HomeMy WebLinkAboutDudek & Associates Inc; 2005-11-18;RATIFICATION OF AMENDMENT NO. 5 TO EXTEND THE AGREEMENT
FOR POST CONSTRUCTION SERVICES FOR THE CROSSINGS AT CARLSBAD
GOLF COURSE, CITY PROJECT NUMBER 39722
Dudek Engineering + Environmental, Inc.
This Ratification of Amendment N0.L is entered into &l&&h+ ag ,
2003, but effective November 17 , 2008, extending the bnderlying Zitial agreement
between the Parties dated November 18, 2005 (the "Agreementn) by and between the
Carlsbad Public Financing Authority, a joint powers authority, ("CPFA), and Dudek Engineering
and Environmental, Inc., ("Contractor") (collectively, the "Parties").
RECITALS
A. On October 17, 2006, the Parties executed Amendment No. 1 to the original
Agreement dated November 18, 2005 to include additional environmental services for the
Project; and
B. On June 14, 2007, the Parties executed Amendment No. 2 to the Agreement to
include additional environmental services and to extend the contract period an additional year
for the Project; and
C. On November 8, 2007, the Parties executed Amendment No. 3 to the Agreement
to include additional environmental services for the Project; and
D. On August I, 2008, the Parties executed Amendment No. 4 to the Agreement to
include additional environmental services and to extend the contract period an additional year
from November 8, 2007 for the Project; and
E. The Agreement, as amended from time to time expired on November 18,2008
and Contractor continued to work on the services specified therein without the benefit of an
amendment.
D. The Parties desire to ratify the amendment extending the term of the Agreement,
and any amendments thereto, for a period of one (1 1 year , ending on November 18,2009.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CPFA and Contractor agree as follows:
Amendment No. 5 to the Agreement, is hereby retroactively approved and the
Agreement is hereby extended for a period of one (1 vear, ending on November 18, 2009.
All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #04.11 .O1
. 4. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
*El\#.
bign here)
Dudek
June Collins
(print n#k$imsiden*
z~a\\\b~ra ho&~k. CO-
(e-mail addEss) P
KY~OS~ LdL
(e-mail address)
Chairman of the Board
ATTEST:
If required by CPFA, proper notarial acknowledgment of execution by contractor must be
attached. If a Cor~oration, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R+Wit$, Special Counsel to the Board
A
By:
Special Counsel
City Attorney Approved Version #04.11 .O1
AMENDMENT NO. 4 TO AMEND AGREEMENT FOR POST CONSTRUCTION
ENVIRONMENTAL SERVICES FOR THE CROSSINGS
AT CARLSBAD GOLF COURSE, CITY PROJECT NUMBER 39722
WITH DUDEK AND ASSOCIATES
ent No. 4 is entered into and effective as of the /@ day of
, 2008, extending and amending the agreement dated November
ement") by and between the Carlsbad Public Financing Authority, a joint
powers authority, ("CPFA), and Dudek and Associates, Incorporated, ("Contractor")
(collectively, the "Parties") for The Crossings at Carlsbad Golf Course ("Project").
RECITALS
A. On October 17, 2006, the Parties executed Amendment No. 1 to the original
Agreement dated November 18, 2005 to include additional environmental services for the
Project; and
B. On June 14, 2007, the Parties executed Amendment No. 2 to the Agreement to
include additional environmental services and to extend the contract period an additional year
for the Project; and
C. On November 8, 2007, the Parties executed Amendment No. 3 to the Agreement
to include additional environmental services for the Project; and
C. The Parties desire to alter the Agreement's scope of work to include additional
post construction environmental services; and
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A.
CPFA will pay Contractor for all work associated with those services described in Exhibit "A on
a time and materials basis not-to-exceed sixty thousand, five hundred and fifteen dollars
($60,515). Contractor will provide CPFA, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval
by CPFA.
2. Contractor will complete all work described in Exhibit "A by November 18, 2008
or as may be extended by CPFA serving the interests of the Project.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
City Attorney Approved Version #05.22.01
1
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
5. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
/
(print nameltitle)
-SBacQekd&k .~BW
(e-mail address)
&,&&\
\(sign here) June Colllns
Secretary
(print namel~k
' \ CO\~\MS @ &uJLc\L. . cc b-
(e-mail address)
CARLSBAD PUBLIC FINANCING
AUTHORITY, a joint powers authority
\I'
LIS~ HILDABRAND
CPFA Executive Director
ATTEST:
Secretary to the Board U
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Coworation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A. *Group 6.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-president 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, Special Counsel to the Board
By:
City Attorney Approved Version #05.22.01
2
EXHIBIT A
Scope ot Work
Ptoposcri to Perform Mhdbnemm Environmental Tasks
attheCrcwdngsOon~
Carisbad, California
I April 29,2008
This scope of work is to assist the City of Carfsbad (City) with various environmentally related
tasks at the Crossings Golf Course in Carlsbad, California. The tasks are Mbcd below.
Task 1. Preparation of Equivalency Finding
Dudek shall perform the necessary analysis in preQaring Equivalency Findings for removing a
small am from the Habitat Management Plan (HMP) lands and replacement with comparable
amage elsewhere. An abandoned SDG&E access road between Golf Holes No. 2 and 3 will be
removed from the HMP and replaced with equivalent acreage elsewhere on the golf course
property. The analysis will document the biological rt80urca present within the removal and
replacement acreage to demonstrate the equivalency finding. Dudek will locate appropriate
replacement acreage to add to the HMP to compensate for the acreage being removed. Included
in the analysis will be a discussion of the acreage being removed and replaced, and their relative
biological values as habitat. A figure or figures will be provided showing the location, size, and
configuration of the area being removed and replaced and their context within the golf course.
Dudek shall attend up to three local meetings with the City of Carlsbad and/or USFWS and
CDFG to discuss issues regarding the equivalency finding to remove the abandoned SDG&E
accas road area between Golf Hole No. 2 and 3 hm the HMP and replace it with equivalent
acmge elsewhere on the golf course pperty.
Task 2. Water Quality Monitoring Plan Revlslom
Dudek shall assist the City of Carlsbad in undemtadhg water quality issues at the site to
potentially modify the water quality monitoring plan for Thc Cmssings at Carlsbad Golf Course.
First, Dudek shall prepare a memo that discusses the rcqukments of the California Coastal
Commission (CCC) Coastal Development Permit with regards to water quality sampling, a
summary of the requirements of the 2004 PBtD Environmental Water Quality Monitoring Plan
(WQMP), and a summary of the sampling activities that have been completed, to date. The
memo will briefly discuss the results of the sampling activities and what actions were taken upon
idcntifmtim of exceedances of the limits listed in the 204 WQMP. The memo will also
discuss data gaps and future scheduled sampling events.
DUDEK
Mr. John Cahdl
Subject: Proposal to Pe+m Miscellaneous Envi- Tab at the Crossings Goy
course, carlsbuld, cal@mia
Next, Dudek shall prtpare a graph that presents the sampling mdts relative to key occumnces
at the golf course such as time periods of ktibtion. Tbe graph will also show maximum
baseline concentrations and applicable standards. Dud& assumes that infodon on the timing
of thr# key oammcat will be supplied.
The City has discussed a desire to modify the WQMP to elhiwe groundwater sampling and
consist of other monitoring activities. Dudek will supply the City with some information that
may help to make a case for modifying the WQMP and help the City decide how best to move
. forward. As such, Dudek will prepare a memo discussing reasons why, as appropriate,
pundwater sampling may not be necessary to assess the potential impact of chemical use at the
golf come on downstream surface water bodies. The memo will discuss the requirements of the
CCC permit and why groundwater sampling is not required to comply with the CCC permit
requirements. Thc memo will discuss the infinmarion contained in a golf course management
guidance document that is listed by the U.S. En-tal Protection Agency as a model
ordinance to pmtect local resources. The memo will also discuss types of standard operating
procedures and analyses that should be included in a future monitoring plan and a
recommedatim for a proposed sampling duration (year(s) following permit issuance or
construction completion).
Dud& shall then prepate a new water quality monitoring plan fw the Crossings at Carlsbad Golf
Course. Dudek will submit the draft plan to the City for review and one round of comments
prior to finalizing. The plan will include the following components:
Introduction, including regulatory background information
Basic infodon on environmemtal setting
A summary of baseline sampling activities and results
A sampling and analysis plan including sampling locations, sampling methods and
procedures, sampling frequency, analyses, and quality assurance.
Rcpoaing procedures including data evaluation proccduns, a list of threshold values,
reporting requirements, reporting schedule, and applicabk comcrive action rneasurcs.
Duddr~attenduptatbreclocalmcetingswitht8aCityaad/0ttEbeCCCstafftodiacvss
possible mdfidons to the WQMP and gain kir approval. Ihe proposal includes a#endance
atoneCoastalCommissionbcaringinSanDic~Countytorcprearenttechnicalesr ' d
issum associated with the City of Carlsbad Coassal Development Pennit AmeadmeaS. Sbdd
DUDEK
Mr. John CahiU
Subject: Proposal to Perfonn MisceIlaneous Envinmrncntal Tasks at the Crossings Go&
Course, Carlsbad, Wifornia
attendance at a Coastal Commission mecting out of the local San Diego County area be rcqukd,
an amendmeot will be required to cova additional unanticipated travel time and expense.
Task 3. Revised Open Space Easements
Coastal Conservation Ewemnts will be reviewed and Hunsakez will incorporate multiple AutoCAD
drawings provided by Dudek into the base file drawing to create an exhibit showing the existing
co~3~~atian easemnts and tbe habitat and mitigation areas identifW by Dudek for hole 18 and the Hole
2J3 emqency access road. Basad on the idonmion provided, Hunsalrcr will revise Coastal
Commission Consemtion Eesemnts and provide horizontal and area calculations based on shape film
providcd by Dudek, prepare exhibit plats and write metwr and bounds legal descriptions for twelve
diffaent areas. Hunsakcr will provide deed and document prepation fa the coastal commission
easement dommnts including deed mearch, processing deeds with the City, and coordination with Fit
American Title Coxnpany per tbeir proposal letter dated April 29,2008.
Task 4. Cowbird Report
Dudek shall prepare a 2007 trapping report to document the methods, results, and findings of the
brown-headed cowbird trapping program conducted at the Crossings Golf Course. The report
shall include a table of all brown-headed cowbirds captured, non-target birds by species captured
and released, and non-target bird mortality by species, if any, provide a summary of adult and
juvenile brown-hcaded cowbirds captured, and a discussion of the trapping effort in general. An
assessment of on-site brown-headed cowbird mpmdudve success shall be provided and
comlated to any observed on-site parasitism. A list of recommendations will also be discussed.
The report shall bc delivexed to the City in digital PDF format on compact disk media, along
with eight hard bound copies.
Task 5. Miscellaneous Contingency ltemr
Dudek shall perf- various miscellaneous environmentally-related items with the golf course
not covered under our contract to cover meetings to addtess easements, equivalency, and the crib
wall, at the request of the City of Carbid. A contingency budget of 20% of the total cost is
proposed to fund mi8cellaacous tasks. Funds from the contingency will not be expended without
prior approval of the City of Carlsbad.
DUDEK
Mr. John CahiU
Subject: Proposal w Pedonn MisceUaneous Environmental Tarh at the Crossings Gov
Course, Cadibad, Cal#bmia
Thc following dcliverables will be prepared and pvided as part of the scope of work.
Detaikd analysis text for the HMP modifications and eqqivalency mgs.
A figm or figures showing the HMP modifications.
Revised Watkr Quality Monitoring Plan
Revised open space conservation easement documents
2007 cowbird Report
DUDEK
Plopoar1 to Perform vWbU8 MhnWu8 Erivlm-l 1-
at the Cmdngs Odt Counre
carkl#d,CIlHfomb
April 29, 2008
A budgd of $60,515.00 is egtimated for labor, subconsultants, milcage, document produdon,
and color mproduction tbat will be required to complete the scope of work. All work will be
billed on a time and materials basis not to exceed the total con- value in accordance with the
Dudek Standard Schedule of Charges that is in-force at the time &ces are rendered. A copy of
our U)08 Standard Schedule of Charges is attached far your review. Additional dces beyond
this scope of work would be billed on a time and matc#.ials basis upon your written request and
aubrbation under the contingency budget. This scope of work and cost proposal remains valid
until July 3 1,2008.
