20251021_8_Vegetation Management Study — Laguna Niguel City Council, October 21, 2025

To:

FROM:

DATE:

SUBJECT:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Tamara S. Letourneau, City Manager
October 21, 2025
Award of Professional Services Agreement for Defensible Space and Vegetation Management Study to Dudek

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Professional Services Agreement for Defensible Space and Vegetation Management Study to Dudek in the not-to-exceed amount of $72,762;

2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $14,552 for unforeseen conditions or extra work and authorize the City Manager to approve additional work for a total not-to-exceed amount of $87,314, if needed; and,

3. Authorize the City Manager to execute the Professional Services Agreement with Dudek, subject to the City Attorney making non-substantive changes.

BACKGROUND
The City of Laguna Niguel is responsible for ensuring compliance with all Orange County Fire Authority (OCFA) weed abatement requirements on City property, including open spaces. City-owned open spaces comprise various components, including parks, trails, open space corridors, greenbelts, hillsides, and conservation areas. The City's existing weed abatement efforts include both hand and machine work, chemical vegetation control, and sporadic goat grazing, all of which contribute to effective vegetation management. In total, the City performs weed abatement activities on approximately 44 acres in eleven areas across the City. Each year, the City conducts proactive weed abatement efforts and meets all requirements of the OCFA.

On June 9, 2025, the City Council conducted a public hearing to adopt the Fiscal Years 2025-2027 Operating and Capital Improvement Budget. During the meeting, the City Council instructed staff to issue a Request for Proposal (RFP) to conduct a Defensible Space and Vegetation Management Study, evaluating the City's current weed abatement practices and identifying any prudent and responsible measures for additional weed abatement. Since the study was not previously included in the City's Fiscal Year 2025- 2026 work plan, the City Council directed the project to be funded by reallocating contingency funds from the Fiscal Years 2025-2027 Operating Budget.

ANALYSIS
On July 31, 2025, the City issued an RFP for a Defensible Space and Vegetation Management Study (Attachment A). The goal of the RFP was to award a contract to a qualified consultant to p~rform an assessment of the City's current weed abatement practices on City-owned open spaces and determine both the benefits and constraints of moving beyond existing defensible space requirements, including any recommendations for consideration by the City.

In response to the RFP, three proposals were received. The proposals were evaluated based on the following criteria: (1) Completeness and Quality of Proposal; (2) Project Understanding and Approach; (3) Scope of Services; (4) Qualifications of Personnel and Partners; (5) Project Schedule; (6) Cost Proposal; (7) Experience and References; and (8) Interview. The table below displays the consultants, total costs, and ranking for all received proposals.
$72,762
D namic Plannin + Science $117,900
$68,000
Pursuant to Laguna Niguel Municipal Code Section 3-6-8, professional services contracts of an estimated expenditure of $50,000 or more must be awarded based on the demonstrated competence of the service providers, on the service provider's professional qualifications necessary for the satisfactory performance of the services required, on the fairness and reasonableness of the cost of the services to the City and shall not be awarded solely on the basis of cost.

After a thorough review of the proposals received and based on all evaluation criteria, staff recommends awarding the professional services agreement to Dudek, as the firm offers the best overall value for performing the Defensible Space and Vegetation Management Study (Attachment B and C). Dudek has demonstrated comprehensive experience in performing similar studies, a strong understanding of the project approach, a very strong in-house team of professionals, and strong references with Orange County and California cities. Dudek is familiar with Laguna Niguel, as they have performed work for the City in the past.

ALTERNATIVES CONSIDERED
The City Council may direct staff to reject all proposals and readvertise the RFP for the Defensible Space and Vegetation Management Study. Staff believes that rebidding the RFP will not result in more desirable bids or more qualified firms.

FISCAL REVIEW
Funding for this agreement will come from the Fiscal Years 2025-2027 contingency fund budget, as the Defensible Space and Vegetation Management Study was an unplanned, unbudgeted project expenditure.

LEGAL REVIEW
The City Attorney's Office has reviewed and approved the Professional Services Agreement and this staff report as to form.

CONCLUSION
Staff recommends that the City Council:

1. Award the Professional Services Agreement for Defensible Space and Vegetation Management Study to Dudek in the not-to-exceed amount of $72,762;

3. Authorize the City Manager to execute the Professional Services Agreement with Dudek, subject to the City Attorney making non-substantive changes.

Tamara S. Letourneau
City Manager
anager
Attachments:

Scott C. Smith
City Attorney
Kevin X. O'Connor
Assistant to the City Manager
A. RFP for Defensible Space and Vegetation Management Study B. Dudek Defensible Space and Vegetation Management Study Proposal C. Professional Services Agreement with Dudek

ATTACHMENT A
RFP for Defensible Space and Vegetation Management Study

CITY OF LAGUNA NIGUEL

DEFENSIBLE SPACE AND VEGETATION MANAGEMENT STUDY (RFP)
Issued: July 31, 2025 Due: Thursday, August 28, 2025, by 4:00 PM PST Administration Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
(949) 362- 4384
Seo e of Services:

RFP Submittal Information:

Printed Submittal Location:

RFP Due Date:

RFP Submittal
Requirements:

Prior to Award of Contract:

RFP Questions:

City Contact/Project
Manager:

Interested Consultants are required to submit:

1. One (1) signed original and two (2) printed
copies.

2. A PDF copy of the Proposal, emailed to the
City Contact or provided via cloud service
(DropBox, Google Drive, OneDrive, etc.)
No faxed Proposals. Late Proposals will not be
acce ted.

Laguna Niguel City Hall
Administration Department
30111 Crown Valley Parkway
La una Ni uel, CA 92677
Thursday, August 28, 2025, by 4:00 PM PST
Proposal must include the information described in
Section 1-5 and the Proposal Forms provided in
Attachments B, C, and D.

Proposals may be considered nonresponsive if the
Proposal does not provide all the information
requested in Section 1-5 and the Proposal Forms
rovided in Attachments B, C, and D.

The successful Consultant must submit a W-9, a
Certificate of Insurance, and related policy language
and/or endorsements that meet the City's criteria as
described in the draft A reement Attachment E
RFP questions must be submitted in the form of an
email with the RFP Title in the subject heading. The
deadline to submit questions is August 14, 2025, by
4:00 PM PST. Questions should be addressed to the
Ci Contact.

Kevin O'Connor
Assistant to the City Manager
Phone: (949) 362-4384
Email: [email protected]
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 1 of 51 Table of Contents
Proposal Instructions ................................................................................................... 4 Section I - Project Information .................................................................................... 5 1-1 . Program Information .............................................................................................. 5 1-2. City Background ..................................... .. ... ................................................... ........ 5 1-3. Related Resources ............................................................................................... 6 1-4. Project Goals and Project Deliverables ................................................................. 6 1-5. Scope of Work ...................... ........................................... ...................................... 7 Section II - RFP Process .............................................................................................. 9 11-1. RFP Timeline ........................................................................................................ 9 11-2. RFP Questions and Responses ................................................................. .... ....... 9 11-3. RFP Due Date and Opening ................................................................................. 9 11-4. RFP Evaluation Process ..................................................................................... 10 11-5. Request for Council Action .. ............................................................................... 11 11-6. Interviews ............................................................................................................ 11 11-7. Award and Execution of Professional Services Agreement ...................... .......... 11 11-8. Insurance & W-9 ................................................................................................. 12 11-9. Acceptance of Agreements and Terms ............................................................... 12 Section Ill - Proposal Forms and Content ................................................................ 13 111-1. General Information ........................................................................................... 13 111-2. Proposal Submission Requirements and Response Format.. ............................ 13 111-3. Letter of Transmittal ........................................................................................... 14 111-4. Project Team and Company Profile ................................................................... 14 111-5. Project Approach and Draft Project Schedule .................................................... 14 111-6. Cost Proposal ........................ ............................................................................ 14 111-7. Other Information ............................... ................................................................ 14 Section IV - Evaluation and Selection of Proposal .................................................. 15 IV-1 . Clarifications .......................................................................................... ... .. ....... 15 IV-2. Proposal Evaluation and Selection .................................................................... 15 IV-3. Single or Multiple Contracts ............................................................................... 15 IV-4. Interviews, Reference Checks, Discussion ........................................................ 15 Section V - General RFP Information ........................................................................ 16 City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 2 of 51 V-1. Public Records ......................................... ................................... ....................... 16 V-2. Cancellations .................................. .. .......... ........................................................ 16 V-3. Late Proposals .................................................................................................... 16 V-4. Disputes ............................................................................................... .............. 16 V-5. Protests .............................................................................................................. 16 V-6. Proposer Certifications ...... ................................................................................. 17 V-7. Nondiscrimination .................................................................... ........................... 18 V-8. Proposed Liability ............................................................................................... 18 V-9. Requests for Clarification, Additional Research, and Revisions ....... .................. 18 V-10. Rejection of Proposals ...................................................................................... 19 V-11. Modification or Withdrawal of Proposal by Consultant.. .................................... 19 V-12. Duration of Proposal ................................................................................... .. ... . 19 V-13. Local, State, and Federal Requirements ............................................... ........ .. . 20 V-14. Conflicts of Interest.. ......................................................................................... 20 Attachment A - Citywide Weed Abatement Maps .................................................... 21 Attachment B - Certification Statement .................................................................... 33 Attachment C - Ex Parte Communications Certification ......................................... 34 Attachment D - Disqualification Questionnaire ....................................................... 35 Attachment E - Sample Professional Services Agreement ..................................... 36 City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 3 of 51

PROPOSAL INSTRUCTIONS

1. Purpose: The City of Laguna Niguel (the "City") is requesting proposals from qualified firms ("Consultants") to perform an assessment of the City's current weed abatement practices in City-owned open spaces and determine the benefits and constraints of moving beyond existing defensible space requirements.

2. Contract Term: The term of the agreement is until all work is complete.

3. Examining of Proposal Documents: The submission of a proposal shall be deemed a representation and certification that the proposing Consultant:
(a) Has carefully read and fully understands the information provided by the City to serve as the basis for submission of this proposal; (b) Is capable and has the capacity to successfully undertake and complete the responsibilities and obligations of the submitted proposal; (c) Is acknowledging that all information contained in the proposal is true and correct;
(d) Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation, or other Consultant regarding the amount, terms, or conditions of this proposal;
(e) Is acknowledging the City has the right to make any inquiry it deems appropriate to substantiate or supplement the information supplied by the Consultant, and the Consultant hereby grants the City permission to make these inquiries and will provide documentation requested in a timely manner;
(f) Is acknowledging no request for modification of the proposal shall be considered after submission on grounds the Consultant was not fully informed of any fact or condition.

4. Availability of the RFP Document: The RFP document is available at www.cityoflagunaniquel.org/bids. The City is not responsible for the accuracy or completeness of RFP documents or information obtained from any source other than www.cityoflagunaniguel.org/bids.

5. RFP Schedule: The City reserves the right to modify this RFP Schedule as needed and will issue an addendum if the schedule is modified. The anticipated schedule for proposal review and contract award is outlined in Section 11-1 of this document.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 4 of 51

SECTION I - PROJECT INFORMATION
1-1. PROGRAM INFORMATION
The City of Laguna Niguel ("City") is requesting proposals from qualified firms ("Consultants") to perform an assessment of the City's current weed abatement practices on City-owned open spaces and determine the benefits and constraints of moving beyond existing Orange County Fire Authority (OCFA) defensible space requirements ("Study").

This Study will culminate in the development and delivery of a Defensible Space and Vegetation Management Report ("Report"). This project aligns with the City's adopted Strategic Plan, Goal #1 (Public Safety) and Goal #3 (Open Space and Environmental Preservation).
1-2. CITY BACKGROUND
The City of Laguna Niguel ("City") is a 14.72-square-mile bedroom community with a population of approximately 65,010, located in Orange County, California. The City was incorporated on December 1, 1989, as a master planned community. The City is known for its mild coastal climate, low crime rate, and its numerous parks, trails, and open spaces.

The City employs 66 full-time employees and operates primarily as a "contract city," utilizing agreements with other governmental entities, private firms, and individuals to provide municipal services to the community. Fire services are provided through the OCFA, of which the City is a member, and police services are provided by the Orange County Sheriff's Department.

Open space and parks are essential in maintaining a high quality of life in Laguna Niguel.

These areas provide a multitude of functions that are beneficial to the community. Some of these functions include the provision of recreation areas, preservation of natural resources, avoidance of development in hazardous areas, and establishment of buffers between incompatible land uses. Over one-third of Laguna Niguel (approximately 3,677 acres) is designated for open space use. This significant amount of open space is one of the key features defining the character and topography of the City. City-owned open spaces are comprised of various components, including parks, trails, open space corridors, greenbelts, hillsides, landscaping, and conservation areas.

Over 5,600 acres (8.8 square miles) of the City have been designated as a Fire Hazard Severity Zone, with approximately 4,800 acres classified as either a High or Very High Fire Hazard Severity Zone, and the City's western boundary borders a State Fire Hazard Severity Zone.

The City's current weed abatement program on City-owned open spaces includes hand and machine work, chemical vegetation control, and sporadic goat grazing for vegetation management. As previously mentioned, City-owned open spaces are comprised of various components, including parks, trails, open space corridors, greenbelts, hillsides, City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 5 of 51 landscaping, and conservation areas. In total, the City performs weed abatement activities on approximately 44 acres in eleven areas across the City (Attachment A). All weed abatement activities performed are required to meet OCFA fuel modification guidelines by July 1 of each year.
1-3. RELATED RESOURCES

1. Orange County Fire Authority Vegetation Management Guidelines C-05

2. Laguna Niguel Local Hazard Mitigation Plan

3. Laguna Niguel Local Responsibility Area Fire Hazard Severity Zones 1-4. PROJECT GOALS AND PROJECT DELIVERABLES
The Study and Report will be developed by a qualified Consultant with relevant experience serving other local government agencies. The awarded Consultant will conduct a Study and develop and deliver a Report as outlined in Section 1-5 (Scope of Work). The Study and Report will be considered successful if the following project deliverables are met:

1. The Consultant attends a virtual kick-off meeting with City staff.

2. The Consultant communicates and meets with the City on a regularly scheduled basis.

3. The Consultant will conduct a comprehensive vegetation management analysis of City-owned open space.

4. The Consultant will identify (if applicable) priority parcels for additional weed abatement activities and a narrative discussing prioritization rationale, to include benefits and constraints.

