HomeMy WebLinkAboutDUDEK Agreement Consultant Services 7-3-23 DocuSign Envelope ID:E54A8EF7-CODA-425A-8D05-E608C69D9F12
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective on
7i3i2023 by and between the CITY OF FRESNO, a California
municipal corporation (City), and DUDEK (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional outreach, vulnerability assessments
for both climate adaptation and environmental justice, a capability assessment, which
analyzes the City's existing policies and organizational structure in order to ensure
efficient implementation, climate adaptation and environmental justice plan reports, and
a climate action assessment of the City's 2021 Climate Action Plan. Services for Climate
Adaptation and Environmental Justice Plan (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as Climate
Adaptation and Environmental Justice Planning and hereby represents that it desires to
and is professionally and legally capable of performing the services called for by this
Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Planning Director
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through June 30, 2025, subject to any earlier termination in accordance
with this Agreement. The services of the Consultant as described in Exhibit A are
to commence upon the Effective Date and shall be completed in a sequence
assuring expeditious completion, but in any event, all such services shall be
completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall not exceed
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$650,000, paid on the basis of the rates set forth in the schedule of fees
and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
The City shall not be obligated to reimburse any expense for which it has
not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense. City agrees to
pay Consultant within thirty (30) days of invoice receipt.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant's compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies, and Force Maleure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i)the Consultant's filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against the Consultant; (ii) seven
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) the City's non-appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily
perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not
in excess of, the City's damages caused by such failure. In no event shall
any payment by the City pursuant to this Agreement constitute a waiver by
the City of any breach of this Agreement which may then exist on the part
of the Consultant, nor shall such payment impair or prejudice any remedy
available to the City with respect to the breach.
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(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Administrator's request, in the event the
Consultant fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Administrator in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, the Consultant shall not, without the prior written consent of the
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in the City.
(b) Any and all writings and documents prepared or provided by the Consultant
pursuant to this Agreement are the property of the City at the time of
preparation and shall be turned over to the City upon expiration or
termination of the Agreement. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
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(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fee, litigation expenses, and costs to enforce this
agreement) that arise out of, pertain to, or relate to the negligence, recklessness
or willful misconduct of the Consultant, its principals, officers, employees, agents,
or volunteers in the performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VI I" in the
Best's Insurance Rating Guide, or(ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in his/her sole discretion.
The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However,
the insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
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(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. The Consultant and any subcontractor/sub-
consultant shall establish additional insured status for the City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) form CG 20 26 04 13 or by an executed manuscript company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 26 04 13.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
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(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.). At any time, upon written request of the City, the Consultant shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, the Consultant and the respective
subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of
any facts giving rise to the appearance of a conflict of interest, the
Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. The Consultant
and any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and
approved by the City Manager, in advance and in writing. Notwithstanding
any approval given by the City Manager under this provision,the Consultant
shall remain responsible for complying with Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling_Program. In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
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incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (a) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Administrator or
designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
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12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
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(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of the City for any purpose. The City
shall have no right to control or supervise or direct the manner or method
by which the Consultant shall perform its work and functions. However, the
City shall retain the right to administer this Agreement so as to verify that
the Consultant is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City's express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to the City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including,without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the
Consultant shall be solely responsible, indemnify, defend and save the City
harmless from all matters relating to employment and tax withholding for
and payment of the Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment
benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co-
employee rights or other theory. It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
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notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by the Consultant, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due
the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
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22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, DUDEK,
DocoSigned by:
a California municipal corporation 181AMB5F2t'-
S 7/5/2023
Oa�u5igneI by: 7/5/2023 2I
y Joseph Monaco _
'��Ars�iie4r . Clark Name:
Director, Planning & Development
Title: president and Chief Executive officer
APPROVED AS TO FORM: (if corporation or LLC., Board Chair,
CITY ATTORNEY'S OFFICE paPseso or Vice Pres.)
