HomeMy WebLinkAboutC-3517(A) - PSA for Design Services of the Morning Canyon Channel Stablization Project•
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING
FOR MORNING CANYON STABILIZATION PROJECT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT,
entered into this day of March, 2005, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
RBF CONSULTING, whose address is 14725 Alton Parkway, Irvine, Calfiomia, 92618-
2027, (hereinafter referred to as "Consultant'), is made with reference to the following:
RECITALS
A. On March 9, 2004, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement', to prepare a
stream stability study of Morning Canyon (Task 1) and to prepare
construction and environmental documents, permits and easement
documents (Task 2), hereinafter referred to as "Project'. Only Task 1
services were authorized to be performed under the original agreement.
This Agreement is scheduled to expire on March 31, 2005.
B. City desires to enter into this Amendment No. 1 to perform Phase 2
services as described in the Scope of Work attached hereto as "Exhibit
A ", and to extend the term of the Agreement to June 30, 2007.
C. City desires to compensate Consultant for additional professional services
needed for Project pursuant to the compensation Schedule attached
hereto as "Exhibit B ".
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. I", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall perform the services outlined in "Exhibit A ", dated March
16, 2005, attached hereto and incorporated in full by this reference.
Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1, including all reimburseable items and
subconsultant fees, shall not exceed One Hundred, Forty -Eight Thousand,
Eight Hundred and Seventy Dollars ($148,870).
The term of the Agreement shall be extended to June 30, 2007.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in 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:
M. �
Robin Clauson,
City Clerk
Attachments: Exhibits A and B
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CITY OF NEWPORT BE
A Municipal C/jporatigri'
By: /�l✓1 f7�
Mar
for the City of Newpo
RBF CONSULTING
ach
:4m,
John
Vice
City of Newport Beach
EXHIBIT A
Exhibit A
CITY OF NEWPORT BEACH
MORNING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
SCOPE OF WORK
March 16, 2005
GENERAL DESCRIPTION
The Scope of Work provided is for the review of conceptual design studies, and the development of a final
PS &E package for the stabilization of Morning Canyon from Pacific Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed
in accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards
and criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual
design report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning
Canyon, Stabilization, Hydrologic and Hydraulic Analyses," by Rivertech Inc, dated August 2002. The
conceptual design study identified recommended improvements to stabilize the channel reach and maintain
the riparian and alluvial characteristics of the existing stream corridor.
The proposed work effort will include a review and evaluation of the previous studies and reports that have
been completed on the project reach, refinement of the conceptual stabilization design, coordination with the
jurisdictional agencies, and development of final drawings, specifications, and estimates for the installation of
the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach.
PHASE 2 — FINAL DRAWINGS, SPECIFICATIONS AND ESTIMATES
Phase 2 includes the final design of the recommended improvements developed in Phase 1, and will not
proceed without prior City approval.
TASK 14.0 FINAL HORIZONTAL & VERTICAL ALIGNMENT
Provide engineering services to perform calculations for the final horizontal and vertical
alignment of the proposed grade control structures and channel improvements. This shall
include the development of construction centerline for the finalized access road and channel
facilities. Construction stationing developed from the horizontal and vertical alignment
calculations. Precise coordinates shall be determined for the location of the proposed
facilities. A horizontal control plan shall be produced which provides the survey control data
for critical points on the proposed improvements.
TASK 15.0 MORNING CANYON IMPROVEMENT DRAWINGS
The consultant shall prepare improvement drawings for the stabilization of Morning Canyon
Channel from north of Pacific Coast Highway to the Pelican Hills Golf Course. The proposed
improvements will be based on the approved Preliminary Design Study completed in Phase
1A. This task is based on the construction of 4 gabion drop structures and 2 groins located
along an approximately 800 foot reach of channel. If during the course of design review it is
determined that modifications are required to the original concepts, then this redesign will be
PROPOSAL SCOPE AND FEE Revision Date: 3116l2W5
MORNING CANYON CHANNEL IMPROVEMENTS
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accomplished through a separate addendum to the Client.
This work item is based on the preparation of one set of Morning Canyon Channel
improvement drawings. The construction drawings will include cover and general note
sheets, channel plan and profile, grade control structure sections and details, grading, lateral
profiles, and quantities on standard City of Newport Beach format prepared at a scale of
1 " =40' or 1 " =20'.
