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HomeMy WebLinkAbout06 - Big Canyon Creek Restoration Project - Approval of PSACITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 December 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Mark Reader, Project Manager 949 -644 -3311 SUBJECT: BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC.; BUDGET AMENDMENT ISSUE: Should the City contract with a new lead engineering firm, at a slightly higher price (including some additional services), to continue work on the Big Canyon Creek Restoration Project? DATIONS: Approve a Professional Services Agreement with VA Consulting, Inc., of Irvine, California, for design services at a contract price of $435,159 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment appropriating $28,222 to Account No. 7251 - 05100709 and increasing revenue estimates by $28,222 representing a contribution from Orange County Sanitation District for preliminary design and CEQA documents for an OCSD maintenance access road. 3. Approve a Budget Amendment appropriating $38,703 to Account No. 7251 - 05100709 and increasing revenue estimates by $38,703 representing a contribution from Orange County Sanitation District for additional costs related to the design of the access roadway. 4. Approve a Budget Amendment appropriating $50,000 to Account No. 7251 - 05100709 and increasing revenue estimates by $50,000 representing contributions from the Irvine Company via the Irvine Ranch Conservancy to cover educational and interpretative elements for the project. 5. Approve a Budget Amendment appropriating $48,456 from the unappropriated General Fund Reserves (Tidelands) to Account No. 7231- C5100709 for the Big Canyon Creek Restoration Project. Big Canyon Creek Restoration — Approval of Professional Services Agreement with VA Consulting, Inc. December 11, 2007 Page 2 DISCUSSION: On May 23, 2006, the City Council approved a Professional Services Agreement with WRC Consulting Services (WRC) in the amount of $698,595 to prepare a feasibility assessment, Water Quality Assurance Program Plan (QAPP), Sampling and Analysis Plan (SAP), CEQA documents and notifications, and preliminary engineering tasks as well as final construction documents for the Big Canyon Creek Restoration Project. Per recommendations by the Regional Water Quality Control Board, three amendments to the agreement were subsequently approved adding $8,650 to the contract. Also, at the request of Orange County Sanitation District (OCSD), the City of Newport Beach approved Amendment No. 4 for $28,222 for the preliminary design and CEQA documents for an OCSD maintenance road to cross Big Canyon Creek to provide maintenance access to an OCSD manhole on the other side of the creek. (OCSD will reimburse the City $28,222 for this task.) With these amendments, the total contract amount is $735,467. WRC completed several aspects of the work — the feasibility assessment, the QAPP, the SAP, CEQA document preparation and most of the preliminary engineering. But for preparation of the final construction documents, city staff determined, in consultation with our two major grant funders (the Regional Water Quality Control Board and the State Coastal Conservancy) that a fully- staffed civil engineering firm should take the lead on completing. the final construction documents by next summer. WRC did not want to be subordinate to another firm. As such, on October 17, 2007 the City terminated WRC's contract per Section 28 of the Professional Services Agreement with WRC leaving $298,000 remaining in the contract and project fund once the City receives the $28,222 reimbursement from OCSD. Staff subsequently spoke with three firms and selected VA Consulting as the best suited for completing the project within this schedule. Staff requested that VA prepare a budget based on the remaining tasks in WRC scope of work VA Consulting contacted all the previous subconsultants and has reconstituted the original WRC team with the exception of WRC plus the addition of LSA for the upland landscape design. Based on the remaining tasks in the WRC scope of work, VA Consulting submitted its proposal for a fee of $314,574. This amount is $16,574 (about 5 %) higher than WRC's original budget. In addition to the change of lead engineering firms, VA Consulting suggested, and staff agrees, that some additional design- related work should be done as a part of this Phase. This work is described in the following section. Big Canyon Creek Restoration — Approval of Professional Services Agreement with VA Consulting, Inc. December 11. 2007 Page 3, Additional Work Items Not Covered Under the Original WRC Scope of Work During the preliminary engineering phase of the work, WRC identified additional tasks that need to be performed during the final engineering phase of this project. A discussion of the additional services follows: Survey and Mapping: Even though an aerial survey was previously provided for the 60 acre project, additional topographic survey information is required for the final engineering design to obtain more accurate information than the aerial survey currently provides. The proposed work also includes ground truthing the original topographic survey for its acceptance by VA Consulting as to its accuracy. Geotechnical: Geotechnical investigations were provided by Geosoils during the preliminary engineering phase of the project. It is recommended to provide additional geotechnical data in the locations of design elements of the project. Invasive Vegetation: During preparation of the feasibility report, it was determined that certain invasive species which inhabit the Big Canyon Nature Park also occur on the bluffs and in some instances on private property. Due to the sensitive nature of soil stability and erosion of the bluffs the consultant will prepare specifications relating to removals of the invasive species and planting specifications for non invasive species. Interpretive Signage: The original contract fee estimate assumptions stated "One interpretive panel at kiosk and four signs along the trail for final design ". Since completion of the feasibility study, it is recommended that 15 additional sign panels be provided than originally considered for the project. The scope of the interpretive sign design is noted in Part 2 -G of the VA Consulting Scope of Services. NPDES: A Water Quality Management Plan (WQMP) and a Storm Water Pollution Prevention Plan (SWPPP) were excluded from the contract documents with WRC and needs to be included with the VA Consulting contract. Engineering Support During Bidding: This item provides for consultant time to support activities during the bidding process. The total for these tasks is $1.20,585. Of this amount, $88,703 would be reimbursed by others: OCSD would reimburse $38,703 for the design of the access roadway. The Irvine Ranch Conservancy (IRC) is administering a grant to the City as a part of the Irvine Company's donation to the Big Canyon Creek Project. The Irvine Company's donation is to cover the educational and interpretive elements of this Project. For this design phase, IRC will budget $50,000 of the TIC grant to be used by the City. Big Canyon Creek Restoration — Approval of Professional Services Agreement with VA Consulting, Inc. December 11, 2007 Page 4 As a result of these funds, the net cost to the City for these additional design related tasks is $31,882. With the additional costs of $16,574 for the base contract, the total additional funds required for the design work is $48,456. Funding Availability: Initial funding for this project Came from State Water Resources Control Board ($200,000), State Coastal Conservancy ($500,000) and $100,000 to match these funds from the City's tidelands account. