HomeMy WebLinkAbout07 - WRC Consulting for Buck Gully StabilizationE
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
March 23, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein @city. n ewpo rt-bea ch.ca.0 s
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
WRC CONSULTING SERVICES FOR PREPARATION OF A
PRELIMINARY PLAN FOR BUCK GULLY STABILIZATION AND
RESTORATION
RECOMMENDATION:
Approve a Professional Services Agreement with WRC Consulting Services, Inc.
(WRC), of Anaheim, California, for preparing a preliminary plan for Buck Gully
stabilization, restoration and constructed wetlands at a negotiated fee of $85,664.00
and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
In June 2003, staff met with two consultant firms with experience in canyon erosion to
walk portions of Buck Gully from Coast Highway to the ocean. Each firm then proposed
a plan to evaluate and provide recommendations to stabilize and rehabilitate the
canyon. Staff reviewed the proposals and selected WRC's proposal as providing an
efficient and scientifically based approach for preparing a preliminary plan with detailed
recommendations. A fee of $85,664.00 was then negotiated with WRC.
As a part of the Buck Gully Restoration program, funded under a Proposition 13 Non -
point Source Grant, WRC will prepare a preliminary plan with recommendations for
canyon erosion control and stabilization that will provide the groundwork for preparation
of final construction documents and permits to install erosion control measures, re-
establish habitat and construct a wetlands in Buck Gully. WRC's scope of services
includes a historical data review, site reconnaissance, survey, soil sampling and
analysis, peer review of the fire hazard reduction report prepared by a another
consultant under a separate contract, flood and erosion analyses, preparing a habitat
restoration plan, preparing a preliminary constructed wetlands plan, preparing erosion
control recommendations, and preparing a composite report with recommendations.
SUBJECT: Approval of a Professional Services Agreement with W RC Consulting Services for Preparation of a Preliminary Plan for
the Buck Gully Stabilization and Restoration
March 23, 2004
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Fundinq Availability:
Sufficient funds for the project are available in the following account, which is a grant
from the State Water Resources Control Board:
Account Description Account Number Amount
Contribution Fund 7251- C5100659 $85,664.00
Environmental Review:
WRC will have its biologist survey the site for sensitive species and make. a
determination if the proposed project borings and soil sampling pose any environmental
hazard. Permits will then be obtained for these project activities during the design
phase.
Prepared by:
Robert Stein, P.E.
Principal Civil Engineer
Submitted by:
St phen 6. Badum
Public Works Director
Attachment: Professional Services Agreement 0
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PROFESSIONAL SERVICES AGREEMENT
WITH WRC CONSULTING SERVICES
FOR BUCK GULLY STABILIZATION AND RESTORATION PLAN
THIS AGREEMENT is made and entered into as of this day of
March , 2004, by and between the CITY OF NEWPORT BEACH, a
Municipal Corporation ( "City "), and WRC CONSULTING SERVICES, INC, a
corporation whose address is 5100 E. La Palma Avenue, Suite 116, Anaheim,
California, 90807 ("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 erosion control measures and restore habitat in
Buck Gully.
C. City desires to engage Consultant to research historical data, perform site
inspections, surveys, borings and soil sampling, and prepare a stabilization and
habitat restoration plan as detailed in Exhibit A ('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 Dr. Lan
Weber.
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 20' 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
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4.
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services within 100 days from the issuance of the
Notice to Proceed. 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.
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 Eighty -Five Thousand Six
Hundred Sixty -Four Dollars and no /100 ($85,664.00) 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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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.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Lan Weber to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Bill
Patapoff 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.
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9. HOLD HARMLESS
• To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
. all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
. work to be performed. City agrees to cooperate with the Consultant on the Project.
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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
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage 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
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employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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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
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.
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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.
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
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.
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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.
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
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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,
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: Dr. Lan Weber
WRC Consulting Services, Inc.
