16-0616_DUDEK_Letter Agreement32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
KERRY K. FERGUSON
RAM PATTERSON, ESQ.
JOHN M. PERRY
DEREK REEVE
JUNE 16,2016
DUDEK
31878 CAMINO CAPISTRANO #200
SAN JUAN CAPISTRANO, CA 92675
Dear Mr. Henry:
This letter shall be our Agreement ("Letter Agreement") regarding the biological resources
assessment described below ("Services") to be provided by Dudek, a Corporation ("Consultant")
as an independent contractor to the City of San Juan Capistrano (the "City") for the City's
Eastern Irrigation Water System ("Project"). Consultant is retained as independent contractor
and is not an employee of the City. City and Consultant are sometimes referred to herein as
"Party" or "Parties."
The Services to be provided include the following: The Services to be provided are more
particularly described in the Scope of Services attached hereto as Exhibit "A" and are
incorporated herein by reference.] Services on the Project shall begin immediately and shall be
completed by September 1, 2016, unless extended by the City in writing.
Consultant shall perform all Services under this Letter Agreement in a skillful and competent
manner, consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California, and consistent with all applicable laws.
Consultant represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Letter Agreement.
Consultant has represented to the City that certain key personnel will perform and coordinate the
Services under this Letter Agreement. Should one or more of such personnel become
unavailable. Consultant may substitute other personnel of equal competence upon written
approval of the City. In the event that the City and Consultant cannot agree as to the substitution
of key personnel, the City shall be entitled to terminate this Letter Agreement for cause. The key
personnel for performance of this Letter Agi'eement are as follows: Ryan Henry.
Compensation shall be based on the actual amount of time spent in adequately performing the
61147.02100\24471575.1 1
Letter Agreement for Biological Resources Assessment
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100% recycled paper
Dudek
June 16, 2016
Page 2 of5
Services, and shall be billed at the hourly rate(s) of $ Compensation shall be based on the actual
amount of time spend in adequately performing the Services and shall be billed at the hourly
rate(s) described in the Consultant's rate sheet, attached hereto as Exhibit "B" and incorporated
herein by reference. The total compensation shall not exceed $5,160 without written approval of
the CITY MANAGER. Consultant's invoices shall include a detailed description of the Services
performed. Invoices shall be submitted to the City on a monthly basis as performance of the
Services progresses. The City shall review and pay the approved charges on such invoices in a
timely manner.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
Services are being performed as part of an applicable "public works" or "maintenance" project,
as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more.
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement
of this Letter Agreement. Consultant shall make copies of the prevailing rates of per diem wages
for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultant's principal place of
business and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents fi-ee and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
If the Services are being performed as part of an applicable "public works" or "maintenance"
project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all
subconsultants performing such Services must be registered with the Department of Industrial
Relations. Consultant shall maintain registration for the duration of the Project and require the
same of any subconsultants, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's
sole responsibility to comply with all applicable registration and labor compliance requirements.
Consultant shall provide proof of commercial general liability, business auto liability, and
professional liability/errors and omissions insurance to the City in amounts and with policies,
endorsements and conditions required by the City for the Services. The City, its elected officials,
officers, employees, agents and authorized volunteers shall be named as Additional Insureds on
Consultant's policies of commercial general liability and automobile liability insurance. If
Consultant is an employer or otherwise hires one or more employees during the term of this
Project, Consultant shall also provide proof of workers compensation coverage for such
employees, which meets all requirements of State law, with endorsements and conditions
required by the City.
The City may terminate this Letter Agreement at any time with or without cause. If the City
finds it necessary to terminate this Letter Agreement without cause before Project completion.
61147.02100\24471675.1 2
Dudek
June 16,2016
Pages of5
Consultant shall be entitled to be paid in full for those Services adequately completed prior to the
notification of termination. Consultant may terminate this Letter Agreement only upon 30
calendar days' written notice to the City only in the event of City's failure to perform in
accordance with the terms of this Letter Agreement through no fault of Consultant.
To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind,
in law or equity, to property or persons, including wrongful death, in any maimer arising out of,
pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials,
officers, employees, subconsultants, consultants or agents in connection with the performance of
the Consultant's Services, the Project or this Letter Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other related
costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required
by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall
survive expiration or termination of this Letter Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or
volunteers.
Consultant shall keep itself fully informed of and in compliance with all local, state and federal
laws, rules and regulations in any manner affecting the performance of the Project or the
Services, including all Cal/OSHA requirements; all emissions limits and permitting requirements
imposed by the California Air Resources Board (CARB) or other governmental agencies; and all
water quality laws, rules and regulations of the Environmental Protection Agency, the State
Water Resources Control Board and the City.