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Description Unappropriated General Fund Reserves (Tidelands) OCSD Reimbursement The Irvine Company via IRC Prepared by: F� Mark nRead r Project Manager Account Number Amount 7231- C5100709 $48,456 7251- C5100709 $66,925 7251- C5100709 $50,000 Total: $165,381 Submitted by: e . Badum Pub li orks Director Attachment: PSA with VA Consulting Inc. Big Canyon Creek Restoration Exhibit PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING INC FOR BIG CANYON CREEK RESTORATION 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 VA CONSULTING INC a California. Corporation whose address is1'7801 Cartwright Road, Irvine, California, 92614 ("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 it planning to restore the historic tidal wetlands that have been traditionally situated in the mouth of Big Canyon. Water quality features will be incorporated which include a series of fresh water ponds. Also new interpretive and educational facilities will be constructed within the Big Canyon Nature Park. C. City desires to engage Consultant to act as the lead consultant and provide final engineering services as outlined in VA Consulting Scope of Services referenced as Exhibit "A" for the Big Canyon Creek Restoration Project ( "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 John S. Walter, Inland Empire Division President and Daniel D. Villenes, Director of Water Resources. 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 June, 2009, 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 the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner 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 Thirty Five Thousand One Hundred Fifty Nine Dollars and no /100 ($435,159.00) without prior written 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 2 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 writing 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 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. 4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 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 Daniel D. Villenes, Director of Water Resources to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit 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. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Mark Reader, PE 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. 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is 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 iri default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City 4 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, volunteers 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 the negligence, recklessness, or willful misconduct of the Consultant or 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 sole negligence, 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 of 5 interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee .informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain,. provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers.. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size 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 Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's f employees. Any notice of cancellation or non_ renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) 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. 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: L 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. 7 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 (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer. or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING 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. The City is an intended beneficiary of any work. I✓ performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. 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 Consultants expense, provide such Documents to City upon prior written request. Documents, . including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's . sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility.for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage 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 Citys digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version.of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction,cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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 10 _ 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 riot 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 the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any,financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, 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: Mark Reader Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax. 949 -644 -3318 11 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Mr. Max P. Vahid, P.E. President and CDO VA Consulting, Inc. 17801 Cartwright Road Irvine, CA 92614 Phone: 949 -474 -1400 Fax: 949 - 261 -8482 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, and thereafter diligently take steps to cure the 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. 12 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. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. 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. 35. 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. 36. 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. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age... 