TASK 16.0 ACCESS ROAD DESIGN DRAWINGS
Provide final engineering services for the preparation of construction drawings for the
Morning Canyon access roadway. The roadway alignment and configuration will be based
on the preferred alternative developed as part of the "Conceptual Access Road Alignment
and Grading Study" completed in Phase 1A. The roadway drawings will be processed for
approval through the agencies as part of the Morning Canyon Improvement Drawings. This
work item includes the preparation of plan and profiles, grading, and associated details
necessary for the construction of the access roadway at a scale of 1 "=40' or 1 " =20' on
standard City of Newport Beach format. It is assumed for this task that retaining walls will not
be requited for the construction of the access road.
TASK 17.0 RESTORATIONLANDSCAPE IMPROVEMENT DRAWINGS
Consultant shall prepare one set of final landscape construction drawings, specifications and
cost estimates in sufficient form and detail to obtain approval from the Coastal Commission,
the US Army corps of Engineers and the City. The drawings shall be prepared based on the
approved landscape concept plan prepared under Task 8. The drawings will be prepared at
an appropriate scale on base maps of the project site prepared by RBF. The drawings will
include plant removal drawings, a planting drawing, one planting detail sheet and
specifications for planting.
TASK 18.0 FINAL HYDRAULICS AND SEDIMENT TRANSPORT ANALYSIS
Consultant shall prepare a final hydraulic and sediment transport analysis of the proposed
channel improvements indicated on the construction drawings. The final design water
surface generated shall also be indicated on the drawings. All hydraulics studies shall be
completed in conformance with the latest available design, drafting, and policy and procedure
manuals of the City of Newport Beach, and the County of Orange.
This task includes the preparation of a "Final Channel Hydraulics " which will serve as
documentation of the final engineering design and associated technical analysis to support
the Morning Canyon channel design. The report shall update the preliminary report including
the backup data regarding final hydraulics, hydrology, existing facility data, design criteria,
specific design requirements, design constraints, assumptions, quantity and cost estimate
support, and all engineering calculations or analysis.
TASK 19.0 FINAL COST ESTIMATE
Prepare a final estimate of construction quantities and costs based upon the channel,
roadway, and landscape drawings utilizing current City cost data and the latest edition of
Caltrans Contract Cost Data book, and compare to established project budget.
TASK 20.0 SPECIAL PROVISIONS
PROPOSAL SCOPE AND FEE Revision Date:3 /162005
MORNING CANYON CHANNEL IMPROVEMENTS
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Consultant shall develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included in the City's
standard contract documents. City will prepare the upfront "boiler plate" portions of the
contract documents (e.g. general provisions, contract requirements, notice to contractors,
etc.).
As needed, specifications shall include specific NPDES stormwater provisions the contractor
will need to implement. There should also be discussion on nuisance flow diversion during
construction.
TASK 21.0 ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION
Assuming the Protect will Require a Nationwide Permit: Consultant will prepare a submittal
package for a Army Corps of Engineers Permit to satisfy the requirements of Section 404 of
the Clean Water Act. It is assumed under this task that authorization to proceed from the
Corps can be achieved by using a Nationwide Permit (NWP). Nationwide Permit refers to a
type of general permit which authorizes typical activities on a nationwide basis. Based on our
preliminary assessment of the site conditions, including our current understanding of the
project's funding constraints, RBF believes that the project can be authorized under NWP 3,
Maintenance Activities. Critical elements for this NWP are paraphrased below:
'The repair, rehabilitation, or replacement of any previously authorized, currently serviceable,
structure, or fill, or any currently serviceable structure or fill, provided that the structures or fill
is not to be put to uses differing from those uses specified or contemplated for it in the
original permit or the most recently authorized modification. This NWP authorizes the repair,
rehabilitation, or replacement of those structures or fills destroyed or damaged by storms,
floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their
destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this
two year limit may be waived by the District Engineer, provided the permittee can
demonstrate funding, contract, or other similar delays."
Consultant will initially consult with the ACOE and request that the two year limitation for
NWP 3 be waived due to previous project funding delays. Should it be determined by the
Corps that an Individual Permit (IP) would be required for the proposed activities instead of a
NWP, the Client shall be notified and work shall continue based on a separate addendum or
on a time and materials basis, subject to Client approval.
The submittal package will include: a) 404 permit application standard form, b) vicinity map,
c) project description, d) jurisdictional delineation report, e) biology report, f) cultural
resources report, g) geology report, and h) site photos. Should this amount be exceeded, the
Client shall be noted and work shall continue based on a separate addendum or on a time
and materials basis, subject to Client approval.
