Dudek & Associates Inc-2004-11 Engineering,Planning,
Corporate Office:
Environmental Sciences and&ASSOCIATES,INC. 605 Third Street 760.942.5147
Professional Teams for Complex Projects Management Services Encinitas,California92024 Fax760.632.0164
JUL 12 2004
July 8,2004PIM-l"
Project#4185-1
tMlL;htLLE F. BOUSTEDT
Planning/Community
Services Department
City of Grand Terrace
Attn: Gary Koontz
22795 Barton Road
Grand Terrace, CA 92313
Re: Agreement—Outdoor Adventure Center Vireo Survey Project
Dear Gary Koontz:
Enclosed you will find an executed original agreement for the above-referenced project.
Please reference our invoice numbers on all payments.
We appreciate the opportunity to work with you on this project. If you should have any
questions, or need any further assistance, I can be reached at 760-479-4270.
Dudek&Associates, Inc.
svl�� 5w4�
Joyce Skeens
Contracts Administrator
:t
:.! CHNE
Client Initials Consultant Initials
&ASSOCIATES, INC.
JOB# 4185-1 Professional Than for Complex Projects
4. PROFESSIONAL
Corporate Office: 605 Third Avenue•Encinitas, CA 92024 Tel: (760)942-5147 Facsimile(760)632-0164
This Professional Services Agreement("Agreement")is made and entered into on May 11,2004 by and between DUDEK
&ASSOCIATES, INC., (herein, "Consultant')at its office location designated herein:
[X]
605 Third Street- 2400 E. Katella Ave., Suite 1265 75-150 Sheryl Ave., Suite C
Encinitas,CA 92024 Anaheim, CA 92806 Palm Desert,CA 92211
tel (760) 942-5147 tel (714)939-9810 tel (760)341-6660
fax(760)632-0164 fax(714)939-9776 fax(760)346-6118
i ] 9 I
10 E.Vine St., Suite 214 621 Chapala Street
Redlands, CA 92373 Santa Barbara,CA 93101
tel (909)793-3858 tel (805)963-0651
fax(909)798-3766 fax(805)963-2074
and City of Grand Terrace Job Name: Outdoor Adventure Center Vireo Survey Project
Attn:Gary Koontz
22795 Barton Road
Grand Terrace,CA 92313
Phone:(909) 430-2225 ,Fax:(909) 783-2600
(herein,"Client")on the terms and conditions, including the Additional Terms and Conditions, set forth herein as follows;
A. Consultant agrees to perform the following Scope of Services("Services"):
See Exhibit"A"for a breakdown of services to be performed.
B. Client agrees to compensate Consultant for the Services as follows:
All work will be billed on a time and material basis not to exceed$7,000.00,as outlined in Exhibit"A". Direct costs will be billed at a
15%markup and are included in the cost estimate.
Total Contract Amount:$7,000.00
C. Agreement Documents. The Agreement Documents consist of this Agreement together with the Exhibits, which are
listed below and fully incorporated by reference and made a part of this Agreement:
(1) Services, attached hereto as Exhibit"A".
(2) Compensation for Services and Schedule for Completionrof Work as Exhibit"A".
(3) Current Schedule of Billing Rates as Exhibit"B".
(4)
IN WITNESS WHEREOF,the parties have executed this Agreement through their respective authorized officers or agents,
on the date first written above.
Client City of Grand Terrace Consultant DU EK&ASSOCIATES, INC.