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: -A , C City Attorney for the City of Newport Beach ATTEST: In LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation an Mayor for the City of Newport Beach CONSULTANT: (Corporate Officer) Print Name: 0 (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \userslobwlsharedlagreements\fy 07 -08\va consuldrg -Mg canyon creek.doc 14 Exhibit A Vik CONSULTING December 4, 2007 Mr. Mark Reader, P.E. Project Manager Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Dear Mr. Reader: Thank you for providing VA Consulting, Inc. (VA) the opportunity to submit this proposal for professional consultant services to prepare the final design, contract documents and obtain resource agency permits for the Big Canyon Creek Restoration Project (Project). This proposal supersedes our proposal submitted to the City on November 29, 2007. VA understands that the City of Newport Beach (City) has undertaken the Project In order to restore historical tidal wetlands that have been traditionally situated in the Upper Newport Bay at the mouth of Big Canyon. The Project Feasibility Study, prepared by WRC Consulting Services, Inc., was completed in June 2007 and the Project Mitigated Negative Declaration (CEQA Document) was adopted by the City council in September 2007. The services provided in this proposal are for the project described in the above Feasibility Study and CEQA Document. VA has assembled a highly qualified Project team to perforrn the design and permitting tasks necessary to bid and construct the Project. VA staff will perform field surveys and mapping, civil engineering and structural engineering design, preparation of construction plans, specifications and cost estimates and provide overall project management. LSA Associates, Inc. (LSA) will provide the design and specifications for the riparian and upland vegetation planting, the design and specifications for removal and monitoring of invasive species, and the landscaping design and specifications for the Project trail system. From the previous Feasibility Study Project Team, Ron Yeo, FAIA Architect, Inc. continue to provide the architectural services necessary for the final design of Project: improvements. Geosoils Inc. (GSI) will provide geotechnical services necessary to update the: preliminary soils investigation to include final design criteria for the conceptual Project plans'. Weston Solutions Inc. (Weston) will continue with the Project and will prepare a post- construction Water Quality Sampling and Analysis Plan (SAP). The Acorn Group (Atom} will, provide design and specifications for interpretive signing and WRA Consultants (WRA), will . provide design guidelines and specifications for the grading and planting of the proposed tidal wetlands and freshwater ponds and will provide services necessary for the completion of regulatory agency permitting activities. VA Consulting, Inc Coryorate of-= orange County Division 17801 Cartwright Road Irvine, CA 92614 Phone 949.474.1400 Fox 949.261.8482 Mr. Mark Reader December 4, 2007 Page 2 of 13 Our total estimated fee for the services included in this proposal is $435,159.00, which includes $38,703 for the Orange County Sanitation District (OCSD) portion of the design services that are related to the improving access to their sewer facilities located adjacent to Jamboree Road. Detailed descriptions of the services proposed for the Project are provided in the following sections of this proposal. Section I provides a detailed scope -of- services for the Project and Section II a listing of assumptions and excluded services that are not Included in this proposal. Section III provides a summary of the fees associated with the tasks identified in the scope -of- services. _SECTION I — SCOPE -OF- SERVICES PART 1 — PROJECT PERMIT AND AGENCY APPROVALS A. Resource Agency Permitting WRA initiated resource agency permitting during the Feasibility Study phase of the Project and will complete the permitting process with Federal and State Resource Agencies and the California Coastal Commission. Included in the permitting process will be the preparation of an Essential Fish Habitat Study (EFHS). Mr. Rick Ware of Coastal Resources Management, Inc. on behalf of WRA, will prepare the EFHS. At the conclusion of the Permitting Process, WRA will prepare a California Environmental Quality Act (CEQA) and permit conditions compliance matrix for inclusion into the Project contract documents. B. OCSD Process and Approvals VA will submit construction plans and specifications to obtain approvals from the Orange County Sanitation District. C. NPDES Compliance VA will prepare a Water Quality Management Plan (WQMP) that will identify BMP's to provide for the water quality of on -site runoff to the proposed Big Canyon Improvements. The WQMP will conform to Regional Water Quality Control Board (RWQCB) and City standards. VA will also prepare a Storm Water Pollution Prevention Plan (SWPPP) that will identify water quality BMP's to be implemented during the construction phase of the Project. Both of these documents will demonstrate compliance with current NPDES requirements. This task also provides for assistance to the City while filing and processing the Notice of Intent (NOI) and the subsequent Notice of Termination (NOT) with the RWQCB. PART 2 — PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS A. Civil Engineering Design VA will perform the civil engineering design services for the two specific Project areas as follows: The Orange County Sanitation District Access Road Improvements The City Project Area for the Big Canyon Restoration xNP,aen+nr�mw,ganu�e.pm aedre� amlemaroa�wea =mo,m,w �t xenmo Mr. Mark Header December 4, 2007 Page 3 of 13 VA will perform the following tasks related to the civil engineering and design of the Project facilities and components: Collect and Review Existing Data This task will provide for the collection and review of existing Information, hydrologic and hydraulic analyses, sediment transport analyses included in existing reports and documentation as provided by the City. The collected information will be reviewed and incorporated into the civil design of the Project. 2. Hydraulic Design of Stormwater Conveyances This task provides for design -level hydraulic analyses of the proposed hydraulic features of the Project. These features include the following: • The Jamboree Road culvert extension and energy dissipater structure; • Overflow outlets from the two freshwater ponds; • Ro-slit facility, downstream of the lower freshwater pond; and • Back Bay Drive culverts to the Upper Newport Bay The hydraulic analyses wltl use the WSPG and /or HEC -RAS hydraulic analysis software packages to determine conveyance capacities, hydraulic grade lines, and facility configurations. The results of the hydraulic analyses will be used to develop construction plans and details for the Project. 