17-0919_DUDEK_Professional Services Agreement Amd No. 2 AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
DUDEK
1. Parties and Date.
This Amendment No. 2 to the PROFESSIONAL SERVICES AGREEMENT is made and
entered into as of this 19th day of September, 2017, by and between the City of San Juan Capistrano,
a municipal organization organized under the laws of the State of California with its principal place
of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Dudek, a
California Corporation with its principal place of business at 605 Third Street, Encinitas, CA 92024
("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"PERSONAL SERVICES AGREEMENT" dated June 21, 2011 ("Agreement") for the purpose of
retaining the services of Consultant to provide biological monitoring services for the 2C
Ranch/Trabuco Creek Habitat Restoration Project.
2.2 Amendment No. 1. On January 1, 2016, the City and Consultant entered into First
Amendment to the Agreement ("Amendment No. 1") to extend the term of the Agreement. Due to
typographical error, Amendment No. 1 referred the Agreement as the "Personal Services
Agreement" instead of"Professional Services Agreement."
2.3 Amendment No. 2. With this Amendment No. 2 to the Agreement ("Amendment No.
2"), the City and the Consultant now desire to amend the Agreement to increase the not-to-exceed
compensation amount of the Agreement.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 6 of
the Agreement.
3. Terms.
3.1 Amendment to Section 3.1. Section 3.1 of the Agreement is hereby amended in its
entirety to read as follows:
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61147.01000\30091846.1
3.1 Amount.
Total compensation for the services hereunder shall not exceed
$101,991.63 (One hundred one thousand, nine-hundred ninety-one and sixty-three
cents) as set forth in Exhibit "A," attached and incorporated herein by reference.
3.2 Amendment to Exhibit "A". Page 20 (Project Budget) of Dudek's Proposal included
as Exhibit "A" to the Agreement is hereby amended in its entirety to read as provided in Exhibit "A"
to this Amendment No. 2.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 2.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3.6 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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61147.01000\30091846.1
SIGNATURE PAGE FOR AMENDMENT NO.2 TO PERSONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND DUDEK
CITY OF SAN JUAN CAPISTRANO DUDEK
Approvedf,_
Be egeSignature
City Manager
Na l Dudek
Date Frank Dudek
Att s�e� Title President
./)II r fir, I, ed/7
Ma 'a Morris, C't er
Date
Approved As To Form:
City Attorney
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61147.01000\30091846.1
SIGNATURE PAGE FOR AMENDMENT NO.2 TO PERSONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND DUDEK
CITY OF SAN JUAN CAPISTRANO DUDEK
Approved By:
Ben Siegel Signature
City Manager
Name
Date
Attested By: Title
Maria Morris, City Clerk Date
Appro d As To Form:
Ziee7 (t2 fyi4
Ci ttorney
Page 3 of 3
61147.01000\30091846.1
EXHIBIT A
DUDEK
605 Third Street
Encinitas, Ca 92024
Phone: (760) 942-5147 Fax: (760) 632-0164
AGREEMENT AMENDMENT AUTHORIZATION
To:
Client: City of San Juan Capistrano
Address: 32400 Paseo Adelanto
City: San Juan Capistrano State: CA Zip: 92675
Phone: (949)443-6325 Fax:
This form is provided to document Client's written authorization to amend our existing Agreement as
discussed. By documenting Client's written authorization for an Agreement amendment, Dudek hopes to
avoid any misunderstanding between Client and Dudek, and to expedite the changes requested. All other
terms and conditions of the original Agreement between Client and Dudek remain in effect.
Contract Name: Ayako Rauterkus
Contract/Purchase Order No.:
Dudek Job No.: Dudek Project Manager: Stuart Fraser
Contract Effective Date:
AMENDED/ADDITIONAL SERVICES/DISCIPLINE
See Attached Scope of Work.