Vy
DocuSlgned 4y:
P.� 7/5/2023 co
wt Pq,�(, 7/5/2023
32aasoo277Ca450.
enior ej7uty City Attorney Date Name:Amy Paul
ATTEST: General counsel & corporate secretary
TODD STERMER, CMC Title:
City Clerk (If corporation or LLC., CFO,Treasurer,
Y Secretary or Assistant Secretary)
-Z$-202
BY 3Any Applicable Professional License:
5"h �GiC�' Number:
Deputy Name:
Date of Issuance:
Addresses:
CITY:
City of Fresno CONSULTANT:
Attention: Dalton Bennett Dudek
Project Administrator Attention: Rose Newberry
2600 Fresno St, Suite 3065 Project Manager
Fresno, CA 93721 605 NE 21st Avenue, Suite 200
Phone: (559) 621-8039 Portland, OR 97232
E-mail: Dalton.Bennett@fresno.gov Phone: (971) 930-1715
E-mail: rewberry@dudek.com
Attachments:
1. Exhibit A- Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Dudek (Consultant)
Climate Adaptation Plan and Environment Justice
See attached Exhibit A- Scope of work
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SCHEDULE OF FEES AND EXPENSES
See attached Exhibit D—Table 1: Budget and Table 2: Schedule
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Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno ("CITY")
and Dudek ("CONSULTANT")
Climate Adaptation and Environmental Justice Plannina
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under"Minimum Limits of Insurance."
2. The most current version of Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).
3, Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to CITY, its
officers, officials, employees, agents and volunteers as additional insureds, shall be the greater
of the minimum limits specified herein or the full limit of any insurance proceeds available to the
named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
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2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no
less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of
the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES OR SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONSULTANT shall also be responsible for payment of any
self-insured retentions. Any deductibles or self-insured retentions must be declared to on the
Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At
the option of the CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S
Risk Manager or his/her designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses. At no
time shall CITY be responsible for the payment of any deductibles or self-
insured retentions.
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OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered
as additional insureds. CONSULTANT shall establish additional insured status
for the City and for all ongoing and completed operations by use of ISO Form
CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers. Any
available insurance proceeds in excess of the specified minimum limits and
coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, CONSULTANT'S insurance coverage
shall be primary insurance with respect to the CITY, its officers, officials,
employees, agents and volunteers. Any insurance or self-insurance maintained
by the CITY, its officers, officials, employees, agents and volunteers shall be
excess of CONSULTANT'S insurance and shall not contribute with it.
CONSULTANT shall establish primary and non-contributory status by using ISO
Form CG 20 01 04 13 or by an executed manuscript insurance company
endorsement that provides primary and non-contributory status as broad as that
contained in ISO Form CG 20 01 04 13.
The Workers' Compensation insurance polic is to contain, or be endorsed to contain, the
following provision: CONSULTANT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents.and volunteers.
If the Professional Liability Errors and Omissions insurance ooficy,is written on a claims-made
form:
1 The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the Agreement work or termination of
the Agreement, whichever occurs first, or, in the alternative, the policy shall be
endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the effective date of the
Agreement or the commencement of work by CONSULTANT, CONSULTANT
must purchase "extended reporting" coverage for a minimum of five (5) years
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completion of the Agreement work or termination of the Agreement, whichever
occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall
not be cancelled, non-renewed, reduced in coverage or in limits except after thirty(30)calendar
days written notice by certified mail, return receipt requested, has been given to CITY.
CONSULTANT is also responsible for providing written notice to the CITY under the same
terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation,
non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new
certificate and applicable endorsements for such policy(ies). In the event any policy is due to
expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate,
and applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by any defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to release or
diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity
provisions of this Agreement. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONSULTANT. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT,
its principals, officers, agents, employees, persons under the supervision of CONSULTANT,
vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements are to
be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or broker.
Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of
any insurance policy required under this Agreement, including all endorsements,with said copy
certified by the underwriter to be a true and correct copy of the original policy. This requirement
shall survive expiration or termination of this Agreement.
