HomeMy WebLinkAbout1999-01-05; City Council; Resolution 99-7m e
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RESOLUTION NO. 99-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA FOR APPROVAL AND
ACCEPTANCE OF PROPOSAL FROM DUDEK &
ASSOCIATES TO PROVIDE ENVIRONMENTAL
SERVICES FOR NORTH AGUA HEDIONDA
INTERCEPTOR SEWER MAINTENANCE ACCESS
NO. 3537
ROAD, CMWD PROJECT NO. 98-101, CITY PROJECT
WHEREAS, Requests for Proposals were requested to provide the nece:
environmental services for preparation of design plans and specifications for I
Agua Hedionda Interceptor Sewer Maintenance Access Road, CMWD Project
City Project No. 3537; and responses were received from Dudek and Associ,
Recon Consultants, and Planning Systems; and after review of the proposals
staff recommended Dudek & Associates based on a good understanding of the
to be performed and as the most responsive in meeting the objectives 0:
environmental review and construction environmental permitting services; and
WHEREAS, the City Council of the City of Carlsbad, California,
determined it necessary and in the public interest for approval and acceptance
proposal from Dudek & Associates to review certified ElRs and prepare biolol
technical reports for North Agua Hedionda Interceptor Sewer; and
WHEREAS, funds appropriated in the amount of $150,000 have t
appropriated in the 1997-98 budget for the North Agua Hedionda Interceptor Se
and the project cost estimated for the environmental services for the North /
Hedionda Interceptor Sewer Maintenance Access Road is $45,530
environmental services and $4,470 for contingencies, therefore, there are suffic
funds available for this project.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the C
Carlsbad, California, as follows:
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2. That the attached agreement between Dudek & Associates and thc 4
1. That the above recitations are true and correct.
5 of Carlsbad be approved and accepted.
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3. That the Mayor, as representative of the City of Carlsbad, is autho
and directed to execute the proposed agreement between Dudek & Associate:
the City of Carlsbad.
10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the C
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following vote to wit: 12
Carlsbad, California, held on 5 th day of January 1999 ,b,
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
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ABSENT: None
ATTEST:
KAREN R. KUNDTZ, Asslstant W City
(SEAL)
CMWD 98-1 01
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AGREEMENT
THIS AGREEMENT is made and entered into as of the 5 th day (
January , 19 - 99 , by and between the CITY OF CARLSBAD, a municip;
corporation, hereinafter referred to as "City", and DUDEK & ASSOCIATES, a Californi
corporation, hereinafter referred to as "Contractor."
RECITALS
City requires the services of an enaineerinq Contractor to provide thg necessal
biological services for preparation of environmental documentation for North A~L
Hedionda Interceptor Sewer Maintenance Access Road - Cove Drive to Hoover Streel
CMWD Proiect No. 98-101 ; and Contractor possesses the necessary skills ar
qualifications to provide the services required by the City;
NOW, THEREFOREl in consideration of these recitals and the mutual covenan
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
See attached Appendix A.
2. CITY OBLIGATIONS
The City shall provide the following:
1) Prompt review of materials submitted for comment,
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2) As necessary, assistance to promote the contract and other information a:
requested in writing,
3) Written authorization for Contractor to proceed for each task. The Contract0
shall not commence work on any task not specifically identified in writing.
4) Contractor shall not proceed on construction permitting tasks until CEQ]
document has been approved by an appropriate decision making body and supplied b:
the administrative manager.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt c
notification to proceed by the City Engineer or designee and be completed within &
hundred sixtv five [we&ttykalendar] days of that date. Extensions of time may bl
granted if requested by the Contractor and agreed to in writing by the City Engineer c
designee. The City Engineer or designee will give allowance for documented an(
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substantiated unforeseeable and unavoidable delays not caused by a lack of foresigh
on the part of the Contractor, or delays caused by City inaction or other agencies' lac1
of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee amount payable for the services to be performed is not to exceec
$45.530.00. No other compensation for services will be allowed except those item
covered by supplemental agreements per Paragraph 8, "Changes in Work." The Cit!
reserves the right to withhold a ten percent (10%) retention until the project has beer
accepted by the City.
Incremental payments, if applicable, should be made as outlined in attachec
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Appendix "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of three hundred sixtv five davs fror
date thereof. The contract may be extended by the City Manager for w addition:
one (1) year periods or parts thereof, based upon a review of satisfactory performancl
and the City's needs. The parties shall prepare extensions in writing indicating effectivl
date and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractc
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
a Within thirtv (30) days of completion and approval of the final Dermit document -
the Contractor shall deliver to the City the following items:
1) Copies of any and all permits submitted/obtained on our behalf,
2) All background documentation not previously transmitted,
3) (3) copies of the Biological Technical Report.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or thc
City, and informal consultations with the other party indicate that a change in thl
conditions of the contract is warranted, the Contractor or the City may request a changl
in contract. Such changes shall be processed by the City in the following manner: 1
letter outlining the required changes shall be fotwarded to the City by Contractor tc
inform them of the proposed changes along with a statement of estimated changes il
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charges or time schedule. A Standard Amendment to Agreement shall be prepared b!
the City and approved by the City according to the procedures described in Carlsbac
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rende
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained an:
company or person, other than a bona fide employee working for the Contractor, tc
solicit or secure this agreement, and that Contractor has not paid or agreed to pay ans
company or person, other than a bona fide employee, any fee, commissior
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultin!
from, the award or making of this agreement. For breach or violation of this warranty
the City shall 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 ful
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
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The Contractor shall comply with the state and federal laws regardin:
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the worl
as provided for in this contract, the City Manager may terminate this contract fo
nonperformance by notifying the Contractor by certified mail of the termination of tht
Contractor. The Contractor, thereupon, has five (5) working days to deliver saic
documents owned by the City and all work in progress to the District Engineer. Thc
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District Engineer shall make a determination of fact based upon the document
delivered to City of the percentage of work which the Contractor has performed which i
usable and of worth to the City in having the contract completed. Based upon thz
finding as reported to the City Manager, the Manager shall determine the final paymer
of the contract.