3. Selection and Design of Proposed BMP's This task provides for the selection and sizing of the proposed BMP s to be located at storm drain inlets to the Big Canyon Restoration Area. VA will coordinate with suppliers of BMP devices and the City in order to assist the City with the selection of BMP's. Once selected, BMP's will be hydraulically sized and details for their installation and/or construction will be depicted on the overall Project improvement plans_ 4. Structural Analyses and Designs This task provides for structural analyses of architectural and reinforced concrete elements of the proposed restoration project. These elements include interpretive signing, gathering area covering, restroom facility enclosures, culvert headwalls, outlet weirs, energy dissipater structures, and BMP connections to stone drain lines. The results of the analyses will be used to determine foundation dimensions, timber sizing and timber connections and the section thicknesses and reinforcement requirements for the various concrete structures. Structural analyses will be prepared in accordance with the latest requirements of the National Design Specification (NDS) for wood construction and the American Concrete Institute Code 318 for reinforced concrete construction. - Mr. Mark Reader December4,2007 Page 4 of 13 5. Back Bay Drive Realignment Improvement Plans This task provides for the preparation of street improvement plans for the realigned portion of Back Bay Drive. The plans will consist of approximately 1,600 linear feet of street improvements shown on 1 "=40' plan and profile sheets. The plans will be prepared on City titleblock and formatted for inclusion in the Project Improvement Plan Set as described below. It is estimated that two plan and profile sheets and two signing and striping sheets will be required for the proposed realignment. 6. Interpretive Area and Street Precise Grading Plans This task provides for the preparation of precise grading and Improvement plans for the Interpretive Area. The plans will be prepared at a scale of 1 " =10' and will provide spot elevations for access roads, parking lots, trails and. walkways. These plans will also depict signing and striping information for vehicular access way and parking areas within the Interpretive Area: A total of four plan sheets will depict the Interpretive Area and will be placed on City titleblock for inclusion in the overall Project Improvement Plan Set as described below. 7. Restoration Area Grading Plans This task provides for the preparation of grading and improvement plans for the Big Canyon Restoration Project between Jamboree Road and the Upper Newport Bay. The grading plans will provide contour grading for the proposed facilities including the freshwater ponds, trails, treatment wetland, service roads and tidal marsh. The restoration area grading plans will be prepared at a scale of 1 "=40' consisting of 5 plan sheets and one grading note sheet. The plans will be prepared on City titleblock and formatted for inclusion in the Project Improvement Plan Set as described below. . S. Drainage improvement Plans and Details This task provides for the preparation of plans, details and sections of the proposed Project drainage facilities. The drainage improvement plans will be based on the hydraulic and structural analyses as described above and will provide construction -level details for the following Project elements: • The Jamboree Road culvert extension and energy dissipater O Overflow outlets from the two freshwater ponds • Flow slit facility downstream of the lower freshwater pond • Back Bay Drive culverts to the Upper Newport Bay The plans will be prepared on City titleblock and formatted for inclusion in the Project Improvement Plan Set as described below. V":@::�e a �iun miepi2e 61�ge. , . Mr. Mark Reader December 4, 2007 Page 5 of 13 9. Erosion Control Plans VA will prepare a set of erosion control plans that will identify the construction BMP's necessary to minimize site erosion and the transport of sediments beyond the Project site. The erosion control plans will be prepared at a scale of 1 °=40' consisting of 5 plan sheets and a BMP detail sheet. The erosion control plans will be prepared on City titleblock and formatted for inclusion in the Project Improvement Plan Set as described below. 10. Project Technical Specifications VA will prepare a set of technical specifications to define material and construction requirements of the work included in the Project Improvement Plan Set. The specifications will be prepared in accordance with City standards and will be formatted for inclusion with the City's bid package. This task also includes the preparation of a bid sheet to list the items of work and their associated quantities. 11. Engineer's Opinion of Probable Construction Costs VA will prepare quantity estimates for the items of work depicted on the Project Improvement Plan Set. The quantity estimates will be itemized along with corresponding units of measurement. VA will then create an opinion of probable construction cost from the quantity estimate by applying unit cost data to the estimated quantities as collected by VA during recent construction activities or as published in current cost data manuals. 12. Process Improvement Plans VA will submit the Improvement plans and technical specifications to the City Public Works Department for review and approval. It is anticipated that two submittals will be required prior to approval of the documents. This task provides for written responses to comments and minor adjustments to the plans and specifications after each submittal. In the event that the City requires significant changes to the plans and(or technical specifications, a separate proposal for these changes will be provided when and if these changes are required. B. Survey and Mapping VA will perform the following tasks: 1. Research VA will research, compile and review all existing survey control and mapping data from the City, County and /or other governing agencies for boundary information adjacent to or relevant to the Project's design. 2. Project Control VA field crews will locate project specific horizontaVvertical control (NAD83 and NAVD88) and transfer it to the project including boundary monument search (f xurxelMpvmpmelN YoPTS�61Uie. pwl8e�tiaVart�aP pppgl��m /fRNL.PEVAaoc Mr. Mark Reader December 4, 2007 Page 6 of 13 existing/recoverable) to use for the subsequent topographic design survey. VA field crews will establish a temporary benchmark on the project site. 3. Topographic Design Survey VA will perform an aerial topographic survey of undeveloped drainage area west of Jamboree Road, east of Back Bay Drive, north of San Joaquin Hills Road and south of Eastbluff Drive in Newport Beach (approximately 75 -acres). VA field crews will perform a topographic design survey to be utilized in preparation of the base map to include ground shots on a twenty five foot (25') grid over the westerly portion (approximately 35 acres) and the area around the outlet structure off Jamboree Road. 4. Topographic Mapping Survey data from Task B.2 & B.3 will be compiled by VA staff to create topographic mapping at a scale of one Inch equals forty feet (1 °=40') with one foot (11 contours for the project area. The topographic base map will depict the existing conditions together with the right -of -way boundary as required. 