' tor e
By By
oat a Signature
��:
Name/Titleplm�6_ y 'Name 4itleNnitaHayworth/Project Manager
5 W7- Ci ZI 0-7 4-x.A->� By Date � 9py rank J. Dudek, President
Client should mail completed Agreement to the-address shown for Consultant
' r
Page I of 5
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Additional Provisions of Agreement Client Initials Consultant Initials
I. Cooperation. Client and Consultant agree to cooperate with Consultant's express prior written
each other in every way on the project and endeavor to maintain consent, Client shall not transfer any
good working relationships among the members of the project team. part of the Materials or Work Product, or use or permit them to be
Client shall be responsible for obtaining all owners' or persons' used by anyone for any purpose other than the project and purpose
signatures required for Consultant to perform the Services and file and intended by this Agreement. Any use of or reliance on the Materials or
record documents. Client agrees to execute and deliver all additional Work Product by a third party,even with Consultant's consent,shall be
instruments, documents and pay all governmental fees and charges at such third party's own risk, without recourse to Consultant_
as necessary for Consultant to perform the Services. Consultant shall have no liability whatsoever to Client or any third party
2. Binding Effect. This Agreement shall be binding upon the heirs, for reliance upon or use of any Materials and/or Work Product other
executors,administrators,successors and permitted assigns of Client and than as intended by this Agreement. Client agrees to indemnify,
Consultant. defend and hold harmless Consultant from any claim, liability,cost or
damages, including reasonable attomeys'fees and costs of defense,
3. Assignment. This Agreement shall not be assigned by Client for injury or loss arising from or related to reliance upon or use of any
without prior written consent of Consultant. Materials and/or Work Product other than as intended by this
4. Entire Agreement.This Agreement contains the entire agreement Agreement by Client or any third party. Consultant reserves the right
between Client and Consultant regarding the subject matter hereof to all copyrights in the Work Product and any Materials not belonging
Any other agreements, promises, negotiations or representations not to Client.
$ expressly set forth herein are of no force or effect.No modifications to
p y 11. Use of Unsigned/Preliminary Plans. Client shall not use or
this Agreement are valid unless in writing and signed by both Client permit any other person to use Materials or Work Product that are not
and Consultant. signed and stamped and/or sealed by Consultant, and by any
;. Waiver. Consultant's or Client's waiver and/or breach of any governmental agency having permit or approval authority who is
term, condition or covenant of this Agreement shall not constitute the required to sign, stamp, seal or approve such Materials and Work
waiver of any other term, condition or covenant, or the breach of any Product. Client agrees to indemnify, defend and hold harmless
other term,condition r covenant. Consultant against any claim, liability, cost or damages, including
reasonable attorneys' fees and costs of defense, arising from or
6. Severahflity. Every provision of this Agreement is severable and related to Client's or any other person's use of Materials or Work
independent of any other provision hereof. If any provision is held Product that are not signed and stamped and/or sealed by Consultant
invalid or unenforceable by a court of competent jurisdiction, the and by any governmental agency having permit or approval authority
remaining provisions shall be valid and binding. who is required to sign, stamp, seal or approve such items, or which
7. Governing Law. This Agreement shall be governed by and are designated "Preliminary", "Draft", "Not for Construction" or some
construed in accordance with the laws of the State of California. similar designation.
S. Advisor Only. Consultant shall act only as an advisor with 12. Changes in Plans. If Client permits any changes in any
respect to all governmental relations matters.Consultant's assistance Materials which are not made by or consented to in writing by
in applying for governmental permits and approvals shall not constitute Consultant, Client agrees that the changes and their effects are not
the responsibility of Consultant and Client releases Consultant from all
a representation,warranty or guarantee that such permits or approvals liability and agrees to indemnify,defend and hold harmless Consultant
will be acted upon favorably by any governmental agency. from any claim, liability, cost or damages, including reasonable
9. Independent Contractor. Consultant is an independent contractor attorneys'fees and costs of defense,for injury or loss arising from or
and not an employee or agent of Client for any purpose whatsoever. related to such changes and their effects_
I Consultant shall be responsible for performing the Services and Client shall
13. Client's Right to Receive and Use Work. Consultant will not
have no right to control or prescribe the manner or method of sign, seal, stamp or release to Client or any other person, entity or
accomplishing the Services. Consultant shall select all labor and agency any Materials or Work Product and Client shall have no right to
supervisory personnel required for the performance of the Services. Client utilize the Services, Materials or Work Product unless Client is not in
shall have no right to suggest or demand that Consultant terminate any of default under this Agreement and has performed all of its obligations,
its employees or subconsultants who perform any of the Services. including payment of all invoices that have been billed to Client to
Whenever necessary and proper Client shall inform third parties and date.
