HomeMy WebLinkAbout18 - Upper Morning Canyon Channel0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. la
March 9, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: UPPER MORNING CANYON CHANNEL - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
FOR PREPARATION OF CONSTRUCTION DOCUMENTS
RECOMMENDATION:
1. Approve a Professional Services Agreement with RBF Consulting (RBF), of Irvine,
California, for preparing construction documents and obtaining permits by
jurisdictional agencies, for the stabilization of the Upper Morning Canyon Channel at
a contract price of $250,650.00 and authorize the Mayor and City Clerk to execute
the Agreement.
2. Approve a Budget Amendment of $250,650.00 from the unappropriated General
Fund reserves.
DISCUSSION:
At the June 24, 2003 Study Session, Council was briefed on certain issues related to
Morning Canyon including stream bed erosion, slope failures on private property and
the invasion of exotic species. The City retained a consultant (Rivertech) to evaluate
the causes of, and develop a conceptual plan to address the streambed erosion. The
City Council directed staff to develop a scope of work, based on Rivertech's conceptual
design, that identifies the tasks necessary to complete drawings and specifications for a
project that would comply with requirements of all regulatory agencies and address the
streambed erosion and habitat issues. The City Council confirmed that its intention to
proceed in this manner, to develop the construction documents, and ultimately
construct the improvements, is contingent upon the residents providing the City with the
easements necessary to construct and maintain the project.
In a subsequent show of support for the project, owners from twenty of twenty -two
properties along the canyon have recently signed non - binding 'Memoranda of Intent'
(see attachment for sample) to grant the City construction and maintenance easements
for the proposed project. City staff continues to pursue signatures from the remaining
two property owners and hopes to have 100% support within the next two weeks. If the
SUBJECT: UPPER MORNING CANYON CHANNEL - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING FOR PREPARATION OF CONSTRUCTION DOCUMENTS
March 9. 2004
Page 2
City proceeds with the design of this project, City staff has agreed to report to the
property owners on the design evolution at project milestones. At the conclusion of the
design, completed construction documents will be provided to property owners for
review. It the project meets their approval, formal easement documents will be
prepared and executed with each property owner.
Public Works staff discussed consultant qualifications that would be needed to prepare
construction documents for this unique project that could be permitted by jurisdictional
agencies in a timely manner. Two important criteria were identified.
1. Because of the deterioration in the channel and the potential for slope failures,
the consultant must be able to provide a full spectrum of services that would
allow rapid preparation of construction documents for review and approval by the
City as well as the California Coastal Commission, Army Corps of Engineers,
Regional Water Quality Control Board, and State Department of Fish and Game.
2. The consultant must have demonstrated ability to perform complex hydraulic,
sediment transport and scour analyses in order to properly locate and design
hydraulic control structures, including two- dimensional hydraulic analysis at
critical channel locations to accurately calculate shear forces, which in turn will
be used to determine channel armoring. Of critical importance is the need for
the consultant to demonstrate that there will be no adverse downstream impacts
due to any proposed improvements in the streambed.
Based on the complexity of the project, staff reviewed the qualifications of the larger,
full- service engineering consultants and is recommending the City Council select RBF
Consulting based on its hydraulic analysis expertise, overall drainage design and
permitting experience, and successful track record for successfully completing difficult
projects on schedule for the City.
RBF Consulting was invited to submit a proposal and has provided a well- conceived
and comprehensive scope of work for the fieldwork, streambed stability analyses, final
design and permitting. At the request of many property owners, the consultant has
added a task to define measures to secure the canyon from unwarranted entry. Staff
has reviewed the proposed fee and thinks it is reasonable and realistic. RBF's design
schedule anticipates that the City will have permitted construction documents by the fall
of 2004.
Funding Availability:
The preliminary estimated total cost for the project including engineering design,
permitting and construction is approximately $2 million. Staff recommends approval of
the attached RBF Consulting professional services agreement, along with a Budget
Amendment of $250,650, and that RBF immediately proceed with preparation of the
engineering design documents for this important project.
Upon approval of the recommended budget amendment, sufficient funds for the project
will be available in the following account:
SUBJECT: UPPER MORNING CANYON CHANNEL - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING FOR PREPARATION OF CONSTRUCTION DOCUMENTS
March 9, 2004
Page 3
Account Description Account Number Amount
General Fund 7012- C5100750 $250,650.00
Total: $250,650.00
Environmental Review:
City Staff would prepare CEQA documents for an anticipated Mitigated Negative
Declaration with assistance from RBF. The final construction drawings will include an
ecological restoration plan including an exotic pest plant eradication plan.
Prepared by:
Robert Stein, P.E.
Principal Civil Engineer
Attachment: Professional Services Agreement
Memorandum of Intent
Budget Amendment
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Submitted by:
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR MORNING CANYON CHANNEL STABILIZATION PROJECT is
THIS AGREEMENT is made and entered into as of this _ day of ,
20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and RBF CONSULTING a corporation whose address is 14725 Alton Parkway,
Irvine, California, 92618 -2027 ( "Consultant "), 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 is planning to implement Morning canyon Channel Stabilization Project.
C. City desires to engage Consultant to prepare construction documents and
process these documents for permits from the jurisdictional agencies as outlined
in the Scope of Services attached hereto as Exhibit "A" and upon the terms and
conditions contained in this Agreement ('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 Consultant for purposes of Project shall be Steve Huff,
P.E..
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:
1. TERM
The term of this Agreement shall commence on the above written date and shall
terminate on the 31st day of March, 2005, 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
Consultant shall perform the services in accordance with the schedule included
in Exhibit B. The failure by Consultant to strictly adhere to the schedule 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 party 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 either telephone, fax, hand - delivery or mail.
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 Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
In no event shall Consultant's compensation exceed Two Hundred Fifty
Thousand Six Hundred Fifty Dollars and no /100 ($250,650.00) 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
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5.
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
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 the Schedule of
Billing Rates as set forth in Exhibit B.
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 John McCarthy 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.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E. 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.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 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 be in
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charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods, •
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with 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 be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
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, attomey's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, 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 attomey'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
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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. Signature. 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
is Category Class VII (or larger) in accordance with the latest edition of
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Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
Coverage Requirements.
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).
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
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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.
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
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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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for 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 is
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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 original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. 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.
20. 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.
21. 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
22. 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.
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23. 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 /her 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.
24. 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 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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. 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.
27. 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,
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addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: John McCarthy
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: 949 - 855 -5759
Fax: 949 - 586 -6531
28. TERMINATION
• In the event that either party 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 (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.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
10 ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
12
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.
