HomeMy WebLinkAboutC-9975-1 - On-Call PSA for On-Call Professional and Technical Environmental ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
ON -CALL PROFESSIONAL AND TECHNICAL ENVIRONMENTAL SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 23rd day of September, 2025 ("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 687
S. Coast Hwy 101, Suite 110, Encinitas, California 92024, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on -Call Professional and Technical
Environmental Services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 22, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 Letter Proposal
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
Seventy Five Thousand Dollars and 00/100 ($75,000.00), 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.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
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who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
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 Laura Masterson 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.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Planning Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless 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 (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
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the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. 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 or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Planning Manager
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Legal Department
DUDEK
687 S. Coast Hwy 101, Suite 110
Encinitas, CA 92024
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 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 the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:- V10 / Z. 5
JOE
Aarf C. Harp
City Attorney ,
ATTEST:
Date:
Interim City
CITY OF NEWPORT BEACH,
a California gnicipal corporation
Date: 2y'
By:! _^ L
Joe+Staeton
Mayor
CONSULTANT: DUDEK, a California
corp or tior�7/
Date: /
By:
Jo ?hM�onac����
o
President/Chief Executive Officer
Date: z>
By: / AA-,-, -, V�--
Da ielle Voss
Vice President/ Human Resources/
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
DUDEK Page A-1
SCOPE OF SERVICES
Description:
Consultant(s) shall provide environmental consulting services to the City, including but
not limited to, the following:
• Perform technical evaluation of environmental issues and provide appropriate
analysis to substantiate a categorical exemption for a project under the State CEQA
Guidelines, especially for the Class 32 (In -Fill Development) Exemption;
• Perform technical evaluation of potential projects and prepare a consistency analysis
pursuant to Section 15183 of the CEQA Guidelines;
• Prepare environmental technical studies (e.g., biological, cultural, noise, air quality,
greenhouse gas, etc.);
• Prepare and circulate SIB 18 and/or AB 52 notices with support provided to City staff during
any tribal consultations;
• Perform peer review of environmental documents, including initial study or technical
studies, prepared at the direction of a private project applicant;
• Prepare applications and obtain permits from regulatory agencies;
• Provide archaeological, paleontological, and other cultural resources monitoring; and
• Participate at community meetings or public hearings regarding CEQA matters for which
the Consultant has provided support.
fAPPrUdC H/UrlUerbLdHUIrl(y, UI 3erVIC(2b LU
be Provided
We understand that this contract may involve a range of work products involving anything from peer review of
CEQA documents prepared by project applicants to preparing CEQA documents on behalf of the City, including the
supporting technical studies (our capabilities for each resource area are included in Table 2). Dudek provides
each service listed under Section I. General Scope of Work, in the City's RFQ. We offer full -service CEQA services
that includes running scoping and/or public meetings, filing documents with the County Clerk, paying the
associated fees, and holding consultation meetings with regulatory agencies and/or tribes. We provide
Categorical Exemptions with supporting technical study documentation, IS/Negative Declarations, IS/MNDs, EIRs,
Supplemental and Subsequent EIRs, and Addenda to EIRs. We attend public hearings to help City staff respond to
questions from Planning Commissioners and City Council members.
Contract Management Approach
Laura Masterson's contract management philosophy for this on -call contract is based on lessons and preferences
learned from our dozens of local as -needed and on -call contracts throughout Orange County.
Effective contract management requires constant and careful attention to the daily demand for communication
among project participants and with the client. Dudek believes that the most effective contract manager is the
one who aids the continuous flow of information, data, instructions, and guidance on a regular basis. Laura
Masterson will remain personally involved in any project she personally manages for the City. Working as a team
with task managers and technical discipline leaders, she will keep all task orders on schedule and within budget
and will maintain the highest level of quality for all deliverables. She will communicate project status, issues, and
concerns with other members of the consultant team and with the City by doing the following:
■ Serving as the single point of contact
■ Establishing regular meetings with the City project manager to discuss project milestones, activities,
and issues
■ Holding regular project management meetings with key project staff to coordinate work efforts, check on
task completion, and review budget conformance
■ Updating the project description, schedule, work progress reports, and inventories of available data, as necessary
so that all team members are aware of information that may affect their work products and schedules
■ Coordinating with the City at strategic junctures for public input
Categorical Exemption, Especially for Class 32
(In -Fill Development)
The Class 32 (Infill Development) categorical exemption requires projects to be consistent with applicable General
Plans and zoning designations, located within a city's limits on a site five acres or less, bordered by urban uses,
and without significant impacts to traffic, noise, air quality, or water quality (CEQA Section 15332). The site must
also be devoid of sensitive habitat and adequately served by public utilities. Dudek has ample experience leading
categorial exemptions, especially regarding Class 32, In -Fill Developments. Our team has provided such services
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 20
DUDEK
on contracts with Scripps College, GIRT Carlsbad Village LLC, Wiseman Commercial for the development of the
Fairfield Arora Project, the City of Rancho Cucamonga for the Lion's Gate Project, Rincon Homes for their 840
Carlsbad Village Drive project, the Orchard Shopping Center (Ross project) CAP Consistency Analysis and
Substantial Conformance Review, and the County of San Diego during our As -Needed Environmental Consulting
Services Contract.
