ................................................. $ 65.0O/hr Assistant Designer Drafter .................................. $ 65.00ihr Computer Processing ......................................... $ 65.00/hr Clerical Administration ....................................... $ 55.00/hr SUPPORT SERVICES FORENSICENGINEERING Court appearances and depositions as expert witness will be billed at I . 5 times normal rates . Minimum charge of two hourj will be billed at 1.5. times the normal rate Subcontractors. rental of special equipment. special reproductions and blueprinting. outside data processing and computer services. etc., are charged at 1.1 5 times the direct cost . Mileage at 34.5 cents per mile . Per diem where overnight stay is involved is charged at cost . EMERGENCY AND HOLIDAYS MATERIAL AND OUTSIDE SERVICES TRAVEL EXPENSES Effective July 01. 2m)1 . m- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNY) MAR 27 02 PRODUCER MICHAEL J. HALL 8 COMPANY NE INSURANCE SERVICES FAX: (360) 598-3703 PHONE (3M)) 5983700 POLICIES BELOW. POULSBO WA 98370 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 19578 10THAVENUE N.E. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE INSURED COMPANY A: GREENWICH INSURANCE COMPANY h+ x-v DUDEK (L ASSOCIATES, INC. COMPANY 8: AMERICAN MANUFACTURERS MUTUAL 605 3RD STREET THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Agency Lic#: 0792445 COMPANIES AFFORDING COVERAGE a COMPANYC: LUMBERMENS MUTUAL CASUALTY I& COMPANY D: AMERICAN MOTORIST INSURANCE COMPANY /* x v ENCINITAS. CA 92024 yu , I I COMPANY E: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAM BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER WCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUWECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE CLAIMS MADE OCCUR POLICY PROJECT ALL OWNED AUTOS F'L AGGREGAtIMIT APPLIEYR POLICY PROJECT I AUTOMOBILE LIABILITY LOC E X ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS GARAGE UABILIN ANY AUTO EXCESS LIABILKV DEDUCTIBLE RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS'LlA8ILIN POLLUTION LIABILITY DESCRIPTION OF OPERATIONS/LOC WLlCY NUMBER 7RE797603-00 I AUG 2801 POLlCIePFECnVE ".1C 1- RE@ETYED MAY 14 2002 + INEERING 7RE79760300 AUG 28 01 I I 7CW305330 AUG 28 01 L IONSNEHICLES/SPECIAL ITEMS - - -, - - - MED. EXP (uly One Pwm) PERSONAL a ADV INJURY GENERAL AGGREGATE 2.000.000 PROOUCTSCOMPIOP AGG. 2,000,000 1,000,000 AUG 28 02 COMBINED SINGLE LIMIT I (Ea accident) 1,000,000 I BODILY INJURY (Pe, Perso") 5 0 I PROPERTY DAMAGE 1; ONLY - EA ACCIDEYGG 1; 1 OTHERTHAN EAACC s AUTO ONLY AUG 28 02 EACH OCCURRENCE I 1,000,000 AGGREGATE 5 1,000,000 0 5 0 IS IO IS nl ~~02802~ Ll I E.L. EACHACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT 5 1,000,000 I i.000.000 wc STATU- OTHER s 1,000,000 AUG 28 02 $1,000,000 PER CLAIM .~~~.~~~ 51,000,000 AGGREGATE I EE SUPPLEMENTAL CERTIFICATE INFORMATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF CARLSBAD PUBLIC WORKS - ENGINEERING CARLSBAD, CA 92008 1635 FARADAY AVENUE AUTHORIZED REPRESENTATIVE Anention: z. 70 ACORD 254 (7/97) Certificate # 15718 ASHLEY HURD I POLICY NUMBER: 7RE797603-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF CARLSBAD & ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 15718 SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #I5718 DATE MAR 21 02 DESCRIPTION OF OPE!?ATlONS/LOCATlONSNEHlCLES/SPEClAL ITEMS RE: PREPARATION OF REVEGETATION CONSTRUCTION PLANS AND MONITORING FOR RANCHO SANTA FE ROAD WETLANDS MITIGATION THIS INSURANCE IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NONCONTRIBUTING WITH THIS INSURANCE. THE CITY OF CARLSBAD SHALL BE NAMED AS ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE POLICIES AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED. A WAIVER OF SUBROGATION APPLIES TO THE GENERAL LIABILITY, AUTO LIABILITY, WORKERS COMPENSATION AND UMBRELW EXCESS LIABILITY POLICIES IN FAVOR OF THE ADDITIONAL INSURED. , .... ...... .~ . ~. .. .. :. .: ..... ......... .... .... .. .::. :. .. ..