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HomeMy WebLinkAbout12 - Big Canyon Restoration - VA ConsultingCITY OF NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL STAFF REPORT Supplemental Agenda Item No. 12 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3322 or rstein @city.newport - beach.ca.us SUBJECT: Big Canyon Creek Restoration Project - Approval of Amendment No. 1 to Professional Services Agreement with VA Consulting, Inc. Revised Amendment No. 1 to Professional Services Agreement with VA Consulting, Inc., of Irvine, California, for design services at a contract price of $289,925 and authorize the Mayor and City Clerk to execute the Agreement. The attached amendment was reviewed and approved by the City Attorney's Office and replaces the draft amendment included with the City Council staff report for this item. Prepared by: Bob Stei Assistant City Engineer Submitted by: ;pWn G. Badum blic Works Director AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. _.... - FOR "BIG - CANYON CREEK "RESTORATION "PROJECT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is 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 is 17801 Cartwright Road, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On December 11, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering design services for the Big Canyon Creek Restoration project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31. 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth 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. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, shall not exceed TWO HUNDRED EIGHTY -NINE THOUSAND, NINE HUNDRED TWENTY -FIVE Dollars and no /100 ($289,925.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to December 31, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 Sri the date first above written APP OVED AS TO FOR jr City Attorney for the City of Newport Beach ATTEST: Leilani Brown, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: F fusers\ cat\ shared\ ContractTemp latesPublishedonIntranet\F ORMPSAAmendment.doc n 1 CONSULTING December 30, 2008 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, EXHIBIT A This letter is a change order request for additional engineering design services related to the Big Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December 11, 2007). The change order supersedes our previous letter dated December 19, 2008. These additional services include engineering design and plan revisions required for converting the upper sediment basin into a larger freshwater pond as well as the incorporation of a new sediment basin at the Jamboree Road culvert outlet. Also included in this proposal is the preparation of a preliminary engineer's opinion of probable construction costs, services required for selenium monitoring and testing within the Project watershed, and development of the Salt Marsh Bird's Beak Monitoring Plan. During the course of the Project to date, VA Consulting, Inc. (VA) has also provided on -call services that were not included in our original scope of work for the final design of the Project. A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a breakdown of VA's hours and tasks is included as Attachment A. We will provide our services on a time - and - materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit A). SCOPE OF SERVICES Requested Tasks Revised Freshwater Pond and Sediment Basin VA will prepare grading plans to change the location of the sediment basin and freshwater pond. The size of the revised freshwater pond (or ponds) will be large enough to satisfy requirements of the regulatory agencies. VA also understands that the revised freshwater ponds will be maintained with potable water and will incorporate a liner system. VA Consulting, Inc. Corporate Office Orange County Division 17801 Cartwright Road Irvine, CA 92614 Phone 949.474.1400 Fax 949.261.8482 X: \ProjeM\373_0400Wdmin \CO01 BigCanyonCreek _121708RENSED3tdoc Off� rvtne o RaI ees in: unho'A7lrage ,' -1 1 11 Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 30, 2008 Page 2 of 7 VA will also investigate the use of reclaimed water rather than potable water to maintain the freshwater ponds. Therefore, this task includes the design of the necessary water supply line and the design of the pond liner system. VA will design a new sediment basin at the Jamboree culvert outlet and will perform the hydraulic calculations required to design the sediment basin spillway and energy dissipater features. The design will incorporate a subterranean wetland as requested by the Regional Water Quality Control Board (RWQCB). VA will also investigate capturing creek low -flows and groundwater at the Jamboree Road outlet to Big Canyon as a means of selenium management. Captured flow would be piped to the bay such that selenium concentrations would be diluted with bay waters. These revisions will require changes to 13 existing plan sheets and the addition of four new sheets to the Project Plans. This task also includes the preparation of two conceptual designs as requested by the City on June 3 and November 14, 2008. A third conceptual design will be developed upon clarification of Project habitat, goals, which will be defined by the regulatory agencies at the forthcoming meeting. The total VA fee for this task is $43,008 and will be billed on a time - and - materials basis. WRA will participate in the placement and configuration of the upper freshwater pond and the new sediment basin. WRA will prepare documents summarizing impacts to existing habitat in Big Canyon as a result of the proposed expansion of the freshwater marsh to be distributed to resource agency personnel after review by the City of Newport Beach. WRA will also review the existing environmental documentation and permits, and perform any revisions that are necessary to reflect the new freshwater pond and sediment basin configurations. WRA will prepare landscape architectural drawings and specifications for the wetland portions of the revised plans and will participate in telephone conferences to coordinate these changes up to the limits of their budgetary allocation. A breakdown of WRA hours and tasks is included as Attachment B of this letter. The total WRA fee for this task is $42,856and will be billed on a time - and- materials basis. The Department of Fish and Game has requested more detailed mapping of vegetation within Big Canyon. LSA will provide vegetation mapping using the Orange County Habitat Classification System. A breakdown of LSA tasks, budgets, and fee schedule are included as Attachment C to this letter. The total LSA fee for this task is $4,600 and will be billed on a time - and - materials basis. LSA will revise restoration planting areas to address the changes to habitats due to the new configuration of the upper freshwater pond and sediment basin. LSA will revise the Invasive Species Removal Zones and Phasing to reflect the changes in grading impacts and will revise the Restoration Plan Specifications to reflect the changes in habitat types and plant and seed mixes as required. LSA will revise the Invasive Species Removal Specifications to reflect the changes to the invasive species zones and phasing, and will participate in coordination meetings required for these changes up to the limits of their budgetary allocation. A breakdown of LSA tasks, budgets, and fee schedule are included as Attachment D to this letter. The total LSA fee for this task is $4,900 and will be billed on a time - and - materials basis. X:\Proieds \373_04o0\Admin\CD01 6igCany .Creek_121708REVISED3I.doe �Qf}Sces fn :�f rrne Ccu•ana � PaCm Deser t Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 30, 2008 Page 3 of 7 Geosoils will provide an additional subsurface investigation at the site of the new sediment basin and provide addendum documentation addressing the revised freshwater pond and new sediment basin. GSI has indicated that the Feasibility Study plan for the access road and culvert extension required only minor grade changes in the area, without significant alterations to existing grades. Thus, shallow hand -auger explorations were performed in this area consistent with the nature of the proposed improvements. The presently proposed sediment basin in this area, however, will require excavations and fills that alter existing grades by approximately 10 to 15 feet. Therefore, the deeper exploration methods as proposed in this request are needed to determine the