governmental agencies of Consultant's status as an independent
contractor. 14. Project Documents and Site Information. Prior to
commencement of the Services, Client shall provide Consultant, at
10, Ownership and Use of Services, Materials and Work Product Client's sole expense,all pertinent site maps,documents,data,utility
Except as specified in this Agreement, Consultant owns and reserves locations; information concerning boundaries, property lines,rights-of-
all right, title and interest in and to all Services and all final plans, way, legal descriptions, site conditions, zoning and land use
reports, specifications, designs, drawings, maps, other items defined restrictions, current or pending lawsuits and/or governmental
as"deliverables"in this Agreement,and any elements thereof created regulatory proceedings; and all other relevant information reasonably
or prepared by Consultant pursuant to this Agreement ("Materials") available to Client, except for any items Consultant has expressly
and none of the Materials shall be deemed to a "work for hire." agreed in writing to provide. Client agrees that it is impossible for
However, provided Consultant has completed all Services and Client Consultant to assure the accuracy, completeness and sufficiency of
has fully paid for all Services and Extra Services, if any, and is not such documents and information without performing Extra Services for
otherwise in default of this Agreement, all Materials shall belong to additional compensation. Client agrees to indemnify,defend and hold
Client but only for the purposes intended by this Agreement, All other harmless Consultant from any claim, liability, cost or damages,
reports, notes, calculations, data, designs, drawings, estimates, including reasonable attorneys'fees and costs of defense,for injury or
loss arising from or related to.any inaccuracies in such information and
specifications and other documents and materials created or prepared by
Consultant, in any form or media, pursuant to this Agreement("Work documents provided to Consultant by Client.
Product") are and shall remain owned by Consultant. Without
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s
15. Project Site Access and Safety. At its sole expense, Client Services are suspended, abandoned or Client Initials Consultant Initials
shall grant free and safe access to the project site and obtain all terminated by Client, Client shall pay
necessary approvals and consents for Consultant's and its Consultant for all Services performed
subconsultant's vehicles,equipment and personnel to enter the project and costs incurred by Consultant at
site and perform the Services. At its sole expense and at all times, Consultant's then current rate schedule, not to exceed the full amount
Client shall take all safety precautions to prevent personal harm or of compensation as may be stated in this Agreement. If, for any
property damage to Consultant's employees, agents and reason, the Services are suspended for sixty(60)days or more,Client
subconsultants entering upon or on the project site. In accordance agrees to pay Consultant for all additional costs Consultant incurs to
with generally accepted construction practices, Client shall require its
construction contractor to be responsible on a 24-hour basis for project suspend and restart the Services, which shall be paid by Client as
site conditions,including the safety of all persons and property,during Extra Services. If, for any reason, the Services are suspended for
the course of construction a the project ninety(90)days or more, Client shall pay Consultant for all Services
performed and costs expended by Consultant through the date of its
16. Insurance. Consultant will maintain workers compensation receipt of Client's written notice to suspend or stop work. Consultant
insurance as required by law and employers' liability, comprehensive shall have no further obligation to perform any further Services.
general liability and automobile liability insurance each with coverage Further work by Consultant, if any,shall be under a newly negotiated
of no less than $1 million per occurrence and in aggregate. If agreement including new terms for Consultant's compensation.
reasonably available, Consultant will maintain professional liability
� insurance with coverage of no less than $1 million per claim and in 21. Prevailing Wages. Unless the Services expressly include
aggregate. Upon Client's request Consultant will purchase additional determination of prevailing wage requirements, Client shall be solely
insurance provided the insurance is reasonably available and Client responsible for all prevailing wage matters, including, but notlimited
pays in advance for such additional insurance at its sole expense. to, determining whether the project is a "public work" undeerrthe
Upon request Consultant will furnish certificates of all such insurance California Labor Code,to whom prevailing wages are payable,and the
amount of such wages.