This agreement may be terminated by either party upon tendering thirty (3C
days written notice to the other party. In the event of such suspension or terminatior
upon request of the City, the Contractor shall assemble the work product and put samt
in order for proper filing and closing and deliver said product to City. In the event o
termination, the Contractor shall be paid for work performed to the termination date
however, the total shall not exceed the lump sum fee payable under paragraph 4. Thc
City Manager shall make the final determination as to the portions of tasks complete,
and the compensation to be made.
12. CLAIMS AND LAWSUITS
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The Contractor agrees that any contract claim submitted to the City must bt
asserted as part of the contract process as set forth in this agreement and not ir
anticipation of litigation or in conjunction with litigation. The Contractor acknowledge!
that if a false claim is submitted to the City, it may be considered fraud and thc
Contractor may be subject to criminal prosecution. The Contractor acknowledges tha
California Government Code sections 12650 et sea., the False Claims Act, provides fo
civil penalties where a person knowingly submits a false claim to a public entity. Thest
provisions include false claims made with deliberate ignorance of the false informatior
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seek:
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to recover penalties pursuant to the False Claims Act, it is entitled to recover it:
litigation costs, including attorney's fees. The Contractor acknowledges that the filing c
a false claim may subject the Contractor to an administrative debarment proceedin!
wherein the Contractor may be prevented to act as a Contractor on any public work o
improvement for a period of up to five years. The Contractor acknowledges debarmen
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contract0
from the selection process. *
The provisions of Carlsbad Municipal Code sections 3.32.025, 332.026
3.32.027 and ,3.32.028 pertaining to false claims are incorporated herein by reference. -=4P 13. STATUS OF THE CONTRACTOR \
The Contractor shall perform the services provided for herein in Contractor's owl
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City onlb
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide sewices under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made tc
the Contractor pursuant to the contract shall be the full and complete compensation tc
which the Contractor is entitled. The City shall not make any federal or state tal
withholdings on behalf of the Contractor or its employees or subcontractors. The Cit)
shall not be required to pay any workers' compensation insurance or unemploymen..
contributions on behalf of the Contractor or its employees or subcontractors. The
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Contractor agrees to indemnify the City within 30 days for any tax, retiremer
contribution, social security, overtime payment, unemployment payment or workers
compensation payment which the City may be required to make on behalf of thl
Contractor or any employee or subcontractor of the Contractor for work done under thi
agreement or such indemnification amount may be deducted by the City from an'
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reforr
and Control Act of 1986 and shall comply with those requirements, including, but nc
limited to, verifying the eligibility for employment of all agents, employee:
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS - -
The Contractor shall cause all drawings and specifications to conform to a
applicable requirements of 'law: federal, state and local. Contractor shall provide a
necessary supporting documents, to be filed with any agencies whose approval i
necessary.
The City will provide copies of the approved plans to any other agencies.
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as hereii
required are the property of the City, whether the work for which they are made bf
executed or not. In the event this contract is terminated, all documents, plan:
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
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16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the wor
pursuant to this contract shall be vested in City and hereby agrees to relinquish a
claims to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and thl
Carlsbad Municipal Water District and its officers, officials, employees and volunteer
from and against all claims, damages, losses and expenses including attorney fee
arising out of the performance of the work described herein caused in whole or in par
by any willful misconduct or negligent act or omission of the Contractor, an:
subcontractor, anyone directly or indirectly employed by any of them or anyonefo
whose acts any of them may be liable.
18. ASSIGNMENT OF CONTRACT
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The Contractor shall not assign this contract or any part thereof or any monie
due thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under thir
contract by the Contractor, Contractor shall be fully responsible to the City for the act:
and omissions of Contractor's subcontractor and of the persons either directly o
indirectly employed by the subcontractor, as Contractor is for the acts and omissions c
persons directly employed by Contractor. Nothing contained in this contract shal
create any contractual relationship between any subcontractor of Contractor and tht
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City. The Contractor shall bind every subcontractor and every subcontractor of t
subcontractor by the terms of this contract applicable to Contractor's work unles!
specifically noted to the contrary in the subcontract in question approved in wilting b
the City.
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City tc
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, o
approving of this agreement, shall become directly or indirectly interested personally il
this contract or in any part thereof. No officer or employee of the City who is authorize1
in such capacity and on behalf of the City to exercise any executive, supervisory, c
similar functions in connection with the performance of this contract shall becom
directly or indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
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No verbal agreement or conversation with any officer, agent, or employee of thc
City, either before, during or after the execution of this contract, shall affect or modif
any of the terms or obligations herein contained nor entitle the Contractor to an
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the' provisions of Paragraph 17, "Hold Harmless Agreement," a
terms, conditions, and provisions hereof shall inure to and shall bind each of the partie:
hereto, and each of their respective heirs, executors, administrators, successors, an(
assigns.