5100 E. La Palma, Suite 116
Anaheim Hill, CA 92807
N Phone: 714 -970 -8808
Fax: 714 - 970 -8844
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this 10
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,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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.
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney's Office
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachments:
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CITY OF NEWPORT BEACH,
A Municipal Corporation
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Mayor
for the City of Newport Beach
CONSULTANT:
Lan Weber, Principal
WRC Consulting Services, Inc.
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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WRC.
March 11, 2004
Mr. Robert Stein, P.E.
Principal Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Subject: Buck Gully Canyon Stabilization, Restoration, and Constructed Wetlands Plan
Dear Mr. Stein:
Please consider this letter our proposal to prepare for Lower Buck Gully a concept plan for
canyon stabilization and restoration, and a preliminary plan for constructed wetlands. These
plans will be created in coordination with the City's consultant who is preparing a fuel
modification zone management plan at this same location. This proposal is based on our
previous proposal dated June 19, 2003 and revised per our February 16th and 23rd meetings
with you. WRC proposes to perform the following tasks.
Task 1: Review of Fire Hazard Reduction RFP and Proposal
$1,010.00
Review the scope of work contained in the Request for Proposal for fire
hazard reduction in the fuel modification zone and the proposal prepared
by Dudek Associates in response to the RFP. Propose modifications to
the scope of work to address the needs for channel stabilization and
constructed wetlands plan.
Task 2: Data Review
$4,940.00
Review the existing data and previous reports pertaining to Buck Gully
that are available from the City, County, and Irvine Company.
Task 3: Watershed Map Preparation
$2,628.00
Prepare a composite watershed map that references water, sewer,
storm drain, parcel boundaries, streets, contour lines, aerial
photographs, hydrological soils, and land uses. Maps will be prepared
as layers in the MicroStation V8.0 format adaptable to GIS.
Deliverable: Watershed maps of the entire drainage area with storm
drain laterals, hydrology soils, land use zones, parcel boundaries near
5100 E. La Palma Avenue. Suite 116. Anaheim Hills . CA. 92807 . 714.970.8808. Fax: 714.970.8844 . www.wrcinc. net
Writar Ro<nurroc RerrenYnnnl Fn�71;Y n� r;�.;l F.......n...�....
Mr. Robert Stein March 11, 2004
__City.ofNewport. Beach -------- .__.__........ __._..._._...__....--- ._....... - ----- -- --- .-----------
------------- -- -.._— _____Page.2.
the lower Buck Gully and other information readily accessible from the
County and City's GIS systems.
Task 4: Site Reconnaissance
$4,060.00
WRC engineers and scientists will conduct a one -day detailed
investigation along the lower Buck Gully including selected areas
upstream of the PCH culverts. Canyon features that show signs of
erosion, sedimentation, and excessive flow impact will be evaluated.
Representative soils will be identified. GPS will be used to mark
locations of interests. Field notes will be prepared. Photographs will be
taken to document the existing condition.
Deliverable: Field notes with site features and key opportunities and
constraints.
Task 5: Topographic Map
$ 936.00
Coordinate with the aerial topographic company to obtain two -foot
contour topographic maps and ground control for ground survey.
Deliverable: Two -foot contour maps from the beach to approximately
2000 feet upstream of PCH and the survey control for the field survey.
Task 6: Supplemental Survey
$4,776.00
Provide ground survey at locations where critical erosion and sensitive
habitat was observed.
Deliverable: Point elevations at key locations identified from Task 4 and
translated to the topographic maps obtained from Task 5
Task 7: Soils Sampling and Analysis
Obtain four boring logs up to 10 feet deep along the canyon.
Additionally, up to seven samples will be taken for planting suitability
analysis and up to five samples will be tested for physical characteristics
such as the gradation and silt/clay content.
Deliverable: Soils analysis for grain size distribution, silt/clay, and
organic contents.