Original Budget: 95,130 Compensation scheme for this Agreement
Previous Amendments: 0.00 Amendment(choose one of the three options
below):
This Amendment: $6,861.63 Time and Expenses Estimated To ❑
Be:
Reimbursable Costs: Time and Expenses Not to Exceed:
New Agreement Amount: $101,991.63 Fixed Fee Plus Expenses: ❑
Client Authorized
Signature:
Title: Date:
TO EXPEDITE EXTRA SERVICES,PLEASE SIGN AND FAX OR SIGN,SCAN AND E-MAIL BACK TO DUDEK
TABLE I.
2C Ranch/Trabuco Creek
Ammendment for Additional Monitoring
Cost Summary
Employee
Stuart F Fraser Janice Wondolleck
Labor 0 Billing Reimburseables Reimburseables
�MEM
Labor Hours Rates COST BILLING DIRECT COSTS Total
%tJsed'onJob 67% 33%
�i 95.00
1-Field Data Collection 14 14 28 3,780 130 150 3,029.50
2-Evaluate Data and Generate Report 14 14 2,450 - 2,450.00
3-Previous contract overrun 482.13 482.13
Total Hours 28 14 42 6,230 6,230.00
Total Billing 4,900 1,330 6,230 130 150 482 $ 6,861.63
DUDEK 2C Ranch/Trabuco Creek t
DUDEK
2017 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES COMPLIANCE SERVICES
Project Director $270.00/hr Compliance Director $205.00/hr
Principal Engineer III $240.00/hr Compliance Manager $145.00/hr
Principal Engineer II $230.00/hr Compliance Project Coordinator $105.00/hr
Principal Engineer I $220.00/hr Compliance Monitor $95.00/hr
Program Manager $210.00/hr
Senior Project Manager $210.00/hr HYDROGEOLOGICAL SERVICES
Project Manager $205.00/hr Principal $260.00/hr
Senior Engineer III $200.00/hr Principal Hydrogeologist/Engineer $240.00/hr
Senior Engineer II $190.00/hr Sr.Hydrogeologist IV/Engineer IV $225.00/hr
Senior Engineer I $180.00/hr Sr.Hydrogeologist III/Engineer III $210.00/hr
Project Engineer IV/Technician IV $170.00/hr Sr.Hydrogeologist II/Engineer II $195.00/hr
Project Engineer III/Technician III $160.00/hr Sr.Hydrogeologist I/Engineer I $180.00/hr
Project Engineer II/Technician II $145.00/hr Hydrogeologist VI/Engineer VI $160.00/hr
Project Engineer I/Technician I $130.00/hr Hydrogeologist V/Engineer V $150.00/hr
Project Coordinator $100.00/hr Hydrogeologist IV/Engineer IV $140.00/hr
Engineering Assistant $95.00/hr Hydrogeologist III/Engineer III $130.00/hr
Hydrogeologist II/Engineer II $120.00/hr
ENVIRONMENTAL SERVICES Hydrogeologist I/Engineer I $110.00/hr
Principal $240.00/hr Technician $100.00/hr
Senior Project Manager/Specialist II $225.00/hr
Senior Project Manager/Specialist I $215.00/hr DISTRICT MANAGEMENT&OPERATIONS
Environmental Specialist/Planner VI $195.00/hr District General Manager $185.00/hr
Environmental Specialist/Planner V $175.00/hr District Engineer $175.00/hr
Environmental Specialist/Planner IV $165.00/hr Operations Manager $150.00/hr
Environmental Specialist/Planner III $155.00/hr District Secretary/Accountant $100.00/hr
Environmental Specialist/Planner II $140.00/hr Collections System Manager $100.00/hr
Environmental Specialist/Planner I $125.00/hr Grade V Operator $100.00/hr
Analyst III $115.00/hr Grade IV Operator $90.00/hr
Analyst II $105.00/hr Grade III Operator $85.00/hr
Analyst I $95.00/hr Grade II Operator $63.00/hr
Planning Assistant II $85.00/hr Grade I Operator $55.00/hr
Planning Assistant I $75.00/hr Operator in Training $40.00/hr
Collection Maintenance Worker II $60.00/hr
COASTAL PLANNING/POLICY SERVICES Collection Maintenance Worker I $45.00/hr
Senior Project Manager/Coastal Planner II $220.00/hr
