- 1 -
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 13th day of November, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and DUDEK [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires On-Call Certified Arborist Services to effectively administer the new tree preservation ordinance; and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by Certified Arborist practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services.
Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 2 -
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause. Notwithstanding the foregoing, trade secret/confidential information does not include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by CITY; (ii) becomes publicly known and made generally available after disclosure by CITY through no action or inaction of CONSULTANT; (iii) is already in the possession of CONSULTANT at the time of disclosure by CITY as shown by CONSULTANT’s files and records immediately prior to the time of disclosure; (iv) is obtained by CONSULTANT from a third party without a breach of the third party’s obligations of confidentiality; (v) is independently developed by CONSULTANT without use of or reference to CITY’s proprietary information, as shown by documents and other evidence in CONSULTANT’s possession; or (vi) is required by law to be disclosed by CONSULTANT, provided that CONSULTANT gives CITY prompt written notice of the requirement prior to disclosure and, if requested by CITY, assists in trying to obtain an order protecting the information from public disclosure.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall become the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. Notwithstanding the foregoing, any reuse of the Documents beyond the original purpose for which it was created, and any modifications of the Documents shall be at CITY’s sole risk.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 3 -
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $100,000 annually ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 31, 2026.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 4 -
4.1. CITY Contact. CITY designates Roland Yip, PE, its Deputy Public Works Director/City Engineer, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Jeremy Cawn as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 5 -
$2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 6 -
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Joseph Monaco
President/CEO
1630 San Pablo Avenue, Suite 300
Oakland, CA 94612
Phone: (510) 601-2500
Email: [email protected]
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 7 -
ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE - 8 -
by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: DUDEK
By: Date
Joseph Monaco, President/CEO
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE October 30, 2023
EXHIBIT A
SCOPE OF WORK
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services 1
Understanding and Approach
Project Understanding
Dudek understands that trees are one of the City’s most important landscape features and that the City is dedicated to protecting and maintaining its urban forest. We also understand that this requires the City to hire a firm that will actively manage their urban forest through tree preservation programs that apply to public and private trees; manage tree removal permit programs; review proposed development projects for tree impacts and provide reports to the City on the potential impacts to nearby protected trees; and to manage a street/public tree care program that includes trimming, removal, and replanting.
Project Approach
The following describes our approach to providing on-call arborist services to the City.
PROJECT MANAGEMENT AND DATA COLLECTION
At the beginning of our contract with the City, Dudek project staff will participate in a kickoff meeting with City staff to introduce all key project staff; describe the purpose of and the expectations of the contract; describe team member roles; review the City policies and procedures for preparing tree reports, permits, and inspections; define contract timelines; and familiarize Dudek project staff with the City’s record keeping and permitting system. After the kickoff meeting, Dudek will provide on-call arborist services by collecting contract work information, such as permit review requests, and scheduling a day when project arborists will perform tree inspections. If preferred by City staff, Dudek will establish a specific day during the week when project arborists will come to the City for tree inspections.
Dudek assumes that the kickoff meeting will be in-person, but Dudek project staff are available to meet virtually via Zoom or a similar platform if needed. While Dudek assumes that only one kickoff meeting is needed to begin the contract, Dudek project staff will be available to meet with City staff as needed when there are changes to City procedures.
Dudek staff will also be available to ride along with City staff during the first few weeks after the kickoff meeting to become familiar with the City and to ensure that project staff are adhering to City procedures.
MANAGEMENT OF PUBLIC AND PRIVATE TREES
Project arborists will collect new tree permit requests from the City as they are processed and made available by the City. Project arborists will begin the permit review process by conducting the necessary permit review of tree location, species, and site conditions. If the tree is not accessible from the public right of way, a project arborist will contact the applicant and schedule a meeting at the property. Project arborists will notify the applicant during the review if there are any missing elements, such as the arborist report.
Project arborists will then inspect the tree to assess the general condition of the tree and determine if the DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services 2
permit request meets the criteria described in Chapter 12 of the City’s municipal code. Finally, project arborists will submit their recommendations to the City to approve or deny the permit. If preferred by the City, project arborists will create the permit or denial form for the City and notify the applicant.