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23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writter
above.
24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and thc
City's conflict of interest code, that the Contractor will not be required to file a conflict c
interest statement as a requirement of this agreement. However, Contractor hereb,
acknowledges that Contractor has the legal responsibility for complying with thr
Political Reform Act and nothing in this agreement releases Contractor from thi
responsibility.
25. INSURANCE
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The Contractor shall obtain and maintain for the duration of the contract and an
and all amendments insurance against claims for injuries to persons or damage t
property which may arise out of or in connection with performance of the wor
hereunder by the Contractor, his agents, representatives, employees or subcontractor:
Said insurance shall be obtained from an insurance carrier admitted and authorized 1
do business in the State of California. The insurance carrier is required to have
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fc
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limi
indicated herein, unless a lower amount is approved by the City Attorney or Ci
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Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combine(
singJe-limit per occurrence for bodily injury, personal injury and property damage. If thl
submitted policies contain aggregate limits, general aggregate limits shall appl
separately to the work under this contract or the general aggregate shall be twice th
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fc
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodi
injury and property damage.
3. Workers' Compensation and Employer's Liability. Worker
Compensation limits as required by the Labor Code of the State of California ar
Employer's Liability limits of $1,000,000 per accident for bodily injury.
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4. Professional Liability. Errors and omissions liability appropriate '
the contractor's profession with limits of not less than $1,000,000 per claim. Coveraf
shall be maintained for a period of five years following the date of completion of tt
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under tt
agreement contain, or are endorsed to contain, the following provisions.
1. The City and the Carlsbad Municipal Water District shall be namf
as additional insureds on all policies excluding Workers' Compensation a1
Professional Liability.
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2. The Contractor shall furnish certificates of insurance to the Cit!
before commencement of work.
3. The Contractor shall obtain occurrence coverage, exc\udin!
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement an(
any extension thereof and shall not be canceled without 30 days prior written notice tl
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverage
required herein, then the City will have the option to declare the Contractor in breach, c
may purchase replacement insurance or pay the premiums that are due on existin
policies in order that the required coverages may be maintained. The Contractor i
responsible for any payments made by the City to obtain or maintain such insuranc
and the City may collect the same from the Contractor or deduct the amount paid fro!
any sums due the Contractor under this agreement.
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26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receivc
written notice on behalf of the City and on behalf of the Contractor in connection witt
the foregoing are as follows:
For City: Title
Name
Address
For Contractor: Title
Name
Address
ArchitecVLicense Number:
Architect/License Number:
William E. Plummer. P.E.. District Enqineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
Sherri Miller
Dudek & Associates
605 Third Street
Encinitas, California 92024
LandscaDe Architect License No. 331 9 Michael Swees
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27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for tt
duration of the contract.
28. ENTIRE AGREEMENT
This agreement, together with any other written document referred to (
contemplated herein, embody the entire agreement and understanding between tt
parties relating to the subject matter hereof. Neither this agreement nor any provisic
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hereof may be amended, modified, waived or discharged except by an instrument iI
writing executed by the party against which enforcement of such amendment, waiver c
discharge is sought.
Executed by Contractor this S?w
CONTRACTOR:
(print namekitle) ATTEST:
By: g&Udu+l
f2$!Lg{tit$ *A* 9i-L
(sign here)
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KAREN R. KUNDTZ, Assistant City Cle:
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 01
officer signs, the corporation must attach a resolution certified by the secretary or assistant secreta
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
I/
CMWD 98-101
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STATE OF CALIFORNIA 1
COUNTYOF Gbd’p\m 1 } ss.
On \ \ /2 3/g g;’ before me, HEh iZlErn p4 BC~~tL
’ DATE NAME AND TITLE OF OFFICER
personally appeared Fw& ,). n,pk? b&p 9w\a L. ) i)N&
NAME@) OF SIGNER@)
xpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(
name(s) islare subscribed to the within instrument and acknowledged to me that hekhelthey executed the
hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
eal.)
Title or Type of Document 4f-b fk#?~~ re‘. N. &a Mion&
Date of Document &d. &\7 g@ NO. of Pages 14
Signer(s) other than named above b\mE
I
CMWD 98-1 01
061
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APPENDIX A
SCOPE OF WORK
Revised Proposal to Provide Environmental Services
Cove Drive to Hoover Street - CMWD Project No. 98- 10 1
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Task I: Project /nitiation and Kick-Off
During this task, the DUDEK project manager will meet with CMWD staff and City of Carlsb;
staff as appropriate to review the available project materials and verify that all parties have
common and thorough understanding of the proposed project and alternatives. As part of ths tas
DUDEK will obtain mapping from CMWD and will acquire aerial photographs of the study area
appropriate. We also will obtain and review the previous available environmental documentation f
the improvements, and for projects in the vicinity. At the conclusion of this task, DUDEK will dra
a technical memorandum documenting the project description and alternatives to be analyzed in tl
environmental documentation in order to ensure that all team members have a commc
understanding of the definition of the proposed project and alternatives. The technicalmemorandu
will document our assumptions regarding the level of disturbance anticipated for the proposl
improvements and alternatives, including temporary and permanent grading impacts, as well
construction staging areas.