5. Big Canyon Nature Park Boundary VA staff will show the Big Canyon Nature Park boundary and CDFG boundary on the new project topo map. C. Geotechnical Investigation & Soils Report GSI will perform the geotechnical investigation and prepare a Soils Report for the two specific Project Areas, including: The OCSD access road improvement area, including the Jamboree Road storm drain extension, new head -wall and wing -wall construction and construction of the maintenance road adjacent to Jamboree Road. The City Project area including freshwater ponds, upper spillways, hydraulic structures and underlying drainage culverts, Back Bay Drive Re- alignment, parking areas and the Interpretive Area building pad(s). GSI will perform the following tasks: • Review available published literature, maps and aerial photos of the vicinity. • Meet with Underground Service Alert (USA), K warranted, to search for buried utilities within the public right of way. • Consult with the project environmental firm with respect to suitability of proposed boring and test pit locations, in light of environmental constraints at the site. • Perform site exploration We hollow stem auger rig, backhoe and hand auger in order to evaluate subsurface soil conditions at the site. We propose to perform four (4) hours of backhoe trench work and eight (8) hours of hand auger boring K^h+'a.zannnaaeN,.yo„ a ®ereq c,•,�nsnoro, _rr»w�emaareuwnxwm uwn� x�n.o W Mr. Mark Reader December 4, 2007 Page 7 of 13 within the storm drain extension and maintenance road area. For the other area we propose to conduct ten (10) hours of hollow stem auger drilling, four (4) hours of backhoe trenching and eight (8) hours of hand auger boring. Boring and excavations are anticipated to range from 3 to 50 feet in depth, or practical /economic refusal. • Obtain representative samples of site soil for laboratory testing. Testing may include, but may not be limited to: in -situ moisture density determinations; compaction, permeability, soil expansion; grain size; shear strength;. consolidation; and corrosion. • Perform an evaluation of site seismicity and seismic hazards. • Prepare an appropriately illustrated geotechnical engineering, and engineering geologic report that would include: the logs of the explorations; extent of earth material units; laboratory test results; hydraulic embankment design parameters; earthwork factors; liquefaction potential; and conclusions and recommendations related to project planning, preliminary foundation design and grading guidelines. D. Tidal Wetlands and Freshwater Ponds Design WRA will perform the following tasks: • Prepare the fine grading plans for the tidal wetlands, new freshwater pond and restored wetland. • Prepare planting and irrigation plans and specifications for the tidal wetlands, new freshwater pond and restored wetland. • Prepare bid specifications in a format to be provided by VA. • Prepare a final cost estimate for planting components of the plan. • Attend up to 3 project meetings. E. Riparian and Upland Areas Planting Design LSA will perform the following tasks: • Prepare the planting plans and specifications for the Riparian and Upland Project Areas. • Prepare plan and specifications for the removal and monitoring of fnvasive species removal. • Prepare maintenance, monitoring and reporting requirements for the planted vegetation and for the invasive species removal. • Attend up to 3 project meetings. c oamaiav_mww�m+'+•aane -Mfta waPROV LWM- Mw� 0 FMM. Mr. Mark Reader Decerriber 4, 2007 Page 8 of 13 F. A H. Architectural Services Ron Yeo will provide project.architectural services and perform the following tasks: • Prepare enclosure plans and specifications for 4 portable chemical toilets. • Prepare plans and specif ications for Vista Terrace seating area plan for 100. • Prepare plans and specifications for Vista Terrace seating area shade structure (hand retractable canvas). • Prepare plans and specifications for minor structure for interpretive materials. • Attend up to 6 meetings. Interpretive Sign Design The Acorn Group will perform the following tasks: • Provide digital photographs for 8 panels. • Develop text for interpretive, Regulatory and Orientation Panels for 15 panels. • Prepare final design development and final art production and delivery on disk per vendor specifications. Trail and Overlook Design LSA will provide landscape architect services and prepare plans and specifications for Project Trail and overlook system. • Assist with development of the grading plans to include the trail and overlook system. • Prepare plans, details and specifications for preparation of the trail and overlook system. • Attend up to 3 project meetings. PART 3 — POST - CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP) Weston will develop and submit post - construction Water Quality Sampling and Analysis Plan to the Regional Water Quality Control Board. Included with this task, Weston will prepare for and attend one meeting with the Big Canyon County Club Golf Course. PART 4— PROJECT MANAGEMENT, COORDINATION AND MEETINGS We anticipate project design duration of 6 months starting from the City's Notice to Proceed. Project management time is required to coordinate the transfer of project Information to sub - consultant and City staff, coordinate consultant and sub - consultant activities and to coordinate xw. bozo +P�wmwr�aaow�urFv�,wrce:,c+sp cmrnoeaw. s§a+w�.s�aanonimamo-7ea.nev�.aoo I Mr. Mark Reader December 4, 2007 Page 9 of 13 project status with the Technical Advisory Committee. For the purpose of the proposal we have estimated 40 hours per month for a total of 240 hours for project management We estimate a total of 12 Project meetings during the 6 month period including, 1 kickoff meeting, 6 monthly status meetings, 4 TAC meetings and 1 City council meeting. VA will provide agendas and meeting minutes for each of the meetings. For the purpose of this proposal we have assumed 3 hours of Project Management and 4 hours of support staff for each meeting. PART 5 — ENGINEERING SUPPORT DURING BID PHASE It is anticipated that Project improvements may be constructed in phases over several years. However, at this time it is not clear if one construction contract or separate construction contracts will be awarded to .contractor(s) for the construction of the proposed improvements. Therefore, for the purpose of this proposal-we have assumed there will be one bid phase. Should