30. 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.
31. 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.
32. 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.
33. 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.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
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.
36. 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. •
13
E
0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
RBF CONSULTING:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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City of Newport Beach
EXHIBIT 'A' .
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10-103181
SCOPE OF WORK
February 25, 2004
GENERAL DESCRIPTION
The Scope of Work provided is for the review of conceptual design studies; and the development of a final
PS &E package for the stabilization of Morning Canyon from Pacific Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed
in accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards
and criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual
design report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning
Canyon, Stabilization, Hydrologic and Hydraulic Analyses," by Rivertech Inc, dated August 2002. The
conceptual design study identified recommended improvements to stabilize the channel reach and maintain
the riparian and alluvial characteristics of the existing stream corridor.
The proposed work effort will include a review and evaluation of the previous studies and reports that have
been completed on the project reach, refinement of the conceptual stabilization design, coordination with the
jurisdictional agencies, and development of final drawings, specifications, and estimates forthe installation of
the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development •
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach.
PHASE 1A. PRELIMINARY ENGINEERING
The goal of Phase 1 is to produce documents, exhibits, backup calculations and cost estimates so that:
• Staff can confirm the validity of the preliminary plan,
• Project costs can be reliably relayed to the City Council and the Irvine Company.
Once the City has approved the preliminary documents, the Consultant submit an application to the Coastal
Commission to gain concept approval for the project.
TASK 1.0 RESEARCH /INVESTIGATION /BASE DATA REVIEW
Upon notice to proceed, Consultant will review existing improvement drawings, studies,
record data, utilities, CONB GIS maps and other information relevantto the project and within
and adjacent to the project area. Consultant will conduct review at the City, Caltrans, and
County. Consultant will conduct field reconnaissance study and photo log of the existing
conditions including encroachments.
TASK 2.0 FIELD SURVEY / TOPOGRAPHIC MAPPING
Consultant shall collect field survey data for the design of the proposed improvements that
shall include the preparation of limited topographic base mapping through field survey
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methods. In addition, stream cross - sections will be obtained at critical locations. The field
survey data will be compiled to develop a topographic base map of the project area. Field
survey information will also include surface ground culture. The existing overgrowth of
vegetation severely limits the ability to efficiently survey the area; therefore, this task is a
budget item based on 60 -hours of field survey time (2- person crew), should additional
field survey /topographic mapping be required, a separate addendum will be provided.
All topography shall be electronically field data collected and detailed on a hardcopy back up
and field notes.
Data Processing and Deliverables: Consultant shall process all data and prepare all
drawings per City standards.
TASK 3.0 CONSTRAINT MAP
Based on CONB maps, an electronic version of a Constraint Map showing property lines,
ownership, relevant easements of record and other significant property rights that could affect
this project will be prepared for use by the design team.
TASK 4.0 GEOTECHNICAL INVESTIGATION
The objective of this investigation will be to assess streambed characteristics of the creek in
order to determine the potential armoring characteristics, and provide representative soil
samples for the scour analysis. The necessary personnel, equipment and materials to
perform subsurface exploration, laboratory testing and data analyses will be provided.
Depending on environmental concerns, either grab samples or hand auger samples may be
required. Soil samples will be taken at critical areas on the subject channel reach.
A report of the findings and geotechnical recommendations for design of the project will be
prepared. Should additional geotechnical investigation be required for structure design or
adjacent development slope stability analyses, a separate addendum will be provided. The
report shall be submitted to the City for review and approval.
TASK 5.0 PRELIMINARY HYDRAULIC AND SCOUR ANALYSIS
Consultant shall provide engineering services to perform the Preliminary Hydraulic Analysis
for the Morning Canyon and the proposed drop structure improvements. The Preliminary
Hydraulic Analysis will include verification of existing floodplain hydraulics for this portion of
the creek starting with the model already developed by Rivertech and modified as necessary.
with information obtained from the research and field survey. The existing and proposed
floodplain hydraulics conditions will be modeled utilizing the Army Corps of Engineers HEC-
RAS analysis. Channel geometric characteristics, such as conveyance cross - sections,
roughness coefficients, and encroachments, will be analyzed based on field cross - section
information and site inspections. Potential hydraulic constraints will be investigated prior to
analyzing proposed alternative designs.
The hydraulics of multi- frequency design flows shall be investigated and the associated
hydraulic impacts assessed to determine the level of flood protection associated with the
proposed improvements. The hydraulic analysis shall extend adequate distance upstream
and downstream from the proposed project to fully evaluate the impacts to the existing
flooding. Average hydraulic parameters generated shall be utilized for the scour and
sediment transport analysis to determine additional facility protection requirements. The
scour analysis shall incorporate aggradation and degradation tendencies associated with this
portion of the creek to be determined as part of Task 6.0. The scour analysis will determine
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the scour parameters used in designing and locating the proposed drainage facilities. In
addition, the limits and extent of the required protection downstream of each grade control
structure shall be determined. Modifications to the conceptual design shall be
recommended.
The hydraulic and scour analysis shall be prepared using hydrology previously developed for
the project area.
TASK 6.0 STREAMBED STABILITY AND SEDIMENT TRANSPORT ANALYSIS
Based on the channel baseline engineering analysis for the watershed hydrology and
hydraulic conditions developed in Task 5, the Consultant shall develop alternatives for
streambed and streambank stabilization for the Morning Canyon to be maintained in a
"natural' condition. These measures will provide control for in- stream degradation or lateral
bank migration. The analysis will be based upon the preliminary stabilization measures
developed in the Rivertech, Inc. study. Stabilization measures will focus maintaining the
natural channel response in the canyon, and identifying control measures that will achieve
these conditions. Grade control structures will focus on incorporating typical resource agency
requirements and re- establishing a stabilized natural stream system. The analysis will
provide recommendations for final design of structural streambank protection measures. The
analysis will Identify the potential long -term and short-term modifications to the channel
streambed, potential stream impacts, and identify the areas of potential lateral bank
migration.
The Consultant shall:
• Evaluate the anticipated long -term aggradation /degradation from the river hydraulic
effects utilizing standard sediment transport relationships.
• Estimate the event -based and average annual trends expected along the canyon
considering the current sediment sources in the watershed.
• Analyze the sediment balance for the stream by characteristic channel reaches, and
evaluating trends.
• Identifythe areas and magnitudes of expected aggradation and degradation fora full
range of analyzed flood events.
• Evaluate the relative channel stability by evaluating incipient motion parameters and
the potential armoring.