to Client
17. Consultant's Reports. Every assessment, audit or other report 22. Suspension of Services Upon Bankruptcy. Consultant has the
("Report") issued by Consultant setting forth its findings and right to immediately, and without notice, suspend or terminate its
conclusions is based on the limited information available from the performance of Services if Client files a voluntary petition seeking
observations, investigations, sampling and/or testing conducted as relief under the United States Bankruptcy Code("Code")or there is an
part of the Services. Consultant may include a statement of limitations involuntary bankruptcy petition filed against Client in the United States
in any Report describing any limitations and/or qualifications of its Bankruptcy Court ("Court"), and that petition is not dismissed within
investigations and findings. fifteen (15)days after filing. If Consultant suspends the Services,the
suspension shall continue until this Agreement has been fully and
18. Electronic Data. All electronic data files furnished by Consultant properly assumed according to the applicable provisions of the Code
("Files")to Client or any of Client's agents,employees,representatives and in compliance with an appropriate order or judgment issued by the
or other consultants (collectively, "User"), are provided for the Court.
convenience of and sole use of the User. Client agrees and shall
ensure that every User agrees, that: (i) if there are any defects or 23. Lien Rights. Nothing in this Agreement shall be construed to
alter, affect or waive any of Consultant's rights with respect to design
discrepancies between the Files and hard her es)thereof, the hard
professionals'liens, mechanics'liens or stop notices. At Consultant's
copies shall govern; (ii)no information in the Files may be relied upon
for accuracy or considered the most current information and the use request, Client shall provide Consultant with, and update such
of such information is at User's sole risk; (iii) Consultant shall not be information as it may change,the legal description of the real property
responsible for the introduction of any virus, or any corruption or upon which the project is located (or, if not available, another
damage to Users electronic data files or computer systems; and(iv) description adequate to particularly identify the real property), the
Consultant shall not be liable to User or any other person or entity assessor's parcel number, and the name, address and telephone
number of every owner, lender,odginallprime contractor and all other
under any equitable legal theory whatsoever for any damages or
persons entitled to receive a preliminary lien notice.
loss whatsoever arising from or related to User's use of the Files or
any information contained therein. No Files, photocopies or facsimile 24. Invoices, Late Charges. All fees, costs and other charges will
transmitted documents shall be considered original documents or be billed to Client monthly and shall be due and payable upon receipt.
valid. Only hard copies of documents bearing the original signature, unless otherwise specified in this Agreement. Invoices are delinquent
stamp and/or seal of Consultant(and the signature,stamp and/or seal if not paid within thirty (30)days from the date of the invoice. Client
of governmental agency(ies), as applicable) shall be considered valid agrees to pay a monthly late charge equal to one percent(1%) per
and original. month of the outstanding balance until paid in full.
19. Soil Conditions. Consultant makes no representations 25. Conclusiveness of Billings. All of Consultants' invoices or
concerning soil or geologic conditions unless specifically included as other statements of charges and balance due shall be deemed correct,
part of the Services. Unless expressly agreed otherwise,Consultant is conclusive and binding on Client unless,within fifteen(16)days from
not responsible for any liability arising from or related to making or the date of such invoice or statement, Client notifies Consultant in
failing to make any soil or geologic surveys, sub-surface soils or writing of any alleged discrepancies or errors. Notwithstanding such
geologic tests,or general soils or geologic testing. notice,Client shall pay those portions of all invoices not in dispute.
20. Early Termination/Suspension and Restart. In the event of 26. Client's Failure to Pay. if Client fails to pay Consultant's invoice
any default of this Agreement by Client,Consultant,at its option,shall within forty five(45)days after the date of the invoice,Consultant at its
stop performing the Services and/or at its option, terminate this option, shall stop performing the Services and/or at its option,
Agreement without any further obligation or liability to Client. Client terminate this Agreement without any further obligation or liability to
shall then be responsible to pay Consultant for all Services performed Client. In addition to all other remedies Consultant may have, Client
through the date of discontinuance of Services or termination of this shall promptly pay Consultant all fees, costs and late charges then
Agreement,whichever is later,and Client agrees to release Consultant due.
from all liability for Services performed. If all or any portion of the
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27. Changes in Ordinances. If Consultant, produces Materials delivery services,postage,express and Client initials ConsvItant initials
and/or performs field services,and such Materials and/or field services overnight mail,long distance telephone,
are required by any governmental agency whose applicable data transfers and vehicle mileage.
