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HomeMy WebLinkAbout06 - Buck Gully Detention Basin & Grade Control SystemCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 October 11. 2005 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-beach.ca. us SUBJECT: BUCK GULLY DETENTION BASIN AND GRADE CONTROL SYSTEM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING RECOMMENDATIONS: 1. Approve a Professional Services Agreement with RBF Consulting (RBF), of Irvine, California, for design and permitting services at a contract price of $415,157 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a .Budget Amendment appropriating $16,157 from General Fund 7014 - 05100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100815. DISCUSSION: As part of the Newport Coast Watershed Program, the City hired WRC Consulting Engineers, using Prop. 13 funding, to prepare a conceptual plan to address the serious erosion occurring in various reaches of the canyon, most noticeably near the mouth of Buck Gully where headcutting has created a 12 -foot waterfall and scoured the west bank of the canyon. Based on the recommendations of this report, a Request for Proposals was sent to qualified consultants to provide design and permitting services for: 1. A detention facility in upper Buck Gully to reduce the 100 -year peak to a 10 -year frequency level. 2. A grade control system near the mouth of Buck Gully consisting of a series of drop structures. 3. Revegetation of the areas behind the grade control system. Seven firms were invited to submit proposals; four firms responded to the City's request: • Hall & Foreman, Inc. • RBF Consulting • Tettemer & Associates SUBJECT: Buck Gully Detention Basin & Grade Control System — Approval of Professional Services Agreement with RBF October 11, 2005 Page 2 • WRC Consulting Services The proposals were independently reviewed by three engineers in the Public Works Department to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking RBF the highest. Upon selection, staff negotiated with RBF to provide the necessary scope of services for a fee of $415,157. RBF has completed design and permitting services competently and professionally on similar projects for other local agencies in Southern California. The scope of the professional services will include: • Preparing environmental documents • Conducting a geotechnical investigation • Preparing preliminary plans for the detention basin and grade control system • Performing hydrologic and hydraulic analyses • Preparing final design drawings and specifications • Preparing and processing permit applications with the Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Game and the California Coastal Commission. • Preparing landscape restoration plans Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project. The $155,157 from the General Fund includes $139,000 -in the approved FY05 /06 Capital Improvement Plan with the remaining $16,157 appropriated as a Budget Amendment per Recommendation No. 2 of this Council Memo. Account Descriotion Account Number Amount Contributions 7255- C5100815 $260,000 General Fund 7014- C5100815 $155,157 Total: $415,157 Environmental Review: A previously prepared biological assessment of the detention basin area determined that 0.80 acres of riparian and wetlands areas will be impacted and will require mitigation. RBF will use this biological assessment as a basis for preparing an environmental document as one of its tasks under this contract. Prepared by: Submitted by: 4 Robert Stel .E. 6t e . Badum Principal Civil Engineer ubli Orks Director Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE BUCK GULLY DETENTION BASIN AND GRADE CONTROL SYSTEM PROJECT THIS AGREEMENT is made and entered into as of this _ day of 2005, 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, 92619 -7057 ( "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 construct a detention basin in Upper Buck Gully and a grade control system at the mouth of Buck Gully for erosion control and canyon stabilization purposes. C. City desires to engage Consultant to prepare construction documents, prepare and process environmental documents, and prepare and process agency permits applications ( "Project'). I). 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 the Project, shall be John McCarthy, 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 _ day of , 200_, 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 A. 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. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Fifteen Thousand, One Hundred Fifty -Seven and 0011,00 Dollars ($415,157.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 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 performed 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 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 fumish 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. 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 3 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. 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 4 performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 5 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's 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. Acc ptabte 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 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 (10 day written notice for nonpayment of premium). 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. 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. 7 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 (10 day written notice for nonpayment of premium). 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 City and Consultant agree that subconsultants maybe used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such. subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval 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 drawings 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 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. I 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 restoration expense shall be bome 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. 10 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 Consultants 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, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: John McCarthy, P.E. RBF Consulting 14725 Alton Parkway Irvine, CA 92618 -2027 Phone: 949 - 472 -3505 Fax: 949 - 472 -8373 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 11 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. 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 12 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: Aaron C. Harp Assistant City Attorney ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach RBF CONSULTING: IN (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates FAUSERS \PBMSharedWgreements \FY 05 -06 \RBF -Buck Gully Detnetion Basin C- 3811.doc 13 EXHIBIT A �EW�Rr m 3.4 Scope of Work i • "i Design of the erosion control project in Buck Gully will proceed in three _ phases: (I) Research and Investigation; (II) Preliminary Design; and (III) Final Design, Environmental Review, and Permitting. Each task includes the project management time needed for that task. The number of meetings with City staff, agencies or the community is identified for each phase of the project. i Phase I — General Plan and Preliminary Design Report Task 1.1 Base Data Review RBF will review available data, plans; studies and information prepared to date for Buck Gully. The following information will be consulted: • City's Newport Coast Watershed Contract with RWQCB • Buck Gully Detention Basin Feasibility Study • Biological Report • Previous watershed hydrology studies • Existing floodplain mapping • Adjacent development planning studies • Property Ownership / Assessor Parcel Maps • Existing geologic mapping The purpose of the review is to identify opportunities and constraints related to the proposed Buck Gully Erosion Control project. Task 1.2 Initial Site Constraints and Concept Design Evaluation Perform a preliminary evaluation of the proposed site and conceptual designs to determine if there are any existing critical constraints or fatal project issues that would preclude utilizing the proposed site locations based upon the existing database of information determined in Task No.l.l. The objective of this analysis is to determine potential project eliminating constraints prior to initiating the preliminary design phase, and review potential alternative configurations. These constraints could potentially be existing fault locations, landslides, buttress fills, easements, environmental issues, property ownership, or right -of -way issues. Task 1.3 Delineation of Jurisdictional Waters Perform a jurisdictional delineation (JD) to determine jurisdictional "waters of the United States" (including wetlands), and "waters of the State," located within the boundaries of the project site. The JD will result in: FMFProposal ■ Buck Gully Erosion .Control Project page 3 -10 °�� ... City of Newport Beach : ii A. A determination of the US Army Corps of Engineers' (ACOE) ordinary high water mark (OHWivi) and indicate the existence of any three (3) parameter wetlands on -site. 