The memorandums Dudek prepares typically include the following:
1. A discussion on how the project qualifies for a Class 32 categorical exemption through consistency with
applicable land use regulations,
2. Identifying if the proposed project is on an infill site that is less than five acres in size and is not
anticipated to result in any significant environmental impacts,
3. Identifying the reasons why the project does not meet any of the exceptions to categorical exemptions
under CEQA Section 15300.2.
The Dudek process for drafting these memorandums include two rounds of review, comment, and revision by the
City and/or applicant. Additional services, such as additional rounds of comments or meeting attendance, will be
at request and billed as additional cost on a time and materials basis in accordance with our current standard
schedule of charges.
Consistency Analysis Pursuant to Section 15183
Dudek has provided our environmental expertise on a variety of projects and has ensured compliance by providing
Consistency Analyses pursuant to Section 15183. These projects include our work in the Pomona Transformative
Climate Communities Plan for the City of Pomona, analysis for the development of Orange Apartments and Retail
space for the City of Vacaville, and the Alamo Villages Specific Plan 15183 Exemption within Los Angeles County
for the Urban Advisory & Building Group, LLC.
The proposed Dudek approach to evaluating a project pursuant to the CEQA Guidelines of Section 15168 ensures that
the resulting document includes a sufficient level of detail to provide a straightforward approach for streamlining
subsequent approvals, such as for project level development plans and parcel -specific subdivision mapping.
Technical Evaluation of Environmental Issues
BIOLOGICAL RESOURCE ASSESSMENTS
Dudek's professional staff of biologists regularly work and consult with the U.S. Fish and Wildlife Service (USFWS),
U.S. Army Corps of Engineers (USACE), CDFW, and the Regional Water Quality Control Boards to obtain project -
specific permits that keep projects on schedule and in compliance. Our staff includes experts in botany,
mammalogy, herpetology, entomology, ornithology, habitat assessment and mapping, spatial analysis, and habitat
and wetlands restoration.
Our biologists have state and federal permits for surveying, banding, and trapping special -status species and have
developed innovative USFWS-approved methods to conduct biological fieldwork, including sampling methods to
track wildlife populations. Our biologists are permitted to survey and address endangered and threatened plant
and animal species that may occur within the City's service area.
Requestfor Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 21
DUDEK
CULTURAL STUDIES
Dudek archeologists, paleontologists, and architectural historians offer services from basic constraints studies to
complex mitigation and preservation plans. We are recognized leaders in professional and community outreach, and
we use innovative, thorough approaches to respond quickly and appropriately to project tasks and resource discoveries.
Our Registered Professional Archaeologists (RPA) have more than 100 years' combined experience, are qualified
consultants on local agency lists throughout California, and can cost-effectively respond to the smallest cultural
resource survey while also assembling a crew of a dozen or more seasoned field technicians to address a largescale
surface reconnaissance, significance assessment excavation, and/or a mitigation data recovery program.
ENVIRONMENTAL SITE ASSESSMENTS
Dudek prepares Phase I and Phase II environmental site assessments to evaluate potential
environmental/hazardous waste liabilities associated with project sites. We also prepare reports outlining the
presence of underground storage tanks and other hazardous material storage units. Dudek is knowledgeable
about the latest treatment technologies, and we are expert at methane mitigation. Our team assesses and
distinguishes between geologic and soil hazards addressed by the California Building Code and local regulations.
