HomeMy WebLinkAbout09 - Buck Gully Restoration§�"" W Pp
CITY OF
�O NEWPORT REACH
(3
Agenda Item No. 9
October 23, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Public Works Director /City Engineer
949 - 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Robert Stein, rstein @newportbeachca.gov
APPROVED: JNn, Q
TITLE: Approval of Amendment No. 5 to the Professional Services
Agreement with RBF Consulting for the Buck Gully Restoration
Project Landscaping Monitoring
ABSTRACT:
A requirement of the Coastal Development Permit issued for this project entails
monitoring of the site for five years to document that the native plants are thriving and
exotic plants are removed. Under this contract amendment, RBF Consulting (RBF) will
perform the required monitoring and reporting services.
RECOMMENDATION:
Approve Amendment No. 5 to the Professional Services Agreement with RBF of Irvine,
California at a cost not to exceed $83,070.00, extend the term of the agreement to
March 31, 2018, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The Buck Gully Restoration project was recently completed and unspent contingency
funds are proposed to be used to perform required environmental reporting. Sufficient
monies are available in Project Account No. 7014- C5002002 to fund the contract
amendment.
DISCUSSION:
Under the terms of the California Development Permit for the Buck Gully Erosion
Control Project, the City must monitor the restoration landscaping and report if the
plants are healthy and the restored area has proper coverage of the plant material.
Approval of Amendment No 5 to the Professional Services Agreement with RBF Consulting for
the Buck Gully Restoration Project Landscaping Monitoring
October 23, 2012
Page 2
RBF's biologist will inspect and catalog the plant materials in the restoration area and
prepare an annual report per Permit requirements. Under this contract amendment,
RBF will, as needed, provide City staff with post- construction advice and services, e.g.,
recommend native plant materials to better mask the rock structures.
ENVIRONMENTAL REVIEW:
Staff recommends that the City Council find that this action is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c), (2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) 15060(c), and (3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
j Z��'
David Webb
Public Works Director /City Engineer
Attachments: A. Amendment No. 5 to Professional Services Agreement
B. Location Map
Attachment A
AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING FOR
BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO FIVE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Agreement') is made and entered into as of the day of October,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and RBF CONSULTING, a California corporation
( "Consultant'), whose address is 14725 Alton Parkway, Irvine, CA 92618, and is made
with reference to the following:
RECITALS
A. On October 11, 2005 (the "Effective Date "), City and Consultant City and
Consultant entered into a Professional Services Agreement ( "Agreement') for
consulting services for the Buck Gully Erosion Control Project ('Project').
B. On March 4, 2009, City and Consultant entered into Amendment No. One to the
Agreement to increase the scope of work and increase the total compensation
( "Amendment No. One ").
C. On February 16, 2010, City and Consultant entered into Amendment No. Two to
the Agreement to extend the term of the Agreement, increase the scope of work
and increase the total compensation ( "Amendment No. Two ").
D. On March 29, 2011, City and Consultant entered into Amendment No. Three to
the Agreement extend the term of the Agreement and update insurance
requirements ( "Amendment No. Three ").
E. On February 8, 2012, City and Consultant entered into Amendment No. Four to
the Agreement to increase the scope of work and increase the total
compensation ( "Amendment No. Four').
F. City desires to enter into this Amendment No. Five to increase the scope of work,
extend the term of the Agreement to March 31, 2018, and increase the total
compensation ( "Amendment No. Five ").
G. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2018, unless terminated earlier as set forth herein.
3
RBF CONSULTING 1
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as previously amended, shall be supplemented to
include the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No.
Five shall collectively be known as "Exhibit A ". City may elect to delete certain tasks of
Exhibit A at its sole discretion.