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 1487 US Army Corps of Engineers' Wetland Delineation Manual; B. The California Department of Fish and Game's (CDFG) jurisdiction shall be identified via the top of bank of the on -site streambed or to the outer drip line of riparian vegetation (if present); C. In cases where isolated conditions are present, the JD will indicate areas under the jurisdiction of the California Regional Water Quality Control Board (RWQCB); and, D. A determination of the existence of any one (1) parameter wetlands on -site that are associated with California Coastal Commission (CCC) jurisdiction. The actual presence or absence of State wetlands on -site will be verified through the determination of the presence of any hydrologic conditions, - hydrophytic vegetation, and /or hydric soils. Once the project site baseline information is obtained, RBF w ll prepare a written report discussing on -site jurisdictional areas. The JD will consist of the following Sections: 1) Introduction and Purpose; 2) Summary of Regulations; 3) Methodology; 4) Site Conditions; 5) Findings; 6) Required Regulatory Approval Process; 7) References; and 8) Appendices RBF will incorporate one (1) comprehensive set of comments provided by the Client and /or resource agencies into the JD. RBF w ll submit three (3) copies of the Final JD to the client. Recommendations will identify, if necessary, the need to pursue further resource agency consultation, and if sufficient project design is provided, the anticipated permitting strategy for the project. Additional copies can be provided under separate addendum. Task 1.4 Pre - Application Field Meeting RBF shall coordinate an on -site meeting with the ACOE, RWQCB, CCC, and CDFG at the appropriate time to discuss potential permitting strategies available for the proposed project alternative, including mitigation expectations. It is crucial to obtain feedback from the regulatory agencies prior to the formal application process. RBF has found these Pre - Application Field Meetings to be extremely beneficial with regards to streamlining the permitting process and subsequent mitigation. This task includes meeting coordination and the on -site visit. Proposal i Buck Gully Erosion Control Project Page 3 -11 = o....... City of Newport Beach SEW POk F T O i. ; �1 I . Task 1.5 Project Feasibility (Alternatives) Analysis A feasibility analysis will be completed based for up to four (4) engineering / planning options discussed with and /or provided by the City. The analysis will identify possible project options that could avoid, minimize, or mitigate for impacts caused by the proposed project while still accomplishing the objectives of the project. The submittal package will include: a) vicinity map, b) project description, c) jurisdictional impact analysis, d) site photos, e) alternative design options, and f) feasibility findings /recommendations. The analysis is considered mandatory for the CDP application process; the analysis will be submitted to all agencies for their review. Task 1.6 Project Meetings and Consultation RBF will attend project meetings and provide the coordination with City staff in order to review the results of the research phase, and discuss alternative solutions to meet the project objectives. Included in this work item is attendance at two (2) project meetings; a trick -off meeting, and a meeting to discuss project recommendations. Phase II - Preliminary Design Task 2.1 Initial Base Sheet Development RBF will develop project base sheets and watershed maps utilizing existing digital topography and transferring all additional information regarding surface culture topography, legal boundaries, easements, and utilities. The base sheets compiled adll serve as the base information to develop the preliminary plans, hydrology/hydraulic studies, and final construction documents. Task 2.2 Watershed Hydrology and Sediment Yield Evaluate the characteristics of the tributary watershed to the detention basin and grade control structure site. Develop a unit hydrograph model utilizing the Orange County hydrology procedures to model the 10 -, 100 -, and 500 -year inflow hydrograph to the detention basin site for the tributary watershed. The previous studies and master plan of drainage for the City will be consulted for consistency of the watershed model. RBF will perform a sediment yield evaluation of the watershed to estimate the potential sediment delivery from the watershed. Sediment yield estimate will be incorporated in evaluating the total volume requirements and the dead storage requirements. RBF AU work with the City to identify an acceptable method for estimation of the sediment yield prior to initiating the work. Procedures may include the use of the COE LA District Method for Prediction of Debris Yield. Calculations will be compared to other studies completed in the area. RWProposal ■ Buck Gully Erosion Control Project 'page 3 -12 City of Newport Beach Task 2.3 Preliminary Hydraulic and Scour Analysis Provide engineering services to perform the Preliminary Hydraulic Anayysis for Buck Gully 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 WRC Consulting Services, 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 2.4. The scour analysis will determine 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 s conceptual design shall be recommended. Task 2A Streambed Stability and Sediment Transport Analysis Based on the channel baseline engineering analysis for the watershed hydrology and hydraulic conditions developed in the proceeding tasks, RBF will develop a alternatives for streambed and streambank stabilization for Buck Gully 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 f preliminary stabilization measures developed in the WRC 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 sreambed, potential stream impacts, and identify the areas of potential lateral bank migration. A pseudo sediment routing model, such as the Department of the Army's SAM Hydraulic Design Package for Channels program v<dll be used to develop the long- RWProposal ■ Buck Gully Erosion Control Project Page 3 -13 City of Newport Beach 1 J i _ �gmvpRj o �,m i n j 'o. ' in GonY' S 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 aggiadation depths along the channel profile will be plotted in profile. Sediment transport quantities as a result of the model will be summarized. Results, findings and recommendations shall be submitted to the City for review and approval. RBF will identify potential impacts and recommend additional studies, as necessary, based on the results of the assessment. Task 2.5 Preliminary Basin Facility Layout RBF will review and modify the preliminary layout of the basin embankment and grading requirements based upon the updated hydrologic routing analysis. Layout will incorporate standard facility requirements as well as the exiting physical requirements, including utilities. The initial basin layout will be utilized to develop the reservoir characteristics to verify the hydrologic operation and optimization of the facility size. Task 2.6 Preliminary Detention Basin Routing Analysis and Facility Sizing RBF will develop a hydrologic routing model for the detention based upon the preliminary grading design and outlet structure - rating curve. Preliminary estimates of the stage- outflow rating curve and the stage - storage rating curve will be prepared based upon the proposed grading design and embaciltment configuration. The stage - storage rating curve will utilize the information developed in the preliminary grading design and the current topography. Dead storage allowances will be included for a portion of the debris volume. An optimization procedure will be performed to evaluate the detention storage requirements and outlet configuration that best satisfies the objective. Preliminary configurations of the detention basin outlet structures will be evaluated to size the outflow device that will provide the required attenuation at the 100 -year storm frequency. Spillway hydraulics will be evaluated based upon