5. The Consultant produces a map(s) of all City-owned open spaces with applicable recommendations illustrating the results of the study (if applicable).

6. The Consultant will develop GIS-based tools to prioritize parcels for management using accurate attribute data.

7. The Consultant will provide shareable digital content, including but not limited to story maps, maps, tables, graphics, and video footage.

8. The Consultant will provide a draft Report that describes the modeling approach and summarizes the results, including maps, tables, and a narrative that describes vegetation characteristics and topography. The report will inform feasibility, constraints, environmental compliance, effectiveness, and potential costs.

9. The Consultant will provide a final Report.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 6 of 51 1-5. SCOPE OF WORK
The City is requesting proposals from Consultants to perform an assessment of the City's current weed abatement practices on City-owned open spaces and determine the benefits and constraints of moving beyond existing OCFA defensible space requirements.

The City will provide the Consultant with available GIS resources and related resources to identify City-owned open space. The City will provide the consultant with existing weed abatement practices in compliance with state and OCFA defensible space requirements on City-owned open space. The City has developed a general scope of work as described below. Consultants are encouraged to expand upon or reorganize the following tasks, provided that any proposed changes serve the primary goal of identifying areas where the City could consider modifying existing weed abatement practices beyond OCFA defensible space requirements. A final scope of work will be defined in the contract negotiation process.

The Consultant shall conduct an analysis of all City-owned open spaces and develop a site-specific approach for each, addressing the benefits, limitations and constraints of implementing additional weed abatement activities beyond OCFA requirements. The analysis should incorporate various factors, including but not limited to fire behavior and risk modeling based on topography, fuel types, existing fuel modification plans, weather influences, access issues, evacuation routes, environmental concerns, costs, and current weed abatement practices, to determine if additional weed abatement activities are warranted. The Consultant shall include in the Report the findings of the analysis, recommendations, cost estimates, and any necessary CEQA requirements needed to carry out the study's recommendations.

Task 1: Project Management and Project Meetings
The Consultant will establish a clear and consistent communication framework throughout the project. The Consultant will include an effective project management approach that includes a singular project manager who will serve as the City's main point of contact.

The project manager will provide regular project updates and coordination between the Consultant and City staff. If the proposal involves a team of consultants, the lead firm and supporting firms will be clearly identified. The Consultant will hold Project Meetings with City staff, as needed.

Task 2: Vegetation Management Analysis of City-Owned Open Spaces The Consultant will review the current vegetation management program, City-owned open space areas, and existing defensible space requirements. The Consultant will propose a methodology to conduct an analysis of City-owned open spaces, which will include fire behavior and risk modeling based on topography, fuel types, weather influences, current weed abatement practices, access issues, evacuation routes, environmental concerns, including soil erosion and slope stability/instability, to determine if additional weed abatement activities beyond existing practices are warranted. The analysis will consider existing fuel modification plans and should conduct a cost-benefit City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 7 of 51 analysis to determine if additional weed abatement practices are necessary and recommended. The methodology should be presented to the City prior to the execution of the Study, providing the City an opportunity to ensure all elements are incorporated.

The Consultant should perform the Study analyzing the opportunity for additional weed abatement activities, including constraints, environmental compliance, potential or existing geological issues, effectiveness, and longevity. The Consultant shall determine whether a Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR) is required based on any recommendations for additional weed abatement activities.

Task 3: Defensible Space and Vegetation Management Report Information from the Vegetation Management Analysis will be compiled into a draft Defensible Space and Vegetation Management Report, outlining the methodology, findings, and recommendations for refining the weed abatement program beyond OCFA requirements, if applicable. The Report should outline the benefits, limitations and constraints, applicable costs, and necessary environmental documentation to ensure CEQA compliance across all City-owned open spaces. This includes determining whether a Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR) is required.

If the Consultant determines that additional weed abatement activities are recommended beyond existing OCFA requirements, the recommendation should include an assigned priority level, the frequency of these additional activities, cost estimates (both one-time and recurring costs) that account for finite resources, and applicable environmental documentation. Recommendations may include that no additional action is necessary beyond existing weed abatement practices. The Consultant should develop a GIS-based tool to present all the findings and recommendations with appropriate attribution data.

The draft Report should provide a financial strategy to sustain an appropriate level of weed abatement activities, if applicable. The Consultant will provide a draft Report for City, incorporating requested edits, clarifications, and modifications, prior to finalizing the Report. The Consultant will provide shareable digital content, including but not limited to story maps, maps, tables, and graphics.

Consultant should be available to present Report recommendations at City meetings as requested by City, with advanced notice, if applicable.

The remainder of this page is intentionally left blank.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 8 of 51

SECTION II - RFP PROCESS
11-1 . RFP TIMELINE
The City intends to follow the schedule described below during the RFP process, but reserves the right to alter the schedule at any time.

Release of RFP
Questions (if any) Due from August 14, 2025, by 4:00 PM PST Consultant
Res onses to Consultant's Questions
Interview Finalists If necessa
Contract Award Tentative October 2025
11-2. RFP QUESTIONS AND RESPONSES
Consultants interested in submitting a proposal are asked not to contact other City staff or City Council Members in connection with the RFP prior to any City Council Award of the Contract.

Please only submit questions pertaining to the RFP by email at [email protected] on or before August 14, 2025, by 4:00 pm PST. No questions will be accepted via phone. Once all questions are received, the City will summarize all questions and their responses in an addendum to the RFP. The addendum will be provided by 4:00 pm PST on August 21, 2025. The addendum will be posted on the City website at www.cityoflagunaniguel.org/bids.

In case additional clarifications need to be provided after August 14, 2025, and before the RFP Due Date, the City will post additional addenda to the City website at www.cityoflagunaniguel.org/bids.

Each Consultant is responsible for obtaining all addenda prior to submitting a proposal and shall acknowledge in its proposal the receipt of each addendum as part of its proposal.
11-3. RFP DUE DATE AND OPENING
Proposals are due on or before the RFP Due Date, August 28, 2025, by 4:00 pm PST.

Submitted Proposals will contain all the elements described in Section 1-5 (Scope of Services) of this RFP. Interested Consultants will submit the following:

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 9 of 51

1. One (1) signed original and two (2) copies containing section tabs with responses following the same order of the RFP in a sealed envelope or box and marked with the RFP title by the RFP Due Date; and

2. A PDF copy of your Proposal, emailed to the City Contact or provided via cloud service (Dropbox, Google Drive, OneDrive, etc.)
Proposals will be addressed to the City Contact:

City of Laguna Niguel (City Hall)
Kevin O'Connor, Assistant to the City Manager
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
It is the responsibility of the Consultant to ensure the proposal is submitted by the RFP Due Date. Late proposals will not be accepted. No exceptions. The City will not publicly open or read proposals aloud.
11-4. RFP EVALUATION PROCESS
This RFP is not a formal bid process governed by formal bid rules typically associated with public projects. The evaluation and selection process are based upon consideration of a variety of factors, as described further in this document. Accordingly, the City reserves the right to waive technical errors, alter submission dates, issue subsequent requests for proposals, etc.

An Evaluation Committee, comprised of City personnel and/or related public safety professionals, will review and score all proposals based on the Evaluation Criteria stated below. The selection will be made based on the recommendation of the Evaluation Committee and will be presented to the City Council for approval to award and execute an Agreement. The individual rating and/or evaluation forms prepared by the Evaluation Committee members will not be revealed; however, a summary of the evaluation results will be made available to the City Council.

The selection of the Consultant to provide the Defensible Space and Vegetation Management Report to the City will be based on a comprehensive review of the Consultants qualifications/responses as presented in their proposal, overall price and cost to the City, experience and success of the Consultant in providing services to similar clients, and the Consultant's ability to provide the services outlined in the RFP. The proposals will be evaluated and ranked in accordance with the evaluation criteria described below.
• Completeness and Quality of Proposal
• Project Understanding and Approach
• Scope of Services
• Qualifications of Personnel and Partners
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 10 of 51 • Project Schedule
• Cost Proposal
• Experience and References
• Interview (if applicable)
11-5. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the City's Evaluation Committee, the City will recommend a Consultant for consideration of award at a City Council Meeting. The selected Consultant will enter into an Agreement with the City based on the contents of the RFP and the Consultant's proposal.

If a Consultant is unable to execute an agreement within thirty (30) days after being notified of selection, the City reserves the right to select the next most qualified proposing Consultant or call for new proposals, whichever the City deems appropriate. The Consultant shall be required to enter into a written contract with the City in a form approved by the City's legal counsel. The City reserves the right to negotiate the terms and conditions of the contract with the selected Consultant. • 11-6. INTERVIEWS
During the evaluation process, at its discretion, the City/Evaluation Committee may request any one or all Consultants to make oral presentations by participating in an interview, if applicable. If the City elects to conduct interviews, they will be held either in person or via video conference. The City will provide as much advance notice as possible to selected Consultants chosen to participate in the interview process, if applicable. Such presentations will provide Consultants with an opportunity to answer any questions the City/Evaluation Committee may have about their qualifications and proposal. 11-7. AWARD AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT The successful Consultant will be required to enter into a Professional Services Agreement with the City. For reference, the City's current Professional Services Agreement template is included within this RFP (Attachment E). The term of the Agreement will begin once the Agreement is fully executed and when a W-9, a certificate of insurance, and related insurance endorsements meeting the City's requirements have been received and approved.

In addition to indemnification and hold harmless language, the agreement must include all insurance requirements included in Attachment E.

Coverage may be provided as part of Commercial General Liability coverage (GL), Professional Liability coverage (PL), or a separate Policy. If coverage is provided as part of a GL or PL policy, the Service Provider must provide written confirmation of coverage and per occurrence limits from the Service Provider's insurer or insurance agent/broker City of Laguna Niguel, CA- RFP- Defensible Space and Vegetation Management Study Page 11 of 51 with a required endorsement and a 30-day notice of cancellation.

The insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist, as approved by the City. Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the insurance requirements unless the Consultant includes with its Proposal, in writing, any conditions or exceptions requested by the Consultant to the terms of the RFP and/or insurance requirements. The City reserves the right to reject any Consultant(s) exceptions or proposed revisions to the RFP and/or insurance requirements. 11-8. INSURANCE & W-9
Upon the recommendation of contract award, the Consultant will be required to submit the following documents within ten (10) business days of City notification, unless otherwise specified in the solicitation:

1. Insurance - City requires that the Consultant have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City. Within ten (10) business days of contract award, the selected Consultant must furnish the City with the Certificate of Insurance proving coverage as specified in the sample contract. A valid Certificate of Insurance shall be on file with the City at all times, and the Consultant shall provide updated Certificates as necessary prior to expiration.

The selected Consultant must provide and maintain in force, at all times during the term of the services, Certificates of Insurance in amounts consistent with the services provided and as determined jointly by the City and the Consultant for Workers' Compensation, Commercial General Liability, Cyber Liability, Automotive Liability, Error and Omissions Liability or Professional Liability.

2. W-9 - Current signed form W-9 (Taxpayer Identification Number & Certification), which includes the Consultant's legal business name(s). 11-9. ACCEPTANCE OF AGREEMENTS AND TERMS
After any City Council award of Contract, the City will work to fully execute the Professional Services Agreement (Attachment E). This Contract shall be valid until all services have been completed or have been terminated by either party.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 12 of 51 SECTION Ill - PROPOSAL FORMS AND CONTENT
111-1. GENERAL INFORMATION
The City reserves the right to retain all proposals submitted. Submission of a proposal indicates the Consultant's acceptance of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City and the Consultant.

The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City. Any Consultant may withdraw their proposal, without obligation, at any time prior to the RFP Due Date. A withdrawal will not be effective unless made in writing to the City Contact prior to the RFP Due Date. Proposals may later be referred to the City Council for appropriate action. The proposed services, related pricing, and warranties contained in the proposal must be valid for a period of 90 days from the August 28, 2025, RFP Submittal date.
111-2. PROPOSAL SUBMISSION REQUIREMENTS AND RESPONSE FORMAT A proposing Consultant must follow the instructions for preparing the proposal in the prescribed format. Emphasis should be placed on completeness and clarity of content, and should thoroughly address the Scope of Work (Section 1-5).

To be considered, the Consultant must submit a complete response to this RFP, including the following mandatory information and/or requirements in the order below and the forms/format provided in Section 1-5 and Attachments B, C, D, and E. Failure to provide any of the information requested below may be cause for the proposal to be considered non-responsive.

1. Title/Cover

2. Table of Contents

3. Letter of Transmittal

4. Project Team and Company Profile

5. Project Approach and Draft Project Schedule

6. Cost Proposal

7. Other Information
Proposal guidelines and requirements are described in more detail below in Section Ill.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 13 of 51 111-3. LETTER OF TRANSMITTAL
Proposals should include a letter addressed to the City Contact and signed by a duly constituted official legally authorized to bind the Consultant to both its proposal and cost schedule. The letter should address the Consultant's willingness and commitment, if selected, to provide the service and why the Consultant believes it should be selected.

The letter should contain a statement that the Consultant has read and will comply with all the terms and conditions of the RFP.
111-4. PROJECT TEAM AND COMPANY PROFILE
Provide an overview of the key personnel who will perform work on this project. Submit a resume or other breakdown listing the experience of key personnel. Provide an organizational chart that reflects the titles of key staff and management contacts of everyone assigned to provide the requested services.

Proposals shall provide at least three (3) recent public agency (preferably municipal agencies) clients of similar size and scope of service utilization as the City. Include the agency/client, location, contact information, services provided, and other relevant information to allow detailed reference checks. Consultant is responsible for notifying references that the City may be contacting them and for providing any waivers or releases the reference requires prior to submitting a proposal.
111-5. PROJECT APPROACH AND DRAFT PROJECT SCHEDULE
Provide a detailed work plan discussing the Consultant's approach and a draft project schedule for providing the tasks described in Section 1-5 (Scope of Work). The proposal should discuss how the Consultant will conduct each task, in detail sufficient to demonstrate a clear understanding of the Project and identified deliverables. 111-6. COST PROPOSAL
Provide a cost proposal to provide the tasks described in the Scope of Work as outlined in this RFP.
111-7. OTHER INFORMATION
Provide additional information to help the City's Evaluation Committee evaluate a proposal in comparison to the proposal(s) submitted by other Consultant(s).