A pseudo sediment routing model, such as the Department of the Army's SAM Hydraulic
Design Package for Channels program will be used to develop the long -term equilibrium
slope for the channel. The SAM computer model is a fixed bed model which is used to
estimate sediment transport trends along the subject channel. This analysis will be used to
determine the need for grade control structures and other channel stabilizing measures. The
sediment inflow hydrograph will be applied to the various sediment categories based upon
the grain size distribution. The estimated degradation and aggradation depths along the
channel profile will be plotted in profile. Sediment transport quantities as a result of the
model will be summarized.
Perform a qualitative assessment of the potential impacts to the downstream reach of
Morning Canyon below Pacific Coast Highway as a result of the proposed channel
stabilization project. Identify potential impacts and recommend additional studies, as
necessary, based on the results of the assessment.
Results, findings and recommendations for Tasks 5 and 6 shall be submitted to the City for
review and approval. This report shall include the background for the hydraulics, hydrology,
design criteria, constraints, assumptions, references, and technical calculations that will be
prepared in a suitable format acceptable for review by the jurisdictional agencies.
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TASK 7.0 CONCEPTUAL ACCESS ROAD ALIGNMENT AND GRADING STUDY
Consultant shall complete a conceptual access road alignment study to evaluate and
recommend a preferred roadway for the maintenance of the proposed grade control
structures. A maximum of 2 different alignments will be analyzed. The study will evaluate
the required alignment based on the physical, environmental, construction, and engineering
requirements. Preliminary grading requirements for the roadway embankment will also be
evaluated for the alternatives. A conceptual grading plan exhibit will be prepared which
illustrates the recommended design and submitted to the City for review and comment.
TASK 7.OA CREEK SECURITY STUDY
Consultant shall complete a conceptual creek security study to evaluate and recommend a
preferred method to provide fencing or other methods to prevent unauthorized access to the
creek and access roadway improvements. A conceptual security plan exhibit will be
prepared which illustrates the recommended design and submitted to the Cityfor review and
comment.
TASK 8.0 RESTORATION/LANDSCAPE CONCEPT PLAN
Consultant shall prepare one presentation quality landscape concept plan for the project
restoration. The plan shall be prepared based on site opportunities and constraints, the
requirements of the City of Newport Beach and input on the planting palette from the project
biologist. The goals of the plan will be to incorporate the regulatory mitigation requirements
in- stream, and include the drawings within the final construction documents. The plan shall
be prepared at an appropriate scale in Autocadd on a base map of the project site prepared
by RBF.. The plan shall depict areas of exotic plant removal, areas to be re- vegetated and
planting concepts. The plan and a preliminary estimate of construction costs will be submitted
to the City for review, comment and approval.
It is assumed that re- vegetation can be achieved without the use of an automatic irrigation
system and the design of a system is excluded from this scope of work.
TASK 9.0 PRELIMINARY EXHIBITS AND SUBMITTAL TO COASTAL COMMSISON FOR
APPROVAL IN CONCEPT
Consultant shall prepare plan and profile exhibits which will consist of a Preliminary Plan for
the general layout of the proposed grade control structures, specifically focusing on the (1)
control structure layout, (2) access road alignment, and (3) and temporary and permanent
grading requirements. Conceptual layout plans will be produced at an appropriate scale
utilizing existing available topography. Additional information to be indicated on these
exhibits will include the base map data from research, facility sizes, roadway dimensions,
easements & right -of -way, and encroachments.
This task shall include preliminary cost estimates, a constructability review of the preliminary
design to assess the potential construction impacts, and prepare a value- engineering studyto
determine potential modifications to the design to reduce construction impacts or project
cost. Recommended modifications will be discussed with the City, and incorporated into the
final plans as necessary.
Prepare a permit package for submittal to the CCC. Process the package for Concept
Approval. List all the elements you expect to be needed for the submittal. Adjust you budget
accordingly.
PROPOSAL SCOPE AND FEE Revision Date:2;75 04
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TASK 10.0 PROJECT MANAGEMENT /PROJECT COORDINATION 0
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall include the preparation of exhibits and handouts, and attendance at one public
meeting to be set up by the City.
PHASE 1 B — ENVIRONMENTAL ASSESSMENT AND PERMIT PROCESSING
TASK 11.0 JURISDICTIONAL DELINEATION AND REPORT PREPARATION
Consultant will perform a jurisdictional delineation to determine jurisdictional "waters of the
United States," including wetlands (if present), located within the boundaries of the proposed
project. This task also includes a biologic constraints survey (prepared by LSA Associates),
to aid in the limits of the jurisdictional delineation. The delineation will result in a
determination of the ordinary high water mark(s) (OHWM) within the project site and indicate
the existence of any adjacent wetlands not within the jurisdictional ordinary high water mark.
The actual presence or absence of wetlands on -site will be verified through the determination
of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to
the 1987 Army Corps of Engineers (ACOE) Wetland Delineation Manual.
Using detailed mapping of the project area, Consultant shall prepare a jurisdiction delineation
map and technical letter report detailing the results of the field delineation. Consultant will
provide an assessment of acreage considered by the Army Corps of Engineers (ACOE) and
the California Department of Fish and Game (CDFG) to be jurisdictional "Waters of the United
States."
TASK 12.0 PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with the Army Corps of Engineers (ACOE),
the California Department of Fish and Game (CDFG), and the Regional Water Quality
Control Board (RWQCB) at the appropriate time to discussion potential permitting strategies
available for the proposed project, including mitigation expectations. It is crucial to obtain
feedback from the regulatory agencies prior to any vegetation removal on -site. RBF has
found these Pre - Application Field Meetings to be extremely beneficial with regards to
streamlining the permitting process.
TASK 13.0 COASTAL COMMISSION PRE- APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with representatives from the Coastal
Commission - South Coast District Office to discuss potential permitting needs for the
Morning Canyon streambed within the Coastal Zone. Prior to setting up the field meeting,
RBF will provide a conceptual plan showing access to the canyon, an estimate for the
quantity of vegetation that will be removed, and the method of removal. At the field meeting,
RBF and the Coastal Commission will discuss the following key elements to move forward
with the design aspects of the project: 1) the permitting approach to formally identify the
Coastal Commission's application requirements, 2) alternatives for disposing the removed
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vegetation, 3) mitigation requirements (i.e. on -site or off -site habitat restoration, interim
erosion control, or participation in other Coastal Commission restoration activities, etc.) and
4) a formal request that mitigation associated with survey activities (if required) be tied to the
construction mitigation that will be conditioned under the final CDP.
PHASE 2 — FINAL DRAWINGS, SPECIFICATIONS AND ESTIMATES
Phase 2 includes the final design of the recommended improvements developed in Phase 1, and will not
proceed without prior City approval.
