Item 1.4 - Award of Contract-Environmental & Biological Fieldwork for Storm Water Maint.Programs; RFP 15-002G� OF O(��y
City of Poway
IN "w COUNCIL AGENDA REPORT
ClTF'
IN THE �'��
APPROVED a
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED
RESOLUTION NO.
DATE: September 16, 2014
TO: Honorable Mayor and Members of �he City Council
FROM: Daniel Singer, City Manager
INITIATED BY: Leah Browder, Director of Public Works)
Pat Ryan, Public Works Operations Manager
SUBJECT: Award of Contract for Environmental and Biological
Fieldwork for Storm Water Maintenance Programs, RFP 15-
002
Summary:
A notice inviting proposals for Environmental and Biological Fieldwork for Storm Water
Maintenance Programs was duly advertised on July 24 and 31, 2014. Six proposals
were received and opened on August 5, 2014. It was determined that Dudek best
meets the evaluation criteria. The first term of the Contract is three (3) years beginning
September 17, 2014 through September 16, 2017. The Contract may be extended
through a total of two (2) separate one -year extensions. The maximum length of the
Contract would be up to five (5) years.
Recommended Action:
It is recommended that the City Council award the Contract for Environmental and
Biological Fieldwork for Storm Water Maintenance Programs, RFP 15 -002, to Dudek,
and authorize the City Manager to execute the necessary documents.
Background:
This Contract is to provide environmental and biological fieldwork, surveys and reporting
in support of its storm water maintenance program activities throughout the City.
Biological fieldwork services are required by various regulatory agencies as part of the
City's on- going, permitted concrete and earthen channel maintenance programs.
Annual concrete channel cleaning covers 45 City -owned sections of concrete channels
(approximately 6.32 miles) and earthen vegetation maintenance includes 26 sections of
City -owned drainage channels (a total of approximately 25 acres). These programs are
intended to assure flood conveyance during peak winter storm flows by removing
invasive exotic species, sediment, debris, trash, etc. within these drainage systems in
advance of rainy season. Biological fieldwork services must be performed prior to
operational work being performed within these drainage systems in order to meet permit
requirements.
1 of 18 September 16, 2014 Item # 1.4
Award of Contract for Environmental and Biological Fieldwork for Storm Water
Maintenance Programs, RFP 15 -002
September 16, 2014
Page 2
Findings:
Six proposals were received and opened on August 5, 2014. During review of the
proposals, based on the proposers' responses, it was determined that additional
information was necessary in order to clarify the number of visits required to survey the
sites prior to initiation of the City's operational work. The proposers were given four
days to make modifications and re- submit their proposals.
Five of the six proposals were re- submitted with modifications made to address the
additional clarification; one proposal was left as it was originally submitted. The
proposals were re- evaluated and it was determined that Dudek best meets the City's
requirements. Evaluation criteria for the proposals included experience and ability to
perform, including, but not limited to, experience and history of the firm and costs as
outlined in the proposal.
The length of the initial Contract is three (3) years beginning September 17, 2014
through September 16, 2017. The Contract may be extended through a total of two (2)
separate one -year extensions. The maximum length of the Contract would be up to five
(5) years.
Fiscal Impact:
The City will pay Dudek on a time and material basis not to exceed $9,935 for the first
year of the Contract. Sufficient funds for award of this Contract are budgeted in Fiscal
Year 2014/2015 (Account 0412 - 4120).
Environmental Review:
This action is not subject to CEQA review.
Public Notification:
A copy of this report has been sent to Dudek.
Attachment:
A. Contract and Proposal Tables. (The entire Contract and RFP are on file with the
Office of the City Clerk.)
2 of 18 September 16, 2014 Item # 1.4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of September, 2014, by and
between the CITY OF POWAY (hereinafter referred to as "City ") and Dudek, a
California corporation (hereinafter referred to as "Consultant ").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform
environmental and biological fieldwork for storm water maintenance programs; and
WHEREAS, Consultant is a California- focused environmental consultant and has
represented that Consultant possesses the necessary qualifications to provide such
services; and
WHEREAS, City has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY
RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A"
entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60 -day written notice to
Consultant. During said 60 -day period Consultant shall perform all consulting services
in accordance with this Agreement. This Agreement may be terminated by City for
cause in the event of a material breach of this Agreement, misrepresentation by
Consultant in connection with the formation of this Agreement or the performance of
ATTACHMENT A
3 of 18 September 16, 2014 Item # 1.4
services, or the failure to perform services as directed by City. Termination for cause
shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information
to enable Consultant to effectively perform the services. Consultant shall treat all such
information as confidential, whether or not so identified, and shall not disclose any part
thereof without the prior written consent of the City. Consultant shall limit the use and
circulation of such information, even within its own organization, to the extent necessary
to perform the services. The foregoing obligation of this Paragraph 5, however, shall
not apply to any part of the information that (i) has been disclosed in publicly available
sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in
publicly available sources of information; (iii) is now in the possession of Consultant
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure
thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the City. In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its
sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement
without liability, or, at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City
and shall be delivered to City by Consultant upon demand.
