06-0606_DUDEK & ASSOCIATES_Personal Services Agreement (2)r 0
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. CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Douglas Dumhart, Economic Development Manager
FROM: Christy Swanson, Secretary DATE: June 1, 2007
SITUATION:
On June 6, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with Dudek & Associates to retain Biological and Environmental Consulting
services for San Juan Capistrano Community Redevelopment Agency.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: �� r`�'1.+ D ry\
w c,c� 1 /J C✓L� �%� /t /I ° C ck
• DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: (D ( Ib�]
Tickler Date: 06/01/07
Deadline Date: 06/30/07
(600.40/dudek)
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***FOR CITY CLERK'S DEPARTMENT USE ONLY***
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6t' day of June, 2006, 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 refa•--
Consultant warrants tha+ in a competent,
professional anr+ `' - standards of its
profer
t and services
required
SE
Nine thousE
incorporates
Rate Schedule.
au not exceed
ut Lxhibit "B," attached and
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, 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.
Priorto 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
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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.
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
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To Consultant: Dudek & Associates, INC.
605 Third Street
Encinitas, CA 92024
Attn: Lucy-Ayer6,
Fra x� k 't,-, � cba r) -P rr s d e .1k
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:
5)Z, --
John R. S aw, Agency Aft rney
CONSULTANT
on
lai=
i
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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
March 28, 2006
Work under this scope will include the following:
BIOLOGICAL MONITORING
Biological monitoring will be performed for one-year (1 July 2006 - July 2007) 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 fall monitoring
visit. The fifth annual report will be submitted in February 2007 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 needs 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(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.
4619-01
L�A�SSOCUTES, March 28, 2006 1
r.W.,: T Mcaw�pin
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EXHIBIT A
SCOPE OF WORK
r_1
HABITAT RESTORATION SERVICES FOR THE
ARROYO TRABUCO CONSERVATION AREA CREATED BY
THE LOWER ROSAN OFF-SITE WETLANDS MITIGATION PROJECT
March 28, 2006
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.
Proiect 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. 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
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 eight transects will be analyzed and sampled each fall or spring quarter based on
target habitat type. 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.
4619-01
March 28, 2006 2
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L-A
EXHIBIT A
SCOPE OF WORK
HABITAT RESTORATION SERVICES FOR THE
ARROYO TRABUCO CONSERVATION AREA CREATED BY
THE LOWER ROSAN OFF-SITE WETLANDS MITIGATION PROJECT
March 28, 2006
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.
C. Reporting
Quarterly monitoring reports will prepared following each monitoring visit. The annual monitoring
report will be prepared and submitted in February 2007. 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. 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.
Finalized annual report with color photographs will be submitted in February 2006, (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).
4619-01
March 28, 2006
EXHIBIT B
COST ESTIMATE
HABITAT RESTORATION SERVICES FOR THE
ARROYO TRABUCO CONSERVATION AREA CREATED BY
THE LOWER ROSAN OFF-SITE WETLANDS MITIGATION PROJECT
March 28, 2005
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 2006 Standard Schedule of Charges, and as defined in
the contract. This amount includes direct costs for mileage, photography, reproduction, and mailing.
4168-01
March 28, 2005
San Juan Capistrano
Community
Redevelopment
Agency
Dudek & Associates, Inc.
605 Third Street
Encinitas, CA 92024
Attention: Frank Dudek, President
Dear Mr. Dudek:
June 13, 2006
A fully executed Personal Services Agreement related to providing biological and
environmental consulting services is enclosed for your records.
Thank you for maintaining documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Douglas Dumhart, Economic Development Manager (949) 443-6316.
Thank you,
Meo WnXan, CMC
City Plerk
cc: glas Dumhart, Economic Development Manager
32400 Paseo Adelanto
San Juan Capistrano
California 92675
949-493-1171