Senior Project Manager/Coastal Planner I $210.00/hr OFFICE SERVICES
Environmental Specialist/Coastal Planner VI $200.00/hr Technical/Drafting/CADD Services
Environmental Specialist/Coastal Planner V $180.00/hr 3D Graphic Artist $160.00/hr
Environmental Specialist/Coastal Planner IV $170.00/hr Senior Designer $150.00/hr
Environmental Specialist/Coastal Planner III $160.00/hr Designer $140.00/hr
Environmental Specialist/Coastal Planner II $150.00/hr Assistant Designer $135.00/hr
Environmental Specialist/Coastal Planner I $140.00/hr GIS Programmer I $180.00/hr
CULTURAL AND PALEONTOLOGICAL SERVICES GIS Specialist IV $155.00/hr
GIS Specialist III $145.00/hr
Senior Project Manager/Archaeologist II $215.00/hr GIS Specialist II $135.00/hr
Senior Project Manager/Archaeologist I $205.00/hr GIS Specialist I $125.00/hr
Environmental Specialist/Archaeologist V $185.00/hr CADD Operator III $130.00/hr
Environmental Specialist/Archaeologist IV $165.00/hr CADD Operator II $125.00/hr
Environmental Specialist/Archaeologist III $145.00/hr CADD Operator I $110.00/hr
Environmental Specialist/Archaeologist II $135.00/hr CADD Drafter $100.00/hr
Environmental Specialist/Archaeologist I $125.00/hr CADD Technician $95.00/hr
Environmental Specialist/Architectural Historian II $150.00/hr
Environmental Specialist/Architectural Historian I $125.00/hr SUPPORT SERVICES
Environmental Specialist/Paleontologist II • $165.00/hr Technical Editor III $145.00/hr
Environmental Specialist/Paleontologist I $125.00/hr Technical Editor II $130.00/hr
Paleontological Technician III $85.00/hr Technical Editor I $115.00/hr
Paleontological Technician II $75.00/hr Publications Specialist III $105.00/hr
Paleontological Technician I $55.00/hr Publications Specialist II $95.00/hr
Cultural Resources Technician II $75.00/hr Publications Specialist I $85.00/hr
Cultural Resources Technician I $55.00/hr Clerical Administration II $90.00/hr
CONSTRUCTION MANAGEMENT SERVICES Clerical Administration I $85.00/hr
Principal/Manager $195.00/hr
Senior Construction Manager $180.00/hr Forensic Engineering-Court appearances,depositions,and interrogatories as expert witness
Senior Project Manager $160.00/hr will be billed at 2.00 times normal rates.
Construction Manager $150.00/hr Emergency and Holidays-Minimum charge of two hours will be billed at 1.75 times the
g normal rate.
Project Manager $140.00/hr Material and Outside Services - Subcontractors, rental of special equipment, special
Resident Engineer $140.00/hr reproductions and blueprinting, outside data processing and computer services, etc., are
Construction Engineer $135.00/hr charged at 1.15 times the direct cost.
Travel Expenses-Mileage at current IRS allowable rates.Per diem where overnight stay is
On-site Owner's Representative $130.00/hr involved is charged at cost
Construction Inspector III $125.00/hr Invoices,Late Charges-All fees will be billed to Client monthly and shall be due and payable
Construction Inspector II $115.00/hr upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice.
Client agrees to pay a monthly late charge equal to 1%per month of the outstanding balance
Construction Inspector I $105.00/hr until paid in full.
Prevailing Wage Inspector $135.00/hr Annual Increases-Unless identified otherwise,these standard rates will increase 3%annually.
DUDEK Effective January 1,2017