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.
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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, 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.
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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
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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
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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
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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 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
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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 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
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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 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
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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
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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�
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�,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