slope stability of in -situ materials, potential settlement of fills, possible remediation of fill foundations, and quantity of spoilage material that may require off -site disposal. A breakdown of Geosoils hours and tasks is included as Attachment E of this letter. The total Geosoils fee for this task is $7,504 and will be billed on a time - and - materials basis. Please be advised that the final Project configuration has not been defined through input from the regulatory agencies. This forthcoming input may alter the Project configuration to an extent that the fee for this task may need to be increased. If a fee increase is warranted, VA will notify the City of the causal Project configuration changes and will also provide the incremental increase in cost for this task. 2. Preliminary Operation and Maintenance Plan Based on past permit processing activities, VA understands that the regulatory agencies have requested the inclusion of an operation and maintenance plan with their respective permit applications. VA will determine the periodic operation and maintenance activities for all Project components. The results of this determination will be summarized in a preliminary Operations and Maintenance Plan for use in obtaining the required regulatory permits for the Project. The total VA fee for this task is $5,976 and will be billed on a time - and - materials basis. 3. Preliminary Opinion of Probable Construction Costs VA will prepare a preliminary quantity estimate for the items of work depicted on the Project Improvement Plans including the relocated freshwater pond and new sediment basin. The quantity estimates will be itemized along with corresponding units of measurement. VA will then create an opinion of probable construction costs from the quantity estimate by applying VA's in -house unit cost data or as published in the current cost date manuals. The total VA fee for this task is $6,511 and will be billed on a time - and - materials basis. The Acorn group will provide preliminary quantities and costs for the interpretive and regulatory signage panels. The total Acorn Group fee for this task is $100 and will be billed on a time - and - materials basis. WRA will provide preliminary quantities and costs for the tidal and freshwater wetland plantings. The total WRA fee for this task is $1,000 and will be billed on a time - and - materials basis. X:TrojeVs1373_0400NC6iMC001 BigCanyon0T eV.12170BREViSED31.doc Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 30, 2008 Page 4 of 7 LSA will provide quantities and costs for the riparian and upland plantings, as well as for the proposed invasive species removals. The total LSA fee for this task is $1,000 and will be billed on a time - and - materials basis. Please be advised that the final Project configuration has not been defined through input from the regulatory agencies. This forthcoming input may alter the Project configuration to an extent that the fee for this task may need to be increased. If a fee increase is warranted, VA will notify the City of the causal Project configuration changes and will also provide the, incremental increase in fee for this task. 4. Selenium Monitoring CH2MHill has conducted water column, sediment, and biological sampling for analysis for the presence of selenium. Biological sampling included the collection of algae, macro- invertebrates, bird eggs, fish, and other specimen. CH2MHill produced a report of their findings which has been submitted to the City for review. At the direction of the City, the fees for these services have been invoiced against tasks and budgets established in VA's initial Project authorization. The total CH2MHill fee for this task is $73,111 and will be billed on a time - and - materials basis. 5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan WRA has prepared and submitted to the California Department of Fish and Game (CDFG) a technical report with an in -depth analysis of the Salt Marsh Bird's Beak population in the vicinity of the restoration project. The report identifies the magnitude and extent of potential impacts that could result from the implementation of the Project. The total WRA fee for this task is $1,944 and will be billed on a time- and - materials basis. At the request of CDFG a monitoring plan will be developed to incorporate avoidance and monitoring measures for the Salt Marsh Bird's Beak Plant. WRA will develop a soil salinity monitoring program, a hydrology monitoring program, a Bird's Beak seed collection plan, and performance criteria to determine the success of impact avoidance to the Bird's Beak population during the monitoring period. Due to the fact that the monitoring plan is not yet developed, the implementation cost is not yet known. Therefore implementation of the monitoring plan is not included in this cost. The total WRA fee for this task is $5,161 and will be billed on a time- and - materials basis. It is understood that changes to the plans will be required by CDFG upon conclusion of their review of the WRA report. It is also understood that CDFG has requested the preparation of a surface water hydrology study to demonstrate that the project will not significantly alter surface drainage patterns to the habitat located on the southerly side of the project, downstream of the existing Back Bay Drive. Therefore this task provides for changes to four plan sheets that presently depict Project areas in the vicinity of the existing Salt Marsh Bird's Beak population and the additional hydrology study. The total VA fee for this task is $15,013 and will be billed on a time- and - materials basis. X\Projec1s\373 040MAdrrm1 0001_ B1gCanyonCreek _121708REVISED3f.doc cesaq-;7rvtrie ,Corona PatinQeset# , Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 30, 2008 Page 5 of 7 6. Revisions to Feasibility Study Design The original scope of services for the Project was to provide Final Engineering based on the Project as depicted in the Feasibility Study. VA proceeded to design the project based on the Feasibility Study as specified. This resulted in a base grading plan and supporting hydraulic analyses that were presented to the City on February 15, 2008. While proceeding with design activities, revisions were required that significantly altered the configuration of the saltwater and freshwater components of the facility and overall hydraulic performance of the facility as originally defined in the Feasibility Study. These revisions were made to address comments issued by CDFG, the Regional Water Quality Control Board, and the City of Newport Beach. The total VA fee for this task is $19,042 and will be billed on a time - and - materials basis. 7. Easement Mapping and Legal Description VA Consulting will provide mapping of all the existing easements within Big Canyon as described in the Preliminary Title Report Order Numbers 153425 and 153425a by Stewart Title dated October 22, 2008 and October 23, 2008 respectively, provided by the City. VA Consulting will also prepare (1) legal description and plat for the sewer line and sewer maintenance road along the easterly property line at Jamboree Road within APN 440- 092 -079. The total VA fee for this task is $4,960 and will be billed on a time - and - materials basis. 8. Mitigated Negative Declaration As a result of continuing final design activities, further definition of environmental conditions, and impacts associated with the Project have been defined. As such, changes in the Project configuration and functions are forthcoming. In response to these changes, the Existing Project CEQA document, i.e. the Mitigated Negative Declaration, will require changes of such an extent that a new CEQA document is anticipated. This task includes the preparation of a Mitigated Negative Declaration for the revised Project. A breakdown of WRA hours and tasks is included as Attachment F of this letter. The total WRA fee for this task is $11,564 and will be billed on a time - and - materials basis. 9. Subconsultant Management, Coordination, and Work Review This task provides for subconsultant management, coordination, and review of subconsultant work - product as the Project progresses. The total VA fee for this task is $5,689 and will be billed on a time - and - materials basis. 