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HomeMy WebLinkAboutC-4466DocuSign Envelope ID: 39E152FE-6FC6-462D-989F-OE024D89738A AMENDMENT NO. 1 TO AMEND PROFESSIONAL SERVICES AGREEMENT TO COMPLETE A NEW ENVIRONMENT JUSTICE ELEMENT IN CONJUCTION WITH THE SAFETY'S ELEMENT BY AND BETWEEN THE CITY OF ARCADIA AND DUDEK This Amendment No. 1 ("Amendment") is hereby entered into by and between the City of Arcadia ("City"), a charter city organized under the Constitution and laws of the State of California, and Dudek ("Consultant"), a California Corporation, with respect to that certain Professional Services Agreement between the parties dated March 2, 2022 ("Agreement"). The parties agree as follow: 1. Pursuant to Section 3 of the "Agreement", the term is hereby extended to June 30, 2024 ("Extended Term"). 2. The Scope of Services is more particularly described in Exhibit "A" attached hereto. These services include the completion of a new Environmental Justice Element, as part of the overall General Plan Update project, public engagement, and a Negative Declaration in conjunction with the Safety Element Update. The budget for these tasks shall not exceed $38,874. 3. All the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. [SIGNATURES ON NEXT PAGE] CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING ARCADIA GENERAL PLAN SAFETY ELEMENT UPDATE This Agreement is made and entered into as of k`:i � Z , 2022 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91006 ("City"), and Dudek, a California corporation with a place of business at 38 North Marengo Avenue, Pasadena, California 91101 (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: Arcadia General Plan Safety Element Update (hereinafter referred to as"the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. 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." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $29,973.20. 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. 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 1 Updated Feb.2020 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. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Consultant shall complete the services required hereunder within seven (7) months substantially in compliance with the"Activity Schedule" set forth in "Exhibit C". The Notice to Proceed shall set forth the date of commencement of work. 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. 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 Consultant's services will be performed in accordance with generally accepted 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. 2 Updated Feb.2020 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 (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 Consultants 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. 3 Updated Feb.2020 (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. Workers' Compensation/Employer's Liability (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 for workers' compensation or to undertake self-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 "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain,for the period required by this Agreement, workers' compensation coverage of the same 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 4 Updated Fcb.2020 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 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence 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 insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-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. 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 shall each contain a provision stating that Consultant's policy is primary insurance and that any 5 Updatcd Feb.2020 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 the Consultant's 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. Additional Insurance Provisions (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. 6 Updated Feb.2020 (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's choosing), indemnify and hold the 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 Consultant's services,the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant's obligations to defend, indemnify, and/or hold harmless arise out of Consultant's performance of"design professional services" (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant's obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant's proportionate percentage of fault. 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 performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is$15,000 or more for maintenance or$25,000 or more for construction,alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and 7 Updated Feb.2020 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). b. If the services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the 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. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility 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 affect Consultant's performance of services, including any delay, shall be Consultant's sole 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. 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 Los Angeles, State of California. 16. 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 8 Updated Feb.2020 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 this Agreement upon thirty(30)calendar days'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. 17. 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. 18. Organization Consultant shall assign Rose Newberry as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. 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: CITY: CONSULTANT: City of Arcadia Dudek 240 West Huntington Drive 605 3rd Street Arcadia, CA 91006 Encinitas, CA 92024 Attn: Fiona Graham Attn: Legal Dept. Development Services Department and shall be effective upon receipt thereof. 21. 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. 9 Updated Feb.2020 22. 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. 23. 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. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. 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. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. 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, 10 Updated Feb.2020 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. [SIGNATURES ON FOLLOWING PAGE] 11 Updated Feb.2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND DUDEK IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA DUDEK By: By:, ature City Manager Date: ynppL,},1 7_ 202-L Its: President and Chief Executive Officer Joseph Monaco ATTEST: Printed Name BY: Date: o2/ilo%?C7d� 4yCI&k " APPROVED AS TO FORM By: C.--ry 4-7 z-- �} Q Signature By: v Its: Chief Financial Officer Stephen P. Deitsch City Attorney Christine Moore Printed Name 12 Updatcd Feb.2020 EXHIBIT A Scope of Services Task 1: Project Management Dudek will prepare for and attend a kickoff meeting with City staff to review the scope of work and to discuss project expectations, deliverables, schedule, work products, and availability of background data and reports. Dudek will prepare a critical path schedule with detailed explanations of project stages and milestones. To best coordinate and communicate throughout the project duration, Dudek will create an internal file sharing hub, an online GIS database through Urban Footprint, and a list of data needs. Dudek will participate in monthly 30 minute project calls or virtual meetings with City staff. Dudek planners will be available for discussion as necessary to achieve a successful outcome of the scope of services. Dudek will also provide monthly invoices. Dudek's support of the Safety Element's hearing process is detailed in Task 3. Task 1 Deliverables • Kickoff meeting with City staff • Detailed project schedule • Link to internal document sharing • Request for Information and Data • Monthly invoices • 30-Minute Monthly Virtual Project Meetings Task 2: Safety Element Update In accordance with SB 379, Dudek will review relevant climate-related hazards, including extreme heat, flooding, and wildfire and update relevant background information in accordance with the most recent requirements of the Office of Planning and Research (OPR) Guidelines and requirements. Task 2.1: Information Collection and Regulatory Updates Dudek will begin the Safety Element Update with data collection and plan review. During the kickoff meeting, Dudek will ask City staff for available City data and planning documents to aid in the collection process of GIS data files and all relevant existing documents and materials. In Dudek's experience, required hazard risk data is publicly available from state and/or federal agencies. Dudek would obtain this data as part of our scope. Other data necessary for vulnerability assessments includes locations of local public assets (e.g. schools, community centers, libraries, public facilities). Dudek will include this in our data needs to be provided by the City, but if the City cannot provide the information, Dudek will work to find ways to meet CalFire and state requirements as part of this scope. Dudek will review applicable City plans, including the existing Safety Element, Hazard Mitigation Plan, General Plan Elements, and other plans identified by City staff during the kickoff meeting for internal consistency and compliance with state laws. Dudek will evaluate the existing data and identify any additional data needs early in the planning process. It is assumed that data will be collected from the City, 13 Updated Feb.2020 outside agencies, and other relevant sources. Dudek will include necessary data in our data needs, but if the City cannot provide the information, we can work to find ways to meet CALFIRE and State requirements. If additional technical studies are required, Dudek will identify whether a change in the scope of work may be necessary and assist the City in addressing additional needs. Per Government Code Section 65302, Dudek will ensure that the City's Safety Element contains adequate fire hazard and climate adaptation discussion and strategies as outlined in state guidance documents, such as the OPR Fire Hazard Planning document. Dudek will create a "regulatory crosswalk" (i.e., an organized approach for identifying regulatory requirements) that includes the key legal requirements of SB 379, SB 1241, and Assembly Bill (AB) 2140, as well as the recommendations included in the California Adaptation Planning Guide 2.0, 2017 OPR General Plan Guidelines, and OPR Fire Hazard Planning document. This review will identify each section of the Safety Element that requires updating, including a vulnerability assessment, policy changes and updated data for maps and/or tables. These changes will be listed in the crosswalk and include the page number and recommended updates. Dudek will coordinate with City staff to ensure that any required updates are consistent with the other General Plan Elements. Using the regulatory crosswalk, Dudek will begin to add the necessary Safety Element background information, such as a vulnerability assessment, and update data and maps to achieve state requirements and City goals. In accordance with SB 1035, Dudek will review current local policy(including the existing General Plan and Local Hazard Mitigation Plan)and compare it to the OPR Fire Hazard Planning General Plan Technical Advice Series Document. Dudek will also review evacuation routes, including minimum road widths and clearances around structures, as well as peak load water supply requirements for wildfire. Task 2.2: Safety Element Preparation For this task, Dudek assumes that the City will provide a Microsoft Word document of the previous Safety Element. Dudek will prepare a focused red-line Safety Element Update to address the requirements of SB 379 and OPR Fire Hazard planning guidelines. Dudek will build on the previous task to prepare goals based on state requirements. From these goals, Dudek will create policies that can be seamlessly integrated into City policy, focusing on modification to existing policies. These goals and policies will be compared to OPR guidelines, Federal Emergency Management Agency