ordinances,codes, policies, procedures or requirements are changed 35. Delay. Consultant shall not be
after the date of this Agreement, any additional Materials or changes responsible for damages or be in default by reason of delays caused
thereto and/or field services then required shall be paid for by Client as by factors beyond Consultant's reasonable control, including, but not
Extra Services. limited to, strikes, lockouts, work slowdowns or stoppages; acts of
28. Services Beyond One Year. If Consultant's work extends God, accidents or disruptions from weather, flood, earthquake, fire,
beyond one(1)year from the date of this Agreement, this Agreement war, civil disruption, terrorism or explosion; Client's failure to timely
will be subject to renegotiation to incorporate changes to Consultant's furnish information or approve or disapprove of the Services promptly;
then current rate schedule, unless otherwise specified in this or late,slow or faulty performance by governmental agencies.Client or
Agreement. its agents, other consultants or contractors. In the case of an event
29. Extra Services. Any services performed by Consultant which causing delay, the time for completion of the Services shall be
are not included in the Scope of Services of this Agreement("Extra extended accordingly and Consultant's compensation shall be
Services") shall be paid by Client as Extra Services according to equitably increased to compensate it for any additional costs incurred
Consultant's then current rate schedule. due to the delay. Consultant,at its option and without being in default,
has the right to terminate the Services and this Agreement if the delay
30. Field Work Damaged. If any field work performed by causes a suspension of the Services for ninety(90)days or more.
Consultant, including, but not limited to topographical, easement, 36. Governmental Acts and Omissions. Consultant shall not be
aerial, construction or boundary survey staking, monuments, or liable for costs, damages or delays attributable to governmental
targets, is destroyed, damaged or disturbed by an act of God or any agencies, including, but not limited to, acts or omissions in permit
third person. Consultant shall not be responsible for re-performing issuance or processing,environmental regulations and policies,impact
such field work unless client agrees to compensate Consultant for the
reports, dedications, general pans and amendments thereto, zoning
field work as Extra Services matters,annexations or consolidations,use or conditional use permits,
31. Changed Field Conditions. The Services are based upon field project or plan approvals and building permits.
and other conditions existing at the time the Services were performed.
Client acknowledges that field and other conditions may change at any Client
Responsibility for Governmental Permits and Approvals
time and by the time project construction occurs and adjustments, Client is solely responsible to maintain in good standing all
governmental approvals and permits and to apply for all extensions
clarification and other changes to the Services,Materials and/or Work thereof unless such activities are specifically a,part of the Services.
Product("Adjustments")may be necessary to reflect changed field or
other conditions. Client and Consultant shall inform each other of any 38. Cost and Quantity Estimates. Consultant makes no
changed field or other conditions known to either of them that representation concerning the estimated quantities and probable
necessitate Adjustments at any time or during construction of the construction costs made in connection with Materials or the Work
project, Client agrees to engage Consultant to perform the Product other than that they are estimates only and will vary. if the
Adjustments before other activities on the project or construction Services require opinions of probable construction costs, such
commences or continues. Consultant shall be paid for the opinions are based on Consultant's experience and qualifications and
Adjustments as Extra Services. Client agrees to indemnify, defend represent its best judgment. However, since Consultant has no
and hold harmless Consultant from any claim, liability, cost or control over the costs or the price of labor,equipment,materials or any
damages, including reasonable attorneys' fees and costs of defense, contractors method of pricing, such opinions do not constitute
for injury or loss arising from or related to any changes in field and representations, warranties, or guarantees of the accuracy of such
other conditions,any Adjustments not made by Consultant. opinions as compared to bid and actual construction costs. Client is
32. On-Site Review. Consultant will not perform any on-site responsible to verify costs prior to construction.
construction review for the project unless it is a specific part of the 39. Third Party Work. Consultant is not responsible for the
Services. performance,acts or omissions,and does not guarantee the quality of
work by third parties,including,but not limited to,Client's agents,other
33. "As-Built' Plans. Unless specifically a part of the Services, consultants or construction contractor and/or its subcontractors.
