21-0401_DUDEK, INC._On-Call Professional Services Agreement61147.00150\33802856.1
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CITY OF SAN JUAN CAPISTRANO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ by and
between the City of San Juan Capistrano (City ), and Dudek, Inc. with its principal place of
business at 27372 Calle Arroyo, San Juan Capistrano, CA 92675 (hereinafter referred to as
Consultant ). City and Consultant are sometimes individually referred to as Party and
collectively as Parties in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Skate Park Project (CIP 20201) CEQA Document Preparation
(hereinafter referred to as the Project ).
.
B. Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the provision
of certain professional services required by City on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement (Task Order ).
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit A. The services shall be more particularly described in the individual
Task Order issued by the City or its designee. No services shall be performed unless authorized
by a fully executed Task Order in the form attached hereto as Exhibit C .
2. Compensation.
a. Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as this reference
reference. The maximum compensation for services to be provided pursuant to each Task Order
shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant
under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement and all Task Orders issued hereunder exceed the sum of $ 45,000. This
amount is to cover all printing and related costs, and the City will not pay any additional fees for
printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which
includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
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3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4.Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5.Time of Performance.
The term of this Agreement shall be from April 1, 2021 to December 31,2022, unless
earlier terminated as provided herein. Consultant shall complete the services within the term of
this Agreement, and shall meet any other established schedules and deadlines set forth in each
individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6.Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7.Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8.Standard of Care
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a.Commercial General Liability
(i)The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
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(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
Division IV of the Labor Code of the State of
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Calif
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
type and limits as
specified in this section.
d.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. Covered Professional Services as designated in the policy must
specifically include work performed under this Agreement. The policy must pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend.
e.Minimum Policy Limits Required
(i)The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
$1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii)Defense costs shall be payable in addition to the limits.
(iii)Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f.Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or
-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
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g.Policy Provisions Required
(i)Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications 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 and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h.Qualifying Insurers
(i)All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1)Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i.Additional Insurance Provisions
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(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the C ,
any Task Order or this Agreement, including without limitation the payment of all damages, expert
to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City,
its officials, officers, employees, agents, or volunteers.
b.
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
cost to defend, shall not exceed the
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13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b.
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. City Material Requirements.
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Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a.City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b.Consultant may terminate its obligation to provide further services under
written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in Termination or Abandonment,
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Carey Fernandes as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
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CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Matisse Reischl
CONSULTANT:
Dudek, Inc.
Carey Fernandes
27372 Calle Arroyo
San Juan Capistrano, CA 92675
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
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None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City onsultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
31. Federal Requirements
N/A.
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Requirements) attached hereto and incorporated herein by reference
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
[SIGNATURES ON FOLLOWING PAGE]
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Joseph Monaco
President and Chief Executive Officer
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EXHIBIT A
Scope of Services
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
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1 August 2018
March 23, 2021 EXHIBITS A, B
Paul Meshkin, Senior Civil Engineer
City of San Juan Capistrano
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
Dear Mr. Meshkin:
Dudek is pleased to submit this proposal to prepare California Environmental Quality Act (CEQA) documentation for
the proposed San Juan Capistrano Skate Park project (proposed project) in the City of San Juan Capistrano (City).
The scope of work and approach outlined in this proposal is based on preliminary discussions between Dudek and
the City. Carey Fernandes, our project manager and main point of contact, has prepared CEQA documentation for
cities and public clients throughout the region.
Project Understanding and Assumptions
The City is proposing a 28,300 square foot overall park, with a 21,700 s.f. of skate area, as well as 2,900 s.f. on
non-skate area and 3,700 s.f. of landscape. The park will be accessed through the current ball field parking lot and
will include a bikeway/trail. The project site located off Camino Del Avion but will be access through the parking lot
off Via Positiva.
Implementation of the proposed project would require a specific plan amendment and zone change to change the
land use designations on the project site. Dudek will also conduct a review and analysis of the properties’
designation on the Farmland Mapping and Monitoring Program of the California Resources Agency.