We also assess hazards that are significant under CEQA. Dudek staff have expertise in underground storage tank
removals and in -field hazardous materials removal.
NOISE IMPACT STUDIES
Our environmental noise and architectural acoustics professionals provide accurate, efficient, and defensible
acoustical analyses and recommendations that meet federal, state, and local regulatory standards, industry
guidance, and client goals. Dudek acousticians conduct noise assessment studies and design effective mitigation
or control strategies, assist with criteria selection and design solutions for noisy construction equipment during
project planning, and assist with all types of architectural acoustics. Our experts also advise on proper interior
acoustics, mechanical system noise control, and sound insulation throughout the project life cycle, from
schematic design through post -construction commissioning support. Specific areas of expertise include
CEQA/NEPA environmental noise studies; environmental/community noise and vibration studies; and
mechanical/heating, ventilation, and air conditioning systems noise and vibration control recommendation
AIR QUALITY STUDIES
Dudek's air quality professionals offer in-depth expertise to cost-effectively navigate complex air quality, health
risk, and GHG emissions requirements for projects throughout California and have substantial experience within
Orange County and the South Coast Air Basin. The Dudek air quality team has extensive experience estimating
criteria air pollutant, toxic air contaminant, and GHG emissions from construction and operation of a variety of
projects. In addition, our team has developed strong relationships with South Coast Air Quality Management
District staff and state agencies (e.g., California Air Resources Board), giving us an up-to-date understanding of
applicable guidance.
Our air quality professionals prepare accurate, legally defensible technical studies to meet aggressive project
deadlines and anticipate potential issues, while addressing them in a timely, effective fashion. We identify project -
specific emission sources, determine appropriate analysis assumptions, accurately estimate project -generated
emissions, evaluate associated potential impacts, and propose feasible emission reduction techniques, as
appropriate. Our analyses use federally and state -recommended models, such as the California Emissions
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 22
mr�= c4
Estimator Model (CalEEMod), California Air Resources Board's EMission FACtors (EMFAC), and OFFROAD for
criteria air pollutants and GHG emission inventories; AERMOD for air dispersion modeling; and HARP2 for cancer
and non -cancer risk assessments for toxic air contaminants. When needed, we customize spreadsheets to
calculate emissions outside of constrained models using industry -standard emission factors and data inputs to
evaluate impacts (or benefits) of a project. Dudek will tailor each analysis consistent with the project objectives,
applicable regulatory environment (including applicable South Coast Air Quality Management District rules and
regulations), and current recommended impact analysis approaches. As GHG analyses are constantly evolving, we
will work with City staff to ensure our approach is consistent with the appropriate regulatory framework and the
City's current approach. We are committed to providing the highest quality analyses for air quality, health risk
assessments, and GHG emissions to meet the City's needs.
Dudek has been on the forefront of energy assessments in accordance with CEQA Guidelines and has developed
methods to estimate project construction and operational petroleum consumption using CalEEMod carbon dioxide
emission estimates and industry standard conversion factors. All facets of energy consumption are presented,
including electricity and natural gas consumption (and production if applicable), and are estimated consistent
with the air quality and GHG emissions assessment. Our CEQA energy analyses highlight project energy efficiency
features to reduce energy consumption and identify applicable regulations that projects would be required to
observe to ensure a project would not result in wasteful, inefficient, or unnecessary consumption of energy
resources or conflict with a plan for renewable energy or energy efficiency.
GREENHOUSE GAS ASSESSMENTS
The Dudek air quality team also has extensive experience estimating GHG emissions from construction and
operation of a variety of projects, including transportation infrastructure improvements, using the same models
identified under B1, Air Quality Studies. As GHG analyses are constantly evolving, Dudek works closely with lead
agency staff to ensure that our approach is consistent with the appropriate regulatory framework and the lead
agency's current approach. Dudek's GHG emissions analyses are presented in accordance with applicable case
law, on the forefront of evolving science and legal defensibility.
HEALTH RISK ASSESSMENTS
Dudek has experience preparing toxic air contaminant emission inventories and performing health risk
assessments associated with the Assembly Bill 2588 Air Toxic "Hot Spots" Program, including construction,
operational, and roadway health risk assessments. We perform ambient air quality analyses for criteria air
pollutants using AERMOD. When appropriate, our team can assist with permitting and permit compliance to
ensure that the CEQA documentation and permit applications are consistent.