4 of 18 September 16, 2014 Item # 1.4
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant
or perform services of any kind for any person or entity whose interests conflict in any
way with those of the City of Poway. Consultant shall at all times comply with the terms
of the Political Reform Act and the local conflict of interest ordinance. Consultant shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the City in which the Consultant has a financial interest as
defined in Government Code Section 87103. Consultant represents that it has no
knowledge of any financial interests which would require it to disqualify itself from any
matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state
or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract
provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval
and to which the City is a party, or to the specifications for
such a contract;
6. Grant City approval to a plan, design, report, study, or similar
item;
7. Adopt, or grant City approval of, policies, standards, or
guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in
making a governmental decision as defined in Regulation 18702.2 or
performs the same or substantially all the same duties for the City that
would otherwise be performed by an individual holding a position specified
in the City's Conflict of Interest Code.
5 of 18 September 16, 2014 Item # 1.4
DISCLOSURE DETERMINATION:
❑ 1. Consultant/Contractor will not be "making a government _decision"
or "serving in a staff capacity" as defined in Sections A and B
above.
No disclosure required.
❑ 2. Consultant/Contractor will be "making a government decision" or
"serving in a staff capacity" as defined in Sections A and B above.
As a result, Consultant/Contractor shall be required to file a
Statement of Economic Interest with the City Clerk of the City of
Poway in a timely manner as required by law.
DEPARTMENT DIRECTOR
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which City, in its
sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement, for
inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Poway. City shall
have the right to control Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, City shall not have the right to control
the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its
profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement, any
6 of 18 September 16, 2014 Item # 1.4
license, permit, or approval which is legally required for Consultant to practice its
profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from
Consultant's negligent performance of professional services, City and its respective
elected and appointed boards, officials, officers, agents, employees and volunteers
(individually and collectively, "Indemnitees ") shall have no liability to Consultant or any
other person for, and Consultant shall indemnify, protect and hold harmless
Indemnitees from and against, any and all liabilities, claims, actions, causes of action,
proceedings, suits, damages, judgments, liens, levies, costs and expenses, including
reasonable attorneys' fees and disbursements (collectively "Claims "), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason
of or arising out of any injury to or death of any person(s), damage to property, loss of
use of property, economic loss or otherwise occurring as a result of Consultant's
negligent performance under this Agreement, or by the negligent or willful acts or
omissions of Consultant, its agents, officers, directors, sub - consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of
professional services, Indemnitees shall have no liability to Consultant or any other
person for, and Consultant shall indemnify and hold harmless Indemnitees from and
against, any and all Claims that Indemnitees may suffer or incur or to which
Indemnitees may become subject by reason of or arising out of any injury to or death of
any person(s), damage to property, loss of use of property, economic loss or otherwise
to the extent occurring as a result of Consultant's negligent performance of any
professional services under this Agreement, or by the negligent or willful acts or
omissions of Consultant, its agents, officers, directors, sub - consultants or employees,
committed in performing any of professional services under this Agreement. For Claims
alleged to arise from Consultant's professional services, Consultant's defense obligation
to Indemnitees shall include only the reimbursement of reasonable defense costs and
attorneys' fees to the extent caused by Consultant's negligence.
(c) The foregoing obligations of Consultant shall not apply to the extent that
the Claims arise from the sole negligence or willful misconduct of City or its elected and
appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant,
anyone directly or indirectly employed by it or anyone for whose acts it may be liable,
the indemnification obligation under this Section 15 shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by
or for the Consultant under worker's compensation acts, disability benefit acts or other
employee benefit acts.
7 of 18 September 16, 2014 Item # 1.4
16. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City -in any capacity whatsoever-as- an agent.- -
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
17. Personnel.
Consultant shall . assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel
for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect. .
Consultant's personnel shall at all times comply with City's drug and
alcohol policies then in effect.
18. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
19. Dispute Resolution.
In the event of a dispute between City. and Consultant concerning the
terms of this Agreement or its performance, the parties agree to initially submit such
dispute to voluntary mediation before a mutually acceptable mediator prior to arbitration
or litigation. In the event that the subject of such action is compensation claimed by
Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60 -day period for which Consultant would have been entitled to
receive compensation if terminated without cause. In the event of arbitration, each
party shall bear its own attorneys' fees and costs incurred. Any action to enforce or
interpret the terms or conditions of this Agreement shall be brought in the Superior
Court in San Diego County, Central Division. Consultant hereby waives any right to
remove any such action from San Diego County as is otherwise permitted by California
Code of Civil Procedure section 394.
20. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant"
shall mean the individual or corporate consultant and any and all employees of
consultant providing services hereunder.
8 of 18 September 16, 2014 Item # 1.4
21. Counterparts.
This Agreement (and any amendments) may be executed in multiple
counterparts, each - -of which shall -be- deemed an original, but all of which, together, shall
constitute one and the same instrument. Documents delivered by telephonic facsimile
transmission shall be valid and binding.
22. Entire Agreement.
This Agreement shall constitute the entire understanding between
Consultant and City relating to the terms and conditions of the services to be performed
by Consultant. No agreements, representations or promises made by either party,
whether oral or in writing, shall be of any force or effect unless it is in writing and
executed by the party to be bound thereby.
23. Pension Reform Act of 2013
At all times during the term of the Agreement with the City, no officer,
director, shareholder, member, partner, employee, or contractor, providing services to
the City, will be a "retired annuitant," under the City's retirement system, ineligible for
temporary employment under section 7522.56 of the California Government Code,
which was added as a part of the Pension Reform Act of 2013. For the purposes of this
statement a "retired annuitant" is a person retired from the California Public Employees'
Retirement System ( "CalPERS "). Any retired annuitant proposed to provide work on
behalf of the City must be eligible for appointment under the Pension Reform Act of
2013, and any other applicable laws, without any adverse financial impact to the City.
(Remainder of page intentionally left blank)
9 of 18 September 16, 2014 Item # 1.4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the date first above written.
City of Poway
Daniel Singer, City Manager
Date:
ATTEST:
By:
Sheila R. Cobian, CMC, City Clerk
APPROVED AS TO CONTENT:
in
Leah Browder, Director of Public Works
APPROVED AS TO FORM:
0
Morgan L. Foley, City Attorney
0
Its:
Date:
Date:
Date:
Date:
Consultant
10 of 18 September 16, 2014 Item # 1.4
SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City.
Consultant shall provide the necessary qualified personnel to perform the services. All
items of the contract are reflected in the Request for Proposal. In performance of the
services Consultant shall conduct:
Environmental and Biological Fieldwork for Storm Water Maintenance Programs
The specifications (both general and technical), the selected proposal, supporting data,
and addenda are incorporated as a part of the executed contract.
The City's Project encompasses 45 sections of concrete channels approximately 6.32
miles and 26 identified earthen work sites, approximately 25 acres in total, all within
urban creeks and earthen flood control channels in the City of Poway, San Diego
County, California. The City's Project activity entails removal of sediment, vegetation,
trash and debris from concrete channels and clearing vegetation to improve flood
control capacity and eradicating invasive plant species. The action is authorized
through permits with the U.S. Army Corps of Engineers, California Department of Fish
and Game, U.S. Fish and Wildlife Service, and the State Regional Water Quality Control
Board. The Project is an on -going annual enhancement activity, and all sites have been
previously cleaned and mowed.
Consultant will not provide Project management services. Consultant will provide
general consulting services in support of the aforementioned Project activities. City is
responsible for all mapping, GIS work, permitting, coordination, and reporting to
regulatory agencies.
Task 1: Review of Permits
In order to confirm that City Project activities abide by permits and authorizations,
Consultant will review City's permits with the U.S. Army Corps of Engineers, California
Department of Fish and Game, U.S. Fish and Wildlife Service, State Regional Water
Quality Control Board, and City of Poway Habitat Conservation Plan to become familiar
with requirements in regard to Project.
Task 2: Recon Survey and Monitoring
Consultant will attend meetings that may be requested or deemed necessary by City to
meet the Project goals.
Consultant will conduct field surveys at either 45 concrete channels or 26 earthen
localities within the City of Poway to assess nesting bird activities, the limits of work, any
mitigation responsibilities, and identify exotic plant species for eradication. All annual
11 of 18 September 16, 2014 Item # 1.4
work shall be on an as needed basis determined by work needing to be performed and
funding.
Concrete Channels To protect nesting birds, no project activities shall occur-during-
nesting season unless nesting bird surveys are completed by a qualified biologist, and
no nesting birds are present within 200' radius (500' for threatened and endangered
species, and all raptors, including diurnal and nocturnal species). Bird surveys shall be
performed as needed.