Project Timeline: Dudek will adhere to the schedule described in the municipal code by reviewing permit applications, inspecting trees, and submitting permit approval or denial recommendations in 14 calendar days.
If the applicant appeals a tree permit denial, then a project arborist will prepare a report for City staff to present at the relevant commission meeting. The report will include a description of the site, a summary of the tree condition, and a description of the reasons why the permit was denied. Photos and maps will be included in these reports to provide support for the decision to deny the permit.
INSPECTION OF PUBLIC AND PRIVATE TREES
A project arborist will collect development permits issued by the City where protected trees are present, and the inspection for the security deposit release is due in the next 30 calendar days. For each security deposit release, a project arborist will review information about the development permit, including site plans, tree preservation plans, and City comments or conditions related to the development permit. Project arborists will then contact the development permit holder to schedule the inspection of the trees listed on the development plans or in the tree preservation plans. Next, a project arborist will visit the site and inspect each tree listed on the development plans or in the tree preservation plans to assess the current condition of the trees, compare the current condition to the condition described in the development plans or in the tree preservation plans, and determine if any permanent damage has occurred. Finally, a project arborist will create and submit a report to the City on the condition of the tree(s) at the site and whether the security deposit can be released or if the funds should be forfeited.
Project Timeline: Dudek anticipates a 14 calendar-day timeline for processing security deposit release inspections and preparing the report for the city.
Quality Control / Quality Assurance
At Dudek we take great pride in delivering consistently high-quality reports. Meeting this standard requires discipline, which is why we implement a rigorous quality assurance/quality control (QA/QC) process for all client deliverables. The cornerstones of our program are outlined below.
Open Communication. During the start-up phase of the project, the PM and project arborist will review our approach and the deliverables we produce with the City to ensure that the permit reviews, security deposit reports, and arborist reports meet the City’s needs for an on-call arborist. After the start up phase the PM would set up recurring meetings with the City to review the work project staff have performed.
Deliverable Review. The PM will periodically review the approach and deliverables prepared by the project arborists to tree permit applications, security deposit release reports, and arborist reports. The intent will be to be ensure project arborist are meeting the city’s needs for the on-call arborist. Since the PM is also acting as a project arborist, the PM’s work will be periodically reviewed by one of the project arborists.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services 3
Company Information
Dudek brings extensive experience in arboricultural and forestry consulting services, as well as civil engineering, biological and botanical assessments, regulatory permitting, stormwater compliance, unmanned aerial vehicle (drone) mapping, geographic information system (GIS) modeling and analysis, and California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) compliance. The Dudek advantage is that we can truly take a project from conception through implementation, setting us apart from traditional arboricultural and forestry firms that often lack environmental and other supporting services.
Dudek has one of the state’s most diverse urban forestry practices, with expertise in a variety of urban and wildland forestry specialties.
Our certified and licensed forestry professionals bring valuable insight to both rural and urban forestry management issues, including creative approaches to difficult and controversial projects.
Arboriculture Expertise
Dudek’s Arboriculture team understands the need to maximize the ecological and aesthetic benefits of trees and forests while balancing the need for tree and forest management activities. Dudek arborists prepare management plans to promote individual tree or forest health, minimize risk, and protect assets and special-status resources. Dudek provides practical solutions for tree and forest management, and we offer the following professional services:
Individual tree, stand, and urban forest evaluation
Tree risk assessment using established assessment protocols (i.e., ISA Tree Risk Assessment Qualifications)
Technical evaluation of individual trees and assessment of health and structural condition Pest and disease assessment and recommendation
Tree inventory and GPS mapping
Findings presentation to decision-making bodies
Tree appraisal
Carbon sequestration and environmental benefits analysis of individual trees/forests Tree maintenance specification preparation
GIS data collection and management
Technical report, management plan, and CEQA document preparation related to tree and forest management
COMPANY
INFORMATION
Organization Type
Corporation
Single Point of Contact
Jeremy Cawn
510.601.2507
[email protected]
Main Office
605 Third Street
Encinitas, California 92024
760.942.5147
Oakland Office
1630 San Pablo Avenue, Suite
300, Oakland, California 94612
510.601.2500
Auburn Office
853 Lincoln Way, Suite 105
Auburn, California 95603
530.887.8500
Santa Barbara Office
621 Chapala Street
Santa Barbara, California 93101
805.963.0651
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services 4
Litigation History
The following is a summary of Dudek’s legal claims or contract terminations in last five years involving professional consulting services:
LITIGATION OR ARBITRATION WHERE DUDEK WAS
DEFENDANT
City of Carlsbad vs. Ledcor Construction Inc.