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 14 of 51 SECTION IV. EVALUATION AND SELECTION OF PROPOSAL
IV-1. CLARIFICATIONS
The City reserves the right to seek written clarification of any proposal submitted. The City also reserves the right to require presentations, demonstrations, and other supporting materials prior to selection.

IV-2. PROPOSAL EVALUATION AND SELECTION
The City will select a Consultant based on the evaluation of the submitted proposals. The City reserves the right to request a Best and Final Offer (BAFO) from the top-ranked Consultant. The City will recommend the consideration of award of the contract to the highest-ranked, responsive and responsible Consultant.

The City may reject any Proposal in which a Consultant's approach, qualifications, or price is not considered acceptable by the City.

IV-3. SINGLE OR MULTIPLE CONTRACTS
The City will award only one Consultant to provide all services described in the Scope of Work in this RFP (Section 1-5). If multiple Consultants desire to work together, one Consultant will enter a contract with the City and agree upon a method of compensation with the other Consultant(s), separate from the City.

IV-4. INTERVIEWS, REFERENCE CHECKS, DISCUSSION
Following the initial review of Proposals, Consultants may be invited to participate in an interview, if applicable. If conducted, interviews will be via video conference or in person.

The individual(s) from the Consultant's firm or entity that will be directly responsible for carrying out the contract and scope of work, if awarded, shall be present at the interview.

In addition to conducting interviews, the City may, during this stage of the evaluation process, also contact and evaluate the Consultant's references, contact any Consultants to clarify any response or request revised or additional information, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process.

Selection for the award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may terminate negotiations and commence negotiations with the next highest-scoring Consultant or cancel the RFP.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 15 of 51 SECTION V. GENERAL RFP INFORMATION
V-1. PUBLIC RECORDS
Responses to this RFP become the exclusive property of the City and are subject to the California Public Records Act. Those elements in each proposal that are trade secrets as that term is defined in California Civil Code section 3426.1 (d) or otherwise exempt by law from disclosure and that are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records, including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Consultants who indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive.

In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the Consultants agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney's fees, if any action or liability arising under the Public Records Act.

V-2. CANCELLATIONS
The City reserves the right to cancel this RFP or the contract award at any time before the execution of the contract by both parties if cancellation is deemed to be in the best interest of the City. In no event shall the City have any liability for the cancellation of a contract award.

V-3. LA TE PROPOSALS
Proposals not received by the RFP Due Date will not be considered.

V-4. DISPUTES
In case of any doubt or differences of opinion as to the items or services to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties.

V-5. PROTESTS
Protest of the recommendation for proposals must be made immediately and in no event later than five (5) working days after the notice of recommendation for award.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 16 of 51 V-6. PROPOSER CERTIFICATIONS
By the act of submitting a Proposal in response to this RFP, the Proposer certifies that:

1. The Consultant has carefully examined all RFP documents, including the draft Agreement (attached as Attachment "E"), and all addenda, and fully understands the intention of the RFP is to perform all tasks as described in the Scope of Work of this RFP, and the proposal is made in accordance therewith. Except as otherwise noted as part of the proposal, the Consultant certifies that the Consultant is ready, willing, and able to comply with all terms of the attached Agreement.

2. The Consultant is familiar witA the local conditions under which the work will be performed.

3. The proposal is based upon the requirements described in the RFP, without exception, unless clearly stated in the response.

4. The Consultant accepts all of the terms of the City's Agreement and warrants that the Consultant will fully meet all of the insurance requirements contained therein.

If the Consultant wishes to amend or modify any terms of the Agreement, such amendment or modification must be stated in particular in the Proposal. Proposed changes to the Agreement not stated at the time of proposal submission will not be considered. Changes stated will be considered, but may not be agreed upon by the City for contract award. If the City does not agree with such noted changes, the Consultant may withdraw the proposed change, or the entire proposal, and the City may elect to award the contract to the next highest ranked Consultant.

5. The Consultant certifies, and in the case of sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of Consultant's knowledge and belief, no elected official, employee, or person whose salary is payable, in whole or in part, by the City has a direct or indirect financial interest in the proposal or in the services to which it relates, or in any of the profits thereof, other than as fully described in the Consultant's response to this RFP.

6. The Consultant has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and if its proposal is accepted, the Consultant shall accept the contract documents thereto, unless substantive changes are made in the same without the approval of the Consultant.

7. The Consultant, if an individual, is of lawful age; is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed Agreement.

8. The Consultant has quality professional experience providing the types of services and duties as described within the Scope of Work of this RFP.

City of Laguna Niguel, CA- RFP- Defensible Space and Vegetation Management Study Page 17 of 51

9. The Consultant shall also certify the Consultant's state of residence.

V-7. NONDISCRIMINATION
By the act of submitting a proposal in response to this RFP, the Consultant certifies, under penalty of perjury, that the Consultant has not discriminated against minorities, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining any required subcontracts.

V-8. PROPOSED LIABILITY
Consultants responding to this RFP do so solely at their expense, and the City is not responsible for any Consultant expenses associated with the RFP. By proposing, Consultants agree that doing so is at their own risk, and the City shall have no liability related thereto. Finalists invited to participate in interview evaluations, if applicable, are responsible for scheduling and paying for their own travel arrangements if taking place in-person. The City is not liable for any cost incurred by a Consultant in protesting any portion of the RFP documents or the City's selection decision.

V-9. REQUESTS FOR CLARIFICATION, ADDITIONAL RESEARCH, AND

REVISIONS
The City reserves the right to obtain clarification of any portion of a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Consultant to timely respond to such a request for additional information or clarification may result in a finding that the Consultant is non-responsive and consequent rejection of the proposal.

The City may obtain information from any legal source for clarification of any proposal.

The City need not inform the Consultant of any intent to perform additional research in this respect or of any information thereby received.

The City may perform, at its sole option, investigations of any Consultant. Information may include, but shall not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public record and may be disclosed accordingly.

The City reserves the right to request revisions of any proposal after the date and time due and before the award for the purpose of obtaining the best and final offers.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 18 of 51 V-10. REJECTION OF PROPOSALS
The City reserves the right to reject any or all irregularities or omissions in proposals submitted in response to this RFP to the extent it is determined to be in the best interest of the City to do so. Furthermore, the City reserves the right to reject any or all proposals or portions thereof submitted in response to this RFP. Proposals may be rejected for one or more of the following reasons, including but not limited to:

1. Failure of the Consultant to adhere to one or more of the provisions established in the RFP.

2. Failure of the Consultant to submit a proposal in the format specified herein.

3. Failure of the Consultant to submit a proposal within the time requirements established herein.

4. Failure of the Consultant to adhere to ethical and professional standards before, during, or following the proposal process.

The City may reject any proposal not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all proposals upon a finding by the City that it is in the public interest to do so. Rejected proposals are considered to be non-responsive.

V-11. MODIFICATION OR WITHDRAWAL OF PROPOSAL
A proposal may not be modified, withdrawn, or canceled by the Consultant following the time and date the proposals are due (RFP Due Date). Proposals submitted early may be modified or withdrawn only by notice to the City at the proposal submittal location prior to the time and date the proposals are due. Such notice shall be submitted to the City Contact by email and sent by a duly authorized representative of the Consultant submitting the proposal. All such communication shall be worded so as not to reveal the contents of the original proposal. Withdrawn proposals may be resubmitted prior to the time and date the proposals are due, provided that they are then fully in conformance with the RFP.

V-12. DURATION OF PROPOSAL
Proposal prices, terms, and conditions shall be firm for a period of at least ninety (90) days from the time and date proposals are due. Proposals shall not be subject to future price escalation or changes of terms during the ninety (90) day period.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 19 of 51 V-13. LOCAL, STATE, AND FEDERAL REQUIREMENTS
The City intends to select a Consultant in accordance with California law and the City's municipal code. The selection of a Consultant under this process is not a guarantee of a contract award, nor is the award of a contract for any portion of the project a guarantee of the award of a contract for any subsequent work. All work is subject to budgetary and funding constraints of the City.

The selected Consultant shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the work under the Agreement, including, without limitation, the provisions of (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations.

V-14. CONFLICTS OF INTEREST
The Consultant warrants and represents that it presently has no interest and agrees that it will not acquire any interest, which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Consultant further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 20 of 51

ATTACHMENT A - CITYWIDE WEED ABATEMENT MAPS
(THIS PAGE IS INTENT/ONALL Y LEFT BLANK)
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 21 of 51 Area 1
Area 2
Area 9
Area 10-

CITYWIDE WEED ABATEMENT

INDEX MAP
City of Laguna Niguel
Area 4
Area 11
N
A
0 0.2 0.4 0.8 1
~ iiiiiiiiiiiiiiiiiiiiiiil
Miles
CI1YWIDE WEED ABATEMENT
AREA 1 - KITE HILL
City of Laguna Niguel
-=• • . ~. •-• •-- • • 11-. 1 _.., -~--••• ··• •H~• • .,...•••• • ,.. .,.1~, .••••••I• •• •••-• • ••• •• • • .,.... oA • 0 100 200
i----
N
A
500 700
Feet

CITYWIDE WEED A BAT EM ENT
AREA 2 - LA HERMOSA PARK
City of Laguna Niguel
N
A
0 90 200 400 500
,.._.._
i==eet

CITYWIDE WEED ABATEMENT
AREA 3 - PIENZA - 50' BAND
City of Laguna Niguel
-! IL . • #I .. _, _.. ., .. . ,_, ., I -A -r,,-,,. -•'•L•• :t•I • .,... _ ••- •-~· ''- --~••• • .. "·•- •••• •••-·'°'I +I 1 N
A
0 40 80 200 200
,.._..._
i='eet
I- 0
LU
:z 1-4 LU
3:

LU
:E
0 ~ V
co ~ <( ,...... 0 ...__.,
Ul
LU
0 3:

LU
M
::-- 5
1,,-

CITYWIDE WEED ABATEMENT
AREA 5 - GEORGE WHITE ELEMENTARY/ REDONDO VIEW NODE PARK City of Laguna Niguel
N
A
0 60 100 200 300
~ Feet

CITYWIDE WEED ABATEMENT
AREA 6 - REEF VIEW NODE - 30' BAND & ALL FLAT AREAS
N
A
0 40 80 200 200
,-_-- City of Laguna Niguel Feet
1""' - t - - - t 1. 1 . ,... _ _ __ . .... ,, _ _ ,._ , . 11 .. - I" • •- - - --- --· ......... , _,... ~ .. ~. - - · - · ••t- - • - " -~-

CITYWIDE WEED ABATEMENT
AREA 7 - PHILLIPS CIRCLE
AREA 8 - RUSSELL LANE
City of Laguna Niguel
,.... ,. II' ,. ... - Ila I ,. ,-. • • ., • • • • ' • I • • · • • • U • ,,o • • ,. ,. • • • • • • • ··• I ,-. h ... , , L:A- -a:n- - :1';::"-' - ,> • ··.,;,:_ ~- _-, ~. •. - - •.. _..r., • N
A
0 60 100 200 300
,.. ---
'F'eet

CITYWIDE WEED ABATEMENT
AREA 10 - BEAR BRAND PARK
City of Laguna Niguel
"f L . C' I -- ••-• I.II .. •• • -A -r---• C' •--l>•• • .... .. •••--•'''--•&.,.Ho• &• .,. ••-••••••• • .... , ol N
A
0 80 200 300 500
pill~ -
Feet
d§
z
Q
0 ~
0 ~
Cl
::J
C:
nJ
-
••--- L••-·• •• l. fl-••·• -A _,..._ - • .t.- -llco-••-••••• •-•1,, ..,~••••·1•

CITYWIDE WEED ABATEMENT
AREA 11 - LONGVIEW PARK
City of Laguna Niguel
N
A
0 80 200 300 500
P-..-.

F'eet

A TT AC HM ENT B - CERTIFICATION STATEMENT

CERTIFICATION STATEMENT
All Proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Consultant to both its Proposal and cost schedule.

1. Consultant did not, in any way, collude, conspire or agree, directly or indirectly, with any person, firm, corporation or other Consultants in regard to the amount, terms, or conditions of this proposal.

2. Consultant additionally certifies that neither Consultant nor its principals are presently disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, any California State agency, or any local government agency.

3. Consultant acknowledges that all requests for deviations, exceptions, and approved equals are enclosed herein and that only those deviations, exceptions, and approved equals included in the RFP document or permitted by formal addenda are accepted by the City.

4. Consultant did not receive unauthorized information from any City staff member or City Councilman during the Proposal period except as provided for in the Request for Proposals or formal addenda issued by the City.

5. Consultant certifies that they do not discriminate in the employment of any person because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background; and that they are in compliance with all Federal, State and local laws, directives and executive orders regarding nondiscrimination in employment.

6. Consultant hereby certifies that the information contained in the proposal and all accompanying documents is true and correct.

Consultant's Signature Date
Print Name Title
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 33 of 51

ATTACHMENT C-EX PARTE COMMUNICATIONS CERTIFICATION

EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing one of the following two statements below. Only sign one statement.

Statement One
I certify that Consultant and Consultant's representatives have not had any communication with a City Council Member concerning the RFP for Defensible Space and Vegetation Management Study at any time after , 2025.

Consultant's Signature
Print Name
-ORStatement Two
Date
Title
I certify that the Consultant and Consultant's representatives have communicated after ___ , 2025, with a City Council Member concerning the RFP for Defensible Space and Vegetation Management Study. A copy of all such communications is attached to this form for public distribution.

Consultant's Signature Date
Print Name Title
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 34 of 51

ATTACHMENT D- DISQUALIFICATION QUESTIONNAIRE

DISQUALIFICATION QUESTIONNAIRE
The Consultant shall complete the following questionnaire:

Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has a proprietary interest in the Consultant ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 35 of 51

ATTACHMENT E - SAMPLE PROFESSIONAL SERVICES AGREEMENT

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into _ _______________ _ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and ____________________ , a------ ---------
("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties." In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULT ANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant's Proposal and City's RFP. Consultant's proposal or bid for this Agreement ("Consultant's Proposal"), dated _ _____________ _, shall be incorporated herein by this reference as though fully set forth herein. City circulated a Request for Proposals for the services provided for herein on _ _ _________ ___ _ . City's Request for Proposals ("City's RFP"), which was responded to by Consultant's Proposal, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included both in Consultant's Proposal as well as in City's RFP. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal (for scope of services or work, or schedule of performance), and the terms of City's RFP (for scope of services or work, or schedule of performance), the Consultant's Proposal shall govern, unless this Agreement provides otherwise. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant's Proposal, other than description of scope of services or work, as well as description of schedule of performance, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered.

