HomeMy WebLinkAboutC-4454 - PSA for Wildfire Hazard Reduction Consulting Services,
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PROFESSIONAL SERVICES AGREEMENT WITH
DUDEK, INC. FOR
WILDFIRE HAZARD REDUCTION CONSULTING SERVICES
THIS AGREEMENT is made and entered into as of this W day of January,
2010, by and between the City OF NEWPORT BEACH, a Municipal Corporation,
( "City") and DUDEK, INC., a California Corporation, ( "Consultant "), whose address is
605 Third Street, Encinitas, California, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires urban wildland interface ( "UWI ") inspections.
C. City desires to engage Consultant to conduct field vegetation inspections of the
UWI in accordance with the Newport Beach Municipal Code and to report
Consultant's findings to the City for enforcement ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Dudek for purposes of Project shall be Scott Eckardt,
Project Manager.
F. City has solicited and received a proposal from Consultant has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the 15r day of February 2010, and shall
terminate on the 31 st day of December, 2012, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit "A" and incorporated herein by reference. The City may elect
to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to provide
notice to the other parry so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after
the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances,
by telephone, fax, hand - delivery, email or postal delivery.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Cost Estimate set forth in the
Scope of Services attached hereto as Exhibit A and incorporated herein by reference. In
no event shall Consultant's compensation exceed Forty Six Thousand One Hundred
and Ninety Dollars and no /100 ($46,190.00) without additional authorization from City.
No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name of the
person who performed the work, a brief description of the services performed
and /or the specific task in the Scope of Services to which it relates, the date the
services were performed, the number of hours spent on all work billed on an
hourly basis, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly invoice by
City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in advance by
City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
`A
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work
that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the
parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Compensation for any authorized Extra Work shall be paid in
accordance with "DUDEK 2010 STANDARD SCHEDULE OF CHARGES" as set
forth in Exhibit "A ".
4.4 Notwithstanding any other provisions of this Agreement, when payments
made by the City equal 90% of the maximum fee provided for in this Agreement,
no further payments shall be made until City has accepted the final work under
this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Scott Eckardt to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Fire Department. Steve Bunting, Fire
Marshal for the City of Newport Beach, shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this Agreement,
and that it will perform all services in a manner commensurate with community
professional standards. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any contractual
relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever nature
that are legally required of Consultant to practice its profession. Consultant
further represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement,
any and all licenses, permits, insurance and other approvals that are legally
required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant work promptly, or delay or
faulty performance by City, contractors, or governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
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a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any work negligently performed or services provided under this Agreement
(including, without limitation, defects in workmanship or materials and /or design defects
[if the design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the active negligence
or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City s Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Si nature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Reguirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power or twenty-
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under
any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Consultant to
City shall be addressed to City at:
Steve Bunting, Fire Marshal (Or current Fire Marshal)
Fire Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3353
Fax 644 -3120
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant at:
Scott Eckardt, Project Manager
Dudek
605 Third Street
Encinitas, California 92024
(760) 942 -5147
FAX (760) 632 -0164
26. TERMINATION
In the event that either parry fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
10
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all work
prepared by Consultant shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
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32. SEVERABILITY
If any term or portion of this Agreement is held to
unenforceable by a court of competent jurisdiction,
Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
be invalid, illegal, or otherwise
the remaining provisions of this
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
34. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
ynette D. Bea h mp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: 6v--
Leilani I. Brown,
City Clerk -dor■mfth-
L-10 FONt;
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
DaM A. Kiff,
City Manager
for the City of Newport Beach
CONSULTANT: DUDEK, INC.
Dudek
`Frank Dudek
Name President
Title
Name
Title
Attachments: Exhibit A — Scope of Services
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'6J 432 i»] 4 :1k : . .rs;
December 18, 2009
Mr. Steve Bunting, Fire Marshal
Newport Beach Fire Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92656-8915
Subject: Proposal - UWI Inspections for 2010 through 2012
Dear Mr. Bunting,
320 -55
This proposal presents Dudek's scope of work and cost estimate for conducting urban wildland
interface (UWI) inspections and database updates for a three (3) year period to include the 2010
through 2012 inspection years. Our proposed inspection schedule is consistent with the two year
rotation outlined by the Newport Beach Fire Department (NBFD). This proposal details our
understanding of the project along with a scope of work and cost estimate.
