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HomeMy WebLinkAbout11 - Morning Canyon Drainage Study & Restoration AnalysisApril 9, 2002 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC., FOR MORNING CANYON DRAINAGE STUDY AND RESTORATION ANALYSIS RECOMMENDATION Approve a Professional Services Agreement with Rivertech, Inc., of Laguna Hills, California, for preparation of the Morning Canyon Drainage Study at a contract price of $38,270 and authorize the Mayor and City Clerk to execute the Agreement. BACKGROUND Morning Canyon runs within private property from the Pelican Hills Golf Course to the Pacific Ocean. While the City does not have a maintenance easement in the channel, General Services annually cleared the drainage course of growth and maintained a clear natural channel for flood flows during the 1980's. In the early 1990's, this service was stopped due to opposition by some of the property owners. Since that time, the property owners have assumed maintenance of the existing drainage course. In 1995, un- permitted grading and the installation of improvements by one of the private property owners diverted storm flows and caused a massive slope failure at two properties on Rockford Road. At the conclusion of a civil suit between the property owners, the court awarded damages to the owners of these properties that experienced the slope failures. These affected property owners have approached the City for guidance in obtaining design approval for work within the channel to repair the slope. Upon closer inspection of the existing drainage situation in Morning Canyon between the golf course and Coast Highway, City Staff discovered the original drainage course has been modified at several locations by various property owners and the lack of maintenance has allowed dense vegetation to grow which significantly affects the drainage flows in this portion of the canyon. SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC., FOR MORNING CANYON CHANNEL RESTORATION ANALYSIS April 9, 2002 Page 2 While Morning Canyon Channel falls within private property" and the City is not responsible for maintaining the channel, it is appropriate for the City to guide the corrective process and to prepare a master plan for drainage, restoration, and water quality for this channel. The City proposes to develop the concept for rehabilitating the channel and formulating a plan to implement corrective measures. The measures to stabilize Morning Canyon Channel must be done in a manner that will not have adverse hydraulic, biological, or geotechnical, and water quality impacts upstream or downstream of the affected reach of the channel. These measures may also require extensive permitting by various regulatory agencies. It also may be appropriate for the City to serve as the agent to secure the necessary permits. An additional concern is the current regulatory climate regarding watercourses that convey runoff to the ocean. Current indications from the regulatory agencies indicate that the failure of the City to act may trigger State intervention and promulgation of rules to rehabilitate impaired water bodies. This study would proactively review this portion of Morning Canyon and propose an appropriate solution. CONSULTANT SELECTION AND SCOPE OF WORK Three firms were invited to submit proposals to provide engineering, geotechnical, and biological analyses and recommendations for restoring Morning Canyon Channel. Two firms responded to the City's request for proposals: • Rivertech, Inc. • RBF The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Rivertech, Inc., the highest. Upon selection, Staff negotiated with Rivertech, Inc., to provide the necessary scope of services for a fee of $38,270. Rivertech, Inc., has completed similar work competently and professionally for other local agencies in Southern California. Staff recommends that Rivertech analyze Morning Canyon Channel and provide recommendations for implementing corrective measures. The contract tasks include: 1. Data collection 2. A workshop with City staff to consider conceptual alternative restoration plans as well as the maintenance and enforcement implications to maintain the channel in a healthy condition The City currently holds a twenty -two foot wide easement along the property lines of the Cameo Highlands properties from the golf course to Coast Highway. It is assumed that the original intent of this easement was to enable the City to construct a subsurface drainage facility in the event that the golf course property was developed as a residential tract in lieu of the current use. Staff believes that this easement will not be needed in the future and would recommend that it be abandoned at some future date. SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC., FOR MORNING CANYON