Scope of Work
According to the Request for Proposals (RFP), the selected consultant will be provided with the following technical studies:
• Schematic design
• Any previously prepared technical studies
• Preliminary geotechnical evaluation report
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Mr. Paul Meshkin
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
2 March 2021
Task 1: Cultural and Paleontological Resources Records Search and Site Survey
Cultural Resources Records Search
Dudek will conduct a California Historical Resources Information System records search of the project site and a
0.5-mile radius at the South Central Coastal Information Center, which houses cultural resource records for Orange
County. The purpose of the records search will be to identify any previously recorded cultural resources that may
be located within the project area. In addition to a review of previously prepared site records and reports, the records
search will involve review of historical maps of the project area; ethnographies; the National Register of Historic
Places; the California Register of Historical Resources; the California Historic Property Data File; and the lists of
California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of
Eligibility.
Paleontological Resources Records Search
Dudek will complete a paleontological records search at the Los Angeles County Museum of Natural History
for the project area. Dudek’s archaeologist will be dual-qualified in paleontology survey, and thus, no additional
time will be required for the inventory to inspect for paleontological resources or fossiliferous deposits.
Native American Coordination
The proposed project is subject to compliance with both Senate Bill 18 and Assembly Bill 52, which requires lead
agencies to provide tribes (that have previously requested notification) with early notification of the proposed
project and, if requested, provide consultation to inform the CEQA process with respect to tribal cultural
resources. Senate Bill 18 and Assembly Bill 52 are government-to-government processes between the CEQA lead
agency and California Native American tribes, and, pursuant to the RFP, it is understood that the City will take
care of these requirements. The City has provided all required notification to the Native American Heritage
Commission (NAHC) – listed Native American tribes. The City will provide Dudek with documents that
demonstrate compliance with Senate Bill 18 and Assembly Bill 52.
Pedestrian Survey
Upon completion of the records search, Dudek will survey the project site for cultural resources (including
archaeological and paleontological resources). The survey will require no more than one cross-trained cultural
resources specialist working no more than 4 field hours to complete. Dudek assumes that the survey will be
negative for archaeological and paleontological resources (i.e., no newly discovered archaeological and
paleontological resources will be encountered, and no previously recorded resources will require updates). No
artifacts, samples, or specimens will be collected during the survey. Should any resources be encountered
during the survey requiring recordation, we will work with you to augment this scope of work and associated
costs.
Cultural and Paleontological Resources Letter Report
Dudek will prepare a cultural and paleontological resources letter report that will summarize the results of the
archaeological and paleontological records search, Native American coordination, background research, and
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Mr. Paul Meshkin
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
3 March 2021
cultural and paleontological resources survey. The report will include a brief project description, regulatory
framework, all sources consulted, research and field methodology, setting, and findings.
Deliverables:
• Draft and final cultural resources letter report (electronic copies in PDF format)
Task 2: Screencheck Draft Initial Study (IS)/MND
Consistent with both the CEQA Guidelines Appendix G Environmental Checklist and the City’s local CEQA
implementation guidelines, Dudek will prepare one screencheck draft version of the IS for review and comment by
the City. The screencheck draft IS will identify potentially significant environmental impacts associated with the
proposed project (including construction related impacts) and, if required, feasible mitigation measures
recommended to reduce adverse impacts to less than significant. The screencheck draft IS will be used to
determine which CEQA document (i.e., negative declaration, MND, or EIR) is the most appropriate approach for the
proposed project. Based on experience with similar residential development projects in similar settings, and for the
purpose of the following scope of work and cost estimate, Dudek assumes that preparation of an MND will be the
appropriate CEQA document to discuss, disclose, and analyze potential project impacts.
Environmental setting, impact analyses, and substantiating documentation will be provided to support all responses
and conclusions, including the inclusion of concise tables and high-quality, full-color figures. All environmental
impact areas outlined in Appendix G of the CEQA Guidelines will be discussed and analyzed. The findings of all
technical studies prepared by the project applicant’s consultants and by Dudek will be summarized and
incorporated into the screencheck draft IS/MND to support the significance determinations.