City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 36 of 51 successors and assigns shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Additional Services and Compensation. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Laguna Niguel Municipal Code, is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants.

1.6 FamiJiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.7 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City's current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.8 PrevaiJing Wages. If services include any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $ I ,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws. To the maximum extent permitted by law, Consultant's obligations in Section 5.3 (Indemnification) expressly apply to acts or omissions arising out of, or incidental to, the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their officers, City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 37 of 51 employees and agents) in connection with any services, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant pursuant to this section shall survive termination of the Agreement.

1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. The total compensation ( excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed _ ____________ Dollars ($ _ _ ___ ~ ("Compensation Sum"), unless additional compensation is approved pursuant to Section 1.5. This Agreement includes a contingency amount equal to ----~ percent of the Compensation Sum ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed _____ ___ ______ Dollars ($ _ ____ _, ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5. The Consultant shall obtain written approval from the City for any use of the Contingency Sum.

Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. Upon expiration of original term of the Agreement, if term is extended (pursuant to Section 3.2 or otherwise), fees and rates may only be increased both pursuant to Section 9.4 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Orange County area) for the applicable period of time. City has no obligation or duty to provide any such increase. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

2.2 Invoices. Unless some other method of payment is specified in Exhibit B, Special Requirements, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 38 of 51 constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than _____________ , 20_. The term of this Agreement may be extended administratively (with total cumulative extension no greater than five years), by the City pursuant to Section 9.4 and without the need for further approval by the City Council, if the Consultant's performance is satisfactory and it is in the best interest of the City.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, (with the express exception of delays arising from the impact of COVID-19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay.

City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.0 Consultant Representative. The Consultant Representative is _______________ ([title, work hone number and work email]) who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 39 of 51 this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. •

4.1 City Representative. The City Representative is such person as designated by the City Manager or her designee. The City Representative shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant's responsibility to assure that the City Representative is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.2 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, may be made (unless otherwise specified) either by the City Manager, the Assistant City Manager, Finance Director, or by the City Representative ( or by their respective delegates as provided for in writing).

4.3 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant's exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees' Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.4 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 40 of 51 be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant's indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. (a) Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ("ISO") form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
{d) Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 41 of 51 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. (e) Cyber Liability. Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
(f) Excess Liability and Umbrella Liability Insuranc&. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) "follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy. {g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall, upon request of City, furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements herein.

5.2 General Insurance Requirements.
{a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 42 of 51 claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. {b) Cancellation/ Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(c) Additional Insureds. The commercial general liability policy provided for in Section 5.l(a) and the automobile liability policy provided for in Section 5.l(c) both shall name City and its elected and appointed officers, employees, agents and designated volunteers ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties.

None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. (e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any selfinsured retention). Any deductibles or self-insured retentions must be declared to and approved by City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 43 of 51 City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims.

5.3 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns ( each an "Indemnitee" and collectively, "lndemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an "lndemnitor" and collectively, "Indemnitors") in connection with the performance of Consultant's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option oflndemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Consultant will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse lndemnitees for the cost of any settlement paid by lndemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties ( collectively "City" for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims· or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City's defense until such time as a final judgment City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 44 of 51 has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under Section 5.3 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Consultant. (c) Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law (within the limitations, as applicable, of Civil Code section 2782.8), Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ("books and records") as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles (and, as applicable, maintained also in accordance with requirements of Labor Code section 1776), shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports. Consultant shall periodically submit written reports to City Representative concerning performance of services, upon request, and/or as necessary for City to be informed of both performance of services as well as any decisions which must be made by City.

6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ("documents and materials") prepared (regardless of whether complete or incomplete) by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 45 of 51 ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials under express condition that Consultant agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for City.

6.4 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain prior to such gain or production.

Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, Southern Division, in the County of Orange, State of California.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 46 of 51

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days' notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7 .3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 47 of 51 failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys' Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and a Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, consultants' fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Emplovees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 48 of 51

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account ofrace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to Finance Director at City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement, headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 49 of 51

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing, approved by City and Consultant, and consistent with the Laguna Niguel Municipal Code.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 50 of 51 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Marissa J. Asistin, City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,
CALIFORNIA:

Scott C. Smith, City Attorney
CITY:

CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
CONSULTANT:
________
a , - --------
By: ___________ _
Name:

Title:

By: _____ ____ ____ _
Name:

Title:

Address: -----------
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) APPROPRIATE ATTESTATIONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.

City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 51 of 51

ATTACHMENT B
Dudek Defensible Space and Vegetation Management Study Proposal Title/Cover Page
Defensible Space and Vegetation Management Study
Submitted by:

Dudek
Date of Submittal:

August 28, 2025
Submitted to:

Kevin O'Connor, Assistant to the City Manager
City of Laguna Niguel
City Hall Administration Department
30111 Crown Valley Parkway
Laguna Niguel, California 92677
Defensible Space and Vegetation Management Study
DUDEK

INTENTIONALLY LEFT BLANK
Defensible Space and Vegetation Management Study ii
Table of Contents

SECTIONS
Title/Cover Page ................................................................................................................................................................................... i Letter of Transmittal ........................................................................................................................................................................... v Project Team and Company Profile .................................................................................................................................................. 1 Project Approach and Draft Project Schedule ................................................................................................................................. 7 Project Schedule .............................................................................................................................................................................. 11 Cost Proposal .................................................................................................................................................................................... 13 Other lnformation ............................................................................................................................................................................. 15 TABLES
1 Key Personnel Qualifications .............................................................................................................................................. 3 2 Project Schedule ............................................................................................................................................................... 11 FIGURE
1 Dudek Team Organization ............................................................................................................................... ................... 3

APPENDICES
A Resumes
B Required Forms
Defensible Space and Vegetation Management Study iii
DUDEK

INTENTIONALLY LEFT BLANK
Defensible Space and Vegetation Management Study Iv
Letter of Transmittal
August 28, 2025
Kevin O'Connor, Assistant to the City Manager
Administration Department
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, California 92677
Subject: Defensible Space and Vegetation Management Study Dear Kevin O'Connor:

Dudek understands that the City of Laguna Niguel (City) administers a weed abatement program in City open spaces that complies with Orange County Fire Authority (OCFA) defensible space requirements.

The City is interested in working with an experienced wildfire consultant to analyze its current weed abatement practices to determine if these current weed abatement practices are well matched to wildfire risks at each site and, if necessary, provide site-specific recommendations for implementing weed abatement practices that exceed OCFA requirements.

Based on the Request for Proposal (RFP) from the City, we have prepared a focused response outlining Dudek's qualifications and our approach to assisting the City in creating a weed abatement program that balances fire safety with environmental concerns. The project team will bring the City the following strengths:

DUDEK AT A GLANCE
• Multidisciplinary
environmental and
engineering services
• Founded in 1980; 45 years
in business
• 20 offices
• 1,000+ employees
• 100% employee-owned
• Top 125 U.S. Environmental
Firm (Engineering NewsRecord, 2024)
Experienced Project Management The project will be managed by Jeremy Cawn, a Registered Professional Forester (RPF) and a National Fire Protection Association Certified Wildfire Mitigation Specialist (CWMS). Jeremy will be the primary point of contact for the City throughout the process. Working closely with Jeremy will be Noah Stamm, located in our Pasadena office. Jeremy will perform most of the critical project tasks and will work closely with City staff during project development. Our core wildfire prevention team has worked together for more than 25 years on projects throughout California. Support and resources for the preparation of digital content and geographic information system (GIS)-based tools will be provided by our team of GIS, and graphics and web development specialists.

Application of Best Practices from Similar Experience. The project team has successfully completed vegetation management plans (VMPs), wildland-urban interface assessments, and other wildfire and fuel management projects. Relevant regional experience includes the development of a VMP for the City of Newport Beach and numerous fire protection and fuel management efforts throughout California.

Defensible Space and Vegetation Management Study V
DUDEK
An In-House Team with Experience Working Together on Similar Projects. The team assembled for this project has worked together successfully on fuel reduction, fire planning, and permitting projects in the Southern California region. Our team of foresters and wildfire planners understands the nuances of a vegetation management project.

Dudek has a deep bench of biological and cultural resource specialists that we collaborate with on fire prevention projects to avoid impacts to protected resources. We work together efficiently to meet project goals and timelines.

We are excited for the opportunity to assist the City with this important project and look forward to hearing from you. If you have any questions regarding our qualifications or need any additional information, please feel free to contact Jeremy at 510.227.9567 or [email protected].

Sincerely,
~ ph Monaco
==CEO
Joseph Monaco is a duly constituted official legally authorized to bind Dudek to both its proposal and cost schedule. Dudek has read and will comply with all the terms and conditions of the RFP.

Defensible Space and Vegetation Management Study vi
Project Team and Company Profile
Firm Overview
Dudek was founded in 1980 in Encinitas, California, as a small civil engineering consulting practice working for municipal wastewater agencies and private land developers in San Diego County. The firm steadily grew its civil engineering practice through the 1980s, serving clients throughout Southern California. In 1990, Dudek started an environmental practice in response to expanding state and federal environmental regulations. Primarily through organic growth and limited acquisitions of small firms, Dudek has continued to expand its service offerings outside of California by opening offices in Oregon, Washington, Arizona, Hawai'i, Virginia, Colorado, and Florida.

Dudek assists municipalities on a broad range of projects that improve our communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting interests. We have a long history of providing environmental services to municipalities and know the local environmental resources and agency policies pertaining to resource management, development impact assessment, and mitigation.

Dudek brings extensive experience in wildfire
planning services, as well as foresVurban forest
management, civil engineering, biological and
botanical assessments, regulatory permitting,
stormwater compliance, uncrewed aerial vehicle
(drone) mapping, geographic information system
(GIS) modeling and analysis, and National
Environmental Policy Act (NEPA) compliance. The
Dudek advantage is that we can truly take a
project from conception through construction,
setting us apart from traditional arboricultural and
forestry firms that often lack environmental and
other supporting services, and from smaller
multidisciplinary companies that may not employ
engineers or cultural resources specialists.

WILDFIRE RESILIENCE PLANNING
Dudek provides services that support the complete project life cycle, from conception to completion.

The Dudek wildfire resilience planning team develops high-quality planning documents focused on reducing wildfire risk to communities and resources. Our planning documents are supported by thorough technical analyses of wildfire hazard and potential fire behavior, which support the development and prioritization of risk mitigation strategies. We have completed numerous plans across a variety of vegetation communities and land management jurisdictions. Our knowledge of the regulatory environment results in plans that are effective and implementable. Our wildfire resilience planning professionals prepare the following planning documents:
■ Community Wildfire Protection Plans (CWPPs)
• Vegetation/fuel management plans
• Wildfire hazard and risk assessments
• Wifdland fire management plans
Defensible Space and Vegetation Management Study
■ Forest health and management plans
■ Wildfire hazard and fire behavior modeling
• NEPA documents
1 WILDFIRE HAZARD AND RISK MODELING
Dudek foresters, fire behavior analysts, and
GIS/mapping professionals have extensive
experience conducting wildfire hazard and
risk assessments for a variety of projects,
utilizing GIS-based fire behavior and risk
modeling and mapping tools. We routinely
utilize GIS to analyze spatial datasets,
evaluate resource data, and model potential
wildfire behavior and wildfire hazard
conditions. Our team is knowledgeable and
proficient with wildfire behavior, wildfire
hazard, wildfire risk, and weather modeling
tools and techniques and integrates results
into project planning efforts.

Our fire behavior specialists are proficient and experienced with the following modeling tools:
■ lnteragency Fuel Treatment Decision Support ■ BehavePlus DUDEK
WIidfire Huard
Index
C<ffmtnty 'NII::!~•
P,~,o,,Plln
...... ,, ,r. l.'IDI-
.... ~. ,,.. !-• I
..... _ .. ......_~ ....
l:ILAHCIDPIM .... ,.. .., .. c ...
•c:..n-,-
WNflii•~"--• a v..,Low
DUDEK
System (IFTDSS) ■ Forest Vegetation Simulator (FVS)
■ FlamMap ■ FireFamily Plus
■ First Order Fire Effects Model (FOFEM) ■ Wind Ninja
A Community Wildfire Risk Ranking Map prepared by Dudek for the City of Grass Valley Defensible Space and Vegetation Management Study 2
DUDEK
Key Personnel and Project Organization
Figure 1 outlines proposed lines of communication for this contract, followed by education and qualifications for key personnel in Table 1. Focused resumes are provided in Appendix A.

Figure 1. Dudek Tea m Organization
Fire Protection Specialist
Noah Stamm
Harrison Kohr
Fire Behavior Modeler
Matthew Crockett

MANAGEMENT TEAM
Project Manager
Jeremy Cawn, RPF

TECHNICAL TEAM
GIS Analyst
Alexandria Reed
GIS Specialist
Curtis Battle
Graphics
Joshua Becker
Table 1. Key Personnel Qualifications
Staff, Role, and Years' Experience Education and Certifications Jeremy Cawn, RPF
Project Manager
12 years' experience
Noah Stamm
Fire Protection Specialist
16 years' experience
Northern Arizona University
Professional Certification, Fire Ecology and Hazardous Fuels Management Southern Illinois University
BS, Forestry (Natural Resource Management)
ISA Certified Arborist
Registered Professional Forester (RPF)
NFPA Certified Wildfire Mitigation Specialist
AFE Certified Wildland Fire Manager
California Polytechnic State University, San Luis Obispo BS, Forestry and Natural Resources (Wildland Fire and Fuels Management concentration)
Oxnard College Regional
Firefighter Academy, Firefighter 1
Defensible Space and Vegetation Management Study 3
DUDEK
Table 1. Key Personnel Qualifications
Staff, Role, and Years' Experience Education and Certifications Harrison Kohr California Polytechnic State University
Fire Protection Specialist
2 years' experience
BS, Forestry and Natural Resource Management and Environmental Management and Protection
Matthew Crockett
Fire Behavior Modeler
5 years' experience
Alexandria Reed
GISAnalyst
8 years' experience
Curtis Battle
GIS Specialist
15 years' experience
Joshua Becker
Graphics
24 years' experience
California Polytechnic State University, San Luis Obispo MS, Environmental Sciences and Management
BS, Environmental Management and Protection
University of California, Santa Barbara
Master of Environmental Data Science (MEDS)
BA, Environmental Studies
San Diego State University
MS, GIScience
BA, Geography
Mesa College
AS, Geographic Information Systems Specialist
Cabrillo College
AS, Fire Protection Technology
San Jose State University
Design coursework
Public Agency Clients
The following provides a representative sample of projects completed by Dudek for public agency clients that demonstrate our ability to perform the services outlined in the Request for Proposal.