the recommended configuration, including outlet structure /energy dissipater requirements. Various alignments will be evaluated in order to determine the most cost effective system. A preliminary water surface profile and hydraulics of the underground conveyance system for both the principal outlet and the primary spillway will be prepared. Hydraulics associated with these outlet facilities will follow the standard analysis procedures outlined in the U.S. Army Corps publication EM 1110 -2 -1603, "Hydraulic Design of Spillways." Proposal ■ Buck Gully Erosion Control Project Page 3 -14 City of Newport Beach �?E'x'NRr O r I> U �<iroaH�� Task 2.7 General Plan Exhibits - 30% Plan Prepare plan view exhibits and illustrations for the recommended preliminary design for the basin grading configuration and grade control facility locations. Preliminary plan will be produced at an appropriate scale utilizing digital topography and reflect the current recommended design evaluated in the preliminary engineering design phase. All the design information will be summarized on the individual exhibits, including the: (1) results of the engineering analysis, (2) facility sizes, (3) inundation limits, (4) alignment, (5) limits of grading, (6) approximate elevations for facilities, (7) boundary information, and (8) access requirements. Illustrative exhibits will be prepared for the preliminary basin grading and embanlanent configuration. The exhibits will include presentation quality photorealistic- artistic renderings of the project site. The rendering shall combine an artist depiction of the proposed structures superimposed over a photograph of the project site. Task 2.8 Restoration/ Landscape Concept Plan RBF will 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 AutoCAD 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 2.9 Preliminary Technical Design Report RBF will provide the engineering services for the compilation of a Preliminary Technical Design Report to support the proposed detention basin and grade control system facilities. The written report will serve as the technical documentation for the drainage improvements. This report will 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. Recommended modifications will be discussed with the City, and incorporated into the final plans as necessary. FMFProposal ■ Buck Gully Erosion Control Project Page 3 -15 _.... .... City of Newport Beach i 3 s Task 2.10 Preliminary Quantity and Cost Estimate -Phase II Preliminary construction quantity estimate will be performed based upon the proposed plan layout for the detention basin and grade control facilities. Preliminary earthwork quantities will be based upon the information on facility exhibits and-info-mation provided by the geotechnical engineer. A preliminary construction cost estimate will be generated, and compared to established project - budget. Task 2.11 Project Meetings and Consultation - Phase II RBF will attend periodic project meetings and provide consulting services related to project coordination during this particular engineering phase. The purpose of tbese meetings may include a review of the progress of work included in this Contract, or consultation and discussion needed on project issues. This task shall also include attendance at one (1) public review meeting. Based on RBF's R experience, we feel it is important to have the engineer at the public meeting to address comments. Consultation will be prmdded with the City to resolve design/permitting related issues and ensure the progress of the. project. The meetings and consultation allows adequate communication with the City to allow t input and feedback during the design process. T1tis task will also include telephone conferences necessary with the same parties for the above - mentioned purposes. RBF has budgeted for two (2) City meetings and one (1) public meeting, and - appro dmately 40 man -hours towards this overall effort. Phase III Final Design Documents, Environmental Review, and Permits The proposed scope and fee included is based upon the preliminary geometric requirements outlined in the original request for proposal. Deviations from the recommendations outlined in this document during the final design may result in adjustments to the fee. Improvement plans z will be prepared at an appropriate scale and to City Standards in a digital format utilizing AutoCAD in English uniis. The basin plans will include the detention basin grading, appurtenant facilities, roadways, and the outlet facilities. Thegrade control plans will include structure locations, sections, minor grading, access roadways, and landscape plans. Task 3.1 Geotechnical Investigations The RBF Team will prepare geotechnical investigations as necessary. Tasks associated include data review, field exploration, laboratory testing, engineering analyses, cut slope analyses, and the preparation of a geotechnical report. A detailed scope of services is included in this Section that follows Phase III of our Scope of R7ork. Task 3.2 Environmental Studies/ Documentation The RBF Team will prepare environmental studies as necessary. Associated tasks include data review to determine the potential environmental issues related to the RWProposal ■ Buck Gully Erosion Control Project Paoe 3 -16 City of Newport Beach O O in _ GLicOaei`t construction and maintenance of the proposed improvements. Potential environmental issues may include: permitting earth resources, paleontological resources, noise, land use, public safety, hazardous waste sites and soil contamination, recreation, aesthetics and potential indirect, growth inducing and cumulative effects. A detailed environmental scope of services is included in this Section that follows Phase III of our Scope of Work. _ Task 3.3 Topographic Surveys RBF will collect field survey data for the design of the proposed improvements that j shall include the preparation of limited topographic base mapping through field survey methods. In addition, stream cross - sections will be obtained at critical locations. The field survey data vU 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 vill be provided. All topography shall be electronically field data collected and detailed on a hardcopy backup and field notes. Task 3.4 Detention Basin Grading Design Prepare grading design for the detention basin site based upon the recommendations if the Preliminary Technical Design Report. The grading design will also incorporate the recommendations outlined in the geotechnical report regarding the embankment, abutments, and reconstructed slopes. The detention basin grading will be generated to maximize the storage volume at the desired pool elevations with minimal grading, and environmental impacts. Special considerations for maintaining the natural stream channel through the detention basin will be incorporated, if necessary. The grading design will also evaluate the requirements for local surface drainage related to proposed grading, especially protection of the dam embankments. Borrow areas will be specifically identified for the embanlanent construction and incorporated into the overall design. Horizontal and vertical ahournents for perimeter access roads will be designed for the detention basin, including access ramps to the basin floor. Task 3.5 Final Horizontal Control Layout and Mapping Prepare horizontal control plan and calculated alignments for all proposed facilities within the detention basin and grade control structures. The horizontal alignment and locations of proposed facilities, including roadway alignments and drainage facilities will be tied into the horizontal control for the project and boundary. Additional easements /right -of -way necessary for the project construction will be identified. A horizontal construction stationing system will Proposal ■ Buck Gully Erosion Control Project Page 3-17 City of Newport Beach Y m a C�4cow�s J t ' J i t i I also be developed for the overall grading of the project sites to facilitate generation of cross sections for earthwork. Task 3.6 Detention Basin and Grade Control Improvement Plans Provide final engineering services for the preparation of construction plans for the proposed detention basin and grade control improvements based upon the Preliminary Design Report. Construction plans will be prepared on standard City base sheets incorporating all base sheet information, digital topography, and utility information for this project. Utilities within the proximity of the construction will be located on the plan, and crossings also shown in the profile. This work item is based on the proposed construction of the detention basin and grade control facilities shown on the