HYDROGEOLOGY/WATER QUALITY STUDIES
The Dudek team performs hydrologic, hydraulic, and water quality analyses in support of a broad range of permitting
efforts, including Clean Water Act 401/402/404 permits and CDFW 1600 permits, as well as EIRs and CEQA/NEPA-
related documents. Dudek is familiar with regulatory -driven water quality standards and the way they affect
construction and operation of industrial facilities and linear projects. Dudek engineers, hydrologists, hydrogeologists,
landscape architects, and planners provide proven and complete stormwater, surface water, and groundwater quality
resource services in house. This allows the Dudek team to coordinate planning, design, and project implementation
in a timely and cost-effective manner.
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 23
Our team specializes in preparing stormwater site designs and plans that utilize lasting, low -maintenance, and low -
impact development solutions. Our surface water and groundwater services include hydraulics; well logging and
design; water quality; permit processing; numerical modeling; and analysis, standards development, and research.
Dudek hydrogeologists can assist with project design feature development; water quality impact assessment; and
conformance with state, regional, and local regulations. In addition to our drainage and water quality assessment
services, Dudek has prepared numerous stormwater pollution prevention plans (SWPPP) for compliance with the
requirements of the State Water Resources Control Board General Permit of Discharges of Stormwater Associated
with Construction Activities. Recent changes in the general permit require a Qualified SWPPP Developer (QSD) to
prepare the documentation associated with the permit. Dudek employs numerous QSDs.
Senate Billl 8 and Assembly Bill 52 Notices
Dudek has unique expertise assisting agencies with Native American consultation, including compliance with
California's Assembly Bill (AB) 52 that identifies a new class of resources, tribal cultural resources, and impacts.
Dudek understands that the tribal regions span the State of California and has the required geographic and tribe -
specific relationships in place to help ensure productive tribal engagement. Dudek cultural specialists and project
managers interact with tribes on nearly every project and hold Master Services Agreements with many tribes
throughout the state. Dudek's project experience has covered the entire state and resulted in positive
relationships with all 216 contacts on the Native American Heritage Commission.
TRIBAL CONSULTATION SUPPORT
Dudek also has a strong background in Native American consultation, expert testimony regarding the adequacy of
tribal consultation and outreach, and the appropriate treatment of resources regarded as sensitive or sacred by
Native Californian tribes. Dudek has active and positive relationships with all tribes in the region. Dudek regularly
assists with Native American engagement and consultation for AB 52, relating to Tribal Cultural Resources (TCR);
Senate Bill 18; and Section 106 of the National Historic Preservation Act (NHPA). This often involves review of the
archaeological, historical, academic, and ethnographic record for potential TCR information, then grounding this
information in contemporary AB 52 consultation information. This results in providing recommendations related to
reasonable approaches for management. In addition, Dudek provides on -call support for helping a number of
agencies work through challenging AB 52 issues.
We have extensive experience working in compliance with the Native American Graves Repatriation Act and other
pertinent federal and state regulatory requirements dictating specific treatment of human remains and
associated grave goods.
Our team is sensitive to confidentiality requirements and requests and has worked with various tribes on specific
needs, concerns, document types, access levels, and agency coordination. We are industry leaders in the
processes related to management of TCR, Traditional Cultural Landscapes, and other considerations relating to
Native American cultural places and values. Our team has a strong background in Native American consultation,
including expert testimony experience regarding the adequacy of tribal consultation and outreach, as well as the
appropriate treatment of resources regarded as sensitive or sacred by Native Californian tribes and individuals.
Dudek cultural resource managers focus on early and ongoing outreach strategies to capture "meaningful
consultation" as stipulated by federal law under Section 106 of the NHPA and codified in AB 52. Our cultural
resources team will coordinate with state- and federally recognized Native Californian groups to collect data from
the Native American Heritage Commission Sacred Lands File, gather archaeological site information, and identify
traditional cultural resources and plant -gathering locations through outreach with tribal representatives and
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 24
DUDEK
individuals identified by the Native American Heritage Commission. We complete ethnographic research using
primary sources, such as individual interviews and oral histories, as well as respected secondary sources. Our
team has expertise in researching and recording prehistoric sites considered sacred to local Native American
tribes. This extensive hands-on experience will be brough to bear on all tasks that require Native American
consultation consistent with City's goals, policies, and regulatory obligations.