Task 2: Conduct field Suwey 8~ Wetland Delineation
During this task, DUDEK biologists will conduct a one-day field survey of the proposed alignme
areas, reviewing the study area in the context of any previous environmental mapping a
documentation and recent aerial photographs. A field vegetation map will be compiled
topography to be supplied by CMWD. The field map willinclude anecdotal observations of sensitj
species. A formal wetland delmeation wd be conducted in the impact area in accordance with t
guidelines of the Corps and the federal Clean Water Act. At the conclusion of thus task, the DUD:
project manager WLU meet with CMWD and City staff as appropriate to review the results of t
field investigation. The need for focused surveys for sensitive species also will be discussed based
the results of the field visit. If it is determined that focused surveys are needed, the appropri,
timing of surveys will be discussed based on seasonal requirements. Because the scope of thl
surveys wdl not be known until the resource agencies have been briefed, these costs are not incluc
at ths time.
Appendix A 298000
A C.llf.rml. C6ttwatIu N ovember 19,1998
0 0
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98-1 0 1
As appropriate, during ths task DUDEK staff will meet in the field with representatives of CMWD,
the City of Carlsbad and resource agency staff. The purposes of the field visits wlll be to review
findings, determine if additional focused surveys are required, discuss methods to avoid and minimize
impacts to the maximum extent feasible, and evaluate potential mitigation techmques for impact:
that cannot be avoided. Up to three field meetings are included in the scope of work.
Task 3: Prepare Biofogid Resources Technic?/ Report
Based on the information assembled during Task 2, and any additional survey work or focusec
surveys that maybe required (but that are not apart of this proposed fee), DUDEK will prepare i
stand-alone Biological Resources Technical Report suitable for inclusion as an Appendix to futurc
CEQA documentation or resource agency permit applications if these are necessary. The Biologica
Resources Technical Report will consist of text, graphics and appendices and will document surve;
methods and results, discuss existing conditions in both a local and regional context, quantify direct
indirect and cumulative impacts for the proposed project and alternatives, and recommend mitigatior
measures as appropriate. The mitigation recommendations may include description of constructio~
techniques, such as micro-tunneling, that could be used to minimize or avoid impacts. Seasona
issues related to construction du-ring the breeding season also will be discussed as appropriate
Detailed mitigation plans, such as might be required for resource agency permits, are not includec
in ths task. The report also will describe the relationship and consistency of the proposed projec
impacts and mitigations to the Carlsbad HMP and other regional resource planning efforts. 1
separate wetland delineation report will be prepared and appended to the Biological Resource
Technical Report to facilitate potential future resource agency permitting efforts if these ar
necessary.
Task 4: Prepare EnvironrnenLd Documen&tion
During this task, DUDEK biologists and environmental analysts will prepare draft environment:
documentation for the proposed project. It is assumed that CMWD wdl be the lead agency for th
CEQA documentation and that an MND will be determined to be the appropriate form for th
environmental documentation. The City of Carlsbad wdl be a responsible or co-lead agency and wi
be responsible for oversight, review and approval of the draft document prior to public revier
distribution. The MND will be prepared in accordance with CEQA Section 15070 of the City c
Carlsbad CEQA guidelines. It is assumed that, with the exception of the additional projec
description and biological information to be assembled as part of Tasks 1-3, sufficient environment(
information exists from previous studies to complete the MND and no new technical studies suc
as cultural resources, noise, or traffic will be required.
Appendix A 298000-3
A CdlJernr. Carpra1.n November 19,1998 P
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North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98- 10 1
Our scope of work includes preparation of up to two screencheck draft MNDs prior to distributior
for public review. DUDEK will meet with CMWD, i€ necessary, to obtain comments on th(
screencheck draft MND. DUDEK will prepare final copies OF the Draft MND and appendices €0
public review distribution by CMWD. DUDEK will assist CMWD in preparing the public notice fo
the MND and the public review distribution list. Our scope of work assumes two rounds of revision
to the MND prior to public review.
The proposed scope and cost estimate assumes DUDEK will submit the Following For the Draft MNI
prior to the start OF the public review period:
e Two copies OF screencheck MND and appendices in response to CMWD comment$
e Fifty (50) copies of the Draft MND/Initial Study and appendices for public reviec
e One reproducible master copy of all documents;
e Any related technical data or studies generated in conjunction with preparation of th
distribution;
Initial Study/MND. - "
Following public review, DUDEK will prepare draft responses to all comments received during th
public review period. DraFt responseswill be submitted to CMWD for review and comment, DUDE:
will incorporate comments of CMWD into the Final MND. For budgeting purposes, preparation c
responses to a maximum of 75 individual comments has been assumed. (A single letter may contai
numerous individual comments). DUDEK will prepare necessary copies of the Final MND fc
distribution by CMWD. One reproducible master of the Final MND wdl also be provided to CMWI
Tasks: Develop Pemitting Strategies Prepare ResourceAgency Pemit Appliatio/:
and Permit Processing
During this task, DUDEK staff will prepare a flow chart documenting permit requirements for t€
project based on information gathered during Tasks 1-4. From this flow chart, an overall perm
strategy and timeline wdl be selected based on the overall objective of reducing and streamlinir
permit requirements. The permit strategy wd be reviewed with CMWD and City of Carlsbad stal
and with resource agency staff as appropriate.