CHANNEL RESTORATION ANALYSIS April 9, 2002 Page 3 3. Hydrologic (tributary flow) and channel hydraulic analyses for 2, 5, 10, 25, and 100 -year storm flows for the pre - failure condition, the post failure condition, and the proposed corrected condition 4. Biological Resources Assessment 5. Determination of wetland and other jurisdictional areas in the channel 6. Preparation of biological restoration measures to minimize permitting requirements 7. Qualitative evaluation of the alluvial behavior of Morning Canyon to predict the response of the stream to future flood events 8. A final report showing plan, profile, sections, and details of the restoration plan After the report is finalized, the City would: • Make a determination to have either City Staff or a consultant obtain permits for the riverbed restoration • Present these findings to all the property owners along the channel • Actively work with the property owners to assist them in complying with the riverbed restoration plan once permits were obtained Funds for this project are available in Account No. 7012- C51000008 Respectfully DEPARTMENT G. Badum, Director By: G /JQ0 IZ 5fC;"r')Q0 Robert Stein, P.E. Project Manager Attachments: Professional Services Agreement DRAFT PROFESSIONAL SERVICES AGREEMENT WITH RIVERETECH, INC., FOR MORNING CANYON CHANNEL STUDY THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Rivertech, Inc., whose address is 2332 Mill Creek Drive, Suite 210, Laguna Hills, California, 92653, (hereinafter referred to as "Consultant'), 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 is planning to prepare the Morning Canyon Channel Study (`Project"). C. City desires to engage Consultant to prepare a study as outlined in Exhibit "A" (Tasks 1 through 6 for Rivertech, Inc.) and in Exhibit "A -1" (Tasks 1, 2, and 3 for LSA Associates, Inc.) upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of this Project is Hasan Noun. E. City has solicited and received a proposal from Consultant, has reviewed -1- the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of , 2002, and shall terminate on the 31" day of December 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibits "A" and "A -1" incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibits 'B" and "C" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty -eight thousand, two hundred seventy and 001100 Dollars ($38,270.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibits `B" and "C." 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE -3- 4.1 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 the 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. 4.2 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or 12 omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Hasan Nouri to be its Project -5- Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibits "B" and "C," whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultants reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other parry so that all delays can be addressed. Consultant shall complete the study within 60 calendar days of the execution of this Agreement. Ka 8.1 Consultant shall submit all requests for extensions of time for performance in writing to Bill Patapoff (Project Administrator) not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 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 or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. -7- 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as Ila described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. 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). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 -10- venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, fumish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept -11- confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this -12- Agreement. 19. 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 underthis Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding 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 seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS 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 would have 511011 resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a 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. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -14- 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing 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: Attention: Bill Patapoff City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Mr. Hassan Nouri Rivertech, Inc. 23332 Mill Creek Drive, Suite 210 Laguna Hills, CA 92653 (949) 586 -6127 Fax: (949) 457-6356 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two -15- (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by 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 hereon. Any modification of this -16- Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. -17- 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor RIVERTECH, INC. Hassan Nouri f:WsemlpbwXshamdlagreementS* 01- 021dvertech - moming canyon channel.doc IN j /1,j KIVERiECH ;1 INC February 20, 2002 Mr. Bob Stein Principal Civil Engineer City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, California 92658 -8915 FEB 2 6 7on2 Public RE. Proposal for analyzing, remediating, restoring and stabilizing 16lorning Canyon. Dear Mr. Stein: Rivertech Inc. Inc. in conjunction with Leighton and Associates and LSA Associates, Inc. is pleased to submit this proposal to provide the City of Newport Beach (City) with engineering services for analyzing, stabilizing and restoring Morning Canyon Channel. The Study Reach extends from the outlet of the 5l -inch storm drain downstream to the Pacific Coast Highway (PCH). A schematic of the Study Reach is shown below. After analyzing we will recommend corrective measures along the Study Reach to achieve its stability. Furthermore, we will ensure that those corrective measures will not have adverse hydrologic, hydraulic, biological and geotechnical impacts downstream and upstream of the Study Reach. Study Reach 1 \A 51 -inch Storm Drain J Pacific Coast Kim We have assembled the Rivertech- Leighton -LSA team (Study Team) because of our past experience and knowledge about Monning Canyon. During the late 1980s and early 1990s the three firms have worked together to mitigate the impacts of the Newport Coast Development on Morning Canyon. The Study Team's experience noted below substantiates that we can perform the following Proposed Scope of Work in a cost- effective and efficient manner. The Scope of Work proposed by Leighton and Associates and LSA Associates are appended to Rivertech Inc. proposal. 23332 Mill Creek Drive Suite 210 Laguna Hills, CA 92653 Tel: 949- 586 -6127 Fax: 949 - 457 -6356 www.rivertec.com Familiarity with Morning Canyon. Since 1987, under contract to The Irvine Company, the Study Team has performed several hydrologic, hydraulic, sediment transportation, geotechnical and biological analyses of the Newport Coast watersheds, including Morning Canyon. The Master Drainage and Runoff Management Plan (MDRM) for the Newport Coast Development prepared by Rivertech Inc. in 1989 documents a significant portion of those analyses. Leighton and Associates and LSA Associates provided geotechnical and biological support for that MDRM • Newport Coast Erosion/Deposition Processes Monitoring Program. During construction of Newport Coast The Irvine Company had retained the services of Rivertech Inc. to monitor the alluvial behavior of several streams including Morning Canyon. During that period we have taken numerous pictures and videotapes of Morning Canyon and are in our files. PROPOSED SCOPE OF WORK Task 1 - Perform Site Reconnaissance Survey and Obtain Baseline Data Members of the Study Team will observe the site and obtain onsite information. If possible, we propose that during the site reconnaissance survey you observe the site jointly with us. To compare the existing failed condition to the original condition we will bring copies of the historic pictures for Morning Canyon with us. Task 2 — Perform Hydrologic Analysis We have both the electronic files (AES Files) and hard copies of the hydrologic analysis in our office for Basins P and P3. The analysis has been performed for the return periods of 2, 5, 10, 25 and 100 years. We will route the outflow hydrographs from each basin to Point "A" of the above figure to obtain the hydrographs for the Study Reach. Task 3 — Organize Workshop, Develop Conceptual Alternative Restoration Plans and Select the Most Preferred Alternative The Study Team will meet in a workshop environment and develop a minimum of three conceptual alternative restoration plans. We would also request that you and those who may be designated by you to attend this workshop. It should be mentioned that the restoration plans most probably would be different than the condition, which had existed prior to the slope failure and vegetation growth. This is because once the mechanics of an alluvial stream has been disturbed it is difficult to bring it back to its natural condition. Even if that were possible, time is required before the system heals. Until the system recovers it may be subject to failure again. Therefore, in developing alternative plans we will focus on the stability of Morning Canyon both during short and long -term periods. Task 4 — Perform Hydraulic Analysis To hydraulically analyze the Study Reach in its existing failed condition cross- section survey data are required. We understand recent topographic data for Morning Canyon can be obtained from the County of