HomeMy WebLinkAbout12 - Newport Blvd Wetlands Project Construction Documents• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
November 23, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein @city. newport- beach.ca. us
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
WRC CONSULTING SERVICES FOR PREPARATION OF THE
NEWPORT BOULEVARD WETLANDS PROJECT CONSTRUCTION
DOCUMENTS
RECOMMENDATION:
Approve a Professional Services Agreement with WRC Consulting Services, Inc.
• (WRC), of Anaheim, California, for preparing planning and construction documents for
the Newport Boulevard constructed wetlands at a negotiated fee of $72,982.00 and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City completed a study this year that determined that significant bacterial loading is
conveyed in the drainage system along Newport Boulevard that outlets into the Turning
Basin near the Arches Bridge. Computer modeling shows this bacterial plume is driven
into the Newport Island Channels by tidal action. To help alleviate this problem, the
City is proposing to construct an infiltration area with minimal restoration landscaping in
the 500 -foot V -ditch along the east side of Newport Boulevard South of 15 ' Street.
Staff prepared a Request for Proposal (RFP) for planning, preliminary design, final
construction documents, environmental review and permitting. The project is
conceptualized to low environmental impact. On September 24, 2004, the RFP was
sent to six consultants and three proposals were subsequently received. Staff rated the
consultants' proposals and opened the fee proposal of the top - ranked firm. WRC
Consulting Services (WRC) submitted a not -to- exceed fee of $72,982.00. Staff
subsequently met with WRC to discuss the project's scope of work and deemed the fee
appropriate.
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SUBJECT: Newport Boulevard Wetlands Project— Amendment No. 1 to Professional Services Agreement With WRC
November 23, 2004
Page 2
Environmental Review: •
WRC will prepare an environmental document for the proposed project, and file the
appropriate Notice with the County.
Funding Availability:
Sufficient funds for the project are available in the following account, which is a grant
from the State Water Resources Control Board:
Account Description Account Number Amount
Contribution Fund 7251- C5100596 $72,982.00
Prepared by: Submitted bOPKB :
Robert St ein, P.E. � S m
Principal Civil Engineer Pubj% orks Director
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT WITH
WRC CONSULTING SERVICES, INC.
FOR NEWPORT BOULEVARD WETLAND PROJECT
THIS AGREEMENT is made and entered into as of this _ day of ,
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and WRC CONSULTING SERVICES, INC., a corporation whose address is
5100 La Palma Avenue, Suite 116, Anaheim Hills, California, 92807 ( "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 wetlands adjacent to Newport Boulevard.
C. City desires to engage Consultant to prepare construction documents and obtain
permits for a constructed wetlands adjacent to Newport Boulevard. ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Lan Weber,
P.E., Ph.D.
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 31" day of December, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
. discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and •
Consultant shall perform the services in accordance with the schedule included
in Exhibit 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 Seventy -Two Thousand Nine Hundred Eighty -Two Dollars and
no /100 ($72,982.00) 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:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
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Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
0 B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement,
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Lan Weber to be
its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. 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:
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.
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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
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,
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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.
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.
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14. INSURANCE
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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. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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 Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
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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.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
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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 may be 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.
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All improvement and /or construction plans shall be prepared with indelible
• waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
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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 borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably •
financially affect such interest.
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If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attention: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Lan Weber
WRC Consulting Services, Inc.
5100 E. La Palma Avenue, Suite 116
Anaheim Hills, CA 92807
Phone: 714- 970 -8808
Fax: 714- 970 -8844
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
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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. •
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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
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.
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36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
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Mayor
for the City of Newport Beach
WRC CONSULTING SERVICES, INC.:
ON
Lan Weber, Principal
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f: \users\pbw \shared \agreements \fy 04- 05 \wrc- newport boulevard wetland.doc
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WRC
SECTION 2
Scope of Services
Task 1: Feasibility Assessment
1.1 As -Built Data
WRC will obtain and review related
reports, data and as -built plans for
Newport Boulevard, storm drains /ditches,
and adjacent slope.
1.2 Field Investigation
WRC's engineer, biologist, and
landscape architect will conduct a field
meeting with the City to assess the
current site conditions and discuss
potential solutions. Based on initial visits,
it is assumed that no special habitats are
existing at the site.