Task 8: Fire Hazard Reduction Biology Report Review
$ 990.00
. Review and provide comments to the biology report prepared Dudek &
Associates as described in Task 1. WRC will provide recommendations
regarding the impact to canyon stability of the proposed foliage
removals. MUps of sensitive habitats and existing wetlands will be
obtained from the study.
Mr. Robert Stein
_.- ...._ -_.. _City.ofNexport
Task 9: Critical Flood and Erosion Area Identification
March 11, 2004
_.._..- ------- — .. ._._...._- -- --- .....---- .._.. Page 3-- -
$11,932.00
Perform a rough hydraulic analysis of the canyon from the ocean outlet
to at least 1,000 feet above the PCH Bridge. The HEC -RAS (or HEC -2)
model will be used for the hydraulic analysis. Conveyance distribution
will be evaluated for flow velocity variation across some sections. If
necessary, Flow -2D can be applied to check split flow conditions where
critical erosion is present or habitat restoration may apply for additional
fee. WRC will use the hydraulic and soils information to conduct a
quantitative analysis of erosion /sedimentation. This will be
accomplished along with a qualitative assessment from site observation
and historical erosion records (if available). WRC will assume the Coast
Highway box culvert full or empty under separate runs. WRC will
investigate local scour conditions along the canyon including the existing
scour hole present in the lower reach as well as the erosion at the toe of
slope.
Deliverable: Critical Erosion, and Flood Zone Maps and summary tables
and figures from hydraulic and erosion analysis.
Task 10: Runoff Control Plan
$1,024.00
Prepare a runoff control plan for the overland flows from properties along
the banks.
Task 11: Concept Canyon Habitat Restoration Plan
$4,000.00
Develop a detailed concept plan for habitat restoration based on the
biological report findings, soils analysis, and site investigation.
Task 12: Preliminary Plan for Constructed Wetlands Alternatives
$5,968.00
Identify areas suitable for constructed wetlands establishment. This will
be based on the biological report, soils analysis, and site investigation.
WRC will prepare alternative configurations for the constructed wetlands
along with specific recommendations to be implemented in the final
construction documents to be prepared under a separate contract.
Task 13: Initial Erosion Control Alternatives
$12,232.00
Identify areas suitable for erosion control using, as possible,
environmentally friendly control structures. Note that in order to protect
against a 100 -year flood, it is impossible to use environmental solutions,
they will need to be anchored by engineering solutions in critical
sections. WRC will estimate the toe down (in ground erosion control to
be against overturning and undermining) requirements associated with a
2- and a 100 -year floods, representing low and high frequency flood
events, respectively.
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Mr. Robert Stein March 11, 2004
-City of Newport Beach- -- -- -.._. __......._........._ . .. Page9
The WRC team's geological engineer will identify critical slope failure
areas and recommend engineering stabilization methods.
Task 14: Composite Stabilization and Habitat Restoration Plan
$20,128.00
Combine the options for restoration and erosion control and prepare a
joint use plan including both functions. A key map will be developed to
highlight the feature and linkage of each individual site. Detailed maps
will be prepared for each site including rough grading, drainage, erosion
control, planting plans, maintenance access, and community access. A
conceptual plan for canyon stabilization and habitat restoration with
necessary details to illustrate the components will be prepared.
Task 15: Third Party Review
$5,550.00
ENV America will provide a third -party review of the Composite
Stabilization and Habitat Restoration Plan including review of back up
documents prepared as part of this scope of work.
Task 16: Stakeholder /Community Meeting
$1,010.00
. Attend one meeting to present the proposed plan for canyon
stabilization /restoration and the constructed wetlands.
Total for all tasks is $85,664.00 plus reimbursable costs (reproduction and express mail).
Please contact me at 714 - 970 -8808 ext 106 or 949 - 836 -1320 if you have questions
pertaining to this proposal.
Sincerely,
WRC Consulting Services, Inc.
Lan Weber, Ph.D., P.E.
Principal
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