TASK 14.0 FINAL HORIZONTAL & VERTICAL ALIGNMENT
Provide engineering services to perform calculations for the final horizontal and vertical
alignment of the proposed grade control structures and channel improvements. This shall
include the development of construction centerline for the finalized access road and channel
facilities. Construction stationing developed from the horizontal and vertical alignment
calculations. Precise coordinates shall be determined for the location of the proposed
facilities. A horizontal control plan shall be produced which provides the survey control data
for critical points on the proposed improvements.
TASK 15.0 MORNING CANYON IMPROVEMENT DRAWINGS
The consultant shall prepare improvement drawings for the stabilization of Morning Canyon
Channel from north of Pacific Coast Highway to the Pelican Hills Golf Course. The proposed
improvements will be based on the approved Preliminary Design Study completed in Phase
1A. This task is based on the construction of 4 gabion drop structures and 2 groins located
along an approximately 800 foot reach of channel. If during the course of design review it is
determined that modifications are required to the original concepts, then this redesign will be
accomplished through a separate addendum to the Client.
This work item is based on the preparation of one set of Morning Canyon Channel
improvement drawings. The construction drawings will include cover and general note
sheets, channel plan and profile, grade control structure sections and details, grading, lateral
profiles, and quantities on standard City of Newport Beach format prepared at a scale of
1 " =40' or 1 " =20'.
TASK 16.0 ACCESS ROAD DESIGN DRAWINGS .
Provide final engineering services for the preparation of construction drawings for the
Morning Canyon access roadway. The roadway alignment and configuration will be based on
the preferred alternative developed as part of the "Conceptual Access Road Alignment and
Grading Study' completed in Phase 1A. The roadway drawings will be processed for
approval through the agencies as part of the Morning Canyon Improvement Drawings. This
work item includes the preparation of plan and profiles, grading, and associated details
necessary for the construction of the access roadway at a scale of 1 " =40' or 1 " =20' on
standard City of Newport Beach format. It is assumed for this task that retaining walls will not
be required for the construction of the access road.
TASK 17.0 RESTORATIONLANDSCAPE IMPROVEMENT DRAWINGS
Consultant shall prepare one set of final landscape construction drawings, specifications and
cost estimates in sufficient form and detail to obtain approval from the Coastal Commission,
the US Army corps of Engineers and the City. The drawings shall be prepared based on the
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approved landscape concept plan prepared under Task 8. The drawings will be prepared at
an appropriate scale on base maps of the project site prepared by RBF. The drawings will
include plant removal drawings, a planting drawing, one planting detail sheet and
specifications for planting.
TASK 18.0 FINAL HYDRAULICS AND SEDIMENT TRANSPORT ANALYSIS
Consultant shall prepare a final hydraulic and sediment transport analysis of the proposed
channel improvements indicated on the construction drawings. The final design water
surface generated shall also be indicated on the drawings. All hydraulics studies shall be
completed in conformance with the latest available design, drafting, and policy and procedure
manuals of the City of Newport Beach, and the County of Orange.
This task includes the preparation of a "Final Channel Hydraulics " which will serve as
documentation of the final engineering design and associated technical analysis to support
the Morning Canyon channel design. The report shall update the preliminary report including
the backup data regarding final hydraulics, hydrology, existing facility data, design criteria,
specific design requirements, design constraints, assumptions, quantity and cost estimate
support, and all engineering calculations or analysis.
TASK 19.0 FINAL COST ESTIMATE
Prepare a final estimate of construction quantities and costs based upon the channel,
roadway, and landscape drawings utilizing current City cost data and the latest edition of
Caltrans Contract Cost Data book, and compare to established project budget.
TASK 20.0 SPECIAL PROVISIONS
Consultant shall develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included in the City's
standard contract documents. City will prepare the upfront "boiler plate" portions of the
contract documents (e.g. general provisions, contract requirements, notice to contractors,
etc.).
As needed, specifications shall include specific NPDES storrnwater provisions the contractor
will need to implement. There should also be discussion on nuisance flow diversion during
construction.
TASK 21.0 ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION
Assuminq the Project will Require a Nationwide Permit Consultant will prepare a submittal
package for a Army Corps of Engineers Permit to satisfy the requirements of Section 404 of
the Clean Water Act. It is assumed under this task that authorization to proceed from the
Corps can be achieved by using a Nationwide Permit (NWP). Nationwide Permit refers to a
type of general permit which authorizes typical activities on a nationwide basis. Based on our
preliminary assessment of the site conditions, including our current understanding of the
project's funding constraints, RBF believes that the project can be authorized under NWP 3,
Maintenance Activities. Critical elements for this NWP are paraphrased below:
"The repair, rehabilitation, orreplacementofanypreviouslyauthonzed, currentlyserviceable,
structure, or fill, or any currently serviceable structure or fill, provided that the structures or fill
is not to be put to uses differing from those uses specified or contemplated for it in the
original permit or the most recently authorized modification. This NWP authorizes the repair,
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10 rehabilitation, or replacement of those structures or fills destroyed or damaged by storms,
floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their
destruction ordamage. In cases of catastrophic events, such as hurricanes or tornadoes, this
two year limit may be waived by the District Engineer, provided the permittee can
demonstrate funding, contract, or other similar delays. °
Consultant will initially consult with the ACOE and request that the two year limitation for
NWP 3 be waived due to previous project funding delays. Should it be determined by the
Corps that an Individual Permit (IP) would be required for the proposed activities instead of a
NWP, the Client shall be notified and work shall continue based on a separate addendum or
on a time and materials basis, subject to Client approval.
The submittal package will include: a) 404 permit application standard form, b) vicinity map,
c) project description, d) jurisdictional delineation report, e) biology report, f) cultural
resources report, g) geology report, and h) site photos. Should this amount be exceeded, the
Client shall be notified and work shall continue based on a separate addendum or on a time
and materials basis, subject to Client approval.
TASK 22.0 CALIFORNIA DEPARTMENT OF FISH AND GAME 1600 PERMIT APPLICATION
Consultant will prepare an application submittal package for the CDFG 1600 Agreement for
Streambed Alteration (also known as a Streambed Alteration Agreement). The submittal
package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d)
jurisdictional delineation map, and (e) site photos. This task does not include the permit filing
fee, which can range up to $1,390.50 depending on the construction cost of the proposed
project.