We are intimately aware of this project's requirements for completion as we have been directly involved
with the CKYs UWI inspection program since its inception. Specifically, our team members have been
involved with the original field mapping of individual residences' UWI landscape, creation of original
AutoCAD files, updating the project Access database, and conducting the necessary field inspections for
nearly IS years. Additionally, we have performed tasks related to customizing the existing NBFD Access
database, assessing, mapping, and creating database features for the communities of Altezza and Trovare
in 2003, conducting Fuel Modification Zone inspections for Newport Coast in 2002, as well as providing
a fuel reduction plan assessment, biological analysis, and fire behavior modeling for Buck Gully and
Morning Canyon in 200412005.
PROJECT UNDERSTANDING
We understand that the scope includes three annual inspections cycles covering a period of three years,
from 2010 through 2012. An initial inspection will be completed each year, followed by updating
NBFD's Access database and CAD files, conducting a secondary inspection of non - compliant properties,
and once again updating the Access database and CAD files, as necessary. Our approach and
methodology for the project is described below and is based on inspections of 170 individual private
properties in 2010 (65 properties in Upper Buck Gully, 57 properties in Middle Buck Gully, and 48
properties in Lower Buck Gully), 102 individual private properties in 2011 (22 multi -unit properties in
Big Canyon, 72 properties in Morning Canyon, and 8 properties in Altezza/Trovare), and 170 individual
private properties in 2012 (65 properties in Upper Buck Gully, 57 properties in Middle Buck Gully, and
48 properties in Lower Buck Gully). Additionally, the City -owned property in Upper Buck Gully will be
inspected annually. The breakdown of inspection areas, by inspection year, is included in the table below.
WWW.DJDEK COM
Mr. Steve Bunting
Subject: Proposal — UWI Inspections 2010 -2012
SCOPE OF WORK
Based on our history with this project, the following outlines our scope of services:
I. Meeting, Pre -field Review and Preparation. Task 1 includes creation of field maps and relevant
property data for use in the field inspection phase of the project, To complete this phase, we will
need to obtain a copy of NBFD's most recent UWI Access database and AutoCAD files for the area
to be inspected. This process will be necessary each year. We will coordinate with the NBFD staff
involved with the project to obtain the necessary data and documents pertinent to the project.
2. Initial UWI Field Inspections. This task involves an inspection of all properties designated for
inspection, based on the NBFD's inspection calendar and the yearly totals discussed herein. No
more than 171 properties will be inspected in 2010 and 2012, and no more than 103 properties will
be inspected in 2011. Inspections will be focused on the area within 100- feet of each individual
structure and shall include an assessment of each property as related to NBFD's UWI guidelines and
approved plant list (revised May 2003). Recommendations will be made for "compliant" or "non-
compliant" status according to the approved guidelines. Non - compliant conditions will be
documented in the field according to individual property location and at least one digital photograph
will be taken of each non - compliant property or condition and will be incorporated into the project
database. Properties that have been re- landscaped, or significantly modified since the previous
inspection will also be photographed.
We understand that this phase involves inspections on private property and on City of Newport
Beach property. Annual inspections on City of Newport Beach property in Upper Buck Gully will
include an inspection of the property up to a distance of 100 -feet from the adjacent structures. In
DUDEK 320-55
2 12/18109
Mr. Steve Bunting
Subject Proposal — UWI Inspections 2010 -2012
2010 and 2012, this inspection will be conducted concurrently with private property inspections.
We will prepare a separate summary spreadsheet for City -owned property in Upper Buck Gully
annually to outline non - compliant conditions and define prescription recommendations.
In order to proceed with this phase, Dudek will need a letter from the NBFD indicating the project
intent and our authorization to be on private property. We will prepare this letter for the City, if
desired, and submit for approval and signature. Additionally, we will require all relevant access
keys/passes to any gated or locked areas that require inspection.
3. Update Access Database and AutoCAD Files. This task involves updating NBFD's Access
database and associated AutoCAD files for the UWI properties inspected each year. The inspection
date, recommended compliance status, photograph and map links, and fuel treatment
recommendations will be updated for each property, as necessary. Changes to AutoCAD files will
be completed for properties that have had modifications to vegetation since the previous inspection.
AutoCAD files will be saved in the appropriate database directories, will be linked to property data,
and will be accessible by NBFD to allow for future modifications. This procedure will be done
annually only for the canyons or areas being inspected.
4. Follow -up UWI Field Inspections. This task involves a re- inspection of any of the properties
deemed "non- compliant" in Task 2. During this inspection, properties will be evaluated to determine
if the previously noted non - compliant conditions have been rectified. Recommendations will again be
made for "compliant" or "non- compliant" status, according to the approved guidelines. At least one
digital photograph of "non- compliant" properties will be collected.