On June 13, 2016, the City of Carlsbad filed a civil complaint in California Superior Court, County of San Diego, against Ledcor Construction Inc. Dudek was named as a co-defendant. The project architect, RRM Design Group, was also later named as a defendant. The suit was related to construction of the City’s First Responder Training Center. Dudek served as construction manager for the City on the project. Dudek denied any liability in the matter. The matter has been resolved between the City and Dudek and was dismissed in August 2019.
Terra Lago Community Association v. Indo Land Ventures, LLC, et al.
On November 12, 2015, Terra Lago Community Association sued Indio Land Ventures for alleged construction defects arising out of the construction of a residential development complex located in Indio, California. Dudek was named as one of many cross-defendants for its role in preparing the lake-liner design; the other parties were involved in various construction aspects of the lake. Dudek did not participate in any supervision or other construction management activities. Plaintiff initially demanded $25,275 to settle the claims against Dudek, and their claims ultimately resolved in full for $10,000. The parties executed a settlement and release agreement which the Court approved, and the case was dismissed in 2019.
Elsinore Valley Municipal Water District v. Water Works Engineers, LLC, et al.
On November 12, 2021, Elsinore Valley Municipal Water District (the “District”) filed a civil complaint against Water Works Engineers, LLC (WWE) in California Superior Court, County of Riverside, for alleged design defects in a water reclamation facility. The District filed a first amended complaint against WWE on September 26, 2022, for breach of contract and professional negligence. WWE subsequently cross-claimed against the construction firm as well as Dudek (and other firms) for its role as construction manager. Dudek was not involved in the design of the project, denies any liability, and intends to defend itself vigorously.
CONTRACT TERMINATIONS INVOLVING PROFESSIONAL CONSULTING SERVICES In 2019, the City of Santa Barbara terminated a contract with Dudek’s Santa Barbara office for Design and Preliminary Environmental Review for the Santa Barbara Police Station Project. Subsequent to that termination, and after contracting with a different Dudek team, Dudek was able to complete work for this project to the City’s satisfaction. Further, the City has continued to enter into new contracts with Dudek for projects.
AFFIRMATIVE
STATEMENT
Dudek can confirm that it is
independent of the City as
defined by generally accepted
auditing standards of the U.S.
General Accounting Office's
Government Auditing Standards
(1994).
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services 5
Company Personnel
The firm’s capacity and capability to perform the required work involves having enough of the right people where and when you need them. Dudek’s project team, outlined in Table 2, has technical expertise throughout California, with extensive experience in Northern California and the Bay Area, and possesses all the necessary capabilities to provide the required scope of services.
Key Personnel
Project Manager and Lead Arborist Jeremy Cawn is a Certified Arborist with the Tree Risk Assessor Qualification (TRAQ) and a Registered Professional Forester (RPF) with 10 years’ experience in the urban forestry field, specializing in municipal tree management and tree risk assessment in developed and undeveloped areas throughout California. We have assembled a team with the knowledge and specific expertise to provide the services outlined in the RFP.
Table 2 presents the Dudek team’s roles, years’ experience, contact information, areas of specialization, and relevant experience.