Task 1 Equivalency Ftnding .................................................................. 1 1,051.00 ..................................................... Task 2 Water Quality Plan Revisions .$14,456.00
................................................. Task 3 Open Space Easement Revisions $23,262.00
.................................................... Task 4 2007 Cowbird Trapping Repott $1,660.00
Task 5 (20% Contingency) ..................................................................... $10,086.00 .... Grand Total ...... .HHI....U.W.H.H.H..UUYYM...W...W. ..... .. ". ......--.-$60$15.00
DUDEK
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AMENDMENT NO. 3 TO AMEND AGREEMENT FOR POST CONSTRUCTION
ENVIRONMENTAL SERVICES FOR THE CROSSINGS
AT CARLSBAD GOLF COURSE, CITY PROJECT NUMBER 39722
WITH DUDEK AND ASSOCIATES
ent No. 3 is entered into and effective as of the day of
, 2007, extending and amending the agreement dated November
ement") by and between the Carlsbad Public Financing Authority, a joint
powers authority, ("CPFA"), and Dudek and Associates, Incorporated, ("Contractor")
(collectively, the "Parties") for The Crossings at Carlsbad Golf Course ("Project").
RECITALS
A. On October 17, 2006, the Parties executed Amendment No. 1 to the Agreement
to include additional environmental services for the Project; and
B. On June 14, 2007, the Parties executed Amendment No. 2 to the Agreement to
include additional environmental services for the Project; and
C. The Parties desire to alter the Agreement's scope of work to include post
construction environmental services; and
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "An, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
CPFA will pay Contractor for all work associated with those services described in Exhibit "A on
a time and materials basis not-to-exceed fifty thousand dollars ($50,000). Contractor will
provide CPFA, on a monthly basis, copies of invoices sufficiently detailed to include hours
performed, hourly rates, and related activities and costs for approval by CPFA.
2. Contractor will complete all work described in Exhibit "A by December 31, 2007
or as may be extended by CPFA serving the interests of the Project.
3. All other provisions of the Agreement, as may have been'amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
5. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
City Attorney Approved Version #05.22.01
1
5. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
*By: \o\ \3\ ,R7
n
rin nam t~ (P J~~~R~~
Vice President
(e-mail address)
/'
avid W. Carter
(print nameltitle)
(e-mail address)
Secretary to the Board- w
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Cor~oration, 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, Special Counsel to the Board
By:
City Attorney Approved Version #05.22.01
EXHIBIT A
Scope of Work
City of Carlsbad
The Crossings Golf Course
Plant Installation Services
October 12,2007
This scope of work includes all transportation, labor, equipment, materials and supplies
required to install 6,995 container plants in the 6.86 acres of wetland mitigation in
Macario Canyon. Container plants shall be installed in accordance with the golf course
wetlands mitigation construction plans prepared by Dudek. Plant installation shall
include soil amendments, plant pit excavation, backfill, and initial irrigation. The total
cost of this work is $50,000. Container plant quantities by species shall be as shown in
the table below.
Botanical Name
Baccharis salicifolia
Platanus racemosa
Populus fremontii
Ribes speciosum
Rosa californica
Rubus ursirzus
Salix exigua
Salix gooddingii
Salix lasiolepis
Sambucus Mexicana
Vitis g irdiana
Total 6,995 -
Common Name
Mule fat
California sycamore
Fremont's cottonwood
Fushia-flowered gooseberry
California rose
California blackberry
Sandbar willow
Black willow
Arroyo willow
Mexican elderberry
Wild grape
Quantity
1,742
80
80
127
157
157
1,742
1,223
1,373
262
52
1 Size
1 -gallon
5-gallon
1 -gallon
1 -gallon
1-gallon
1 -gallon
1 -gallon
1 -gallon
1-gallon
1-gallon
1-gallon
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR POST
CONSTRUCTION ENVIRONMENTAL SERVICES FOR THE CROSSINGS
AT CARLSBAD GOLF COURSE, CITY PROJECT NUMBER 39722
WITH DUDEK AND ASSOCIATES
This Amendment No. 2 is entered into and effective as of the !w day of 0 A- , 2007, extending and amending the agreement dated November
18, 20@(the "Agreement") by and between the Carlsbad Public Financing Authority, a joint
powers authority, ("CPFA), and Dudek and Associates, Incorporated, ("Contractor")
(collectively, the "Parties") for The Crossings at Carlsbad Golf Course ("Project").
RECITALS
A. On October 17, 2006, the Parties executed Amendment No. 1 to the Agreement
to include additional environmental services for the Project; and
B. The Parties desire to alter the Agreement's scope of work to include post
construction environmental services; and
C. The Parties desire to extend the Agreement for a period of one (1) year.
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A.
CPFA will pay Contractor for all work associated with those services described in Exhibit "A" on
a time and materials basis not-to-exceed eight hundred sixty one thousand six hundred fourteen
dollars ($861,614). Contractor will provide CPFA, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by CPFA.
2. Contractor will complete all work described in Exhibit "A by Decerr~ber 31, 2007
or as may be extended by CPFA serving the interests of the Project.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
1
5. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment-
CONTRACTOR
Frank Dudek
n
(print nameltitl6-
fdudck ATTEST: a clod&
(e-mail address) #
**BY: LORR~INE M. WOOD // I I , Secretary to the Board
\\\\It IJ111, - \\+c .F w$'+ - =". *;;;6;.. .+ ; 5 - -.$..** *. (print nameltitle) - 333 ";.:.-p, s - = mi3 gj+_
q~3fxFeL_ - cn. .=- ~kc- 's&-~~,FoRt~.;"$~
(e-mail address) 5, 3 ....... '/ b;\\\'
'/1,,,,,,\\\"
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, Special Counsel to the Board
City Attorney Approved Version #05.22.01
DUDEK
CORPORATE OFFICE
605 THIRD STREET
ENCINITAS. CALIFORNIA 92024
T 760.942.5147 T 800.450.1818 F 760.632.0164
May 8,2007
EXHIBIT A
Mr. John Cahill
Municipal Projects Manager
City of Carlsbad
Recreation Department
1200 Carlsbad Village Drive
Carlsbad, California 92008
Subject: Revised Proposal for 2007 Monthly Biological Monitoring of the Diegan
Coastal Sage Scrub and Wetland Mitigation Areas for the Carlsbad
Municipal Golf Course, Carlsbad, California
Dear Mr. Cahill:
Per your request, Dudek is pleased to provide this proposal to assist the City of Carlsbad with the
biological monitoring and maintenance that is required for the Diegan coastal sage scrub and
wetland mitigation areas for the Carlsbad Municipal Golf Course. This revised proposal provides
monthly biological monitoring and maintenance services through the balance of 2007. In
addition to implementing the permitted mitigation program for the golf course project, this
proposal includes monitoring and maintenance of approximately 44.9 acres of coastal sage scrub
revegetation areas that are not currently being used as project mitigation.
This proposal provides for long-term biological monitoring and maintenance for all upland and
wetland mitigation areas as defined in the Revised Mitigation Plan Carlsbad Municipal Golf
Course (HDR, January 2005) and the City of Carlsbad Revised Golf Course Riparian Mitigation
Plan (P&D Environmental, December 2003), collectively referred to as the "Conceptual Plans".
The actual location and extent of mitigation areas to be monitored are shown on an as-built
drawing prepared by Dudek (2007) that shall be an exhibit to this agreement.
Dudek will perform mitigation monitoring services using our in-house staff of habitat restoration
specialists. Habitat Restoration Sciences, Inc. (HRS) will provide mitigation maintenance service
as a subconsultant to Dudek. For the purposes of this proposal, Dudek assumes that monitoring
and maintenance services will begin in April 2007 and extend to December 3 1,2007.
The habitat restoration services to implement a monitoring program will consist of qualitative
monitoring methods only. Qualitative monitoring will assess the rate of habitat development and
WWW DUDEK COM
Mr. John Cahill
Subject: Revised Proposal for 2007 Monthly Biological Monitoring of the Diegan Coastal
Sage Scrub and Wetland Mitigation Areas for the Carlsbad Municipal Golf Course,
Carlsbad, California
effectiveness of maintenance activities, identify potential threats to mitigation success, and
provide adaptive solutions that neutralize those issues to promote successful habitat restoration.
Quantitative monitoring will not be conducted until spring 2008 by a follow-on biological
consultant.
The scope of work provides for negotiation with the City of Carlsbad, California Department of
Fish and Game, and U.S. Fish and Wildlife Service to convert the coastal sage scrub revegetation
areas throughout the golf course to a mitigation bank that could be used for other City projects.
Dudek would monitor this acreage according the same success standards and schedule as the
coastal sage scmb mitigation areas on site. There are approximately 44.9 acres of coastal sage
scrub revegetation that can be negotiated for mitigation acreage from the resource agencies.
We look forward to working with you on this important City project. Please contact me at
760.479.4253 or by e-mail at msweesy@dudek.com if you have any questions.
Sincerely,
Michael Sweesy V
Senior Project Manager
/
Att: Exhibit 1, Scope of Work
Exhibit 2, Cost Proposal
Dudek 2007 Schedule of Charges
HRS 2007 Standard Schedule of Charges
cc: Skip Hammann, City of Carlsbad
George Litzinger, Dudek
Mark Girard, HRS
John Przybyszewski, Heinbuch Golf
Doug Gettinger, Dudek
Deb Maher, Dudek
DUDEK 4821 -00
May 2007 1
EXHIBIT I
Scope of Work
Revised Proposal for 2007 Biological Monitoring
of the Diegan Coastal Sage Scrub and Wetland Mitigation Areas
for the Carlsbad Municipal Golf Course, Carlsbad, California
May 8,2007
This scope of work is to assist the City of Carlsbad with Diegan coastal sage scrub (CSS) and
wetlands mitigation monitoring and maintenance in accordance with the Carlsbad Golf Course
Conceptual Mitigation Plans. The monitoring and maintenance protocol for upland mitigation and
revegetation areas will generally follow the procedures as outlined in the Revised Mitigation Plan
Carlsbad Municipal Golf Course (HDR, January 2005). Wetland mitigation maintenance will
generally follow the procedures as outlined in the Revised Golf Course Riparian Mitigation Plan
(P&D Environmental, December 2003).
Mitigation areas are identified in accordance with the As-Built Mitigation Plan (Dudek, 2007).
The work to be performed pertains to the following areas of the golf course parcel:
Upland mitigation areas that comprise 40.21 acres of the project mitigation for the golf
course project
Wetlands mitigation area that comprise 6.86 acres of the project mitigation in Macario
Canyon
As an optional task, upland revegetation areas comprising approximately 44.9 acres of the
golf course construction area, including 12.65 acres of original revegetation areas and 32.26
acres of areas seeded with CSS hydroseed mix A.
Monthly monitoring will be provided for the period from June 1,2007, until December 3 1,2007.
Monthly maintenance is assumed to be phased in over a two-month period as the installation
contractor completes its scope of work and HRS assumes long term maintenance responsibilities.
Annual report preparation and quantitative vegetation data collection are not included in this
proposal.
Task 1 Coastal Sage Scrub and Wetland Mitigation Monitoring
Dudek will conduct the required biological monitoring during 2007 for approximately 40.2 1 acres
of CSS mitigation as shown on the as-built habitat plan. The monitoring protocol will generally
follow the procedures as outlined in the Revised Mitigation Plan Carlsbad Municipal Golf Course
(HDR, January 2005).
EXHIBIT 1 (Continued)
Dudek will conduct the required biological monitoring during 2007 for 6.86 acres of wetland
mitigation located in Macario Canyon and as depicted on the revised wetland mitigation plans
prepared by Dudek (2007). Wetland mitigation monitoring will be conducted generally as outlined
in the City of Carlsbad Revised Golf Course Riparian Mitigation Plan (P&D Environmental,
December 2003).
Dudek and the habitat restoration contractor shall visit the mitigation areas on a monthly basis to
inspect the habitat restoration areas and to review maintenance work. Brief site observation reports
will be prepared and sent to the City and the habitat restoration contractor that list any maintenance
deficiencies and recommendations for remedial actions, as necessary. This proposal includes
monthly meetings with city staff to discuss issues related to the mitigation project status and
maintenance activities.
Task 2 RFP Scope of Work
Dudek will prepare a detailed scope of work that defines the balance of monitoring work
required for the 5-year monitoring period as required by the environmental permits. The scope of
work will build upon the monitoring program that is discussed in general terms in the approved
conceptual plans for uplands and wetlands mitigation. The scope of work will contain sufficient
detail for the City of Carlsbad to advertise for comparable competitive bids from biological
consulting firms with the goal of securing professional biological services for the balance of the
biological monitoring period.
This proposal includes a draft and final version of the professional services scope of work. One
review and comment cycle is included for City review.
Task 3 Resource Agency Permit Closeout
Dudek will meet with the resource agencies to close out any outstanding issues related to the as-
built condition of the golf course and mitigation areas. Up to two meetings will be conducted
with each of the following agencies: U.S. Army Corps of Engineers (ACOE), California
Department of Fish & Game (CDFG), and California Coastal Commission. Dudek will prepare
correspondence that is necessary to convey as-built conditions and to answer resource agency
questions. This proposal includes attendance at one Coastal Commission hearing.