requirements, California Office of Emergency Services, and AB 2140 requirements. This scope also includes preparation of supporting figures and maps. Dudek will provide City staff with one Microsoft Word document file and one PDF of the draft Safety Element. Dudek assumes one round of review and combined comments from City staff. Dudek will then develop and provide the final Safety Element in the form of three hard copies, one Microsoft Word document, and one PDF. Task 2 Deliverables • Vulnerability Assessment • Regulatory Crosswalk Document • One(1) Draft Safety Element(electronic copies—Microsoft Word and PDF) 14 Updated Feb.2020 • One(1) Final Safety Element (electronic copies—Microsoft Word and PDF) • Three (3) hard copies of the Final Safety Element Task 3: Public Outreach and Hearings Dudek will support the Safety Element's hearing process. Prior to Planning Commission and City Council hearings, Dudek will assist the City with the California Department of Forestry and Fire Protection (CAL FIRE) review process, working through CAL FIRE comments in up to two virtual calls. Dudek will work with CAL FIRE staff and perform one round of edits on the Draft Safety Element. Dudek will also attend the Resource Protection Committee Hearing and be available to answer questions if they come up. Dudek will create presentation slides and support one presentation to the City Planning Commission and one to the City Council. For the two public hearings, Dudek will be available in- person to present, co-present alongside City staff, or support staff presentations. Dudek understands that this Safety Element update builds off recent General Plan updates that had their own outreach efforts. Dudek will consider and incorporate previous outreach efforts into the update as possible, and offers Task 5, Optional Public Outreach, for City consideration. Task 3 Deliverables • Up to two (2) one-hour conference calls with CAL FIRE staff • Attendance and response to questions at one(1) Resource Protection Committee Hearing • PowerPoint slides and presentation for one (1) Planning Commission and one (1) City Council Hearing Task 4: Environmental Review Dudek assumes that a Negative Declaration (ND) will be the appropriate document to satisfy CEQA requirements because we do not anticipate that the Safety Element Updates would result in significant adverse impacts to the physical environment. The revisions to the elements will build on the existing elements and previous analysis prepared for the General Plan. Although not anticipated, in the event that the findings of the Initial Study (IS) conclude that that the policies, programs, implementation measures, or other component of the Safety Element could result in significant adverse impacts to the physical environment, Dudek will discuss with the City and provide a scope of services to complete a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR). Task 4.1: Administrative Draft Negative Declaration Project Description Dudek will develop a project description that summarizes the key components of the Safety Element Update,with particular focus on the identified goals, policies, implementation measures, and programs within the elements. Dudek assumes that the Safety Element Update will not result in any specific physical development projects. 15 Updated Feb.2020 Background Document Review Dudek's CEQA planners will review the City's General Plan to document existing environmental conditions within the City, and will review policies from other General Plan elements that may be relevant to the implementation of the Safety Element Update. Preparation of the Administrative Draft IS/ND Dudek will utilize Appendix G of the CEQA Guidelines as well as City guidance to ensure that necessary information and analysis is included in the IS/ND. Each section will provide a description of the relevant physical conditions and regulatory requirements and assess the project's impacts. All resources utilized in the preparation of the IS/ND and a list of preparers will be cited in respective sections of the document. Dudek will compare the environmental baseline conditions with the anticipated implementation of the Safety Element to identify any potential physical environmental impacts associated with the Safety Element. It is assumed no potential impacts as a result of the project will be identified. We will submit the administrative draft IS/ND to City staff for review and make any final changes and revisions to the administrative draft IS/ND as requested by City staff. Assumptions: • No physical development projects will be included in the Safety Element Update; • No potential significant impacts as a result of the project will be identified; • No technical reports will be required; • Dudek will respond to one (1) round of consolidated comments from the City on the administrative draft IS/ND; and • AB 52 government-to-government consultation will be handled by the City. Dudek will provide a template AB 52 notification letter to interested Native American tribes. Task 4.2: Public Review Draft Negative Declaration It is our expectation that the revised administrative draft IS/ND submittal will address all prior comments and, thus, will serve as the version for final City approval prior to public review. The subsequent submittal to City staff will include the draft IS/ND. Dudek will also prepare the Notice of Intent (NOI)to Adopt an ND, Notice of Completion, and project summary for submittal to the State Clearinghouse (SCH). Dudek assumes that the City will post the NOI with the County Clerk and provide a date stamped copy for the City's administrative record as proof of posting. Dudek will mail a hard copy of the NOI to all contacts included in the distribution list. Dudek assumes that the City will prepare the distribution list for the IS/ND. The distribution list would include all appropriate state and local agencies, Native American tribes, service providers, and interested parties. Dudek will handle production and distribution of the draft IS/ND for the public review period. AB 819 will allow this review period to be 20 days if City staff prefer. Dudek recommends