Table 2. Staff Expertise
Staff
Member/Title Yrs. Exp. Contact Information Assigned Area of Work Relevant Experience Jeremy Cawn, RPF,
TRAQ
Project Manager/
Lead Arborist
10 [email protected]
510.601.2507
Urban forest
inventory and
management
Hazard tree
assessments
Vegetation
management
planning
East Bay Regional
Park District on-call
consulting arborist,
Alameda County
Walnut Creek
Arborist Services,
Contra Costa
County
Cattle Hill Fuel
Reduction Project,
San Mateo County
Scott Eckardt, RPF
Staff Arborist
24 [email protected]
530.863.4650
Woodland and
forest inventories
Fire and fuel
hazard conditions
assessment
Vegetation
management
planning
Oakland Hills
Vegetation
Management Plan,
Alameda County
State Route 17
Shaded Fuel Break
Project, Santa Clara
County
Hazardous Fuels
Reduction Program,
San Mateo County
AFFIRMATIVE
STATEMENT
Dudek can confirm that our
company and assigned key
personnel are properly licensed
to practice in California.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services 6
Table 2. Staff Expertise
Staff
Member/Title Yrs. Exp. Contact Information Assigned Area of Work Relevant Experience Jonah Malenfant
Staff Arborist
4 [email protected]
510.636.5642
Street tree
inventories
Forest Inventory
City of Pleasanton
Urban Forest
Management Plan
Walnut Creek
Arborist Services,
Contra Costa
County
Jared Davis,
TRAQ
Staff Arborist
4 [email protected]
831.600.1406
Forest inventories
Environmental
documentation
Urban Forest
Management
City of Pleasanton
Urban Forest
Management Plan
City of Alameda
Urban Forest
Management Plan
San Mateo County
Tree Ordinance
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE EXHIBIT B-1
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE On-Call Certified Arborist Services
Price Proposal
Table 4 presents the hourly billing rates associated with Dudek’s 2023 Fee Schedule for proposed staff.
Table 4. Staff Billing Rates
Role/Staff Classification Hourly Rate
Project Manager $165
Staff Arborist $125
The following cost estimates include mileage and travel time to the City for tree inspections. Dudek assumes that project staff will travel to the City to perform several tree inspections and that mileage expenses as well as travel time, will be divided amongst several permits or security releases.
Based on the rates published in our fee schedule, Dudek estimates the following:
The cost to review and prepare findings for new tree permit applications will range between $343 and $434.
The cost to review and prepare findings for a security deposit release will range between $312 and $392. The cost to prepare staff reports will range from $500 to $660 and will be billed on a time and materials basis. It is assumed that the site visit was previously performed and that additional field work is not required.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE DUDEK 2023 Standard Schedule of Charges
EFFECTIVE JANUARY 1, 2023
2023 PRates FINAL
Engineering Services
Project Director ......................................................................$335.00/hr Principal Engineer lll ..............................................................$305.00/hr Principal Engineer II ...............................................................$295.00/hr Principal Engineer I ................................................................$285.00/hr Program Manager ..................................................................$275.00/hr Senior Project Manager .........................................................$275.00/hr Project Manager.....................................................................$265.00/hr Senior Engineer III..................................................................$260.00/hr Senior Engineer II ..................................................................$250.00/hr Senior Engineer I ...................................................................$240.00/hr Project Engineer IV/Technician IV .........................................$230.00/hr Project Engineer llI/Technician III..........................................$220.00/hr Project Engineer lI/Technician II............................................$205.00/hr Project Engineer I/Technician I .............................................$185.00/hr Senior Designer II...................................................................$210.00/hr Senior Designer I....................................................................$205.00/hr Designer .................................................................................$195.00/hr Assistant Designer .................................................................$190.00/hr CADD Operator III ...................................................................$185.00/hr CADD Operator II ....................................................................$175.00/hr CADD Operator I .....................................................................$160.00/hr CADD Drafter..........................................................................$145.00/hr CADD Technician....................................................................$135.00/hr Project Coordinator................................................................$165.00/hr Engineering Assistant ............................................................$140.00/hr Environmental Services
Senior Project Director………………………………………………………..$315.00/hr Project Director................................................................................. $280.00/hr Senior Specialist V………………………………………………………………$265.00/hr
Senior Specialist IV........................................................................... $255.00/hr Senior Specialist III .......................................................................... $240.00/hr Senior Specialist II ........................................................................... $225.00/hr Senior Specialist I ............................................................................ $210.00/hr Specialist V........................................................................................ $195.00/hr Specialist IV....................................................................................... $185.00/hr Specialist III ...................................................................................... $175.00/hr Specialist II ....................................................................................... $160.00/hr Specialist I ........................................................................................ $150.00/hr Analyst V ........................................................................................... $140.00/hr Analyst IV .......................................................................................... $130.00/hr Analyst III........................................................................................... $120.00/hr Analyst II.............................................................................................$110.00/hr Analyst I..............................................................................................$100.00/hr Technician III ....................................................................................... $90.00/hr Technician II ........................................................................................ $80.00/hr Technician I ..........................................................................................$70.00/hr Mapping and Surveying Services