DUDEK wd prepare an Individual Permit application in accordance with Section 404 of the fedel
Clean Water Act for the Corps of Engineers and an application for water quality certification
waiver for the Regional Water Quality Control Board (RWQCB) in accordance with Section 404
the Clean Water Act For impacts associated with the project. Preparation of the Individual Perm
application will include development of a statement of purpose and need, analysis of alternativc
Appendix A 2980004
d Call/.rnia Catpr#lla. N ovember 19,1998
0 0
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98- 10 1
analysis of proposed impacts to waters of the U. S. and wetlands, assessment of the quality o
wetlands to be impacted, identification of mitigation requirements, regulatory coordination an(
meetings. A draft permit application and certification/waiver application will be submitted to yo1
for your review. DUDEK then will make any necessary changes and submit the applications to th,
Corps and RWQCB. DUDEK anticipates that the permits will be processed over approximately twc
months.
At this time, a separate application to the California Department of Fish and Game under Sectiol
1600 of the Fish and Game Code is not anticipated. Also please note that this proposal does no
include processing of additional regulatory permits including possible federal or state endangerel
species act permits. The permit applications wJl be based on the materials generated during Task
1-4. If it is determined that detailed mitigation plans are required for the permit applications, th
scope and approach for such plans will be developed during thls task and are not included in our cos
proposal.
Task 6: Preparing and Processing Coastal Development Pernit
Since the Agua Hedionda Lagoon area was deferred certification and is not included within the Cit
of Carlsbad Local Coastal Program (LCP), a Coastal Development Permit (CDP) must be obtaine
from the California Coastal Commission (Commission). DUDEK staff will prepare an applicatio
for a CDP, including a description of the proposed development, identification of adjacent propert
owners, and analysis of project consistency with relevant Coastal Act policies, taking into accour
proposed mitigation. This task includes assembly of the application materials in accordance wit
Coastal Commission requirements, including all public noticing materials. DUDEK assumes th;
preparation of the application will require 150 hours and that processing will require 40 hours. .
draft CDP will be submitted to you for your review. DUDEK will then make any necessary changc
and submit the application to the Commission.
It should be recognized that timing for processing the CDP is dependent on the Commission schedu
of twelve (12) meetings per calendar year. This scope of work assumes that only one hearing will 1
necessary.
Task 7: Projecf Management and Coordination
As part of ths task, the DUDEK project managerwill be responsible for regular communications wii
CMWD and City of Carlsbad staff regarding the status of work tasks, decisions to be made and issu
to be resolved.
-
Appendix A 298000-E
ovember 19,1998 A A Cdtf*m. C.rpr#fl.s N
0 e
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98-1 01
Task 8: Endangered Species Surveys and Section 7 Permitting (Optionag
Construction OF the project could require surveys to determine the presence of and permitting for thc
following federal and/or state listed endangeredwildlife species: California least tern, western snoy
plover, light-footed clapper rail, and Belding’s Savannah sparrow. The need for surveys will bc
determined upon review of previously assembled data such as the California Natural Diversity Dat(
Base and during our field visit with the wildlife and other permitting agencies. If surveys are requirec
to determine the potential for the project’s effect on these species, these would occur as follows:
California least tern, western snowy plover and Belding’s Savannah sparrow could be
conducted concurrently - eight visits between approximately April 15 and June 30.
Light-footed clapper rail - three evening visits at high tide.
We have budgeted a total of 55 hours of field time to complete the surveys and 45 hours to prepar
biological technical reports and process those permits.
e
Although the project is within the distributional range of other listed threatened or endangere
species such as Pacific pocket mouse and California gnatcatcher, our review of field conditions an
project information suggests that these species wd not be an issue and they are not addressed in th
proposal. If for unforeseen reasons the wildlife agencies require surveys and/or permitting for thes
’ species, this will constitute additional work.
PROJECT SCHEDULE
Assuming timely receipt of all necessary project mformation, and timely review of screencheck drai
documents by CMWD and City of Carlsbad staff, DUDEK anticipates completing the work outline
in Tasks 1-5 within 10-26 weeks of receipt of a notice to proceed as described below. Ths includc
initial distribution of the draft MND for public review and initial submittal of resource agenc
applications. Finalization of the MND and processing of resource agency permit applications w:
be in accordance with agency scheduling constraints following the initial 12 week work effort. It
anticipated that the data base developed during Tasks 1-3 wd be completed with 5-7 wee1
following receipt of a notice to proceed. The timing could be extended if focused surveys for sensitil
species are required. Upon selection, DUDEKlooks forward to working with CMWD staff to develc
a detailed project schedule during Task 1 of the work effort.
Appendix A 2980004
A c.ltl.r~r. Corpw#zl,. N ovember 19,1998 I
e 0
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98- 10 1
ACTIVITY WEEK
Task 1 -
Task 2 -
Task 3 -
Task 4 -
Task 5 -
Task 6 -
Task 7 - '
Task 8 -
Project Initiation & Kick-Off
Field Survey &Wetland Delineation
Biological Resources Technical Report
Environmental Documentation
Permitting Strategies & Processing Applications
Coastal Development Permit Preparation and
Processing
Project Management & Coordination
Endangered Species Surveys and Section 7
Permitting (Optional)
0
3
5-7
10
10-26
10-26
Throughout Project
e
Appendix A 298000-
November 19,1998 A C.lll..",. co,,*r,r1..