Task 4 Resource Agency Negotiations for Additional Mitigation Credit
Dudek will coordinate and meet with CDFG, U.S. Fish and Wildlife Service (USFWS), and the
City of Carlsbad to negotiate mitigation credits for habitat establishment on approximately
44.9 acres of CSS revegetation areas within the golf course. Written documents and graphics
depicting these areas will be prepared to facilitate the discussion.
DUDEK 4821-00
May 2007
EXHIBIT 1 (Continued)
Task 5 Coastal Sage Scrub Revegetation Monitoring
Dudek will conduct the biological monitoring on 44.9 acres of areas designated as CSS revegetation
and golf course fescue and buffer areas that were converted to CSS. These monitoring areas are
depicted on the as-built drawings prepared by Dudek (2007), but are subject to revision based on the
negotiations with the resource agencies.
Dudek will perform monitoring during 2007 as described in Task I above and will oversee the work
of the habitat restoration contractor maintaining these new mitigation areas. Dudek and the habitat
restoration contractor shall visit these new mitigation areas on a monthly basis. Brief site
observation reports will be prepared and sent to the City and the habitat restoration contractor,
listing any maintenance deficiencies and making recommendations, as necessary.
Task 6 Monthly Mitigation Maintenance Services
HRS proposes to provide a full-time four-person crew in order to meet the success criteria for this
project during the contract period. A schedule of maintenance events is provided in Table 2 in
Exhibit 2. Maintenance for the upland mitigation areas is described below.
Coastal Sage Scrub Mitigation Maintenance
Maintenance services for CSS mitigation areas will occur over approximately 40.21 acres of the
golf course property as shown in the construction plans that were prepared by KTU+A and as
modified by the as-built plans prepared by Dudek (2007). Of the total CSS mitigation area to be
maintained, 30.12 acres consist of natural areas that are being converted from non-native
vegetation to CSS habitat. The remaining 10.09 acres of CSS mitigation area presently support
mature CSS vegetation. The areas of non-native vegetation conversion will receive full
maintenance activities to promote habitat establishment consistent with the performance criteria
that are approved for the project. The existing vegetation will receive a less intense maintenance
effort to maintain these areas in a weed-free condition while adjacent mitigation areas mature
and become self-sustaining. These two levels of maintenance intensity are reflected in our cost
proposal.
Maintenance services to be performed include weed control, trash removal, irrigation operation,
maintenance and repairs, cultivation, and other maintenance tasks that are essential to
maintaining the emerging habitat in a healthy and vigorous condition consistent with the ecology
of the CSS vegetation community and the individual species that comprise this vegetation type.
In October 2007, HRS will provide all labor and materials to install approximately 5,515
1-gallon container plants at the project site in accordance with the KTU+A plans. Plants will be
installed in accordance with the planting construction detail contained in the original landscape
DUDEK 4821-00
May 2007
EXHIBIT 1 (Continued)
construction drawings for the Carlsbad Municipal Golf Course. Plant locations shall be
determined in consultation with Dudek's biological monitor. If recommended by the biological
monitor, gopher and herbivore fencing can also be provided at an additional cost.
Task 7 Wetlands Mitigation Maintenance
Maintenance services for wetlands mitigation areas will occur in accordance with Table 2
(Exhibit 2) over approximately 6.86 acres of the golf course property on an unnamed drainage in
Macario Canyon, as shown in the construction plans that were prepared by Dudek and modified
by the as-built plans prepared by Dudek (2007). Buffer slopes that are adjacent to the wetlands
mitigation west of Hole 12 are included in the wetlands maintenance program.
Maintenance services to be performed include weed control, trash removal, irrigation operation,
maintenance and repairs, cultivation, and other maintenance tasks that are essential to
maintaining the emerging habitat in a healthy and vigorous condition consistent with the local
wetlands ecology and the individual species that comprise the riparian vegetation.
Task 8 Coastal Sage Scrub Revegetation Maintenance (optional)
Revegetation areas on approximately 12.65 acres of manufactured slopes within the golf course
have received the same CSS seed mix that is used for CSS mitigation areas. If the City of
Carlsbad is able to reach agreement with the wildlife agencies to obtain mitigation credit for
these revegetation areas, then a more intense maintenance program will be implemented to
promote CSS habitat that meets or exceeds the performance criteria for CSS mitigation. This task
provides for maintenance services that will generally follow the maintenance procedures in the
CSS conceptual plan. The intensity of maintenance is slightly lower than the services proposed
for mitigation areas because revegetation areas occur only on manufactured slopes where the
non-native seed bank was diluted or removed during construction. This reduced maintenance
effort is reflected in our cost proposal and the maintenance schedule is included in Table 2
(Exhibit 2).
Task 9 New Coastal Sage Scrub Areas (optional)
The slopes that border College Boulevard and other areas throughout the golf course as shown
on the as-built plans prepared by Dudek have received the CSS hydroseed mix A. The City
desires to maintain and monitor these areas for potential mitigation credits. There is a total of
32.26 acres of additional CSS revegetation area. This task provides for the maintenance services
to promote native vegetation growth mainly through weed control, trash removal, and irrigation
management. A schedule of maintenance events is shown in Table 2 (Exhibit 2).
DUDEK 4821-00
May 2007
EXHIBIT 1 (Continued)
Deliverables
The following deliverables will be prepared and provided as part of the scope of work:
Site observation reports with recommended maintenance andlor remedial measures following
each site monitoring visit. Site observation reports will be combined for wetland and CSS
mitigation areas. Reports will be delivered via e-mail as PDF documents. A total of nine
observation reports are included in this proposal.
Project documentation in the form of letters and reports that are needed for Resource Agency
Permit closeout and additional mitigation credit negotiations.
4821-00
May 2007
EXHIBIT 2
Cost Proposal
Revised Proposal for 2007 Biological Monitoring
of the Diegan Coastal Sage Scrub and Wetland Mitigation Areas
for the Carlsbad Municipal Golf Course, Carlsbad, California
May 8,2007
This cost proposal is for all labor, transportation, field supplies, document reproduction, and
color reproduction that will be required to complete the scope of work (Exhibit I). Table 1
summarizes the estimated costs associated with monitoring Tasks 1-5 as described in the scope
of work. This cost proposal remains valid until May 30,2007.
TABLE 1
Monitoring Services Cost Proposal Summary
An hourly breakdown of monitoring tasks is provided in Tables 2 and 3. All work will be billed
on a time-and-materials basis not to exceed the total contract value in accordance with the Dudek
2007 Standard Schedule of Charges. A copy of our 2007 Standard Schedule of Charges is
attached for your review. Additional services will also be billed on a time-and-materials basis
upon your written request and authorization.
Task Number
Task 1 2007 CSS and Wetlands Mitigation Monitoring
Task 2 Mitigation Monitoring Scope of Work
Task 3 Resource Agency Permit Closeout
Task 4 Resource Agency Negotiations for Additional
Mitigation Credit
Task 5 CSS Revegetation Monitoring
Total Estimated Cost
The costs associated with mitigation maintenance Tasks 6-9 to be performed by HRS, as a
subconsultant, include all labor, transportation, and materials required to complete the scope of
work. Table 4 summarizes the costs and schedule associated with each task described in the
scope of work.
DUDEK
Labor Costs
$31,110.00
$5,100.00
$26,520.00
$1 9,880.00
$1 5,270.00
$97,880.00
Direct Costs
$446.00
-
$500.00
$60.00
$330.00
$1,336.00
Total
$31,556.00
$5,100.00
$27.020.00
$1 9,940.00
$1 5,600.00
$99,216.00
EXHIBIT 2 (Continued)
TABLE 2
Mitigation Monitoring
Tasks 1-3: Detailed Cost Proposal
- v\ DUDEK
Task Description
April 2007 Mitigation Monitoring
May 2007 Mitigation Monitoring
June 2007 Mitigation Monitoring
July 2007 Mitigation Monitoring
August 2007 Mitigation Monitoring
September 2007 Mitigation Monitoring
October 2007 Mitigation Monitoring
November 2007 Mitigation Monitoring
December 2007 Mitigation Monitoring
4821 -00
May 2007
Senior
Project
Manager
RFP Scope Preparation
Construction Permit Close-out - All
Agencies
ENV
Scientist/
Planner IV
6
120
ENV
Scientist/
Planner I
Hourly Rate Total
Hours
30
18
18
18
18
18
74
18
26
$1 85
6
6
6
6
6
6
6
6
6
24
TOTAL
GIs Tech
I
10
Direct
Costs
$42.00
$42.00
$42.00
$42.00
$42.00
$42.00
$1 10.00
$42.00
$42.00
$1 30
8
8
8
8
56
8
8
28
180 8 I 446 1 $946.00 1 $62,730.00
Technical
Editor
COST
$3,670.00
$2,530.00
$2,250.00
$2,530.00
$2,250.00
$2,530.00
$9,530.00
$2,530.00
$3,290.00
$95
12
4
12
4
12
4
12
4
12
8
128
Word
Process
Clericall
Admin
$95
4
4
104
$1 05
4
6
12 4
$75
2
6
$65
40
I68 $500.00
$5,100.00
$26,520.00
EXHIBIT 2 (Continued)
TABLE 3
CSS Revegetation Monitoring
Tasks 4-5: Detailed Cost Proposal
4821 -00
May 2007
Task Description
Apr1l2007 CSS Revegetation Monitoring
May 2007 CSS Revegetation Monitoring
June 2007 CSS Revegetation Monitoring
July 2007 CSS Revegetation Monitoring
August 2007 CSS Revegetation Monitoring
-
September 2007 CSS Revegetation Monitoring
October 2007 CSS Revegetation Monitoring
November 2007 CSS Revegetation Monitoring
December 2007 CSS Revegetation Monitoring
Resource Agency Negotiations - Additional
Mitigation Credits
Direct
Costs
$42.00
$42.00
$42.00
$42.00
$42.00
$30.00
$30.00
$30.00
$30.00
$60.00
Cost
$2,550.00
$1,600.00
$1,320.00
$1,600.00
$1,320.00
$1,600.00
$1,320.00
$1,600.00
$2,360.00
$19,880.00
Senior
Project
Manager
$35,150.00 TOTAL
ClericallAdmin
8
Total
Hours
22
12
12
12
12
12
12
12
20
128
Env.
Scientistl
Planner IV
GIs
Tech I
Env.
Scientistl
Planner I
254 98
Word
Process
Hourly
$95
10
2
10
2
10
2
10
2
10
$185
2
2
2
2
2
2
2
2
2
80
$390.00 72 58
$130
8
8
8
8
8
8
24
$65
8
Rate
$95
2
8
$75
8
10 8
EXHIBIT 2 (Continued)
TABLE 4
HRS, Inc. Cost Proposal Summary
All maintenance work will be billed on a monthly, time-and-materials basis with a 5% contract
administration mark-up. A copy of the HRS 2007 Standard Schedule of Charges is attached for
review and incorporation into the final contract documents. Additional services beyond this
scope of work would be billed on a time-and-materials basis upon written request and
authorization by the City of Carlsbad.
Maintenance Services Exclusions and Assumptions
Task Subtotal Mitigation Tasks
1. The scope of work includes the performance of maintenance activities as described herein
and in the conceptual plans as applied to each mitigation type (CSS and wetlands). This
proposal does not include costs associated with the coordination of maintenance activities
beyond the scope of work that may be required during the course of each mitigation
project. Coordination andlor maintenance of the implementation of remedial activities will
DUDEK
Month
Phase 1 (31.16 acres), Phase 11 (26.83 acres), Phase 111 (15.00 acres)
and Planting Upland CSS Maintenance
# of
Maintenance
Events
$494,225.00
October includes container plant installation
Labor Costs
June
July
August
September
October
November
December
Wetland Mitigation Maintenance (6.86 acres)
2
2
1
1
2
2
2
$34,600.00
$528,825.00
$79,323.75
$638,556.19
July
August
September
October
November
. December
$72,260 .OO
$72,260.00
$36,130.00
$36,130.00
$132,925.00
$72,260.00
$72,260.00
Total Labor Costs
Direct Costs
Total Cost (with 5% mark-up)
2
1
1
2
2
. 2
$6,920.00
$3,460.00
$3,460.00
$6,920.00
$6,920.00
$6,920.00
EXHIBIT 2 (Continued)
be billed as an additional service on a time and materials basis in accordance with the HRS
2007 Standard Schedule of Charges.
2. HRS has reviewed the Conceptual Plans' requirements and adopted a maintenance program
and intensity that we believe is appropriate and within the spirit of the approved
Conceptual Plans.