NEWPORT COAST DRIVE VEGETATION MANAGEMENT PLAN, NEWPORT BEACH, CALIFORNIA Client: City of Newport Beach
Reference: James Gillespie, Fire Marshal; 100 Civic Center Drive, Newport Beach, California 92660; 949.644.3354; [email protected]
Period of Performance: May 2025-0ngoing
Dudek is currently preparing a vegetation management plan (VMP) for the Citymaintained hillside within the Newport Coast community. Dudek fire prevention planners conducted field surveys and collaborated with Newport Coast Fire Department staff to develop a comprehensive description of the fuel conditions within the project area and treatment history. Based on this assessment, Dudek prepared a treatment prescription for the portion of the city-maintained hillsides that is within 100 feet of a structure. This treatment prescription was tailored to vegetation cover present in each section of the treatment area. The treatment prescription also addressed site access for treatment crews, disposal of cut material and an identification of low priority areas where treatment had recently been completed.

Defensible Space and Vegetation Management Study 4
I
DUDEK

OAKLAND VEGETATION MANAGEMENT PLAN, OAKLAND, CALIFORNIA Client: City of Oakland Fire Department
Reference: Michael Hunt, Chief of Staff; 150 Frank H. Ogawa Plaza, Suite 3354, Oakland, California 94612; 510.238.6353; [email protected]
Period of Performance: 2016-2021
Dudek Foresters prepared the draft VMP for the City of Oakland Fire Department. The scope of the VMP covers nearly 2,000 acres of Cityowned land, along with over 300 miles of roadside treatment areas in the City's designated Very High Fire Hazard Severity Zone. The VMP covers a 10-year timeline and vegetation types addressed in the VMP include native and non-native grasslands, coastal scrub, chaparral, and coast live oak woodland, as well as redwood, pine, and eucalyptus forests. A portion of the VMP area was the location of the devastating 1991 Tunnel Fire.

The draft VMP outlines vegetation management techniques and standards to reduce the likelihood of extreme fire behavior and promote public and firefighter safety. The management recommendations included in the draft VMP draw on field data, research, principles of vegetation/fuels management, and the results of GIS-based fire behavior modeling using FlamMap software.

Development of the VMP also involved prioritizing vegetation management areas. Prioritization was based on the potential for extreme fire behavior (flame lengths greater than 8 feet and areas exhibiting crown fire), proximity to houses (wildland-urban interface), ridgelines, roadways, and areas of known historical ignitions, as well as the spatial distribution of City-owned parcels throughout the Plan Area. Dudek also developed cost estimates for vegetation management activities to allow the City to address funding needs for VMP implementation.

SANTA CLARA VALLEY WATER FIRE RISK ASSESSMENT, SANTA CLARA COUNTY, CALIFORNIA Client: Santa Clara Valley Water District
Reference: John Chapman, Integrated Vegetation Manager; 5750 Almaden Expressway, San Jose, California 95118; 408.630.2645; [email protected]
Period of Performance: 2021-2023
Dudek worked with the Santa Clara Valley Water District (SCVWD) to develop a wildfire risk assessment system for its creek reaches and used this system to perform a fire risk assessment on four creek sections where local residents had expressed wildfire concerns to SCVWD staff. Dudek staff also worked with SCVWD staff to prepare a VMP to address fire risk in each of the creek sections.

The comprehensive risk assessment system is intended to be used by SCVWD staff to identify hazardous conditions within SCVWD's creek reaches and to provide vegetation treatment activities to mitigate the impact of wild land fire on its lands. The initial project task involved creating a wildfire risk assessment methodology that could be used by SCVWD for future assessments. Project staff modified the existing risk assessment system used in the Santa Clara County CWPP to provide a more accurate understanding of wildfire risk present in SCVWD's creek reaches. Utilizing the fire risk assessment system, Dudek developed wildfire hazard assessments on four creek sections, which involved field evaluations, site and fire history research, and spatial data analysis. Based on the results of the fire hazard assessment, Dudek worked closely with SCVWD staff to develop vegetation treatment plans for each creek section that would mitigate wildfire risk but not impact protected species or habitats present in the creek sections. Project staff successfully created a VMP for SCVWD, which would simultaneously reduce wildfire risk by reducing dead fuel loads and treat annual vegetation without violating SCVWD's other regulatory obligations.

Defensible Space and Vegetation Management Study 5
DUDEK
INTENTIONALLY LEFT Bu\NK
Defensible Space and Vegetation Management Study 6
Project Approach and Draft Project Schedule
Project Understanding and Approach
Dudek understands that the City of Laguna Niguel manages more than 3,600 acres of open space and that California Department of Forestry and Fire Protection (CAL FIRE) has designated a portion of this open space as a Fire Hazard Severity. Where these open spaces have been classified as a Very High Fire Hazard Severity Zone and lie within 100 feet of a structure, the City has the responsibility to maintain the vegetation to reduce the risk that a wildfire results in extreme fire behavior and ignites a nearby structure.

Dudek understands that the City has an ongoing weed abatement program that maintains the vegetation to Orange County Fire Authority (OCFA) defensible space requirements on 44 acres of open space lands in the Very High Fire Hazard Severity Zone. We also understand that as part of a proactive program to mitigate wildfire risks in its open spaces, the City is seeking to work with an experienced wildfire consultant to evaluate the vegetation in its open spaces and the existing vegetation management program, and provide our recommendations for future vegetation management, including any refinements beyond OCFA requirements.

Our scope of work for the project is outlined below.

Scope of Work
Task 1: Project Management and Project Meetings
Dudek's project manager, Jeremy Cawn, will serve as the main point of contact for the entirety of the project duration. Jeremy would initiate project activities with a meeting between Dudek's project team and members of the City staff who are familiar with the weed abatement program. The kickoff meeting will be an opportunity to introduce key project team members from Dudek and the City, establish lines of communication, discuss the project tasks and timeline in more detail, and establish a communication protocol. Dudek proposes hosting a virtual meeting for the kickoff meeting, anticipating it will last no more than 1 hour. Dudek will prepare an agenda for the meeting and provide the City with meeting notes if requested.

Post-kickoff meeting, Jeremy will prepare an email with Dudek's data requests, including relevant GIS files from the City. A separate email will be sent to City staff members responsible for the weed abatement program and open space management to discuss the current vegetation management program in detail and learn about any constraints to vegetation management that the City has encountered.

Dudek proposes to establish a recurring check-in meeting to brief City staff on the project status throughout the project. We will work with the City to establish a preferred day and time for the check meetings. These meetings are anticipated to be short, less than 30 minutes in length, and have the intent to provide the City with a brief summary of project status.

Deliverables:
• Agenda for the kickoff meeting
• Data requests
Defensible Space and Vegetation Management Study 7
DUDEK
Assumptions:
• Dudek will host one virtual kickoff meeting with City staff. • Recurring meetings will be conducted virtually or by phone call.

Task 2: Vegetation Management Analysis of City-Owned Open Spaces Dudek's project team will analyze the wildfire environment in City-owned open spaces and the City's current vegetation management program's ability to meet OCFA requirements and address the wildfire risks to the surrounding communities.

Task 2.1: Preparation of the Methodology for the Analysis of City-Owned Open Spaces Dudek proposes to perform a detailed analysis of the City's open space vegetation and vegetation management program with a focus on wildfire risk and OCFA defensible space requirements. We will begin with the development of a methodology for assessing the open space areas that is able to provide a site-specific approach.

Our methodology will consist of three categories that can be applied to each analyzed open space area:
• A method for evaluating wildfire risk on the open space property. This will include the review of City datasets, publicly available data, fire behavior modeling, and field studies. • A method for evaluating the current weed abatement program, which will include a cost-benefit analysis of additional weed abatement activities.
• A method for determining the appropriate level of CEQA review for additional weed abatement activities.

Our methodology will also include our process for reviewing all City-owned open spaces and identifying those parcels or portions of parcels that are relevant to the vegetation management program due to a combination of wildfire risk and proximity to structures.

Dudek will provide the draft version of our vegetation management program analysis methodology to the City in an electronic format as an editable Word document that will include any relevant exhibits or tables. After the City staff has reviewed the draft methodology, Dudek will incorporate City staff comments and revisions to the methodology and prepare the final methodology.

With City's approval of Dudek's methodology, we would begin the analysis of the vegetation management program in City-owned open spaces.

Task 2.2 : Open Space Analysis-Preliminary Review
Dudek will begin our analysis of the City's open space and vegetation management program by conducting an overview of all City-owned open spaces. This overview will include a survey of aerial images and parcel maps of open space areas, fire hazard severity zone maps, and the creation of a GIS layer that draws a buffer layer around adjacent structures. The intent of Task 2.2 is to identify the portions of the City-owned open spaces that are relevant to the vegetation management program because there is the potential for a wildfire to actively burn near a structure. Prior to continuing, Dudek's project team will confirm with the City that these areas are an acceptable focus for our in-depth analysis.

Task 2.3 : Open Space Analysis-Wildfire Risk
Our analysis of the wildfire risk will begin with the review of the datasets relevant to wildfire risk. This will include datasets from the City: vegetation management treatment area boundaries and City-owned open space boundaries. These datasets will be complemented with publicly available datasets, including fire history, Defensible Space and Vegetation Management Study 8
DUDEK
vegetation cover maps, weather and climate data, fire hazard severity zone maps/Wild land-Urban Interface Maps, and current OCFA defensible space requirements. Using these datasets, Dudek will assess wildfire risk factors for each analyzed open space area, such as distance to structures, accessibility from a public street, predominant fuel type (vegetation cover), and fire frequency. Concurrently, Dudek will incorporate the fire hazard modeling tools embedded in the GIS-based lnteragency Fuel Treatment Decision Support System (IFTDSS) application to model wildfire hazard for the open spaces. The output of this review and fire behavior modeling is to determine the anticipated wildfire behavior in each analyzed open space area and wildfire risk to adjacent development. This assessment of risk will be utilized in the next task, the analysis of the current vegetation management program.

Task 2.4 : Open Space Analysis-Current Vegetation Management Program Dudek fire prevention planners will use the analysis of the wildfire risk completed in Task 2.2, combined with data obtained from the City regarding the current vegetation management program, to analyze the effectiveness of the current vegetation management practices and treated open space area. This will include current vegetation management planning documents and records of previously completed vegetation treatments. Our analysis will consist of two parts, with the first being an analysis to determine the effectiveness of current vegetation management practices. We propose to do this through a comparison of the anticipated fire behavior, including anticipated flame lengths and fireline intensity, to the size and coverage of the current treatment areas and the capacity of the current treatment practices to reduce fuel height and volume. Second, we will conduct a costbenefit analysis to determine if additional vegetation management treatments are necessary and recommended.

We propose to do this by using the cost-benefit analysis tool developed by Federal Emergency Management Agency (FEMA) for hazard mitigation projects (FEMA Benefit-Cost Analysis [BCA] 6.0). We will use the information obtained from the City regarding the current vegetation management program as inputs with publicly available datasets to run a cost analysis of the current vegetation management program and an expanded vegetation management program.

Task 2.5: Open Space Analysis-CEQA Approach
A Dudek CEQA planner specializing in environmental review for vegetation and fuels management would review the current vegetation management program and the recommendations made by the project fire prevention planners for expanding the vegetation management program. This review will include existing CEQA documents or technical studies in support of a CEQA document for approved projects on City-owned open space lands. The CEQA planner will then determine the appropriate level of CEQA review. The appropriate level of CEQA review would be determined based on the extent and intensity of vegetation management as well as constraints to vegetation management activities, including known protected resources, geologic hazards, and permitting requirements. We would consider CEQA streamlining options, such as exemptions available for vegetation/fuels management projects.

We propose to conduct field surveys of City-owned open spaces to evaluate existing conditions and recently completed vegetation management work, and confirm the results of our wildfire risk analysis. Dudek will coordinate the field surveys with City staff.

Deliverables:
■ Draft and final vegetation management program methodology Assumptions:
■ Dudek will analyze City-owried open space areas in Very High Fire Hazard Severity Zones and within 100 feet of a structure, facility, or public street.

Defensible Space and Vegetation Management Study 9
DUDEK
■ Dudek will provide a list of data needs from the City at the beginning of Task 2 or as soon as the City approves our methodology.
■ Dudek will conduct 1 to 2 days of field surveys of the City-owned open spaces.

Task 3: Defensible Space and Vegetation Management Report Task 3.1: Preparation of the Defensible Space and Vegetation Management Report Dudek will prepare a report that compiles the results of our analysis of the vegetation management program in City-owned open spaces. The report will be a comprehensive description of the analysis Dudek performed and will include the following sections:
• An introduction describing the intent and scope of the report. • A description of the City-owned open spaces, including predominant vegetation cover, terrain, weather as it relates to wildfire risk, fire history, access, and values at risk. • A description of current vegetation management program, including a summary of the OCFA requirements • The approved methodology used for Dudek's analysis.
• An analysis of the wildfire risk and anticipated fire behavior in City-owned open spaces near development. • The results of the cost-benefit analysis of the current vegetation management program and a proposed expansion of the program.
■ A description of the appropriate level of CEQA for the current and proposed expansion of the vegetation management program, including pathways for streamlining CEQA review. • A summary of the recommendations for the vegetation management program, including changes to treatment area size, frequency, and intensity. This section will include tables that detail the priority, estimated treatment costs, and appropriate level of CEQA review for each treatment area or open space.

Our report will include exhibits, figures, maps, and photographs as necessary to illustrate our findings or recommendations. The report will be prepared and delivered to the City in an electronic format with the draft versions of the report being in an editable format, such as a Microsoft Word document. The final report will incorporate the exhibits, figures, maps, and photographs, and will be in a PDF format.