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SUBCONTRACTORS
If CONSULTANT subcontracts any or all of the services to be performed under this Agreement,
CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee,
subcontractor(s) to enter into a separate side agreement with the City to provide required
indemnification and insurance protection. Any required side agreement(s) and associated
insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk
Manager or designee. If no side agreement is required, CONSULTANT shall require and verify
that subcontractors maintain insurance meeting all the requirements stated herein and
CONSULTANT shall ensure that CITY, its officers, officials, employees, agents, and volunteers
are additional insureds. The subcontractors' certificates and endorsements shall be on file with
CONSULTANT, and CITY, prior to commencement of any work by the subcontractor.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Climate Adaptation and Environmental Justice Planning
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
2 Do you represent any firm, organization, or person who is in ❑ FXI
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who ❑ EE
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with ® ❑
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee ❑ ❑x
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in ❑ ❑x
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Documgned ny
Explanation, SVL
currently we have an as needed contract f �L�
with the county of Fresno
7/5/2023
Date
Joseph Monaco
(Name)
Dudek
(Company)
605 Third street
(Add nei a�, CA 92024
Additional page(s) attached.
(City, State Zip)
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ATTACHMENT 1
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
REQUEST FOR QUALIFICATIONS FOR CONSULTANT
SERVICES TO PROVIDE CLIMATE ADAPTATION AND ENVIRONMENTAL
JUSTICE PLANNING SERVICES
BID FILE NO. 12302445
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and
Insurance Requirements set forth in these Specifications. If the Proposer takes exception to
some portions, those portions shall be listed here below and the Proposer shall sign that the
Proposer accepts all portions of the requirements not listed.
Note: Any exceptions may render the proposal non-responsive.
nx ACCEPT
[ ] DO NOT ACCEPT
If"DO NOT ACCEPT" is checked, please list exceptions:
CDocuSigned by:
IS'4 NV_ _ 7/5/2023
'ftRg Ue of Authorized Person
Joseph Monaco
Type or Print Name of Authorized Person
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EXHIBIT DUDEK
Task 1 . Project Management
Task 1 .1 : Project Launch and Administration
At the City's direction,the Dudek team will participate in a virtual project kickoff meeting with City staff and
agency partners to accomplish the following:
• Meet the key team members, clarify roles, and verify that team members have a common understanding
of the project and overall approach to the work program and deliverables.
• Discuss and refine our scope of work and schedule, including our community engagement framework
and strategy.
■ Collect data and establish protocols for communication and data transfer throughout the work effort.
■ Work collaboratively to discuss potential project pitfalls and issues and to identify upfront strategies to
address those issues.
■ Share aspirations and establish relationships that will last through the life of the project.
Following the meeting, Dudek will send a kickoff meeting summary along with a data needs request. Dudek will
set up recurring bi-weekly 30-minute check-in meetings with City staff and up to two Dudek staff.This scope
assumes an 18-month schedule,and therefore up to 72 hours of meeting time. Dudek and the City will work
collaboratively to discuss project management software and document sharing.
Deliverables
Kickoff meeting agenda, attendance, meeting summary and data needs request.
Collaborative project management and document sharing set up
■ Bi-weekly check in meetings through the life of the project, up to 72 hours of check in meeting time.
Assumptions
■ City staff will provide a list of City staff,their contact information,and their role on the project
City staff will respond to data needs request.
Task 1 .2: Critical Path Schedule
Dudek will provide a critical path schedule updated monthly.This will include data transfers, City review periods,
public outreach,and Dudek deliverables.
Deliverables
• Project schedule updated monthly, if needed
Proposal Title A-1
DocuSign Envelope ID:E54A8EF7-CODA-425A-8DO5-E608C69D9F12
DUDEK
Task 1 .3: Invoicing
Dudek will provide The City with monthly billing invoices including progress reports, billings to date, and amount
invoiced this period.
Deliverables
■ Monthly invoicing including progress report
Task 2. Public Outreach '
Task 2.1 Community Workshops
Dudek will prepare materials for workshops(posters, presentation decks), as well as prepare/distribute relevant
materials to advertise workshops. Dudek will assist with scheduling and coordinating logistics for workshops. One
Dudek staff member and one Excel staff member will attend all three in-person workshops. Dudek can present at
workshops(should the City decide that is most appropriate),and/or provide logistics support(set up
tables/chairs, welcome attendees, distribute surveys,etc.)during workshops. Dudek will coordinate translation
and interpretation services in Spanish, Punjabi, and Hmong. Excel will provide live translation and interpretation
services.