Peer Review of Environmental Documents
The Dudek team of CEQA/NEPA planners and technical experts have an extensive background in the analysis and
management of environmental resources and compliance with local, state, and federal regulations. Our technical
expertise has afforded us the opportunity to complete many third -party peer reviews of technical reports and
environmental documents subject to CEQA, NEPA, and the CCA. Over the years, our technical experts have
provided peer review services on behalf of project applicants and agencies, including projects with cross -cutting
federal, state, and local requirements.
Most recently, we have held peer review contracts with the City of Anaheim for Disneyland Forward peer review of
the Supplemental EIR and technical studies and the City of Costa Mesa for peer review of CEQA and technical
studies for a drive -through Starbucks.
Permit Applications and Regulatory Agencies
Dudek provides reliable, scientifically based information tailored to address the specific requirements and
standards of the relevant agencies and permits. We have prepared and implemented compliance monitoring and
reporting platforms that streamline compliance and provide an easy -to -use interface for City project managers.
Our scientists have worked extensively with local staff at the federal and state resource agencies, including USACE
(404 Individual and Nationwide), CDFW (1601, 1602, 1603, and 2081), Regional Water Quality Control Board
(401, 402), CCC, and USFWS (Section 7, 4[d], and 1Oa consultations) and can support response to comments
and other coordination required to ensure permit compliance. We have developed outstanding relationships with
regional resource agency personnel and have cultivated a reputation for superior and comprehensive
jurisdictional delineations, permit applications, mitigation plans, biological studies, and GIS services. Our positive
reputation and relationships will help to reduce any agency uncertainty concerning our technical studies and
permit applications, resulting in a more expeditious permit process for the City.
The permitting strategy developed must meet the City's needs, including project budgets, schedules, and
outcomes, so it is imperative that Dudek understands City needs on a project -by -project basis. Dudek will gather
the necessary information, as requested by the City, to assist in developing an informed permit strategy. Dudek
will review available information provided by the City, complete a literature review and database query, conduct a
reconnaissance survey, and/or prepare technical studies. Dudek's approach to regulatory coordination includes
preparation of complete applications, beginning with a clearly defined project description that considers all
environmental ramifications of the project. Our permit application package includes a well -prepared jurisdictional
delineation; clear project description; environmental documentation for the proposed project, including CEQA
documentation; biological reports with listed species fully described and supported by focused survey data, as
appropriate; cultural resources reports; site history, including previous contact with resource agencies; site visits;
meetings notes; well -developed conceptual mitigation plans; and detailed impact analyses. Our impact analyses
are prepared using GIS software for accurate, reliable results. We utilize the USACE Mitigation Ratio
Determination Checklist and the Before/After Mitigation/Impact table to verify suitability of compensatory
mitigation for specific project impacts.
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 25
DUDEK
Cultural Resources Monitoring
Dudek senior archaeologists hold the necessary permits to conduct cultural resources investigations on federal
and state lands and are Secretary of the Interior -qualified principal investigators and field directors. Our cultural
resource project managers are familiar with variations in lead agency cultural resource guidelines and
standardized methods, as well as the need to coordinate various agencies when project interests have
overlapping jurisdictions.
We specialize in identifying and treating resources that may constrain project implementation. Our team designs
and implements significance assessment programs and treatment plans for projects administered at the local,
state, and federal level. We are permitted to conduct cultural resources investigations on federal and state lands
and are listed on local registers and with the Register of Professional Archaeologists. '
Dudek has several tools for assessing subsurface archaeological deposits, including ground -penetrating radar
(GPR) using EKKO Project and GPR-Slice software, in addition to various hollow -stem augers, to extract cores with
minimal subsurface disturbance. We also use resource recordation and condition assessment tools on multiple
platforms (e.g., Trimble GPS receivers, smartphones and tablets, and cloud databases). These tools reduce field
and lab costs by as much as 30% and increase the accuracy and reliability of resource documentation. Real-time
recording and reporting provide clients accurate information on discoveries as they occur, allowing appropriate
responses to be formulated and implemented with minimal downtime.