Concurrently with the preparation of the report, Dudek will prepare a GIS-based tool that allows the City to determine which parcels are a priority to treat for future vegetation management activities. We propose to create an interactive map layer in ArcGIS Online that combines the results of our wildfire risk analysis, including flame length and fireline intensity, as well as the distance from the open space boundaries to the nearest structure. This layer will provide a score assigned to each open space parcel, with the higher-scoring parcels being those more likely to sustain extreme fire behavior and those in close proximity to structures. The scoring of each parcel in the GIS layer will be assigned a specific color or pattern so City staff can readily identify priority parcels. This GIS tool will be submitted to the City for incorporation into the City's GIS system.

Dudek will submit the draft report and the GIS tool to City staff for review. We anticipate two cycles of review and revisions for the draft report. For each cycle, Dudek will submit the draft report to the City for comments, then take comments or revisions and update the report accordingly. After the two cycles were complete, Dudek will prepare the final report, which will incorporate all of the exhibits, figures, maps, and photographs, and deliver this report to the City electronically. The GIS-based tool will delivered to the City at the same time, with the City given ownership of the tool on ArcGIS Online.

Defensible Space and Vegetation Management Study 10
DUDEK
Deliverables:
• Draft and final Defensible Space and Vegetation Management Report • GIS-based tool for prioritizing work on open spaces
Assumptions:
• Treatment costs will be based on City records of cost to treat open space areas. • No more than two cycles of draft report review and revision will be provided by the City.

Task 3.2: Public Meetings
As requested by the City, a Dudek fire prevention planner will be available to present the findings of the final Defensible Space and Vegetation Management Report. In preparation for the meetings, we will prepare a short presentation that summarizes the contents of the report and can be displayed during a presentation at a City meeting. We would provide a copy of this presentation to City staff prior to the meeting for review and incorporation into a meeting slide deck.

A Dudek project team member will be available to attend either in person or as a virtual attendee. For this proposal, we are assuming we would present at up to two meetings virtually.

Deliverables:
• Defensible Space and Vegetation Management Report presentation • Attendance at City meetings to summarize the contents of the report Assumptions:
• Treatment costs will be based on City records of cost to treat open space areas. • Attendance will be provided at no more than two meetings. • A Dudek team member will attend the meeting virtually.

Project Schedule
Table 2 outlines the Dudek team's estimated schedule.

Table 2. Project Schedule
Task Estimated Task Timeframe
Task 1: Project Management and Project Meetings
Task 1.1 Project Management and Project Meetings j October 1, 2025-June 1, 2026 Task 2: Vegetation Management Analysis of City-Owned Open Spaces Task 2.1 Preparation of the Methodology for the Analysis of October 15-November 15, 2025 City-Owned Open Spaces
Task 2.2 Open Space Analysis-Preliminary Review
Task 2.3 Open Space Analysis-Wildfire Risk
Task 2.4 Open Space Analysis-Current Vegetation
Management Program
Task 2.5 Open Space Analysis-CEQA Approach
Defensible Space and Vegetation Management Study
November 15-December 5, 205
November 15, 2025-January 31, 2026
January 31-March 1, 2026
January 31-March 1, 2026
11 Table 2. Project Schedule
Task
Task 3.1 Preparation of the Defensible Space and
Vegetation Management Report
Task 3.2 Public Meetings
Defensible Space and Vegetation Management Study
DUDEK
Estimated Task Timeframe
March 1-April 30, 2026
April 30--June 1, 2026
12 Task2

2.1 2.2

2.3 2.4

2.5 Task3

3.1 City of Laguna Niguel
P202502712 (Defensible Space & Vegetation Mgmt Study)

DUDEK FEE ESTIMATE
08/20/2025
Project Team Role: Specialist IV
Team Member: Jeremy Cawn
Billable Rate: $195
Project Management and Project Meetings ,
Vegetation Management Analysis of City-Owned Open Spaces Preparation of the Methodology for the Analysi! 20
Open Space Analysis-Preliminary Review 6
Open Space Analysis-Wildfire Risk 28
Open Space Analysis-Current Vegetation Man 18
Open Space Analysis-CEQA Approach 12
Subtotal Task 2 84
Defensible Space and Vegetation Management Report
Preparation of the Defensible Space and Vege 40
Specialist IV Analyst Ill
Noah Stamm Harrison Kohr
$195 $135
6 4
2 12
6 12
18 24
4 10
P202502712 (Defensible Space Vegetation Mgmt Study)
DUDEK
Dudek Labor Hours and Rates
Publications
GIS Analyst IV AnalystV GIS Analyst V Specialist I Specialist Ill Specialist IV Christopher Publications TOTAL Curtis Battle Matthew Crockett Starbird Alexandria Reed Specialist Ill Dana Link-Herrera DUDEK DUDEK LABOR OTHER DIRECT $200 $155 $220 $165 $125 $195 HOURS COSTS COSTS TOTAL FEE 12 38 $6,930 $6,930
4 4 18 $3,370 $3,370
16 58 $9,950 $84 $10,034
4 8 8 56 $9,660 $9,660
12 24 $4,680 $4,680
8 40 8 12 194 $34,590 $84 $34,674
18 32 18 8 8 6 144 $25,940 $25,940
- - . - TotalHours - 144 - :- - 24 ---- - 34 --- -. - 26- ~-- 74 20 : - - 1 6 : - 8 - :· 20 • 366 --- - • - --: - - 1 . _ Total $28,080 $4,680 $4,590 $5,200 $11 ,470 $4,400 _ $2,640 $1 ,000 1 $3,900 , $65,960 $84 • $66,044 Percent of Hours (Base) 39% 7% 9% 7% 20% 5% 4% 2% 5%
Percent of Hours (Optional + Base) 38% 8% 12% 6% 18% 6% 4% 2% 5% 13 DUDEK
INTENTIONALLY LEFf BLANK
Defensible Space and Vegetation Management Study 14
Other Information
Dudek's fire prevention planners have worked with cities, counties, fire agencies, and developers on more than 600 fire prevention projects performing services including:
• Regional Priority Plans
• Wildfire Hazard and Risk Modeling
• Fire Behavior Modeling
• Evacuation Plans
• Vegetation/ Fuel Management Plans
• Wildland Fire Management Plans
• Forest Health Plans
• CEQA and NEPA Documents
We've helped 15 cities and counties in California prepare or update their Community Wildfire Preparedness Plans.

We understand wildfire in Southern California, the risk it poses to the communities in the Wildland Urban Interface, and how to help communities reduce their exposure to wildfire.

Defensible Space and Vegetation Management Study 15
DUDEK

INTENTIONALLY LEFT BLANK
Defensible Space and Vegetation Management Study 16

Jeremy Cawn, RPF

PROJECT MANAGER
Jeremy Cawn (JAIR-eh-mee KAWN; he/him) is a wildfire mitigation specialist with 9 years' experience as a wildfire risk assessor, fire prevention planner, and hazardous vegetation management program manager. Mr. Cawn's wildfire mitigation experience includes wildfire risk assessments, fire protection planning, utility wildfire mitigation, fire hardening assessments, and vegetation management plans. Mr. Cawn previously worked as a fire prevention inspector for the Glendale Fire Department and as an arborist and forester for New York City, the City of Claremont, and the City of Glendale. Prior to his work experience in urban forestry and vegetation management, Mr. Cawn spent 11 years working as a wildland fire fighter and a prescribed fire specialist Project Experience
Newport Coast Drive Vegetation Management Plan, City of Newport Beach, California. Developed a vegetation management plan (VMP) for citymaintained hillsides around the Newport Coast community. Development of the VMP included a field assessment of the on-site vegetation conditions and access for treatment activities. The VMP included vegetation and site specific treatment prescriptions for the hillsides near structures throughout the entire community. (2025)
Belmont Hazardous Fuel Reduction Project, El Dorado Hills, California . .

Prepared a treatment prescription and CEQA documents for a fuel reduction project in two open space areas within the city of Belmont. Preparation of the plan included an assessment of the vegetation, terrain, and access within the open space, as well as the vulnerability of surrounding structures. CEQA review included biological and cultural resource assessments. A treatment prescription was prepared with a specific treatment recommendations made based on the vegetation and proximity to homes or roads, and strategies for avoiding protected resources. In addition, the project included the preparation of the CEQA documentation for a Notice of Exemption. (2024) Loma Chiquita Escape Route Fuel Reduction Project, Santa Clara County Fire Safe Council, Santa Clara County, California. Assessed hazardous fuel conditions and evacuation routes at risk of a wildfire along two primary evacuation roads (Loma Chiquita and Mount Chual Spur) in Santa Clara County for a proposed roadside fuel break project. Based on the assessment, prepared a CAL FIRE environmental review response form (ERRF) for an exempt project that included biological and cultural resource assessments as well a recommendations for the fuel treatment and disposal standards. (2024) Education
Northern Arizona
University
Professional Certification,
Fire Ecology and
Hazardous Fuels
Management, 2013
Southern Illinois
University
BS, Forestry (Natural
Resource Management),
2001
Certifications
/SA Certified Arborist,
Municipal Specialist No.

NY-5876AM
/SA Tree Risk Assessment
Qualification
Registered Professional
Forester (RPF), No. 3007
NFPA Certified Wildfire
Mitigation Specialist
AFE Certified Wild/and
Fire Manager
Professional Affiliations
SoCa/ Fire Prevention
Officers Association
International Society of
Arboriculture
Association of Fire
Ecologists
DUDEK
Relevant Previous Experience
Glendale Fire Department, Glendale, California. Served as a fire prevention inspector. Administered the Department's Vegetation Management Program performing all of the public outreach, private and public property inspections, enforcement, and abatement contract management. Re-worked the entire program, transitioning it from a Company-led program to a Prevention-led program. Implemented a new digital inspection software and notification service. Updated the Fire Department's operational guide for the Vegetation Management Program.

Provided technical expertise and guidance for the update of the City's Hazardous Vegetation Ordinance during the 2019-2020 Building and Safety code cycle. (2018-2021)
Glendale Public Works Department, Glendale, California. Served as the arborist technician with the primary responsibility of administering the City's Indigenous Tree Ordinance. Performed inspections for tree work permits, investigated and enforcement ordinance violations, and reviewed new construction plans for properties with protected tree species and recommended mitigation strategies. Fulfilled duties of the City's Urban Forester while that position was vacant, including the review of capital improvement projects, drafting street tree planting plans for specific neighborhoods, and updating sections of the City's Urban Forest Management Plan. (2015-2017) Community Services Department, Claremont, California. Served as the City arborist. As the sole City forestry expert employed by the City, managed most of the day-to-day operations for the City's urban forest, including responding to service requests from the public, managing the City's tree service contract by creating work orders, scheduling routine work zones, and establishing best work practices; performed disease and pest surveys; and planned street tree planting programs. Assisted in the creation of the City's Street Tree Watering program during the 2012-2016 drought. (2015-2017)
Presentations
"Tree Inventory Best Management Practices," Western Chapter of the International Society of Arboriculture, Colma, California, January 2025
uPreparing Effective Evacuation Studies for CEQA Review." Northern California Association of Environmental Planners, Anderson, California, October 2024.
"The Vegetation Management Program." Glendale Fire Department, Glendale, California, April 2021. "Wildfire Prevention and Vegetation Management." The American Institute of Architects, Eagle Rock, California, April 2020.
2 Noah Stamm

FIRE PROTECTION SPECIALIST
Noah Stamm is an urban forestry analyst with 16 years' experience in fire prevention, wildland fire and fuels management, wildland-urban interface (WUI) fire protection, urban forestry consulting, make-ready engineering, and geographic information system (GIS). Noah has participated in numerous projects throughout California dealing primarily with fuel hazard reduction in the WUI communities. He also has experience with consulting utility forestry, impact analysis studies, tree hazard evaluations, and on-site tree monitoring and protection. These projects include assessments and inspections of hazardous fuel reduction modifications to communities within the WUI, inventory of oak woodlands, monitoring of native oaks and other trees on development sites, GPS mapping, data analysis, and preparation of assessment preservation plans. In addition, he routinely used GIS, including MicroStation, Pole Foreman, ArcMap, and ArcGIS to perform make-ready engineering to utility poles.

Project Experience
Resource Management
Rancho Santa Fe Covenant Forest Analysis, Rancho Santa Fe Association, San Diego County, California. Wrote Notices of Violation for non-compliant properties in accordance with Public Resources Code 4291 and Rancho Santa Fe Fire Protection District International Code Council-Wildland Urban Interface Code, 2008 Edition. Provided daily and weekly home/community inspections and reinspections of hazardous fuel reduction modifications for those who do not comply with department codes and regulations. Created a Homeowners Education
California Polytechnic
State University,
San Luis Obispo
BS, Forestry and Natural
Resources (Wild/and Fire
and Fuels Management
concentration), 2009
Certifications
Oxnard College Regional
Firefighter Academy,
Firefighter 1
Professional Affiliations
International Society of
Arboriculture
Firescape Landscape Guide. Reviewed, commented on, and inspected landscape plans and fuel modifications.

Hollywood Terrace Monitoring Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester for Universal Studios monitoring project. Protected California live oaks (Quercus agrifo/ia) near various project sites on the studio's back lot. Tasks included inspecting overall health of trees, including looking for new growth from previous rains and inspecting the root or trunk damage.

Starway Expansion Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester and inspected the protected California live oaks near the construction job site. Tasks included inspecting overall health of trees, making sure fencing surrounded the tree protection zone, and providing clients with tree protection measures and recommendations.

Area 71 Oak Tree Support Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester and monitored the protected California live oaks near the Area 71 job site, which is located on the back lot of Universal Studios. Inspected overall health of trees, including looking for new growth from previous rains and inspecting the root or trunk damage.

DUDEK
Universal Drive and Fung Lum Oak Monitoring Project, Universal City Studios LLC, Los Angeles, California. Served as urban forester. Monitored the protected California live oaks near the old Fung Lum job site along Universal Drive outside of Universal Studios. Tasks included inspecting overall health of trees, including looking for new growth from previous rains and inspecting the root or trunk damage.

Eucalyptus Internal Decay Evaluations, Irvine Community Development Company, California. Served as urban forester. Performed inventory and inspection for internal rot and decay of the eucalyptus trees throughout the Orchard Hill developments. Tasks included the use of Resistograph to determine the health of the eucalyptus trees by drilling into the trees' trunks 3, 6, and 9 inches from the ground, looking for cavities and rot.

WUI Site Inspections, City of Newport Beach Fire Department, California. Served as urban forester and performed site visits and inspections of vegetation within 100 feet of homes located within the WUI. If vegetation that is found to be highly flammable or on the list of non-compliance, recommendations were made to remove such vegetation.