3. COMPENSATION TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement, as previously
amended, shall be amended in its entirety and replaced with the following: 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 Summary of Fees contained in Exhibit B of
the Agreement, which is attached hereto 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 Six Hundred
One Thousand Seven Hundred Seventy -Two Dollars and No /100 ($601,772.00)
without prior written authorization from City ( "Total Amended Compensation "). No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
3.1 The -Total Amended Compensation reflects Consultant's additional
compensation for additional. services to be performed in accordance with this
Amendment No. Five in an amount not to exceed Eighty -Three Thousand
Seventy Dollars and No /100 ($83,070.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
2
RBF CONSULTING 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date- 10/ 111 i L
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: : t I By:
Aaron Har — 1 1 I Nancy Gardner Mb
City Attorney Mayor
ATTEST:
Date:
a
Leilani I. Brown
City Clerk
Attachments
CONSULTANT: RBF CONSULTING,
a California corporation
Date:
By:
S. Robert Kallenbaugh
Chief Executive Officer
By:
Douglas J. Frost
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Summary of Fees
s
RBF CONSULTING 3
EXHIBIT A
SCOPE OF SERVICES
RBF CONSULTING
EXHIBIT A
SCOPE OF SERVICES
RBF Consulting (RBF) shall perform the following services in support of the subject project:
TA SIC 1: Mitigation Installation /As- Built Report
RBF shall prepare a technical letter after completion of the site preparation and planting, acknowledging
the completion of the installation phase of the mitigation and documenting its as -built status. The report
shall include a plan or map diagram showing the mitigation area and the final as -built locations of the
plantings. Photographs fi•om.representative vantage points shall also be included to document the as-
built conditions. Per the Coastal Development Permit (CDP) the Report shall include an analysis of the
attributes that will be monitored pursuant to the Restoration Program. The implementation report shall
be submitted to the regulatory agencies within thirty (30) days of implementation completion (ire., after
planting is finalized and vector issues are addressed). It is our recommendation that the implementation
report be forwarded no later than November 1, 2012.
Deliverables: Aitigation Lslallation /As -Built Technical Letter• (Internal Draft)
Mitigation -Installation /As -Built Technical Letter (rinal, Provided to Regulatory
Agencies)
TASIt 2: Mitigation Site Field Monitoring (Years 2013 -2017)
Qualitative monitoring: Starting in January 2013, RBF will conduct monthly qualitative monitoring of
the restoration site for six months. Thereafter, the restoration site will be inspected quarterly for the rest
of the five -year monitoring period per the approved Restoration and Monitoring Plan. RBF will maintain
a written record of each site visit that can be provided to the City by request. Monitoring of the
restoration site will utilize a quantitative functional -based assessment to establish baseline conditions, set
success criteria, and assess restoration site progress. The California Rapid Assessment Method (CRAM)
will be utilized annually. Qualitative surveys will be performed by the Project biologist and will consist
of a general site -walk. General observations, such as fitness and health of the planted species, pest
problems, weed establishment, mortality, and drought stress, will be noted in each site visit. RBF will
also note observations on wildlife use and native plant recruitment for the purpose of later discussion in
the annual reports. Records will be kept of mortality and other problems such as insect damage, weed
infestation, and soil loss. RBF will determine remedial measures necessary to facilitate compliance with
performance standards. All remedial measures undertaken will be referenced in the annual monitoring
report to the U.S. Army Corps of Engineers (Corps), California Coastal Commission (CCC), California
Department of Fish and Game (CDFG) and Santa Ana Regional Water Quality Control Board
(RWQCB).
Quantitative.monitoring: The fast quantitative annual monitoring will occur in June 2013, following ilia
first growing season after installation, and every year thereafter for five years. During the quantitative
monitoring event, RBF will determine the percent- survival of the plantings and the vegetative cover of
native and non - native species on the site. If the survival and cover requirements have not been met, the
City is responsible for replacement plantings to achieve the requirements. Replacement plants shall be
monitored with the same survival and growth requirements for tip to five years. Monitoring will assess
the attainment of annual and final success criteria and identify the need to implement contingency
measures in the event of not meeting success criteria. The site will be compared to the restoration
performance standards defined in the Restoration and Monitoring Plan and in Table 1, below.