S. Second Update of Access Database and AutoCAD Files. This task involves updating the
Access database and associated AutoCAD files for properties that meet the criteria for re-
inspection (as indicated in Task 4). The inspection date and recommended compliance status will be
updated for each re- inspected property. Changes to AutoCAD files will be completed for properties
that have had modifications to vegetation since the first inspection.
TIME AND COST ESTIMATE
Tasks 1 -3 can be completed within 2 weeks from authorization from the NBFD to inspect each year.
Tasks 4 -5 can be completed within 10 days of the re- inspection date indicated on the "non- compliant"
notification letters sent to residents each year. We will coordinate with NBFD staff to determine
appropriate start dates each year. The following table indicates the cost of each task associated with our
scope, by year.
DUDEK 3 12J 118109
Mr. Steve Bunting
Subject Proposal — UWl Inspections 2010 -2012
The total contract cost for 3 years is $46,190. This amount includes direct costs for mileage.
photography, mail and courier services, plotting and reproduction. All work will be invoiced on a
percent complete basis. Additional tasks not included in this scope of work shall be approved in advance
by NBFD and will be billed in accordance with the Dudek 2010 Standard Schedule of Charges
(attached). This proposal is valid for 90 days.
If you have any questions or would like to discuss our proposed scope of work further please contact
me at 800.450.1818, or via e-mail at seckardt @dudek.com.
Sincerely,
Scott Eckardt
Project Manager
Registered Professional Forester #2835
D U D E K 320 -5e
4 I2 /18/09
Mr. Steve Bunting
Subject Proposal- UWl Inspections 2010 -2012
DUDEK
2010 STANDARD SCHEDULE OF CHARGES
Engineering Services
Project Director ......... ............._..........._
..... $225.00 /hr
Program Manager ............................
...... $215.00/hr
Principal Engineer II.._ ........... - ...................
$195.001hr
Principal Engineer I ... . ..... ..........................
$190.00111r
Senior Project Manager ..............................
$180.owfir
Project Manager ._ ...... ...............................
$165.00 /hr
Senior Engineer III ...... ...............................
$155.00 1hr
Senior Engineer II ....... ...............................
$150)001hr
Senior Engineer 1 ...............................
_...... $140L01hr
Project
Engineer IV .............................
_...... $130.001hr
Project
Engineer lit ...... ...............................
$115.001hr
Project Engineer 11 ..... . ..............................
_ $105.00 /hr
Project Engineer I ........ ...............................
$100.00 1hr
Project Cocrdnalar ........ ...............................
$60.00 11rr
Engineering Assistant .... ...............................
$75.00/Iv
Rightoll-Way Management Services
Principal ROW Manager .............................
$185.00fir
ROW Project Manager ......... .......................$150A0lM
$220.00/hr
ROW Senior Engineer ............. ...................
$140A0M
ROW Engineer, ...........................................
$130-00[hr
ROW Technician ..........................
_ ..... _...... $115.00(hr
ROW Research Analyst ............ ....
..... ........ SBODO/hr
Emkonmental Services
$195.00/hr
Principal .................... - ..............................
$220.00/hr
Senior Project
Manager/Specialist 11 ..........
$200.00/hr
Senior Project
Merager/Specialist I...........
$190.00Rv
Environmental Specialist/Planner VI...........
$175.00/hr
Environmental Specialist/Planner V ...........
$155.00lhr
Environmental Specialist/Plamer IV ..........
$140.00ihr
Environmental Spacialist/Planner III...........
$130.00 /hr
Environmental Specialist/Planner II .... ......-
$120.00/hr
Ervironmemal Specialist/Planner I .............
$110.001hr
Analyst ........ -- ............ ............................_
.. $95.00A1r
Planning Research Assistant ........................
$75.001hr
Archaeological Services
$195.00/hr
Senior Project ManageriArchaedogist II....
$200.00 /hr
Senior Project Manager /Archaeologist I.....
$190.00 /hr
Environmental Specialist/Archaeologist VI.
$175.00/hr
Environmental SpacialistiArchmologist V ..
$155.001hr
Ervironmental Specialist/Archaeologist IV.
$140.00/M
Environmental Specialist/Archaeologist III..
$130 .00 /hr
Environmental Specialist/Archaeologist II...
$120.00Rr
Environmental Specia8st/Alchmotogist I....
$110.00/hr
Archaeologist Technician It .... _.....................
$70.00/Iv
Archaeologist Technician I .........................
$50.001hr
Construction Management Services
PrincipaVMamge..................................
$195.00/hr
Senior Construction Manager .....- ....._
- - - -- $180.00lhr
Senior Project Manager ------ ..._....------
_....- $160.00 /hr
Construction Manager ...............................
