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HomeMy WebLinkAbout2004-06-08; City Council; 17655; Dudek & Associates agreement4B# 17,655 MTG. 6/08/04 DEPT. ENG RECOMMENDED ACTION: TITLE: AGREEMENT FOR ENVIRONMENTAL & MONITORING SERVICES WITH DUDEK &ASSOCIATES FOR CONSTRUCTION OF RANCHO SANTA FE ROAD, PHASE 2, PROJECT NO. 3907 CITY ATTY. CITY MGR. Adopt Resolution No. 2004-179 approving an agreement for environmental monitoring services with Dudek & Associates for Rancho Santa Fe Road North, Phase 2, Project No. 3907. ITEM EXPLANATION: The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project will be constructed in two phases: Phase 1 I from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Benefits of the project include reduced congestion, improved traffic flow, and increased safety for travelers on the road. Additionally, this project will improve a vital link in the North County region’s roadway network. On March 2, 2004, City Council approved Resolution No. 2004-053 awarding a construction contract to FCI Constructors, for the Rancho Santa Fe Road North, Phase 2 Realignment and Widening, Project No. 3907. The City of Carlsbad is required to have a certified biologist and qualified paleontologist at the construction site per the Rancho Santa Fe Road construction permits from the California Department of Fish and Game, the U.S. Wildlife Service, and the Army Corps of Engineers. Dudek & Associates prepared environmental documents and permit applications for Rancho Santa Fe Road. Dudek & Associates was retained to provide biological monitoring for Phase 1 of Rancho Santa Fe Road and for that portion of Phase 1 constructed by Morrow Development under a reimbursement agreement with the City. Staff desires to have Dudek & Associates continue the environmental monitoring services for the Phase 2 construction. Per Carlsbad Municipal Code 3.28.070, the Purchasing Officer has waived the formal bidding requirements for these environmental monitoring services due to Dudeks expertise and knowledge of the project. FISCAL IMPACT: Budaet The cost of the Rancho Santa Fe Road Phase 2 is summarized in the following table. Costs shown are based on actual costs and bids received. Design costs for Phase 2 were incurred in Phase 1. I TASK DESCRIPTION I PHASE2 1 The costs associated with the Dudek & Associates contract under consideration is $1 51,000 and is included in the Environmental Mitigation & Monitoring category as shown in the table above. These funds have already been appropriated. Page 2 of Agenda Bill No. l7 655 Community Facilities District (’) Utility Grants and Loans Developer Reimbursements Vallecitos Water District Reimbursement CMWD Water Redacement Fund Fundinq The Rancho Santa Road Phase 2 project will be funded with a combination of Community Facilities District No. 1 (CFD #I), proposed Community Facilities District No. 2 (CFD #2), Public Facilities Fee (PFF), Federal and State grants, and reimbursements from other agencies and developers. $1 4,478,000 $869,000 $596,000 $3,246,000 $773.000 Funding sources are summarized below: (’) Includes $6.5 million of funds that will be reimbursed from FederaVState grants Community Facilities District special taxes and fees will fund most of the costs for Phase project. Sufficient amounts have been collected for the existing appropriations. ENVIRONMENTAL: The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifyha 2 of the EIR No. I- 91 -1 to; both Phase 1 and Phase 2 of the Rancho ‘Santa Fe Road project. The City Council at their meeting on April 25, 2000 passed Resolution No. 2000-128 approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. EXHIBITS: 1. Resolution No. 2004-179 approving the agreement for environmental monitoring services with Dudek & Associates for construction of Rancho Santa Fe Road, Phase 2, Project No. 3907. 2. Agreement for Environmental Monitoring Services with Dudek & Associates for Construction of Rancho Santa Fe Road, Phase 2, Project No. 3907. DEPARTMENT CONTACT: Carrie Loya-Smalley, (760) 602-2746, cloya @ci.carlsbad.