Consultant shall not prepare and process any "as-built" plans. If
Consultant prepares only "as-built" plans for Client, Consultant's 40. Standards of Practice. Consultant shall observe the generally
liability to Client or any other person shall be limited to Consultant's accepted standards of practice by exercising the degree of care and
work on the "as-built" plans, and in no event shall Consultant be skill ordinarily exercised by companies in the same business
responsible for any other plans prepared or work performed by any performing the same or similar services at the same time and in the
third party. Client agrees to indemnify, defend and hold harmless same geographic area. Consultant makes no warranty, either
expressed or implied, as to the Services or its professional advice,
Consultant From any claim, liability, cost or damages, including except that the same were performed pursuant to generally accepted
reasonable attorneys' fees and costs of defense, for injury or loss standards of practice in effect at the time of performance.
arising from or related to any other plans prepared or work performed
by any third party. 41. Hazardous and Environmentally Sensitive Materials. Except,
and only to the extent the Services expressly include services to
34. Payment of Costs and Reimbursable Expenses. Unless determine the presence and/or impact of or to remediate, remove,
specifically a part of the Services, Client shall pay ail governmental abate, preserve or treat asbestos, PCBs petroleum, radioactive
costs and fees for checking and inspection, zoning and annexation material, fungus, mildew, mold or resulting allergens, or any other
applications, taxes, assessments, recording and filing documents, harmful, toxic or hazardous wastes or materials, endangered or
permits, bond premiums and all other costs and fees, including, but protected plant or animal species, or items of environmental,
not limited to charges for title company work, soils and testing and geological, historical or archaeological significance ("Special
engineering. Client agrees to reimburse Consultant for all of Materials"), Client is solely responsible for determining if Special
Consultant's direct reimbursable expenses incurred in performing the Materials are present at the project site,regardless of quantity,and is
Services, including, but not limited to reproduction, blueprinting, solely responsible for notifying Consultant and any required
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,
governmental agencies of the presence of Special Materials. If Client, misconduct. Client shall not be Client Initials Consultant Initials
Consultant or any third party encounters Special Materials on the site, obligated to indemnify Consultant in
or should it otherwise become known that Special Materials are any manner whatsoever for the
present or may be present on the site or any nearby area which may Consultant's own negligence.
affect the Services or the health and safety of Consultant's employees, 43. Attorneys'Fees. In the event of any litigation or arbitration, or
agents and subconsultants, Consultant may, at its option, stop
performing the Services until Client retains a specialist to abate, any quasi-judicial or administrative proceeding at law or equity to
enforce any provision of this Agreement, the prevailing party, in
remove, remediate, preserve or otherwise treat the Special Materials addition to any other relief granted, shall be awarded its reasonable
and warrants that the site is free from any hazard or restrictions attorneys'fees,costs and expenses incurred in such action.
related to the Special Materials. Nothing herein shall limit
Consultant's obligations as may be required by law, and Consultant 44. Mediation. The parties shall promptly and amicably attempt to
shall not be in default of this Agreement,for reporting the presence of resolve any dispute, controversy or claim arising out of or relating to
any Special Materials to government agencies. Client agrees to this Agreement,or the breach thereof("Dispute"). If mutual resolution
indemnify, defend and hold harmless Consultant from any claim, of the Dispute cannot be reached within sixty (60) days of written
liability, cost or damages, including reasonable attorneys' fees and notice of the Dispute from one party to the other, then the Dispute
costs of defense, for injury or loss arising from or related to the shall be submitted by the parties for mediation by a neutral mediator
presence of any Special Materials. mutually selected by the parties. If the Dispute cannot be resolved by
42. Indemnity. In each and every provision of this Agreement mediation within sixty (60) days of written notice of the intent to
requiring Client or Consultant to release, indemnify, defend or hold mediate from one party to the other,the parties are free to pursue their
harmless the other, such release, indemnity, defense and hold respective legal and/or equitable rights. Neither party shall commence
harmless obligation shall cover as indemnified parties, as the context
any litigation without first following the procedure described herein.
