03-0618_DUDEK & ASSOCIATES, INC._Personal Services Agreement0
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of June, 2003, 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 301h 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation forthe 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.
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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.
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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,
director 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 pursuantto 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.
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.
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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, Consultantshall 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.
Prior to beginning any work under this Agreement, Consultant shall submit
the 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 ISO form CG 20 10 11 85 (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.
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13.5 Notice of Cancellation/Termination 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, orto 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
To Consultant: Dudek & Associates, INC.
605 Third Street
Encinitas, CA 92024
Attn: Lucy Myers, Corporate Office Manager
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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 Aareement.
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
Executive Director
APPROVED AS TO FORM:
John �] aw, Agency Attorney
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PA300.Environmental\3102-01 Lower Rosan\Dudek 2004 PSA1 _wg
CONSULTANT
Frank J. Dudek. President
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EXHIBIT A
SCOPE OF WORK
HABITAT RESTORATION SERVICES
For the
ARROYO TRABUCO CONSERVATION AREA CREATED BY THE LOWER ROSAN
OFF-SITE WETLANDS MITIGATIONPROJECT
23 JUNE 2003
Work under this scope will include the following:
1.0 BIOLOGICAL MONITORING
Biological monitoring will be performed for one-year (1 July 2003-1 July 2004)
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 (ALOE) 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
second annual report will be submitted in January 2004, 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 and disease. 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 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 Sianage: Perimeter fencing and habitat signage willbe 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 in x 5 in 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 in (250 2
m) plot will be recorded.
A minimum or eight transects will be analyzed 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
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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.
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. The annual monitoring report will be prepared and submitted in January
2004. 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 January 2004.
♦ The final annual report with color photographs will be submitted in January,
2004 (five copies, 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).
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EXHIBIT B
COST PROPOSAL
HABITAT RESTORATION SERVICES
For the
ARROYO TRABUCO CONSERVATION AREA CREATED BY THE LOWER ROSAN
OFF-SITE WETLANDS MITIGATION PROJECT
PlIv1A)IaP1616N
All work will be billed monthly on a time and materials not to exceed basis in
accordance with the DUDEK 2003 Standard Schedule of Charges, and as defined
in the contract. The amount(s) shown below include direct costs for mileage,
photography, reproduction, and mailing.
1.0 Biological Monitoring............................................................ 89,300.00
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EXHIBIT C
RATE SCHEDULE
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DUDEK & ASSOCIATES, INC.
2003 STANDARD SCHEDULE OF CHARGES
Engineering Services
Principal Engineer ......................................
$145.00/hr
Project Manager .........................................
$130.00/hr
Senior Engineer ..........................................
$125.00/hr
Associate Engineer ....................................
$115.00/hr
Assistant Engineer .......................................
$95.00/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 ................................
$80.00/hr
Engineering Inspector I .................................
$70.00/hr
Engineering Assistant ...................................
$60.00/hr
Planning
Planning Project Manager ..........................
$120.00/hr
Senior Planner ............................................
$100.00/hr
Project Planner .............................................
$90.00/hr
Research Planner .........................................
$85.00/hr
Assistant Planner .........................................
$65.00/hr
Planning Technician .....................................
$60.00/hr
Planning Drafter ...........................................
$55.00/hr
Surveying
Division Manager/Licensed Surveyor......... $125.00/hr
Mapping & Legal Project Manager ...............
$95.00/hr
Field Surveyor/Survey Analyst .....................
$90.00/hr
Assistant Survey Analyst ..............................
$85.00/hr
Mapping & Legal Technician ........................
$75.00/hr
Survey Technician ........................................
$65.00/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......................................................
$170.00/hr
Sr. Hydrogeologist/Sr. Project Manager.....
$130.00/hr
Associate Hydrogeologist/Engineer............
$115.00/hr
Hydrogeologist IV/Engineer IV .....................
$95.00/hr
Hydrogeologist III/Engineer III ......................
$85.00/hr
Hydrogeologist II/Engineer II ........................
$75.00/hr
Hydrogeologist I/Engineer I ..........................
$65.00/hr
Technician....................................................
$55.00/hr
Environmental Services
Principal......................................................
$150.00/hr
Senior Project manager/Specialist .............
$140.00/hr
Environmental Specialist/Planner VI ..........
$130.00/hr
Environmental Specialist/Planner V ...........
$125.00/hr
Environmental Specialist/Planner IV ..........
$115.00/hr
Environmental Specialist/Planner III...........
$105.00/hr
Environmental SpecialisUPlanner II ..............
$90.00/hr
Environmental Specialist/Planner I ...............
$80.00/hr
Analyst..........................................................
$70.00/hr
Research Analyst .........................................
$60.00/hr
Construction Management Services
Principal/Manager......................................
$140.00/hr
Construction Manager ................................
$125.00/hr
Senior Project Manager ..............................
$115.00/hr
Project Manager .........................................
$105.00/hr
Construction Engineer ..................................
$95.00/hr
Construction Inspector III .............................. $85.00/hr
Construction Inspector II ............................... $80.00/hr
Construction Inspector I ................................ $75.00/hr
District Management & Operations
District General Manager ............................
$145.00/hr
District Engineer .........................................
$110.00/hr
District Manager II ......................................
$120.00/hr
District Manager I .......................................
$100.00/hr
District Manager Assistant ............................
$70.00/hr
District Secretary/Account ...........................
$70.00/hr
Grade V Operator .........................................
$90.00/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.........................................................
$34.00/hr
Urban and Community Forestry
Principal/Senior Consulting Arborist........... $150.00/hr
Senior Project Manager V ..........................
$135.00/hr
Senior Project Manager IV .........................
$120.00/hr
Senior Project Manager III ..........................
$105.00/hr
Project Manager II ........................................
$90.00/hr
Project Manager I .........................................
$75.00/hr
Certified/Consulting Arborist ................
$90-$150.00/hr
Certified Forester ........................................
$120.00/hr
Global Position System Technician ..............
$75.00/hr
Data Collection Specialist .............................
$60.00/hr
Research Assistant ......................................
$50.00/hr
GIS Equipment Charge..............................$50.00/day
Resistograph ..............................................$30.00/day
Office Services
Technical/Drafting/CADD Services
3D Graphic Artist ........................................
$125.00/hr
Senior Designer ............................................
$95.00/hr
GIS Specialist II ............................................
$90.00/hr
GIS Specialist I .............................................
$80.00/hr
CADD/ Designer ..........................................
$85.00/hr
CADD Drafter ..............................................
$75.00/hr
CADD Operator I ..........................................
$65.00/hr
Assistant Designer Drafter ............................
$65.00/hr
Support Services
Computer Processing ................................... $65.00/hr
Clerical Administration .................................. $60.00/hr
Forensic Engineering -Court appearances and depositions as expert witness
will be billed at 1.75 times normal rates.
Emergency and Holidays - Minimum charge of two hours will be billed at 1.5
times the normal rate.
Material and Outside Services - subcontractors, rental of special equipment,
special reproductions and blueprinting, outside data processing and computer
services, etc., are charged at 1.15 times the direct cost.
Travel Expenses - Mileage at 36.0 cents per mile. Per -diem where overnight
stay is involved is charged at cost
Effective January 1, 2003