TASK 22.0 CALIFORNIA DEPARTMENT OF FISH AND GAME 1600 PERMIT APPLICATION
Consultant will prepare an application submittal package for the CDFG 1600 Agreement for
Streambed Alteration (also known as a Streambed Alteration Agreement). The submittal
package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d)
jurisdictional delineation map, and (e) site photos. This task does not include the permit filing
fee, which can range up to $1,390.50 depending on the construction cost of the proposed
project.
TASK 23.0 REGIONAL WATER QUALITY CONTROL BOARD SECTION 401 WATER QUALITY
CERTIFICATION
PROPOSAL SCOPE AND FEE Revision Date: 3!102005
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Consultant will prepare a submittal to secure a Water Quality Certification from the State
pursuant to Section 401 of the Clean Water Act. This certification is necessary prior to the
Corps concurring with discharges of fill material under the Corps permit process. This task
does not include the permit filing fee, typically $2,250.
TASK 24.0 RESOURCE AGENCY PERMIT PROCESSING
Provide regulatory services for the processing of the permits through the Army Corps of
Engineers, the California Department of Fish and Game, and the Regional Water Quality
Control Board. The processing shall include required correspondence or telephone calls
between the reviewing staff related to the permit or points of clarification and coordination
with the biological consultant, if necessary. This item includes any meetings with the
reviewing staff of the resource agencies during the review process. The fee associated with
this work is a budget amount since it is difficult to anticipate the processing requirements. A
budget amount of 35 hours has been allocated for this work item. Should this amount be
exceeded, especially due to the Corps' or CDFG's requirementfor mitigation, then the Client
shall be notified and work shall continue based on a separate addendum or a time and
materials basis, subject to Client approval.
TASK 25.0 COASTAL DEVELOPMENT PERMIT APPLICATION FOR CONSTRUCTION
ACTIVITIES
RBF shall prepare the CDP application based on inputfrom the Coastal Commission and City
of Newport Beach. At a minimum, the following items will be included with the CDP
application:
• Proof of applicant's interest in the property
• Assessor's Parcel Map(s) showing the proposed development site and all adjacent
properties within 100' of the property boundary
• Stamped envelopes addressed to neighboring property owners and occupants and
other interested parties and a list of the same
• Vicinity Map
• Two sets of project drawings, site plans, and other applicable drawings.
• Copy of environmental documents if prepared for the project and any comments and
responses
• Verification of all other permits, permissions or approvals applied for or granted by
public agencies
• Copy of Geology or soils report
• Local approval of the project
• Notice of Pending Permit to be posted in a conspicuous place
• Filing Fee
This task includes the application of one coastal development permit for the project
construction. Should additional permits be necessary for the completion of design services,
then this work can be accomplished through a separate addendum for an additional fee.
TASK 26.0 COORDINATION FOR PROCESSING OF COASTAL DEVELOPMENT PERMITS
RBF will coordinate the processing of the CDP application with the Coastal Commission, City
of Newport Beach and other consultants. Interagency coordination should be initiated with
the other regulatory agencies (Army Corps of Engineers, California Dept. of Fish and Game,
Regional Water Quality Control Board, etc.) as soon as possible to ensure that the CDP
PROPOSAL SCOPE AND FEE Revision Date: 31762005
MORNING CANYON CHANNEL IMPROVEMENTS
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applications address the jurisdictional needs of the Coastal Commission. This item includes
any meetings (excluding the pre - application field meeting) with the Coastal Commission staff,
Client or consultants to review the CDP applications, respond to comments and discuss the
proposed conditions of approval. Projects considered by the staff to be consistent with the
California Coastal Act will be placed on the consent calendar for the next available Coastal
Commission hearing for approval. Two representatives from RBF will attend one public
hearing with the Coastal Commission. A budget amount of 80 hours has been allocated for
this task. If a second hearing is required (i.e. if the design survey activities are separated
from the construction activities and two separate CDP applications are required), the Client
shall be notified and the second hearing will be authorized under a separate work request.
TASK 27.0 CONTROL SURVEY AND PROPERTY LINE RESEARCH AND INVESTIGATION
Consultant will review the preliminary title reports for each of the subject lots as furnished by
the City and conduct research with the County of Orange, City of Newport Beach and local
agencies to obtain recorded maps and documents pertaining to the land boundaries and
survey monumentation. Prior to performing the field survey, the Consultant shall confer with
the City Surveyor to ascertain performance guidelines and requirements. Field surveying will
be performed to tie and adjust the existing local project control system to the published
horizontal and vertical control.