Application Developer II .................................................................. $205.00/hr Application Developer I ................................................................... $165.00/hr GIS Analyst V .................................................................................... $215.00/hr GIS Analyst IV ................................................................................... $190.00/hr GIS Analyst III.................................................................................... $150.00/hr GIS Analyst II..................................................................................... $135.00/hr GIS Analyst I...................................................................................... $120.00/hr UAS Pilot ........................................................................................... $140.00/hr Survey Lead ..................................................................................... $210.00/hr Survey Manager .............................................................................. $180.00/hr Survey Crew Chief............................................................................ $140.00/hr Survey Rod Person........................................................................... $115.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services
Principal/Manager .................................................................$195.00/hr Senior Construction Manager ...............................................$185.00/hr Senior Project Manager .........................................................$175.00/hr Construction Manager ...........................................................$170.00/hr Project Manager.....................................................................$165.00/hr Resident Engineer....................................................... …….….$160.00/hr Construction Engineer............................................................$155.00/hr On-site Owner’s Representative ............................................$145.00/hr Prevailing Wage Inspector..................................................... $145.00/hr Construction Inspector........................................................... $140.00/hr Administrator/Labor Compliance.......................................... $100.00/hr Hydrogeology/HazWaste Services
Project Director ...................................................................... $335.00/hr Principal Hydrogeologist/Engineer II..................................... $310.00/hr Principal Hydrogeologist/Engineer I...................................... $290.00/hr Senior Hydrogeologist V/Engineer V .................................... $270.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $260.00/hr Senior Hydrogeologist III/Engineer III.................................... $250.00/hr Senior Hydrogeologist II/Engineer II...................................... $240.00/hr Senior Hydrogeologist I/Engineer I....................................... $230.00/hr Project Hydrogeologist V/Engineer V .................................... $215.00/hr Project Hydrogeologist IV/Engineer IV .................................. $205.00/hr Project Hydrogeologist III/Engineer III................................... $195.00/hr Project Hydrogeologist II/Engineer II..................................... $185.00/hr Project Hydrogeologist I/Engineer I....................................... $175.00/hr Hydrogeologist/Engineering Assistant.................................. $140.00/hr District Management & Operations
District General Manager....................................................... $225.00/hr District Engineer..................................................................... $215.00/hr Operations Manager ............................................................. $165.00/hr District Secretary/Accountant .............................................. $140.00/hr Collections System Manager................................................. $140.00/hr Grade V Operator ................................................................... $130.00/hr Grade IV Operator .................................................................. $115.00/hr Grade III Operator .................................................................. $105.00/hr Grade II Operator ..................................................................... $85.00/hr Grade I Operator ...................................................................... $80.00/hr Operator in Training ................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services
Creative Services IV ............................................................... $170.00/hr Creative Services III ............................................................... $155.00/hr Creative Services II ................................................................ $140.00/hr Creative Services I ................................................................. $125.00/hr Publications Services
Technical Editor lV ................................................................. $170.00/hr Technical Editor lll.................................................................. $155.00/hr Technical Editor ll................................................................... $140.00/hr Technical Editor l.................................................................... $125.00/hr Publications Specialist lV....................................................... $130.00/hr Publications Specialist lll ....................................................... $120.00/hr Publications Specialist ll........................................................ $110.00/hr Publications Specialist l......................................................... $100.00/hr Clerical Administration........................................................... $100.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.
Annual Increases – Unless identified otherwise, these standard rates will increase in line with the CPI-U for the nearest urban area per the Department of Labor Statistics to where the work is being completed) or by 3% annually, whichever is higher.
The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
DocuSign Envelope ID: 814EA24B-F65E-4302-B992-12CBF0D9AEBE