Deliverables
■ Materials for three in person workshops
• Attendance at three in person workshops
Role of City Staff
• Identify appropriate locations for workshops
• Attend events and answer non-technical questions
Assumptions
• One Dudek and one Excel staff member will attend
Task 2.2 Tabling Events
Dudek will determine appropriate tabling events for outreach. Dudek will schedule and coordinate logistics for
tabling events and ensure appropriate materials/staff are available.One Dudek staff member and one Excel staff
member will attend each event. Dudek will coordinate translation and interpretation services in Spanish, Punjabi,
and Hmong. Excel will provide live translation and interpretation services.
Deliverables
1 Dudek is reserving$46,470 in budget for use by Community-Based Organizations pertainingto outreach activities related to the scope and
purpose of this project,likely as a part of Tasks 2.1 and 2.2.Dudek will work with the City to ensure that contracting and services meet the
needs of City staff and community.Should the City decide that these funds would be better used elsewhere on this project,these funds may
be available as contingency.
Proposal Title A-2
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DUDEK
• Materials for six tabling events
Role of City Staff
• None
Assumptions
• One Dudek and one Excel staff member will attend
Task 2.3 Public Presentations
Dudek will work with City staff to coordinate presentations to relevant Boards/Chambers. Dudek assumes
presentations will be needed for two (2) Planning Commission Meetings and two(2)City Council Meetings. It is
assumed that in-person attendance will be utilized for two of these meetings, and virtual attendance will be
utilized for the remaining two meetings. Beyond the allotted Planning Commission and City Council meeting
presentations, Dudek will prepare slides for Fresno staff to present.
Deliverables
• Materials and talking points for five presentations
• Presentation at 2 Planning Commission Meetings(1 in-person, 1 virtual)and 2 City Council Meetings(1
in-person, 1 virtual)
Role of City Staff
• Presentations to relevant boards and commissions
Assumptions
• Dudek staff in-person attendance for 2 meetings(1 Planning Commission and 1 City Council)
• Dudek staff virtual attendance for 2 meetings(1 Planning Commission and 1 City Council)
• No Dudek or Excel staff attendance for any other presentations
Task 2.4 Marketing Materials Generation
Dudek's in-house creative team will create customized presentation materials, handouts(stickers, etc.),graphics,
and social media content. Dudek will ensure that all materials are available in multiple languages to maximize
engagement with underrepresented groups. Dudek can provide guidance regarding material distribution and
advertising.
Deliverables
• Array of social media posts suitable for multiple platforms
• Stickers, informational handouts,QR codes for surveys
Role of City Staff
• Distribute materials when tabling,attending meetings, and at other relevant locations.
• Provide with guidance and logins for social media posting
Proposal Title A-3
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DUDEK
Task 2.5 Surveys
Dudek will design two surveys: one preliminary,short survey for tabling events, and one in-depth survey for
workshops.Survey results will be analyzed and communicated to the City.QR codes for surveys will be included
on materials. Results will be used to inform future outreach and engagement efforts,as well as CAP/EJ project
development/implementation. Dudek will coordinate translation services in Spanish, Punjabi,and Hmong. Excel
will provide translation services.
Deliverables
• Two surveys in English with one round of consolidated comments(two drafts)
• One final survey in English,Spanish, Punjabi, and Hmong
Role of City Staff
• Prepare consolidated review(two rounds)from relevant staff
Assumptions
• The survey will be completed online any paper surveys will be inputted by the City or CBO partner under
their scope and budget,
Task 3. Vulnerability Assessment
Task 3.1 Climate Adaptation
TASK 3.1.1: RISK IDENTIFICATION
Dudek will perform a risk assessment in accordance with the guidance outlined in the California Adaptation
Planning Guide and the 2017 General Plan Guidelines.This will include gathering data on primary climate change
impacts from CalAdapt, California's Fourth Climate Change Assessment Regional Report, and CalFire. For extreme
heat and air pollution, Dudek will utilize data from the Urban Forestry Master Plan.This data will be supplemented
by information from City staff and public engagement, Dudek will assess each impact on four key elements:
magnitude,timing,spatial extent, and level of certainty of impact.