Deliverables:
• Screencheck draft IS/MND (electronic copy in MS Word format)
Task 3: Revised Screencheck Draft IS/MND
Following one round of review and comment on the Screencheck Draft IS/MND by the City, we will make one round
of revisions using track changes in Microsoft Word, within 2 weeks of receipt of City comments. This submittal to
staff will consist of the Revised Screencheck Draft IS/MND, technical studies, and documentation providing
responses to City staff comments, including how/where staff comments on the Screencheck Draft IS/MND have
been addressed in the Revised Screencheck Draft IS/MND.
Deliverables:
• Revised Screencheck Draft IS/MND (electronic copy in MS Word format and 3 bound hard copies)
Task 4: Draft IS/MND
Once Dudek receives confirmation from the City, Dudek will finalize the public review version of the draft IS/MND
and prepare it for posting and distribution. We will post the Notice of Intent (NOI) at both County Clerk’s office and
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Mr. Paul Meshkin
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
4 March 2021
State Clearinghouse, and will distribute the NOI to responsible and trustee agencies, surrounding jurisdictions, and
other interested parties pursuant to the distribution list prepared by the City. Hard copies of the draft IS/MND,
unless otherwise specified as follows, will include technical appendices on a CD affixed to the back cover of the
document. Dudek will distribute the deliverables via U.S. Postal Service certified mail and/or FedEx overnight
service. We will also create an optimized, web-ready PDF of the draft IS/MND and technical appendices for the City
to post online.
Deliverables:
•Draft IS/MND and technical appendices (electronic copy in both MS Word and PDF formats and 3 bound
hard copies with technical appendices on CD affixed to back cover)
•NOI (electronic copy in PDF format, up to 25 hard copies sent to those entities listed on the City’s
distribution list, and 1 hard copy posted at the Orange County Clerk’s office)
•State Clearinghouse Summary Form (electronic copy in PDF format and 15 hard copies sent to the State
Clearinghouse)
•Notice of Completion (electronic copy in PDF format and 1 hard copy sent to the State Clearinghouse)
Task 5: Responses to Comments/Final IS/MND
Dudek will provide responses to comments from all agency and public comments that raise substantive
environmental issues associated with the draft IS/MND. The responses will be thoughtful and thorough, and will
be provided as part of the final IS/MND. Based on the nature of the proposed project and the proximity to
potential stakeholders, it is anticipated that no more 15 comments will be received by the City in relation to the
proposed project. (Note that a single comment letter may include several comments.) If an
irregular/unanticipated number of comments are received beyond the number identified herein, we will work
with you to revise our scope of work.
Dudek will prepare a mitigation monitoring and reporting program (MMRP) pursuant to CEQA Guidelines Section
15097. The MMRP will contain the mitigation measures recommended in the draft IS/MND. This comprehensive
MMRP will provide the City and project applicant with a single source of reference to the full range of mitigation
measures to be implemented to ensure achievement of the impact avoidance envisioned in the draft IS/MND. For
each measure or group of similar measures, the party or parties responsible for ensuring proper implementation
will be identified, along with the timing and method of verification.
The comment letters and responses, MMRP, preface, and, if applicable, a discussion of any minor edits made to the
draft IS/MND as a result of comments will constitute the final IS/MND. Following one round of the City’s review, we will
finalize and mail the final IS/MND to any party who previously provided comments on the draft IS/MND.
Deliverables:
•Draft response to comments/final IS/MND (electronic copy in MS Word format)
DocuSign Envelope ID: 75123142-897F-4938-8979-F3CBD28C79E5DocuSign Envelope ID: AA059CD9-081B-4C30-BB75-92039BE77E66
Mr. Paul Meshkin
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
5 March 2021
• Final Response to Comments/Final IS/MND (electronic copy in both MS Word and PDF formats and 21 1
bound hard copies with technical appendices on CD affixed to back cover)
• Notice of Completion (electronic copy in PDF format and 1 hard copy sent to the State Clearinghouse)
• Notice of Determination (electronic copy in PDF format, 1 hard copy filed at the Orange County Clerk’s
office, and 1 hard copy sent to the State Clearinghouse)
Task 6: Project Meetings and Hearings
The Dudek project manager will attend one virtual project kickoff meeting with City staff to discuss the City’s
expectations for the CEQA process; receive current project plans, technical studies, and building records; identify
any outstanding data needs; establish communication protocols; and refine the environmental entitlement
schedule.