concept plans provided by the City as part of the RFP. The detention basin would incorporate both a principal intake /outlet and a emergency spillway section embedded into competent material. The fee estimate is based upon the following construction drawing sheets in the plan package: Proposal ■ Buck Gully Erosion Control Project = =..... �. City of Newport Beach Page 3 -18 Sheet D- Sheet Sheet Description No. 1 Title Sheet 2 Location and Access Map & Survey Controls ' 3 Basin Site Plan and Rating Curves 4 Foundation Excavation Plan 5 Embankment, Spillway and Basin Grading Plan 6 Dam Embankment Sections 7 Emergency Spillway Plan and Profile 6 Emergency Spillway Sections and Details 9 Outlet Conduit Plan and Profile 10 Outlet Channel, Sections, and Details 11 Access Road Plan and Profile 12 Chain Link Fence, Gates, and Miscellaneous Details 13 Miscellaneous Drainage and Access Road Details 14 Miscellaneous Details 15 Subdrain System Detaii & Pipe Installation 16 Outlet Conduit Headwall, Energy Dissipator, & Structural Details 17 Filter Blanket Plan and Details i6 Detention Basin Cross Sections 19 Access Road Cross Sections 20 Soil Boring Logs & Map 21 Soil Boring Logs 22 Grade Control Site Plan Proposal ■ Buck Gully Erosion Control Project = =..... �. City of Newport Beach Page 3 -18 m _ G[icoar�' 23 Plan and Profile 24 Plan and Profile 25 . Typical Sections and Details 26 Gabion Specifications and Miscellaneous Details 27 Grade Control Structure Cross Sections Progress plan submittal for Client review will be prepared at milestones submittal which include (1) 70% plans, and (2) 100% plan preparation stages. Task 3.7 Structural Design and Detailing Provide engineering services for the structural design, analysis, and detailing of the proposed flood control facilities indicated on the final construction drawings. Structural calculations will be provided in a format acceptable for review by the City. Structural calculations will be prepared by a licensed civil engineer and signed by a licensed structural engineer. A formal quality control review process occurs at the 50 percent design level and culminates in an independent review of the final design by a licensed senior engineer. The structural design and detailing is based upon the facilities identified in the conceptual plans provided by the City. Task 3.8 Restoration / Landscape Improvement Drawings RBF will prepare one set of final landscape and irrigation 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 approved landscape concept plan prepared in Pbase 11. 71P drawings will be prepared at an appropriate scale on base reaps of the project site prepared by RBF. The drawings will include plant removal drawings, a planting drawing, irrigation plan, planting detail sheets and specifications for planting. Task 3.9 Final Hydrology, Hydraulics and Sediment Transport Analysis RBF will prepare a final hydrology, hydraulic and sediment transport analysis of the proposed basin and channel improvements indicated on the construction drawings. The final design water surface generated shall also be indicated on the drawings. All 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 Design Report " which will serve as documentation of the final engineering design and associated technical analysis to support the Buck Gully Erosion Control design project. The report shall update the preliminary report including the backup data regarding final hydraulics, hydrology, e7dsting facility data, design criteria, specific design requirements, design constraints, assumptions, quantity and cost estimate support, and all engineering calculations or analysis. RWProposal ■ Buck Gully Erosion .Control Project Page 3 -19 City of Newport Beach t��'�R F > O m > D �L,Fp YS Task 3.10 Final Cost Estimate Prepare a final estimate of construction quantities and costs based upon the channel, basin, roadway, and landscape drawings utilizing current City cost data and the latest edition of Caltrans Contract Cost Data book, and compare to —I establish ed.project budget. Task 3.11 Specification and Special Provisions RBF will develop technical specifications as special provisions in conformance with City's format and provide required permits and reference materials to be included - J in the City's standard contract documents. City will prepare the upfront "boiler plate" portions of the contract documents (e.g. general provisions, contract x requirements, notice to contractors, etc.). I As needed, specifications shall include specific NPDES stormwater provisions the a contractor will need to implement. There should also be discussion on nuisance flow diversion during construction. Task 3.12 Project Meetings and Consultation - Phase III S l RBF will attend periodic project meetings and provide consulting services related to project coordination during this particular engineering phase. The purpose of a these meetings may include a review of the progress of work included in this Contract, or consultation and discussion needed on project issues. Consultation will be provided with the City to resolve design related issues and ensure the progress of the project. The meetings and consultation allows adequate communication with the City to allow input and feedback during the process. This task will also include telephone conferences necessary udth the same parries for the 3 above- mentioned purposes. REF has budgeted for 4 City meetings, and i approximately 40 man-hours towards this overall effort. Additional meeting F attendance and consulting services will be completed, if required, on an hourly basis for an additional fee with the approval of the Client Task 3.13 Army Corps of Engineers 404 Permit Application :b Assuming the Project'Ai l require a Nationwide Permit: F L — RBF will prepare a submittal package for an ACOE Permit to satisfy the m requirements of Section 404 of the Clean Water Act. it is assumed under this task that authorization to proceed from the ACOE can be achieved by participation in the ACOE Nationwide Permit (NWP) Program. Nationwide Permit refers to a type of general permit, which authorizes typical activities (e.g., basins) on a nationwide basis. The submittal package will include: a) Department of the Army Standard Form, b) vicinity maps; c) project description; d) jurisdictional delineation report, e) biology report (provided by the client), f) cultural resources S 1 report, g) geology report (provided by client), and h) site photographs. RProposal ■ Buck Gully Erosion Control Project Page 3 -20 City of Newport Beach a Task 3.14 Regional Water Quality Control Board 401 Water Quality Certification Application RBF will prepare a submittal package to the Santa Ana RWQCB for a Water Quality Certification to satisfy the requirements of Section 401 of the CWA. This Certification is necessary prior to issuance of the ACOE permit in order to verify that State water quality standards have been met. The submittal package will include: a) 401 Certification Form, b) copies of the ACOE /CDFG /CCC Permit Applications, c) vicinity maps, d) CEQA Document, and f) site photographs. This task does not include the permit -filing fee pursuant to the RWQCB's October 2003 Fee Schedule (fees based on total project impacts). Task 3.15 California Department of Fish and Game 1602 Streambed Alteration Agreement Application RBF will prepare a notification package for a CDFG 1602 Streambed Alteration Agreement (SAA) to satisfy Section 1600 -1616 of the California Fish and Game Code. The submittal package will include: a) Notification Form, b) Project Questionnaire, c) copies of the ACOE/RWQCB /CCC Applications, d) vicinity maps, d) CEQA Document, and e) site photographs. This task does not include the permit -filing fee, which is anticipated to be approximately $1,340.50, depending on the construction cost of the proposed project. Task 3.16 California Coastal Commission Coastal Development Permit Application RBF will prepare a Coastal Development Permit (CDP) application package in accordance with requirements of the California Coastal Commission. A CDP, or Exemption Letter, is required for the ACOE NWP and must be obtained prior to construction activities. The submittal package will include: a) Standard Application with attachments, b) copies of the ACOE/RWQCB /CDFG Applications, c) vicinity maps, e) CEQA Document, f) Project Feasibility Analysis, and g) site photographs. Task3.17 Resource Agency Permit Application Processing RBF shall provide regulatory services for the processing of the permit applications through the ACOE, RW QCB, CDFG, and CCC. 