By executing this Letter Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time. Consultant shall maintain records of its
compliance, including its verification of each employee, and shall make them available to the
City or its representatives for inspection and copy at any time during normal business hours. The
City shall not be responsible for any costs or expenses related to Consultant's compliance with
the requirements. To the same extent and under the same conditions as Consultant, Consultant
shall require all of its subcontractors, sub-subcontractors and consultants performing any work
relating to the Project or this Letter Agreement to make the same verifications and comply with
all requirements and restrictions provided herein. Consultant's failure to comply or any material
misrepresentations or omissions relating thereto shall be grounds for terminating this Letter
Agreement for cause.
By its signature hereunder. Consultant certifies that it is aware of the provisions of Section 3700
of the California Labor Code which require every employer to be insured against liability for
Workers' Compensation or to undertake self-insurance in accordance with the provisions of that
61147.02100\24471675.1 3
Dudek
June 16, 2016
Page 4 of 5
Code, and agrees to comply with such provisions before commencing the performance of the
Services. Finally, Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment in violation of
state or federal law. As provided for in the indemnity obligations of this Letter Agreement,
Consultant shall indemnify City against any alleged violations of this paragraph, including, but
not limited to, any fines or penalties imposed by any governmental agency.
This Letter Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall
be brought in a state or federal court situated in Orange County, State of California. In addition
to any and all contract requirements pertaining to notices of and requests for compensation or
pa3nnent for extra work, disputed work, claims and/or changed conditions. Consultant must
comply with the claim procedures set forth in Goverament Code sections 900 et seq. prior to
filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit
based upon the Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions
have been followed by Consultant. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant
shall be barred from bringing and maintaining a valid lawsuit against the City.
Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or
interest in this Letter Agreement without the written consent of the City, which may be withheld
for any reason. This Letter Agreement may not be modified or altered except in writing signed
by both parties. Except to the extent expressly provided for in the termination paragraph, there
are no intended third party beneficiaries of any right or obligation of the Parties.
This is an integrated Letter Agreement representing the entire understanding of the parties as to
those matters contained herein, and supersedes and cancels any prior oral or written
understanding or representations with respect to matters covered hereunder. Since the Parties or
their agents have participated fully in the preparation of this Letter Agreement, the language of
this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly
for or against any Party. The captions of the various paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content or intent of this
Letter Agreement.
Consultant warrants that the individual who has signed this Letter Agreement has the legal
power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you
agree with the terms of this Letter Agreement, please indicate by signing and dating where
indicated below. This Agreement may be signed in counterparts, each of which shall constitute
an original.
61147.02100\24471675.1 4
Dudek
June 16,2016
Pages of 5
Dudek
Signature
Printed Name
Title
Date
6H47.OZ100\24471675.1 5
Dudek
June 16,2016
Page 5 of5
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By.
Maria Morris, City Clerk
Approved As To Form:
Dudek
Sign^ure
June Collins
Printed Name Execulive Vice PiesIUent
Dudek
Title
G -5Z-0
Date
City Attorney
61147.02100\24471675.1 5
DUDEK
31878 CAMINO CAPISTRANO A200
SAN JUAN CAPISTRANO. CALIPORNIA 92675
T 949.450.2525 F 949.450.2626
June 15,2016
Mr. Michael Marquis
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposal for Environmental Consulting Services Pertaining to the Calle
Arroyo-La Novia Irrigation Water System Project, City of San Juan
Capistrano, California
Dear Michael:
Dudek is pleased to provide this proposal for environmental seivices to support the proposed
inigation system project located at the intersection of Calle Arroyo and La Novia within the City
of San Juan Capistrano, Orange County, California (the proposed project). We understand that the
proposed project involves installation of a new mixing building, inigation water lines, and
connections with the existing recycled water system.
Dudek appreciates the oppoitunity to assist the City of San Juan Capistrano (the City) with
evaluating the project site's enviromnental resources. Per your request, we have prepared a scope
of work and budget for a biological resources assessment. The proposed scope of work will be
performed by a qualified biologist who has extensive experience conducting the requested analysis
both within the City and throughout Orange County.
SCOPE OF WORK
Task 1: Biological Resources Assessment
Dudek will conduct a general biological resources suiwey of the project site, plus a 300-foot
sui"vey buffer (study area). Vegetation communities will be classified and mapped in the field
directly onto l:l,200-scale (1"= 100') aerial photographic base and later digitized into a
Geographical Information System (GIS) fonnat using ArcGIS software. During the field suiwey,
a general inventory of all plant and animal species detected by sight, calls, tracks, scat, or other
sign will be compiled, as well as a determination of potential sensitive species that could occur
within the study area. Please note that focused plant and wildlife surveys are not proposed under
this task. In the event state- or federally-listed species are detected within the study area during
the general biological survey and/or the resource agencies detennine them necessary, Dudek will
provide additional scopes of work for City consideration.