In addition to the initial project kickoff meeting, Dudek’s project manager will prepare for and attend up to three
internal City meetings and three public hearings where the final IS/MND will be considered for recommendation
and approval by the City’s Planning Commission and City Council, respectively.
Deliverables:
• Preparation for and attendance at one project kickoff meeting, up to three internal City meetings, and up
to three public hearings
Schedule
Task
Tentative Date of
Completion
Task 1: Cultural and Paleontological Resources Records Search and Site Survey
6 weeks
Task 2: Screencheck Draft Initial Study (IS)/MND
8 weeks
Task 3: Revised Screencheck Draft IS/MND – City Review 2 weeks/Dudek Revise 2
weeks
4 weeks
Task 4: Draft IS/MND – Public Review 30 days
4 weeks
Task 5: Responses to Comments/Final IS/MND
3 weeks
Task 6: Project Meetings and Hearings
Ongoing
***If Notice to Proceed April 1st – 4.5 months until hearing.
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Mr. Paul Meshkin
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
6 March 2021
Fees
The estimated time-and-materials, not-to-exceed fees to prepare the CEQA documentation and related tasks
outlined in the preceding scope of work are presented in Table 2. The total cost included in this proposal covers the
scope of work previously described, as well as all travel, printing, and associated expenses. Due to potentially
dynamic project considerations, including environmental occurrences, changes in the project description, and/or
modifications in public/private policy, Dudek reserves the right to shift funds among individual task budgets
according to specific needs. This fee estimate is valid for at least 60 calendar days.
Table 2. Estimated Fees
Task Estimated Fee
Task 1: Cultural Resources Records Search and Inventory $7,210
Task 2: Screencheck Draft IS/MND $10,280
Task 3: Revised Screencheck Draft IS/MND $6,835
Task 4: Draft IS/MND $4,680
Task 5: Responses to Comments/Final IS/MND $6,340
Task 6: Project Meetings and Hearings $2,420
Subtotal Professional Labor (plus other direct costs) $37,765.00
10% Contingency $3,777
Total Professional Labor (plus other direct costs and contingency) $41,542.00
Dudek and I appreciate your consideration on this upcoming effort, and we look forward to your review of this proposal.
Please feel free to contact me with any questions by phone at 760.479.4299 or by email at cfernandes@dudek.com.
Sincerely,
Joseph Monaco Carey Fernandes
President Project Manager
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Mr. Paul Meshkin
Subject: Proposal to Prepare CEQA Documentation for the Proposed San Juan Capistrano Skate Park Project
7 March 2021
ENVIRONMENTAL SERVICES
Project Director ........................................................................... $245.00/hr
Senior Specialist IV ..................................................................... $230.00/hr
Senior Specialist III ..................................................................... $220.00/hr
Senior Specialist II ...................................................................... $200.00/hr
Senior Specialist I ....................................................................... $190.00/hr
Specialist V ................................................................................. $180.00/hr
Specialist IV ................................................................................ $170.00/hr
Specialist III ................................................................................ $160.00/hr
Specialist II ................................................................................. $145.00/hr
Specialist I .................................................................................. $130.00/hr
Analyst V .................................................................................... $120.00/hr
Analyst IV ................................................................................... $110.00/hr
Analyst III .................................................................................... $100.00/hr
Analyst II ....................................................................................... $90.00/hr
Analyst I........................................................................................ $80.00/hr
Technician V ............................................................................... $100.00/hr
Technician IV ................................................................................ $90.00/hr
Technician III ................................................................................ $80.00/hr
Technician II ................................................................................. $70.00/hr
Technician I .................................................................................. $60.00/hr
Compliance Monitor ...................................................................... $95.00/hr
DATA MANAGEMENT SERVICES
GIS Programmer I ....................................................................... $185.00/hr
GIS Specialist IV ......................................................................... $160.00/hr
GIS Specialist III ......................................................................... $150.00/hr
GIS Specialist II .......................................................................... $140.00/hr
GIS Specialist I ........................................................................... $130.00/hr
Data Analyst III ........................................................................... $100.00/hr
Data Analyst II .............................................................................. $90.00/hr
Data Analyst I ............................................................................... $80.00/hr
UAS Pilot .................................................................................... $100.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager ....................................................................... $195.00/hr
Senior Construction Manager ...................................................... $180.00/hr
Senior Project Manager .............................................................. $165.00/hr