0 0
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98- 10 1
Processing:
Principal 1 hour 5130.00
Planner I11 25 hours 1,875.00
Planner I 25 hours 1,375.00
Administrative 16 hours 880.00
Sub-Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,260.00
Total, Task 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,300.00
Task 5: Wetland Permitting
Project Principal 2 hours $260.00
Senior Project Manager 20 hours 2,300.00
Planner V 75 hours 5,625.00
GIS Technician 20 hours 1,500.00
Analyst 30 hours 1,350.00
Administrative 10 hours 550.00
Total, Task 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,585.00 -
Note: Budget does not include preparation of detailed mitigation plans,
necessary.
Task 6: Coastal Development Permitting
Project Principal 2 hours $260.00
Scientist/Planner I11 80 hours 6,000.00
GIS Technician 20 hours 1,500.00
Analyst 60 hours 2,700.00
Administrative 25 hours 1,375.00
Total, Task 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,835.00
Task 7: Project Management and Coordination
Senior Project Manager 10 hours
Analyst 10 hours
To tal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1,150.00
450.00
$1,600.00
Appendix B 298000;
1 C.lIf.."t. c.vprn1.. November 19,1998
0 0
APP€NDiX B
COST ESTIMATE
Revised Proposal to Provide Environmental Services
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98-1 01
Task 1: Project Initiation and Kick-Off
Senior Project Manager 4 hours $460.00
Planner I11 4 hours 300.00
Analyst 4 hours 180.00
GIS Technician 4 hours 300.00
Total, Task 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,240.00
Task 2: Field Survey g3 Wetland Delineation
Senior Project Manager 18 hours $2,070.00
Senior Biologist/Planner V 2 hours l90.00 -
Planner I11 4 hours 300.00
GIS Technician 10 hours 750.00
Analyst 18 hours 810.00
Total, Task 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,120.00
Task 3: Prepare Biological Resources Technical Report
Senior Project Manager 2 hours $130.00
Senior Biologist/Planner V 2 hours 190.00
Planner I11 8 hours 600.00
GIS Technician 10 hours 750.00
Analyst 24 hours 1.080.00
Total, Task 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,850.00
Task 4: Environmental Documentation
MND Preparation:
Principal 2 hours
Planner 111 30 hours
Planner I 30 hours
Administrative 16 hours
Sub-Total .................................
$260.00
2,250.00
1,650.00
880.00
. $5,040.00
Appendix B 2980004
November 19,1998 1 I Clll~...,. C.r).rr!l..
0 a
North Agua Hedionda Interceptor Sewer Maintenance Access Road -
Cove Drive to Hoover Street - CMWD Project No. 98- 10 1
Task 8: Endangered Species Surveys and Section 7 Permitting (Optional)
Senior Project Manager 10 hours $1,150.00
Scientist/Planner 111 90 hours 6,750.00
Total ........................................ $7,900.00
TOTAL LABOR, TASKS 1 - 7 .......................... $42,530.00
Direct Costs ............................................ 3,000.00
GRAND TOTAL ...................................... $45,530.00
The total estimated labor cost for Tasks 1 - 7 is $42,530.00. All work would be billed on a time an
materials basis in accordance with our 1999 Schedule of Charges. As shown on the Schedule c
Charges, direct costs would be billed at cost plus 15%. For this assignment, direct costs includin
mileage, photography, volume reproduction and printing are estimated to be $3,000.00. We wouI
be happy to discuss our cost estimate in detail. e
Appendix B 2980004
A C.lt{rnl. C~r,w*rlos N ovember 19,1998
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I& ASSOCIATES. ZNC. I
ci,{,;;h~~~,qj;,l~ -7. 1'1 >*.,-!!i' ' >x3 J!CES Project Manager ................................................. $ 110.00/hr Associate Engineer ............................................ $ 95.00/hr
Assistant Engineer I ........................................... $ 85.00/hr Staff Engineer (SE2) .......................................... $ 75.00/hr Staff Engineer (SEI) .......................................... $ 65.00/hr Staff Engineer (SE) ............................................ $ 60.00/hr Engineering Assistant ........................................ $ 55.00/hr
Planning Project Manager .................................. $ 95.00/hr Senior Planner ................................................... $ 75.00/hr Project Planner ................................................... $ 65.00/hr Research Planner ............................................... $ 55.00/hr Assistant Planner ............................................... $ 50.00/hr Planning Technician ........................................... $ 45.00/hr Planning Drafter ................................................. $ 45.00/hr
31 SURVEYING Professional Land Surveyor .............................. $ 100.00/hr Field Supervisor ................................................ $ 85.00/hr
Survey Analyst .................................................. $ 80.00/hr 1-Person Survey Crew ....................................... $ 65.00/hr 2-Person Survey Crew ....................................... $ 130.00/hr
3-Person Survey Crew ....................................... $ 170.00/hr
$: i3RAFTiNGiGADD SERVIGES GIs Technician ................................................... $ 75.00/hr CADD /Designer 111 ............................................. $ 75.00/hr CADD /Designer II .............................................. $ 70.00/hr