1.3 Base Map
We assume that aerial flown topographic
maps may not be necessary. It was
estimated that one -day ground control
research, one -day field survey, and
two -day compilation will be needed for
base map preparation.
1.4 Alternative Plan Development
The WRC team will present to the City
three concept alternatives involving
various types of treatment and grading
options and provide order -of- magnitude
cost estimates. These concepts will be
evaluated for their consistency with the
City's needs, Caltrans' approval
potential, needs for temporary irrigation
and erosion control, and construction
feasibility (to be assisted by the
City of Newport Beach
Newport Boulevard Wetland Project
EXHIBIT A
construction team). These alternatives
will be evaluated using approximate
methods on the flood conveyance
adequacy and erosion risk.
1.5 Agency Coordination
WRC will coordinate two meetings with
regulatory and approval agencies: The
first is to solicit design criteria and the
second is to present alternatives and
obtain concept approval. Due to time
constraints, we recommend visiting
Caltrans- related divisions individually if a
meeting cannot be arranged. We will also
consult with the Water Quality Control
Board if possible. At this time we do not
think other regulatory agencies will be
involved to a significant extent, but we
will not exclude their involvement until we
identify the recommended plan and
communicate with their representatives.
Task 2: Preliminary Design
WRC will prepare a preliminary design
for the preferred conceptual alternative
as determined in Task 1. The preliminary
design will be approximately 50% level of
design and will include grading, drainage,
and planting plans. The construction
team will assist in verifying the estimates
and in providing preliminary construction
methods (including stockpiles, traffic
control and permit process).
Task 3: Environmental Review
WRC will assist the City in completing
the environmental review processes.
Since this drain is not one of the Waters
of the United States, environmental
permitting needs are fundamentally
dependent on the alternative selected.
WRC Consultinq Services, Inc.
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WRC
Assuming a low- impact alternative with
beneficial improvement to the
environment, it is likely to get National
permit approval and to be acceptable
with a Negative Declaration. The low -
impact design will expedite the Caltrans
approval process. For fast delivery, we
assume that a full EIR is not needed.
Task 4: Final Design
4.1 Plans, Specifications, and Estimates.
WRC will prepare final construction
documents for the wetlands project
based on the preliminary design and any
revision recommended by the City,
Caltrans, and the construction team.
Design plans will include geometric
control, engineering and landscape
plans, detailed sections (every 50 feet),
details, temporary irrigation, and SWPPP
or WPCP.
4.2 Permits and Approval.
WRC will assist-tf3e_Giiy -irl working with
Caltrans and regulatory agencies to
obtain all of the plan approvals and
construction permits required by the
construction team for the project.
Task 5: Construction Support
The WRC design team will provide
support prior to and during construction
including the as -built plan preparation.
The consultant shall conduct a post -
construction survey of the site and
prepare the as -built documents.
Task 6: Construction Phase (Optional)
WRC team contractors will finalize the
construction budget and submit it for
review. The City may choose to negotiate
with the contractor or prepare for bid.
City of Newport Beach
Newport Boulevard Wetland Project
WRC Consulting Services, Inc.
Page 5
WRC
SECTION 3
Project Schedule
The project schedule is driven by the
Caltrans review process, which further
depends on the complexity of the
alternative selected for the project.
Assuming that the project starts on
December 1, 2004 (about 45 days after
the proposal due), the following schedule
was estimated:
Task 1: Feasibility Assessment
December 17, 2004
Task 2: Preliminary Design
January 7, 2005
Task 3: Environmental Review
January 31, 2005
Task 4: Final Design and Permitting
February 1, 2005 (design)
March 15, 2005 (permits)
Task 5: Construction Support
March —April, 2005
(pending contractor selection
process)
City of Newport Beach
Newport Boulevard Wetland Project
WRC Consulting Services, Inc.
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WRC
SECTION 4
Project Team
WRC Project Team
Prime Consultant (desiqn team)
WRC Consulting Services, Inc.
5100 East La Palma Avenue
Suite 116
Anaheim Hills, California 92807
Number of personnel (including
contracting specialists): 15
Subcontractor (construction team)
Fleming Environmental Inc.
(General Contractor)
6130 Valley View Street
Buena Park, California 90620
Kato Landscape, Inc.