engineering support services for additional bid phases be required, a change order request or a separate contract will be processed through the City. For purpose of this proposal, we have assumed 16 hours of VA staff time for participation in engineering support activities during the bidding process. VA will provide assistance to the City during the bid process as follows: Attend pre -bid meeting with interested contractors. Respond to .request for clarification, interpretation of plans and interpretation of specifications. Prepare addenda to bid documents as necessary. For purpose of this proposal we have assumed one (1) addenda will be prepared and that city staff will be responsible for distribution of addenda to the bidders. PART 6 — REIMBURSABLE EXPENSES This task provides for the cost of reproduction of plan sets and reports for submittals and the cost of messenger services, delivery services, reproduction services, etc. that will be associated with assisting the City with the preparation of materials for meetings and project reviews. SECTION 11— ASSUMPTIONS AND EXCLUSIONS It has been assumed for the purposes of this proposal that hydrological studies of Big Canyon have been completed during the preparation of the previous Project studies including the Feasibility Study. As such, the flow rates reported in previous Project studies are assumed to be acceptable to the City and other reviewing agencies for purposes of facility design. Furthermore, additional hydrological studies are excluded from this proposal. Lastly, the foregoing tasks and the attached fee estimate do not include the following: D Lot Line Adjustments; D Monumentation of Lot Line Adjustments; D ALTA (American Land Title Association) Surveys; D Parcel Mergers; D Preparation of Record Maps; x,�rzmnaaw�a.�a, &.moo+ zawa�wu.aenaa Mr. Mark Reader December4,2007 Page 10 of 13 ➢ Re- establishment of missing Monumentation; ➢ Record of Surveys; ➢ Re- establishment of missing post- construction Monumentation; ➢ Corner Records; . ➢ Preparation of Legal Documents (Metes & Bounds) for Easement Acquisitions; ➢ Obtaining Title Reports/Deeds/Easement Documents; ➢ Rights -of -way acquisitions; ➢ Obtaining Permission to Enter upon Private Properties; ➢ Interior Property Parcel Boundary Surveys; ➢ Construction Staking; ➢ As -Built Surveys; ➢ Resource Agency Permit Fees; ➢ Engineering Support during Construction; ➢ Construction Management; ➢ Construction Services including: • Geotechnical • Biology • Environment • Survey • Materials Testing • Inspection SECTION 111— SUMMARY OF FEES A detailed breakdown of the proposal fees is Included below. Our services will be provided on a time- and - materials, not -to- exceed basis in accordance with the attached fee schedule (Exblblt "A"). As requested, the fees associated with Improvements to the OCWD facilities have been indicated separately. PART 1 - PROJECT PERMITS AND AGENCY APPROVALS A. Resource Agency Permits (City Project Area ) ............................. .....................$23,582.00 B. OCSD Process and Approvals (OCSD Improvement Area) ......... ......................$7,500.00 C. NPDES Compliance (City Project Area ........ ............................... .....................$15,000.00 Subtotal (Part 1 - City Project Area) ..................... ............................... .....................$38,582.00 Subtotal (Part 1 - OCSD Improvement Area) ........ ............................... ......................$7,500.00 PART 2 - PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS A. Civil Engineering Design i . Collect and Review Existing Data a. City Project Area .............. b. OCSD Improvement Area 2. Hydraulic Design of Stormwater Conveyance a. City Project Area........ �m�.�w.zaw�rwa u+•aoae�eeagcan,mwxovm uw.nmiagcemawa,waum,zwmloxi. ...... $2,500.00 ......$1,000.00 w � Mr: Mark Reader December 4, 2007 Page 11 of 13 B. Survey and Mapping 1. Field Survey and Mapping (City Project Area) .................. ....................$18,600.00 2. Field Survey and Mapping (OCSD Improvement Area) .... ......................$1,000.00 Sub -total (Part 2B - City Project Area) ...... ............................... .....................$18,600.00 Sub -total (Part 2B - OCSD Improvement Area) ........................ ......................$1,000.00 aar 7wa+ +uPSOOnr�ueiamonee+�egc.wmrnorm ,zoeu,�caw. b. OCSD Improvement Area ...... ............................... ......................$2,500.00 i 3. Selection and Design of Proposed BMP's a. City Project Area .................... ............................... ......................$6,000.00 4. Structured Analyses and Design a. City Project Area .......................................... ............................... $6,500.00 i b. OCSD Improvement Area ...... ............................... ......................$2,000.00 5. Back Bay Drive Realignment Improvement Plans a. City Project Area ................... ............................... .....................$12,000.00 6. Interpretive Area and Street Precise Grading Plans a. City Project Area .................... ............................... ....................$21,000.00 7. Restoration Area and OCSD Access Road Grading Plans a. City Project Area ................... ............................... .....................$14,000.00 b. OCSD Improvement Area ...... ............................... ......................$4,000.00 B. Drainage Improvement Plans and Details a. City Project Area .................... ............................... ......................$6,000.00 b. OCSD Improvement Area ...... ............................... ................:.....$3,000.00 9. Erosion Control Plans a. City Project Area .......................................... ............................... $5,500.00 b. OCSD Improvement Area ...... ............................... ......................$2,000.00 10. Project Technical Specifications a. City Project Area .......................................... ............................... $8,500.00 b. OCSD Improvement Area ...... ............................... ......................$3,500.00 11. Engineer's Opinion of Probable Construction Costs a. City Project Area .................... ............................... ...................... $4,000.00 b. OCSD Improvement Area ...... ............................... ......................$1,500.00 12. Process Improvement Plans a. City Project Area .......................................... ............................... $6,500.00 b. OCSD Improvement Area ...... ............................... ......................$3,500.00 Sub -total (Part 2A- City Project Area) ...... ............................... .....................$97,500.00 Sub -total (Part 2A- OCSD Improvement Area) ....................... .....................