Field investigation will include verification of the sufficiency of existing survey monumentation
to support the final boundary determination survey.
Additional survey measurements and analysis will be performed to test the accuracy of the
existing topographic mapping, and to tie pertinent improvements as needed to define the new
facility locations.
TASK 28.0 MONUMENT PRESERVATION
Consultant shall locate, tie out and prepare pre - construction Corner Records for the existing
monumentation that will be destroyed during the construction phase. Upon completion of
construction and acceptance of improvements by the city, consultant will re -set the destroyed
monumentation and file post- construction Corner Records.
TASK 29.0 LEGAL DESCRIPTIONS AND EXHIBITS
Legal descriptions and exhibit maps will be prepared for use in property rights acquisitions
between the City and homeowners. The type of property rights to be acquired will range from
temporary construction easements to drainage easements, access easement, the vacation of
existing easement no longer necessary and others items as may be needed to complete
subject project. A total of 35 legal descriptions and exhibits are anticipated and included in
this task. Additional legal descriptions and exhibits will be prepared under a separate
addendum.
TASK 30.0 PROJECT MANAGEMENTIPROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
PROPOSAL SCOPE AND FEE - Revision Date: 3116rDZ
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scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall also include a budget amount of 20 hours to assist the City with the
preparation of CEQA documents.
SCOPE ASSUMPTIONS:
GENERAL
1. Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
2. NPDES permit requirements and stormwater pollution prevention plan (SWPPP) will
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase II hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
5. This scope of work does not include any specialty environmental mitigation
measures such as soundwalls or off -site landscape modifications. Any specialty
mitigation measures requiring implementation as a result of the approved
environmental document will be negotiated separately with the Client.
6. One Public Meeting /presentation is included in the Phase 1A, Task 10 scope of
work.
7. All permit application /processing fees to be paid by the City.
8. Authorization for access to private properties for Consultant to complete field
reviews /surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQA
documents.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
included in the geotechnical fees. The Client will be notified immediately if
hazardous materials or waste are encountered during the field investigation.
RIGHT -OF -WAY
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
PROPOSAL SCOPE AND FEE Revision Date: 3116200.5
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ESCALATION
14. An annual escalation factor of a maximum five percent may be assessed for all
design or construction support work performed after March 31, 2006. Consultant
shall provide the City written justification for any proposed increase.
PROPOSAL SCOPE AND FEE Revision Date:311ril7Ag5
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tTY OF NEWPORT BEACH
Exhibit B
EXHIBIT .Bk
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
COMPENSATION
Client agrees to compensate Consultant for the work outlined in Exhibit "A" in accordance
with the schedule identified below:
PHASE 2
14.0
Final Horizontal and Vertical Alignment
$ 1,800.00
15.0
Morning Canyon Improvement Drawings
27,800.00
16.0
Access Road Design Drawings
8,340.00
17.0
Restoration /Landscape Improvement Drawings
3,400.00
18.0
Final Hydraulics and Sediment Transport Analysis
6,840.00
19.0
Final Cost Estimate
3,340.00
20.0
Special Provisions
6,900.00
21.0
Army Corps of Engineers 404 Permit Application
3,780.00
22.0
California Department of Fish and Game 1600 Permit Application
1,600.00
23.0
RWQCB Section 401 Water Quality Certification
1,550.00
24.0
Resource Agency Permit Processing
3,600.00
25.0
Coastal Development Permit Application for Construction Activities
3,840.00
26.0
Coordination for Processing of Coastal Development Permit
10,290.00
27.0
Control Survey and Property Line Research and Investigation
9,000.00
28.0
Monument Preservation
4,000.00
29.0
Legal Descriptions and Exhibits
37,500.00
30.0
Project Management/Project Coordination
10.290.00
Phase 2 Subtotal
$ 143,870.00
Reimbursable Budget
5.000.00
Phase 2 Total $148,870.00
Progress billings will be forwarded to the Client and will include the fees earned for the billing period
plus all direct costs advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
Term of Contract
March 16, 2005 to March 16, 2006
PROPOSAL SCOPE AND FEE Revislcn Date: M620(35
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
March 22, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: MORNING CANYON RESTORATION — CONTRACT NO. 3517 —
AUTHORIZE USE OF APPROVED FUNDS FOR PREPARATION OF
FINAL CONSTRUCTION DOCUMENTS
RECOMMENDATIONS:
1. Approve the Morning Canyon Stream Stability and Channel Restoration Study
prepared by RBF Consulting (RBF).