(Landscape Contractor)
18182 Bushard Street
Fountain Valley, California 92708
Project Team Qualifications
The team of WRC Consulting Services,
Inc. (WRC) consists of experts in key
areas necessary for the successful
development of the Newport Boulevard
Wetlands Project. Our team includes
technical experts in hydrology,
hydraulics, erosion /sedimentation, water
quality, restoration specialist,
construction and riparian wetlands
biologists, landscape architect, civil
engineers, a surveyor, and an
environmental specialist. WRC's team
recommends a modified design build
process for timely and efficient
construction issue support during design.
Fleming Environmental and Kato
of Newport Beach
Newport Boulevard Wetland Project
Landscape, Inc., will provide assistance.
WRC's team will include Allwest
Geoscience, Inc., of Anaheim, California,
if geotechnical work is required.
Key personnel are identified in the
Organization Chart. Their credentials are
summarized below.
WRC staff has performed over 50
wetlands restoration /mitigation and water
quality improvement projects and over
400 projects involving grading, drainage,
infiltration improvement, runoff
management, slope stabilization, and
control of erosion /sedimentation and
storm water pollution. In addition, WRC
has a reputation for fast -track delivery in
wetlands biological assessment,
drainage system planning and
engineering design, recreation, habitat
restoration, groundwater management,
environmental documentation and
permitting, and public outreach. Our
team has extensive experience working
with Caltrans and the City of Newport
Beach.
This project is most suitable for the WRC
team due to our comprehensive, hands -
on abilities in technical analysis,
alternative formulation, feasibility design,
final design, PS &E, Caltrans and other
regulatory approval, and construction
support and actual construction.
WRC Consulting Services, Inc., serves
public agencies in Southern California,
Nevada and Arizona. WRC stands for
"Water Resources ", "Recreational
Facilities ", and "Civil Engineering ". WRC
was established to address the current
challenges of natural resources
restoration within coastal plains, river
corridors, and other environmentally
sensitive areas. Combining traditional
WRC Consulting Services, Inc.
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EXHIBIT B
C
cm. Inc.
HOURLY LOADED CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Professional
Clerical ............................
CAD Designer ................
Staff Professional ........
Senior Professional.........
Project Manager ..............
Principal Engineer ..........
QA/QC .............................
Administrative
Effective October 1. 2004
.......................................................... ............................... $
50.00
.......................................................... ............................... $
76.00
.......................................................... ............................... $
96.00
.......................................................... ............................... $
115.00
Word Processor /Admin. Support ........ ...............................
Graphic Designer/ Publisher ............... ...............................
Reimbursable In -House Costs
B &W Photo Copies (up to 8.5" x11 ") ....... ...............................
B &W Photo Copies (up to 11' x17") ........ ...............................
Color Copies (up to 8.5' x11 ") ................. ...............................
Color Copies (up to 11' x17") .................. ...............................
Color Print Original (up to 8.5'x11 ") ...... ..............................I
CADD Print Original (B &W, 11'x17 ") .... ...............................
CADD Print Original (Color 11' x17") ...... ...............................
CADD Print Original (B/W, 24'x36 ") ...... ...............................
CADD Print Original (Color, 24'x36) ..... ...............................
CADD Print Original (Color, 36'x44 ") .... ...............................
Mileage.. ..... - ....... - ...... ......... ...............................................
............................... $ 140.00
............................... $ 140.00
............................... $ 165.00
..... ............................... $ 50.00
..... ............................... $ 55.00
.... ............................... $ 0.10 /Each
................... ... ...... .......S 0.15 /Each
.... ............................... $ 1.00 /Each
.... ............................... $ 1.50 /Each
.... ............................... $ 2.00 /Each
..... ..............................$ 1.00 /Each
..... ..............................$ 3.00 /Each
.... ............................... $ 5.00 /Each
.... ............................... $ 24.00 /Each
.... ............................... $ 40.00 /Each
..... ..............................$ 0.365mile
Reproduction, special photography, postage, delivery services, express mail, CADD printing and any
services performed by subcontractor, will be billed at cost plus 10 %.
There will be a negotiated increase in rates after December 31, 2004.
5100 E. Lo Palma Avenue. Suite 116 . Anaheim Hills . California . 92807 . 714.970.8808 .714.970.8844 fax . w .wrcinc.nef