Deliverables
• Maps in Adobe Illustrator and ArcGIS shapefiles
Role of City Staff
■ GIS shapefiles of City Council district boundaries, and other local spatial data as available
Assumptions
• Dudek will analyze air pollution, extreme heat,wildfire,and flooding
TASK 3.1.2: SENSITIVE POPULATIONS
Dudek will identify sensitive populations as defined by SB 1000. Dudek will use CalEnviroScreen to identify
vulnerable Census Tracts and the specific community stressors those communities face.This will include an
Proposal Title A-4
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DUDEK
analysis of pollution burdens and community characteristics that predispose the community to disproportionate
climate change impacts. Dudek will focus on the existing air quality, health impacts,and linguistic isolation.
Additionally, Dudek will use the Healthy Places Index to identify other vulnerabilities,such as access to
automobiles and tree cover to provide a full assessment of the communities and their specific vulnerabilities to
climate change.This will include findings that summarize the conditions for each council district.
Deliverables
• Maps in Adobe Illustrator and ArcGIS shapefiles
Role of City Staff
■ None
Assumptions
• None
TASK 3.i,3: COMMUNITY INFRASTRUCTURE
Dudek will work with City staff to generate a list of emergency response facilities, critical facilities,and non-critical
public infrastructure. Dudek will assess how an asset is used in the four phases of hazard planning(mitigation,
preparation, response, and recovery)and if the asset is located in an area or faces difficulty in performing its
essential functions.
Deliverables
• Maps in Adobe Illustrator and ArcGIS shapefiles
Role of City Staff
■ Provide community facilities(such as fire stations, police stations, hospitals,schools, etc.) in shapefiles or
other spatial data file format, or a list in Microsoft Excel with addresses.
Assumptions
■ None
TASK 3,1,4: FINDINGS
Dudek will utilize the hazard and population data to generate a vulnerability assessment. For each hazard Dudek
will explain the hazard risk,sensitive populations, and community infrastructure and potential threats and
opportunities for each council district,or other appropriate geographical unit. Dudek will prepare maps for each
hazard at the council district scale, or other appropriate geographical unit, illustrating these risks.
Deliverables
■ Vulnerability Assessment, including maps from Tasks 3.1.1 through 3.1.3 in Microsoft Word (up to three
drafts)
• Responses to two rounds of consolidated comments from City and Agency Staff
■ Document sharing portal as needed
Role of City Staff
• Prepare consolidated review(two rounds)from relevant staff
Proposal Title A-5
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DUDEK
Assumptions
• Two rounds of consolidated comments
■ The chosen geographic unit will not exceed 15 areas total
Task 3.2 Environmental Justice
TASK 3.2.1: EXISTING CONDITIONS
Dudek will map and analyze each SB 1000 pillar of environmental justice(EJ) including pollution2, community
facilities,3 food access,safe and sanitary homes,and physical activity. Each council district(or other appropriate
geographical unit)map will include Census Tracts scoring above 75%along side the "data for consideration" listed
in the 2020 OPR Environmental Justice Element Guidelines as available. Dudek will summarize the existing
conditions for each council district(or other appropriate geographical unit),supplemented by public outreach
data.
Deliverables
• Maps in Adobe Illustrator and ArcGIS shapefiles
Role of City Staff
• Provide a list of grocery stores, community gardens,and other fresh food assets in Microsoft Excel with
addresses.
• GIS shapefiles of parks, public facilities, and any active transportation data available.
Assumptions
None
TASK -i.z.2: SENSITIVE POPULATIONF
Dudek will build upon Task 3.1.2 and explore how the sensitive populations in each council district(or other
appropriate geographical unit) may be especially vulnerable to certain issues given the physical condition
described in Task 3.2.1. For example,the compounding effects of communities with low access to automobiles
and limited food options within safe walking or biking distance.
