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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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