$150.001hr
Project Manager ............ ........................
$140)00 1hr
Resident Engineer ........................ ...........
$140.0Oftv
Construction Engineer . ...............................
$135.00/hr
On -she Owner's Representative ................
$130)001hr
Construction Inspector III ......... .................
$125AO/hr
Construction Inspector 11 .............................
$115.00/hr
Construction Inspector I ..............................
$105.00/hr
Prevailing Wage Inspector ..........................
$135.001hr
Hydrogeological Services
Principal ....................... ...............................
$220.00Rr
Sr. Envimrmental Engineer . .......................$190.00M
/hr
Sr. HydrogeologisVSr. Proj Mgr ..................$170.00/M
$150.00lhr
Project Manager ......... ...............................
$155 -00 /hr
Associate Hydrogen togisUEnghleer...........
$140.00 /M
Hydrogedogist IWEngirleer IV -----------------
$125.00/M
Hydrogedagisl liVEngiteer III ------------------
$115.00 /hr
Hydrogedagist IhEngineer II ....................
$105.00/hr
Hydrogedogist IlEngineer I ........................
$95.00/M
Technician .................. _ .......... .....................
$95.06/hr
District Management d Operations
District General Manager.._ ....... .....................$175.00
/hr
District Engineer.._. .... ..... _ ....... .....................$160.00
/hr
Operations Manager ... ..................................
$150.00lhr
District Smmlary/ACCoumard .... ......................$85.00/hr
.... - . .......... $115.00/hr
Collections System Manager ... ......................$95.00
/hr
Grade V Operator ...................... .....................$100.00
/hr
Grade IV Operator ...................... ......................$85.00
/hr
Grade III Operate ....................... ......................$80.00
/hr
Grade 11 Operator ................... ...........................$63.00/hr
.....................$150.00/hr
Grade I Operator .................... ...........................$55.0011w
.....................$100.00/hr
Operator in Training....- .............. ......................$40.00Atr
$85.00mr
Collection Mainenance Worker 11 .............._.....$55,00/hr
......................$80.00 /hr
Collection Maintenance Worker I ....................
$40.00 /hr
OH ice Services
TechnioallDraflrnglGADD Services
3D Graphic Artist .................................
_ .... . ... $150.00 /hr
Senior Designer .............................
_ .... _ ......... $130.00 /hr
Designer ........................................
_ .... _ ......... $120.00 /h r
Assistant Designer ...... ............. ...
.... - . .......... $115.00/hr
GIS Specialist IV .................... ..........
............. $140.00 /hr
GIS Specialist III ..................... - ......................
$130.00/hr
GIS Specialist II ...........................
. ...............$120.00 /hr
GIS Specialist I
........$110.00 /hr
CADD Operator III ...................
.....................$150.00/hr
CAOD Operator II ......_...._ .......
.....................$100.00/hr
CA00 Operator I ......... ........... ........................
$85.00mr
CAOO Drafter . ............ ...._........
......................$80.00 /hr
CADO Technician ....... .....................................
$70.00 /hr
Support Services
Technical Editor III ................................ ....... ...$140.00 /hr
Technical Editor II ................................ .......... $120.00/hr
Technical Editor I ................................. .......... $100.00/hr
Publications Assistant III ...................... ............ $95.00 /hr
Publications Assistant 11 .................................. $85.00/hr
Publications Assistant I .................. _ ................. $75.00Atr
Clerical Administration II ............. ......................$80.00/hr
Clerical Administration I ................ .................. $70.00/hr
Forensic Erglmering -Caun appeasncss depostors, antl interrogatories as
erpenwllness wll be tined a 2.e0 trres world roes.
Emergenq a10 Holidays- Ilnham daige of W hours Wit be Bled at 1.75
Imesthenamairats.
Material and Out" services - Subcontractor., renal of space! ecpownt,
apadal repo71x1ans atdbeeprlrahg, gAside data processing a d conputer
sevioes,etc., we cter A 1.15trmm due direct Cwc
Trawd Eipmsas -Mi gels tilled a the redardl lR$ rates per mle. Perdiein
wtem memigtd slay is imehedis Barged at cost
Yrvdws, Late charges - All less Will be billed W Clare mWIMY and shall be
dueand MYat96 yen recdpl. Wdms wedolk qmA it not pdtl vilhh dirty, (30)
days kon cite dale 01 Ia in vim Clem agrees 0 pay a monthly late Barge
equal too. parcare (1 %) per rroroh of the cusrdndrg bal3me eft paidin Iul.
320 -55
12/18/09