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR ENVIRONMENTAL MONITORING SERVICES WITH DUDEK & ASSOCIATES FOR CONSTRUCTION OF RANCHO SANTA FE ROAD, PHASE 2, PROJECT NO. 3907. WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and in the public interest to approve the agreement for environmental monitoring services with Dudek & Associates for construction of Rancho Santa Fe Road, Phase 2, Project No. 3907; and WHEREAS, the City of Carlsbad is required to provide a certified biologist and qualified paleontologist at the Rancho Santa Fe Road construction site per the California Department of Fish and Game, the U.S. Wildlife Service and the Army Corps of Engineers; and WHEREAS, the contractor, Dudek & Associates, possesses the necessary skills and qualifications to provide the services described above; and WHEREAS, the Purchasing Officer, or her delegate, has waived the competitive bidding requirements for the agreement as allowed by Carlsbad Municipal Code Section 3.28.070 based on Dudek & Associates unique experience on this Project; and WHEREAS, the agreement for environmental monitoring services with Dudek & Associates for construction of Rancho Santa Fe Road, Phase 2, Project No. 3907 has been prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. Ill Ill Ill Ill Ill ‘11 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the agreement for environmental monitoring services with Dudek & 4ssociates for construction of Rancho Santa Fe Road, Phase 2, Project No. 3907 is hereby approved and the Mayor is authorized and directed to execute said agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of June , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hz11 and Packard NOES: None ABSENT: No ATTEST Resolution No. 2004-179 Page Two (SEAL) PW ENG428 a AGREEMENT FOR ENVIRONMENTAL MONITORING SERVICES WITH DUDEK & ASSOCIATES FOR CONSTRUCTION OF RANCHO SANTA FE ROAD NORTH, PHASE 2, PROJECT NO. 3907 day of xJ"w- , 20&, by and between the CITY OF CARLSBAD, municipal corporation, ("City"), and DUDEK & ASSOCIATES, a California corporation, THIS AGREEMENT is made and entered into as of the 9- ("Con tractor"). ~ RECITALS A. City requires the professional services of a qualified Biologist that is B. Contractor has the necessary experience in providing professional erienced in identification of the California Gnatcatcher and its habitat and working and advice related to the California Gnatcatcher, its habitat and working services of a qualified Paleontologist to professional results in an F. Contractor has submitted a proposal to City and has affirmed its construction activities. sites near construction activities. activities. NOW, THEREFORE, in consideration of these recitals and the mutual covenants ntained herein, City and Contractor agree as follows: SCOPE OF WORK retains Contractor to perform, and Contractor agrees to render, those services "Services") that are defined in attached Exhibit "A", which is incorporated by this in accordance with this Agreement's terms and conditions. STANDARD OF PERFORMANCE hile performing the Services, Contractor will exercise the reasonable professional and skill customarily exercised by reputable members of Contractor's profession in the Metropolitan Southern California Area, and will use reasonable best judgment while exercising its professional skill and expertise. T 3il e term TERM of this Aareement will be effective for a Deriod of three years from the date first ove written. The City Manager may amend the Agreement io extend it for two (2) ditional one (1) year periods or parts thereof in an amount not to exceed $100,000 llars ($100,000) per Agreement year. Extensions will be based upon a satisfactory of Contractor's performance, City needs, and appropriation of funds by the The parties will prepare a written amendment indicating the effective date the extended Agreement. City Attorney Approved DBE Version #04.16.02 1 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred fifty one thousand dollars ($151,000). 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. City Attorney Approved DBE Version #04.16.02 2 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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 this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:VI’. 10.1 Coveraaes 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. City Attorney Approved DBE Version #04.16.02 3 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code 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 Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 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. City Attorney Approved DBE Version #04.16.02 4 11. BUSINESS LICENSE Contractor will obtain and maintain a Citv of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be 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 Vipul Joshi Title Senior Civil Engineer Title Project Manage r/B iolog ist Der3 Public Works-Enaineerina ~ __ Ci& of Carlsbad Dudek & Associates Carlsbad, CA 92008 Phone No. (760) 602-2746 Address 1635 Faradav Avenue Address 605 Third Street Encinitas. CA 92024 147 Phone No. (760) 942-5 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. City Attorney Approved DBE Version #04.16.02 5 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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION A. The City has established no goals for the participation of DBE for this Agreement. However, Contr&tor shall be fully informed respecting Part 26, Title 49, Code of Federal Regulations (CFR), which is incorporated by reference, and is urged to obtain DBE participation should a clearly defined portion of the work become available. It is the policy of City that certified DBE firms shall have the maximum opportunity to participate in the performance of Agreements financed in whole or in part with federal funds. Contractor shall ensure that certified DBE firms, as defined in the CFR, have the maximum opportunity to participate in the performance of this Agreement and shall take all necessary and reasonable steps, as set forth in CFR, Part 26, for such assurance. Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontractor. Failure to carry out the requirements of this paragraph shall constitute a breach of Agreement and may result in termination of this Agreement or such other remedy that City may deem appropriate. B. City Attorney Approved DBE Version #04.16.02 6 C. If DBE participation is obtained, Contractor shall maintain records of all subcontractor agreements entered into with DBE subcontractors and records of materials purchased from DBE suppliers. Such records shall show each subcontractor's and vendor's name and address and the actual dollars paid to each. Upon completion of the Agreement, a summary of these records shall be prepared, certified correct and submitted on the form "FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST - TIER SUBCONTRACTORS', or equivalent, by Contractor or his authorized representative to the City of Carlsbad's Contract Manager showing total dollars paid to each DBE subcontractor and supplier. Any DBE firm working as a subcontractor under this Agreement must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. Contractor shall make every reasonable effort to replace a certified DBE firm that is unable to perform the provisions of this contract with another certified DBE firm. D. E. 20. 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 (1 0) 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. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City Attorney Approved DBE Version #04.16.02 7 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. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et 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. 24. 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. City Attorney Approved DEE Version #04.16.02 8 25. 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. 26. 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. City Attorney Approved DBE Version #04.16.02 9 27. 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. DUDEK &ASSOCIATES, a California comoration CITY OF CARLSBAD, a municipal corporation of the State of California Lwmnrti iuk~. City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy Ciiy Attorney City Attorney Approved DBE Version #04.16.02 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared %personally known to me 0 proved to me on the basis of satisfactory evidence acted, executed the instrument. WITNESS my hand and official seal Signature 01 Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date pl.4) E/v 6 rc. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual KCorporate Officer - Title(s): 0 Partner - D Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: da CNim I Signer Is Representing: ‘&/-a, 1%. 0 1999 National Notary Association * 9350 De Soto Ave.. PO. Box 2402 * Chalsworih. CA 91313-2402 * w.natlonalnotary.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A’ SCOPE OF SERVICES SUMMARY Task 1 : Coastal California Gnatcatcher Monitoring Program Task 2: Employee Education Program Task 3: Biological Construction Monitoring Task 4: Paleontological Services Task 5: Monthly/Annual Reports Direct Costs: Estimated printing, mileage, etc. Subtotal Labor TOTAL $ 26,000 $ 2,500 $ 93,800 $ 2,000 $ 23,700 $1 48,000 $ 3,000 $1 51,000 See attached Proposal from Dudek & Associates dated November 14, 2003 for detailed description of tasks and hourly rates. Contractor to provide invoices on a monthly basis as the work progresses. City Attorney Approved DBE Version #04.16.02 11 Engineering, PhJJning, Corporate Office: Environmental Sciences and 605 Third Street Management Services Encinitas, California 92024 Fax 760.632.0164 760.942.5147 November 14,2003 Ms. Carrie Loya-Smalley Senior Civil Engineer City