ARCHAEOLOGICAL RESOURCES
California is rich with historic architecture and property spanning all regions across the state. In consideration of
potential impacts to historical resources, the Dudek team of qualified architectural historians conduct California
Historical Resources Information System (CHRIS) records searches to determine whether previously recorded
historical resources are present. We also conduct intensive project area surveys, including taking detailed
photographs of all historic -age buildings and structures, documenting character -defining features, and taking
detailed notes regarding integrity. If previously unevaluated historical resources are present, Dudek will record and
evaluate them for historical significance.
If and when historical resources are identified within a project area, the Dudek team of historic built environment
and CEQA experts work closely with project owners to consider the various types of mitigation for avoiding a
significant impact or adverse effect. In instances where a significant impact/effect is unavoidable, Dudek provides
the expertise needed to proceed with all feasible mitigation.
PALEONTOLOGICAL RESOURCES
The Dudek paleontology resources team offers a full suite of services, including paleontological surveys and
assessments; construction monitoring; and fossil recovery, conservation, identification, and curation. We take pride
in our high professional and scientific standards and ethics, innovative approaches to paleontological resources
management challenges, and the timely and cost-effective delivery of services and study results. We have
experience working under a wide variety of paleontological assessment and mitigation protocols, including local,
county, and state guidelines (most commonly, the Society of Vertebrate Paleontology guidelines), as well as federal
agency assessment protocols such as the U.S. Bureau of Land Management, U.S. Forest Service, and USACE. Our
staff have experience preparing pre -project paleontological resource assessments under a wide variety of agency
guidelines and regulations (e.g., paleontological inventory reports, evaluation reports, and resource management
plans) and routinely write paleontological analyses for CEQA/NEPA documents.
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 26
HISTORICAL RESOURCE ASSESSMENTS
The Dudek built environment team is led by experienced architectural historians and historic preservation experts
specializing in historic resource significance evaluations in consideration of the National Register of Historic Places, the
California Register of Historical Resources, and local -level evaluation criteria and integrity requirements.
Our team has conducted thousands of historical resource evaluations and developed detailed historic context
statements for a multitude of property types and architectural styles, including private residential, commercial,
transportation, industrial, educational, medical, ranching, mining, airport, and cemetery properties, as well as a
variety of engineering structures and water conveyance resources. They have also provided expertise on
numerous projects requiring conformance with the Secretary of the Interior's Standards for the Treatment of
Historic Properties, served as third -party review consultants, and served as expert witnesses in legal proceedings.
Participation in Community Meetings and Public Hearings
Dudek staff can support City staff in community outreach meetings and public hearings. Under CEQA, we run
public scoping meetings as a part of those project scopes, preparing the PowerPoint presentations, fielding
questions, and taking note of public comments. Our planning team also has extensive experience running public
outreach meetings to gather public input on community plans. During public hearings, Dudek staff is frequently
called upon as extension of staff to answer questions about complex technical analyses and answer planning
commissioners and city council questions about the CEQA process. Our goal during public hearings is to provide
the information decision -makers need to vote on approval of a project.
Request for Qualifications No. 25-31- On -Call Professional and Technical Environmental Services 27
EXHIBIT B
SCHEDULE OF BILLING RATES
DUDEK Page B-1
DUDEK 2025 Standard Schedule of Charges
Engineering Services
Project Director.........................................................................$345.00/hr
Principal Engineer III.................................................................$320.00/hr
Principal Engineer II.................................................................$300.00/hr
Principal Engineer I..................................................................$290.00/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 III/Technician III...........................................$220.00/hr
Project Engineer II/Technician II.............................................$210.00/hr
Project Engineer I/Technician I...............................................$190.00/hr
3D Production Manager...........................................................$220.00/hr
Senior Designer II.....................................................................$210.00/hr
Senior Designer I......................................................................$200.00/hr
Designer....................................................................................$190.00/hr
Assistant Designer....................................................................$185.00/hr
CADD Operator III......................................................................$180.00/hr
CADD Operator II.......................................................................$170.00/hr
CADD Operator I........................................................................$155.00/hr
CADDDrafter.............................................................................$145.00/hr
CADD Technician......................................................................$125.00/hr
Project Coordinator..................................................................$160.00/hr
Engineering Assistant...............................................................$125.00/hr
Environmental Services
Senior Project Director.............................................................$330.00/hr
Project Director.........................................................................$285.00/hr
Senior Specialist V....................................................................$260.00/hr
Senior Specialist IV...................................................................$245.00/hr
Senior Specialist III..................................................................$235.00/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...............................................................................$165.00/hr
Specialist I................................................................................$155.00/hr
AnalystV...................................................................................$145.00/hr
AnalystIV..................................................................................$135.00/hr
AnalystIII...................................................................................$125.00/hr
AnalystII....................................................................................$115.00/hr
AnalystI.....................................................................................$105.00/hr
Technician III..............................................................................$90.00/hr
Technician II...............................................................................$80.00/hr
Technician I................................................................................$70.00/hr
Mapping and Surveying Services
Application Developer II..........................................................$220.00/hr
Application Developer I...........................................................$155.00/hr
GIS Analyst V............................................................................$205.00/hr
GIS Analyst IV...........................................................................$17O.00/hr
GIS Analyst III............................................................................$150.00/hr
GIS Analyst II.............................................................................$135.00/hr
GIS Analyst I..............................................................................$125.00/hr
LIASPilot...................................................................................$145.00/hr
SurveyLead.............................................................................$235.00/hr
Survey Manager.......................................................................$210.00/hr
Survey Crew Chief.....................................................................$165.00/hr
Survey Rod Person...................................................................$120.00/hr
Survey Mapping Technician.......................................................
