02-0618_DUDEK & ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of June, 2002, by and
between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred
to as the "Agency") and Dudek & Associates, Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, Agency desires to retain Biological and Environmental Consulting
services of Consultant; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the general standards of its
profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and services
required hereunder shall be completed by June 30" 2003.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Nine thousand three hundred dollars($ 9,300.00), as set forth in Exhibit "B," attached and
incorporated herein by reference
3.2 Rate Schedule.
The services shall be billed to the Agency at the hourly rate also set forth in
Exhibit "C," attached and incorporated herein by reference. Included within the
compensation are all the Consultant's ordinary office and overhead expenses incurred by
it, its agents and employees, including meetings with the Agency representatives and
incidental costs to perform the stipulated services. Submittals shall be in accordance with
Consultant's proposal.
CADOUGLASIAGREEMENXDudek 2003 PSA.wpd _t_
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the Agency. The Agency will pay monthly progress payments based on
approved invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from Agency
is required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to Agency.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and Agency. All persons engaged in the work will be considered employees
of Consultant. Agency will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract documents
as requested by the Agency, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Time of Essence.
Time is of the essence in the performance of this Agreement.
CADOUGLMAGREEMEN\Dudek 2003 PSA.wpd
_2_
Section 8. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 9. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 10. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to Agency
at least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the Agency shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the Agency.
Section 11. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the Agency. All such
reports, information, data, and exhibits shall be the property of the Agency and shall be
delivered to the Agency upon demand without additional costs or expense to the Agency.
The Agency acknowledges such documents are instruments of Consultant's professional
services.
Section 12. Indemnity.
Consultant agrees to protect, defend and hold harmless Agency, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property arising out of the negligent acts errors and
omissions committed by Consultant in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
CADOUGLASVAGREEMEMDudek 2003 PSA.wpd
-3-
Section 13. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
13.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
13.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
13.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
13.4 Proof of Insurance Requirements/Endorsement.
Priorto beginning anywork underthis Agreement, Consultant shall submitthe
insurance certificates, including the deductible or self -retention amount, and an additional
insured endorsement to the Consultant's general liability and umbrella liability policies using
CADOUGLASAGREEMEMDudek 2003 PSA.wpd
-4-
ISO form CG 20 10 1185 (in no event with an edition date later than 1990) to the Agency's
General Counsel for certification that the insurance requirements of this Agreement have
been satisfied.
13.5 Notice of Ca ncellation/Term!nation of Insurance.
The above policy/policies shall not terminate, nor shall they be canceled, nor
the coverages reduced, until after thirty (30) days' written notice is given to Agency, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
13.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
13.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with
all insurance requirements of this Agreement.
Section 14. Termination.
Agency and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure the
breach of contract, then the agreement may be terminated subsequent to the ten (10) day
cure period.
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To Agency: San Juan Capistrano Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Douglas D. Dumhart
CADOUGLASAGREEMEMDudek 2003 PSA.wpd
-5-
To Consultant: Dudek & Associates, INC.
605 Third Street
Encinitas, CA 92024
Attn: Lucy Myers, Corporate Office Manager
Section 16. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENt AGENCY
George Acarbo?ogh,
GeorgeAcarbo?ugh, ERU66tive Director
APPROVED AS TO FORM:
John R. S— hbW, Agency Attorney
CADOUGLASWGREEMEMDudek 2003 PSA.wpd
-6-
CONSULTANT
kJ
G -5-o -z-
President TO�6 * �iov
EXHIBIT A
SCOPE OF WORK
HABITAT RESTORATION SERVICES
For the
ARROYO TRABUCO CONSERVATION AREA CREATED BY THE LOWER
ROSAN OFF-SITE WETLANDS MITIGATIONPROJECT
14 MARCH 2002
Work under this scope will include the following:
1.0 BIOLOGICAL MONITORING
Biological monitoring will be performed for one-year (1 July 2002-1 July 2003) under this
scope and will be done in accordance with the Conceptual Wetland Mitigation and Revegetation
Plan and the resource agency permits. Therefore, biological monitoring will be performed
quarterly. A biological monitoring report will be prepared following each quarterly
monitoring site visit and mailed to you, the Army Corps of Engineers (ACOS) and California
Department of Fish and Game (CDFG). Each monitoring visit will include qualitative
(horticultural) monitoring and a review and assessment of maintenance work.
Recommendations that will help promote project success will be included in each report.
Quantitative biological data collection will be performed during the fall monitoring visit. The
first annual report will be submitted in early January 2003, as required by the ACOE.
Qualitative and quantitative monitoring tasks have been described in detail below.
A. Horticultural (Qualitative) Monitoring
Horticultural Monitoring: DUDEK will review the health of the container plants and seeding
during each site visit. Plant health observations will focus on irrigation scheduling, soil
moisture content, water stress, and the presence of pests. The general development of the
target vegetation type and structure will be observed and noted.
Weed Control: Weed growth will be monitored to ensure that weeds and invasive species
that could interfere with native plant establishment are being adequately controlled. The
biologist will note weed and exotic species that need to be removed and make a
recommendation on method of removal/control.