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 application review process. This task item includes coordination associated with Section 7 Consultation via the ACOE and US Fish and Wildlife Service (USM 7S). Proposal ■ Buck Gully Erosion Control Project Page 3-11 City of Newport Beach ?��Rr e ?n - �4pppN�r Geotechnical Scope of Work — RBF's geotechnical subconsultant, Meinfelder, Inc., has broken it's scope of work into two primary phases into: Phase 1: Data Review and Feasibility Study; and Phase 2: Preliminary Geotechnical Investigation. The combined scope of work for Phases 1 and twill culminate in the preparation of a preliminary geotechnical report providing recommendations for design and construction of the proposed Buck Gully Detention Basin. _ hleinfelder's proposed scope of work is tailored toward evaluating the subsurface conditions in the area of the detention basin shown on Page 12 of the Feasibility Study Report prepared by WRC Consulting Services, Inc., dated February 2005. If Reinfelder's preliminary geotechnical study shows that the proposed site is unsuitable for construction of an earthen embankment and detention basin, its stated scope of work will be terminated and Ileinfelder will provide recommendations for additional work necessary to evaluate alternate sites. HIeinfelder's proposed fee estimate assumes that it will provide recommendations for design and construction of the detention basin at the designated site. The following sections discuss 1,2einfelder's proposed scope of services for Geotechnical Phases I and II: Geotechnical Phase I - Data Review and Feasibility Study (1) Data and Aerial Photograph Review Kleinfelder will research the files at the City of Newport Beach and /or the County of Orange in an attempt to locate reports of preliminary investigation and reports of grading for the neighborhoods adjacent to the Buck Gully detention basin site. If available, these reports will be reviewed for data relating to strike and dip of bedding planes, joints and shears; location and thickness of man made fills; and type and consistency of soil and bedrock units. In addition, Meinfelder will review published geologic data regarding the site vicinity. These data will be reviewed to assist in the evaluation of the suitability of the proposed detention basin location. Historical stereo -pairs of aerial photographs of the site will be identified, ordered, and reviewed covering the period from the early 1960s to the most recently available aerial photographs. Stereo pairs of aerial photographs will be analyzed to review past site activities such as utility, residential fill construction, streambed revetment, installation of grade control structures, and installation of utilities. Rleinfelder will follow up the data review with a reconnaissance of the site to observe the site conditions relative to the proposed construction. FMFProposal ■ Buck Gully Erosion Control Project FaPe 3 -22 City of Newport Beach vg*4r _ m _ (2) Feasibility Study Based on Pleinfelder's data and aerial photograph review, a brief summary letter will be prepared. The letter will describe the data obtained during our review and ` the potential issues that arise relative to the existing data. Attached to the letter will be a boring location map showing the proposed locations of the field exploration points based on the results of the data and aerial photograph review. This map will be submitted to the City at a meeting to discuss the proposed field exploration program. If the proposed scope of the field exploration (based on the Geotechnical Phase I work) exceeds what Iileinfelder has proposed herein, a discussion will be initiated to negotiate an adjustment to fee, lGeinfelder's currently proposed field exploration plan is presented as Figure 1. Ll , i _ � C, ja`j %�1 j. • . a � "IM Jj}a ` +11 I. � 'iiillS��-� j I (� ��i '.K : ���`��;���" �JO p110POSL9 ROPING LOC.TOM Figure 1 Geotechnical Phase H — Preliminary Geotechnical Investigation (1) Permitting Assistance Upon receiving approval to proceed with the Preliminary Design phase of the overall project, HIeinfelder will assist RBF with obtaining the environmental permits necessary to drill the proposed soil borings at the site. It is assumed that services related to permit assistance will consist of: • Providing the boring location map prepared during Geotechnical Phase I; • Providing ingress and egress routes to each boring location; RWProposal ■ Buck Gully Erosion Control Project Page 3 -23 City of Newport Beach I • Providing a schedule of the proposed field services; and • Providing proposed equipment specifications. lCeinfelder understands that the field exploration may not begin until it has received the appropriate access permits. (2) Field Exploration The following field investigation program is proposed to evaluate the geotechnical and geologic conditions at the site for design of the project. Geoloeic Mapping: The purpose of the geologic mapping is to collect field data that will help to define the location of man made fill and other geologic units that will impact the design of the Buck Gully detention basin. In addition, PDcinfelder -Aill attempt to locate and evaluate the fault that trends near the dam site as shown on published California Division of Mines and Geology maps (S. Tan and W. Edgington, 1976). The data collected in the field will be added to the Geotechnical Map and presented in the preliminary geotechnical report. Geophvsical Exploration: Kleinfelder proposes to perform a seismic refraction survey along the centerline of the proposed embankment and the alignment of the proposed reinforced concrete box outlet structure to delineate geologic layering at the site. The seismic refraction lines will be overlapped to allow enough seismic line length to achieve full alluvium resolution beneath the dam and develop a bedrock profile at the base of the alluvium. The seismic refraction survey should be capable of defining the thickness of alluvium, and may be able to demarcate the contact between man made fill and the underlying bedrock surface. The data will be used in conjunction with the proposed soil boring data to measure the thickness of 1111 and alluvial sediments for use in recommending a remedial grading program for construction of the embankment. Field Exploration — Embankment and Detention Basin: 10cinfelder proposes to use bucket auger drilling equipment to evaluate the subsurface soil and bedrock conditions in the vicinity-of the proposed embankment and detention basin. The scope of work includes drilling four borings along the centerline of the proposed embankment and two borings upslope from the right (north) abutment. The purpose of these two additional borings is to evaluate the thickness and configuration of the man made fill slope that supports the residential development to the north. Two additional borings will be drilled along the terrace drain to the east of the embankment to evaluate whether the man made fill extends into the basin below the limit of the 100 -year flood pool. IQeinfelder also proposes to drill two borings within the natural ridge on the north side of the gully east of the proposed embankment, in what appears to be a possible on -site borrow area for the embankment. Proposal ■ Buck Gully Erosion Control Project ?age 3-24 City of Newport Beach For sequencing, Reinfelder proposes to drill the right abutment borings first to evaluate the thickness of fill, if any, in that abutment. If it appears that preparation of the abutment would intersect the neighborhood fill slope, the abutment may need to be moved, thereby affecting the remaining boring locations. lGeinfelder anticipates that the borings for the embankment will be drilled to approximate depths of 40 to 50 feet, and the borings east of the embankment to approximate depths of 20 to 30 feet. The depth of the borings may need to be adjusted in the field based on the conditions encountered. All but two of the bucket -auger borings will need to be drilled with track- mounted drilling equipment due to the difficult access conditions. The remaining two borings will be drilled using standard truck - mounted drilling equipment. Keinfelder will collect bulk soil samples throughout the depth of the borings and relatively undisturbed drive samples at changes in soil or rock type or five -foot intervals. Samples will be capped, labeled, and transported to its laboratory in Irvine for subsequent laboratory testing. At the completion of drilling and sampling operations, the borings will be logged downhole by an engineering geologist, if it is safe to do so. The purpose of the downhole logging is to observe the contacts between geologic units, identify and measure bedding and joint attitudes, and look for evidence of slip planes and shears in