that the IS/ND be posted on the City's website for interested parties to access during the public review period. Assumptions: • Attendance will not be necessary at a public meeting for the draft IS/ND; 16 Updated Feb.2020 • The revised administrative draft IS/ND submittal will satisfactorily address all prior City comments; • No hard copies of the draft IS/ND will be submitted to SCH; and • The City will post a notice in the local newspaper, if desired. Task 4.3: Final Negative Declaration and Notice of Determination The following sections will make up the final ND, which will be attached to the draft IS/ND. Dudek assumes one electronic round of review/comments/revisions between the City and Dudek, with consolidated comments provided to Dudek in Microsoft Word format. Dudek recommends the final ND be made available on the City's website. Responses to Comments After the public circulation period closes, Dudek will review comments received on the draft document and consult with the City regarding any substantive comments. If warranted, Dudek will prepare written responses to substantive comments and/or a memo discussing the public comments. Although responses to comments on a draft IS/ND are not required (other than requirements relative to state agencies), this approach is intended to assist the decision makers by providing them a full understanding of the public's concerns, if any, during approval of the Safety Element and IS/ND. The budget for this task assumes that Dudek would respond to no more than 15 individual comments (one comment letter may contain multiple individual comments) received during the public review period for the IS/ND. Revisions to the Draft IS/ND If applicable, a discussion of any revisions made to the draft IS/ND, based on comments received during the public review period, will be included in the final ND. Notice of Determination Dudek will prepare the Notice of Determination (NOD)and the City will file the NOD with the County Clerk and SCH within 5 days of approval of the ND. The City will be responsible to providing a check for review fees required by the California Department of Fish and Wildlife. This fee is required at the time the NOD is filed. Assumptions: • Dudek will respond to one (1) round of comments from the City for the final ND. Task 4 Deliverables • One(1) NOI and Public Review Draft IS/ND (electronic copies—Microsoft Word and PDF) • Three (3) hard copies of the NOI and Public Review Draft IS/ND to City staff • One(1) Final ND (electronic copies—Microsoft Word and PDF) • Three (3) hard copies of the final ND to City staff 17 Updated Fcb.2020 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. TOTAL DUDEK OTHER TOTAL DUDEK LABOR DIRECT FEE HOURS COSTS COSTS Task 1 Project Management 30 $4,270.00 $4,270.00 Task 2 Safety Element Update Information Collection and 2.1 Regulatory Updates 47 $6,165.00 $6,165.00 I Safety Element 2.2 Preparation 42 $5,990.00 $5,990.00 Subtotal Task 2 89 $12,155.00 $12,155.00 Public Outreach and Task 3 Hearings 28 $4,970.00 $263.20 $5,233.20 Task 4 Environmental Review Administrative Draft 4.1 Negative Declaration 19 $3,935.00 $3,935.00 Public Review Draft 4.2 Negative Declaration i 9 $1,960.00 $1,960.00 Final Negative Declaration and Notice of 4.3 Determination 11 $2,420.00 $2,420.00 Subtotal Task 4 39 $8,315.00 $8,315.00 Total Hours 186 Total $29,710.00 $263.20 $29,973.20 Staff Hourly Rates Dudek Staff Position Hourly Rate Asha Bleier Project Director/Environmental $245.00 Rose Newberry Specialist II $145.00 Henry Eckold Analyst IV $110.00 Jason Neuman Specialist III $160.00 Kristin Starbird Senior Specialist IV $230.00 Raoul Ranoa Graphic Designer IV $160.00 Hannah Wertheimer-Roberts Technical Editor II $130.00 Various Publications Specialist $90.00 18 Updated Fcb.2020 19 Updated Feb.2020 EXHIBIT C Activity Schedule Arcadia Safety Element Update Proposed Project Schedule 2022 Tasks Mat A May Ain Task 1:Project Management Dio,ect coff Monthly Meetings U 0 Task 2:Safety Element Update • 2 1- Information Collection and Regulatory Updates 3 Safety Element Preoaraton ./11111410 Task 3:Public Outreach and Hearings 3 1 Resouice Prctec-.cn C011`111 ttee Hearing 3 2:Planning Commiss&on Meeting 0 3 3 C ty Council Hearing Task Environmental Review 4 1 Administrative D'art Negatve Declaration 411111111111111111111111111111110 42:Public Review Draft Negative Declaration 01.11.11111/111111111. 4 3 Final Negate Declaration and Notice of Determination • Meetings and Hearings amie City Review Periods .1MED. Project Kickoff Meeting:3/3/2023 Work in Progress 3. Monthly Meetings 3. Resource Protection Committee Meeting 6/S/2022 4. Planning Commission Meeting:6.e26/2022 S. C ty Council Hear:ng:7/17i2022 20 Updated Feb.2020 Aco EP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) ‘iii-..--- 8/28/2022 8/18/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NCONTACT AME' 444 W.47th Street,Suite 900 PH(A/ONo,EXu: (NCFAX,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED DUDEK INSURER B:Continental Casualty Company 20443 1474534 605 THIRD STREET INSURER C:American Guarantee and Liab. Ins.Co. 26247 ENCINITAS CA 92024 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 16770621 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS (MMIDD/YYYY) (MMIDDIYVYY) A X COMMERCIAL GENERAL LIABILITY Y Y GL00146311 8/28/2021 8/28/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE CLAIMS-MADE X OCCUR PREMISES Ea occcur ence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PET X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER. $ A AUTOMOBILE LIABILITY y Y BAP0146329 8/28/2021 8/28/2022 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED AUTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ XXXXXXX HIRED ONLY ANUTOSWN ONEDD PROPERTY DAMAGE $ XXXXXXX (Per accident) $ XXXXXXX C X UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2021 8/28/2022 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ XXXXXXX A WORKERS COMPENSATION Y X PER STATUTE ERH AND EMPLOYERS'LIABILITY Y/N WC0146330 8/28/2021 8/28/2022 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 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