Construction Manager ................................................................. $155.00/hr
Project Manager ......................................................................... $145.00/hr
Resident Engineer ...................................................................... $145.00/hr
Construction Engineer ................................................................. $140.00/hr
On-site Owner’s Representative .................................................. $140.00/hr
Construction Inspector III ............................................................ $130.00/hr
Construction Inspector II ............................................................. $120.00/hr
Construction Inspector I .............................................................. $110.00/hr
Prevailing Wage Inspector .......................................................... $135.00/hr
HYDROGEOLOGY/HAZWASTE SERVICES
Project Director ............................................................................ $285.00/hr
Principal Hydrogeologist/Engineer II ............................................ $265.00/hr
Principal Hydrogeologist/Engineer I ............................................. $250.00/hr
Sr. Hydrogeologist IV/Engineer IV ................................................ $235.00/hr
Sr. Hydrogeologist III/Engineer III ................................................ $220.00/hr
Sr. Hydrogeologist II/Engineer II .................................................. $205.00/hr
Sr. Hydrogeologist I/Engineer I .................................................... $190.00/hr
Hydrogeologist VI/Engineer VI ..................................................... $180.00/hr
Hydrogeologist V/Engineer V ....................................................... $170.00/hr
Hydrogeologist IV/Engineer IV ..................................................... $160.00/hr
Hydrogeologist III/Engineer III ...................................................... $150.00/hr
Hydrogeologist II/Engineer II ........................................................ $140.00/hr
Hydrogeologist I/Engineer I .......................................................... $130.00/hr
Technician ................................................................................... $100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager ............................................................. $195.00/hr
District Engineer .......................................................................... $185.00/hr
Operations Manager .................................................................... $160.00/hr
District Secretary/Accountant ....................................................... $120.00/hr
Collections System Manager ....................................................... $135.00/hr
Grade V Operator ........................................................................ $125.00/hr
Grade IV Operator ....................................................................... $110.00/hr
Grade III Operator ....................................................................... $100.00/hr
Grade II Operator ..........................................................................$75.00/hr
Grade I Operator ...........................................................................$70.00/hr
Operator in Training .......................................................................$65.00/hr
Collection Maintenance Worker .....................................................$75.00/hr
CREATIVE SERVICES
3D Graphic Artist ......................................................................... $180.00/hr
Graphic Designer IV .................................................................... $160.00/hr
Graphic Designer III ..................................................................... $145.00/hr
Graphic Designer II ...................................................................... $130.00/hr
Graphic Designer I ....................................................................... $115.00/hr
PUBLICATIONS SERVICES
Technical Editor lll ....................................................................... $145.00/hr
Technical Editor ll ........................................................................ $130.00/hr
Technical Editor l ......................................................................... $115.00/hr
Publications Specialist lll .............................................................. $105.00/hr
Publications Specialist ll.................................................................$95.00/hr
Publications Specialist l .................................................................$85.00/hr
Clerical Administration ...................................................................$90.00/hr
Forensic Engineering – Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal
rate.
Material and Outside Services – Subcontractors, rental of special equipment, special
reproductions and blueprinting, outside data processing and computer services, etc., are charged
at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is
involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable
upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client
agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid
in full.
Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually.
The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect
Dudek reserves the right to adjust its rates accordingly.
Effective January 1, 2021
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15
EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. __1___
Agreement: On-Call Professional Services Agreement
Consultant: Dudek, Inc.
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
Preparation of the required CEQA Documentation for the Proposed San Juan Capistrano
Skate Park Project
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed: $45,000.00
Completion Date:June 30, 2021
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all services for the work above specified in
accordance with the Agreement identified above and will accept as full payment therefore the
amount shown above.
CITY OF SAN JUAN CAPISTRANO DUDEK, INC.
Dated: Dated:
By: By:
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3/25/2021 | 1:31:00 PM PDT4/1/2021