Exhibit A
Mr. Michael Marquis
Subject: Revised Proposal for Environmental Consulting Services Pertaining to the the Calle
Arroyo-La Novia Irrigation Water System Project
The results of the field reconnaissance will be summarized in a brief Biological Resources Letter
Report. Vegetation communities and special-status biological resources will be described. An
assessment of existing conditions, an impacts summary, and an assessment of the significance of
the impacts in accordance with the California Environmental Quality Act will be included in the
Biological Resources Letter Report. Graphics will be prepared to illustrate the location of the
site, the existing biological conditions and the proposed project impacts. Potential mitigation
requirements for impacts to special-status biological resources will be discussed in the context of
applicable state, federal and local guidelines. A draft of the Biological Resources Letter Report
will be provided to the City prior to preparation of the final document. This includes one round
of revisions based on comments provided by the City.
Estimated Cost for Task 1 $5,160.00
DELIVERABLES
Dudek will provide the City with the following deliverable products resulting from the activities
outlined in the above tasks:
1. Two (2) draft copies of the Biological Resources Letter Report for review by the City
2. Two (2) final copies of the Biological Resources Letter Report
The City will be responsible for providing:
1. Digital project boundaries (AutoCad dxf format) include coordinate system information
of all project components and/or parcels to be included in the assessment
2. Digital topographic maps (AutoCad dxf format) of all parcels to be included in the study
3. Letters of Authorization/Passage authorizing Dudek staff to occupy all parcels
comprising the subject property for purposes of this scope of services
SCHEDULE
Dudek is prepared to begin work immediately upon receipt of the notice to proceed and we have
the staff immediately available to commit to this project. For illustration purposes, we have
assumed a project kickoff date of June 20, 2016. Dudek commits to meeting the schedule
outlined in Table 1, provided that project information and product review turnaround times meet
the schedule milestones.
DUDEK 2 June 2016
Mr. Michael Marquis
Subject: Revised Proposal for Environmental Consulting Sendees Pertaining to the the Calle
Arroyo-La Novia Irrigation Water System Project
Table 1
Preliminary Schedule
Task No. Task Description Date*
Task1 Biological Resources Assessment July 1,2016
* Represents end date.
The contract between the City and Dudek will be time and materials and will not exceed the
estimated budget unless prior consent is obtained. Billing will be prepared in accordance with
our current Standard Schedule of Charges. Attached is a copy of our 2016 Standard Schedule of
Charges. If this proposal is acceptable to you, Dudek can provide you with a contract for your
signature.
Thank you for the opportunity to provide technical support on this project. If you have any
questions regarding this proposal, please feel free to contact me at 949.373.8321, or
rhenry@dudek.com.
Sincerely,
RyanlHemy
Project Manager/Biologist
att.: 2016 Schedule of Charges
DUDEK 3 June 2016
ATTACHMENT
2016 Schedule of Charges
DUDEK
2016 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director $265.00/hr
Principal Engineer Hi $235.00/hr
Principai Engineer II $225.00/hr
Principal Engineer I $215.00/hr
Program Manager $205.00/hr
Senior Project Manager $205.00/hr
Project Manager $195.00/hr
Senior Engineer III $195.00/hr
Senior Engineer il $185.00/hr
Senior Engineer I $175.00/hr
Project Engineer IV/Technician iV $165.00/hr
Project Engineer Ill/Technician HI $150.00/hr
Project Engineer ll/Technician ii $135.00/hr
Project Engineer l/Tectinician i $120.00/hr
Project Coordinator $95.00/tir
Engineering Assistant $85.00/hr
ENVIRONMENTAL SERVICES
Principal $240.00/hr
Senior Project Manager/Specialist il $225.00/hr
Senior Project Manager/Specialist i $215.00/hr
Environmental Specialist/Planner Vi $195.00/hr
Environmental Specialist/Planner V $ 175.00/hr
Environmental Speciaiist/Pianner iV $165.00/hr
Environmental Speciaiist/Pianner ill $155.00/hr
Environmental Speciaiist/Pianner Ii $135.00/hr
Environmental Speciaiist/Pianner i $125.00/hr
Analyst ill $115.00/tir
Analyst il $105.00/hr
Analyst I $95.00/hr
Planning Assistant li $85.00/tir
Planning Assistant I $75.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner ii $220.00/tir