$23,000.00 B. Survey and Mapping 1. Field Survey and Mapping (City Project Area) .................. ....................$18,600.00 2. Field Survey and Mapping (OCSD Improvement Area) .... ......................$1,000.00 Sub -total (Part 2B - City Project Area) ...... ............................... .....................$18,600.00 Sub -total (Part 2B - OCSD Improvement Area) ........................ ......................$1,000.00 aar 7wa+ +uPSOOnr�ueiamonee+�egc.wmrnorm ,zoeu,�caw. Mr. Mark Reader December 4, 2007 Page 12 of 13 C. Geotechnical Investigation & Soils Report 1. Geotechnical Services (City Project Area) ....................... .....................$14,412.00 2. Geotechnical Services (OCSD Improvement Area) .......... ......................$7,203.00 Sub -total (Part 2C - City Project Area) ..... ............................... .....................$14,412.00 Sub -total (Part 2C - OCSD Improvement Area) ........................ ......................$7,203.00 D. Tidal Wetlands and Freshwater Pond Design Final design, plans and specifications ............................. .....................$34,970.00 2. Attend up to 3 project meetings ......... ............................... ......................$9,678.00 Sub -total (Part 2D - City Project Area) ...... ............................... .....................$44,648.00 E.. Riparian and Upland Area Planting Design 1. Preparation of Planting Plans and Specifications ............. ......................$8,165.00 2. Preparation of Invasive Vegetation Removal Specifications ...................$3,680.00 3. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00 Sub -total (Part 2E - City Project Area) ...... ............................... .....................$18,630.00 F. G. IN Architectural Services 1. Prepare Plans and Specifications ..... ............................... .....................$11,500.00 2. Attend up to 6 project meetings ......... ............................... ......................$6,900.00 Sub-total (Part 2F - City Project Area) ...... ............................... .....................$18,400.00 Interpretive Sign Design 1. Design Interpretive sign panels .91 ITI 2. Attend up to 4 project meetings ......... ............................... ......................$1,380.00 Sub -total (Part 2G - City Project Area) ..... ............................... .....................$41,570.00 Trail and Overlook Design 7. Prepare Plans and Specif ications ..... ............................... .....................$22,425.00 2. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00 Subtotal (Part 2H - City Project Area) ...... ............................... .....................$29,210.00 Sub -total (Part 2A through 2H - City Project Area) ................ ....................$282,970.00 Sub -total (Part 2A through 2H - OCSD Improvement Area) ... .....................$31,203.00 ILM1akaIM4 '�qusYSIP_rOU:WkliWeWvl B 10 POPO111wriyoeFBlpCa ,pvMe9on4m120101(AN& PEV Mr. Mark Reader December 4, 2007 Page 13 of 13 PART 3 - POST - CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP) A. Post Construction Sampling and Monitoring Plan ........................ ......................$6,900.00 B. Meeting with Big Canyon County Club Golf Course ...................... .....................$1,200.00 Sub -total (Part 3 - City Project Area) ......... ............................... ......................$8,100.00 PART 4 - PROJECT MANAGEMENT, COORDINATION AND MEETINGS A. Project Management & Coordination ..$41,520.00 B. Attendance at project, TAC and City Council Meetings ............... .....................$13,284.00 Sub-total (Part 4 - City Project Area) .................... ............................... .....................$54,804.00 PART 5 ENGINEERING SUPPORT DURING BID PHASE Sub -total (Part 5 - City Project Area) ..................... ............................... ......................$3,000.00 PART 6 REIMBURSABLE EXPENSES Subtotal (Part 6 - City Project Area) ..................... ............................... ......................$9,000.00 TOTAL FEES (PART 1 THROUGH 6 - CITY PROJECT AREA) .......... ....................$396,466.00 TOTAL FEES (PART 1 THROUGH 6 - OCSD IMPROVEMENT AREA) .....................$38,703.00 TOTAL ESTIMATED FEE (PART 1 THROUGH PART 6 - CITY PROJECT & OCSD IMPROVEMENT AREAS) .............:............. ............................... ....................$435,159.00 Welook forward to being of service to you on this Project. We have the resources available to perform these services and will initiate work upon the receipt of your "Notice to Proceed'. If you have any questions, please call john Wolter at (951) 340 -0030 or me at (949) 474 -1400. MaR P/Vahid, P.E/ President and CEO MPV/kam /cmj Enclosure: cc: John Wolter Daniel Villines Contracts x' RIP 1�1�1N W oil U.M V MT FEWO. o„$�rr,Q 'ca.nPs City of Newport Beach Big Canyon Creek Restoration Project Phase IV & V Forward Budget Assessment Prepsmd 9y VA Conroleng, Inc. 29 -No"7 V CONSULTING VA W STON ACORN LSA R. YEO GEOSOILS WRA Total Phase Description Cont. Amt Cont. Amt Cent Amt Cont. Amt. Cont. Amt. Cont. Amt. Cont. Amt. Amount I. Feasibility Assessment -Task Completed - It. Water Quality QAPP and SAP -Task Completed- Ill. Preliminary Engineering -Task Completed - IV. Environmental Review & Permits $23,582 $23,582 V. Outreach, Final Engineering & Design Public Meetings - Budget Expended - Final Engineering $97,500 $13,000 $30,590 $11,500 $34,970 $187,560 Meetings, Technical Team (Original Scope) $13,284 $1,380 $14,664 VI. Post Construction Water Quality Monitoring Plan $6,900 $6,900. VIL Project Managementf Co ordinationiMsetings /Reimburaables $50,520 $1200. $13,570 $6,900 $9,678 $81,868 SUBTOTAL (Phase I to VII) $514,674 Vlll. OCSD Maintance Road $31,500 $7,203 $38,703 IX. Additional Consulting Services Survey and Mapping $18,600 $18,600 Geotechnical Investigations and Report $14,412 $14,412 Invasive Vegetation Removal Specifications $3,680 $3,680 Interpretive Sign Graphic Design $27,190 $27,190 NPDES City Compliance $15,000 $15,000 Engineering Support During Bidding $3,000 $3,000 $ SUBTOTAL (Phase Vill & IX) $120,58$ Totals 229,404 $8,100 $41,670 $47,840 $18,400 21615 $63,00 $435,159 ..0:' 1o. Raeoume Apney OWD Appimibn NPDaB OPmanpin." oeme A MPll fmkkwNerDnOn Rlpminn a upl M Daagn Andit Nft MUWPWW emn Da W TcIPOw Dulgn elw auemMtl Olp Ao . Ank Da,md Won eempP;m Plan of anCmelal city Rl Fln GontM CPONNkeon, Meailnpa o.$. m0im1mT PaOM fleet N1p WWT . Manemlme to aM Man Milne Naaaal Hlen Man W40 Fd Or" m.M, Maalm mT Mon Mm$ 146 0M Mbdl 1wzw Mon Mme peekn MM01YIWT PNlneme Ham ~IWWT F"W"* 1168.0 MonlRlme ftw me 11Delea Man lmlme Nersam 100 aM mm me Nersaoe 100eayo Man ayuee Ffl V s 100Mye Man vas F0NS0me Or.M N4h1me FOMilme 5 d Mon Vllme Fe V1M loam Mon M1 Pd m e e x48 FN S NelNml'i Sasya Manememe New= Qv Man TNAM Man 1l/me 10 lay. wnIM=T FO m n d,p Tun TMS F0VlM Big Canyon Creek Restoration Project V,&> Pgoq;em DmenDll?nMP Tpk Proproek - BummPry �. 