indicates, Client, Consultant and each of their respective partners, 45. Venue. Venue for any legal action shall be in the appropriate
officers, directors, employees, agents, subconsultants, assigns, judicial district in San Diego County,Califomia:
attorneys and insurers. Consultant agrees, to the fullest extent
permitted by law, to indemnify,defend and hold harmless Client from 46. Witness, Litigation Support. Consultant shall not provide
any claim, liability. cost or damages, including reasonable attorneys' expert witness or other litigation support services, unless expressly
fees and costs of defense,for injury or loss caused by Consultant's agreed in writing. If Consultant is required to respond to any legal
negligent acts, errors, omissions or willful misconduct. Consultant process,including,but not limited to,subpoenas,government inquiries
shall not be obligated to indemnify Client in any manner whatsoever or attending depositions or hearings in any proceeding to which
for Client's own negligence, omissions or willful misconduct. Client Consultant is not a party, Client shall compensate Consultant for its
agrees,to the fullest extent permitted by law,to indemnify,defend and time and reimburse all of Consultant's expenses in connection with
hold harmless Consultant from any claim, liability, cost or damages, such legal process, according to Consultant's then current rate
including reasonable attorneys'fees and costs of defense,for injury or schedule.
loss caused by Client's negligent acts, errors or omissions or willful
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' Engineering,Planning,
PIN Corporate Office:
&ASSOCIA'I�S, 1NC. Environmental Sciences and 605 Third Street 760.942.5147
P-f—imnn/Timmx fnr C—pirr Prvjrr,H Management Services Encinitas,California 92024 Fax 760.632.0164
May 7,2004 "EXHIBIT A"
Gary Koontz, Community Development Director
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5295
1
Re: Scope of Work and Cost Estiniate for the City of Grand Terrace Outdoor
Adventures Center EIR focused survey
Dear.Mr. Koontz:
Dudek and Associates, Inc. (Dudek) is pleased to provide the following scope of work and
cost estimate to perform environmental services related to the Outdoor Adventrues
Center EIR that is currently in preparation by the City of Grand Terrace. We understand
that there is a small amount of potential least Bell's vireo (Vireo bellii pusillus) within the
project site and that a survey is required. Based on a coversation with you, the size was
approximated as 1 acre however based on review of current aerial photographs, it appears
there is approximately 6 acres of potential habitat. Based on our conversation we propose
to conduct the following:
Task 1 . Conduct Focused Surveys for Least Bell's Vireo
Focused- surveys for the federally-listed endangered and state-listed endangered least Bell's
vireo (Vireo bellii pusillus) will be conducted along all riparian bands identified as potential
habitat by the City of Grand Terrace. This appears to be the area between the end of Van
Buren and I-215. The surveys will be conducted during the breeding season for the species
according to the latest USFWS survey protocols. For the least Bell's vireo, eight site visits
will be conducted with at least ten-day intervals between each visit. Surveys, will be
conducted between the end of April and July 31. This task also includes a letter report
disclosing the results of the survey.
Mr. Gary Koontz "EXHIBIT A"
Re: Scope of W6rk and Cost Estimate for the City of Grand Terrace Outdoor
Adventures Center EIR focused.survey
The proposed fee for completion of the work is based on time-and-materials not to exceed
$71000.00. All labor hours will be billed according to our 2004 Schedule of Charges
(attached). Direct costs are billed at a 15% markup and are included in the cost estimate.
Attached is our standard agreement. We are prepared to begin immediately upon receipt
of the signed.agreement,
Not included in this proposal are; vegetation mapping; directed sensitive species surveys
other than those discussed above; impact analysis; responses to public or agency
comments; report revisions due to project changes or additional requirements of the
agencies not anticipated in this proposal; or regulatory compliance (ACOE, CDFG,
USFWS). If so desired, these additional services can be performed and will be charged on a
time and materials basis beyond the fee indicated.
Please feel free to call me at (760) 479-4239 if you have any questions.
Very truly yours,
DUDEK & ASSOCIATES; INC.
Anita M. Hayworth, h.D.
Senior Biologist
Environmental Sciences Division
Att: 2004 DUDEK Schedule of-Charges
DUDEK Standard Agree nietit
EA
_ - 242000-300
SSOCIATI S,INC.
rr�,n.I.,C—PW P,.j,«,5/7/2004 2
"EXHIBIT B"
DUDEK&ASSOCIATES, INC.