. TASK 23.0 REGIONAL WATER QUALITY CONTROL BOARD SECTION 401 WATER QUALITY
CERTIFICATION
Consultant will prepare a submittal to secure a Water Quality Certification from the State
pursuant to Section 401 of the Clean Water Act. This certification is necessary prior to the
Corps concurring with discharges of fill material under the Corps permit process. This task
does not include the permit filing fee, typically $2,250.
TASK 24.0 RESOURCE AGENCY PERMIT PROCESSING
Provide regulatory services for the processing of the permits through the Army Corps of
Engineers, the California Department of Fish and Game, and the Regional Water Quality
Control Board. The processing shall include required correspondence or telephone calls
between the reviewing staff related to the permit or points of clarification and coordination
with the biological consultant, if necessary. This item includes any meetings with the
reviewing staff of the resource agencies during the review process. The fee associated with
this work is a budget amount since it is difficult to anticipate the processing requirements. A
budget amount of 35 hours has been allocated for this work item. Should this amount be
exceeded, especially due to the Corps' or CDFG's requirement for mitigation, then the Client
shall be notified and work shall continue based on a separate addendum or a time and
materials basis, subject to Client approval.
TASK 25.0 COASTAL DEVELOPMENT PERMIT APPLICATION FOR CONSTRUCTION
ACTIVITIES
RBF shall prepare the CDP application based on input from the Coastal Commission and City
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of Newport Beach. At a minimum, the following items will be included with the CDP .
application:
• Proof of applicant's interest in the property
• Assessor's Parcel Map(s) showing the proposed development site and all adjacent
properties within 100' of the property boundary
• Stamped envelopes addressed to neighboring property owners and occupants and
other interested parties and a list of the same
• Vicinity Map
• Two sets of project drawings, site plans, and other applicable drawings.
• Copy of environmental documents if prepared forthe project and anycomments and
responses
• Verification of all other permits, permissions or approvals applied for or granted by
public agencies
• Copy of Geology or soils report
• Local approval of the project
• Notice of Pending Permit to be posted in a conspicuous place
• Filing Fee
This task includes the application of one coastal development permit for the project
construction. Should additional permits be necessary for the completion of design services,
then this work can be accomplished through a separate addendum for an additional fee.
TASK 26.0 COORDINATION FOR PROCESSING OF COASTAL DEVELOPMENT PERMITS
RBF will coordinate the processing of the CDP application with the Coastal Commission, City .
of Newport Beach and other consultants. Interagency coordination should be initiated with
the other regulatory agencies (Army Corps of Engineers, California Dept. of Fish and Game,
Regional Water Quality Control Board, etc.) as soon as possible to ensure that the CDP
applications address the jurisdictional needs of the Coastal Commission. This item includes
any meetings (excluding the pre - application field meeting) with the Coastal Commission staff,
Client or consultants to review the CDP applications, respond to comments and discuss the
proposed conditions of approval. Projects considered by the staff to be consistent with the
California Coastal Act will be placed on the consent calendar for the next available Coastal
Commission hearing for approval. Two representatives from RBF will attend one public
hearing with the Coastal Commission. A budget amount of 60 hours has been allocated for
this task. If a second hearing is required (i.e. if the design survey activities are separated
from the construction activities and two separate CDP applications are required), the Client
shall be notified and the second hearing will be authorized under a separate work request.
TASK 27.0 CONTROL SURVEY AND PROPERTY LINE RESEARCH AND INVESTIGATION
Consultant will review the preliminary title reports for each of the subject lots as furnished by
the City and conduct research with the County of Orange, City of Newport Beach and local
agencies to obtain recorded maps and documents pertaining to the land boundaries and
survey monumentation. Prior to performing the field survey, the Consultant shall conferwith
the City Surveyorto ascertain performance guidelines and requirements. Field surveying will
be performed to tie and adjust the existing local project control system to the published
horizontal and vertical control.
Field investigation will include verification of the sufficiency of existing survey monumentation
to support the final boundary determination survey. •
PROPOSAL SCOPE AND FEE Revision Date:212R2 —OD4
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CITY OF NEWPORT BEACH
. Additional survey measurements and analysis will be performed to test the accuracy of the
existing topographic mapping, and to tie pertinent improvements as needed to define the new
facility locations.
TASK 28.0 MONUMENT PRESERVATION
Consultant shall locate, tie out and prepare pre- construction Corner Records for the existing
monumentation that will be destroyed during the construction phase. Upon completion of
construction and acceptance of improvements by the city, consultantwill re -set the destroyed
monumentation and file post - construction Corner Records.
TASK 29.0 LEGAL DESCRIPTIONS AND EXHIBITS
Legal descriptions and exhibit maps will be prepared for use in property rights acquisitions
between the City and homeowners. The type of property rights to be acquired will range from
temporary construction easements to drainage easements, access easement, the vacation of
existing easement no longer necessary and others items as may be needed to complete
subject project. A total of 35 legal descriptions and exhibits are anticipated and included in
this task. Additional legal descriptions and exhibits will be prepared under a separate
addendum.
TASK 30.0 PROJECT MANAGEMENT/PROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall also include a budget amount of 20 hours to assist the City with the
preparation of CEQA documents.
SCOPE ASSUMPTIONS:
GENERAL
Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
NPDES permit requirements and stormwater pollution prevention plan (SW PPP) will
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase 11 hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
5. This scope of work does not include any specialty environmental mitigation
measures such as soundwalls or off -site landscape modifications. Any specialty
0
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mitigation measures requiring implementation as a result of the approved •
environmental document will be negotiated separately with the Client.
6. One Public Meeting /presentation is included in the Phase 1A, Task 10 scope of
work.
7. All permit application /processing fees to be paid by the City.
8. Authorization for access to private properties for Consultant to complete field
reviews /surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQA
documents.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
included in the geotechnical fees. The Client will be notified immediately if
hazardous materials or waste are encountered during the field investigation.
RIGHT -OF -WAY •
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
ESCALATION
14. An annual escalation factor of a maximum five percent may be assessed for all
design or construction support work performed after March 31, 2005. Consultant
shall provide the City written justification for any proposed increase.