Quantitative monitoring for percent - survival will be conducted through an annual census of all container
stock installed. The number of missing, dead and /or declining plant stock will be, recorded fier each plant
species installed within the restoration site. The percentage of surviving container stock will then be
calculated. Taansects (total of ten transacts) will be used to measure plant species coverage, species
diversity, and structural diversity (plant strata). Each transect location is randomly located the first year,
and permanently marked fm• use in subsequent years. The number of plant zones and evidence of
hydrological activity will be visually estimated. Photo - documentation will be conducted from permanent
photo- stations established prior to or during the first annual monitoring event. Photos will be taken
during each monitoring visit and from the same vantage point and in the same direction every year.
Table 1. Restoration Performance Standards
:. :,...,::,...�,.:.';,..'r.� �Lpit;� -c-
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,:'I'erce � �Sncvwal � �'�
s�..::�.�:� „•::S ecies.: _:aeo•: -z
�:. sreCat:. �oversb�x:`n
:a.:.::NahvoS acres
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1
80%
NA
. NA
<50%
2
100%
NA
NA
<25%
3
100%
75%
NA
< 15%
4
100%
75%
NA
< 15%
5
l00%
90%
<5%
<15%
Performance criteria used to evaluate success of the restoration site includes percent survival and percent
cover. Additionally (per the CDP), the restoration will be considered successful if overall species
composition and the vegetative cover of the dominant perennial species are similar to relatively
undisturbed vegetation of the same type in nearby refereuce areas. The Corps' "50/20” rule shall be used
to determine dominance. Species composition shall be considered similar if all the dominant species and
at least 80% of the non - dominant species at the reference site are present at the restored site. The
vegetative cover of dominant species at the restoration and reference sites will be compared with an
appropriate statistical test. Random sampling of the restoration and reference sites will be done with
sufficient replication to detect a 10% absolute difference in cover with 90% power with alpha = 0.10.
The cover of dominant species will be considered similar if there is no statistical difference (P >0.10) in
the average cover of each dominant species between the two sites; or, if there is a statistically significant
difference, it is no greater than 10% absolute cover. An estimate of the sample variance will be provided,
and a statistical power analysis will be conducted to estimate of the necessary number of samples to meet
the requirements specified above.
Deliverables: Sitepho tos,GPS Points andFieldNotesonCD
TASK 3: Report Preparation and Annual Submittals
RBF will prepare and submit annual reports that summarize site conditions to the resource agencies at the
end of each year following initial implementation. Monitoring reports will be submitted following the
annual spring - summer survey. The spring - summer survey must occur during optimal growing conditions
between March and August, and the reports will be submitted no later than December 31. For example,
the fast monitoring report will be submitted no later than December 31, 2013. This task assumes up to
five (5) annual reports. Reports for additional years, if needed, can be provided upon the approval of a
contract augmentation. As specified in the Restoration and Monitoring Plan and regulatory approvals,
monitoring reports shall include, but are not limited to, the following:
• Title pages identifying the regulatory agency permit numbers and the period for which the
monitoring repot is applicable;
• A list of names, titles, qualifications, and companies of all persons who prepared the content of
the annual report and participated in monitoring activities;
• Date of initiation of restoration installation and date restoration installation was completed;
• Restoration as- builts, including topography maps and planting locations;
• Complied data, summary statistics, and graphs;
• Survival, percent cover, and height of both tree and shrub species;
• Number of species of plants replaced; .
