HomeMy WebLinkAbout15 - Amendment to Agreement for Consulting Arborist Services (Contract No. 7936-1)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 22, 2023
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Public Works Superintendent,
kpekar@newportbeachca.gov
PHONE: 949-644-3069
TITLE: Approval of Amendment No. One to Agreement for Consulting
Arborist Services with Dudek (Contract No. 7936-1)
ABSTRACT:
The City of Newport Beach (City) utilizes on -call consulting arborist services to perform a
variety of inspections and testing on City trees. Staff has determined an amendment to
the Agreement with Dudek, Inc. (Dudek) for Consulting Arborist Services is necessary
due to increased usage and the continued need for services. Staff requests an
amendment to the Dudek contract to increase the not -to -exceed (NTE) amount to
$270,000 and extend the contract an additional three years to a new expiration date of
October 1, 2026.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. One to the Agreement with Dudek for Consulting Arborist
Services to increase the total contract not -to -exceed amount to $270,000 and extend
the contract an additional three years to a new expiration date of October 1, 2026, and
authorize the Mayor and City Clerk to execute the amendment.
DISCUSSION:
The City's urban forest is comprised of over 35,000 City trees of varying species and
maturity. The Public Works Department routinely requires the use of on -call consulting
arborist services, throughout the City, including but not limited to: Basic and Advanced
Tree Risk Assessments, Tree Appraisals (valuation), third -party Arborist
Reviews/Reports, and Urban Forest Management Plans.
After conducting a formal consultant selection process, the City entered into a three-year
contract (under the City Manager's authority) with Dudek on September 30, 2020, for
Consulting Arborist Services with a total NTE of $120,000.
15-1
Approval of Amendment No. One to Agreement for Consulting
Arborist Services with Dudek (Contract No. 7936-1)
August 22, 2023
Page 2
Over the past couple of years, the City has seen its demand for consulting arborist
services increase for a variety of reasons. First, based on recent revisions to
Council Policy G-1, higher -level tree assessments and testing are now required when
removal is considered on City Special Trees. The consultant now needs to use more time
and advanced testing methods, such a tomography (which creates a picture of the inside
of a tree enabling detection of internal decay) to review tree conditions. This technology
is a valuable tool; however, it costs more than standard assessments. Moreover, staff has
also needed to increase the use of the consulting arborist for preventative tree
maintenance recommendations. Additionally, staff has been working on an Urban Forest
Management Plan and needs consulting arborist services to confirm, adjust and review
the City tree inventory, then perform analytics on the data collected. The Urban Forest
Management Plan is a planning tool that permits staff to provide arboricultural services
leading to the better preservation our City Tree assets.
Dudek has vast municipal arboricultural experience in a multitude of areas. Its rates are
competitive, and the firm has provided quality services on a wide array of projects locally,
including to the City of Irvine. Staff is very satisfied with the reporting and services
provided to date by Dudek under this contract. Thus, as a result of an increased and
ongoing need for consulting arborist services and a desire for continuity of service, staff
requests an amendment to the Dudek contract to increase the total contract not -to -exceed
amount to $270,000 and extend the contract an additional three years to a new expiration
date of October 1, 2026.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this purchase. It will be expensed to
the Professional Services account in the Public Works Department, 0108032-811008.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item.
ATTACHMENT:
F-11FI 111151ii%0_TiL_ir "iTaiii 01CKi7T
15-2
ATTACHMENT A
AMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
CONSULTING ARBORIST SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 22nd day of
August, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and DUDEK , a California
corporation ("Consultant"), whose address is 605 3rd Street, Encinitas, California 92024,
and is made with reference to the following:
RECITALS
A. On September 30, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") for On -Call Consulting Arborist Services ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to October 1, 2026 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 1, 2026, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy
Thousand Dollars and 00/100 ($270,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Fifty Thousand Dollars and 00/100 ($150,000.00).
15-3
3. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following:
"5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Joseph Monaco to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel."
4. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with
Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit
C in the Agreement shall hereafter refer to Exhibit C attached hereto.
5. NOTICES
Section 25.3 of the Agreement is amended in its entirety and replaced with the
following:
25.3 "All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Joseph Monaco
DUDEK
605 Third Street
Encinitas, CA 92024"
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
DUDEK Page 2
15-4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7 10 Z9
By: r)
ron C. Harp o z3 we
y Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONSULTANT: DUDEK, a California
corporation
Date:
By:
Joseph Monaco
Chief Executive Officer
Date-
By -
Emily Paul
Assistant Secretary
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
DUDEK Page 3
15-5
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance 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 the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
DUDEK Page C-1 15-6
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
DUDEK Page C-2 15-7
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. 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 sixty (60) calendar 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.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section 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. If the Consultant maintains higher
DUDEK Page C-3 15-8
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. 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 liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
DUDEK Page C-4 15-9