8lam0 Tak. DeeN ne DMw Tau 11RPM 1 a0D MAOHOap Pmoedeumme@ EMemPIMMtlaM conaurllac pwi EXHIBIT 1r8" VA CONSULTING, INC. FEE SCHEDULE 2007 Staff Classification CIA gnetineering and Planning Services 14ouily Rate President............................................................................................................ ............................... $180 Division President/Division Manager ............................. ....... ............................................... ,........... $173 Sr. Vice President/Vice President/ Exec. Director ............................................ .................._............ $163 Director................................. ............................... ........................................... ........................... :... $1604 - SeniorProject Manager .......................... :............................... : .... :................. . ....................... :.......... *1.55 Project Manager .....:........ ........ ........ at47 AssigtaigProject.Manager ..... ....:: ..................... :............. .. -.... ..:..._....................$342 Senior Project EngineerlSenior Design Supervisarl5enior Pl ahner ........ ............................... ....... 5137 Protect EngineerlDesign: Supervisor ................................................................. ............................... $i32 Inspector.:_ . .......... ...,. ....................................................... ............................... ...... $13oi Senior Resign Engineer/.Senior Designer ................. .. ......................... ......... ...... $122 A- DesiginEn lil leer/ Plahner ....................... :: ....................... : ........ : ............... :...:... : ....... ::............... .:...... $117 Designer... . :........ ........... :................... ........ . .................. :. .................... . ..................... _ $110 . Assistant Engineer /Assistant Planner .......................... ... .... .... .......... ... .... ..... : ............ ........,...... $loo Research and Processing Coordinator...... ......................................... : ..... ..: .....,.e. ..... 5. SeniorCADD Technician........... ............... ............................... ........ .. _..................,...,....$90 Junior Engineer ................. ............................... .......... $86 CRDDTechnician ................................................................................................ ............................... $80 EngineeringIntern .................... ..:. ........................... ............:............................:. ..:............................ $70 CffciSupport(Ci erical ............... :....................... :........... .................. :.......................... ........................ $59 ' Pield8urvea and Marxuina Seruices Directorof. Survey and Mapping....... ....................................._......:.................... ...:......:..........:......... $158 Manager of'Fielri Survey ................ --------- : ........................................... :..................................... .:...... .. ...... $'130 Survey and Mapping Associate.....: ............. ..... . ...........: ..: ........... ....,....:........ ....,..$95 Surv.y'and Mapping Technician ...................... _ ...................... ........................................................ ........ $75' 3 -Man QPS. Crew ....... d ............:.................................................................................. .............................W5 2-Man C=PS Crew ... ................................ ' ................................. ............................... ...........................$200 1-Man GPS Crew ................_.... ................................ ' .. - ........ ............................... ..::....:......:...........$170 Special Services Litigation...................................................................... ............................... _..... _,........:.. :.:.....:................:$400. Notes: 1. Irrvoices will be prepared for all services through theend of each calendar month. Invoices are due and payable on presentation. 2. Overtime, when requested by the went, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service. travel (Including Wging and meals), and other direct expenses will be charged at cost plus 10 %. The services of outside consultants all be changed at cost pins 15 °k to cover ailminisiration and overhead. 4. In -house reprographics charges. B&W Bond copies $1.001sq.tt, Color Bond 36.001sq.ft. 5. Mileage will be billed at standard mileage rates set by IRS. 2007 rates currently listed at $0.485 per mile. zOtnroewq�Aocmarr _monaamcw.me@vrs uVP� wnw� 'r<ammd. G- ocnE FIGURE 2.2 -2 Grading, Draanoc -... ,--md Utilities (Plan BIG CANYON RESTORATION City of Newport Beach BUDGETAMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: XX Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 08BA -032 AMOUNT: Stss,3st.00 PX1Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations due to contributions from the Orange County Sanitation District and the Irvine Ranch Conservancy and to increase expenditure appropriations from Tidelands fund balance for approval of a PSA with VA Consulting to provide design services for the Big Canyon Creek Restoration Project. ACCOUNTING ENTRY: 6 UDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 230 3605 Tidelands Fund - Fund Balance $48,456.00 REVENUE ESTIMATES (3601) C5100709 .Big Canyon Creek Restoration $28.222.00 Fund /Division Accoun t Description Contributions 250 4839 Contributions - OC Sanitation District Contri $28,222.00 250 4839 Contributions - OC Sanitation District Contri $38,703.00 250 4887 Contributions - Irvine Ranch Water District $50,000.00 EXPENDITURE APPROPRIA77ONS (3603) Signed: Signed: Signed: 1- Fi6ricial Approval: Administrati Services Director Administrative Approval: City Manager City Council Approval: City Clerk -clCJ Date 6� at Date Description Division Number 7251 Contributions Account Number C5100709 .Big Canyon Creek Restoration $28.222.00 Division Number 7251 Contributions Account Number C5100709 Big Canyon Creek Restoration $38,703.00 Division Number 7251 Contributions Account Number C5100709 Big Canyon Creek Restoration $50,000.00 Division Number 7231 Tidelands Capital Account Number C5100709 Big Canyon Creek Restoration $48,456.00 Division Number Account Number " Automatic System Entry. Signed: Signed: Signed: 1- Fi6ricial Approval: Administrati Services Director Administrative Approval: City Manager City Council Approval: City Clerk -clCJ Date 6� at Date