Deliverables
■ Maps in Adobe Illustrator and ArcGIS shapefiles
Role of City Staff
• None
Assumptions
• None
2 Air Pollution will also be included in the Task 3.1.1,and will be integrated into this report
3 This will be partially addressed in Task 3.1.1 and expanded here
Proposal Title A-6
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DUDEK
TASK 3.1.3: FINDINGS
Dudek will utilize the existing conditions and sensitive populations data to create an EJ Element Background
Report. For each SB 1000 pillar, Dudek will explain the role of the built environment, population characteristics,
and compound health risks. Dudek will identify key gaps and opportunities.
Deliverables
■ Environmental Justice Background Report, including maps from Tasks 3.1.1 through 3.1.3 in Microsoft
Word (up to three drafts)
• Responses to two rounds of consolidated comments from City and Agency Staff
• Document sharing portal as needed
Role of City Staff
• Prepare consolidated review(two rounds)from relevant staff
Assumptions
Up to two rounds of review
Task 4. Capability Assessment
Task 4.1 : Plan Review
Dudek will create an AirTable database that will be used to categorize each policy from the following existing
planning documents: General Plan, Housing Element, Fresno County Multi-Jurisdictional Hazard Mitigation Plan,
The Fulton Corridor Specific Plan, Southwest Fresno Specific Plan, Central SE Specific Plan,South Central
Specific Plan,and The Downtown Neighborhoods Community Plan.
This database will include the following:
• policy text,the text of the policy as written in the plan
■ plan,the plan the policy lives in
• hazards, relevant climate hazards the policy addresses(as applicable)
• phase of hazard planning, mitigation, preparation, response, or recovery(as applicable).
■ geographies,specific locations or zones mentioned in a policy such as "downtown", "disadvantaged"
"communities", "flood hazard areas",etc. (as applicable_
• environmental justice components,the SB 1000 pillar the policy relates to(as applicable).
• policy tools,the permit or process that will enforce or trigger the policy
Dudek will prepare a summary statistics and include a narrative in Task 4.3.
Proposal Title A-7
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DUDEK
Deliverables
• Completed policy tool in AirTable with one round of City comments
• Final policy tool assessment in Microsoft Excel
• Plan summary statics
Role of City Staff
• Provide GIS data for each geographic boundary used in policy
• Provide the relevant plans in Microsoft Word,with policies compiled into a list or table as possible
■ Provide one round of City review
Assumptions
• Dudek will review the current General Plan, Climate Action Plan, Housing Element, Multi-Jurisdictional
Hazard Mitigation Plan,The Fulton Corridor Specific Plan, Southwest Fresno Specific Plan, Central SE
Specific Plan,South Central Specific Plan, and The Downtown Neighborhoods Community Plan
Task 4.2: Staff and Agency Interviews
Dudek will conduct up to 20 staff and partner agency virtual interviews. Dudek will schedule these meetings, and
prepare interview questions based on previous tasks and our professional experience.The purpose of these
interviews will be to assess how well existing plans and programs are working and consider opportunities to
pursue in the CAP and EJ Element.These interviews will also include questions around how disadvantaged or
otherwise marginalized communities are included in City processes. Dudek will summarize these results for
inclusion in the capability assessment.
Deliverables
• Staff and partner agency agendas and notes for up to 20 interviews
Role of City Staff
• Provide list of relevant staff and agency comments
Assumptions
• Staff and partner agency interviews will last up to 1 hour
Task 4.3: Capability Assessment and Findings
Dudek will prepare a Capability Assessment,which is a summary of findings from the above tasks that include
how well each SB 1000 pillar is addressed.The Capability Assessment will include two sections: (1)Climate
Considerations and (2) Environmental Justice.
The Climate Considerations portion will weigh the weight of the risk,sensitivity, and capacity to each hazard. For
each hazard, Dudek will outline the key opportunities and threats,and how these may vary between council
districts(or other appropriate geographical unit). Dudek will prepare a community capability matrix for each
council district(or other appropriate geographical unit)that plot the risk as illustrated in the vulnerability
assessment and the community capacity.This will provide a ranking of each hazard (urgent, important, or
marginal)for each council district or other appropriate geographical unit.