the bedrock materials. A log of the soil and bedrock features will be prepared by the geologist and included in the final report. At the completion of logging, the soil borings will be backfilied with the excavated cuttings. Compaction of the soil cuttings will be performed using a tamper on the end of the kelly bar. Field Exploration — Grade Control Structures: To provide support to RBF for the evaluation of scour potential in the vicinity of the proposed grade control structures, kleinfelder proposes to collect soil samples from ten locations within this area of the project site. lip to two samples will be collected at each of the locations selected by RBF to a maximum depth of five feet below the ,ground surface. Because these sampling locations are within the marsh area at the outlet of Buck Gully, the samples will be collected using a hand auger. Samples will be stored in plastic bags and transported to our Irvine laboratory for subsequent testing. (3) Laboratory Testing Laboratory testing is proposed for both soil and rock samples. The laboratory testing program will be dependent in part on the type of materials encountered in the subsurface exploration. Kleinfelder anticipates the materials encountered will consist of alluvium, colluvium, and artificial fill consisting of silty sand, clayey sand, and clay with varying quantities of gravel and cobbles. NT7eathered and relatively unweathered bedrock (Monterey Formation) kill also be encountered in the abutments and underlying the alluvium. Proposal ■ Buck Gully Erosion Control Project Paoe 3 -25 City of Newport Beach The laboratory testing program for soil materials will be developed to evaluate the engineering properties of the embankment foundation soils for use as embankment fill. Tests to be performed on bulk and relatively undisturbed soil samples include moisture content and dry unit weight, grain -size distribution, Atterberg limits, organic content, and preliminary corrosion potential. Remolded samples of alluvial material proposed for embankment and foundation fill will likely be tested for three point unstaged direct shear and unconsolidated undrained triaxial shear with pore pressure measurements. Samples collected for the scour analysis (grade control structures) will be analyzed for grain -size distribution. The number and type of laboratory tests to be performed will be determined based on the type of soils encountered in our investigation. (4) Seismic Hazard Analysis The purpose of the geologic and seismic evaluation is to identify and assess potential geologic hazards at the proposed site in accordance with the requirements for such studies as outlined under the California Code of Regulations, Title 24, 1998 CBC; CDMG Note 42 (Guidelines to Geologic /Seismic Reports); CDMG Note 44 (Recommended Guidelines for Preparing Engineering Geologic Reports); CDMG Special Publication 42 (Fault- Rupture Hazard Zones in California); and CDMG Special Publication 117 (Guidelines for Evaluating and Mitigating Seismic Hazards). In addition, our seismic hazards evaluation also includes development of site - specific ground motions (peak ground accelerations) • for the proposed site by using a seismic source model based on proximity to active faults, major historical earthquakes, regional seismicity, and subsurface soil conditions at the site. Specific scope of services will consist of the following: A. Seismic Hazard Review available information regarding the faulting and seismicity of the region to develop the seismic source model for the analyses. Review available-pertinent geological and soil information to develop a representative soil profile for the site and to estimate the site classification in order to use appropriate attenuation relationship in the analyses. Perform a probabilistic seismic risk analysis for the proposed site to establish a peak ground acceleration for the Upper Bound Earthquake (UBE) in accordance with the requirements of Title 24 1998 CBC § 1634A for seismic design. The UBE is defined as a ground motion having 10 percent probability of exceedance in 100 years (return period of about 950 years). Discussion of near fault factors on structural design. Proposal ■ Buck Gully Erosion Control Project Page 376 City of Newport Beach MR B. Geologic Hazard aI • Research and review of available geologic, geotechnical and seismologic publications and maps covering the site and vicinity including the California Alquist- Priolo Earthquake Fault Zones map of the area. • A geologic reconnaissance of the site by an engineering geologist to observe and map pertinent surface features indicative of possible geologic hazards. • Evaluate the researched data and prepare a discussion with conclusions regarding possible geologic hazards affecting the site and the proposed project. 10einfelder's geologic and seismic findings and conclusions will be included in the preliminary geotechnical report. i (5) Geotechnical Engineering Analyses The data obtained from the data review, geologic mapping, geophysical survey, field exploration, and laboratory testing program will be evaluated in light of the proposed construction, and specific geotechnical engineering analyses will be (. performed to assist in the preparation of design recommendations for the proposed embankment and appurtenances. Specific engineering analyses to be performed for the embankment and detention basin include: I J 0 Design of embankment fill section including zonation (if necessary) and drainage, as required based on material availability and proposed detention time; • Evaluation of the compatibility (filter criteria) between various embankment fill zones, if used; • Evaluation of the potential for compression/collapse of alluvium to be left in place below the embankment (if any); • Evaluation of liquefaction potential of alluNdum to be left in place below the embankment (if any); • Evaluation of seepage potential through, under, and /or around the proposed earthen embankment; • Evaluation of the stability of temporary excavation slopes; and • Evaluation of the stability of the embankment slopes under static, pseudostatic, and rapid drawdown conditions; (6) Geotechnical Report The results of the field exploration, laboratory testing program, and engineering and geologic analyses will be presented in a written preliminary geotechnical investigation report along with conclusions and recommendations regarding suitability of the site for construction of the proposed project. The report, which Proposal ■ Buck Gully Erosion Control Project Page 3 -77 ........ City of Newport Beach ?EW PoRT n a V .14 � _ c L`..oRµ, will be prepared and signed by a registered Geotechnical Engineer and Certified Engineering Geologist, is anticipated to include the following items: • A vicinity map showing the location of the project site; • A geologic map showing the approximate locations of borings and seismic refraction survey lines as well as geologic contacts and surface features; • Logs of all borings drilled during this investigation; • Results of the laboratory testing program; • Cross - sections through abutments and axis of the embankment, perpendicular through the embankment at the RCB outlet and/or maximum section, and through other areas of geologic interest; • A summary of the geologic and seismic hazard analyses including a discussion of the site and regional geologic conditions, regional faulting, and liquefaction potential; • Results of the slope stability analyses; • Recommendations for site preparation, remedial grading, earthwork, and compaction requirements; and • Recommendations for embankment construction including compaction levels, recommended gradation, required materials, and suitable temporary and permanent slopes. (7) Consultation with Design Team Based on Meinfelder's experience with several similar projects, a significant amount of communication typically occurs between the geotechnical engineer and the civil engineer. Meinfe-lder anticipates that the primary areas of coordination will be in the design of the embankment (zonation) and the safe inclination of permanent bedrock cut slopes. A budget of 40 man-hours for team meetings, design discussions, and consultation both with the project team and the City has been established for this purpose. Additional Scope and Fees for Agency Review The additional cost that will be incurred by the involvement of the City and their review consultant in the project is very difficult to estimate and is largely dependent upon the results of the proposed subsurface investigation work and laboratory testing. The City (or their consultant) will likely review and comment on the geotechnical report and could request