2. Approve a Budget Amendment transferring $148,870 from the Unappropriated
General Fund reserves to the Upper Morning Canyon account, 7012- C5100750.
3. Approve Amendment No. 1 to the Professional Services Agreement with RBF of
Irvine, California to prepare final documents required for constructing a stabilization
project in Morning Canyon at a not -to- exceed fee of $148,870, and authorize the
Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City has reviewed RBF's final report for Morning Canyon stream stability along with
its recommendations. The study recommends a stabilization project composed of the
following key components:
• Clearing non - native vegetation from the canyon bottom;
• Importing soil to fill scour areas of the canyon;
• Installing seven gabions at strategic locations along the streambed designed to
protect the canyon from dangerous erosion from storms up to the 100 -year storm
event; and
• Planting drought tolerant, Fire Department approved landscaping in the canyon
bottom.
The preliminary cost estimate prepared by RBF estimates construction costs at
$825,000 which includes a 25% contingency. Maintenance of the stabilization and
erosion control structures and the native landscaping is estimated at $5,000 per annum.
SUBJECT: MORNING C�N RESTORATION — CONTRACT NO. 3517 — A4&RIZE USE OF APPROVED FUNDS
FOR PREPA N OF FINAL CONSTRUCTION DOCUMENTS
Date: March 22, 2005
Page 2
These maintenance funds will be budgeted in the General Services operating and
maintenance budget beginning in Fiscal Year 2007.
On March 9, 2004, Council considered a budget amendment for $250,650 for the
preparation of a stream stabilization report, and final design and related documents
needed to advertise this project for construction in the Fall 2005. At that time, Council
appropriated just the amount needed to prepare the stabilization report ($103,280).
This budget amendment above will appropriate the remaining $147,370 that was
discussed last March and an additional $1,500 needed for additional jurisdictional
agency site visits to review damage to the canyon during this winter's heavy storms.
With Council approval to move ahead, final construction documents, environmental
documents, permits and easements can be completed by July 2005 such that
construction can proceed in the fall of 2005.
Environmental Review:
In consultation with the California Coastal Commission, RWQCB, USACOE and State
Fish and Game, this project will prepare a MDN.
Funding Availability:
Upon approval of the recommended budget amendment, sufficient funds will be
available in the following account for the project:
Account Description Account Number Amount
General Fund 7012- C5100750 $148,870
Total: $148,870
Prepared by: Submitted by:
Robert 9tein, P.E. _,�StepF�in G. Badum
Principal Civil Engineer Py Ic Works Director
Attachments: Council Memo dated March 9, 2004'
Amendment No. 1 with RBF
Morning Canyon Stream Stability Study
Budget Amendment
I]
APPROVED
MAR n a 2004•
CITY OF NEWPORT BEAC
CITY COUNCIL STAFF REPORT By City Counci
City of Newport Beach
Agenda Item No. 18
March 9, 2
TO: HONORABLE MAYOR AND MEMBERS OF THE C COUNC�I�%
FROM: Public Works Department y
Robert Stein, P.E.
949 - 644 -3311
rstein @city. newport- beach.ca. us
SUBJECT: UPPER MORNING CANYON CHANNEL - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
FOR PREPARATION OF CONSTRUCTION DOCUMENTS
RECOMMENDATION:
1. Approve a Professional Services Agreement with RBF Consulting (RBF), of Irvine,
California, for preparing construction documents and obtaining permits by
J urisdictional agencies, for the stabilization of the Upper Morning Canyon Channel at
a contract price of $250,650.00 and authorize the Mayor and City Clerk to execute
the Agreement.
2. Approve a Budget Amendment of $250,650.00 from the unappropriated General
Fund reserves.
DISCUSSION:
At the June 24, 2003 Study Session, Council was briefed on certain issues related to
Morning Canyon including stream bed erosion, slope failures on private property and
the invasion of exotic species. The City retained a consultant (Rivertech) to evaluate
the causes of, and develop a conceptual plan to address the streambed erosion. The
City Council directed staff to develop a scope of work, based on Rivertech's conceptual
design, that identifies the tasks necessary to complete drawings and specifications for a
project that would comply with requirements of all regulatory agencies and address the
streambed erosion and habitat issues. The City Council confirmed that its intention to
proceed in this manner, to develop the construction documents, and ultimately
construct the improvements, is contingent upon the residents providing the City with the
easements necessary to construct and maintain the project.