E
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CITY OF NEWPORT BEACH
EXHIBIT "B'
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
COMPENSATION
Client agrees to compensate Consultant for the work outlined in Exhibit "A" in accordance
with the schedule identified below:
PHASE 1A
1.0
Research /Investigation /Base Data Review
$ 3,500.00
2.0
Field Survey/ Topographic Mapping
16,100.00
3.0
Constraint Map
2,300.00
4.0
Geotechnical Investigation
8,100.00
5.0
Preliminary Hydraulic and Scour Analysis
10,530.00
6.0
Streambed Stability and Sediment Transport Analysis
12,000.00
7.0
Conceptual Access Road Alignment and Grading Study
6,300.00
7.OA
Creek Security Study
5,000.00
8.0
Restoration /Landscape Concept Plan
3,500.00
9.0
Preliminary Plan Exhibits and Design Study
12,660.00
10.0
Project Management/Project Coordination
10 450.00
Phase 1A Professional Fee
$ 90,440.00
Reimbursable Budget
3.000.00
Phase 1A Subtotal
$93,440.00
PHASE 1 B
11.0 Jurisdictional Delineation and Report Preparation $ 5,300.00
12.0 Pre - Application Field Meeting 1,240.00
13.0 Coastal Commission Pre - Application Meeting 2 300.00
Phase 1 B Subtotal $ 8,840.00
Reimbursable Budget 2,000.00
Phase 1B Subtotal $9,840.00
PHASE 2
14.0
Final Horizontal and Vertical Alignment
$ 1,800.00
15.0
Morning Canyon Improvement Drawings
27,800.00
16.0
Access Road Design Drawings
8,340.00
17.0
Restoration /Landscape Improvement Drawings
3,400.00
18.0
Final Hydraulics and Sediment Transport Analysis
6,840.00
19.0
Final Cost Estimate
3,340.00
20.0
Special Provisions
6,900.00
21.0
Army Corps of Engineers 404 Permit Application
2,280.00
22.0
California Department of Fish and Game 1600 Permit Application
1,600.00
23.0
RWQCB Section 401 Water Quality Certification
1,550.00
24.0
Resource Agency Permit Processing
3,600.00
PROPOSAL SCOPE AND FEE Revision Date:22521004
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CITY OF NEWPORT BEACH
25.0 Coastal Development Permit Application for Construction Activities
26.0 Coordination for Processing of Coastal Development Permit
27.0 Control Survey and Property Line Research and Investigation
28.0 Monument Preservation
29.0 Legal Descriptions and Exhibits
30.0 Project Management/Project Coordination
Phase 2 Subtotal
Reimbursable Budget
Phase 2 Subtotal
Total
3,840.00
10,290.00
9,000.00
4,000.00
37,500.00
10.290.00
$ 142,370.00
5.000.00
$147,370.00
$ 250,650.00
Progress billings will be forwarded to the Client and will include the fees earned for the billing period
plus all direct costs advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
Term of Contract
March 1, 2004 to March 31, 2005
PROPOSAL SCOPE AND FEE Revision Data,02572004
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•
0
MEMORANDUM OF INTENT
This non - binding Memorandum of Intent (MOI), dated the day of
between the City of Newport Beach (City) and
the owner(s) of property located at
(the Property) is based on the following:
A. The Property is improved with a single family residence and the
rear yard slopes to the bottom of a stream bed and associated
riparian area commonly known as Morning Canyon (the term
"Morning Canyon" as used in this MOI refers to the streambed
and slopes that are depicted in Exhibit A).
B. Morning Canyon has been subject to erosion which has the
potential to cause slope failures due to scouring at the toe of the
slope.
C. The Morning Canyon streambed and adjacent riparian area is
dominated by non - native species and has been the subject of
numerous private improvements that have altered the natural
character of the area.
D. The City and the Owner agree that the cause of the erosion, and
the legal responsibility for maintaining the streambed, would be
difficult to ascertain and any determination of responsibility
would involve considerable time and expense on the part of both
the Owner and the City.
E. The City is, subject to an expression of support from the Owner
through the execution of this MOI, willing to expend
approximately $250,000 to retain consultants for the purpose of
preparing biological and geotechnical assessments, designs,
drawings, specifications and permit applications for a Morning
Canyon Restoration Program that is more thoroughly described
in Exhibit B (Program).
F. The key components of the Program - which have been the
subject of consultant analysis performed prior to this MOI - are:
(1) The installation of natural rock stabilizers in the
streambed that are designed to protect the canyon from
dangerous erosion from storms up to the "100 year" event ;
(2) The installation of other surface or subsurface erosion
control devices;
(3) The removal of non - native vegetation;
(4) The planting of native species;
(5) The perpetual maintenance of the stabilization and
erosion control structures and the native landscaping.
G. The City would, to implement the Program, be required to obtain
from the every owner of property adjacent to Morning Canyon an
easement to construct an access road for construction
equipment, grading, stockpiling materials and grading spoils and
planting native vegetation.
H. The City would, to maintain Program improvements, be required
to obtain from every owner of property adjacent to Morning
Canyon an access easement across a portion to maintain the
structures and landscaping.
I. The City would, to maximize the benefits of the Morning Canyon
Restoration Program, be required to enforce irrigation and
planting guidelines that would minimize the amount of irrigation
water that drained from the Property into the streambed and to
prevent exotic species from interfering with the native species.
J. The City presently intends, subject to receipt, at no cost to the
City, of all easements necessary to implement and maintain the
Program, to seek and obtain all permits and prepare all
environmental documents that are prerequisites to the
implementation of the Program.
K. The City presently intends, again subject to receipt, at no cost to
the City, of all easements necessary to implement and maintain
the Program, to construct the Program at its sole cost and
expense and to maintain all Program improvements in perpetuity
at its sole cost and expense.
IN LIGHT OF THE FOREGOING
Owner expresses his /her /their present intent to grant to the City,
without consideration other than the City's construction and
maintenance of the Program at its sole cost and expense, easements
a across, over and under the Property to the extent necessary to allow City
to construct and maintain Program improvements.
City, subject to execution of this MOI by all owners of Property
along Morning Canyon, will retain consultants to prepare plans and
specifications for the Program in sufficient detail to allow the submittal of
applications for all necessary permits and the preparation of all necessary
environmental documents. Assuming that all permits are issued, the City
presently intends to seek easements from all owners of Property along
Morning Canyon that provide the City with all rights necessary to
construct and maintain Program improvements in perpetuity. Assuming
City receives all necessary easements and permits, the City presently
intends to proceed to budget funds to construct Program improvements,
initiate the public contract bidding process, award a construction
contract to the lowest responsible bidder and proceed with construction
of Program improvements. The City acknowledges that Owners execution
of this MOI does not constitute a binding commitment to grant City any
easement relative to Morning Canyon or the Program. City also
acknowledges that, while City is expending funds in reliance on the
execution of this MOI by all owners of property along Morning Canyon,
City has no right to recover all or a portion of the funds expended from
any owner of property along Morning Canyon.