Erosion Control: DUDEK will note any erosion problems such as rills, gullies or sediment
deposition that appear onsite due to rainfall or irrigation. A recommendation to remedy any
erosion damage will be made.
Pest Control: DUDEK will monitor for insect infestations and herbivore damage (gophers,
deer rabbits, etc.) during each monitoring visit. A determination of the relative level of threat
to the overall habitat development will be made when insects are detected. DUDEK will
inform the City of conditions that could limit or reduce the success of habitat development
and make a recommendation for treatment or control.
Trash Removal: DUDEK will monitor accumulations of trash and debris onsite, whether
deposited by wind, water, or human activity. Areas of trash accumulation will be noted in
the monitoring reports for removal by the maintenance contractor.
Project Fence and Signage: Perimeter fencing and habitat signage will be reviewed for
breakage and vandalism. Any deficiencies will be included in the monitoring reports.
B. Biological Monitoring
Quantitative vegetation assessment will utilize a modified version of the California Native
Plant Society vegetation sampling methodology. The methodology involves 50 meter long
point -transects centered on a 50 m x 5 m plot. At each 0.5 m interval along the transect
(beginning at 50 cm and ending at 50 m), a point is projected vertically into the vegetation.
Each species intercepted by this point is recorded, providing a tally of hits for each species
in the herb, shrub, and tree canopy layers. A list of additional species occurring within the
50 m x 5 m (250 2 m) plot will be recorded.
A minimum or eight transects will be placed in the revegetation areas and sampled each fall
quarter. A standard vegetation monitoring worksheet will be used by DUDEK to record
quantitative data in the field. Each data sheet will be summarized in table format and
included in the annual report. Photos from documentation stations will be taken to record
the progress of the restoration effort. The following vegetation characteristics will be derived
from field -collected data and included in the annual report:
Percent Cover: Transect data will be analyzed and the total cover of native vegetation,
weeds/exotic plants, and bare ground will be quantified and included in transect data tables.
Species Composition: A tally of each species occurring within each transect will be used to
determine the percent occurrence.
Survivorship_ Individual container plants that have died within wetland revegetation areas
will be counted and reported during summer monitoring. DUDEK will include
recommendations on species replacement, timing and container size in the annual report.
The ACOE requires 80% survival the first year and 100% survival thereafter.
Tree and Shrub height: The first ten of each container planted tree species along the five
meter wide transect belt will be measured and averaged. Average tree and shrub heights will
be summarized in tabular format and included in the annual report. This is a requirement of
2
the ACOS.
C. Reporting
Quarterly monitoring report will prepared following each monitoring visit. A quantitative
biological monitoring report will be submitted following the fall monitoring site visit and will
include summarized biological data in tabular format along with color photo reproductions.
The annual monitoring report will be prepared and submitted in early January 2003, as
required by the ACOS. The annual report will include all required data as outlined in the
Conceptual Wetland Mitigation and Revegetation and resource agency permits. Draft annual
reports will be submitted to the City for review and comment. Following the review,
DUDEK will finalize and submit final annual reports to you and the resource agencies.
Deliverables:
♦ Quarterly Biological Monitoring Reports will be submitted following each quarterly
monitoring site visit.
♦ Draft annual report without graphics will be submitted in early January 2003.
♦ Final annual reports with color photographs will be submitted each year for five years,
(five copies per year, two submitted to you, one to the Army Corps of Engineers, one to
the California Department of Fish and Game, and one for our files).
EXHIBIT B
COST PROPOSAL
HABITAT RESTORATION SERVICES
For the
ARROYO TRABUCO CONSERVATION AREA CREATED BY THE LOWER
ROSAN OFF-SITE WETLANDS MITIGATION PROJECT
14 MARCH 2002
All work will be billed monthly on a time and materials not to exceed basis in accordance
with the DUDEK 2002 Standard Schedule of Charges, and as defined in the contract. The
amount(s) shown below include direct costs for mileage, photography, transect posts,
reproduction, and mailing.
1.0 Biological Monitoring.................................................................... $9,300.00
S ASSOCIATES, INC.
EXHIBIT C
RATE SCHEDULE
ENGINEERING SERVICES
3D Graphic Artist ................................................
Principal Engineer ..............................................
$140.00/hr
Project Manager .................................................
$130.00/hr
Senior Engineer .................................................
$115.00/hr
Associate Engineer ............................................
$105.00/hr
Project Engineer II ..............................................
$95.00/hr
Project Engineer I ...............................................
$85.00/hr
Resident Engineer ..............................................
$95.00/hr
Field Engineer ....................................................
$85.00/hr
Engineering Inspector II .....................................
$75.00/hr
Engineering Inspector I ......................................
$65.00/hr
Engineering Assistant ........................................
$55.00/hr
PLANNING
3D Graphic Artist ................................................
Division Manager / Licensed Surveyor ...............
Planning Project Manager ..................................
$
115.00/hr
Senior Planner ...................................................
$
90.00/hr
Project Planner ...................................................
$
80.00/hr
Research Planner ...............................................
