Consultant Services Agreement
NCE
Amendment No.1 Page 1
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CONSULTANT SERVICES AGREEMENT
AMENDMENT No. 1
This AMENDMENT NUMBER 1 is entered into as of the 23rd day of October 2023, by and between the CITY OF PACIFICA, herein called the “City,” and NCE, herein called the “Consultant.”
RECITALS
A. City desired to obtain On-Call Certified Arborist Services to effectively administer the new tree preservation ordinance and for that purpose entered into an agreement with Consultant dated July 26th, 2023 (“Original Agreement”), by which City hired Consultant to perform tree review services.
B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment No.1.
C. City desires to authorize Consultant to modify the services described in this Amendment No. 1 of the subject project per the attached scope.
AGREEMENT
A. Amendment. The Parties agree that Task Order No. 2 shall be amended as set forth below.
1. Section 2 “Scope of Services”. All scope of services remain unchanged with the addition of work in attached hereto as Exhibit A shall be incorporated by reference (“Modified Work”).
2. Section 3 “Compensation and Payment”.
A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this Amendment No.1. The total combined compensation for the Original Agreement and this Amendment No.1 shall be changed to Ninety-Five Thousand dollars ($95,000.000).
3. Agreement in Effect. All other provisions of the Original Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.1 as of the date first written above.
Consultant Services Agreement
NCE
Amendment No.1 Page 2
OAK #4817-6120-9406 v3
CITY OF PACIFICA CONSULTANT
NCE
By: By:
Kevin Woodhouse J. Ryan Shafer
City Manager Principal
ATTEST:
By: __________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:
By:
Michelle M. Kenyon
City Attorney
Consultant Services Agreement
NCE
Amendment No.1 Page 3
OAK #4817-6120-9406 v3
EXHIBIT A
SCOPE & COMPENSATION OF AMENDMENT NO. 1
Oakland, CA
5253 College Ave, Suite B
Oakland, CA 94618
(510) 250-9189
October 11, 2023
Raymund Donguines, Senior Civil Engineer
Engineering Division
City of Pacifica
151 Milagra Drive
Pacifica, CA 94044
Proposal – Tree Preservation Ordinance Implementation Assistance Dear Mr. Donguines:
Thank you for the opportunity to continue providing the following Scope of Work to assist the City of Pacifica with the interpretation and enforcement of the City’s Tree Preservation Ordinance, Chapter 12 of the Municipal Code that was adopted in October 2022.
Based on phone conversations with City staff and review of the Chapter 12, NCE understands that City staff is seeking a professional with experience reviewing and interpretating arborist reports, construction processes adjacent to existing trees, familiarity with the interpretation and implementation of tree preservation ordinances and is able to provide professional opinions for the protection of trees. NCE also understands that tree preservation applications will be done on-line, review will occur during the permitting process and the City has two weeks for the initial response and one week for any resubmittal response. Lastly NCE understands that tree protection will be required for all private and public trees 12” dbh or larger, typical project types include residential/commercial/public construction, utility undergrounding and tree pruning to maintain views and eliminate hazards.
Specific tasks that will be required include1) Review and interpretation of Chapter 12- Tree Preservation Ordinance 2) Site visits as necessary to review existing conditions at project sites 3) Preparation of written reports summarizing the findings of NCE’s review of the applications 4) Assistance with the determination of construction bonds and valuation of trees 5) Review of arborist reports, applications for tree removals, tree pruning/encroachment permits, tree protection and preservation plans
6) Assist with the creation of a standard checklist for applications NCE also understands that the City has allocated $95,000 The terms of this task order will be under NCE’s existing Master Agreement for Civil Engineering. As a principal with NCE, Matthew Gaber is authorized to sign contracts on behalf of NCE and will be the point of contact for this proposal. He can be reached via phone at (510) 250-9189 or via email at [email protected] or via mail at NCE 5253 College Avenue, Oakland CA 94618. This proposal is valid for 120 calendar days from the date of its submittal. NCE looks forward to your favorable review of our proposal and the opportunity to continue our work with the City.
Sincerely,
Matthew S. Gaber RLA