10. Project Management, Meetings, and Coordination Project management, meetings, and coordination activities to -date have depleted our original budget authorization for these activities. This task provides for an additional 120 man -hours of project management activities related to the oversight and management of the various Project subconsultants and coordinating the transfer of information between subconsultants, VA and the City. X: Wrgeds\373_ 060014dnin\ CO01_ BigCanyonCreek __121708REVISED3f.doc Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 30, 2008 Page a of 7 This task also provides for an additional 120 man -hours for the purpose of preparing for and attending meetings as requested by the City. The total VA fee for this task is $35,986 and will be billed on a time- and - materials basis. II. FEES Requested Tasks 1. Revised Freshwater Pond & Sediment Basin ...................... .......................$102,868 2. Preliminary Operation and Maintenance Plan .............. ..............................$ 5,976 3. Preliminary Opinion of Probable Cost .......................... ..............................$ 8,611 4. Selenium Monitoring ..$ 73,111 5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan ...................$ 22,118 6. Revisions to Feasibility Study Design ........................... ..............................$ 19,042 7. Easement Mapping and Legal Description ................... ..............................$ 4,960 8. Mitigated Negative Declaration .................................... ..............................$ 11,564 9. Subconsultant Management, Coordination, and Work Review ...................$ 5,689 10. Project Management, Meetings, and Coordination ...... ............................... 1 35,986 TOTALFEES ............................................... ............................... .......................$289,925 If you have any questions or require additional information, please feel free to contact Dan Villines or me at (949) 474 -1400 or John Wolter at (951) 340 -0030. Sincerely, Aa C < �M P: Vahid, P.E. President and CEO MPV /kam Enclosure — Exhibit A / Attachments A through F cc: Dan Villines John Wolter Contracts X.\Proie0s1373_O400VWmiMCO01 BigCanyonCweek 121708REVISE03f.doc EXHIBIT A VA CONSULTING, INC. FEE SCHEDULE 411111111116- Staff Classification Civil Engineering and Planning Services Hourly Rate President.................................................................................... ............................... $190 Division President/Division Manager ..................... ............................... ...........................$173 Sr. Vice President/Vice President/ Exec. Director .. ............................... ...........................$163 Director............................................................................................ ............................... $160 SeniorProject Manager ......................................... ............................... ...........................$155 ProjectManager .................................................... ............................... ...........................$147 AssistantProject Manager .................................... ............................... ...........................$142 Senior Project Engineer /Senior Design Supervisor /Senior Planner ...... ...........................$137 Project Engineer /Design Supervisor ...................... ............................... ...........................$132 Senior Design Engineer /Senior Designer .............. ............................... ...........................$122 Design Engineer /Planner ...................... ............................. ............................... ..............$117 Designer.......................................................................................... ............................... $110 Assistant Engineer /Assistant Planner .................... ............................... ...........................$100 Research and Processing Coordinator... _ . .... ............... .......................... ....................... $95 SeniorCADD Technician ...................................................................... ............................$90 JuniorEngineer .................................................................................. ............................... $85 CADDTechnician .................................................................................. ............................$80 EngineeringIntern ................................................................................. ............................$70 OfficeSupport /Clerical .......................................................................... ............................$69 Field Survey and Mapping Services Director of Survey and Mapping ....................................... ............................... Manager of Field Survey ....................... Survey and Mapping Associate ............ Survey and Mapping Technician .......... 3 -Man GPS Crew ... ............................... 2-Man GPS Crew, ................................. 1 -Man GPS Crew ............................ Special Services Litigation ................. ................ $158 ................................... I......... $130 ................ ............................... $95 ................ ............................... $75 .............. ............................... $235 .............. ............................... $205 .............. ............................... $175 ......................................... ............................... $450 Notes: 1. Invoices will be prepared for all services through the end of each calendar month. 1 2. Overtime, when requested by the client, will be surcharged at a rate of 1350/ of the standard houry rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus 10 %. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. 4. In -house reprographics charges: B &W Bond copies $1.00/sq.ft, Color Bond $6.00 /sq.ft. 5. Mileage will be billed at standard mileage rates set by IRS. 2008 rates currently listed at $0.585 per mile. %V'mi�+A�T3_B<WVgm'uNC00! Bip[AnyonC,cer_t2»rBgEViSEWi.000 G -OCHE AiACHMENTA Cily of NewpoM Beach Bly Canyon Creek Restoration Pmpacl ESTIMATED FEES A EXPENSES (2 or 2) _ _O _Sgb_nlom MOnXOrMQ IfVgbd Mmngrglbn — See> eSnnrtiCM'nnM PeTI ] 6s' arreM 6 irseue ___ - .,In .1 FY1 E S II M nh SI_tl'a Bask Te[M1nlcnl Repent and MonNOn_rg Pli_n_ - _ rirlYxuiHµrrr t A4vv y _ _ _ _ t!ss _ _ irsu VAC .... thn9__ 3 W MAY Sluuy � _ 6]hrvrllW. a 51 Iinuw hoNryl Pevrx [rtlm, uri - sfy aaL MrrSF Penw w >4nl,w♦Fni _ M PV ?xya,ee geuduwn . _ .. __ .1 _ _ _ , r ir.e, •. _ N _ to - _ . _ _ _ _ S,are _u _m' .. "MC`TT .2uT apps.: SulnaMl Sepio,i N.9MMSro P••a®XIIY SIU•y Oes19_ _. _ ''f p p G9$.k. -raT .. ' :.. "K � 4.., °,• -.. 'F": 9.' -. 'Y xx '` -sisav iv '.' S>1os _ "'i3e 'da _. _ _ 1 siW YFlWWMrMNenary PCnp,arnr,..y 0.o NPLNO1jeu PMINCirCNYM VYn InpprMre Nea OreJry '•..3. o w _;al. Y�:S •19M W ___ ' _ "a _1' fooe NLG �� � D__ N _ _ __ o ro i +:i -.: -. - a.-<I - _ - swww__s.clio_nT O Eaymml Meppllrp mp LpYOJwlpllon YA CmsuNlnp 1Map t Ie.9e. . UmnrpW Eocaoo, smrrnras WM,in C , - Uwn Fn "kM lu4 erG lweeS: FlUa1 _ __ _ _ In 9J I y�yp M V �' Hl- 1140 ie.� N Ni�peud Nrytliv Oe[IarNbo WRA e ]_FmM_C__EOA nmm mo •mew crrmm..M lM;awwe, _ � pmrmenl — - -- RLR - 19. -- _ R- ICedW,Wlbn eM �__ a p n g _ F, V-ia& _ f3J111 $1.. Alk ' :suhblN 36_ca.n H 1 S be YMIM_Ne a�lTl11R �dl.Qfilhn.. ana Wnrk Ruv W_aRiWrM _ ... IMM,mMegN - r StYI p - 1!aVl - — J P!•i??� M;_� moot N6NInp, eM Caar6lwtlon S,aNr IeMMFm9errvnl 2 _ Mer eeYgt _ _ -____. __ _ _ N e6 4' • , teW uxwl LI N Ni U� S 3_581 SJS� r �- _11p _ 11 h k _ r S96 SO TOTAL HOUNS p 392 91 0 0 p 0 0 6Po 0 116 0 0 1099 _ TOTAL FEES TOTAL SAir _ f1v11WS WAIT --ee. -rl - 1,^41M3+)ti .. hry'..6llV 10 ID 6Ve N]594 .6169 "rnKl6p. N %0 Sp '.1j166 30 se6q F Sp vSl fdbKtT..3313A S9 60 -.. $)]189 J'° 611} 60 SfIXI S)O NII c,YJp SO "At9'' 50 %ROi 61J6,Itl ...: w ap - _IDJ9 SA8r8Pb ATTACHMENT City al Nowporl Beach Big Canyon Creek Restoration Wgect ESTIMATED FEES 8 EXPENSES 1 .1 21 Lealu OmrJPllon __ AR JF nr V 1 nG SeE menl BaJrl roN P': OPp6 VP '.a;. Iy R' ?: IrV6. EPE PE 'Sa[ aP _appp: '. {Ibrq IYC lrynnrer Srbtulwluinr iWl M1rs M1rs M _ _VR..' me M ,rM M 6 w, V4C II g- � - _ Oa .14umry ry r ! olia."BPmEO.d�_ 5R6mMMBwn Gr erlmy P . r __.. __ _ _ m 65n ^_ 4�Y6 to W au_ .I' {ymJ Erulerl.r..n wmwM Dp6yam op., "' I 4 fir re W r. udn r _ } _ ($ass, A�ebel Rpu Grt 'WCI __ OWaWJS�Re..6CR .......