$
70.00/hr
Assistant Planner ...............................................
$
65.00/hr
Planning Technician ...........................................
$
60.00/hr
Planning Drafter .................................................
$
55.00/hr
SURVEYING
3D Graphic Artist ................................................
Division Manager / Licensed Surveyor ...............
$ 125.00/hr
Surveying & Mapping Mgr / Licensed Surveyor $ 115.00/hr
Mapping & Legal Project Manager .....................
$ 90.00/hr
Field Supervisor / Survey Analyst ......................
$ 90.00/hr
Assistant Survey Analyst ....................................
$ 85.00/hr
Mapping & Legal Technician ..............................
$ 70.00/hr
Survey Technician .............................................
$ 60.00/hr
1 -Person Survey Crew .......................................
$ 125.00/hr
2 -Person Survey Crew .......................................
$ 155.00/hr
3 -Person Survey Crew .......................................
$ 195.00/hr
HYDROGEOLOGICAL SERVICES
Principal............................................................. $
Sr. Hydrogeologist/ Sr. Project Manager ............. $
Associate Hydrogeologist / Engineer .................. $
Hydrogeologist IV/ Engineer IV .......................... $
Hydrogeologist III / Engineer III .......................... $
Hydrogeologist II / Engineer II ............................ $
Hydrogeologist I / Engineer I ............................. $
Technician......................................................... $
ENVIRONMENTAL SERVICES
Principal............................................................. $
Senior Project Manager/Specialist ...................... $
Environmental Specialist/Planner VI ................... $
Environmental Specialist /Planner V ................... $
Environmental Specialist /Planner IV .................. $
Environmental Specialist /Planner III .................. $
Environmental Specialist /Planner II ................... $
Environmental Specialist /Planner I .................... $
Analyst............................................................... $
Research Assistant ............................................. $
Company Services
CONSTRUCTION MANAGEMENT SERVICES
3D Graphic Artist ................................................
Principal / Manager ............................................
$ 130.00/hr
Construction Manager .......................................
$ 120.00/hr
Senior Project Manager ......................................
$ 110.00/hr
Project Manager .................................................
$ 100.00/hr
Construction Engineer .......................................$
90.00/hr
Construction Inspector III ...................................
$ 80.00/hr
Construction Inspector II ....................................
$ 70.00/hr
Construction Inspector I .....................................
$ 75.00/hr
DISTRICT MANAGEMENT & OPERATIONS
3D Graphic Artist ................................................
$ 120.00/hr
District General Manager ....................................
$
140.00/hr
District Engineer ............................................
$
110.00/hr
District Manager II ..............................................
$
110.00/hr
District Manager I ...............................................
$
95.00/hr
District Manager Assistant ..................................
$
70.00/hr
District Secretary/Accountant .............................
$
70.00/hr
Grade IV Operator ...............................................
$
80.00/hr
Grade III Operator ...............................................
$
65.00/hr
Grade II Operator ................................................
$
55.00/hr
Grade I Operator .................................................
$
52.00/hr
Operator in Training ...........................................
$
40.00/hr
Laborer..............................................................$
Clerical Administration .......................................
34.00/hr
INFORMATION SYSTEMS
Information Systems Manager ............................ $ 155.00/hr
Systems Technician II ......................................... $ 100.00/hr
PRINCIPAL..........................................$140.00 -$165.00/hr
OFFICE SERVICES
{ TECHNICAL / DRAFTING/CADD SERVICES
0- 35(0z-ol
3D Graphic Artist ................................................
$ 120.00/hr
Senior Designer .................................................
$ 90.00/hr
165.00/hr
GIS Technician II ................................................
$ 90.00/hr
130.00/hr
GIS Technician I .................................................
$ 80.00/hr
115.00/hr
CADD /Designer III .............................................
$ 85.00/hr
95.00/hr
CADD /Designer II ..............................................
$ 85.00/hr
80.00/hr
CADD Drafter I ...................................................
$ 75.00/hr
75.00/hr
CADD Operator II ................................................
$ 70.00/hr
65.00/hr
CADD Operator I .................................................
$ 65.00/hr
55.00/hr
Assistant Designer Drafter ..................................
$ 65.00/hr
SUPPORT SERVICES
150.00/hr
Computer Processing .........................................$
65.00/hr
140.00/hr
Clerical Administration .......................................
$ 55.00/hr
125.00/hr
FORENSIC ENGINEERING -Court appearances and depositions as expert witness will
115.00/hr
be billed at 1.5 times normal rates.
105.00/hr
EMERGENCY AND HOLIDAYS -Minimum chargeof two
hourswill bebilled at1.51imesthe
95.00/hr
normal rate.
80.00/hr
MATERIAL AND OUTSIDE SERVICES - . Subcontractors, rental of special equipment,
70.00/hr
special reproductions and blueprinting, outside
data processing and computer
services, at,., are charged at 1.15 times the direct
cost.
60.00/hr
TRAVEL EXPENSES -Mileage at 34.5 cents per mile.
Per diem where overnight stay
50.00/hr
is involved is charged at cost.
Effective December 4, 2001
0- 35(0z-ol