The EJ portion findings will give weight to the prevalence and sensitivity to each EJ pillar. For each EJ pillar, Dudek
will outline the key opportunities and threats, and how these may vary between geographies. Dudek will prepare a
Proposal Title A-g
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community capability matrix for each geographical unit that plot the risk as illustrated in the vulnerability
assessment and the community capacity.This will provide a ranking of each pillar(urgent, important, or marginal)
for each geographical unit.This EJ portion of the Capability Assessment will serve as a foundation for Task 6, EJ
Element.
Deliverables
■ Capability Assessment in Microsoft Word (up to three drafts)
• Responses to two rounds of consolidated comments from City and Agency Staff
Role of City Staff
■ Prepare consolidated review from relevant staff
Assumptions
• Up to two rounds of consolidated City review
Task 5 . Climate Adaptation Plan
Task 5. 1 : Climate Adaptation/Resiliency Goals and Objectives
Dudek will utilize the data gathered in previous tasks to generate a set of goals that meet the needs of the
community and are based in the findings of previous tasks. Dudek will provide details on how these goals were
generated from public feedback From these goals, Dudek will create measurable objectives.
Deliverables
• Goals and Objectives in AirTable(up to two drafts)
■ Responses to one round of consolidated comments from City and Agency Staff
• Document sharing portal as needed
Role of City Staff
■ Prepare consolidated review(one round)from relevant staff
Assumptions
• One rounds of consolidated comments
Task 5.2: Climate Adaptation/Resiliency Policies
Dudek will generate adaptation and resiliency implementation strategies with the following components:
• Relevant hazards: a list of all the climate change hazards a policy will address
• Priority communities: places where this implementation strategy should be solely implemented or
prioritized.These geographic boundaries will match those identified in Task 3
• Responsible party:the City department responsible for implementation
Proposal Title A-9
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■ Planning tools:which City processes will implement the policy(e,g, municipal code changes affecting new
development, retrofit programs, city facilities upgrades).
• Target metrics: measures illustrating success and how they can be measured (e.g. number buildings with
cool roofs, existing buildings with retrofits, energy use City-wide)These measures will be within the City's
control and measured by the City
• Future tracking:changes to policy or the physical or legislative environment that should be periodically
reviewed to evaluate the continued relevance of a strategy(e.g. California Building Code, number of
extreme heat days)
• Cost: ordinal ranking of anticipated cost to he City and or residents
■ Timeline:ordinal ranking of when strategies should be implemented
Deliverables
• Goals and Objectives in AirTable and Microsoft Excel(up to two drafts)
• Responses to one round of consolidated comments from City and Agency Staff
• Document sharing portal as needed
Role of City Staff
• Prepare consolidated review(one round)from relevant staff
Assumptions
• One round of consolidated comments
Task 5.3: Climate Adaptation Monitoring Strategy
Dudek will create an Adaptation Monitoring Plan for each relevant City department.This will include a Microsoft
Excel Sheet with each datapoint that department is tracking,the relevant policies, as well as instructions on how
to measure and track each strategy in the Excel sheet.This will be informed by how often the relevant data is
updated and which planning processes each policy informs. Dudek will work with each department to customize
this strategy.
Deliverables
• Monitoring strategies for(e.g. Economic Development, Planning and Development, Public Utilities,and
Public Works,and the Emergency Preparedness Office)
■ Responses to one round of consolidated comments from City and Agency Staff
• Document sharing portal as needed
Role of City Staff
■ Provide Dudek with a list of relevant data that the department already tracks
■ Prepare consolidated review(one round)from relevant staff
Assumptions
• One round of consolidated comments
Proposal Title A-10
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Task 5A Public and Final Drafts
Dudek will use the above tasks to create a draft Climate Adaptation Plan. Dudek will work with the City's graphic
designer to generate a style guide for the Plan. Dudek will provide one InDesign template for review and a Final
Climate Adaptation Plan.