— _ _ .. ... We.am G_m_ sn6eemvsv, N salty 6adrq rLn (� P }reer RGe. R_w4e rbrye Plan _ I a _ _ ID }" W6O Foss b l W W Y) _ M W _ _ [ WN fP Ya _ � MS[SmaM Oaan Seullun a __ _ e _ IJSIee1RG10. MJ Sy:mere gynr SpdRaY RpIM 6 a Res _ _.. _ - SrieeM My SuW W A`+IPMUrY SbI_mm ' __ _ _ _ .. _ .. .. _ fW � _ _ as as _ _ _ _ _ Wy -Wy _____ 95nre RG ou we 5. Nm er x _ ._ _..... _ __ _. _ .. _ _ � _. Ma S Rwlse ra 0 k Pie Erb .un Emts,e ] Oy _ _ _ _ MIS} HW.rbleafW_MmwN W_enn9 ._.. —a �.. _... _ _ se _ IeW _..._� -- Poin SMN HP4 HevIW R961Narkn Peen,, 6pe W -'liel r _I RI S'IWI RPI�Rp.lse 6p pialbnPWib9 PYn es. $M1eH PW N_�MtrwN.ori PWJne PYn - Pannone Pow, 1 Wre W asis w.o 8 a,,,, ura Plefl • 6 —. __... Welty Sagpy61nR O6wb r _ YTb la rona Lm.r n.wa F1N W _... xam . -. - WlA ArYtl uWrm RRVVJFrWwRe Pd9C ... gnre bn - .. _ zlwwa W Woa _. _. saw. r —. ..__ -__ LMr __ _— VPdei.WeWM pyrYmg P,me - .__. .._. - .. _ —__ _ _ __. _. _ _ se _ v. - - yae awrwrypaw Co.— e�:e� smd-.o _ r ve,,Pnnn elm._.. M6lryRr Rnnrgpv�Egep6n. pnAgnrgn PlemiipMSae - � __ _ __ _f_I __ __ _ sIOJ _3VRflplel'an ]llwelR __ a 5 ll�le Vlreon,oP, m61wnwalS eanp pRYYy tlpww Pepwryyn Wre sprcprrumne gib} - yIMIF[ueln. ] eq6 aMC.wrunrrwi f® __ Sp+mISnIMSReNrouyMp_EyNneen 6M] Geafolh I FeaEa on, • —.. aedewR aaurq— _ _ _ „'• ` _.- ei _. J o., a o.— �.. sl. o. . s,awe Ssseeg — e _ _ -areas seer -I r n Pl.n — U J —_- al or Im, so 6 }1TfYDhe'18 V t II g I 9uhbW SvctlpnB eflmlw�opininnmwohahb 13... _ a o 'p' ': T i -JO 0 Y a a61 1 —r— _ 'a5 a% .0 U CP 55916 JO _._ IComany a R slat: a cwaearebd Mm6_wwL v files - I Cm E6fimae I Cw Faunae —ESP. sr 4ie 16ipe E_a_nlu_a __ _ ATTACHMENT B WRA Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR DESIGN AND PERMITTING Note: Total includes tasks 1, 3, and :5 .02; prip u imironmental e with Revised Freshwater Pond Configuration 3 601 83 63 $8,940 urnmary 12 25 0 37 $3,401 Documents and Permit Applications 601 8 110 68 $6,592 41 Update Wetland Planting Plans 2 56 122 19 132 331 $20.678 5 Meetings and Coordination 5 5 10 55 201 $2,865 6 Cost Estimate I 1 10 1 $1,000 7 Salt Marsh Bird's Beak Techincal Memo 6 5 so $1,944 8 Salt marsh Bird's Beak Monitoring Plan 45 8 53 $5.122 TOTAL HOURSJ 14 87 56 137 127 60 461 TOTAL FEES $3,3 $�9,179 $6,496 $13,704 $12,446 $5,357 $ $50,961 R h = MUM 0SW M��W M" g, " R Note: Total includes tasks 1, 3, and :5 ATTACHMENT C LSA Associates, Inc. Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR VEGETATION MAPPING .Tasks "' i 11) . ..... t 11 escrip von, � 71GIS, �,ExpensiiO rs Al M 1 Vegetation Mapping 10 10 221 42 $4,500 2 Reimbursables $100 1 - TOTAL HOURS 10 10 22 421 TOTAL FEES $1,500 $1,130 $1,870 $100 $4,600 f 6,�-( - S150 If Mzsl i 77 s - Note: Total includes a portion of task 1 ATTACHMENT D LSA Associates, Inc. Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR UPDATING PLANS AND SPECIFICATIONS T- ski p Description ` 4 `t' �i" k p AB, Expenses Total ° hrs hr5. +ilK hf6 d t {. Fees 1 Restoration Planting Areas 8 _ 8 $e60 2 Invasive Species Removal Zones and Phasing e 8 $sso 3 Restoration Plan Specifications 4 4 8 $1,080 4 Invasive Species Removal Specifications 8 e $960 5 Meetings and Coordination 4 2 e, $840 6 Reimbursables $100 7 Cost Estimate 8 8 $1,000 TOTAL HOURS 8 38 46 TOTAL FEES $1,200 $4,600 $100 $5,900 $150' . ,.._$120xs`"eati^? - ` •`.:,hu,�= ;w''sr:.1�.�;:;;« Notr: Total includes a portion from task 1 and all of task 3 Y� \PmlrvNe \7)0 (NIITFm \Tar�M1nr¢1Pennrl¢1!`nel C¢Nmele.lemnlsin \'Jf0l1R W¢ 1'J!'l1 /f1111P i r A- f-T.Ac"M6Aq E ITEM RATE .. HR_or UNIT .; COST. EXTENSION FIELD EXPLORATION Field Geologist/Engineer $100.00 6.0 $600.00 Bucket -Auger Drill Rig $225.00 6,0 $1,350.00 Mileage $35.00 $1,9B5.00 LABORATORY TESTING Maximum Dry Density $150.00 1 $150.OD Moisture! Dry Density $20.00 6 $120.00 Sieve Analysis $150.00 2 $300.00 Expansion Index $135.00 2 $270.00 Atterberg Limits $112.50 2 $225.00 R -Value Test $232.50 1 $232.50 Direct Shear $150.00 1 $150.00 General Corrosivity Test (Resistivity, pH, Soluble Salt) $150.00 1 $150.00 $1,597.50 ANALYSIS AND REPORT PREPARATION /MISC. Principal Geologist/Engineer $160.00 4.0 $640.00 Staff Geologist/Engineer $100.00 14.0 $1,400.00 Technical Illustrator $69.00 4.0 $276.00 Technical Typist $65.00 3.0 $195.00 Reproduction /Office Services /Misc. Exp. $300.00 $2,811.00 PREVIOUS MEETINGS ATTENDED BY PROJECT MANAGERS Project Engineer /Geologist $130.00 7 $910.00 Staff Engineer /Geologist $100.00 2 $200.00 $ 1, 110.00 3• TOTAL'!;" $7,,503 $0 VA Consulting, Inc. Big Canyon Creek Restoration - Newport Beach Re: d: \wp10 \oc \5500\5595a1.cor W.O. 5595 -Ai -OC May 27, 2008 Page 2 /j T7/1UJA e1V T P JOB NO: 13075 -2 PROJECT: Big Canyon Restoration Plan Task Description 1. Revision of Initial Study 2. Public and Agency Comment Responses 3. Final CEOA Documentation 4. Project Coordination and Meetings Total Hours Total Expense Total Labor WRA RATE SCHEDULE Effective January 2009 M. Josselyn Senior Technician GIS Technician Time Assignment in Hours San GIS MJ Tech Tech 3 30 3 25 1 15 20 7 90 $240 per hour $98 $89 Expenses Labor Total 4 $110 $4,016 $4,126 $22 $3,170 $3,192 4 $110 $2,066 $2,176 $110 $1,960 $2,070 8 $352 $11,212 EXPENSES Task Copy . Post( Total Plus 10% Costs Tale 1. Revision of Initial Study 1DD $100 $110 2. Public and Agency Comment Responses 20 $20 22 3. Final CEQA Documentation 100 $100 110 4. Project Coordination and Meetings 100 $100 110 Total 220 100 $320 $352 Staff M.Josselyn Senior Technician GIS Technician Rate Amount $240 $1,680 $98 $8,820 $89 $712 $352 ATTACHMENT G The Acorn Group Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR COST ESTIMATE N \Ornbn��1'11i 11lM\F V�\TaM(Inn< \Fenn�a \MeI F<Ilmaln.InmNn�nlf90f1F nh 11131 /iooe CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein rstein(cilcity. newport- beach. ca. us 949 - 644 -3311 SUBJECT: BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. RECOMMENDATIONS: 1. Approve Amendment No. 1 to Professional Services Agreement with VA Consulting, Inc., of Irvine, California, for design services at a contract price of $289,925 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment recognizing contributions in the amount of $60,000 from County of Orange Coastal Impact Assistance Program (CIAP), $60,000 from The Irvine Company, and $169,925 from the Irvine Ranch Conservancy and appropriating $289,925 to Account No. 7251- C5100709 for Big Canyon Creek Restoration Project. DISCUSSION: On December 11, 2007, City Council approved a professional services agreement with VA Consulting, Inc. for $435,159 to prepare the final construction drawings and obtain permits from regulatory agencies. By March 2008, VA Consulting had submitted 65% complete drawings to the City for review. In April 2008, detailed results of water quality testing in Big Canyon Creek were released showing elevated concentrations of selenium in the creek sediments and water column. In July 2008, the RWQCB was adamant that follow -up testing should be performed by CH2MHill. As the County of Orange agreed to fund most of the costs for testing, the City directed VA consulting to hire CH2MHill to perform follow -up testing. (This monitoring program was completed in July and invoiced against the City's design agreement with VA Consulting. This extra work is included as a new task in the VA amendment attached to this report.) The follow -up testing confirmed the high selenium concentrations, not only in sediments and water column, but in tissue samples of invertebrates, amphibians and fish. Given this information and the need for RWQCB input on how to address the high selenium concentrations, the City suspended work on Big Canyon Creek Restoration — Approval of Amendment 1 to Professional Services Agreement with VA Consulting, Inc. January 13, 2009 Page 2 the construction documents while meetings were held with the Regional Water Quality Control Board (RWQCB) and selenium experts to discuss options. On November 18, 2008, a meeting was held among City, RWQCB, California Department of Fish and Game (CDFG), Coastal Commission and Coastal Conservancy to discuss how to move the project forward in a manner that would address the selenium concern as well as another environmental issue involving a plant called the Salt Marsh Bird's Beak. The agreement is outlined below. 