3. This proposal does not include: water fees, permits, erosion control, and/or repairs to the
current irrigation system due to design deficiencies and/or vandalism.
4. This proposal does not include the treatment of fungi and other pest issues caused by golf
course operations.
Monitoring Services Exclusions and Assumptions
1. The scope of work includes the performance of monitoring activities as described herein
and in the conceptual plans as applied to each mitigation type (CSS and wetlands). This
proposal does not include costs associated with the coordination and monitoring of
remedial activities that may be required during the course of each mitigation project.
Coordination and/or monitoring the implementation of remedial activities will be billed as
an additional service on a time-and-materials basis in accordance with the Dudek 2007
Standard Schedule of Charges.
2. Dudek has reviewed the Conceptual Plans' requirements and adopted a monitoring
program and intensity that we believe is appropriate and within the spirit of the approved
Conceptual Plans. Any change to monitoring methods and activities as may be required by
one or more resource agencies that increases the field time necessary to complete the
additional work will be considered an additional service to the contract.
ADDITIONAL CONSTRUCTION MONITORING SERVICES
Additional services have been requested by the City of Carlsbad and performed by Dudek during
golf course construction in response to a variety of situations, including changed field conditions,
contractor activities and proposals, and the general progress of work being performed by the
contractor and subcontractors. These additional services are itemized in Table.5.
DUDEK May 2007
I b'
EXHIBIT 2 (Continued)
TABLE 5
Additional Monitoring Services
DUDEK
Additional Construction Monitoring (wetland creation grading monitoring [7 days],
additional hydroseed monitoring (two additional phases + four additional status
checks due to weather), additional vegetation clearing monitorinq [9 days])
Contingency Funds for Spot Re-Seeding of Mitigation Areas (these funds are to
pay for seed materials only to be held in reserve in case mitigation areas need to be
re-seeded to meet the required performance criteria)
4821 -00
May 2007
1 94
---
$1 8,980.00
$25,000.00
Totaf 1 905.35 $123,841.00
DUDEK
2007 STANDARD SCHEDULE OF CHARGES
Engineering Services
Project Director ................................................... $190.001hr
Program Manager .............................................. $180.00Ihr
Principal Engineer II ......................................... $170.0O/hr
Principal Engineer I ............................................ $160.OOlhr
Senior Project Manager ...................................... $1 5O.OOlhr
Project Manager ................................................ $3 5.00lhr
Resident Engineer .............................................. $1 30. OOlhr
Senior Engineer II ............................................... $125.OOIhr
Senior Engineer I ................................................ $120.0O/hr
Associate Engineer ............................................ 1 15.001hr
Project Engineer IV ................................. .. ... $110.001hr
Project Engineer Ill ............................................. $lOO.OOlhr
Project Engineer II ................................................ $95.OO/hr
Project Engineer I ................................................. $85.OOlhr
Field Engineer II .............................................. $05.001hr
Field Engineer I .................................................. $95.OO/hr
Engineering Assistant ........................................... $8O.OOlhr
Right-of-way Management Services
Principal ROW Manager ..................................... $1 65.OOlhr
ROW Project Manager ....................................... $1 35.OOlhr
ROW Senior Engineer ........................................ $120.OOlhr
ROW Engineer ................................................... $1 0.00lhr
ROW Technician ............................................ $0 0.001hr
ROW Research Analyst ........................................ $7O.OOlhr
Environmental Services
Principal .............................................................. $2OO.OOlhr
Senior Project ManagerISpecialist ..................... $1 85.001hr
Environmental SpecialistlPlanner VI .................. $1 60.001hr
Environmental SpecialistlPlanner V ................... $140.001hr
Environmental SpecialistIPlanner IV .................. $130.00/hr
Environmental SpecialisffPlanner Ill ................... $1 15.00lhr
Environmental SpecialisffPlanner II .................... $1 05.00lhr
Environmental SpecialisffPlanner I ....................... $95.00/hr
Analyst .................................................................. $8O.OOlhr
Planning Research Assistant ................................ $65.OOlhr
Construction Management Services
PrincipalIManager .............................................. $1 85.OOlhr
Senior Construction Manager ............................. $1 70.001hr
Senior Project Manager ...................................... $50.001hr
Construction Manager ........................................ $140.OOlhr
Project Manager ............................................... 135.001hr
Resident Engineer ............................................ $130.00/hr
Construction Engineer ........................................ $125.0Olhr
On-Site Owner's Representative ........................ $1 00.00lhr
Construction Inspector Ill .................................... $1 15.00lhr
Construction Inspector II ..................................... $1 05.OOlhr
Construction Inspector I ........................................ $95. OOlhr
Hydrogeological Services
Principal .............................................................. $1 9O.OOlhr
Practice Manager ............................................. $175.001hr
Sr . Environmental Engineer ................................ 175.00lhr
Sr . Hydrogeologisff Sr . Proj . Mgr ......................... $1 60.001hr
Project Manager ................................................. $140.OOlhr
Associate HydrogeologistlEngineer .................... $125.00Ihr
Hydrogeologist IVIEngineer IV ........................... $1 15.00lhr
Hydrogeologist IlllEngineer Ill ............................ $105.00/hr
Hydrogeologist I IIEngineer l l .............................. $95.00/hr
Hydrogeologist IlEngineer I .......................... ..... $85.00lhr
Technician ......................................................... .$7 5.OOlhr
District Management & Operations
District General Manager ................................... $1 65.00lhr
District Engineer ............................................... $140.OOlhr
District Manager ................................................. 135.00lhr
District SecretaryIAccountant ............................... $85.00/hr
Collections System Manager ................................ $85.OOlhr
Grade V Operator ............................................... $lOO.OOlhr
Grade IV Operator .............................................. $85.OOlhr
Grade Ill Operator ................................................ $75.OOlhr
Grade II Operator ............................................... $63.OOlhr
Grade I Operator .................................................. $6O.OOlhr
Operator in Training ............................................. $5O.OOlhr
Collection Maintenance Worker II ........................ $48.00/hr
Collection Maintenance Worker I ......................... $36.00/hr
Office Services
Technical/Drafting/CADD Services
3D Graphic Artist ......................... ... ........... $130.00Ihr
Senior Designer ............................................ $120.0O/hr
Designer ............................................................. $1 0O.OOlhr
Assistant Designer ............................................... $75. OOIhr
GIs Specialist IV ................................................ $130.OOlhr
GIs Specialist Ill ................................................. $1 15.OOlhr
GIs Specialist II ...................... .. ....................... $105.00Ihr
GIs Specialist I ........................... .. ..................... $95.OOlhr
CADD Operator II ................................................ .$9 0.OOlhr
CADD Operator I .................................................. $8O.OOlhr
CADD Drafter ....................................................... $75.OOlhr
CADD Technician ................................................. $6O.OOlhr
Surveying Services (Coachella Valley)
Professional Land Surveyor ............................... $1 50.001hr
3-Person Survey Crew ....................................... $225.OOlhr
2-Person Survey Crew ....................................... $1 95.001hr
I -Person Survey Crew ....................................... $1 05.001hr
Survey Analyst ................................................. $105.0Olhr
Asst . Survey AnalysffCADD Mapper .................... $75.001hr
Support Services
Technical Editor ................................................. $105.0Olhr
ComputerNVord Processing ................................. $75.00/hr
Clerical Administration .......................................... $65.OOlhr
Forensic Engineering . Court appearances. depositions. and
interrogatories as expert witness will be billed at 1.75 times
normal rates .
Emergency and Holidays . Minimum charge of 2 hours will be
billed at 1.5 times the normal rate .
Material and Outside Services . Subcontractors. rental of
special equipment. special reproductions and blueprinting. outside
data processing and computer services. etc., are charged at 1.15
times the direct cost .
Travel Expenses . Mileage at 48.5 cents per mile . Per diem
where overnight stay is involved is charged at cost
Invoices. Late Charges . All fees will be billed to Client monthly
and shall be due and payable upon receipt . Invoices are
delinquent if not paid within 30 days from the date of the invoice .
Client agrees to pay a monthly late charge equal to 1% per month
of the outstanding balance until paid in full .
Effective January 1. 2007
AMENDMENT NO. I TO AGREEMENT FOR ENVIRONMENTAL MONITORING SERVICES
FOR THE CARLSBAD MUNICIPAL GOLF COURSE, PROJECT NOS. 39721 -1,39721 -2 AND
39721 -3
(DUDEK &ASSOCIATES, INC.)
This Ame dment No. 1 is entered into and effective as of the an day of N6Jm 6~ , 200&, amending the agreement dated November 18, 2005 (the
"Agreement") by and between the CARLSBAD PUBLIC FINANCING AUTHORITY, a joint
powers authority, ("CPFA), and DUDEK & ASSOCIATES, INC. a California Corporation,
("Contractor") (collectively, the "Parties") for environmental monitoring services on the Carlsbad
Municipal Golf Course project.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the allowable
agreement amount by $150,000, for a total agreement amount of $500,000; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "An, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. CPFA will pay Contractor for all work associated with those services
described in Exhibit "A" on a time and materials basis not-to-exceed five hundred thousand
dollars ($500,000). Contractor will provide CPFA, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by CPFA.
3. Contractor will complete all work described in Exhibit "A by November 18,
2007.
4. All other provisions of the Agreement, as may have been amended from
time to time, All remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version M5.22.01
6. The individuals executing this Amendment 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 Amendment.
CARLSBAD PUBLIC FINANCING
AUTHORITY, a joint powers authority
By:
4 - President of the Board Frank J. Dudek
(print nameltitle) President
Bode Gc&uPelc.co.rr/
(e-mail address)
@gn here)
Dudek & Associates, Inc.
Secretaty toy Board
L&\C.C~ '\ CQ\\\C\~@ cQ
(e-mail address)
If required by CPFA, 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 6.
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 ofXcer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
AMENDMENT NO. 1 TO AGREEMENT FOR ENVIRONMENTAL MONITORING SERVICES FOR THE CARLSBAD
MUNICIPAL GOLF COURSE, PROJECT NOS. 39721-1, 39721-2 AND 39721-3
(DUDEK & ASSOCIATES, INC.)
City Attorney Approved Version #05.22.01
2
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
DUDEK 6 ASSOCIATES. IN .
2006 STANDARD SCHEDULE OF CHARGES
Engineering Services
Project Director .................................... $1 75.0Whr
Program Manager ............................... $165.00/hr
Principal Engineer II ............................ $155. Whr
Principal Engineer I ............................. $l45.00/hr
Senior Project Manager ...................... $135.00/hr
Project Manager .................................. $125.Whr
Resident Engineer ............................. $120.Whr
Senior Engineer 11 ............................... $1 15.001hr
Senior Engine* I ............................... $ 105.001hr
Project Engineer II ................................. $95.0O/hr
Project Engineer 1 ................................. $W.OO/hr
Field Engineer II .................................... $95.00/hr
Field Engineer I ..................................... $8OO0OIhr
Engineering Assistant ........................... $65.00/hr
Environmental Services
Principal ............................................... $175.OOIhr
Senior Project ManagerISpecialist ...... $150.OOlhr
Environmental ~~&list/~lanner VI ... S140.001hr
Environmental SPecialisUPlanner V .... $13 0.001hr
Environmental ~&ilis~~lanner IV ..:$12 0.0whr
Environmental SpecialistlPlanner 111 ... S110.001hr
Hydrogoological Services
Principal ................................................. $175.0Whr
Sr . HydrogeologistlSr . Project Manager $150.00/hr
Associate HydrogeologistlEngineer ...... $1 15.0Whr
Hydrogeologist IVJEngineer IV ............... $1 05.0Whr ................. Hydrogeologist IIIRngineer ill $95.00/hr
Hydrogeologist IIIEngineer ll ................... 985.001hr
Hydrogeologist IEngineer I ..................... $75.00/hr
Technician ................................................ 565.OWhr
District Management & Operations
District General Manager ....................... $155.001hr
District Engineer ..................................... $120.001hr
District Manager .................................... $130.001hr
District Manager Assistant ....................... $75.DOlhr
District SecretarylAccount ...................... S80.Whr
Colledons System Manager ............... ..$800001hr
Grade V Operator .................................... S95.001hr
Grade IV Operator ................................... $80.00hr
Grade Ill Operator .................................... $70.001hr
Grade II Operator .................................... $60.Whr
Grade I Operator ................................... $57.00/hr
Operator in Training ................................. $47.OWhr
Environmental SpecialisVPlanner 11 .... $100.00/hr collection Maintenance Worker II ............ $45.001hr
Environmental SpecialisUPlanner I .... ..$9 0.001hr Collection Mainlenance Worker I ............. 034.00lhr
Analyst ................................................. .$?5.Omr
Urban and Community Forestry
PrincipaVSenior Consulting Arborist ... S175.00hr
Senior Project Manager ................... .S15 0.00Jhr
Urban Forestry Specialist V ................ $1 30.001hr ............... Urban Fomtry Specialist IV $120. M)/hr
Urban Forestry Specialist Ill ................ $1 10.001hr
Urban Forestry Specialist II ................. 5100.001hr
Urban Forestry Specialist I .................... $9O0OOlhr
Research Analyst .................................. $65.00hr
Construdion Management Services
Principal/Manager ............................... 9175.001hr
Senior Construction Manager ............ $1 50.00hr
Construction Manager ..................... 0135.OWhr
Senior Project Manager ..................... 33 5.OWhr
Project Manager ................................... S125.001hr
Resident Engineer ............................. t12r
Construction Engineer ......................... 3105.0Whr
On-site Ownets Representative ........... $Q5.0mr
Construction Inspector 1II ...................... $95.001hr
Construction Inspector ll ....................... $SO.ODlhr
Construction Inspector I ........................ $85.00hr
Office Servkes
Technic~LDraf7ingCADD Services
3D Graphic Artist .................................... Sl25.00lhr
Senior Designer ....................................... $95.OO/hr
Designer ............................................... $85.001hr
GIs Specialist IV .................................... $lOO.OOlhr ...................................... GIs Specialist Ill $95.00/hr
GIs Specialist II ...................................... $85.OO/hr
GIs Specialist I ....................................... $BO.OO/hr ..................................... CADD Operator II S80.00Ihr
CAD0 Operator I ...................................... 070.00ihr
Support Services
Computer Processing .............................. W5.001hr ............................. Clerical Administration $60.00/hr
Fomak Enplnwrlng -Court app.anncss, dapo8i(ionr . and intmogmlorir as
sapml hes8 wil b. bUsd at 1.75 lims mmul m l...