that additional work be performed to address their concerns. Modifications to the scope of work proposed herein due to requests from the City are not included in our proposed fee. Proposal ■ Buck Gully Erosion Control Project Pace 2 -29 voHSU�..,o City of Newport Beach i To help facilitate a cooperative effort, Kleinfelder plans to meet with the City at — the site prior to beginning field exploration. This cooperative effort will help to reduce the potential for significant additional work and therefore do not anticipate a substantial potential for additional field exploration or laboratory testing work. They may also require that additional laboratory testing be completed based upon the results of our initial laboratory testing program. Although Kleinfelder has tried to anticipate such costs, responding to review comments from the City may take -= some additional effort beyond that which has been allocated in this proposal. Assumptions • Pleinfelder will be provided unrestricted access to the project site during normal working hours. Drilling may commence at 7 AM and continue until 5 PM, Monday through Saturday. • Drilling permits are not required from the Orange County Health Care Agency. If permits are required (borings entering groundwater), they will be obtained after drilling is completed for an additional cost. • The scope of work included within our fee estimate does not include any efforts in connection with the discovery of potential contamination during our sampling operations. In the event that such material is suspected, we w ll notify you for direction before proceeding on any out -of -scope services. • The scope and fee presented herein covers design of the embankment and detention basin at the location shown on Page 12 of the Feasibility Study Report prepared by NVRC Consulting Services, Inc., dated February 2005. If the embankment cannot be constructed at the current location and an alternate site needs to be evaluated, additional fees will need to be negotiated. • Four copies of the geotechnical report will be delivered via regular US Mail. Additional copies of the report can be provided for an additional fee. Environmental Scope of Work RBF will obtain, compile, review and analyze relevant environmental data available to deterudne the potential environmental issues related to the construction and maintenance of the Buck Gully Erosion Control project. A- Environmental Studies (1) Habitat Mitigation Monitoring Plan Compensatory mitigation for impacts to jurisdictional areas or functions and values is a fundamental component of the applicable regulatory programs. Mitigation can take several forms. It can consist of 1) avoidance or minimization of impacts, 2) compensation in the form of habitat creation, or 3) compensation through participation in a mitigation bank. RBF has retained BonTerra Consulting to prepare and coordinate a habitat mitigation- Proposal ■ Buck Gully Erosion Control Project Page 3-79 City of Newport Beach - Noise - The IS /MND will evaluate the project's potential noise impacts upon adjacent land uses. Discussion will include a qualitative construction- related and operational noise associated with the proposed detention basin. As this is not anticipated to be a major issue, a separate technical report is not proposed. ! Air Quality - The IS /MIND will evaluate construction- related and operational - emissions associated with the project, in accordance with SCAQMD's CEQA Air Quality Handbook (a separate technical report is not proposed). Biological Constraints Survey - This will be based on the Biological Constraints Survey previously conducted for the proposed project. Cultural Resources - CRM Tech will prepare a preliminary Cultural Resources Assessment. Due to the fact archaeological resources are often concealed or not always evident, CRM Tech will obtain an archaeological and historical resources records search for the project area. The records search will provide information on known cultural resources and on previous cultural resources investigations within a one -mile radius of the proposed project alignment. Data sources that will be consulted include archaeological site and artifact records, historic maps, reports from previous studies, and the state's Historic Resource Inventory (HRI) for Orange Country, which contains listings for the National Register of Historic Places (NRHP), California Register of Historic Resources (CRHR), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI) properties. Preliminary Hazardous Materials Assessment - RBF will review federal, state and local agency records regarding known hazardous material sites /handlers. All identified sites, typically within a one -mile radius, will be listed within the Preliminary Hazardous Material Assessment. RBF will observe, inspect and report on the site. RBF will identify any obviously, stressed vegetation, evidence of waste discharge or collection, fill materials, sink holes, wells, etc. Recommendations will identify, if necessary, the need to perform surface or subsurface exploration, sampling and laboratory testing in order to quantify the actual absence or presence of hazardous materials. This task specifically excludes soil/groundwater testing and/or laboratory analysis. (2) Draft and Final Mitigated Negative Declaration This Scope of Work assumes one (1) screencheck review of the Initial Study by the City. The City acting as the Lead Agency, will utilize the Initial Study to make a determination as to the anticipated environmental impacts of the Project. Informal responses to public comments will be prepared following completion of the public review period for use by the City (it is assumed that the IS/MNID will not require revision or re- circulation). RBF will formulate and prepare a mailing list (responsible public agencies, affected property owners and Proposal ■ Buck Gully Erosion Control Project Page 3-31 City of Newport Beach I ` +aicova. property occupants) and mail up to twenty (20) copies of the IS/MND. Copies of the Notice of Availability (NOA) will be mailed to property owners and occupants within 300 feet of the project limits. (3) Mitigation Monitoring and Reporting Program The Mitigation Monitoring and Reporting Program will be defined through working with the City to identify appropriate monitoring steps /procedures in order to provide a basis for monitoring such measures during and upon Project implementation, in compliance with CEQA procedures. (4) Meetings RBF will attend one (1) Pre - Design Meeting and one (1) public meetings. RBF can attend additional staff meetings or public bearings on a time and materials basis. This scope of work assumes that RBF will provide the City with five (5) copies of the screencbeck initial study, two (2) copies of the "check copy" Draft Initial Study, up to twenty (20) copies of the Draft Initial StudylNegative Declaration, and five (5) copies of the Final Initial Study, Negative Declaration and Mitigation Monitoring and Reporting Program. RBF will provide all additional reproductions in addition to the contract amount at direct cost. 1912"910I_14 Optional Task 1 `Fontrol Survey and Property Line As an optional task, F can review- the prelimi subject lots as furnished y the City and conduct Orange, City of Newport documents pertaining to the performing the field survey, performance guidelines and and adjust the existing local vertical control. Field investigation will include monumentation to support the Additional survey meas accuracy of the exdsting needed to define the rld and reports for each of the with the County of and local agent's to obtain recorded maps and I boundaries d survey monumentation. Prior to RBF will c er with the City Sun eyor to ascertain em-11 . Field surveying will be performed to tie eco of system to the published horizontal and plents and analysis pographic mapping, facility locations. the sufficiency of existing survey determination survey. be performed to test the Ito tie pertinent improvements as Proposal ■ Buck Gully Erosion Control Project Page 3 -32 City of Newport Beach i I i I 1 J' r J J. Optional Task -) Monument Preservation This optional taNfor" d include locating, tie out and Comer Records existing monumentation tha construction phase. p NRd pletion of construe on improvements by the city, will re -set the stroy post - construction Cornrds. Optio nal Task 3 Legal Descriptibps and Exhibits t ?EW �Rr n �IiGORN�r wring pre- construction be destroyed during the and acceptance of monumentation and file Legal descriptions and exhibit map c be prepared for use in property rights acquisitions between the City an come ers. The type of property rights to be acquired will range from tem rary coast tion easements to drainage easements, access easement; the vacati of existing ease ent no longer necessary and others items as may be needed t complete subject pro' ct. Optional Task 4 Eggineering Services During Should the City 5Ksirc services during construction, the BF ci�nl and geote cal engineering support services during e constructi0 of the project improvements. All services are so direction nd authorization of the City. RBF would act in a s City b roviding professional services on an as- needed basis. Team can provide the bidding and I'lect to the request, up rtinE role to the RWProposal ■ Buck Gully Erosion Control Project Pape 3 -33 =o- ��� +�� City of Newport Beach EXHIBIT B kl ...................................... ...... ............................... ............... ....... Ajj 12 N ........... fW . ............................ .. .... .............. ........................... ........ ................. . ......... . .. ............... . ............. ............... Z0 LA ........ ...... ................................... ...... .... ......... ................... ................................ I I i§ I I a I I if X :1 if (I i9 A 19 it !9 iR Is !i 16 if i� 1 fj if .1 E Z I A. ; 7E < E z ij c in :c IT t F I. TPRI'l EXHIBIT c (/ \ , , L . _j m` c W x v � w OZLL � o N •2 Q � u a y u I I m M1 K R m° TIT " a � r R 11 1 � 11 11 dl 7 I I I I I� i„1 ) � Il cl c I •: xh E "71 f ....... f wa o � lllllll � I!I 1 , s'� e �a a °c- - E plEo c cc - s pgyl°p c E EFa -- ° E A - inrc'> gE IE.o 61O°L' ° - `°E E a �„ o °an.o E _` cY EF° -EP °O oP c<au -- mo -` O.Ux Un1 EnRV�o2 p° U ooci tii I i m jo ° " « » ^ NNN ±o E! w u aP p o o i c O _ V., z E = F o - w ,N��'..•?��'; o � s �� �cla�oR_E -2 =_= �� o y _ •_.do _ �v o\u a_p 240v_u v'`on -- ° -_lol Qc�n? -4,E R k �S °FC+ "EE s € wa c ya au„ ° C. �(J�- Owowwco< H0' C. M 61 a 00 �NmV W.�� s C E W G e a LL e Z m c c a c N 0 � a i "e_az R GN Gq v:VY. (J, LAI C E W G e a LL e Z m c c a c N 0 � a I s I _ I I I RIB AR° LLi TTI �- mw =�- 0 � I } �I2 s E� _ .m <Im,m ryry RI mm wlw N I rvlry to :' E ry n wio m O k c n m y 3 _x - a 3v E d i1 51V C •�^ � � C19� C � U � e � - - a Ex nU nU° €'x im_i da03 V FC � ,.� 1CF. � : i t � ]W )/ - ,� . EN }\ �\ �•g 9a / /} §!\ \ \ \} \ \\ \ \{ \ }\ \ \�.t \� \ ) �. HOURLY RATE SCHEDULE Effective January 2005 OFFICE PERSONNEL SIHr. SeniorPrincipal ............................................................................. ............................... ........................$215.00 Principal....................................................................................... ............................... ...........................195, 00 ProjectDirector ............................................................................... ............................... .........................175.00 ProjectManager ............................................................................. ............................... .........................152.00 StructuralEngineer ......................................................................... ............................... .........................152.00 ElectricalEngineer ......................................................................... ............................... .........................134.00 Senior Engineer/Senior Planner ..................................................... ............................... .........................135.00 LandscapeArchitect .................................................................... ............................... ............................123 00 Project Engineer/Project Planner ................................................... ............................... .........................115.00 EnvironmentalSpecialist ................................................................ ............................... .........................112.00 CorrosionEngineer ........................................................................ ............................... .........................112.00 Design Engineer /Senior Designer / Mapper ..................................... ............................... .........................108.00 Designer/Planner ....................................................................................................... ............................... 94.00 GISAnalyst ...................................................................................... ............................... ..........................90.00 GraphicArtist .................................................................................. ............................... ..........................80.00 Environmental Analyst/Staff Planner ............................................... ............................... ..........................80.00 DesignTechnician ........................................................................... ............................... ..........................78.00 Assistant Engineer/ Planner ............................................................. ............................... ..........................74.00 Engineering Aid /Planning Aid .......................................................... ............................... ..........................60.00 FIELD PERSONNEL 2 -Parson Survey Crew ' ................................................................. ............................... ........................$200.00 1 -Person Survey Crew .......................................................................................... ............................... 145.00 FieldSupervisor ........................................................................... ............................... .........................138.00 CONSTRUCTION MANAGEMENT PERSONNEL ConstructionManager ................................................................... ............................... ........................$150.00 Resident Engineer /Project Manager ............................................... ............................... .........................127.00 Senior Construction Inspector ......................................................... ............................... ..........................98.00 ConstructionInspector .................................................................... ............................... ..........................95.00 FieldOffice Engineer ....................................................................... ............................... ..........................90.00 ConstructionTechnician .................................................................. ............................... ..........................78.00 OTHER SERVICES AND FEES PermitProcessor ................................................................................................... ............................... $95.00 ClericalfWordProcessing .............................................................. ............................... ..........................50.00 Consultation Relative to Legal Actions ......................................... ............................... .........................270.00 VehicleMileage ........................................................................................................... ......................0.501mile Note: Blueprinting, reproduction, messenger service and otherdimct eKpenses will be charged" an additional cost plus 15%. A Sus - consultant Management Fee of fdieen-percent (15 %) will be added to the direct cost of all subrnnsuftant services to provide for the cost of administration. subconsuftant consultation and insurance. City of Newport Beach NO. BA• 06BA -019 BUDGET AMENDMENT - " 2005 -06 AMOUNT: $16,157.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance rx] Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Morning Canyon Stabilization Project to the Buck Gully Detention Basin ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Amount Debit Credit Division Number Account Number Automatic System Entry. Financial Approval: Administr five Services Director Date Signed: "`�� Administrative Ap oval: City Manager Date Signed: City Council Approval: City Clerk Date Description Division Number 7014 General Fund - Misc & Studies Account Number C5100805 Morning Canyon Stabilization Project $16,157.00 Division Number 7014 General Fund - Misc & Studies Account Number C5100815 Buck Gully Erosion Control $16,157.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Financial Approval: Administr five Services Director Date Signed: "`�� Administrative Ap oval: City Manager Date Signed: City Council Approval: City Clerk Date