1. The new restoration design will include a treatment system at the outlet of the Jamboree Road culvert to reduce the levels of selenium and other toxic constituents such as pesticides. As the selenium treatment process will be a pilot project, the amount of selenium that will be removed is not known. (Note that staff is discussing an option with the resource agencies to capture all stream and groundwater flows and piping these flows directly to the Bay.) It is not expected that the pilot project alone will be sufficient to remove selenium to safe levels. It is expected that the City will be involved in a long -term program to reduce selenium loads to the Big Canyon Restoration project area by gradually reducing over - irrigation that occurs in the upstream watershed, reviewing means to eliminate selenium from entering the water runoff and /or constructing a treatment system. 2. Given that selenium levels will likely still exceed water quality standards even with the pilot selenium removal installation, the RWQCB is not allowing creek water to be used as the source of water for a future freshwater pond as originally planned. After many discussions, the resources agencies have agreed with a proposal to create a freshwater "pool" that would be filled with potable water. (City staff is still exploring the option of using reclaimed water.) Once the pool is filled, additional water would only be needed to make up for evaporation or other minor losses. This pool would be lined to prevent selenium contaminated groundwater from exfiltrating into the pool. In order to protect the lining from being eroded during storm events, the pool will be located out of the flood zone. 3. The parties agreed that a new reconfigured design could move forward in parallel with a: • selenium source tracking and monitoring program and • long -term selenium mitigation program. The selenium source tracking and monitoring program has been initially estimated to cost $200,000. Staff will do further research on this and then prepare a report for City Council consideration. One of the long -term selenium programs would entail encouraging residents to reduce overwatering. Such a program could last ten years or more with annual costs of $50,000. Neither of these tasks is a part of this contract amendment. Big Canyon Creek Restoration —Approval of Amendment Ito Professional Services Agreement with VA Consulting, Inc_ January 13, 2009 Page 3 4. CDFG raised the issue of the impacts on the existing Salt Marsh Birds Beak due to the proposed dredging for the new tidal marsh and re- alignment of Back Bay Drive. CDFG was concerned that the current fresh water and salt water mix, which supports Salt Marsh Birds Beak habitat, would be changed due to the proposed alignment of Back Bay Drive and the relocation of culvert outlets further inland. VA's environmental consultant, WRA prepared a technical report with an in -depth analysis of the Salt Marsh Birds Beak population in the vicinity of the Restoration Project. CDFG replied to the WRA technical report and requested further documentation to demonstrate that the project will not significantly alter surface drainage patterns to the habitat located on the southerly side of the project in the vicinity of the existing Salt Marsh Birds Beak habitat. CDFG has also requested that a pre- and post - project monitoring plan be developed to measure fresh water and salinity effects associated with the project. The tasks needed to resolve these issues and develop the monitoring plan are presented in VA Consulting's proposal for additional services. It is anticipated that the completion of these tasks will negate the need for a California Endangered Species Act permit as has been requested by CDFG. The Big Canyon Creek Restoration Project also involves preparing a reimbursement agreement with OCSD for design service cost for a OCSD maintenance road. In order to complete the reimbursement agreement, an easement for this maintenance road needs to be completed as well resolving questions of existing easements within Big Canyon needs to be resolved. The fee for VA's services for this task is $5,000 which will be included in the reimbursement agreement with OCSD. To date, VA Consulting has spent about $415,000 of its contract which includes preparation of the 65% construction drawings, performing selenium monitoring tasks (new task) and assisting City staff in working with the jurisdictional agencies to review new design options to deal with the selenium issue. Under this contract amendment, VA would modify the design concept, conduct supplemental biological and geotechnical surveys, ensure protection of the Salt Marsh Bird's Beak, design a selenium removal basin, revise the construction drawings to relocate a freshwater pond out of the flood zone, and prepare a new CEQA Mitigated Negative Declaration. Funding Availability: The County of Orange will contribute $60,000 in CIAP funds to for the selenium water quality sampling and analysis. The Irvine Company will contribute $60,000 for the preparation of the final construction documents. The Irvine Ranch Conservancy will contribute $169,925 for the preparation of the final construction documents. Account Description Orange County CLAP Irvine Company Contribution Irvine Ranch Conservancy Contribution Account Number Amount 7251- C5100709 $ 60,000 7251- C5100709 60,000 7251- C5100709 16 9, 925 Total: $289,925 Big Canyon Creek Restoration — Approval of Professional Services Agreement with VA Consulting, Inc. January 53, 2009 Page 4 Funding for the construction of the project is anticipated from the Wildlife Conservation Board ($2.5 million Proposition 50 Grant Funding Request) and The Irvine Company ($2.2 million). Prepared by: Robert Ste fn Assistant City Engineer Submitted ,,.Stephen G. Badum Public Works Director Attachment: PSA with VA Consulting, Inc. Scope of Services prepared by VA Consulting Inc Big Canyon Creek Restoration Exhibit AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR BIG CANYON CREEK RESTORATION PROJECT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is 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 is 17801 Cartwright Road, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On December 11, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering design services for the Big Canyon Creek Restoration project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth 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. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, shall not exceed TWO HUNDRED EIGHTY -NINE THOUSAND, NINE HUNDRED TWENTY -FIVE Dollars and no /100 ($289,925.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to December 31, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: M Leilani Brown, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: M (Corporate Officer) Title: Print Name: By: (Financial Officer) Print Name: F: luserslcatlsharedl ContractTemplatesPublishedonlntranet lF OR MPSAAmendment. doc EXHIBIT A ONSU TINE Decernbje 19, 2008 Mr. Mark Reader, P.E. Project Manager Public Works Depariment City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884' Dear Mr. Reader, This letter is a change order request for additional engineering design services related to the Big Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December 11, 2007). The change order supersedes our previous letter dated December 17, 2008. These additional services include engineering design and plan revisions required for converting the upper sediment basin into a larger freshwater pond as well as the incorporation. of a new sediment basin at the Jamboree Road culvert outlet. Also included in this proposal is the preparation of a preliminary engineer's opinion of probable construction costs, the design of an ovennrater pier, services required for selenium monitoring and testing within the Project watershed, and development of the Salt Marsh Bird's Beak Monitoring Plan. During the course of the Project to date, VA Consulting, Inc. (VA) has also provided on -call services that were not included in our original scope of work for the final design of the Project. A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a breakdown of VA's hours and tasks is included as Attachment A, We will provide our services on a time -and- materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit A). SCOPE OF SERVICES Requested Tasks Revised Freshwater Pond and Sediment Basin VA will prepare grading plans to change the location of the sediment basin and freshwater pond. The size of the revised freshwater pond (or ponds) will be large enough to satisfy requirements of the regulatory agencies. VA also understands that the revised freshwater ponds will be maintained with potable water and will incorporate a liner system. VA . nnsuliln „, ruc. Or.:nyc. Cnnwy L`ixivi,m 1% 01 f'urPxi >h: Rnatl CA 92614 Phonr'k!