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07-0613_DUDEK_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of June, 2007, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Dudek, a California Corporation (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 30th 2008. 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 "B," 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. —1— 0 0 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. —2— 0 0 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. —3— 0 0 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. 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 —4— 0 0 policies to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 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, 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 —5— 0 To Consultant: Dudek 605 Third Street Encinitas, CA 92024 Attn: 011100 r"MK T.'DWfiK ( `FR.rstvEMT 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 Dave Adams. Executive Director APPROVED AS TO FORM: John R*ShaAg�ency Attorney CONSULTANT 01 Win ai .E ATTEST: Agency Secretary 0 0 EXHIBIT A SCOPE OF WORK Habitat Restoration Services for the Arroyo Trabuco Conservation Area Created by The Lower Rosan Off -Site Wetlands Mitigation Project June 25, 2007 Work under this scope will include the following: BIOLOGICAL MONITORING Biological monitoring will be performed for one year (1 July 2007 - July 2008) 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 (ACOE) 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 spring monitoring visit. A final report (sixth annual report) will be submitted in April 2008 summarizing remedial restoration, and supplementary maintenance and monitoring during this additional year for the project, as required by the ACOE and CDFG. Qualitative and quantitative monitoring tasks have been described in detail below. A. Remedial Restoration Recommendations Dudek will provide a plant palette and installation oversight for remedial restoration work required by the ACOE and CDFG for Year Six. Dudek will provide the City with a plant palette of container plants and seed mix for project areas deemed below the required native cover as established in the final success criteria (Year Five). Following acceptance of the proposed plant palette, Dudek will field locate areas for remedial planting with pin flags and conduct a follow-up site visit to verify correct installation of all recommended and flagged planting areas. Plant establishment will be monitored during quarterly site visits. B. 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 needs, soil moisture content, water stress, and the presence of pests and disease. The general development of the target vegetation type 5113.01 D U D E K A-1 June 2007 0 EXHIBIT A SCOPE OF WORK 9 Habitat Restoration Services for the Arroyo Trabuco Conservation Area Created by The Lower Rosan Off -Site Wetlands Mitigation Project June 25, 2007 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(s) 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 Signage: Perimeter fencing and habitat signage will be reviewed for breakage and vandalism. Any deficiencies will be included in the monitoring reports. C. Quantitative Monitoring Quantitative vegetation assessment will utilize a modified version of the California Native Plant Society's vegetation sampling methodology. The methodology involves 50 -meter long point -transects centered on a 50 in x 5 in plot. At each 0.5 in 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 D U D E K A -z June o0 0 0 EXHIBIT A SCOPE OF WORK Habitat Restoration Services for the Arroyo Trabuco Conservation Area Created by The Lower Rosan Off -Site Wetlands Mitigation Project June 25. 2007 tree canopy layers. A list of additional species occurring within 50 in x 5 in (250m) species richness belt will be recorded. A minimum or six transects will be analyzed and sampled each fall or spring quarter based on target habitat type. Transect data collection will be monitored during Year Six to focus on remedial planting areas. Dudek may choose to establish and collect data from additional transect locations in areas of remedial planting and not collect data from established transect locations that have achieved the required native vegetation during Year Five. 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 designated photo points 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: 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. 5113.01 D U D E K A-3 June 2007 0 0 EXHIBIT A SCOPE OF WORK Habitat Restoration Services for the Arroyo Trabuco Conservation Area Created by The Lower Rosan Off -Site Wetlands Mitigation Project June 25, 2007 D. Reporting Quarterly monitoring reports will prepared following each monitoring visit. The annual monitoring report will be prepared and submitted in April 2008. Quantitative biological monitoring data which includes summarized biological data in tabular format will be included in the annual report. The annual report will include all required data as outlined in the Conceptual Wetland Mitigation and Revegetation Plan and resource agency permits. The annual report will focus on remedial restoration and site progress in deficient areas during Year Six. Dudek will finalize and submit the annual report to the City and the resource agencies, unless the City requests review of the Draft report. Deliverables: • Quarterly Biological Monitoring Reports will be submitted following each quarterly monitoring site visit. • Finalized annual report with color photographs will be submitted in April 2007, (five copies; two submitted to the City, one to the Army Corps of Engineers, one to the California Department of Fish and Game, and one for our files). D U D E K A-4 June 007 0 EXHIBIT B COST ESTIMATE Habitat Restoration Services for the Arroyo Trabuco Conservation Area Created by The Lower Rosan Off -Site Wetlands Mitigation Project June 25, 2007 All work will be billed monthly, on a time and materials not to exceed basis in the amount of $9,300.00, in accordance with the Dudek 2007 Standard Schedule of Charges, and as defined in the contract. This amount includes direct costs for mileage, photography, reproduction, and mailing. D U D E K a-1 Ju5113.01 ne 2007 • EXHIBIT B DUDEK 2007 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director...........................................$190.00/hr $200.00/hr Program Manager.......................................$180.00/hr $140.00/hr Principal Engineer II....................................$170.00/hr $135.00/hr Principal Engineer I .....................................$160.00/hr $85.00/hr Senior Project Manager..............................$150.00/hr $130.00/hr Project Manager..........................................$135.00/hr $100.00/hr Resident Engineer ......................................$130.00/hr $85.00/hr Senior Engineer II.......................................$125.00/hr $75.00/hr Senior Engineer I .......................................$120.00/hr $80.00/hr Associate Engineer ....................................