Emugmy and Holiday. . Minimun chaw of lwo howl All b8 klod at 1.6
linsr lhe nolmd m t..
Trawl Expanm . Milupr at 40.5 anir pu mYs . Perdlam wb8 cnmighl
shy is hvalnd ir durgad *mat
Involen . Lb Ctumr -&I bs MI II bW to tDm mWy and shdl ta
du Md pya#. I& nwipt m d.lhquant if not paid &#tin miny (301
dy.Imn)ud*.dUmhvoia Clanlagms(opay#mor;Dl)yl~bch.rg.
.quai toom $IS& (1%) p.r mnm of Ih. oubt.nding tmI.lnco unti paid In hl .
Eflectlw January I. 2008
Ci Attorney Approved Version #04.01.02
10
Carlsbad City Golf Course Project
TABLE OF CONTENTS
Section Paae No .
Section A Statement of Interest ....................................................................... 1
Section B Firm Experience ................. .... ....................................................... 2
Section C Organization Chart ........................................................................ -3
Section D Key Personnel .................................................................................... 3
Section E Relevant Experience ..................... .. ................................................ 5
Section F Project Approach ............................................................................... 9
Section G Cost Proposal ............ .... ........................................................ 12
Section H Professional Services Agreement Statement ................... .. ......... 15
Section I Other Support Information ............................................................ 15
List of Ficlures
Figure 1 Project Team Organization ......................................................................... 4
List of Tables
Table 1 Cost Estimate .......................................................................................... 16
A~~endix A
Resumes
SECTION A STATEMENT OF INTEREST
Dudek & Associates, Inc. (Dudek) is pleased to submit this proposal to perform construction
monitoring services for the Carlsbad City Golf Course Project. We have selected our team of in-
house experts and subconsultants based on the proiect scope including potential extended services.
Dudek will serve as the prime consultant with Michael Sweesy serving as the Project Manager. Mr.
Sweesy will be assisted by Doug Gettinger, who will serve to schedule day-to-day monitoring activities
at the site. Mr. Sweesy will serve as the primary point-of-contact at Dudek, assume overall project
management responsibilities, and provide quality assurance and quality control of all deliverables.
Mr. Sweesy is a State of California licensed landscape architect (RIA No. 331 9) with over 21 years
experience performing construction monitoring, environmental construction, and revegetation
monitoring. He has been employed with Dudek for 12 years. His project experience includes habitat
restoration design and construction compliance monitoring at Trump National Golf Club in Rancho
Palos Verdes, California, and at the Denver International Airport, Denver, Colorado.
Mr. Sweesy has developed a track record as an efficient and effective project manager with excellent
communication skills, who works well with City staff, Resident Engineers, resource agency staff, and
contractors. He is solution-oriented and a highly organized manager who understands construction
plans, specifications, and contractual issues as related to compliance monitoring. He adheres to
appropriate communication channels within the proiect management team structure, and the need to
judge contractor activities in relation only to the contract plans, specifications, and environmental
permit conditions. He is adept at anticipating environmental issues that can potentially delay project
construction progress, thus avoiding costly delays.
Doug Gettinger has 15 years of experience in environmental compliance monitoring and habitat
restoration construction monitoring. He has direct experience with several City of Carlsbad projects
that are located near the Carlsbad City Golf Course proiect site including the Faraday Avenue
extension project and Cannon Road mitigation project. He also worked on the La Costa Road
widening and the Olivenhain Road widening projects. Mr. Gettinger's vast project experience is
focused on construction monitoring and habitat implementation proiects.
To augment our team, Dudek proposes to use Gallegos and Associates for cultural resource
monitoring and recovery (if any) and Tom Demere of the Son Diego Natural History Museum to
perform paleontological resource monitoring and recovery (if any). These individuals have extensive
experience in the City of Carlsbad and specific knowledge of the project site.
The Dudek team will work efficiently with the City of Carlsbad's Construction Manager to ensure that
permit requirements are appropriately monitored and scheduled well in advance to promote project
construction that is in accordance with the plans, specifications, resource agency permits, and
environmental documents. Our team depth and experience will provide Carlsbad with reliable and
accurate environmental compliance monitoring, documentation, and communication throughout the
project duration. Our close proximity to the project site allows Dudek to provide rapid response to
monitoring requests that will help to maintain the construction schedule. We will provide seamless
environmental compliance monitoring services with the Dudek construction management team, led by
George Litzinger, whom Carlsbad has already selected for overall construction management.
Dudek will implement a redundant system of reporting, schedule dispersal, and document filing that
will eliminate the potential for oversights or loss of documents/data. This will be accomplished by
keeping the original signed documents in the appropriate three ring binders. These documents and
the project schedule will also be kept in electronic form for storage and ease of transmittal. Proiect
compliance can be documented with digital photography and sub-meter Global Positioning System
(GPS) equipment. This monitoring approach provides unparalleled accuracy for proiect
documentation and reporting to the Carlsbad project manager.
Dudek has the experience, personnel and resources available to effectively conduct environmental
compliance monitoring for all aspects of the Carlsbad City Golf Course Project. In addition, our
professional accounting and contracts staff are friendly, professional, easy to reach, and helpful.
Dudek is confident that our proposed project approach and scope outlined in Section F of this
proposal will accomplish the goals of the City of Carlsbad (City) in a way that is organized, effective,
and economical.
SECTION B FIRM EXPERIENCE
Dudek is celebrating our 2!Yh year of business in North Son Diego County. Dudek's corporate
headquarters are located in Encinitas, which is just 15 minutes from the Carlsbad City Golf Course
Project site. We have been serving the City with many of their environmental compliance and
engineering needs since 1980. As a local North San Diego County firm with over 25 years
experience in the study area, Dudek is very familiar with the local issues and environment in the
project area. The Dudek team has completed several proiects within the City and in the project area,
providing valuable insight into expected field conditions. Dudek has several recent environmental
monitoring and documentation accomplishments in the City including the Rancho Santa Fe Road
Widening and Bridge Replacement Project, work on the Cannon Road extension proiect, Reach 2,
and the Faraday Avenue Extension Project coastal sage scrub mitigation, among others. Over the
years we have assisted the City with development of their Habitat Management Plan, the City's
municipal golf course and numerous biological analyses for both the City and private clients
throughout Carlsbad.
The Dudek team incorporates the services of our Hydrogeology Division to assist with groundwater
and water quality testing. Our water quality engineers are knowledgeable of the local proiect area.
Using their expertise, we anticipate the ability to reduce groundwater testing due to the lack of existing
groundwater except in very limited areas of the proiect. Dudek intends to limit testing activities to
areas where groundwater actually exists within a reasonable distance below the soil surface. This
approach will reduce ongoing monitoring costs during the construction process.
Dudek has a staff of eight biological monitors that are available to serve on the proiect. This depth of
staff will facilitate rapid response to critical issues that require immediate attention. We maintain
state-of-the-art technological capabilities including a staff of five Geographical Information System
(GIs) specialists and three CADD technicians that are fully capable of incorporating updated proiect
information with contract documents to analyze situations and facilitate solutions to changed field
conditions. We have four sub-meter Global Positioning System (GPS) units available for use on this
project. To facilitate communication, each biological monitor has a cellular telephone and digital
camera to document and disseminate information.
These team characteristics make Dudek uniquely qualified to provide the requested environmental
compliance monitoring services for the Carlsbad City Golf Course.
SECllON C ORGANIZATION CHART
Figure 1 illustrates the team structure we have assembled for the Carlsbad City Golf Course Project.
Michael Sweesy and Doug Gettinger form the core of our management team for environmental
compliance monitoring. Mr. Sweesy will have overall proiect management responsibilities that include
construction progress oversight, deliverable QA/QC, professional consultation on individual proiect
issues as they arise, budget management and invoice preparation.
Doug Gettinger will assume daily management of the compliance monitoring staff. He will make staff
monitoring assignments and schedule our workforce for optimum efficiency. He will coordinate with
our sub-consultants to address cultural and paleontological monitoring as required by resource
agency permits and the EIR, as appropriate. Progress meetings will be attended by Mr. Gettinger and
he will coordinate daily with the City's construction management team.
Mr. Sweesy and Mr. Gettinger will meet internally on a weekly basis to update project schedules,
review appropriate permit conditions in relation to project construction activities and discuss upcoming
monitoring needs. They will develop and maintain a list of actionable items for monitoring based on
the contractor's look-ahead schedule. This will promote efficient and timely monitoring activities that
will keep the proiect on track.
SECllON D KEY PERSONNEL
The following provides brief resume summaries of the proiect management team including Michael
Sweesy, RIA as Project Manager, and Doug Gettinger, PCA as Assistant Proied Manager.
Responsibilities of each were outlined above in Section C. Resumes for all individuals listed in Figure
1 are provided in Appendix A of this proposal
Michael Sweesy, RLA - Project Manager
Michael Sweesy is a registered Landscape Architect with an
advanced degree and over 21 year's experience. As senior
habitat restoration specialist, he has designed and supervised
20 wetland and 15 coastal sage scrub proiects throughout
San Diego County and southern California. He has provided
expert guidance on numerous projects from initial design,
permitting (404, 1601, 401, Section 7), and agency
coordination through construction monitoring and long-term
biological monitoring. Through his experience working with
'...the mitigation site has met the required 5-year the City of Sari
success criteria prescribed in the Sorrento Valley Dieqo and other - improvement dated October Igg3. public agencies, Mr. Sweesy has developed a proven Therefore the Corps hereby releases ... from further maintenal;ce and monitoring requirements at the record of performance in habitat restoration design,
mitigation site.' permitting, and upland and wetland mitigation program
Department of Corps of Engineers, Mark implementation that meet established success criteria and Durham (August 17,2005) have been accepted by the resource agencies.
Figure 1 Project Team Organization
George Lihfnger, BS u
Projsct Manaeer
Michael Sweesy, RLA I
Assistant Prolea Manager
Doug Gettinger, PCA
Jeff Priest, BS
Kam Muri, 8s
Paul lemons, BS
Stuart Fraser, MLA
Jeremy Siron, BLA
Andy Thornson, MS
Chris Oexh, MS
Torin Synder, BS
Derek Reed, PE
EnvrraMntrtx Analyt,caJ, Inc.
$Water ouuli+y test lcrbsj
Water D~.vciespmenf C wporotio
(Well drilling)
Nuufrkjs Fnvrroorne~lfrrl
fBlasmsay testing)
Doug Gettinger, PCA - Assistant Project Manager Mr.
Gettinger has more than 15 years experience in biological
construction monitoring and in the design, implementation, and
monitoring of habitat restoration proiects. His construction
knowledge gives him a good underitanding of the requirements
and capabilities of equipment used for construction activities.
He is able to work effectively and efficiently with construction
crews to help minimize impacts to sensitive habitats. Mr.