In a subsequent show of support for the project, owners from twenty of twenty -two
properties along the canyon have recently signed non - binding 'Memoranda of Intent'
(see attachment for sample) to grant the City construction and maintenance easements
for the proposed project. City staff continues to pursue signatures from the remaining
two property owners and hopes to have 100% support within the next two weeks. If the
SUBJECT: UPPER MORNING *ON CHANNEL - .APPROVAL OF PROFESSIOIOERVICES AGREEMENT WITH RBF
CONSULTING FOR P:.EPARATION OF CONSTRUCTION DOCUMENTS
March 9.2004
Page 2
City proceeds with the design of this project, City staff has agreed to report to the
property owners on the design evolution at project milestones. At the conclusion of the
design, completed construction documents will be provided to property owners for
review. It the project meets their approval, formal easement documents will be
prepared and executed with each property owner.
Public Works staff -discussed consultant qualifications that would be needed to prepare
construction documents for this unique project that could be permitted by jurisdictional
agencies in a timely manner. Two important criteria were identified.
Because of the deterioration in the channel and the potential for slope failures,
the consultant must be able to provide a full spectrum of services that would
allow rapid preparation of construction documents for review and approval by the
City as well as the California Coastal Commission, Army Corps of Engineers,
Regional Water Quality Control Board, and State Department of Fish and Game.
2. The consultant must have demonstrated ability to perform complex hydraulic,
sediment transport and scour analyses in order to properly locate and design
hydraulic control structures, including two - dimensional hydraulic analysis at
critical channel locations to accurately calculate shear forces, which in turn will
be used to determine channel armoring. Of critical importance is the need for
the consultant to demonstrate that there will be no adverse downstream impacts
due to any proposed improvements in the streambed.
Based on the complexity of the project, staff reviewed the qualifications of the larger,
full - service engineering consultants and is recommending the City Council select RBF
Consulting based on its hydraulic analysis expertise, overall drainage design and
permitting experience, and successful track record for successfully completing difficult
projects on schedule for the City.
RBF Consulting was invited to submit a proposal and has provided a well- conceived
and comprehensive scope of work for the fieldwork, streambed stability analyses, final
design and permitting. At the request of many property owners, the consultant has
added a task to define measures to secure the canyon from unwarranted entry. Staff
has reviewed the proposed fee and thinks it is reasonable and realistic. RBF's design
schedule anticipates that the City will have permitted construction documents by the fall
of 2004.
Funding Availability:
The preliminary estimated total cost for the project including engineering design,
permitting and construction is approximately $2 million. Staff recommends approval of
the attached RBF Consulting professional services agreement, along with a Budget
Amendment of $250,650, and that RBF immediately proceed with preparation of the
engineering design documents for this important project.
Upon approval of the recommended budget amendment, sufficient funds for the project
will be available in the following account:
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SUBJECT: UPPER MORNING C J CHANNEL - APPROVAL OF PROFESSION ;VICES AGREEMENT WITH RBF
CONSULTING FOR PR ARATION OF CONSTRUCTION DOCUMENTS
March 9. 2004
Page 3
Account Description Account Number Amount
General Fund 7012- C5100750 $250,650.00
Total: $250,650.00
Environmental Review:
City Staff would prepare CEQA documents for an anticipated Mitigated Negative
Declaration with assistance from RBF. The final construction drawings will include an
ecological restoration plan including an exotic pest plant eradication plan.
Prepared by:
Robert Stein, P.E.
Principal Civil Engineer
Attachment: Professional Services Agreement
Memorandum of Intent
Budget Amendment
Submitted by:
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR MORNING CANYON CHANNEL STABILIZATION PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
and RBF CONSULTING a corporation whose address is 14725 Alton Parkway,
Irvine, California, 92618 -2027 ( "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 Califomia with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to implement Morning canyon Channel Stabilization Project.
C. City desires to engage Consultant to prepare construction documents and
process these documents for permits from the jurisdictional agencies as outlined
in the Scope of Services attached hereto as Exhibit "A" and upon the terms and
conditions contained in this Agreement ( "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 Steve Huff,
P.E..
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:
TERM
The term of this Agreement shall commence on the above written date and shall
terminate on the 31st day of March, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
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City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit B. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
In no event shall Consultant's compensation exceed Two Hundred Fifty
Thousand Six Hundred Fifty Dollars and no /100 ($250,650.00) without
additional authorization from City. No billing rate changes shall be made during
the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
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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 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.