0
Address
Owner Date
Owner Date
City Manager
9
City of Newport Beach NO. BA- 038
BUDGET AMENDMENT
2003 -04 AMOUNT: $250,650.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations related to the Upper Morning Canyon Channel Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Approval:
Signed:
Signed:
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$250,650.00
9
$250,650.00
Date
Day
Dafe
Date
Description
Division
Number
7012 General Fund - Drainage
Account
Number
C5100750 Upper Morning Canyon Channel
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Approval:
Signed:
Signed:
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$250,650.00
9
$250,650.00
Date
Day
Dafe
Date
*q
City of Newport Beach
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
HX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 038
AMOUNT: $103,280.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations related to the Upper Morning Canyon Channel Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
010 3605 General Fund Fund Balance $103,280.00
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed: _� //�/.>l0 (`J� /�Y�u 3' /O -&
Filnancial pproval: Administrative Services Director Date
Signed: B��y /-
Admini r`ative Approval City Nranager Da
Signed:
City Council Approval: City Clerk Dat
Description
Division
Number
7012 General Fund - Drainage
Account
Number
C5100750 Upper Morning Canyon Channel $103,280.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: _� //�/.>l0 (`J� /�Y�u 3' /O -&
Filnancial pproval: Administrative Services Director Date
Signed: B��y /-
Admini r`ative Approval City Nranager Da
Signed:
City Council Approval: City Clerk Dat
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: Morning Canyon Erosion
Tuesday, March 9, 2004
Dear Council Members:
The erosion problems in Morning Canyon directly threaten my property and the property of my neighbors. I am
here to encourage the City to take responsibility for the repair and maintenance of the flood channel that runs
through the canyon.
I have lived on Morning Canyon for over forty years. I purchased my house new in 1962. The City has a 10foot
easement along the northern edge of my property to allow for the maintenance of a 52" drainage pipe that ends
in a concrete outflow structure at the bottom of the canyon. This pipe carries the majority of water that flows
into Morning Canyon and out to the ocean.
Since 1962 there have been other severe storm events like the recent "El Nino" rains, but it wasn't until after the
completion of the golf course that the character and topography of the canyon really started to change. Prior to
that time, the level of the channel bottom remained constant regardless of seasonal storms. During rainstorms.
water flowed through the canyon, but for most of the year the channel bottom was dry, and a maintained access
road ran its length.
Since the completion of the golf course and other upstream development, drainage water has flowed year round
saturating the soil. Dense thickets of bamboo and other plants have taken hold. The dense foliage and other
alterations in the canyon have changed the course of the water flow. The level of the channel bottom has
dropped considerably, and a deep scour hole is moving up the canyon. This scour hole now threatens to
undermine the city's concrete outflow structure, which sits on my property.
Newport Beach uses Morning Canyon as an outlet for its city drains. It is essentially a public flood channel.
The City has maintained the canyon in the past, but for some reason stopped doing so.
urge the City to once again take responsibility for the Morning Canyon drainage channel, to mitigate the
current erosion damage and to implement a long -term solution. The residents on both sides of the canyon
recognize the urgency to resolve this matter, and have expressed a willingness to work with the City by
providing all access necessary for the City to plan and implement a solution.
Time is of the essence. Morning Canyon is a ticking time bomb of future property damage and liability
lawsuits. Please start the process tonight by approving both Actions in Agenda Item 18.
Thank You,
Helen R. Lusch
621 Rockford Road
Corona Del Mar. CA
J.
Morning Canyon Project
1 am Cal McLaughlin a Professor of Environmental Toxicology at UCI. For what it is worth I took and
passed the Hydrodynamics course at MIT. My wife, Helen McLaughlin who is a retired Federal Agent
and was a Newport Beach Planning Commissioner, has owned 544 Seaward Road for more than 30 years,
her property slopes gently down to the Morning Canyon as it exits the Irvine Company land next to the
golf course. One of my roles as Prince Consort is keeping her lawn mowed and watered. I have used
water in the creek that runs through Morning Canyon to water her lawn for many years as part of my
recycling efforts. This creek is fed by a spring in the upper part of Morning Canyon above the fifth
tairway. The flow has failed only two years during September and October, in 1977 and 1991 in more
than 30 years I have observed it. On one occasion I walked the entire canyon from start to the coast. I
have walked the canyon to Coast Highway on a number of occasions. Thus I have extensive experience
with the biology and topography of upper Morning Canyon. I would be surprised if anyone in the room
has put in more hours observing the canyon and its wildlife than I.
During all these years the stream bed meandered around but stuck fairly close to the center of the U shape
of the canyon and was confined in a channel that was less than a foot deep and under two feet across.
Now consider the El Nino event in December 1997 that did change the canyon. During intense storms the
runoff has always looked muddy golf course or no golf course. Under these the conditions there was
neither gain nor loss of elevation in the canyon bottom by my house before or after the golf course. . The
El Nino event in the in December of 1997 was by all accounts a 100 year storm That huge storm scoured
the canyon. Head cutting in the upper part of Morning Canyon right by my house took the creek bed from
an elevation from the surface of the canyon of minus a foot to an elevation of minus 5 feet. The channel
width went from two feet to 6 feet. The water in the canyon ran 40 feet wide and two feet deep above the
new channel which has a cross section of 30 square feet. Thus the creek had a 120 square foot cross
section compare to the one half square foot cross section during average flow. The velocity was very high
and indicated that a large volume of water was flowing the canyon. Damage might well have been worse
if it were not for the retaining dam on the golf course which moderated and lengthen the peak flow.
Water in fact topped the dam as it was designed to do. In the years since that event the canyon has been
stable and the creek is running the same channel it made during the event. It is gradually filling in with silt
at the upper end. This has raised the channel by 6 inches from the El Nino minimum. Head cutting, which
is the way canyons around here grow, is at an end in the upper canyon region as it has cut back to the
dam. The two dams on Morning Canyon are both undershot dams. They are not retarding much if any
silt. This huge amount of El Nino flow wrecked havoc on third Beach and took out all of the stairways
from Cameo Shores to Third Beach on Morning Canyon. The point that I want to make is that we
survived a 100 year flood in pretty good shape. There was no significant damage on the Seaward side. .