Relevant Previous Experience
Consumer's Energy Make-Ready Engineering, Michigan. Served as a make-ready engineer. Analyzed power/utility poles in their current state, making sure the poles were not overloaded with the current equipment. Performed make-ready engineering using MicroStation and ArcMap to allow new applicant to attach their fiber optic cable to the pole without adding stress to the pole.

Specialized Training
• GIS (ArcMap, MicroStation, and ArcGIS)
■ Basic Wild land Firefighter Training (S130/S190)
2 Harrison Kohr

FIRE PROTECTION SPECIALIST
Harrison Kohr (HAIR-eh-sun KOR; he/him) is a fire protection planner with 2 years' professional experience in coastal habitat restoration. Harrison specializes in forestry, natural resource management, and prescribed fire application. He has spent a significant time in the field and studying how fire can move across landscapes. Harrison's current roles include assisting in fire hazard assessments, engaging in wild land-urban interface planning efforts, conducting spatial analysis to evaluate risks, and interpreting fire protection regulations, codes, and ordinances.

Relevant Previous Experience
Education
California Polytechnic
State University
BS, Forestry and Natural
Resource Management
and Environmental
Management and
Protection
Forest Management Field Work, State of California. Served as a forestry aide for the State of California. Projects primarily consisted of forest management field work, including fuels reduction and prescribed burning treatments, as well as coastal habitat restoration projects. These projects are ongoing and require consistent fieldwork inputs.

Matthew Crockett

FIRE BEHAVIOR MODELER
Matthew Crockett is a wildfire planning analyst with 5 years' cumulative experience in the natural resources management field, with expertise in forest science and community wildfire planning. Matthew's relevant work experience includes authoring community wildfire protection plans (CWPPs) and Fire Protection Plans (FPPs), conducting private forestry work, and advocating for environmental policy at the State Capitol. His technical skills include geographic information system (GIS) analysis, fire behavior modeling, post-fire risk assessment, and carbon accounting. Matthew previously worked for the San Luis Obispo Fire Safe Council as a project manager for community wildfire risk reduction projects.

Dudek Project Experience
Los Angeles County Integrated Wildfire Safety Program, County of Los Angeles Department of Regional Planning, Los Angeles, California.

Served as a supporting analyst and identified communities and critical infrastructure at risk from wildfire throughout Los Angeles County based on integrated wildfire hazard modelling.

Whitewood Condo/ Apartment FPP, Melissa Krause, Murietta, California. Served as a supporting analyst and prepared the FPP for a residential development project. The FPP identified wildfire risk and identified fire protection measures that addressed structural hardening and fuels modification.

Relevant Previous Experience
City of Pismo Beach CWPP, City of Pismo Beach Fire Department and California Department of Forestry and Fire Protection (CAL FIRE), Pismo Education
California Polytechnic
State University
San Luis Obispo
MS, Environmental
Sciences and
Management, 2022
California Polytechnic
State University
San Luis Obispo
BS, Environmental
Management and
Protection, 2022
Professional Affiliations
Association of
Environmental
Professionals (AEP)
Society of American
Foresters (SAF)
Beach, California. Lead author of a CWPP on behalf of the City of Pismo Beach Fire Department. The project involved conducting wildfire behavior modelling to identify assets at risk. Biophysical and sociopolitical mitigation measures were recommended to reduce risks to communities and other assets.

Avila Beach CWPP, City of Pismo Beach Fire Department and CAL FIRE, Pismo Beach, California. Co-author of a CWPP on behalf of the City of Pismo Beach Fire Department. Emphasized identifying ways to improve emergency evacuations from the Avila Beach area.

Project Manager, San Luis Obispo County Fire Safe Council, San Luis Obispo, California. Collaborated directly with community members and fire agencies to identify assets at risk from wildfire and priority mitigation practices to improve wildfire resilience in San Luis Obispo County.

DUDEK
Greenhouse Gas Emissions Analyst, CAL FIRE, San Luis Obispo, California. Quantified how state-sponsored fuels reduction projects impact greenhouse gas emissions and carbon sequestration utilizing tools such as Forest Vegetation Simulator (FVS), FlamMap, and IFTDSS.

Forestry Technician, Sierra Pacific Industries, Camino, California. Conducted field work, including timber harvest layout, wildlife surveys, and forest inventory. Other roles included assisting with Timber Harvest Plan documentation and performing fire suppression activities during the Caldor Fire.

Pu blications
Crockett, M. 2022. "Post-Fire Erosion Following the CZU Lightning Complex Fire: Quantifying Hillslope Erosion and Providing Guidance Towards Improving Post-Fire Response." Graduate Project; California Polytechnic State University, San Luis Obispo.

Awards
Dave A. Bichsel Memorial Scholarship, California Forestry Association and California Forest Foundation, 2020.

Awarded for demonstrating a zest for forestry and desire and experience relating to active forest management.

Sierra Pacific Industries Intern Scholarship, Sierra Pacific Industries, 2021. Awarded in response to Matthew's performance as an intern and academic credentials.

San Luis Obispo County Fire Safe Council Scholarship, San Luis Obispo Fire Safe Council, 2022. Awarded to acknowledge previous work and a future desire to continue working in the wildfire planning sector. 2 Alexandria Reed

GISANALYST
Alexandria Reed (she/her) is a data scientist with 8 years' professional experience as an environmental consultant specializing in data-driven environmental analysis, data visualizations, compliance, and project management. Alexandria is adept at utilizing statistical analysis, geospatial tools, and machine learning techniques to inform decision makers and address complex environmental challenges. Her expertise extends to utilizing R and geographic information system (GIS) software for spatial data analysis, enabling the calculation of tree canopy cover and the creation of customized map layers for tree inventory systems. Furthermore, Alexandria plays a pivotal role in offering technical data support for a wide range of projects, including those related to urban forestry, wildlife distribution, water quality, and preliminary environmental analysis reports.

Dudek Project Experience
Urban Forest Management
Urban Forest Management Plan, County of Los Angeles, California. Currently assisting with the data-driven development of the Urban Forest Management Plan for the County of Los Angeles. Conducting a comprehensive canopy cover analysis and creating data visualizations for land cover classification and canopy cover. Will provide specific canopy coverage goals for different areas of the county. Assisting with the creation of an interactive website to engage with the data.

Urban Forest Management Plan, City of Bell, California. Performed a canopy cover analysis using lidar data and produced visualizations and statistics metrics to provide insightful information to inform canopy cover goals and future planting efforts.

Education
University of California,
Santa Barbara (UCSB)
Master of Environmental
Data Science (MEDS),
2023
BS, Environmental
Studies, 2017
Certifications
OSHA 40-Hour

HAZWOPER
OSHA 10 Construction
Rule 403 South Coast Air
Basin Fugitive Dust
Control Training
Professional Affiliations
California Association of
Environmental
Professionals (AEP)
R-Ladies Santa Barbara
Urban Forest Plan, City of Alameda, California. Conducted a canopy cover analysis for a portion of the City.

Completed an in-depth groundwater analysis providing information about species that are not suitable for future sea level and groundwater rise.

Pasadena Tree Maintenance, City of Pasadena, California. Provided an analysis of all public tree maintenance records, resulting in the creation of a comprehensive and dynamic database along with interactive maps.

Developed multipoint and polyline features to precisely identify and optimize maintenance schedules for trees Citywide.

DUDEK
Biology
Wildlife Movement Study, California Department of Water Resources, San Joaquin, California. Assessed the cumulative impacts of water resource infrastructure on wildlife movement and habitat connectivity. Utilized integrated distribution models for selected species and created a predicted intensity surface, which represents the likelihood that species would be present in a given location.

Relevant Previous Experience
Informing Forest Conservation Regulations in Paraguay, National Forestry Institute of Paraguay, Paraguay.

Assessed land use plan compliance and deforestation rates in the Chaco region using geospatial overlays in R.

Constructed a simulation tool in R to estimate protected forest area under current and alternate laws.

Implemented a Random Forest machine learning model and Google Earth Engine workflow in Python for data acquisition and preprocessing, ultimately predicting future deforestation patterns. Developed an interactive Shiny dashboard to help interested parties visualize results, guiding informed decisions on forest conservation and land use policies.

Comprehensive Human Health Risk Assessment, Monterey Park, California. Evaluated subsurface soil vapor and ambient air conditions to determine if a potential health risk exists and determined if a causal relationship existed between contaminants identified near a landfill and soil vapor samples near the community adjoining the landfill.

Collected soil vapor and ambient air samples from select locations within the landfill, monitoring wells in the vicinity of the landfill, and select residential properties within the community. Created an interactive Shiny dashboard with maps and plots to examine the results.

SARS-COV-2 Wastewater Surveillance, Los Angeles, California. Oversaw SARS-COV-2 wastewater surveillance for a public university. Successfully identified the presence of COVID in wastewater and implemented measures to reduce the risk of outbreaks on campus.

Dust Emission Monitoring, KPRS Construction Services Inc., Jurupa Valley, California. Oversaw the installation and maintenance of field monitoring equipment and managed daily operations relating to dust monitoring in leadimpacted soil during the redevelopment of a former cement plant. Compiled, wrangled, analyzed, and prepared reports of wind and dust data for weekly submissions to regulatory bodies, including the South Coast Air Quality Management District and the Department of Toxic Substances Control. Mitigated compliance issues and reduced particulate emissions to safeguard community health.
2 Curtis Battle

GIS SPECIALIST
Curtis Battle is a geographic information systems (GIS) technician with 15 years' experience in a wide variety of GIS platforms and techniques. Curtis has expertise in ArcMap, ArcCatalog, and ArcPad; Trimble, Spectra, and Garmin GPS platforms; geodatabase construction and maintenance; quantitative geographic methods; cartography; species distribution modeling; remote sensing fundamentals and methods; Python programming; and cartography. He has provided GIS support for numerous environmental impact reports (EIRs); technical studies, including biological technical reports, vegetation mapping, and wildlife surveys; mitigated negative declarations; preliminary environmental analysis reports; initial studies; and mitigation monitoring and reporting programs.

Project Experience
Resource Management
Urban Forestry Management Plan, City of Temecula, California. Served as the principal GIS analyst responsible for Citywide tree canopy and land cover classification mapping. Duties included employing semi-automated and machine learning image classification techniques to analyze remotely sensed imagery and lidar. Provided additional GIS analysis and cartographic support.

Education
San Diego State
University
MS, GIScience, 2016
BA, Geography, 2008
Mesa College
AS, Geographic
Information Systems
Specialist, 2011
Professional Affiliations
Golden Key Honor Society
San Bernardino County Regional Conservation Investment Strategy, San Bernardino County, California. Served as principal GIS analyst for the San Bernardino County Regional Conservation Investment Strategy developed for the County of San Bernardino, San Bernardino County Transportation Authority, and Southern California Association of Governments. Responsible for developing GIS datasets in support of the conservation lands inventory, identifying focal species, conducting a gap conservation analysis, developing conservation goals and objectives, and identifying conservation actions and priorities in the 3.5-million-acre Regional Conservation Investment Strategy area.

San Joaquin Marsh Aerial Analysis. Served as principal GIS analyst responsible for using remotely sensed imagery to quantify changes in land cover and vegetation type and health over the 15-year period from 2006 to 2020.

San Timoteo Creek Habitat Monitoring Program, Yucaipa Valley Water District, Riverside and San Bernardino Counties, California. Served as principal GIS analyst using satellite and aerial imagery to remotely monitor and measure long-term changes to riparian habitat, portions of which are occupied by the state- and federally listed endangered least Bell's vireo (Vireo be/Iii pusillus), within San Timoteo Creek associated with expansion of the Yucaipa Valley Water District's non-potable water distribution system between the years 2012 and 2020.

TerraCount Assessment for San Diego County, San Diego County, California. GIS lead for the San Diego Association of Governments carbon storage and sequestration assessment for San Diego County using the California Department of Conservation's TerraCount tool. Responsible for developing GIS datasets, including all tool inputs, custom multiyear Countywide land cover mapping, and future land use projections. The analysis will estimate the carbon inventory for the 1 DUDEK
natural and working lands of San Diego County to estimate the current carbon storage and forecasted trends to 2050 and report out the effects of management activities and co-benefits in the region.

San Jacinto National Wildlife Refuge Land Management Plan EIR, California Department of Fish and Wildlife, San Jacinto, California. Served as principal GIS analyst for development of a Land Management Plan and EIR for one of the largest public land holdings in the Inland Desert region of Southern California and a highly used recreational resource. Duties included creation of spatial data, data quality assurance/quality control, calculation of impacts, and creation of report graphics.

Development
Newhall Ranch, Newhall Land and Farming Company, Santa Clarita, California. Served as GIS support for biological technical report and EIR phase of development. This included creating wildlife monitoring data and report graphics.

Southern Subregion Habitat Reserve Vegetation Map Update, Rancho Mission Viejo Land Trust, Orange County, California. Served as GIS analyst supporting Rancho Mission Viejo's 2017 vegetation map update for the Initial Management Action Plan. The project involved collection of high-resolution satellite imagery and lidar to derive raster products characterizing the structure of vegetation, and to evaluate vegetation change within the Habitat Reserve over the period since 2012. The satellite and lidar change detection products helped biologists quantify on-site vegetation changes, assess the accuracy of boundary mapping between vegetation communities, and update the vegetation classification system used in the 2012 mapping.

Energy
Confidential Solar Project, Sacramento Valley, California. Served as principal GIS analyst supporting development of a solar facility in Sacramento Valley, California. Duties included GIS support for environmental constraints analyses, permitting, aquatic resource review, and species-specific biological resource studies. Built and maintained mobile web application to support field data collection for protocol-level biological and aquatic resources surveys. Utilized diverse collection of GIS datasets to model potential aquatic resource locations and biological and aquatic resource density.

Municipal
County of San Bernardino General Plan, County of San Bernardino, California. Served as principal GIS analyst on team preparing the Countywide Plan and Program EIR for the County of San Bernardino. Tasks included a comprehensive inventory of the County of San Bernardino's biological resources. This involved creation and cataloging of Countywide vegetation, wildlife, and hydrological data.

Municipal Waterways Maintenance Plan, City of San Diego. Served as principal GIS analyst for a large-scale stormwater facility maintenance plan to be used as the environmental permitting document maintaining over 150 flood control facilities throughout the City of San Diego from 2018 to 2023. Responsible for vegetation mapping, analyzing impacts to all biological resources, and cataloging and maintaining large, diverse dataset of municipal infrastructure resources and cultural and historic resources.