Gettinger's work experience includes construction monitoring in
the City of Carlsbad for Cannon Road and Faraday Avenue,
among others. His training in landscape architedure and
ornamental horticulture, along with experience working on large
construction projects helps bring habitat restoration and
endangered species habitat creation proiects to a successful
conclusion. His habitat restoration proiect experience includes
chaparral, coastal sage scrub, coastal salt marsh, freshwater
marsh, limestone forest, riparian woodland, southern willow scrub, and oak woodland habitats
implemented under agreements with various federal, state, and local agencies. He is a licensed
Agricultural Pest Control Advisor (PCA).
SECRON E RELEVANT EXPERIENCE
Following are three representative projects that have been completed or are currently being
completed by Dudek. Current projects are most representative of the capabilities, experience and
technical competence now available from the Dudek proiect team. We encourage you to contact
anyone on the list of client references included in this section regarding Dudek's track record. This
section also provides a listing of relevant experience of our subconsultants.
Trump National Golf Club Habitat Restoration Project - City of Rancho Palos Verdes,
California.
Client
Trump National Golf Club
1 Ocean Trails Drive
Rancho Palos Verdes, California 90275
Contad
Vincent Stellio
Tel: (9 1 4) 403-0652
Work Performed: Trump National Golf Club is a world class eighteen-hole golf course with a driving
range and home sites on 261 acres in the City of Rancho Palos Verdes in Los Angeles County,
California. The proiect is one of the most highly conditioned proiects ever to be constructed in
California due to its location on the coastal bluff overlooking the Pacific Ocean. The proied obtained
a coastal development permit that is now in its 25'h revision. The proiect also has an individual
Habitat Conservation Plan due to the presence of the federally and state-listed threatened California
gnatcatcher (Polioptila californica californica), cactus wren (Carnpylorhynchus brunneicapillus), and six
sensitive plant species that are regulated by the Sate of California Department of Fish & Game.
Mr. Sweesy has served as the proiect habitat restoration ecologist since proiect inception in 1993. He
and Dudek biologists designed the implementation strategy for the restoration and enhancement of
125 acres of coastal sage scrub in seven separate revegetation areas along the coastal bluffs of the
Carlsbad City Golf Course Project
Construction Phase Environmental Monitoring Services
Polos Verdes Peninsulo. There ore 20 ocres of coostol scrub mitigation oreos scattered throughout the
golf course. In this role, Mr. Sweesy performed construction complionce monitoring during vegetotion
clearing, moss grading, irrigotion system instollotion, and proiect planting. Hobitot oreos on the golf
course and surrounding rnitigotion sites received over 100,000 container plants thot Mr. Sweesy laid
out in the field.
This projed has been ongoing since 1993 due to phased proiect development and the repair of o
moior landslide in 1999. Detailed construction plans, instollotion detoils, and written proied
specificotions, prepored by Dudek, guided the client through the construction phase of this restoration
effort. Timely construction monitoring allowed for detailed refinements to construction techniques thot
further reduced the construction cost of the proiect.
In 1997, the U.S. Fisn & W ol~fe Service conditionally accepted ., .--- --- -,
the first of the revegetotion proect: 4.25 ocres of coostol soge
scr~b 'n rhe Wesr Bluff Preserve. .onothon Awood of Monomet ~~ ~ ~ ~~~- ~- -
Biro Ooservotory verified gnotcotcher use of the revegetot'on s're -z;:c-r
in 1996 Tne revegetoied ore0 provides forage on0 cover br +:.".-? ;, ,, ,
the coosto Col'fornio gnotcorcner ono oiner soge scrub ob 'gore
spec'es such as tne coctus wren. Tne gnotcorcner populoton 1.
has exponoeo from o pre-construct'on pop~otion of three
breed'ng gnotcotcher pain ro 15 breed'ng poir in 2005. Most i
of these pairs ore ut'l'zinq nobirot thot was restored os DOII of the .
proiect mitigotion and one poir occupies restored habitat thot is locoted on the golf course in on out-
of-ploy oreo. Since 1998, this populotion has successfully fledged over 200 gnotcotcher young thot
ore repopulating hobitot oreos throughout the Polos Verdes Peninsulo. (For o feature story about this
project see htt~://www.ao~fcoursenews.com/news/news.a?lD=1807 (Golf Course News)).
Cannon Road, Extension Project, Reach 2 - City of Carlsbad, California
Client
City of Corlsbod
Public Works - Engineering Dept.
1635 Forodoy Avenue
Corlsbod, Colifornio 92008
Contact
Sherri Howard
Tel: (760) 602-2756
Work Performed: Dudek prepored final wetland rnitigotion plons, working drawings, ond
specificotions for the temporary impact oreos ossocioted with Phose 2 of the Connon Rood Extension
Project. The projed oreo is sensitive hobitot containing wetlonds hobitot for the federally endongered
least Bell's vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonox troillii exiimus), ond
western clapper roil (Rollus longirosfris), os well os coostol soge scrub hobitot for the federally-listed
threatened coostol Colifornio gnotcotcher. Dudek worked closely with City engineering and
environmental coordinotion stoff to design and implement the wetlond mitigation program. Dudek
oversaw instollotion of the mitigotion instollotion, prepored monthly project progress reports and
documentotion to the resource ogencies.
Carlsbad City Golf Course Project
Construction Phase Environmental Monitorinq Services
Salt Creek Interceptor Sewer Project - City of Chula Vista, California
Client
City of Chula Vista
276 Fourth Ave
Chula Vista, California 91 91 0
Confad
Marilyn Ponseggi
Tel: (61 9) 585-5707
Work Performed: Dudek served as the biological construction monitor for the Salt Creek Interceptor
Sewer Project, which travened sensitive habitat in the Otay River Valley and Salt Creek Canyon Open
Space Preserve in the City of Chula Vista. This project involved over 55,000 linear feet of open cut
gravity sewer ranging from 24-inch to 42-inch diameter, and travened coastal sage scrub and
wetlands habitat, including habitat for Otay tarplant (Deinandra conjugens), coastal California
gnatcatcher, and Quino checkenpot butterfly (Euphydryas editha quino). Two different construction
contractors operated up to four construction crews simultaneously along the sewer alignment, which
required avoiding the sensitive plant and animal species. Because the sewer proiect went through
sensitive habitat, the construction corridor was often narrow and required careful coordination to
ensure that the permitted impact footprint was maintained. Wildlife surveys and monitoring were
scheduled and performed annually as required by the Biological Opinion. Wildlife surveys included
focused California gnaicatcher, Quino cneckerspot outted y, least
Bel's v'reo, ana b-rrowing awl (Speofyfo cunicularia) sbrveys.
Mon'tor'ng of breeaing gnatcarchen also was cond,ciea.
~ ~ ; Approx'maiely 20 pain of gnotcatcnen were monitored to : dererm'ne proieci 'mpact on nesring behavior. Pan ana nests were
locatea on a weekly bas's rhrougnout the breedng season where
wow was c~nd~ctea. Dddeds bological construction mon~tors
were responsole for ovenee'ng the Milgation Monitoring and
Reporting Program (MMRP), whicn 'ncl~ded federa and stare perm't
camp iance, implementation of ine contractor eaucation program,
ona storm water pollution prevention plan (SWPPP).
Subconsultants
San Diego Natural History Museum
The following list of projects highlights the Department of Paleontological Services (DPS) staff's recent
experience in paleontological resource mitigation in the Carlsbad area. Dr. Demere served as Project
Manager and Principal Paleontologist for all of the listed proiects.
May 1997 - February 1998
Project - Legoland Carlsbad (amusement park), Carlsbad
DPS responsibility - monitoring of mass grading, fossil solvage, fossil curation
October 1997 - January 1998
Project - Cannon Road West (roadway), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
April 1997 - October 1998
Proiect - Rancho Carrillo, Phase 1 & 2 (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
January 1999 - May 1999
Project - Mariano proied and extension of Aviara Parkway (roadway), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
June 1 999 - November 1999
Proiect - Faraday Avenue Extension (roadway), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
May 2000 - November 2000
Proiect - Terraces at Sunny Creek (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
February 2001 - May 2001
Project - Cooper Creek (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
September 2001 - November 2001
Project - Spyglass II (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
July 2002 - August 2002
Project - Rutherford Pointe (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
December 2002 - January 2004
Project - Bressi Ranch (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
May 2005 - Present
Proiect - Carlsbad Oaks North (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
May 2005 - Present
Project - Faraday Avenue Extension (residential development), Carlsbad
DPS responsibility - monitoring of mass grading, fossil salvage, fossil curation
Gallegos & Associates
The following list of projects highlights the Gallegos & Associates' recent experience in archeological
studies conducted in north San Diego County.
1999 5000 Years of Occupation: Cultural Resource Inventory and Assessment Program for the
Carlsbad City Golf Course Proiect. Report prepared for the City of Carlsbad.
1999 (with others)
Oceanside-Escondido Bikeway Proied: Cultural Resource lnventory and Significance Test for
Prehistoric Site CA-SDI-14340. Report (HPSR and technical attachments) prepared for the City of San
Marcos and Caltrans.
Carlsbad City Golf Course Project
Constnrction Phase Environmental Monitoring Services
1997 Batiquitos Lagoon Monitoring Program, Archaeological Test at Site CA-SDI-1 1953, Carlsbad,
California. Report prepared far City of Carlsbad.
1996 Carlsbad Ranch Survey and Test Report. Field survey, testing to determine site significance,
mitigation through data recovery excavation, and monitoring. Report prepared for Carltas and the
City of Carlsbad.
SECTION F PROJECT APPROACH
Phase 1: Grading Operations
:, .. * Duaek nos a ful y-staffea ream witn tne experience needed to
proviae the City of Carlsbad witn environmental, c~ltural, and
pa eontology constr~clion mon'tor'ng for Car sbao C'ly Golf -,&. -L . . -
Course Project. Monitoring auring construction for b'ologica
resources, archeo ogy, and paleontology w'll be conducted at
a frequency that is prescrbea in the pro'ecr permits and as
aetermined by the Ciy project manager in consultat'on witn
ine construction management team. The Duaek team laces a
proociive approach to ensure smooth operations and an-ime
performance, ana mows how to work safey arouna
construction sites and heavy equipment.
As required in the permits and requested in the scope of work, a Dudek wetland delineation specialist
will conduct the required wetland delineation to document pre-construction conditions at the two
wetland golf cart crossings prior to the start of construction. Monitoring will be conducted by
professionals who are highly qualified for the type of resources to be monitored. Permitted specialists
will be provided as-needed when required by state and federal law and statutes. In addition, Dudek
will obtoin the necessary drilling permits to install the required water quality monitoring wells, oversee
the monitoring well installation by a sub-contrador hired by Dudek, and collect water quality samples
for laboratory testing on a quarterly basis, as required by the Cify of Corlsbad Municipal Golf Course
Water Qualify Monitoring Plan (P & D Environmental 2004). EnviroMatrix Analytical, Inc. will conduct
laboratory testing for the required physical and chemical water quality tests and Nautilus
Environmental will conduct the required bioassay testing.
The Cify of Carlsbad Municipal Golf Course Wofer Quality Monitoring Plon (P& D Environmental
2004) calls for the installation of two groundwater monitoring wells. No depth was provided for the
wells, nor was information provided regarding the depth to groundwater along the creek. As you may
know, well drilling is expensive and the cost is a function of well depth. From Dudek's knowledge of
the Macario Canyon area, groundwater depth may be 100 feet or more. Given that the purpose of
these wells is to determine whether fertilizers and/or pesticides from golf course operations may be
potentially contaminating groundwater, it is unlikely that any nutrients or pesticides would percolote
through 100 feet of soil in many years, given the soil types in this area. Dudek proposes to install
monitoring wells to a depth of 20 feet below the first water encountered or to a total of 80 feet below
the ground surface.
Carlsbad City Golf Course Project
Construction Phase Environmental Monitoring Services
In accordance with permit conditions, environmental
construction monitoring must be full time while brush
clearing is taking place in or adjacent to sensitive
habitat areas and the Habitat Management Plan
(HMP). We believe less frequent and appropriately-
timed monitoring will be sufficient to comply with
permit conditions for the remainder of proied
construction. To monitor brush clearing, digital
project grading limits and approved access routes
will be loaded into sub-meter GPS equipment to
allow our monitors to accurately navigate the work area and determine compliance with the permitted
impact area. This technique will provide the greatest accuracy for determining contractor compliance
with the contract documents and resource agency permit conditions.
After the brush has been cleared, daily part time monitoring will be sufficient to comply with permit
conditions when work takes place near environmentally sensitive areas. Limit of work monitoring can
be effectively accomplished on a weekly interval once the brush clearing and mass grading work has
been completed, or if it is not occurring near sensitive resources. This will result in substantial cost
savings for the City. Dudek monitors will prepare and submit brief site observation reports following
each monitoring visit to document compliance with permit conditions and notify the City of any
deficiencies requiring corrective measures. A project deficiency log will be maintained to track these
issues until these are resolved to the satisfaction of the City of Carlsbad.