• Method used to assess these parameters;
• Topographic complexity characteristics at the restoration site;
• Upstream and downstream habitat and hydrologic connectivity;
• Source of hydrology;
• Width of native vegetation buffer around the entire restoration site;
• Qualitative and quantitative comparisons of current restoration conditions with pre - construction
conditions and previous restoration monitoring results;
• Stream photo - documentation (taken from same advantage point as baseline photographs and
including GPS coordinates for each photo), including all areas of permanent and temporary
impact, prior to and after project construction, and restoration areas, including all areas of
permanent and temporary impact, prior to and after construction;
• Maps identifying monitoring areas, transect locations, and planting zones;
• A Survey repot documenting boundaries of restoration area, including Geographic Information
System (GIS) shape files (polygons) of the impact and restoration areas (two GPS reading points
must be taken on each line of the polygon and the polygon must have a minimum of 10 points).
GIS metatdata must be submitted; and,
• Detailed remedial maintenance to be performed.
• Overall Performance Evaluation
Each report shall include copies of all previous repots on CD. The report will be submitted to the
regulatory agencies after review and approval by the City.
Deliverables: Annual Miligatioii Monitoring Report (Draft)
Ainival Miligalion MovitaringReport (Final, Provided to RegiulaloyAgencies)
TASK 4: Post - Construction Support and Coordination
This task includes meetings, e-mail, and telephone communication with the City and restoration
contractor, as needed. This task also includes conununication and coordination time with the Vector
Control District. Up to five (5) meetings (on -silo or at the City) are included with this task.
This task includes general and continued post - construction support. Such tasks may include adjustments
to as -built drawings, permit amendments or coordination with the City as needed. Specific support may
include coordination and design related to the gabion structures, subsurface flow wetlands, channel
sireambed, or bend -wey weirs. This task is a budget amount. Should additional time /budget be required,
services would continue upon au approved contact augmentation.
Other Direct Costs (Non - Labor)
other Direct Costs for this proposal include reproduction expenses, Feld supplies and messenger /mailing
services.
10
EXHIBIT B
SUMMARY OF FEES
RBF CONSULTING
SUMMARY OF ]FE1;S
Consultant shall be compensated for the Scope of Services described herein, as follows:
"—s ®�z ..¢` n,�"'c'y�Sw`.
- .mss:..
.� .,,•, — Poslllonyf �,�c�p ;lOCipa
— 's s'• - _- +-- 5``r�` A..r`,�'„�a'�, .j _r.A •y- -'E i
!'ra S 5or - es' j n R—Ialo --
la agera,>g�ee�r�'Enp nq r�aly�'sl�� -.�19 na ysl GraQ r�Arl sl�TOt'al OL4L
) Mitigation InslallaltordAs -Sulu Report
41
1 321
161
21
54
$6,250
) Mitigation Silo Field Monitoring
1
321
200
20
6
260
$30.320
) Report Preparation and Annual Submittals
1
24
120
20
0
172
$20.400
) Post Construction SuppoNCoordinalion
22
50
16
16
50
154
$25.100
mER DIRECT COSTS
$1,000
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Billing — Client shall be billed on a monthly basis. This scope of work is based on Time and Materials
Billing based on the matrix above, not to exceed $83,070. Should additional budget, or additional
services be required, the client shall be contacted and work would continue upon a client- approved
contract augmentation.
Exclusions — Any work relating to the following items are specifically excluded from the services
described herein.
1. Soils Engineering and geotechnical report
2. Aerial topography or photography
3. Utdityrelocation plans
4. Legal descriptions and exhibits
5. Application Fees
6. ConceptuaUFinal Mitigation Plan
7. Entitlement Services
S. Hazardous Wastes
9. New Regulatory Applications
10. Landscape Design
11. Implementation (planting)
Additional Services — Although not required at this time, such Additional Services to be required. Client
may request that RBF perform services, which are Additional Services; however, RBF is not obligated to
perform such Additional Services unless an amendment to the Agreement has been filly executed setting
forth the scope, schedule and fee for such Additional Services. In the event RBF performs Additional
Services before receipt of such executed amendment, Client aclulowledges its obligation to pay for such
services at RBF's standard rates, within 30 days of receipt of RBF's invoice.
Client Responsibilities - Consultant's obligations hereunder are based upon understanding:
1. Client shall provide site access
12
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