Utility Undergrounding Program, City of San Diego, California. Served as lead GIS analyst supporting biological resource technical analysis, the City of San Diego's Public Utilities Department programmatic EIR, cultural resource records searches, archaeological monitoring and technical reports, and development of mobile and web applications to facilitate fieldwork and desktop review for the Utility Undergrounding Program and associated activities in over 800 utility districts throughout the City. The Utility Undergrounding Program required management and analysis of a large and diverse GIS dataset. 2 Josh Becker

GRAPHICS
Josh Becker (JAHSH BEHK-er; he/him) is an accomplished graphic designer with 24 years' experience inspiring audiences with thoughtful, powerful design. Josh brings out the personality of-each project via expertly crafted visual representation. He successfully leads design teams, fostering creativity to produce results that are unexpected and inspired. Josh's capabilities include (but are not limited to) logos, infographics, illustration, posters, fliers, reports, magazines, brochures, collateral materials, advertising, and booklets. His expertise in publication layout and art direction has earned him several awards.

Project Experience
Community Forest Management Plan, Los Angeles County, California. Designed and produced the layout of the community forest management plan and the community canopy profiles guide. Also designed custom infographics. (2024) Education
Cabriflo College
AS, Fire Protection
Technology
San Jose State University
Design coursework
Urban Forest Management Plan, City of Fresno, California. Designed and produced the layout for the City of Fresno Urban Forest Management Plan (UFMP). (2024)
UFMP, Technical Assessment, and Educational Materials, City of Temecula, California. Designed and produced the layout for the City of Temecula UFMP. Designed and produced the layout and illustration for three quad-fold educational pamphlets about urban forestry practices in the City of Temecula for homeowners, business owners, and landscape professionals. (2023)
UFMP, City of Salinas, California. Designed and produced the layout for the City of Salinas UFMP. (2023) UFMP, City of Downey, Department of Public Works, California. Designed and produced the layout of the City of Downey UFMP. (2019)
Community Forest Management Plan, City of San Jose, California. Designed and produced the layout of the community forest management plan. Also designed custom infographics. (2020) Sustainable Groundwater Management Program/Tribal Government and Underrepresented Community Technical Assistance Program: Branding and Suite of Americans with Disabilities Act-Compliant Products, California Department of Water Resources. Designed Americans with Disabilities Act (ADA)-compliant, multilingual educational lesson plans for 10 California hydrological regions for kindergarten through high school. Created an ADA-compliant, California Department of Water Resources-branded PowerPoint template. (2023) Climate Adaptation Plan, City of Rialto, California. Designed and produced the layout of the Rialto Climate Adaptation Plan. Also designed and produced custom iconography. (2019) Logo and Branding, City of Willits, California. Designed a new logo and branding style guide for the City of Willits that considered the City's deep history and future growth toward the arts. (2023) DUDEK
Regional Adaptation Framework, San Diego Association of Governments, California. Designed and produced the layout of this document. (2021)
On-Call Sustainable Communities Consulting Services Proposal, San Diego Association of Governments, California. Designed a 400-page winning proposal for the San Diego Association of Governments. (2022) San Diego State University Mission Valley Campus Master Plan/Design Guidelines, california. Designed and produced the layout of the Master Plan and guidelines. (2019) Environmental On-Call Regional Transportation Infrastructure Sea-Level Rise Assessment and Adaptation Guidelines, San Diego Association of Governments, california. Designed and produced the layout of this document. Also designed a custom logo. (2019)
Los Angeles County Metro Area Plan, County of Los Angeles, California. Designed regional layouts, infographics, and historical timelines. (2023)
Los Angeles County South Bay Area Plan, County of Los Angeles, california. Designed brand expansion package, including a logo, a color palette, fonts, a report cover, a report flyer, and an area map. (2023) City of Palos Verdes Estates Safety Element, City of Palos Verdes Estates, California. Designed the layout for the City of Palos Verdes Estates Safety Element. (2023)
On-Call Environmental Services for Flood Control Facilities, County of Los Angeles, california. Designed a 700-page, winning proposal in print and digital formats for the Los Angeles County Public Works. (2022) Relevant Previous Experience
Santa Cruz Waves, califomia. Served as creative director. Santa Cruz Waves is a stylish, bimonthly, surf lifestyle magazine with a circulation of 20,000-plus. Conceptualized and executed all editorial design and layouts (-164 pages per issue). Redesigned publication upon coming aboard, giving it new life with a clean, striking, and dynamic look and feel. Showcased incredible photography and stories with arresting coffee-table-worthy layouts.

Freelance Art Director and Graphic Designer. Served as art director of Los Gatos Magazine (4/2016 to 4/2017) and its sister publication, The Good Life Collection. Designed a hardcover, national-release book (Whitman Publishing, 2016). Worked for a large international ad agency designing business and collateral materials.

Good Times, Santa Cruz, california. Served as art director and production manager. Contributed to the County's most reputable source of community journalism. Crafted artful and eye-catching covers and cover story layouts that got readers to pick up the issue, become interested in a story, and keep reading until the end. Helped to create a beloved and respected reputation in the community that led to bountiful advertisers and awards.

Awards
First Place, General Excellence (Weekly), 2006. California News Publishers Association (CNPA) Better Newspapers Contest.

First Place Winner, Page Layout and Design (Weekly), 2010; Honorable mention 2011, 2012, 2013. CNPA Better Newspapers Contest.

Second Place, Cover Design (Weekly), 2013, 2012. CNPA Better Newspapers Contest. 2 ATTACHMENT 8- CERTIFICATION STATEMENT

3. Consultant acknowledges that .all requests for deviations, exceptions, and approved equals are enclosed herein and that only those deviations, exceptions, and approved equals included in the RFP document or permitted by formal addenda are accepted by the City.

6. Consultant hereby certifies that the information contained in the proposal and all accompanying documents is true and correct.

August 25, 2025
Date
Joseph Monaco President & CEO
Print Name Title
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 33 of 51 Proposed Changes to the Form Agreement
Dudek requests the following changes to the PSA:
-1.1: c): "Consultant shall follow the highest professional standards and practices in performing the services required hereunder." That language could invalidate insurance coverage. We would like to strike that sentence and replace it with, "Consultant shall perform the services with the level of skill and care ordinarily exercised by members of the same profession operating under similar circumstances." -2.2: We request invoices be due by the 10th of the month. We also request to strike "use its best effort to" -5.1(e): We request striking the following "infringement of intellectual property; copyright; trademark" -5.2(d): We request to add "Except for professional liability," to the beginning of the first sentence. -5.3(C): The form of indemnity includes a separate duty to defend which we would like to qualify. We request to add a sentence to the end of (c) as follows, "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct." -6.3: We request to add the following to the end, "Any reuse of the documents and materials beyond the original project or modifications to the documents and materials without Consultant's consent shall be at City's sole risk."

ATTACHMENT C- EX PARTE COMMUNICATIONS CERTIFICATION

EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing one of the following two statements below. Only sign one statement.

Cosult'Sig .......

Joseph Monaco
Print Name
-ORStatement Two
August 25, 2025
Date
President & CEO
Title
I certify that the Consultant and Consultant's representatives have communicated after ___ , 2025, with a City Council Member concerning the RFP for Defensible Space and Vegetation Management Study. A copy of all such communications is attached to this form for public distribution.

Consultant's Signature Date
Print Name Title
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 34 of 51

ATTACHMENT D - DISQUALIFICATION QUESTIONNAIRE

DISQUALIFICATION QUESTIONNAIRE
The Consultant shall complete the following questionnaire:

Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has a proprietary interest in the Consultant ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No_!_
City of Laguna Niguel, CA - RFP - Defensible Space and Vegetation Management Study Page 35 of 51

ATTACHMENT C
Professional Services Agreement with Dudek

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
DUDEK
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on _ ______ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Dudek, a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties." In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSUL TANT

1.2 Consultant's Proposal and City's RFP. Consultant's proposal or bid for this Agreement ("Consultant's Proposal"), dated August 28, 2025, shall be incorporated herein by this reference as though fully set forth herein. City circulated a Request for Proposals for the services provided for herein on July 31, 2025. City's Request for Proposals ("City's RFP"), which was responded to by Consultant's Proposal, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included both in Consultant's Proposal as well as in City's RFP. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal ( for scope of services or work, or schedule of performance), and the terms of City's RFP (for scope of services or work, or schedule of performance), the Consultant's Proposal shall govern, unless this Agreement provides otherwise. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant's Proposal, other than description of scope of services or work, as well as description of schedule of performance, shall apply to this Agreement, unless specifically agreed to by City in writing.

City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses. Permits. Fees and Assessments. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits and approvals as may be required by law for the -1-
performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.8 Prevailing Wages. If services include any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws. To the maximum extent permitted by law, Consultant's obligations in Section 5.3 (Indemnification) expressly apply to acts or omissions arising out of, or incidental to, the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their officers, employees and agents) in connection with any services, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant pursuant to this section shall survive termination of the Agreement.

1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit -2-
B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. The total compensation ( excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Seventy-Two Thousand Seven Hundred Sixty-Two Dollars ($72,762.00) ("Compensation Sum"), unless additional compensation is approved pursuant to Section 1.5. This Agreement includes a contingency amount equal to twenty percent of the Compensation Sum ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed Eighty-Seven Thousand Three-Hundred Fourteen Dollars ($87,314.00) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5. The Consultant shall obtain written approval from the City for any use of the Contingency Sum.

Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. Upon expiration of original term of the Agreement, ifterm'is extended (pursuant to Section 3.2 or otherwise), fees and rates may only be increased both pursuant to Section 9.4 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Orange County area) for the applicable period of time. City has no obligation or duty to provide any such increase. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

2.2 Invoices. Unless some other method of payment is specified in Exhibit B, Special Requirements, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the services; 3) line items for all other approved reimbursable -3-
expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, (with the express exception of delays arising from the impact of COVID-19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay.

ARTICLE 4. COORDINATION OF WORK

4.1 Consultant Representative. The Consultant Representative is Jeremy Cawn, [Fire Protection Planner IV, (510) 601-2507, [email protected]], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement.

Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 City Representative. The City Representative is such person as designated by the City Manager or her designee. The City Representative shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant's responsibility to -4-
assure that the City Representative is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, may be made (unless otherwise specified) either by the City Manager, or by the City Representative ( or by their respective delegates as provided for in writing).

4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant's exclusive control and direction.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant's indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies ofinsurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an -5-
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. (a) Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ("ISO") form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 0 I, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five ( 5) consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. (e) Cyber Liability. Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, -6-
network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
(t) Excess Liabilitv and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) "follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy. (g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall, upon request of City, furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements herein.

5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/ Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(c) Additional Insureds. The commercial general liability policy provided for in Section 5 .1 (a) and the automobile liability policy provided for in Section 5 .1 ( c) both shall name -7-
City and its elected and appointed officers, employees, agents and designated volunteers ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. ( d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties.

None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. (e) Limitations. Self- Insured Retention. and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any selfinsured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims.

5.3 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns ( each an "lndemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, -8-
demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ( each an "lndemnitor" and collectively, "Indemnitors") in connection with the performance of Consultant's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Consultant will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties ( collectively "City" for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under Section 5.3 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Consultant. (c) Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law (within the limitations, as applicable, of Civil Code section 2782.8), Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in -9-
this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of profe.ssional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ("documents and materials") prepared (regardless of whether complete or incomplete) by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials under express condition that Consultant agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for City.

Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. No news releases, including -10-
photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

District Court, venue shall lie exclusively in the Central District of California, Southern Division, in the County of Orange, State of California.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is -11-
in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on -12-
City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are CumuJative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 LegaJ Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or -13-
give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to Assistant to the City Manager at City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing, approved by City and Consultant, and consistent with the Laguna Niguel Municipal Code.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid -14-
provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
-15-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Marissa J. Asistin, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
Scott C. Smith, City Attorney
CITY:

CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
CONSUL TANT:

Dudek, a California Corporation
By: ___ ___ _____ _
Name:

Title:

By: ____ ___ ___ __ _
Name:

Title:

Address: --- ---------
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-16-

EXHIBIT A

SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

II. Consultant will perform services, described in Consultant's Proposal and City's RFP (refer to Section 1.2 for conflicts).

A(l)

EXHIBITB

SPECIAL REQUIREMENTS
(Superseding Agreement Template)
A. Section 1.1, "Scope of Services" shall be amended to read in its entirety (new text is identified in bold italics, deleted text in strike through) as follows:
"In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall perform the services with the level of skill and care ordinarily exercised by members of the same profession operating under similar circumstances. follow the highest professional standards and practices in perfoffiling the services reql'lired be.reunder." B. Section 5.l(e), "Cyber Liability" shall be amended to read in its entirety (new text is identified in bold italics, deleted text in strike through) as follows:
"Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement ofmtellectual property· copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations." C. Section 5.2(d), "Primary, Subrogation, Contribution and Coverage" shall be amended to read in its entirety (new text is identified in bold italics, deleted text in strike through) as follows:
"Except for professional liability all All-of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Requirements of specific coverage features or limits contained herein are not intended as a B(l)
limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type." D. Section 5.3(c), "Professional Liability" shall be amended to read in its entirety (new text is identified in bold italics, deleted text in strike through) as follows:
"When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law (within the limitations, as applicable, of Civil Code section 2782.8), Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct." E. Section 6.3, "Ownership of Documents" shall be amended to read in its entirety (new text is identified in bold italics, deleted text in strike through) as follows:
"All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ("documents and materials") prepared (regardless of whether complete or incomplete) by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials under express condition that Consultant agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for City. Any reuse of the documents and materials beyond the original project or modifications to the documents and materials without Consultant's consent shall be at City's sole risk."
B(2)

EXHIBIT C

SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2.

II. The total compensation for the services shall not exceed the total of the Contract Sum, as provided in Section 2.1 of this Agreement.

III. Consultant will be compensated for services provided pursuant to this Agreement in accordance with description in Consultant's Proposal.

C(l)

EXHIBITD

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule described in Consultant's Proposal and City's RFP (refer to Section 1.2 for conflicts).

D(l)

Laguna Niguel City CouncilOctober 21, 2025

Laguna Niguel City Council
October 21, 2025