Periodic environmental compliance monitoring may be required during subsequent golf course
activities that are located within the HMP. This may include the abandonment of the existing water
line, and installation of drainage lines and irrigation main line that are located within the HMP lands.
An estimate of this monitoring effort cannot be completed until the construction plans are analyzed.
Archeological and paleontology monitoring will occur on a daily basis by Gallegos and Associates,
and the San Diego Natural Histoty Museum, respectively, when grading occurs in previously
undisturbed soils and/or where resources are known or likely to occur based on geological
formations. The actual monitoring schedule and frequency will be determined through weekly
consultation between the City's project manager, the construction management team, and these sub-
consultants. Should any resources be discovered, grading work would be diverted to other areas
while resource recovery activities are performed. Once grading work has been completed in those
areas, there will be no need for additional archeological and paleontology monitoring.
Phase 2: Golf Course Construction
1.a. On-Call Sewices for Uplands and Wetlands Mitigation
Dudek has a renowned group of habitat restoration specialists to oversee the upland and wetlands
mitigation efforts for the Carlsbad City Golf Course Proiect. Dudek has significant proied experience
at all levels of environmental projects in the San Diego region. Our staff of eight habitat restoration
specialists and 15 staff biologists has teamed on numerous restoration projects to create positive
results for our clients. Examples of projects that demonstrate Dudek's capabilities that relate directly to
the Corlsbad City Golf Course Proiect scope of work include the Trump National Golf Club coastal
sage scrub restoration proiect, Cannon Road Reach 2 Extension Proiect, the Citv of Chula Vista Salt , .
Creek Interceptor Sewer Project, and the City of San Diego Sorrento Valley utilities Improvement
ion E of this proposal).
10
Carlsbad City Golf Course Project
Construction Phase Environmental Monitoring Services
1.b. Monitor Erosion Control Measures
Dudek's environmental monitors will monitor and
document the installation and maintenance of erosion
control measures in accordance with the project's plans,
specifications, permits and the approved storm water
pollution prevention plan (SWPPP). With increased
scrutiny of erosion control violations by the Regional Water
Quality Control Board (RWQCB), it is vital that the
project's erosion control program be effective and
proactively maintained by the contractor. Dudek will work
closely with the City's Construction Manager and the
contractor in a collaborative manner to keep the erosion
control program in compliance.
1.c. Worker Education Program
In accordance with permit conditions, Dudek will work with the City's Project Manager, Construction
Manager, and the contractor to establish a cooperative, effective, and cost-efficient environmental
education program so all workers are properly briefed to understand the environmental constraints, as
required by the Coastal Development Permit. Training sessions will include informing all contractors,
subcontractors, foremen, equipment operators and field crew personnel about the environmental
conditions, restrictions and constraints associated with the proiect. The City's Construction Manager
and his field staff and inspectors will be encouraged to attend the environmental training sessions.
By videotaping the initial environmental education session, the environmental education program will
be available at any time at minimal cost, and the same information will be provided to all subsequent
workers upon entry onto the iob site. Education training implementation will be documented through
the video toped session and by requiring each worker sign a statement verifying they have been
informed of the environmental constraints and responsibilities of the contractor. The videotape will
also be available for review by workers, should refresher sessions be needed.
1.d. Miscellaneous Environmental Consultation
Dudek will work closely with the City's Proiect Manager, Construction Manager, and the contractor in
a collaborative manner to avoid and minimize any adverse temporary environmental impacts outside
or beyond those addressed in the project's permits. Dudek's permitting specialists are familiar the
agencies, lows, and regulations, and can help the City navigate through any unanticipated
environmental issues associated with the proiect.
We are very knowledgeable of The Clean Water
Act, Endangered Species Act, Fish & Game Code,
and the City's HMP. We will strive to anticipate
potential impacts that are outside the proied and
not authorized by permits, and advise the City of
appropriate measures to avoid potential impacts.
In the event an unauthorized impact occurs,
Dudek will measure the impact areas with sub-
meter GPS equipment to quantify the area and
assess appropriate mitigation.
1.e. Construction Monitoring Reporting Program
Carlsbad City Golf Course Project
Construction Phase Environmental Monitorinq Services
Environmental construction monitoring reports, monthly progress reports, and o final report at project
completion will be prepared using Microsoft Word, chronologically numbered, and shall be clear and
concise. Monitoring reports will be prepared by the field monitor, reviewed by the Dudek Proiect
Manager for quality control and then emailed in PDF format to the City's Proiect Manager,
Construction Manager, and any other appropriate team members within 24 hours.
Dudek will prepare and maintain a proiect deficiency log that tracks environmental issues throughout
the construction period until such deficiencies are resolved to the satisfaction of the City. The
deficiency log can be reviewed at weekly progress meetings to facilitate the appropriate octions that
will resolve the issue in accordance with the contract documents.
Monthly progress reports and the final report will be written by the Dudek Assistant Project Manager in
consultation with the Proiect Manager, project team members and subconsultants. Draft copies of the
monthly progress reports will be sent to the City Proiect Manager and Construction Manager for
review. Final signed copies of construction monitoring reports and monthly progress reports will be
faxed and mailed to the City Construction Manager, cataloged into the Monitoring Reports Binder
and proied files. Urgent matters that may arise during the proied will result in a cellular phone call
from the field to the City Construction Manager and promptly followed-up with a written report.
2. On-call Water Quality Monitoring Program
Dudek's environmental monitors are experienced in
collecting water quality samples for analysis to meet
permitting requirements. Our monitors are familiar with
sample collection protocols and chain-of-custody issues
regarding water samples collected for testing. We have
partnered with two local testing labs to perform the required
analysis: EnviroMatrix Analytical, Inc. will conduct chemical
and physical properties testing, and Nautilus Environmental
will perform bio assay testing to determine acute and
chronic toxicity analysis.
SECTION G COST PROPOSAL
Many tasks in Dudek's cost estimate are dependent on the contradofs work schedule, and therefore,
are not within our control. We have made every effort to make a good faith estimate of the time
requirements to perform the scope of work and the associated costs. Certain assumptions in our cost
estimate may not conform to the contractor's actual work schedule. If the hours needed to perform
the required work have been overestimated, the City of Carlsbad will only be billed for the actual
hours worked. Should the estimated hours needed to monitor the contractor be underestimated, or if
the contractor fails complete their scope of work in the proiected time period, a contract amendment
will be required. The following assumptions were made to develop this estimated cost proposal.
1. Condition No. 3 of the Coastal Development Permit for the proiect requires "before/after
survey" "of the wetland and/or riparian revegetation (sic) and substrate under the two approved
golf course cart locations" crossing Macario Creek once construction has been completed. The
RFP only calls for a before survey and monitoring the contractor's wetlands restoration efforts. If
provisions for this requirement have not been made, Dudek can provide a scope of work and
cost estimate to perform this task.
Condition No. 7 of the Coastal Development Permit for the proiect requires water quality
monitoring. The City of Carlsbad Municipal Golf Course Water Quality Monitoring Plan (P & D
Environmental 2004) specifies both groundwater and surface water sampling, including the
installation of two monitoring wells. Locations for the two monitoring wells are specified in the
plan, but no depth was provided, nor was information provided regarding the depth to
groundwater along the creek. Well drilling is expensive and the cost is a function of well depth.
Based on Dudek's knowledge of the Macario Canyon area from previous projects, groundwater
depth may be 100 feet or more. Given that the purpose of these wells is to determine whether
fertilizers and/or pesticides from golf course operations may be potentially contaminating
groundwater, it is unlikely that any nutrients or pesticides would percolate through 100 feet of
soil in many years, given the soil types in this area. Dudek proposes to install monitoring wells
to a depth of the perched water table. For this cost estimate, we have assumed the well depth
to be approximately 10 feet. Should one or both monitoring wells be dry when water samples
are collected, the City shall only be charged for the actual number of water samples collected
and processed by the laboratory. The proposal includes one additional well to be located near
the shooting range as requested by the City (John Cahill, pers. comm. 9/27/05). The cost
estimate provided assumes water samples will be collected from all monitoring wells at each
quarterly sampling period. Water samples collected from the additional well will also be tested
for lead content.
3. Condition No. 11 of the Coastal Development Permit for the proiect requires daily noise
monitoring to comply with construction noise restrictions. Noise monitoring was not requested
in the RFP for the proiect. If provisions for this requirement have not been made, Dudek can
provide a scope of work and cost estimate to perform this task.
4. The Revised Mitigation Plan Carlsbad Municipal Golf Course (P & D Environmental and HDR
Engineering, Inc. 2005) only provides information regarding coastal sage scrub, it does not
include any information regarding wetland mitigation. Dudek assumes the City will provide a
copy of the City of Carlsbad Revised Golf Course Riparian Mitigation Plan, dated December
2003, which requires 1.83 acres of wetland mitigation and the restoration of temporary riparian
impacts.
Dudek's cost estimate assumes that knowledgeable and qualified habitat restoration landscape
contractors will install and maintain the required riparian and coastal sage scrub mitigation
areas, and the landscape contractor(s) is familiar with the native species being planted and the
special requirements of native habitat maintenance and establishment. Should the landscape
contractor not be familiar with native habitat restoration and/or not perform in accordance with
the mitigation plans and permits, additional biological monitoring hours to provide additional
direction and/or oversight hours may be required that have not been included in this cost
estimate.
6. The cost estimate reflects Dudek's 2005 Standard Schedule of Charges, which is attached
following the cost estimate. After 2005, billing rates will be adjusted to reflect Dudek's 2006
Standard Schedule of Charges. Dudek will negotiate rate changes at the beginning of each
year and will supply the City with supporting overhead documentation to substantiate rate
adiustments.
Three observation wells will be constructed to twenty feet below first water encountered or to a
total maximum depth of 80 feet below land surface (ft bls). The locations of the observation
wells will be drilled at the locations identified by the City of Carlsbad City Golf Course Water
Quality Monitoring Plan (WQMP). Dudek assumes access roads will be available to each well
location. Each observation well will be drilled using a 6-inch hollow-stem auger drill bit to
twenty feet below first water encountered or to a total maximum depth of 80 feet below land
surface. A 2-inch schedule 40 PVC casing will be installed from land surface to 60-feet bls
and 20-feet of slotted 0.02-inch schedule 40 PVC will be installed from 60-feet bls to 80-feet
bls. The annular space of the borehole will then be backfilled with Monterey No. 3 sand from
80-feet bls to 58-feet bls. A 3-foot Bentonite transition seal will be installed from 58-feet bls
to 55-feet bls. The borehole will be backfilled with a cement-bentonite grout from 55-feet bls
to 2-feet bls. Concrete will be poured from 2-feet bls to land surface and a six-inch steel
monument will be installed around the 2-inch schedule 40 PVC well. A locking cap will also
be installed on the steel monument.
Archeological Monitoring Cost Assumptions
8. As stated in the RFP, the City of Carlsbad will provide a Native American cultural resources
monitor during grading operations under separate contract.
9. Archeology monitoring costs assume a total of 40 days of archeological monitoring. Additional
monitoring requirements due to the discovery of unknown cultural resources or a prolonged
construction schedule will necessitate additional monitoring and monitoring costs.
10. This cost estimate does not cover the cost of an unanticipated find (i.e., burial, cremation,
buried site) or the final report.
Paleontological Monitoring Cost Assumptions
1 1. The cost estimate assumes an excavation schedule of 120 days of mass grading. Given the
number of proposed small cuts (<40,000 cubic prds each) and limited number of larger cuts
(>80,000 cubic yards each), the field monitoring time has been divided into part time and full
time categories. The part time effort will be conducted during grading of the small quantity cuts
(total yardage -61 5,000 cubic yards), while grading of the large quantity cuts (total prdage -
500,000 cubic yards) will require full time monitoring. Field time includes not only monitoring,
but salvage as well. Monitoring involves looking for unearthed fossils, while salvage involves
recovery of fossils. Often these two activities coincide. Occasionally, however, a discovery site
will require a more extended salvage. In these cases, it may be necessary to use additional field
staff to expedite fossil salvage (estimated here at 20 days for one person).
12. Another contingency element of the proposal is fossil preparation. Getting the fossils out of the
ground is only the first step. They then have to be removed from their enclosing rock matrix and
stabilized so that they can be placed into a scientific institution for permanent storage, study,
and/or display. Previous mitigation projects in the Carlsbad area have shown that, on average,
preparation time equals approximately 40-50 percent of monitoring time. Cataloguing and
storage represent the final contingency elements of a complete mitigation program and results
in production of a specimen inventory of recovered fossils and storage of the collection. At that
point the Son Diego Natural History Museum will assume the financial and custodial
responsibility to store and make the fossils available to the public in perpetuity.