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 John McCarthy to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E. shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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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
i Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
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charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor'), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
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
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performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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. 5/onature. 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
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Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million. dollars ($1,000,000).
Endorsements.. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
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
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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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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
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conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions,. Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
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.
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WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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
persons from making, or participating in
financially affect such interest.
his Agreement, and (2) prohibits such
making, decisions that will foreseeably
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.
NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
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addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3322
Fax: 949- 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: John McCarthy
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: 949 - 855 -5759
Fax: 949 - 586 -6531
28. TERMINATION
. In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay. Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of 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.
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In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the, terms of this
Agreement shall govern.
33. AMENDMENTS •
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attomey.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govem 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Robin Clauson, Mayor
Assistant City Attorney for the City of Newport Beach
for the City of Newport Beach
ATTEST: RBF CONSULTING:
By:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f: \users\pbvAshared\agreements \fy 03- 045rbf- morning canyon channel - revised -030204.doc 0
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EXHIBIT "A"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10-103181
SCOPE OF WORK
February 25, 2004
GENERAL DESCRIPTION
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The Scope of Work provided is for the review of conceptual design studies; and the development of a final
PS &E package for the stabilization of Morning Canyon from Pack Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed
in accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards
and criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual
design report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning
Canyon, Stabilization, Hydrologic and Hydraulic Analyses; by Rivertech Inc, dated August 2002. The
conceptual design study identified recommended improvements to stabilize the channel reach and maintain
the riparian and alluvial characteristics of the existing stream corridor.
The proposed work effort will include a review and evaluation of the previous studies and reports that have
been completed on the project reach, refinement of the conceptual stabilization design, coordination with the
jurisdictional agencies, and development of final drawings, specifications, and estimates for the installation of
the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach,
PHASE 1A. PRELIMINARY ENGINEERING
The goal of Phase 1 is to produce documents, exhibits, backup calculations and cost estimates so that:
• Staff can confirm the validity of the preliminary plan,
• Project costs can be reliably relayed to the City Council and the Irvine Company.
Once the City has approved the preliminary documents, the Consultant submit an application to the Coastal
Commission to gain concept approval for the project.
TASK 1.0 RESEARCHIINVESTIGATIONIBASE DATA REVIEW
Upon notice to proceed, Consultant will review existing improvement drawings, studies,
record data, utilities, CONB GIS maps, and other information relevant to the project and within
and adjacent to the project area. Consultant will conduct review at the City, Caltrans, and
County. Consultant will conduct field reconnaissance study and photo log of the existing
conditions including encroachments.
TASK 2.0 FIELD SURVEY I TOPOGRAPHIC MAPPING
Consultant shall collect field survey data for the design of the proposed improvements that
• shall include the preparation of limited topographic base mapping through field survey
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methods. In addition, stream cross- sections will be obtained at critical locations. The field
survey data will be compiled to develop a topographic base map of the project area. Field
survey information will also include surface ground culture. The existing overgrowth of
vegetation severely limits the ability to efficiently survey the area; therefore, this task is a
budget item based on 60 -hours of field survey time (2- person crew), should additional
field survey/topographic mapping be required, a separate addendum will be provided.
All topography shall be electronically field data collected and detailed on a hardcopy back up
and field notes.
Data Processing and Deliverables: Consultant shall process all data and prepare all
drawings per City standards.
TASK 3.0 CONSTRAINT MAP
Based on CONB maps, an electronic version of a Constraint Map showing property lines,
ownership, relevant easements of record and other significant property rights that could affect
this project will be prepared for use by the design team.
TASK 4.0 GEOTECHNICAL INVESTIGATION
The objective of this investigation will be to assess streambed characteristics of the creek in
order to determine the potential armoring characteristics, and provide representative soil
samples for the scour analysis. The necessary personnel, equipment and materials to
perform subsurface exploration, laboratory testing and data analyses will be provided.
Depending on environmental. concerns, either grab samples or hand auger samples may be
required. Soil samples will be taken at critical areas on the subject channel reach.
A report of the findings and geotechnical recommendations for design of the project will be
prepared. Should additional geotechnical investigation be required for structure design or
adjacent development slope stability analyses, a separate addendum will be provided. The
report shall be submitted to the City for review and approval.