Orange, Public Facilities & Resources Department. If such data are not available we request that the City provide the Study Team with those survey data. Topographic maps for Morning Canyon prepared in the late 1980s are available in our files. Using the U.S. Army Corps of Engineers EEC -RAS Model three conditions will be hydraulically analyzed. The three conditions are: / • Pre- failure Condition • Post - failure Condition, and • Corrected Condition Water surface profiles as well as other hydraulic parameters such as depth and velocity will be calculated along the Study Reach corresponding to the Return Periods of 2, 10, 25 and 100 years. Calculation of hydraulic parameters for higher frequency events such as 2 years is important because they represent the channel forming discharge Task 5 — Qualitatively Evaluate the Mechanics of Morning Canyon Using the results of Tasks 1 through 4 we propose to evaluate the alluvial behavior of Morning Canyon corresponding to the three conditions mentioned in Task 4. Under each condition we will predict the response of the stream to future flood events. Task 6 — Prepare the Study Report Rivertech Inc. proposes to summarize the results of the above tasks in a concise report that will show the plan, profile, sections and details of the restoration plan. We will integrate the results of our analysis with those by LSA Associates and Leighton and Associates. PROPOSED FEE The combined proposed fee for Rivertech Inc., Leighton and Associates and LSA Associates is estimated at $85,770.00 as shown in the attached table entitled Estimated Labor and Fee. Rivertech's proposed fee is based on our estimated labor to accomplish the above Scope of Work and Rivertech's Schedule of Charges for 2002. For your convenience I have enclosed a copy of that schedule. In addition, I have enclosed copies of resumes for Mr. Atayee and I along with the Summary of Qualification and Experience for Rivertech for your files. Thank you for the opportunity to submit this proposal. We are optimistically looking forward to work with you in the referenced monitoring program. If you have any questions or require more information please do not hesitate to contact Mr. Atayee or me.. I hope the above Scope of Work meets with your approval and would appreciate receiving your authorization to proceed at your earliest convenience. Sincerely, RIVERTECH C. Hasan Nouri, P.E. President Received: 2125102 2:55PM; 02-25 -02 02 :41 pm From- LSA February 25, 2002 > Rlverteeh Inc.; Page 2 Exhibit A -1 LSA A55o0IATE6, INC. OTSIR OFFICES, 1. COLLINS ONE SARK FLA1A. SUITE 500 949.55J.0666 TEL RREKELET EIVEEx,DE IRVINE. CALStOIINIA 91614 949.553.6076 rA FT. RICHMOND ROCSLIN Mr. Hasan Nouri Rivertech 23332 Mill Creek. Drive, Suite 210 Laguna Hills, CA 92653 Subject: Proposal for Biological Support - Wynkoop Slop Restoration - Morning Canyon, Corona del Mar, California Dear Hawn: LSA Associates, Inc. (LSA) is pleased to provide this proposal for biological services in support of the subject project_ We have divided this proposal into two phases. The First will be done in support of actual project design the second phase consists of subsequent CLQA documentation and permitting that cannot be implemented until the design is completed. Because the final project is not known at this time, the scope and budget for the Phase 11 tasks are necessarily more general. SCOPE OF SERVICES Phase I Task I - Biological Resources Assessment. LSA will assess the site for all biological resources, including endangered and threatened flora and fauna. A database search and habitat suitability assessment will be completed for the site. The results of this assessment may indicate the need for surveys not included in this scope of services, for the presence of listed species such as the coastal California gnatcatcher (Polioptila californica californica). Task 2 - Wetland Jurisdictional Delineation. Under Section 404 of the Clean Water Act, the United States Army Corps of Engineers (Corps) regulates discharges of fill materials into waters of the United States, including wetlands_ Waters of the United States include essentially any body of water (e.g, drainage course) with defined banks or other evidence of flow. The California Department of Fish and Game (CDFG), through provisions of the State of California Administrative Code, is empowered to issue agreements for any alrennion of a river, stream, or lake. Streams (and rivers) are defined by the presence of a channel bed and banks, and at least an intermittent flow of water. 