SECTION H PROFESSIONAL SERVICES AGREEMENT
Dudek has reviewed the enclosed City of Carlsbad standard Professional Services Agreement and
accepts the terms and conditions of this agreement, including the required insurance, business license,
and other contractual requirements set forth therein.
SECTION I OTHER SUPPORT INFORMATION
Dudek has supplied all pertinent information that describes our team's qualifications to perform the
requested Scope of Services.
AGREEMENT FOR ENVIROMENTAL MONOTORING SERVICES FOR THE
CARLSBAD MUNICIPAL GOLF COURSE PROJECT,
PROJECT NO. 39721 -1
(Dudek & Associates, Inc.)
THIS AGREEMENT is made and entered into as of the !8%ay ofk
2003 , by and between the CARLSBAD PUBLIC FINANCING AUTHORITY, a joint
powers authority, ("CPFA), and Dudek & Associates Inc., a California corporation,
("Contractor").
RECITALS
A. The CPFA requires the professional services of a consultant that is experienced
in environmental monitoring for the management for the Carlsbad Municipal Golf
Course Project.
B. Contractor has the necessary experience in providing professional
services and advice related to environmental monitoring.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the CPFA and Contractor agree as follows:
1. SCOPE OF WORK
The CPFA retains Contractor to perform, and Contractor agrees to render, those
services (the "Services") that are defined in attached Exhibit "A", which is incorporated
by this reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill ctktomarily exercised by reputable members of contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date
first above written. The President of the Board may amend the Agreement to extend it
for an additional one (1) year period or parts thereof in an amount not to exceed two
hundred fifty thousand dollars ($250,000) per Agreement year. Extensions will be based
upon a satisfactory review of Contractor's performance, the CPFA needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be three hundred fifty thousand dollars ($350,000). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement.
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
the CPFA. Contractor will be under control of the CPFA only as to the result to be
accomplished, but will consult with the CPFA as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of the CPFA for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. The CPFA will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. The CPFA 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 the CPFA within thirty (30) days for any
tax, retirement contribution, social security, overtime payment, unemployment payment
or workers' compensation payment which the CPFA 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 CPFA's election, the CPFA may deduct the
indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract anv portion of the Services without prior written approval
of the CPFA. If Contractor subc6ntracts any of the Services, contractor will be fully
responsible to the CPFA 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 the CPFA. 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 the
CPFA.
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8. OTHER CONTRACTORS
The CPFA reserves the right to employ other Contractors in connection with the
Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the CPFA 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 the
CPFA incurs or makes to or on behalf of an injured employee under the CPFA'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-:V".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. The CPFA, 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 .I 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 Liability (if the use of an automobile is involved for
Contractor's work for the CPFA). $1,000,000 combined single-limit per accident for
bodily injury and property damage.
10.1.3 Workers' Compensation and Emplover's Liability. 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 CPFA'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 CPFA 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 CPFA sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of lnsurance and Endorsements. Prior to CPFA's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
CPFA.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then the CPFA 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 the CPFA to obtain or maintain insurance and the CPFA
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. The CPFA reserves the right to require, at any
time, complete and certified copies of any or all required insurance policies and
endorsements.
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I 1 BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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 the CPFA 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 the CPFA. 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 the CPFA.
Contractor will have the right to make one (I) 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 the
CPFA and Contractor relinquishes all claims to the copyrights in favor of the CPFA.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of the CPFA and on behalf of Contractor under this Agreement.
For CPFA: For Contractor:
Name Skip Hammann Name Georqe Litzinner
Title Deputv Citv Enqineer Title Proiect Manaqer
Department Public Works Address 605 Third Street
City of Carlsbad Encinitas. CA 92024
Address 5950 El Camino Real Phone No. (760) 942-5147
Carlsbad, CA 92008
Phone No. (760) 602-2780, x732 1
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.
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5
16. CONFLICT OF INTEREST
The CPFA will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political ~eform.~ct 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 the CPFA and contained in the Statement of Economic Interests
Form 700.
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 CPFA 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 discrimin&ion and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or the CPFA
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
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6
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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the
CPFA may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If the CPFA decides to abandon or indefinitely
postpone the work or services contemplated by this Agreement, the CPFA 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
the CPFA and all work in progress to the CPFA address contained in this Agreement.
The CPFA will make a determination of fact based upon the work product delivered to
the CPFA and of the percentage of work that Contractor has performed which is usable
and of worth to the CPFA in having the Agreement completed. Based upon that finding
the CPFA will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of the CPFA, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to the CPFA. 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. The
CPFA will make the final determination as to the portions of tasks completed and the
compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, the CPFA 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.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
the CPFA 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 the CPFA, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., 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 the CPFA seeks to recover penalties pursuant to the False Claims Act, it
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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 the CPFA to
terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon the CPFA
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 the CPFA, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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la-
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
Frank J. Dudek
(print nad&MWnt -
(print nameltitle)
CARLSBN PUBLIC FIf)lMlQING
V
ATTEST:
Secretary to the Board w
~mmG2&a=L c&-k-
(e-mail address)
If required by CPFA, 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 6.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer@) signing to bind the
corporation.
APPROVED AS TO FORM:
ROW R. BALL, City Attorney n
wity Attorney
N-tdmOc
AGREEMENT FOR ENVIROMENTAL MONOTORING SERVICES FOR THE CARLSBAD MUNICIPAL GOLF COURSE
PROJECT, PROJECT NO. 39721-1
(Dudek & Associates, Inc.)
City Attorney Approved Version #04.01.02
9
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
DUDEK & ASSOCIATES. INC .
2005 STANDARD SCHEDULE OF CHARGES
Engineering Services
Project Director ................................... .$I7 5.001hr
Program Manager ............................... $165.00lhr
Principal Engineer 11 ............................ $155.00Ihr
Principal Engineer I ............................ $145.0Olhr
Senior Project Manager ...................... $135.00lhr
Project Manager ............................... .$12 5.OOIhr
Resident Engineer ........................... $12OOOO1hr
Senior Engineer II ............................. ..$11 5.00lhr
Senior Engineer I ............................... $1 05.00lhr
Project Engineer II ............................... $95.0O/hr
Project Engineer I .................................. $90.00/hr
Field Engineer II .................................. $95.00/hr
Field Engineer I ................................... S8O.OOlhr
Engineering Assistant ........................... $65.001hr
Environmental Services
Principal ............................................... $175.0Olhr
Senior Project ManagerISpecialist ...... $150.0Olhr
Environmental SpecialisffPlanner VI ... $140.00/hr
Environmental SpecialisffPlanner V .... $1 30.001hr
Environmental SoecialisUPlanner IV ... $120.00/hr
Hydrogeological Services
................................................. Principal $175.00/hr
Sr . HydrogeologisffSr . Project Manager $150.00/hr
...... Associate Hydrogeologist/Engineer $1 15.001hr
............... Hydrogeologist IVIEngineer IV $1 05.0Olhr
................. Hydrogeologist IllIEngineer Ill s95.001hr
................... Hydrogeologist IIIEngineer ll S85.001hr
..................... Hydrogeologist IlEngineer I $75.001hr
.............................................. Technician 865.001hr
District Management & Operations
....................... District General Manager $155.001hr
..................................... District Engineer $120.001hr
.................................... District Manager $130.00/hr
....................... District Manager Assistant $75.00/hr
District SecretaryIAccount ...................... $80.00/hr
Collections System Manager ............... ..$8 0.001hr
.................................. Grade V Operator $95.00/hr
................................... Grade IV Operator $80.00/hr
Grade Ill Operator ................. .. ............. $70.001hr
Grade II Operator ..................................... $60.00kr
Grade I Ooerator .................................. $57.001hr
................................. Environmental ~becia~istl~~anner Ill ... $1 10.001hr Operator in Training $47.00/hr
............ Environmental SoecialisUPlanner 11 .... $IOO.OOlhr Collection Maintenance Worker II $45.001hr
Environmental ~pecialis~~lanner I ..... :.$90.00/hr
Analyst .................................................. .$7 5.00lhr
Urban and Community Forestry
PrincipaVSenior Consulting Arborist ... $175.00lhr
Senior Project Manager .................... $150.00/hr
Urban Forestry Specialist V ................ $130.00lhr
Urban Forestry Specialist IV ............... $120.OO/hr
Urban Forestry Specialist Ill ................ $1 10.00lhr
Urban Forestry Specialist 11 ................. $lOO.OO/hr
Urban Forestry Specialist I .................... $9OOO0Ihr
Research Analyst .................................. $65.00/hr
Construction Management Services
PrincipalIManager ............................... $175.001hr
Senior Construction Manager ............ $1 50.00lhr
Construction Manager ..................... $135.00/r
Senior Project Manager ...................... $1 35.00hr
Project Manager .................................. $12 5.001hr
Resident Engineer ........................... ..$I2 O.OO/hr
Construction Engineer ......................... $105.00/hr
On-site Owner's Representative ........... $95.00/hr
Construction Inspector Ill ...................... $95.00/r
Construction Inspector II ..................... ..$9 0.00/hr
Construction Inspector I ...................... ..$8 5.00/hr
Collection Maintenance Worker I ............. $34.00/hr
Office Sewices
Technical/Drafting/CA DD Services
.................................. 3D Graphic Artist $125.001hr
....................................... Senior Designer $95.OO/hr
............................................... Designer $85.00/hr
.................................. GIs Specialist 1V $100.001hr
...................................... GIs Specialist Ill $95.00/hr
.................................. GIs Specialist II ..... $85.00/hr
........................................ GIs Specialist I $80.00/hr
.................................. CADD Operator II S80.001hr
.................................... CADD Operator I $70.00ihr
Support Services
............................ Computer Processing $65.00/hr
............................ Clerical Administration $60.001hr
Forensic Engineering . Court appearances. &positions. and interrogablries as
expwt witness will ba billed at 1.75 times normal rates .
Emergency and Holidays . Minimum charge of two houra will be billed at 1.5
times ihe nmal rate .
Materid and Oublde Sewlcoa . Subcontractors. rental d special equipment
special repmducdonr and blueprinting. wtgide data pmcessing and computer
services . etc .. are charped st 1.15 timer the dimd cost
Travel Expenses . Mileage at 40.5 cants per mile . Per diem where overnight
stay is involved u charged at cost
Invoices. Lata Charges . -All fees will ba billed to Client monthly and stall be
due and payable upon receipt . Invoices are delinquent if not paid.# ithin thirty (30)
days from the date ot the invoice . Client agrees to pay a rnoclhly late charge
equal toona percant (1%) per mona af tbe outstanding balance untd paid in full .
Effective January I. 2005
City Attorney Approved Version #04.01.02
10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~&~~~~&-&&Y~"~~~&~~&~&~-X;-~~~&C&=.G~&@~~~~~G~+>'&*~C,~'I^~*& G~KL"G' '-3
State of California I
County of
On before me, J.s&%, r\lomf P~~UC, ,
Date osr ;i"' and W ot%ffi-r 1e.g.. "Jane Doe Notary Pubic")
personally appeared n 6
Name@) of slgnZ(s)
@personally known to me
C proved to me on the basis of satisfactory
evidence
to be the whose name*
subscribed to the within instrument and
acknowledged to me that -xecuted
the same in Trkher/&9 authorized
capacity@, and that by +&er@
a signatureon the instrument the personmor
the entity upon behalf of which the perso-
acted, executed the instrument.
WITNESS my hand and official seal.
Signature ot Notary Public
OPTIONAL
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.
*LC821 Description of Attached Document cdrl~[md (30-
Title or Type of Document: 721 - 1
Document Date: Qa Number of Pages: I \
7 Signer(s) Other Than Named Above: 2
'I
Capacity(ias) Claimed by Signer 4 d hKander 4 WSev %
Ci Individual idW 4 c/co
8
@Corporate Officer - mtle(s): Pfeh $ C Partner - fi Limited Ll General
3 Attorney-in-Fact
3 Trustee
t
5 Guardian or Conservator 4
C Other: 9
Signer IS Representing: DdeK 4 WGa-ks, Inca 1 -9 '&Q;~4-*-~~~-q~~g~-*-~~~&qy&-~~~~~~~*2~~-~q~-~~<~&~~~-q-Qa>
0 1999 Flational Notaly Assoc,ation. 9350 De Solo Abe , PO, Box 2402 Cha!sworth. CA 91313-2402. w?yw.nat!onalnotaryorg Prod. No. 5907 Rmrder: Call Toi-Free 1-800-876-6827