o€ Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Biological Services for the Rancho Santa Fe Road Realignment and Bridge RepZacement Project, Phase 2 Dear Ms. Loya-Srnalley: As requested, Dudek& Associates, Inc. (Dudek) is pleased to provide the City of Carlsbad (City) with this scope of work and cost estimate for biological services associated with Phase 2 of the Rancho Santa Fe Road Realignment and Bridge Replacement Project. Phase 2 of the project includes the proposed bridge replacement over San Marcos Creek as well as the 2,200 foot approach From Melrose Drive to approximately 600 feet south of the Questhaven/Rancho Santa Fe Road intersection. For this scope of work, it is assumed that construction will take approximately 18 months (72 weeks) to complete, beginning in January 2004. This scope of work covers biological services that are necessary for compliance with the resource permits associated with the project, SCOPE OF WORK Task 1 Coastal California Gnatcatcher Monitoring Program Dudek will implement a monitoring program for the federally-listed threatened coastal California gnatcatcher (Puliuptila califurnica califarnica; gnatcatcher) in accordance with the requirements of the Biological Opinion issued by the U.S. Fish and WiIdlife Service on January 23,2002. QuaMied Dudek biologists will conduct a protocol-level presence/absence survey for the gnatcatcher in suitable habitat within 500 feet of the project limits prior to the start of the breeding season on February 15. The survey will determine the presence and location of gnatcatchers adjacent to the project and assess the need to mitigate potentia1 noise impacts due to construction during the breeding season (February 15 through August Nls. Carrie Loya-Smnfley Re: Biological Services for the Rancho Santa Fe Road Realigmtent arid Bridge Revlacement Project, Phase 2 31). Based on an 18-month construction schedule From January2004 throughJune 2005, this scope includes two protocol-level presence/absence surveys (to be conducted before the start o€ the breeding season in 2004 and 2005), weekly monitoring during the breeding season (52 weeks total; February 15-August 31,2004andI:ebruary15-June 30,2005) and the preparation of two protocol survey reports to be submitted to the USFWS following completion of initial protocol presence/absence surveys €or each breeding season. Weekly monitoring during the breeding seasons will be conducted in conjunction with standard biological construction monitoring described in Task 3 below. The cost o€ weekIy monitoring is therefore incIuded in Task 3. Cost estimate .............................................. $26,Q00.00 Task 2 Employee Education Program The project lead biologist will attend the pre-construction meeting and give a brief presentation regarding the biological resources on and adjacent to the project area and the various regulatory guidelines which govern construction ef€ects to those resources. Our recent experience is that these programs need to include aninformational handout with maps and pictures of sensitive biological resources adjacent to the work site. Dudek will prepare, reproduce, and distribute these informational handouts as part of the education program. The employee education program is a requirement of the Biological Opinion issued by the USFWS. The representatives of all contractors and subcontractors shallbe in attendance at the pre-construc tion meeting and communicate the idormation regarding biological resources to their employees working on the job site. Hnewcrews or contractors are brought on, a new education meeting shall be held. This scope provides €or up to two employee education presentations. Cost estimate ............................................... $Z,~OO.OO Task 3 Biological Construction Monitoring Dudek will provide a qualified biologist to monitor the City’s construction activities at the project site in accordance with documents prepared and approved pursuant to the federal Endangered Species Act (ESA), National Environmental Policy Act (NEPA), federal Clean Water Act (CWA), California Environmental Quality Act (CEQA), California Fish and Game Code, and the Habitat Conservation Plan/Ongoing Multi-Species Plan (HCP) for the project 3912-01 November 2003 Page 2 P+L-I TIMU fm CanpLrr Vmjrcti Ms. Carrie Loya-Smalley Re: Biological Services for the Rancho Salzta Fe Road Realignment and Bridge Replacement Project, Phase 2 area. Portions of this project or adjacent projects initiated by anyone other than the City of Carlsbad, will not be monitored as part of this scope and fee. It is expected that 18 months will be required to complete the City’s