$115.00/hr $65.00/hr Project Engineer IV.....................................$110.00/hr $50.00/hr Project Engineer III......................................$100.00/hr $48.00/hr Project Engineer ll.........................................$95.00/hr $36.00/hr Project Engineer I .........................................$85.00/hr Field Engineer Il..........................................$105.00/hr Field Engineer I.............................................$95.00/hr Engineering Assistant ................................... $80.00/hr Right -of -Way Management Services Principal ROW Manager.............................$165.00/hr $200.00/hr ROW Project Manager................................$135.00/hr $140.00/hr ROW Senior Engineer.................................$120.00/hr $135.00/hr ROW Engineer............................................$110.00/hr $85.00/hr ROW Technician.........................................$100.00/hr $130.00/hr ROW Research Analyst................................$70.00/hr $100.00/hr Environmental Services Principal...................................................... $200.00/hr Senior Project Manager/Specialist ..............$185.00/hr $140.00/hr Environmental Specialist/Planner VI ...........$160.00/hr $135.00/hr Environmental Specialist/Planner V............$140.00/hr $85.00/hr Environmental Specialist/Planner IV ........... $130.00/hr Environmental Specialist/Planner III ...........$115.00/hr $100.00/hr Environmental Specialist/Planner II ............$105.00/hr $85.00/hr Environmental Specialist/Planner I ...............$95.00/hr $75.00/hr Analyst.......................................................... $80.00/hr Planning Research Assistant ........................ $65.00/hr Construction Management Services Principal/Manager....................................... $185.00/hr Senior Construction Manager ....................$170.00/hr $140.00/hr Senior Project Manager..............................$150.00/hr $135.00/hr Construction Manager.................................$140.00/hr $85.00/hr Project Manager..........................................$135.00/hr $130.00/hr Resident Engineer....................................$130.00/hr $100.00/hr Construction Engineer.................................$125.00/hr $85.00/hr On-site Owner's Representative .................$100.00/hr $75.00/hr Construction Inspector III............................$115.00/hr $63.00/hr Construction Inspector ll.............................$105.00/hr $60.00/hr Construction Inspector I................................$95.00/hr $50.00/hr Hydrogeological Services Principal...................................................... $190.00/hr Practice Manager........................................$175.00/hr $140.00/hr Senior Environmental Engineer ..................$175.00/hr $135.00/hr Sr. Hydrogeologist/Sr. Proj Mgr..................$160.00/hr $85.00/hr Project Manager/Hydro...............................$140.00/hr $130.00/hr Associate Hydrogeologist/Engineer ............$125.00/hr $100.00/hr Hydrogeologist IV/Engineer IV ....................$115.00/hr $85.00/hr Hydrogeologist III/Engineer III .....................$105.00/hr $75.00/hr Hydrogeologist II/Engineer II.........................$95.00/hr $63.00/hr Hydrogeologist I/Engineer I...........................$85.00/hr Technician..................................................... $75.00/hr District Management & Operations District General Manager ............................... $165.00/hr District Engineer ............................................. $140.00/hr District Manager ............................................ $135.00/hr District Secretary/Accountant .......................... $85.00/hr Collections System Manager.........................$85.00/hr $130.00/hr Grade V Operator .......................................... $100.00/hr Grade IV Operator ........................................... $85.00/hr Grade III Operator ............................................ $75.00/hr Grade II Operator ............................................. $63.00/hr Grade I Operator .............................................. $60.00/hr Operator in Training ......................................... $50.00/hr Collection Maintenance Worker II .................... $48.00/hr Collection Maintenance Worker I ..................... $36.00/hr Office Services Technical/Drafting/CADD Services 3D Graphic Artist ............................................ $130.00/hr Senior Designer ............................................. $115.00/hr Designer......................................................... $100.00/hr Assistant Designer ........................................... $75.00/hr GIS Specialist IV ............................................ $130.00/hr GIS Specialist III ............................................ $115.00/hr GIS Specialist II ............................................. $105.00/hr GIS Specialist I ................................................ $95.00/hr CADD Operator II ............................................. $90.00/hr CADD Operator I .............................................. $80.00/hr CADD Drafter ................................................... $75.00/hr CADD Technician ............................................ $60.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor ........................... $150.00/hr 3 -Person Survey Crew ................................... $225.00/hr 2 -Person Survey Crew ................................... $195.00/hr 1 -Person Survey Crew ................................... $105.00/hr Survey Analyst ............................................... $105.00/hr Asst.Survey Analyst/CADD Mapper ................. $75.00/hr Support Services Technical Editor ............................................. $105.00/hr Computer/Word Processing ............................. $75.00/hr Clerical Administration ..................................... $65.00/hr 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 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 48.5 cents per mile. Per them 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 thirty (30) days from the dale of the invoice. Client agrees to pay a monthly late charge equal to one percent (1 %) per month of the outstanding balance until paid in full. D U D E K Effective January 1, 2007 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAx www.sanjuancapistrano.org TRANSMITTAL TO: Dudek 605 Third Street Encinitas, CA 92024 Attention: Frank J. Dudek, President J� ij �,y IA[OAI�AAIFA EST IuAAAA 1961 1776 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 MEMBERS OF THE CITY COUNCIL RE: Personal Services Agreement — Biological & Environmental Consulting SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO An original, executed agreement is enclosed for your records. If you have questions regarding the agreement, please contact the project manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. CC: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future Q1* Printed on 100%recycled paper