CADD Drafter I ................................................... $ 65.00/hr CADD Operator II ................................................ $ 60.00/hr CADD Operator I ................................................. $ 55.00/hr Assistant Designer Drafter .................................. $ 50.00/hr
m MATERIALS TESTING SERVICES
Materials Testing Manager I ................................ $ 85.00/hr Materials Testing Manager II ............................... $ 80.00/hr
Senior Lab Tech I ............................................... $ 45.00/hr Senior Lab Tech II .............................................. $ 35.00/hr Lab Tech I .......................................................... $ 30.00/hr
Lab Tech II ......................................................... $ 25.00/hr Clerical / Admin ................................................. $ 25.00/hr
"AN?!lY.IG
FAClLtTATlON AND CONFLICT MANAGEMENT SERVICES Associate Mediator/Facilitator ............................. $ 85.00/hr Conflict Management Specialist ......................... $ 75.00/hr Meeting Notetaker .............................................. $ 45.00/hr
Principal ............................................................ $ 145.00/hr
Associate Hydrogeologist .................................. $ 95.00/hr Hydrogeologist IV .............................................. $ 85.00/hr Hydrogeologist 111 ............................................... $ 65.00/hr Hydrogeologist II ................................................ $ 55.00/hr Hydrogeologist I ................................................ $ 45.00/hr Environmental Engineer II .................................. $ 80.00/hr Technician ......................................................... $ 35.00/hr
HYDROGEOLOGICAL SERVICES
Senior Hydrogeologist Project Manager ............. $ 120.00/hr
EYjIRONMENIAL SENlCES
Senior Project ManageriScientist ....................... $ 1
ScientisVPlanner VI ............................................ $ 1
ScientisVPlanner V ............................................. !$
ScientisVPlanner IV ............................................ $
ScientisVPlanner 111 ............................................ $
ScientisvPlanner II ............................................. $
ScientisVPlanner I .............................................. $ Analyst ............................................................... $
Research Assistant ............................................. $
cmsTweTm MANAGEMENT SERV~CZS
Construction Manager ....................................... $ 1
Construction Engineer ....................................... $
Construction Inspector 111 ................................... $
Construction Inspector tl .................................... $
Construction Inspector I ..................................... $
DISTRICT MANAGEMENT i3 OPERATIONS
District Manager ................................................. $ 1 District Engineer ................................... $90.00 - $ Assistant District Manager .................................. $
District Secretary/Accountant .......... = ................ $ Grade IV Operator ............................................... $ Grade 111 Operator ............................................... $ Grade II Operator ................................................ $ Grade I Operator ................................................. $ Operator in Training ........................................... $ Laborer .............................................................. $
PRiNClPAL .......................................... $120.00 - $7
OFFICE SERVICES
Computer Processing ........................................ $
Clerical Administration ....................................... $
- ~ ~~ ~ ~" ~ ~~~ ~~~
FORENSIC ENGINEERING
Court appearances and depositions as expert witne!
billed at 1.5 times normal rates.
MATERIAL AND OUTSIDE SERVICES
Subcontractors, rental of special equipment, special repr
and blueprinting, outside data processing and compute1
etc., are charged at 1.1 5 times the direct cost
Mileage at 32 cents per mile. Per diem where ovemi!
involved is charged at cost.
TRAVEL EXPENSES
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ACORR.. CERTIFICATE Qc LIABILITY INSURANCE 9 DATE (
Ni
PRODUCER - THIS CERTIFICATE IS ISSUED A5 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.
- MICHAEL J. HALL 8 COMPANY NE INSURANCE SERVICES 19880 NE 7TH AVENUE SUITE D POULSBO WA 98370
I,
Agency Lic#: 0792445 I i COMPANIES AFFORDING COVERAGE
INSURED COMPANY A: CNA INSURANCE COMPANY
DUDEK 8 ASSOCIATES INC 605 3RD STREET ,COMPANY c: KEMPER ENCINITAS, CA 92024 i COMPANY D:
~ COMPANY E:
,COMPANY B: HARTFORD
1 I COVERAGES ~~ ~ ~~
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED, NOTWlTHSTANDlNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RES1 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPEOFINSURANCE ’ POLICY NUMBER ’ POLICY EFFECTIVE DATE (MWDDm) j ~ DATE (LIMIDDM) POLICY EXPIRATION i LIMITS
j GENERAL LIABILITY I 52SBKLEOll2 I AUG 28 98 1 AUG 28 99 1 EACH OCCURRENCE 1s n, x COMMERCIAL GENERAL LIABILITY , CL\!.s!!AS MACE lx OCCUR I3 E
- GEN’L AGGREGATE LIMIT APPLIES PER:
POLICY II PRC- JECT n LoC
AUTOMOBILE LIABILITY - x ANYAUTO - ALL OWED AUTOS - - SCHEDULED AUTOS
”
=I , x HIRED AUTOS
x NON-OWED AUTOS
i 1 I
t FIRE DAMAGE (Any One Fire) /S
, !.!ED. EX? (Any One Pemcn:
PERSONAL 8 ADV INJURY
GENERALAGGREGATE
PRODUCTSCOMPlOP AGG.