$95.00/hr
Construction Management Services
Principal/Manager....................................................................$195.00/hr
Senior Construction Manager.................................................$185.00/hr
Senior Project Manager...........................................................$180.00/hr
Construction Manager.............................................................$175.00/hr
Project Manager.......................................................................$170.00/hr
Resident Engineer....................................................................$175.00/hr
Construction Engineer..............................................................$170.00/hr
On -site Owner's Representative..............................................$160.00/hr
Prevailing Wage Inspector.......................................................$155.00/hr
Construction Inspector.............................................................$145.00/hr
Administrator/Labor Compliance............................................$120.00/hr
Hydrogeology/HazWaste Services
Project Director.........................................................................$335.00/hr
Principal Hydrogeologist/Engineer III.....................................$310.00/hr
Principal Hydrogeologist/Engineer II......................................$300.00/hr
Principal Hydrogeologist/Engineer I.......................................$290.00/hr
Senior Hydrogeologist V/Engineer V.......................................$265.00/hr
Senior Hydrogeologist IV/Engineer IV.....................................$255.00/hr
Senior Hydrogeologist III/Engineer III.....................................$245.00/hr
Senior Hydrogeologist II/Engineer II.......................................$235.00/hr
Senior Hydrogeologist I/Engineer I.........................................$225.00/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
HazMat Field Technician..........................................................$125.00/hr
District Management & Operations
District General Manager.........................................................$230.00/hr
District Engineer.......................................................................$215.00/hr
Operations Manager...............................................................$165.00/hr
District Secretary/Accountant................................................$145.00/hr
Collections System Manager...................................................$145.00/hr
Grade V Operator......................................................................$135.00/hr
Grade IV Operator.....................................................................$115.00/hr
Grade III Operator.....................................................................$110.00/hr
Grade II Operator........................................................................$90.00/hr
Grade I Operator.........................................................................
$80.00/hr
Operator in Training...................................................................
$75.00/hr
Collection Maintenance Worker ...............................................
$80.00/hr
Creative Services
Creative Services IV..................................................................$175.00/hr
Creative Services III..................................................................$150.00/hr
Creative Services II...................................................................$140.00/hr
Creative Services I....................................................................$125.00/hr
Publications Services
Technical Editor IV....................................................................$175.00/hr
Technical Editor III....................................................................$150.00/hr
Technical Editor II.....................................................................$14O.00/hr
Technical Editor I......................................................................$125.00/hr
Publications Specialist IV.........................................................$130.00/hr
Publications Specialist III.........................................................$115.00/hr
Publications Specialist II..........................................................$110.00/hr
Publications Specialist I...........................................................$100.00/hr
Clerical Administration...............................................................
$90.00/hr
ExpertWitness - Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates.
Emergencyand Holideys - Minimum charge oftwo 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
Prevailing Wage -The rates listed above assume prevailing wage rates do not apply. If
this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
DUDEK EFFECTIVE JANUARY 1, 2026
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 and employees.
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
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.
DUDEK Page C-1
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
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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
and employees 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
and employees 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:
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
DUDEK Page C-2
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
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.
DUDEK Page C-3
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
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