portion o€ grading and construction for Phase 2. Bridge construction and associated activities in and around San Marcos Creek are expected to be ongoing for the duration OF the 18-month construction period. In general, the level OF monitoring required For Phase 2 will be determined based on the timing and nature of construction activities taking place. For example, during initial vegetation clearing, daily monitoring may be required to ensure that the project limits are clearly delineated and that impacts do no occur beyond the limits o€ work. Construction activities within or adjacent to San Marcos Creek during the rainy season may also require daily monitoring to ensure that adjacent resources are not impacted by erosion and runof€ from construction. During the gnatcatcher breeding season, the level of monitoring required will be determined based on the results of thegnatcatcher monitoring program. For example, if nests are observed adjacent to the construction area, daily monitoring may be required to ensure construction activities do not disturb nesting activity. However, iF no nests are observed, weekly monitoring may be adequate to ensure that adjacent preserved habitat is not being impacted. Although gnatcatchers may attempt to breed more than once in a single season, breeding activity is not likely to be continuous for the duration of the breeding season. For the remainder of construction, and if gnatcatcher nests are not observed in adjacent areas during the breeding season, weekly monitoring of construction may be sufficient. Based on a reasonable expectation of gnatcatcher breeding activity and for the purpose of providing a cost estimate, this scope anticipates that gnatcatcher breeding activity will be observed For 24 weeks in 2004 and for 12 weeks in 2005. In addition, this scope provides for up to 12 weeks of daily monitoring of construction that may be required i€ activity occurs within or adjacent to San Marcos Creek during the rainy season. Therefore this scope provides for a total of 48 weeks of daily monitoring and 24 weeks OF weekly monitoring. In addition to onsite monitoring, this task includes junior and senior level staff time (up to 100 total hours) to handle unforseen issues related to permit compliance. Cost estimate . . . . , . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $93,800.00 3912-01 November 2003 Page 3 ~,.+-~d ream for comp~x RO,~C~~ Ms. Carrie Lo ya-Smalley Re: Biological Services for the Rancho Santa Fe Road Realipnzent and Bridge - - Replacement Project, Phase 2 Task 4 Paleontological Services Dudek has retained Thomas A. DemCr6, Yh.D., Director o€ the Department o€ Paleontological Resources at the San Diego Natural History Museum, to per€orm paleontoIogica1 services associated with Phase 2 o€ the project. Prior to the start of construction, a review of existing geotechnical and construction documents with the project site will be conducted. A visit to the site will be conducted to determine the location and extent o€ potential impacts to paleontological resources. An assessment of paleontological resource sensitivity including an evaluation OF the resource significance/sensitivity of individual geologic formations exposed on the project site will be conducted. A letter report will be prepared that will summarize the results of the document review and the paleontological resource sensitivity assessment. The report will also include a discussion of mitigation measures (i.e. , monitoring). Please note that paleontological monitoring during construction is not included in this scope of work. Based on a preliminary review o€ the impact footprint €or Phase 2, the potential for impacts to paleontological resources is limited and monitoring during construction may not be necessary. If paleontological monitoring is required in the future, an additional scope and amendment can be negotiated at that time. Cost estimate ............................................... $2,000.00 Task 5 Monthly/Annual Reporting Monthly monitoring reports will be provided to the City of Carlsbad staff and USFWS as required by the BiologicaI Opinion. These reports will summarize monitoring activities and report on compliance with permit regulations. Based on anl8-month construction schedule, this task includes 18 monthly reports and two annual reports. Cost estimate .............................................. $23,700.00 ESTIMATED COSTS The estimated labor cost €or the proposed biological services is $148,000.00, to be billed on a time and materials basis in accordance with our 2003 Standard Schedule of Charges (see attached). Direct costs are billed