One naively thinks of the water as entering our area from the top of Morning Canyon and flowing to the
ocean. The complication is that Surrey Canyon before it was filled drained a larger area than upper
Morning Canyon. Historically they joined a few hundred feet just above Coast Highway. The water that
flowed down Surrey Canyon now flows out the 42 inch pipe that enters Morning Canyon across from the
Cabin residence at 528 Seaward. Water from the top of Morning Canyon enters the canyon from an
underflow pipe of about the same size under the dam that forms the bridge over Morning Canyon for the
golf carts. A table giving the peak flows in cubic feet per second for the maximum storm likely to occur in
different time periods follows: A cubic foot is about 7.5 gallons
Golf Course Dam 42 Inch Pipe Total
2 Year Storm 46 157 203
5 Year Storm
65
216
281
25 Year Storm
89
262
351
100 Year Storm
142
365
507
As you see the only about 25% of the water that reaches Coast Highway via Morning Canyon actually
enters Morning Canyon via the golf course dam above the McLaughlin § residence at 544 Seaward.
There are two points to this table. The first is that it supports my position that rock field #1 does nothing
and should not be built no matter what happens to the rest of the project. The dam on the golf course
already controls the flow enough that rock field #1 has no impact and it only would control 25% of the
flow anyway. If the #1 rock field is built it should be right below the dam since that is the area of
maximum slope. Three quarters of the water enters at the 42 inch pipe. None of the homes suffered any
significant damage on the Corona Highlands side of the canyon. There are two or three homes on the
Cameo Highlands side that have slope or potential slope problems. My guess is that these slope failures
are due to the way Surrey Canyon was filled in when Cameo Highlands was constructed. If the city feels
it has to help those homeowners why not do something local to help them get the permits to stabilize their
own slopes. You could solve any problems with local water flows at the level of the involved property. II
seems to me most unwise to spend two million dollars and involve the whole canyon to solve a problem
that has a less expensive alternative solution.
1 am also afraid that the people are going to be very unhappy with the result. One of the sticking points is
sure to be the roadway or trail down the canyon to allow the city to come in and maintain the vegetation.
The last time the canyon was cleared by bulldozer in the early 80s we had a rash of burglaries and
vandalisms where people approached the houses from the canyon side. Stealing something like a TV set
is difficult if you have to bushwhack your way back to the getaway car. If the vegetation is a problem let
the fire marshal use his ample power to have the homeowners fix the problem. If the homeowners do this
at random times the canyon will remain difficult to walk through and the wildlife will be protected.
As I understand it so long as no one interferes with the natural flow of water no one can be sued
successfully. To this point the city has not interfered with the natural flow of the water. Why is in the
city § best interest to become involved.
CITY OF NEWPORT BEACH
GENERAL SERVICES DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768. NEWPORT BEACH. CA 92658 -8915
(714) 644 -3055
July 2, 1990
Mary A. Rouse
522 Seaward Road
Corona del Mar, CA 92625
Dear Ms. Rouse,
This letter �r�. is to infors you that the City of Newport 3each intends,
as it has in the _oast, to clean out the Morning Canyon flood drainage
channel of weeds,
bushes and debris starting July 30, :990. This
drainage area lies between Cameo Highlands and Corona Highlands. The
purpose of cleaning the ditch is to allow water to flow through it
during heap( rains and thereby prevent flooding of ?ublic and private
property as well as to decrease the threat of fire during the dry
seasons.
To help in this project, it is requested that you have any private
plants, shrubs or trees located within the 22 foot City easement
extending eastward or the utility jJ0125 removed b`1 JUIy 29r 990'
you need further information regarding the clearance of Morning
Canyon, please contact Mr. Leon Hart, Field operations Superintendent,
at 644 -3060.
David E. Niederhaus
--EN /an
cc: City Manager
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ACCEPT!
IN THE CITY OF NEWPORT BEACH, ORANGE COUNTY
CALIFORNIA
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CI1 i- OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
P.O. BOY 1'768, NEWPORT BEACH, CA 92638 -8915
(949) 644 -3311
December 20, 2001
Mr. Chris Wynkoop
Mrs. Joy Wynkoop
601 Rockford Road
Newport Beach, CA. 92625
SUBJECT: Slope Restoration
Dear Mr. and Mrs. Wynkoop:
Your proposal envisions construction of gabion walls, a drainage system, and
appurtenances to restore and protect the slopes of your property at 601 Rockford Road
and your neighbor's property at 515 Rockford Place. The City is concerned that the
proposed slope restoration /repair work may have adverse impacts to the drainage
channel and neighboring properties. Hence, after a preliminary review of your
construction plan, the City has taken the following position and offers the following
recommendations and provisions:
1. The City recommends all structural improvements be located outside of the
22 -foot wide drainage easement and at least 25 -feet from the rear property
line to avoid Planning Commission approval as required per the City's Land
Use Element of the General Plan.
2. The City does not support the use of gabion walls as a long -term solution.
The City recommends caissons in lieu of the gabion walls. Caissons should
be located outside of the channel flood limits defined by the 100 -years storm
evert as determined by a drainage study. .
3. In general, the City is looking for a slope repair that conforms to the original
channel geometry and slope contours prior to the channel encroachments
and subsequent slope failure. Determination of the original channel geometry
and slope contours should be based on any available topographic records
(i.e. grading plans, surveys, aerial photos, etc.) prior to the slope failure.
4. Additionally, the proposed solution should give consideration to the
aesthetics of the channel including protecting native foliage during
construction.
5. In order to expeditiously approve the proposed slope repair, the City will
require a geotechnical report that supports the proposed grading and
structural improvements and a hydrology study /drainage report that confirms
that the proposed improvements will have no adverse impacts to
upstream /downstream properties. The drainage report must be signed and
stamped by a licensed civil engineer. The geotechnical report must be
signed and stamped by a licensed geotechnical engineer and /or certified
engineering geologist.
6. Final City approval is contingent upon obtaining all necessary
approvals /studies /permits from other agencies (e.g. Department of Fish &
Game, Army Corps of Engineers, Coastal Commission, etc.).
7. The preparation of an environmental document in accordance with the
California Environmental Quality Act will be required.
It is not within the City's purview to provide design solutions, studies, engineering
calculations, or reports for improving private properties. However, the City does have
an obligation to ensure that any work performed in an environmentally sensitive area
and within a public easement does not create any future problems to the surrounding
properties or environment. The recommendations proposed by the City will help ensure
that the work will have the least of amount of impact to the surrounding areas while
allowing for repair of your property and neighbor's property (515 Rockford Place) to
move forward in a timely manner. The City can offer advice and guidance with regard
to conformances to City policies and codes as well as our experience in processing
permits through other agencies.
Please submit your proposal per City's recommendations through the Building
Department.
If you have any questions or need additional information, please feel free to call me at
(949) 644 -3334.
Very truly yours,
Gilbert Wong
Project Engineer
Cc: Chadofte Walton (515 Rockford Place)
PIUSERIPBWGW ONG1WP51VA YKOOP -SLOPE RESTORATION DOC