2(25 /02(<14:WR71PROPSSE)Va pmp.wpd)) FLANNINC I ENVIRONMENTAL SCIEFCLS I aCx,en Received: 2125/02 2:55PA4; 62-25 -02 02:41pa Fran- 1.5n INC. -> Riventech Inc.; Page 3 T-601 P.002 /011 F -960 LSA will complete a ocused Hand delineation according to the 1987 Corps of Engineers Wetland Delineation Manual, ntly accepted methodology, using the routine delineation methodology. A comprehensive delineation will not be necessary. LSA will also complete, concurrently, a jurisdictional "waters of the U.S." determination according to current Corps standards. Finally, LSA will determine the extent of any streambed and associated riparian areas subject to review by CDFG under Section 1601 of the Fish and Game Code. Because of the significance of this issue to other tasks within this scope of services, verification ofthe wetland area is critical. The results of the delineation will be presented in a detailed report, which will include large -scale mapping (e.g., 1 " =20') of any wetland and other jurisdictional areas. The report will be provided in draft form for review by the project team. Any concerns regarding LSA's findings will be resolved by discussion among the team members. LSA will provide a final report in appropriate format for submittal to the Corps. Task 3 - Biological Input on Design. Based on Tasks 1 and 2, LSA will provide initial input on constraints and opportunities for the preliminary design alternatives that are being considered. Much of this input will be directed toward minimizing the permitting requirements, i.e., by avoiding impacts to jurisdictional areas. In the event the impacts arc unavoidable, we will focus on incorporating prudent habitat restoration measures into the project design so that the project is essentially self - mitigating. The budget for this task includes attendance at two meetings, with you and/or the City, and preparation of a concept plan for habitat restoration. Phase II Task 4 -Prepare CEQA Documentation. LSA will prepare the environmental analysis for the rear yard improvements. LSA will conduct an Initial Study that will conform to California Environmental Quality Act (CEQA) requirements, with the objective of providing enough information to enable the City of Newport Beach to make a finding with respect to die potential environmental effects of the project. Our approach will be to prepare the Initial Study to determine whether a Categorical Exemption, Negative Declaration, or Mitigated Negative Declaration is applicable for project CEQA clearance. This proposal is based on the preparation ora Negative Declaration, similar to another Negative Declaration prepared by LSA for another slope stabilization project in the Coastal Zone, within the City of Newport Beach. Our analysis will be provided to the City, which the City will then use to make its own determination. We propose that the draft Initial Study be presented to the City staff at a meeting to review the analysis and findings. To accomplish the task outlined above, LSA will complete the following items: • Prepare an analysis to determine whether there are significant environmental impacts associated with rear yard improvements. Analyses will include the potential for impacts to land use, public health and safety, biological resources, and geological resources. All other CEQA Initial Study checklist items will be addresscd, although at a lesser degree of detail. 225/ 02«II:VART,PROPS- SO%wanprop.wpdU 0 RIVERTECH SCHEDULE OF CHARGES Exhibit B 2002 Professional and Support Services Principal Engineer $170 /hr. Senior Engineer $130 /hr. Project Engineer $110 /hr. Staff Engineer $100 /hr. Field Engineer $85 /hr. Draftsman $60 /hr. Technical Writer $60 /hr. Administrative Secretary $40 /hr. For court appearances and depositions, the hourly rates are increased by 100 percent, minimum of 4 hours. Direct Costs Reimbursable direct costs will be billed at cost plus 10 percent to cover the cost of general administrative expenses and handling. The reimbursable direct costs include, but are not limited to: • Travel - Airfare, Auto Rental, Local Mileage ($0.32/mile) • Subsistence - Lodging and Meals • Communications - Long Distance Telephone & Fax • Equipment Rental • Internal Reproduction ($0.22 /sheet) • External Reproduction - Reports, Blueprints, etc. • Services Performed by Subcontractors 23332 Mill Creek Drive, Suite 210, Laguna Hills, CA USA, 92653 Tel: (949) 586 -6127 Fax (949) 457 -6356 www.rivertec.com 4FA AY%OCIAT[I. Inc. HOURLY BILLING RATES - EFFECTIVE AUGUST, 2001` Job Classification PRINCIPAL ASSOCIATE/PROJECT MANAGER ASSISTANT PROJECT MANAGER PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST- ENGINEER FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY) RESEARCH ASSTSTANT/TECHNICIAN FIELD CREW GRAPHICS OFFICE ASSISTANT WORD PROCESSING Exhibit C Hourly Rate ' $100 -200 $ 75 -150 $ 45 -100 $ 45 -80 $ 30 -75 $ 45 -75 $ 25 -50 $ 20-60 $ 75 $ 50 $ 70 Revised August, 2001. The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $250 per hour regardless of job classification. LACORMCONTRACT.WD <<V6/02J) 3