Earthen Channels - Native vegetation shall be adequately identified by the biologist and
communicated to the field Supervisor to prevent its disturbance during the City's
enhancement activities. Consultant will identify willow and other large native trees
(trunk diameter 3" dbh [diameter- breast - height]) that would require mitigation if
impacted. During the survey, the Consultant's biologist will identify the approximate
square footage and location of non - native vegetation and invasive exotic weed species
to be eradicated. Consultant biologist will communicate with field Supervisor regarding
sensitive native species likely to occur within the Project limits and direct the routes
around sensitive habitat areas, including habitat for the coastal California gnatcatcher
(Polioptila califomica) and San Diego thorn -mint (Acanthomintha ilicifolia). The
biological consultant should be familiar with sensitive native species commonly found in
riparian areas.
The City's annual Projects are on- going, and the work sites have been previously
maintained. Consultant will not flag all individual nesting sites, trees and plants, but will
communicate with field Supervisor to avoid impacts to sensitive native species. City
has already established the entry points for heavy equipment into the mowing areas.
City will map and document the location and quantity of exotics it removes during
Project.
The survey is anticipated to take place over multiple days. Consultant will be
responsible for presenting data in a timely fashion to City to use in conducting its
scheduled channel mowing /flood control activities. The initial pre- maintenance survey
work will be documented by Consultant in short memos or a -mails to City.
Task 3: Survey Memos and Monitoring Report
As the Consultant completes each section or group of sections, a brief memo or e-mail
shall be provided to City reporting the findings. Generally, the memos will include a
description of the resources at each site, the locations of areas with nesting activity,
needing mitigation and areas where non - native species removal is being proposed.
Concrete Channel Cleaning — The biological consultant will perform bird nesting surveys
as needed and provide a brief memo or e-mail reporting the findings. If a nesting site is
identified the consultant will advise and make recommendations. No post work annual
report is required for the concrete channel cleaning activities.
Earthen Channels - The biological consultant will be responsible for review of final
maintenance impact data provided by the City of Poway in both map and table format
for impacts to native tree species larger than the 3" dbh threshold and the noxious
12 of 18 September 16, 2014 Item # 1.4
weeds within the project area. In addition, letter memos describing work activities in
progress, general conditions, and any required mitigation measures will be furnished as
needed to City. The final maintenance memo will include a description of the resources
at each mowing site,-the mitigation needs (if any) at each location, any impacts outside
the limits of work, and areas (with acreage summary) where non - native species removal
was completed. City will map and document the location and quantity of invasives
removed.
City prepares annual report to regulatory agencies as required by permits. For
example, the Army Corps requires a post- activity report detailing project compliance
with RGP 41 and confirming that any mowing did not constitute a discharge of fill. The
California Dept. of Fish and Game requires an annual report detailing maintenance
conducted. Consultant will prepare the biological /environmental monitoring section of
the report to be drafted and finalized by Consultant with the direct input, collaboration,
and approval of the City of Poway, Public Works Department. Consultant will meet
City's timeframe for delivery of report section.
Task 4: Client Coordination
Additional Task As Needed: Pre - maintenance Nesting Bird Clearance Surveys
The biological consultant will be responsible for conducting pre- maintenance nesting
bird surveys, as requested, prior to any work being conducted during the migratory bird
nesting season. After surveys are completed, a letter report will be filed with the City
describing any work limitations that would be required to avoid damage to nesting bird
species found within areas proposed for maintenance activities.
[Remainder of Page Left Blank Intentionally]
13 of 18 September 16, 2014 Item # 1.4
B. Compensation and Reimbursement.
City shall pay Consultant on a Time and Material basis not to
exceed $9,935.00 per year of the Contract.
Consultant's fee shall include and Consultant shall be responsible for the
payment of all federal, state, and local taxes of any kind which are attributable to the
compensation received. Do not include word processing staff or associated costs in any
table.
Proposal Table (1)
Hourly Service Rate by Labor Category
Project Manager
$225
Assistant Project Manager
$140
Regulatory Permitting Expert
$200
Field Biologist
$110
Field Biologist
$80
GIS Expert
$120
Storm Water Expert
$190
[Remainder of Page Left Blank Intentionally]
14 of 18 September 16, 2014 Item # 1.4
CONTRACT PROPOSAL: ANNUAL COST BREAKDOWN BY TASK FOR
CONCRETE CHANNEL CLEANING PROGRAM (45 SECTIONS OF CHANNEL)
Estimated hours per task and labor category. Consultant will invoice City for actual
hours expended per task, not to exceed the total contract amount. - --
Table shall assume all 45 sections of concrete channels.