`LI I =i.I L'Ai XiPro; ez15�3' i3, 0< OOl/¢ �min�0001_ Ltig( :an��mfrPCk_127)OBREl9$Efi3e.Jx Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 19, 2008 Page 2 of 7 VA will also investigate the use of reclaimed water rather than potable water to maintain the freshwater ponds. Therefore, this task includes the design of the necessary water supply line and the design of the pond liner system. VA will design a new sediment basin at the Jamboree culvert outlet and will perform the hydraulic calculations required to design the sediment basin spillway and energy dissipater features. The design will incorporate a subterranean wetland as requested by the Regional Water Quality Control Board (RWQCB). VA will also investigate capturing creek low -flows and groundwater at the Jamboree Road outlet to Big Canyon as a means of selenium management. Captured flow would be piped to the bay such that selenium concentrations would be diluted with bay waters. These revisions will require changes to 13 existing plan sheets and the addition of four new sheets to the Project Plans. This task also includes the preparation of two conceptual designs as requested by the City on June. 3 and November 14, 2008. A third conceptual design will be developed upon clarification of Project habitat, goals, which will be defined by the regulatory agencies at the forthcoming meeting. The total VA fee for this task is $43,000. WRA will participate in the placement and configuration of the upper freshwater pond and the new sediment basin. WRA will prepare documents summarizing impacts to existing habitat in Big Canyon as a result of the proposed expansion of the freshwater marsh to be distributed to resource agency personnel after review by the City of Newport Beach. WRA will also review the existing environmental documentation and permits, and perform any revisions that are necessary to reflect the new freshwater pond and sediment basin configurations. WRA will prepare landscape architectural drawings and specifications for the wetland portions of the revised plans and will participate in telephone conferences to coordinate these changes up to the limits of their budgetary allocation. A breakdown of WRA hours and tasks is included as Attachment B of this. letter. The total WRA fee for this task is $31,717. LSA will revise restoration planting areas to address the changes to habitats due to the new configuration of the upper freshwater pond and sediment basin. LSA will revise the Invasive Species Removal Zones and Phasing to reflect the changes in grading impacts and will revise the Restoration Plan Specifications to reflect the changes in habitat types and plant and seed mixes as required. LSA will revise the Invasive Species Removal Specifications to reflect the changes to the invasive species Zones and phasing, and will participate in coordination meetings required for these changes up to the limits of their budgetary allocation. The total LSA fee for this task is $2,215. Geosoils will provide an additional subsurface investigation at the site of the new sediment basin and provide addendum documentation addressing the revised larger freshwater pond and new sediment basin. GSI has indicated that the Feasibility Study plan for the access road and culvert extension required only minor grade changes in the area, without significant alterations to existing grades. Thus, shallow hand -auger explorations were performed in this area consistent with the nature of the proposed improvements. The presently proposed sediment basin in this area, however, will require excavations and fills that alter existing grades by approximately 10 to 15 feet. Therefore, the deeper %iPrq¢a3t377 04WAdr irMO91_N9C&NMC,eek_ 121708REVISEWcdx . .' Mr. Mark Reader, F.E. Big Canyon Creek Restoration December 19, 2003 Page 3 of 7 exploration methods as proposed in this request are needed to determine the slope stability of in -situ materials, potential settlement of fills, possible remediation of fill foundations, and quantity of spoilage rnaterial that may require off -site disposal. The total Geosoils fee for J-lis task is $7,504. Please be advised that the final Project configuration has not been defined through input from the regulatory agencies. This forthcoming input may alter the Project configuration to an extent that the fee for this task may need to be increased. If a fee increase is warranted, VA will notify the City of the causal Project configuration changes and will also provide the incremental increase in cost for this task. 2. Preliminary Operation and Maintenance Plan Based on past permit processing activities, VA understands that the regulatory agencies have requested the inclusion of an operation and maintenance plan with their respective permit applications. VA will determine the periodic operation and maintenance activities for all Project components. The results of this determination will be summarized in a preliminary Operations and Maintenance Plan for use in obtaining the required regulatory permits for the Project. The total VA fee for this task is $6,000. . 3. Preliminary Opinion of Probable Construction Costs VA will prepare a preliminary quantity estimate for the items of work depicted on the Project Improvement Plans including the relocated freshwater pond and new sediment basin. The quantity estimates will be itemized along with corresponding units of measurement. VA will then create an opinion of probable construction costs from the quantity estimate by applying VA's in -house unit cost data or as published in the current cost date manuals. The total VA fee for this task is $6.500. The Acorn group will provide preliminary quantities and costs for the interpretive and regulatory signage panels. The total Acorn Group fee for this task is $100. WRA will provide preliminary quantities and costs for the tidal and freshwater wetland plantings. The total WRA fee for this task is $1,000. LSA will provide quantities and costs for the riparian and upland plantings, as well as for the proposed invasive species removals. The total LSA fee for this task is $1,000. Please be advised that the final Project configuration has not been defined through input from the regulatory agencies. This forthcoming input may alter the Project configuration to an extent that the fee for this task may need to be increased. If a fee increase is warranted, VA will notify the City of the causal Project configuration changes and will also provide the incremental increase in fee for this task. XTrolecu Q73 1LC069UminACOCY 6igl: 9nyniC2el:_;21"/CURCVLS[USe.tlOc Mr. Mark Reader, P.E. Big Canyon Creek Restoration December 19, 200E Page § of 7 4. Selenium Monitoring CH2MHili has conducted water column, sedirrient, and biological sampling for analysis for the presence of selenium. Biological sampling included the collection of algae, macro - invertebrates, bird eggs, fish, and other specimen. CH2MH1ll produced a report of their findings which has been submitted to the City for review. At the direction of the City, the fees for these services have been invoiced against tasks and budgets established in VA's initial Project authorization. The total CH2MHill fee tot this task is $73,111. 5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan WRA has prepared and submitted to the California Department of Fish and Game (CDFG) a technical report with an in -depth analysis of the Salt Marsh. Bird's Beak population in the vicinity of the restoration project. The report identifies the magnitude and extent of potential impacts that could result from the implementation of the Project. The total WRA fee for this task is $1,944. At the request of CDFG a monitoring plan will be developed to incorporate avoidance and monitoring measures for the Salt Marsh Bird's Beak Plant. WRA will develop a soil salinity monitoring program, a hydrology monitoring program, a Bird's Beak seed collection plan, and performance criteria to determine the success of impact avoidance to the Bird's Beak population during the monitoring period. Due to. the fact that the monitoring plan is not yet developed, the implementation cost is not yet known. Therefore implementation of the monitoring plan is not included in this cost. The total WRA fee for this task is $5,834. It is understood that changes to the plans will be required by CDFG upon conclusion of their review of the WRA report. It is also understood that CDFG has requested the preparation of a surface water hydrology study to demonstrate that the project will not significantly alter surface drainage patterns to the habitat located on the southerly side of the project, downstream of the existing Back Bay Drive. Therefore this task provides for changes to four plan sheets that presently depict Project areas in the vicinity of the existing Salt Marsh Bird's Beak population and the additional hydrology study. The total VA fee for this task is $15,000. 