‘w
1
52UENGK6404 i AUG2898
COMBINED SINGLE LIMIT AUG 28 99
(Ea accident) f
I I I BODILY INJURY (Per person) f m BODILY INJURY (Per accident)
1 PROPERW DAMAGE If I GARAGE LIABILITY
OTHER THAN E4ACC -
$ AUTO ONLY - EA ACCIDENT
f
AGG f
EXCESS LIABILITY f EACHOCCURRENCE
OCCUR CCAIMSMADE AGGREGATE f m INCL 0 f
- ANY AUTO
AUTO ONLY:
A DEDUCTIELE a EXCL
RETENTION $ I I I - I WORKERS COMPENSATION AND EMPLOYERS LIABILITY 7CWOS33000 OTH W2 STATU- AUG 28 99 AUG 28 98 LIMITS FR
m f E.L. EACH ACCIDENT lr i I i I I E.L. DISEASE-E4 EMPLOYEE
E.L. DISEASE-POLICY LIMIT If
S
3,000,000 AGGREGATE
HEDIONDA INTERCEPTOR SEWER MAINTENANCE ACCESS ROADKOVE DRIVE TO HOOVER STREETCMWD PROJECT NO. 98-101. C
LITY POLICIES AS RESPECTS TO WORK DONE BY OR ON BEHALF OF THE NAMED INSURED. SEE FORM CG 20 DISTRICT AND THE CITY OF CARLSBAD ARE ADDITIONAL INSUREDS ON THE COMMERCIAL GENERAL LIABILll
CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CA 920084893
0 0
POLICY NUMBER: 52SBKE0112 COMMERCIAL GENERAL LlABlL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization; CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL CARLSBAD, CA 92008-8893
(If no entry appears above. information required to complete this endorsement will be shown ir Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the personor orgarriz: shown in the Schedule, but only with respect to liability arising out of "your work' for that insure or for you
CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984
"-8 9, .YYV i."i." .. -, " .. , 0 0
W. WfAL $CURAM
W. NEAL SCHRAM
ATTOQNEI AT LAW
La dCc~n SHOEE~ ecaZA
2223 nvENlOA OC LA PCPYP SUITE ZC2
UI. JOLLP. CALIFORNIA 92037
:e SI 4s;
TCLEF-
FA
,619; AS:
June 11, 1992 ,r .''_ .- ._ - .. . - VIA FACSIMILE 73 i '.- .. - ti
4& ,?j - '",d d/ i
Mr. Frank Dudek Dudek & Associates, Inc.
605 Third Street Encinitas, Califarnia 92024
- - r 'JU"' i.2- p3
i. ';i
Dear Frank:
1 am enclosing Page 7 of the Bylaws of Dudek C Associates, Inc. for your use.
With respect to your implied power under California la& to bine Dudek C Associates to contracts with governmental agencies, please be advised that as President of Dudek h Associates anc
as its general manager, you have the power to superintend anc conduct all corporate business, and have the authority to makc any contract or do any other act appropriate in the ordinaq
There is ample authority for this notion, not the least 01 which is Memorial Hospital Association v. Pacific Grape Growers Company (1955) 45 C.2d 634.
I authorize you to disclose the contents of this letter or this letter itself to any party who may question your implied anc direct powers, as President of Dudek t Associates, Inc.
. course of the business of Dudek & Associates.
Sincerely,
@-gtGtGL
W. Neal Schram
WNS: jd Enclosure
.I", ; - " . I. "" ~.._".,_ .. .. -
0 e
Section j. VACL4NCIES. A vacancy in any office be-
cause of death, resignation, removal, disqualification or any
other cause shall be fllled in the manner prescribed in the B
Laws for regular appointaents to that office,
Section 6. CHAIWV OF THE BOARD. The Chairman of
the Board, if such an officer be elected, shall, if present,
side at meetings of the Board of Directors and exercise and p fom such other powers and duties as may be from time to time assigned by the Board of Directors or prescribed by the By-La If there is no President, the Chairman of the Board shall in addition be the Chief Executive Officer of the corporation an
shall Rave the powers and duties prescribed in Section 7 of
this Article 111.
Section 7. PRESIDENT. Subject to such supervisory
powers, if any, as may be given by the Board of Directors to
Chairman of the Board, if there be such an Officer, the Presi
dent shall be the Chief Executive Officer of the corporatxon
shall, subject to the control of the Board of Directors, have general supervision, direction and control of the business an
Office'rs of the corporation. He or she shall preside at all
meetings of the Shareholders and in the absence of the Chairm of the Board, or if there be none, at all meetings of the Boa of Directors. The President shall be ex officio a member of
the standing committees, including the Executive Commrttee, i any, and shall have the general powers and duties ofaanageme usually vested in the office of President of a corporation, a
the Board of Directors or the By-Laws. /- shall have such other powers and duties as may be prescribed
Section 8. VICE PRESIDENT. In the absence or= dis-
ability of the President, the Vice Presidents, if any, in ordl of their rank as fixed by the Board of Directors, or if not ranked, the Vice President designated by the Board of Directo:
shall perform all the duties of the President, and when so ac shall have all the powers of, and be subject to, all the rest. tions upon, the President. The Vice Presidents shall have su, other powers and perform such other duties as from time to til may be prescribed for them respectively by the Board of Direc, or the By-Laws.
Section 9. SECRETARY. The Secretary shall keep, 0;
cause to be kept, a book of minutes at the principal office 0;
such other place as the Board of Directors may order, of a11
meetings of Directors and Shareholders, with the time and plac of holding, whether regular or special, and if special, how
authorized, the notice thereof given, the names of those presc at Directors' meetings, the number of shares present or repre. sented at Shareholders' meetings and the proceedinqs thereof.
-7-