Note: Added with addendum. PROPOSER should note it requires multiple visits to
ensure pre - survey /inspections are done within approximately 7 days of work being
performed. Post survey /inspections can be done consecutively or all in one visit. In
previous years, the total number of site visits necessary for the pre and post
survey /inspection process has averaged 8 visits per annual Concrete Channel Cleaning
Program.
Project Manager/
1
1
See Note
2
450
Below
Assistant Project
2
2
1
See Note
5
700
Manager
Below
Field Biologist
1
18
See Note
19
2090
Below
Field Biologist
1
18
See Note
19
1520
Below
GIS Expert
See Note
Below
Total Labor
5
38
2
45
4760
Other Direct Costs
100
100
200
Total Contract
695
3800
465
4960
Regulatory Permitting
See Note
Expert
Below
Storm Water Expert
See Note
Below
Note: Initial nesting surveys
are included in
Task 2. Additional
nesting bird surveys and other tasks
would be charged on a time
and materials basis per the Labor Rate table (Table 1).
15 of 18 September 16, 2014 Item # 1.4
CONTRACT PROPOSAL: ANNUAL COST BREAKDOWN BY TASK EARTHEN
CHANNEL MOWING PROGRAM (26 SECTIONS OF CHANNEL)
Estimated hours per task and labor category. Consultant will invoice City for actual
hours expended per task, not to exceed the total contract amount.
Table shall assume all 26 sections of earthen channel.
Note: Added with addendum. PROPOSER should note it requires multiple visits to
ensure pre - survey /inspections are done within approximately 7 days of work being
performed. Post survey /inspections can be done consecutively or all in one visit. In
previous years, the total number of site visits necessary for the pre and post
survey /inspection process has averaged 8 visits per annual Earthen Channel Mowing
Program.
Project Manager/
1
See Note Below
1
225
Assistant Project
2
2
See Note Below
4
560
Manager
Field Biologist
18
3
See Note Below
21
2310
Field Biologist
18
3
See Note Below
21
1680
GIS Expert
See Note Below
Total Labor
22
9
47
4775
Other Direct Costs
100
100
200
Total Contract
2280
1175
4975
Regulatory Permitting
See Note Below
Expert
Storm Water Expert
See Note Below
Note: Because work is not expected to occur during the avian nesting season, this as- needed task is likely not required. If it were
to be required, then work would be conducted in accordance with the Labor Rate table (Table 1)
16 of 18 September 16, 2014 Item # 1.4
C. Term of Agreement.
This Agreement shall be effective from the period commencing September
17, 2014 and- ending September -16; 201 -7,- -unless sooner- terminated - by- City-as
provided in the section of this Agreement entitled "Termination." The Contract may be
extended with the written mutual agreement of both parties for two (2) additional one (1)
year periods. The maximum length of the Contract can be five (5) years.
Each renewal period, the Contractor's costs for the upcoming year may,
will be adjusted based- on the annual change of the San Diego County Consumer Price
Index (CPI -W) for the San Diego area from January 1 to December 31 of the previous
calendar year. The CPI shall be based on "Urban Wage Earners and Clerical Workers ",
not to exceed five (5) percent. The first adjustment would occur no earlier than
September 17, 2017, and would be based on the change in the San Diego Region
Consumer Price Index prior calendar year.
Upon expiration or termination of this Agreement, Consultant shall return
to City any and all equipment, documents or materials and all copies made thereof
which Consultant received from City or produced for City for the purposes of this
Agreement.
D. Consultant's Insurance.
Coverages:
Consultant shall obtain and maintain during the life of this
Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises -
operations, products /completed, broad form property damage, and blanket contractual
liability with the following coverages: General Liability $1,000,000 Bodily Injury and
Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non -owned
vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy
limits of not less than $1,000,000 combined single limits, per claim and annual
aggregate.
(d) Workers' Compensation
of the endorsements which are required above
Workers' Compensation insurance.
insurance in statutory amount. All
shall be obtained for the policy of
17 of 18 September 16, 2014 Item # 1.4
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following -three - provisions- -
(a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers,
agents, and employees are additional insureds with respect to this subject project and
contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and
appointed boards, officers, agents, and employees. It is not secondary or in any way
subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content
approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to
the following addresses:
To: Mike Obermiller, P.E.
Assistant Director of Public Works
City of Poway
P.O. Box 789
Poway, CA 92074 -0789
To: Mr. Brock Ortega
Dudek
605 Third Street
Encinitas, CA 92024
Email bortega @dudek.com
18 of 18 September 16, 2014 Item # 1.4