Senior Project Manager/Coastal Planner i $210.00/hr
Environmental Specialist/Coastal Planner Vi $200.00/tir
Environmental Speciaiist/Coastal Planner V $180.00/hr
Environmental Speciaiist/Coastal Planner IV $170.00/hr
Environmental Speciaiist/Coastal Planner HI $160.00/hr
Environmental Speciaiist/Coastal Planner ii $150.00/hr
Environmental Specialist/Coastal Planner i $140.00/hr
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Archaeologist II $215.00/tir
Senior Project Manager/Archaeologist I $205.00/hr
Environmental Speciaiist/Archaeologist VI $185.00/hr
Environmental Speciaiist/Archaeologist V $165.00/hr
Environmental Specialist/Archaeologist IV $155.00/hr
Environmental Speciaiist/Archaeologist Hi $145.00/hr
Environmental Speciaiist/Archaeologist II $135.00/hr
Environmental Specialist/Archaeologist I $125.00/hr
Environmental Specialist/Paleontologist III $165.00/hr
Environmental Specialist/Paleontologist II $145.00/hr
Environmental Specialist/Paleontologist I $125.00/hr
Paleontological Technician ill $85.00/hr
Paieontoiogical Technician ii $75.00/hr
Paieontologicai Technician i $55.00/hr
Archaeologist Technician li $75.00/hr
Archaeologist Technician I $55.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager $195.00/hr
Senior Construction Manager $180.00/hr
Senior Project Manager $160.00/hr
Construction Manager $150.00/hr
Project Manager $140.00/hr
Resident Engineer $140.00/hr
Construction Engineer $135.00/hr
On-site Owner's Representative $130.00/hr
Construction Inspector ill $125.00/hr
Construction inspector II $115.00/hr
Construction Inspector i $105.00/hr
Prevailing Wage Inspector $135.00/hr
COMPLIANCE SERVICES
Compliance Director $205.00/hr
Compliance Manager S145.00/hr
Compiiance Project Coordinator $105.00/hr
Gompiiance Monitor $95.00/hr
HYDROGEOLOGICAL SERVICES
Principal $260.00/hr
Principal Hydrogeologist/Engineer $240.00/hr
Sr. Hydrogeologist IV/Engineer IV $225.00/hr
Sr. Hydrogeologist ill/Engineer ill $210.00/hr
Sr. Hydrogeologist ii/Engineer ii $195.00/hr
Sr. Hydrogeologist i/Engineer I $180.00/hr
Hydrogeologist Vl/Engineer Vi $160.00/hr
Hydrogeologist V/Engineer V $150.00/hr
Hydrogeologist IV/Engineer IV $140.00/hr
Hydrogeologist Ill/Engineer ill $130.00/hr
Hydrogeologist Ii/Engineer ii $120.00/hr
Hydrogeologist i/Engineer i $110.00/hr
Technician $100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager $185.00/hr
District Engineer $175.00/hr
Operations Manager $150.00/hr
District Secretary/Accountant $100.00/hr
Coiiections System Manager $100.00/hr
Grade V Operator $100.00/hr
Grade iV Operator $90.00/hr
Grade III Operator $85.00/hr
Grade ii Operator $63.00/hr
Grade i Operator $55.00/hr
Operator in Training $40.00/hr
Coiiection Maintenance Worker ii $60.00/hr
Collection Maintenance Worker i $45.00/hr
OFFICE SERVICES
Technical/Drafting/CADD Services
3D Graphic Artist $155.00/hr
Senior Designer $145.00/hr
Designer $135.00/hr
Assistant Designer $130.00/hr
GIS Programmer i $180.00/hr
GiS Specialist IV $155.00/hr
GiS Specialist ill $145.00/hr
GIS Specialist 11 $135.00/hr
GIS Specialist I $125.00/hr
CADD Operator ill $125.00/hr
CADD Operator ii $120.00/hr
CADD Operator I $105.00/hr
CADD Drafter $95.00/hr
CADD Technician $85.00/hr
SUPPORT SERVICES
Technical Editor Hi $145.00/hr
Technical Editor ii $130.00/hr
Technical Editor i $115.00/hr
Publications Specialist III $105.00/hr
Publications Specialist II $95.00/hr
Publications Specialist I $85.00/hr
Clerical Administration II $85.00/hr
Clerical Administration I $80.00/hr
Forensic Engineering - Court appearances, depositions, and interrogatories as
expert witness will be billed at 2,00 times normal rates.
Emergency and Holidays - tulinimum ctiarge of two tiours will be billed at 1.75
times ttie normal rate.
Material and Outside Services - Subcontractors, rental of special equipment,
special reproductions and blueprinting, outside data processing and computer
services, etc, are cttarged at 1,15 times ttie direct cost.
Travel Expenses - Mileage at current IRS allowable rates. Per diem wtiere
overnight stay is involved is cfiarged at cost
Invoices.Late Charges - All fees will be billed to Client monttily and shall be due
and payable upon receipt. Invoices are delinquent if not paid within 30 days from
the date of the invoice. Client agrees to pay a monthly late charge equal to 1 % per
month of the outstanding balance until paid in full.
Annual Increases - Unless identified otheiwise, these standard rates will increase
3% annually.
DUDEK Effective January 1, 2016