2004 STANDARD SCHEDULE OF CHARGES
Engineering Services Hydrogeological Services
Principal Engineer........................ ......$150.00/hr Principal ...... ........ .......... ... ... ... ........$170 00/hr
Project Manager............................. ....$130.00/hr Sr. Hydrogeologist/Sr- Project Manager$140.00/hr
Senior Engineer. ................................$130.00/hr Associate Hydrogeologist/Engineer.......$115.00/hr
Associate Engineer......................... ..$115.00/hr Hydrogeologist IV/Engineer IV... ...... . $100.00/hr
Project Engineer 11. ... ..................... ....$95.00/hr Hydrogeologist III/Engineer III .................$90.00/hr
Project Engineer I.. ...............................$90.00/hr Hydrogeologist II/Engineer 11 ............ .....$80.00/hr
Resident Engineer.................................$95.00/hr Hydrogeologist I/Engineer I .....................$70.00/hr
Field Engineer.............. ... ..... ..............$85.00/hr Technician................................................$60.00/hr
Engineering Inspector II....... ................$85.00/hr
Engineering Inspector I..... ..... .............$75.00/hr District Management&Operations
Engineering Assistant. .........................$60.00/hr District General Manager............. . ......$145.00/hr
District Engineer. ........................... ......$110.00/hr
Environmental Services District Manager II..... .. ..... ... ... .........$120.00/hr
Principal....... ................... .. ...............$170.00/hr District Manager I.............. ....................$100.00/hr
Senior Project Manager/Specialist......$145.00/hr District Manager Assistant............... .. ....$70.00/hr
Environmental Specialist/Planner V1...$130.00/hr District Secretary/Account ...... ..............$70.00/hr
Environmental Specialist/Planner V....$125.00/hr Collection Maintenance Manager. ......... $90.00/hr
Environmental Specialist/Planner IV...$115.00/hr Grade V Operator.......................... .. ... .$90.00/hr
Environmental Specialist/Planner Ill ..$110.00/hr Grade IV Operator.............................. ....$80.00/hr
Environmental Specialist/Planner II. ... $95.00/hr Grade III Operator. ........ .........................$65-00/hr
Environmental Specialist/Planner I .......$85,00/hr Grade II Operator.............................. .....$55.00/hr
Analyst....................... ...........................$70.00/hr Grade I Operator... ........ .... .............. .. -.$52.00/hr
Research Analyst .......$60,00/hr Operator in Training.................................$42.00/hr-
Collection Maintenance Worker 11..... ... -.$45-00/hr
Urban and Community Forestry Collection Maintenance Worker I.............$34.00/hr
Principal/Senior Consulting Arborist ...$170.00/hr
Senior Project Manager ....................$145.00/hr Office Services
Urban Forestry Specialist IV ..... -......$115.00/hr Technical/Draft/ng/CADD Services
Urban Forestry Specialist III................$110-00/hr 3D Graphic Artist....................................$125.00/hr
Urban Forestry Specialist 11...................$95.00/hr Senior Designer............................... .. ...$95.00/hr
Urban Forestry Specialist I....................$85 00/hr GIS Specialist II .................................. .. $95.00/hr
Research Analyst................. ............... $60,00/hr GIS Specialist I ........ --.-..-.. .....................$85.00/hr
CADD/Designer .................................... $85.00/hr
Construction Management Services CADD Drafter . ....................... . ...... ... ...$80.00/hr
Principal/Manager...............................$140.00/hr CADD Operator I......................................$70.00/hr
Construction Manager.........................$125.00/hr Assistant Designer Drafter....... ........ .. ...$65.00/hr
Senior Project Manager.............. .......$115.00/hr
Project Manager............. ................... $110 00/hr Support Services
Construction Engineer...................... ....$95.00/hr Computer Processing........-..-...-..-. ...-. ..$65.00/hr
On-site Owner's Representative...........$80.00/hr Clerical Administration.............................$60.00/hr
Construction Inspector III.......... ... .. ....$90.00/hr
Forensic Engineering ll Court appearances,depositions,and interrogatories as
Construction Inspector If............... .......$80.00/hr
expert witness will be billed at 1 75(Imes 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.
TravelExpenses-Mileage at 37.5 cents per mile.Per diem where overnight
slay is involved is charged at cost
S ASSO(fnTEti,Q Effective January 1,2004
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