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
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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.
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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
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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
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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
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employees. Any notice of cancellation or non_ renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (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.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (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.
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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
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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
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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.
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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
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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
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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.
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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
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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;
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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........
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...... $2,500.00
......$1,000.00
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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
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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.
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'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
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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.
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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