6. Revisions to Feasibility Study Design The original scope of services for the Project was to provide Final Engineering based on the Project as depicted in the Feasibility Study. VA proceeded to design the project based on the Feasibility Study as specified. This resulted in a base grading plan and supporting hydraulic analyses that were presented to the City on February 15, 2008. While proceeding with design activities, revisions were required that significantly altered the configuration of the saltwater and freshwater components of the facility and overall hydraulic performance of the facility as originally defined in the Feasibility Study. These revisions were made Xn}••q >�K= g49_000Sd�C�rviiV }CA1 BipGn!rynaC,eek._inlCR3EV1EEU3 ?. }vc Nu. Mark Reader, P.E. Big Canyon Creek Restoration Decem her 19, 2008 Page 5 of 7 to address comments issued by CDFG, the Regional Water Quality Control Board, and the City of Newport Beach. The total VA fee for this task is $19,000. Easement Mapping and Legal Description VA Consulting will provide mapping of all the existing easements within Big Canyon as described in the Preliminary Title Report Order Nurnbers 153425 and 153425a by Stewart Title dated October 22, 2008 and October 23, 2008 respectively, provided by the City. VA Consulting will also prepare (1) legal description and plat for the sewer line and sewer maintenance road along the easterly property line at Jamboree Road within APN 440 -092 -079. The total VA fee for this task is $5,000. 8. Mitigated Negative Declaration As a result of continuing final design activities, further definition of environmental conditions, and impacts associated with the Project have been defined. As such changes in the Project configuration and functions are forthcoming. In response to these changes, the Existing Project CEQA document, i.e. the Mitigated Negative Declamation, will require changes of such an extent that a new CEQA document is anticipated. This task includes the preparation of a Mitigated Negative Declaration for the revised Project. As of the date of this change order request, the fee for these services has not been estimated by VA or its sub - consultants. Therefore, the indicated fee for this task is provided for budgetary purposes and is subject to adjustment by the City to provide for the actual fee estimate once this fee is defined. The budget amount for this task is $35,000. 9. Project Management, Meetings, and Coordination Project management, meetings, and coordination activities to -date have depleted our original budget authorization for these activities. This task provides for an additional 120 man -hours of project management activities related to the oversight and management of the various Project subconsuitants and coordinating the transfer of information between subconsultants, VA and the City. This task also provides for an additional 120 man-hours for the purpose of preparing for and attending meetings as requested. by the City. The total VA fee- for this task is $36,000. II. FEES Requested Tasks 1. Revised Freshwater Pond & Sediment Basin ....... .......... ....................... ...$ 84,436 2. Preliminary Operation and Maintenance Plan .............. ..............................$ 6,000 3. Preliminary Opinion of Probable Cost.-.. .............. ..... .........__........_..........$ 8,600 Y {Troie0230900 n1InC001 ?igC"OnC; -_it 1 ?170611EYISEe3edtl Mr. Big Canyon week Restoration n*"em»*r`y,x"0v Page 6^rr 4. Selenium M0nitnhng. ................................. .................................. ....... O 73.111 5. Salt Marsh Bird's Beak Technical Report and Monitoring Pka1.... 22,778 6. Revisions 1O Feasibility Skdy Design .....—.,^---..'....,..—$ 18.808 7 Easement Mapping and Legal DoSChodon~ ........................... ................... $ 5,000 8, Mitigated Negative Declaration .... . .......... ....... .................. .. ........ ...... $ 35,000 8. Project Management, Meetings, and Coordination ... ....... ...... ....... TOTALFEES�.....~—... .................................................. .................. ..... $2&y^y%5 If you have any AU9StinnS Or require additional iAf0nDaU08. please {e8| f/88 to contact Dan Vi||i8esnrAAe8t(94A)474`14U00r John Wolter 8t(851) 340'O030. MSincer Vahid, P. —��v President and CEO MPV0am Enclosure no: DaVVl||inos John Wolter Contracts VA CONSULTING, INC. FEE SCHEDULE 2008 Staff classification Civil Enr4ir eering atzd i Eanreirr 5 t'vic s President .................................. ..................... _.....:........... _....._.... _...................... Division Presideniilivision Manager ... ......... .: ...................... . :................ .............. Sr. Vice President Vice President/ Exec. Director..... ............ _ .................. _ .......... Director ....... ........... ... .............. ............................................... ...... :........................ SeniorProject Manager., ....... ..................... ........................... ......................... ProjectManager ............ ....... .................. .... ....... ......... ........... .............. ....... .... ..._.. Assistant Project Manager ....... ............. ............ . :................ ..:......................... Senior Project Engineer /Senior Design Supervisor /Senior Planner...... ........... Project Engineer /Design Supervisor ....................................... ............................... Senior Design Engineer /Senior Designer ........... ................................................... Design Engineer /Planner ...I ....................... ........................ ............................... Designer.....................................................................:.....:.... ..1..,......................... Assistant Engineer /Assistant Planner ..................................... ............................... Research and Processing Coordinatorr ................................... ............................... SeniorCADD Technician ............................ ....................... .........................._.... JuniorEngineer .........................................................:............ ....,........I................. CADD Technician ......... ... ........... .................................:......,... ......................... :..... EngineeringIntern..._ ....................................._...................... ............................... Office Support/Cierical .................. ........................._.....,.... ............................... Field Survey and Mappina Services Director of Survey and Mapping.......... Manager of Field Survey._, .................. Survey and Mapping Associate ............ Survey and Mapping Technician .......... 3 -Man GPS Crew ... ............................... 2 -Man GPS Crew ... ............................... 1-Man GPS Crew ......................... Special Services Litigation ........................ Notes: 1 'CL Fratq ...:.: ---- $ 190 .......... $173 ........ $163 ..........5160 ......... $155 ..... $147 .... $142 .......... $ 137 ....... _$132 ...... $122 .......... $117 $110 $100 .. .......$95 ............$85 ............$80 ............ $70 ............ $69 ................................................................ ............................... $450 1. Invoices will be. prepared for all services through the end of each calendar month. Invoices are due and payable on presentation. 