at a 15% markup. Direct costs are anticipated to be approximately $3,000.00. The total budget amount for the above scope is $151,000.00. This proposal includes tasks associated with Phase 2 of the project only. 3912-01 November 2003 Page 4 Rqcslrlnol TlmUb. canpl.. Pmircu Ms. Carrie Lo ya-Smatte y Re: Biological Services for the Rancho Santa Fe Road Realignment artd Bridge Replacement Project, Phase 2 Please send an appropriate contract amendment or new agreement to authorize the above scope and budget. Please let me know if you have any questions regarding this proposal. Very truly yours, Dudek & Associates, Inc. Environmental Science Division cc: Kam Muri - DUDEK C. att: 2003 DUDEK Standard Schedde of Chrges 3912-01 November 2003 Page 5 DUDEK & ASSOCIATES, INC. 2003 STANDARD SCHEDULE OF CHARGES Engineering Services Principal Engineer. .......... $145.00ihr Assistant Engineer Project Engineer II ... $95.00/hr Project Engineer I ......................................... $85.00/hr Resident Engineer ........................................ $95.00/hr Field Engineer .............................................. $85.00/hr Engineering Inspector 11. ............................... $80.00/hr Engineering Inspector I ................................. $70.00/hr Engineering Assistant ................................... $60.00/hr Planning Planning Project Manager .......................... $1 20.00/hr Senior Planner ............................................ $100.00/hr Project Planner ............................................. $90.00/hr Research Planner. ....................................... $85,OO/hr Assistant Planner ......................................... $65.00/hr Planning Technician ................................... $60.00/hr Planning Drafter ...... .......... $55.00/hr Surveying 1- Person Survey Crew 2- Person Survey Crew ...... Hydrogeological Services Principal ...................................................... $1 70.00hr Sr. HydrogeologisUSr. Project Manager ..... $130.OO/hr Associate Hydrogeologist/Engineer. ........... $1 15.00hr Hydrogeologist IV/Engineer IV ..................... $95.00kr Hydrogeologist IlllEngineer Ill ...................... $85.00/hr Hydrogeologist IllEngineer II Hydrogeologist VEnginee Technician ....................... Environmental Services ................................................ $150.00hr ct Manager/Specialis , Environmental SpecialistlPlanner Environmental Specialist/Planner V ........... $1 25.00hr Environmental SpecialisffPlanner tV .......... $1 15.00hr Environmental Specialist/ Planner 111 ........... $1 05.00hr Environmental SpecialisUPlanner It. ............. $90.00/hr Environmental SpecialistfPlanner I _.._.. __._ _____ $80.00/hr ................................................ $70.00/hr Research Analyst ......................................... $60.00/hr Construction Management Services PrincipaVManager ...................................... $1 40.00hr Construction Manager ................................ $1 25.OOhr Senior Project Manager ............................. $1 15.00/hr Project Manager ......................................... $105.00/hr Construction Engineer .................................. $95.00/hr Construction Inspector 111 .............................. $85.00/hr Construction Inspector If ............................... $80.OO/hr Construction Inspector I ........................ $75.00/hr District Management 8, Operations District General Manager ............................ $1 45.00hr District Engineer ......................................... $1 1 O.OO/hr District Manager II ..................................... $120.00/hr District Manager I ....................................... $100.00fir District Manager Assistant ............. ....... $70.00/hr District SecretarylAccount ............ Grade V Operator.. ................................... :. .. $90.00/hr Grade IV Operator ........................................ $80.00/hr Grade 111 Operator ........................................ $65.00/hr Grade II Operator ......................................... $55.00/hr Grade I Operator ...................... $52.OO/hr Operator in Training ................. $40. OOlhr Laborer .......................................... $34. OOihr Urban and Community Forestry ............. $75.00Ihr Office Services Technical/Ofafting/CAOD Services 3D Graphic Artist ........................................ $125 OOhr Senior Designer ........................................... $95.00/hr GIS Specialist II ............................................ $90.00/hr GIs Specialist 1 ..................................... CADDl Designer .......................................... $85.00/hr CADD Drafter .............................................. $75.OOhr CADD Operator 1 ........................................ $65.00/hr Assistant Designer Drafter.. ....... . $65.00/hr Support Services Computer Processing ................................... $65.00/hr Clerical Administration .................................. S60.00kr Forensic Engineering - Court appearances and depositions as expert witness will be billed at 1.75 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting. ouiside data processing and computer services. etc., are charged at 1.15 times the direct cost. Travel Expenses - M:leage at 36 0 cents per mile Per-diem where overnlght stay is involved is charged at cost Effective January 1,2003 AcoRDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNY) FEB 26 04 I INSURER E: I I PRODUCER MICHAEL J. HALL & COMPANY NE INSURANCE SERVICES 19578 IOTH AVENUE N.E. POULSBO WA 98370 FAX: (360) 598-3703 INSURED PHONE: (360) 5983700 Agency Lic#: 0792445 DUDEK & ASSOCIATES, INC. 605 3RD STREET ENClNlTAS CA 92024 ~~ COVERAGES 'HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING bNY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER WCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERS AFFORDING COVERAGE 1 NAlC# INSURER B INSURER c FIDELITY & GUARANTY INS. UNDR. A &v A INSURER A GREENWICH INSURANCE fq f- xv, ('A r;4 ST. PAUL MERCURY INS. co. 1- -7 I INSURER D FIDELITY GUARANTY INSURANCE co. 4 yv i , GENL AGGREGATE LIMIT APPLIES PER - ~ - ___ rk USR TYPE OF INSURANCE POLICY NUMBER .TR GENERAL LIABILITY I BKOI 488967 I x COMMERCIAL GENERAL LlABlLlN I CLAIMSMADE 14 OCCUR Eb WORKERS COMPENSATION AND I EMPLOYERS LIABILITY POLICY EFFECTNE DATE (MMlDDm JUN I 03 B INY PROPRIETORlP4RTN~WFXFCUTI'JE OFFlCERlMeHBER EXCLUDED? POLICY EXPIRATION DATE (MMIDDIWI JUN 1 04 1 WVA8005811 I JUN 1 03 LIMITS EACH OCCURRENCE It 1,000,000 t 300,000 DAMAGE TO RENTED PREMISES (EO occurencel I I OTHER: PROFESSIONAL LIABILITY PEC000528302 I AUG2803 1 AUTOMOBILE LIABILITY BAOI 506564 JUL 11 03 JUN 1 04 1 MED. EXP (Any One Person) 1 $ 10.000 1,000,000 COMBINEDSINGLE LIMIT ~$ (Ea accident) I I 5,000,000 i PERSONAL 8 AOV INJURY 1 s SCHEDULED AUTOS 7 HIREDAUTOS ~ X NON-OWNED AUTOS ~ 1 GENERAL AGGREGATE $ 1,000,000 PRODUCTS-COMPIOP AGG. $ 1,000,000 ANY AUTO EXCESS I UMBERELLA LIABILITY ,I OCCUR CLAIMSMADE - DEDUCTIBLE r RETENTION $ & I $ 1 BODILY INJURY ~ (Per accident) POLLUTION LIABILITY CLAIMS MADE POLICY I I I PROPERTY DAMAGE IS AUTO ONLY - EA ACCIDENT $ ' OTHER THAN EAACC $ AGG '$ j AUTO ONLY: EACH OCCURRENCE 1s s I AGGREGATE I 1s IS WC STATU- IOTHER 1 JUN I 04 I 1 TORY LIMITS E L EACH ACCIDENT 5 1,000,000 ~~ __ - -j~ E L DISEASE-EA EMFLOYEE 1 $ 1,000,000 E L DISEASE-POLICY LIMIT 1 $ 1,000,000 AUG 28 04 '$1,000,000 PER CLAIM $1,000,000 AGGREGATE )RSEMENT/ SPECIAL PROVISIONS PROJECT: ALL OPERATIONS. CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD ARE ADDITIONAL INSUREDS ON THE COMMERCIAL GENERAL LIABILITY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LElTER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CARLSBAD MUNICIPAL WATER DISTRICT ATTN: ROBERT GREANEY. DEPUTY PUBLIC WORKS DIRECTOR 5950 EL CAMINO REAL CARLSBAD, CA 92008 AUTHORIZED REPRESENTATIVE , I Attention: I I ACORD 25 (2001/08) Certificate # 23422 ASHLEY L. HURD POLICY NUMBER: BK01488967 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMM ERCl AL GENERAL Ll AB I LlTY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 23422 -JAN. 6. 2004- 9:39AM ' ~ SUPPLEMENT TO CERTIFICATE OF LlABlLlTY INS #18995 AUOZTO~ sNO. 8634-P. 4,,, DESCRIPTION OF OPERATlONSlLOCATlONS"ICLES/3PEClAL ITEMS PROJECT: ALL PROFESSIONAL SERVICES AS COMlRACTCD. CITY OF CARLgDAD, WATER MgfRIcf, ITS ~ICIALB, CYKOYEeS AND VOLUNTEERS ARE ADDmoNAL ~~s INSURED. THIS INSURANCE Is PRIMARY INSURANCE AND ANY OWLR W$URANCE MAINTAINED BY THl ADDmoNAL MURCW SllAU BE EXCESS ONLY AND NON CONTRl6WlNa WllU THIS IWSURAHCE. A WAIVER OF SUBROGATION APPLIES TO THE QENEAAL LIABILITY, AUTO LIABIUTY, WORKERS COMPENJATK)N AND UMDllltLLN EXCESS LIABILITY POLICIES IN FAVOR OF lWC ADDITIONAL INSURED. COMMERCIAL BENERAL Lwnm WUCY A$ RESPECTS LIABIW ANSING om OF Ammes BY, OR ON BEHALF OF THE NAMED .. .. . . . .. .. ... . . . . , . .. ... KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT .~ BU9.NO. 1205564 DATE ISSUED 0511 912003 I SIC CODE SIC DESCRIPTION 1 08.160 s50.00 871 1 Engineering Services EXPIRATION aATE OWNERRRMOR c0RPORATK)NNAME DUDEK 8 ASSOCIATES, INC. BUSINESSNAME DUDEK & ASSOCIATES, INC. M4IUNGADo~ 605 3RD ST CITY AND STATE ENCINITAS. CA 92024-351 : ' I BALANCE $0.00 I CITY OF CARLSBAD I