Deliverables
■ Draft Climate Adaptation Plan in Microsoft Word (up to two drafts)
• Draft Climate Adaptation Plan InDesign template and logo
■ Responses to two rounds of consolidated comments
• Final Climate Adaptation Plan in InDesign
Role of City Staff
a Prepare style guide
Assumptions
• Up to two rounds of consolidated review
Task 6 : EJ Element
Task 6.1 : EJ Goals and Objectives
Dudek will create goals and objectives based on the work in previous tasks. For each goal, Dudek will identify the most
relevant General Plan Element for its inclusion. Dudek will note where these goals are likely applicable City wide, and
where there is a specific EJ consideration.This will help City staff in its iconography of the full General Plan and clearly
identifying the EJ related policies and integration.
Task 6.2: EJ Policy Menu
Dudek will generate EJ policies strategies with the following components:
• Relevant EJ Pillars:a list of all the EJ pillars the policy will address
• Priority communities: places where this implementation strategy should be solely implemented or
prioritized.These geographic boundaries will match those identified in Task 3
• Responsible party:the City department responsible for implementation
■ Planning tools:which City processes will implement the policy(e,g, municipal code changes affecting new
development, retrofit programs, city facilities upgrades).
■ Target metrics: measures illustrating success and how they can be measured (e.g. number buildings with
cool roofs, existing buildings with retrofits,energy use City-wide)These measures will be within the City's
control and measured by the City
• Future tracking:changes to policy or the physical or legislative environment that should be periodically
reviewed to evaluate the continued relevance of a strategy(e.g. California Building Code, number of
extreme heat days)
Proposal Title A-11
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• Cost:ordinal ranking of anticipated cost the City and or residents
• Timeline:ordinal ranking of when strategies should be implemented
Task 6.3: EJ Background Report
Dudek will use the above tasks to create a draft EJ background report. Dudek will work with the City's graphic
designer to generate a style guide for the Plan. Dudek will provide one InDesign template for review and a Final EJ
Background Report.
Deliverables
■ Draft EJ Background Report in Microsoft Word (up to two drafts)
■ Draft EJ Background Report InDesign template and logo
• Responses to two rounds of consolidated comments
• Final EJ Background Report in InDesign
Role of City Staff
• Prepare style guide
Assumptions
■ Up to two rounds of consolidated review
Task 7 : Climate Action Assessment
Dudek will assess the 2021 CAP, and prepare a memorandum outlining any necessary updates to the CAP to remain
CEQA qualified after the Housing and Land Use Elements are updated. Dudek will outline the legal requirements and
calculations required to remain CEQA qualified.
Deliverables
■ Climate Action Assessment Memorandum
Role of City Staff
■ Provide CAP land use assumptions and anticipated changes
Assumptions
• The City intends on remaining CAP qualified until 2030
■ Dudek staff will provide a high-level assessment and provide no calculations
Proposal Title A-12
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'Task• Sub.Name Description of Services Hours Cost
Translation services for
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Hotel Costs —
[Task Item Description Number of Rooms Number of Nights Hotel Rate Cost
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Item Description Number of People Number of Days Per Diem Rate Cost
IPer Diem 2 2 $51.75 $207.0
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Presentations Rental Car 2 $172.50 $345.0.
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Secretary's Certificate
The undersigned, Amy M. Paul,hereby certifies that she is the duly elected and acting
Secretary of Dudek, a California corporation(the "Company"), and that, as such, she is duly
authorized to execute and deliver this Secretary's Certificate on behalf of the Company. She
hereby further certifies on behalf of the Company that:
Each of the persons named below is a duly elected, qualified and acting officer of the
Company holding the office or offices set forth opposite his or her name, and each of the persons
named below is authorized to execute and deliver on behalf of the Company, each document to
which it is a party and all other agreements, documents and certificates to be delivered by the
Company pursuant thereto.
Name Office
Joe Monaco President and Chief Executive Officer
Eric Wilson Executive Vice President, Environmental
Robert Ohlund Vice President, Engineering
Amy Paul Secretary/General Counsel
Emily Hart Assistant Secretary/Marketing Director
Brian Nordmann Chief Information Officer
IN WITNESS WHEREOF, the undersigned has executed this Secretary's Certificate on
behalf of the Company as of this 3rd day of January 2023.
DUDEK
A4W�4
By:
Amy M. Paul
Secretary