2. Ovedime: w1hen requested by the client, will be surcharged at a rate of 135a'o of the standard hourly rtes. Sundays and holidays will be surcharged at a rate of 1?0,% of the standard hourly rates. ;3. Relxograptlics, messenger service, travel (including lodging and (peels), and other direct expenses will be charged at cast plus 1096. The services of outside consultants will be charged at cost plus 155 to cover administration and overhead- In-house reprographics charges: B &W Bond copies $i.001sg.fl, Color Band $6.00 /sq.ft. 6. Mileage v,1111 be billed at standard mileage isles set by IRS. 2008 rates currently listed al $0.535 per rric=. G-DU E ATTACHMENTA City of Newport Beach Big Canyon Cmok Restomtlon Pruett ESTIMATED FEES & EXPENSES (1 at 2) Me T,Wr wivlli ...... .. ...... --- -------- ---- -- . ...... apF1 Ginan A.24 N,I,l — ---- ---- - ----- -------- 0e n FGG- RWn, RO�h anaal� P� ... .... ------ ------ - 11 S StLt Fail u 2 .h.n FG2- 4 4 Pan Po U 4 Is 2.01 IVRT" ".071'elacTUM2 .... ......... Sam 17 .1 F9 . 1 2 --- Mae Ifan _L. jh.t RP3!RMllaayq. -M MA Sh.t RP� R� 1. Rn.�.In �llra 1.� 2 --- ----- ------ ------ ....... . Stan 2 ZM�!�n 202�' 21 .1.1 . ........ . 2 v �lar.., _I, U� Pan a 12 5 vmro I Vm CdJL __ 3A 12 o I ss —34 tLmUwQWwj . ...... ... ---------- ----- ------ --- ------ - — --------- Pura "A 11 pa --- -- - ------ -- -- ---- - - ----- ixwl Soma. �Fm—lalGmr—I—Oftf�IMPVW�n$ 64]m fa]m 4 U�l. Pb_._._ . .... ....... .... . .... .. ...... ... ... - ---- ---- --------- . . .... - .. .... ....... .. . ... ... .............. --- y...I.n Won. ftnaaob� a. ... ........ . ....... ...... . .... .. .. .......... ..... . ... ... ..... ..... .. - --- - ------ .-A u'a-'. MX� �aMl Imam— Paz .... ................. ..... . . . . ..... ....... ........... ... ..... . ..... ............ .. ... .... "a al Wa 3 l A.W. -in B . ...... .... I — DID'. I —,a 2 , 4 . C P' Co .cd.ac.al MA....... Non, 37 ums z Can o.nNg h %MO. {1 @0 80 1 BI ,Td ... ......... --- 'Gnago.n. 1-7 ---- .......... . ATTACH(AEI,rr A City of N.w,.rt st,..h Big Canyon Crook HgStOrstloei Pml.ct EMIATM FEES & EXPENSES (2 of 2) O CH2MHt[l .. . .... ......... ... .. ........ ...... . ....... .. ....... .... .... ........ I ...... . . . ....... ... ........ .. 3" :4 1 ........ . ... .. .. ... I.,— I,00 ....... ... .. .. . . ...... ... ]TftlMN' -r------------ I 25 ------ -- Eq----- o. o—Ore lo, NOZEM It I V, M;jO W� 20 M : W -TtiW MR W-- MI'2 .i,n :Ta— . ........ ..... ------ - - - — 2 0 . . . .......... . .1. 1. 1 RSq P-- U.. .. ... ......... =1 I Or -.—AR . ..... _ID ofau aEvsemml M!,Tin,end L. .1 D..r Von . ... ........ . . ........ . ... ... .... .... ....... MM Mi ME W, MEN .✓;=.. u. .o W2 fi MR ME Ram E.¢/r� i ..... .... WRA .... .. fo. SC H1xB --------- --- . .... .... 771—M 6 wi.ofl0 • MO J&,,,ar ME e: "0,0 W.IkR.� I .... ........ .. ------- . . ... ....... ....... . lo ri w MIM ME m 2m =ii 9�9 M�E UMU�05i I' 'v 'a ME ME m Nam %Agmmumpm $Ila =ZO mUR-53FE03 a0,.: n! TMA ,0011 -.1 a im.1 e sl ws TOTALPESS.. sip so sa'sgs .$060 ' M ..... --- R' Tma i-3— , ATTACHMENT B W RA Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR DESIGN AND PERMITTING Tasks, a>' ,,,tya^yt i"' y . DescripttB�c' 'S' .waro rrvs M wi , ir�,e'n �G$w :, r5:�a t AA5 -5¢K ras W1rSm. A F r+,a: W fs - �57`iA'"+sG7 a w.N r i hts �E .. Kw en.s°'"�8s�x�'24d.tf''ar`x 1, 2015 1 Assistance with Revised Freshwater Pond Configuration 3 60 83 63 $6,940 2 Impacts Summary 12 . 25 0 37 $3,401 3 Update Enironmental Documents and Permit Applications so a 110 68 $6,592 4 Update Wetfand Planting Plans 2 56 122 19 132 331 $20,678 5 Meetin s and Coordination 5 5 10 55 20 $2,865 6 Cost Estimate 10 $1,000 7 Salt Marsh Bird's Beak Techincal Memo 6 5 $0 $1,944 6 Salt marsh Bird's Beak Monitoring Plan 45 8 $39 53 $5,122 TOTAL HOURS L 14 `..67 56 . 137 :" 127.. TOTAL FEES $3;,* 99,,179 $6,,496. $13,704 $:12,4,46Q: -:. $5 357y . ,..; . $41:9 $50,961, yy t :Tic 4 °Sa:"'4;,. .ynS96Y.'.d..''S+�L ".vim"w:�lFf✓iXa5 '` i'�+ .rvS��iP�V =`K5!y���+Y&T150 �K 62 $�r��� LS9ya Note: Total includes tasks 1, 3, and 5 X:WrCIW$1S79 UOMn;\T"heocs \RepoO5 Oos1 E9 ma1e temp e1ot229h8 .x15 i&alaws ATTACHMENT C LSA Associates, Inc. Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR VEGETATION MAPPING Auf 9 as a a a0pl ", , . ,. -a- esaw M IRAN P " .6. M60 - 1 Vegetation Mapping 10 10 22 42 $4,500 2 Reimbursables $100 TOTAL HOURS 10 ., 10 ` -., 22' TOTAL FEES :, $1,50b $1,130. $11870 -$100 Note: Total includes a portion of task 1 % 1Pm1actsQ73 _0400,Eng%Tach0om1Repons%0ast Eadm9&template122MS.r 12/31/2008 ATTACHMENT D LSA Associates, Inc. Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR UPDATING PLANS AND SPECIFICATIONS "s s T4t'KMWiy..3- b5,�'"W" d'fl'SL'T� -.:. � 's::. Des r pfi {5 '• J M3i. R].� - s3�5[g[^ L.. 1 Restoration Planting Areas a a $960 2 Invasive Species Removal Zones and Phasing 8 a $960 3 Restoration Plan Specifications 4 4 a $1.080 4 Invasive Species Removal Specifications a s $960 5 Meetings and Coordination 4 2 6 $840 6 Reimbursabtes $100 7 Cost Estimate 8 6 $1.000 - TOTAL HOURS 8. 38 TOTAL FEES $1,1*200; $4400 l��BaS($lil �r'`..$x1'SOax"$720,� Notr: Total Includes a portlon from task 1 and all of task 3 %; LPmlecnt3 ]3_04POtEmpTecnOOnVteppRatCasl EStlmero- Iemplp1a12290B.xh - ,y�lx2� fi I !i A-t'rAc "M6A) f � ITEM RATE : - HR or UNIT;:. COST I EXTENSION FIELD EXPLORATION Field Geologist/Engineer $100.00 6.0 $600.00 Bucket -Auger Drill Rig $225.00 6.0 $1,350.00 Mileage $35.00 $1,985.00 LABORATORY TESTING .Maximum Dry Density $150.00 1 $150.00 Moisture/ Dry Density $20.00 6 $120.00 Sieve Analysis $150.00 2 $300.00 Expansion Index $135.00 2 $270.00 Atterberg Limits $112.50 2 $225.00 R -Value Test $232.50 1 $232.50 Direct Shear $150.00 1 $150.00 General Corrosivity Test (Resistivity, pH, Soluble Salt) $150.00 1 $150.00 $1,597.50 ANALYSIS AND REPORT PREPARATION /MISC. Principal GeologisVEngineer $160.00 4.0 $640.00 Staff GeologisVEngineer $100.00 14.0 $1,400.00 Technical Illustrator $69.00 4.0 $276.00 Technical Typist $65.00 3.0 $195.00 Reproduction /Office Services /Misc. Fxp. $300.00 $2,811.00 PREVIOUS MEETINGS ATTENDED BY PROJECT MANAGERS Project Engineer /Geologist $130.00 7 $910.00 Staff Engineer /Geologist $100.00 2 $200.00 $ 1,710.00 TOTAL ;� 1$7,503 50J VA Consulting, Inc. Big Canyon Creek Restoration - Newport Beach Fi1ed: \wp10 \00\5500 \5595ai .cor Lea -of;F , fna� W.O. 5595 -A1 -OC May 27, 2008 Page 2 A -FT A(_1 A GN T -F- JOB NO: 13075 -2 PROJECT: Big Canyon Restoration Plan I= Task Description 1. Revision of Initial Study 2. Public and Agency Comment Responses 3. Final CEQA Documentation 4. Project Coordination and Meetings Total Hours Total Expense Total Labor Estimated Total Cost 1. Revision of Initial Study 2. Public and Agency Comment Responses 3. Final CEQA Documentation 4. Project Coordination and Meetings WRA RATE SCHEDULE Effective January 2009 M. Josselyn Senior Technician GIS Technician Time Assignment in Hours $240 per hour $98 $89 Sen GIs Expenses Labor Total AJ Tech Tech GIS Technician $89 $712 3 30 4 $110 $4,016 $4,126, 3 25 $Z2 $3,170 $3,1921 1 15 4 $110 $2,066 $2,176 20 $110 $1,960 $2,070, 7 90 8 $352 $11,212 $11,564 Copy . Post/ Total Plus 10% Costs Tele 100 $100 $110 20 $20 22 100 $100 110 100 $100 110 Staff Rate Amount M. Josselyn $240 $1,680 Senior Technician $98 $8,820 GIS Technician $89 $712 Expenses $352 Estimated Total Cost $11,564 ATTACHMENT G The Acorn Group Big Canyon Creek Restoration Project ESTIMATED FEES & EXPENSES FOR COST ESTIMATE 4 a Tasks 7 . i� S/ q :ix. �, •� G•c .3."?,ti" \ 5's ' r� d �'�rA�E3"y�t,8y°4"'- "bias.. a ��� a �,� . ` � =�' 'r Desc "ripti n ' � �' °x Cost Estimate .r.• "'' �»Tr �•�P x t s, s.;+ttinme.ara .Ex enses L,�'d tig � A „�, Tatat?� �:�; t $ion TOTAL HOURS TOTAL FEES . $t00 ..:; ..$0 ... $100. ... moldi' 'f1�5' '�e E�< K-1 4" 'h i' X. Wro�acls ',313_06pgErq \TechDOeslPapo's \Cost ES(�rt:elenempiala122908 xN 121312008 City of Newport Beach BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 09BA -035 AMOUNT: $289,926.00 Increase in Budgetary Fund Balance X 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 expenditure appropriations to recognize contributions from the County of Orange Coastal Impact Assistance Program the Irvine Company, and the Irvine Ranch Conservancy and appropriate the funds to enter into a PSA with VA Consulting for the Big Canyon Creek Restoration Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 250 4941 250 4926 250 4927 EXPENDITURE APPROPRIATIONS (3603) Division Number 7251 Account Number C5100709 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Description Description Contrib - OC Coastal Impact Assist Prgm Contrib - the Irvine Company Contrib - Irvine Ranch Conservancy Description Contributions Big Canyon Creek Restoration Fin ncial Approval: Administr a Services Director Administrative Appr al: City Manager Amount Debit Credit $60,000 $60,000 $169,925.00 Automatic $289,925.00 Date at � Signed: City Council Approval: City Clerk Date