TASK 5.0 PRELIMINARY HYDRAULIC AND SCOUR ANALYSIS
Consultant shall provide engineering services to perform the Preliminary Hydraulic Analysis
for the Morning Canyon and the proposed drop structure improvements. The Preliminary
Hydraulic Analysis will include verification of existing floodplain hydraulics for this portion of
the creek starting with the model already developed by Rivertech and modified as necessary .
with information obtained from the research and field survey. The existing and proposed
floodplain hydraulics conditions will be modeled utilizing the Army Corps of Engineers HEC-
RAS analysis. Channel geometric characteristics, such as conveyance cross- sections,
roughness coefficients, and encroachments, will be analyzed based on Feld cross - section
information and site inspections. Potential hydraulic constraints will be investigated prior to
analyzing proposed alternative designs.
The hydraulics of multi- frequency design flows shall be investigated and the associated
hydraulic impacts assessed to determine the level of flood protection associated with the
proposed improvements. The hydraulic analysis shall extend adequate distance upstream
and downstream from the proposed project to fully evaluate the impacts to the existing
flooding. Average hydraulic parameters generated shall be utilized for the scour and
sediment transport analysis to determine additional facility protection requirements. The
scour analysis shall incorporate aggradation and degradation tendencies associated with this
portion of the creek to be determined as part of Task 6.0. The scour analysis will determine
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the scour parameters used in designing and locating the proposed drainage facilities. In
addition, the limits and extent of the required protection downstream of each grade control
structure shall be determined. Modifications to the conceptual design shall be
recommended.
The hydraulic and scour analysis shall be prepared using hydrology previously developed for
the project area.
TASK 6.0 STREAMBED STABILITY AND SEDIMENT TRANSPORT ANALYSIS
Based on the channel baseline engineering analysis for the watershed hydrology and
hydraulic conditions developed in Task 5, the Consultant shall develop alternatives for
streambed and streambank stabilization for the Morning Canyon to be maintained in a
"natural" condition. These measures will provide control for in- stream degradation or lateral
bank migration. The analysis will be based upon the preliminary stabilization measures
developed in the Rivertech, Inc. study. Stabilization measures will focus maintaining the
natural channel response in the canyon, and identifying control measures that will achieve
these conditions. Grade control structures will focus on incorporating typical resource agency
requirements and re- establishing a stabilized natural stream system. The analysis will
provide recommendations forfinal design of structural streambank protection measures. The
analysis will Identify the potential long -term and short -term modifications to the channel
streambed, potential stream impacts, and identify the areas of potential lateral bank
migration.
The Consultant shall:
• Evaluate the anticipated long -term aggradation /degradation from the river hydraulic
effects utilizing standard sediment transport relationships.
• Estimate the event -based and average annual trends expected along the canyon
considering the current sediment sources in the watershed. is
• Analyze the sediment balance for the stream by characteristic channel reaches, and
evaluating trends.
• Identify the areas and magnitudes of expected aggradation and degradation for a full
range of analyzed flood events.
• Evaluate the relative channel stability by evaluating incipient motion parameters and
the potential armoring.
A pseudo sediment routing model, such as the Department of the Army's SAM Hydraulic
Design Package for Channels program will be used to develop the long -term equilibrium
slope for the channel. The SAM computer model is a fixed bed model which is used to
estimate sediment transport trends along the subject channel. This analysis will be used to
determine the need for grade control structures and other channel stabilizing measures. The
sediment inflow hydrograph will be applied to the various sediment categories based upon
the grain size distribution. The estimated degradation and aggradation depths along the
channel profile will be plotted in profile. Sediment transport quantities as a result of the
model will be summarized.
Perform a qualitative assessment of the potential impacts to the downstream reach of
Morning Canyon below Pacific Coast Highway as a result of the proposed channel
stabilization project. Identify potential impacts and recommend additional studies, as
necessary, based on the results of the assessment.
Results, findings and recommendations for Tasks 5 and 6 shall be submitted to the City for
review and approval. This report shall include the background for the hydraulics, hydrology,
design criteria, constraints, assumptions, references, and technical calculations that will be
prepared in a suitable format acceptable for review by the jurisdictional agencies.
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9 TASK 7.0 CONCEPTUAL ACCESS ROAD ALIGNMENT AND GRADING STUDY
Consultant shall complete a conceptual access road alignment study to evaluate and
recommend a preferred roadway for the maintenance of the proposed grade control
structures. A maximum of 2 different alignments will be analyzed. The study will evaluate
the required alignment based on the physical, environmental, construction, and engineering
requirements. Preliminary grading requirements for the roadway embankment will also be
evaluated for the alternatives. A conceptual grading plan exhibit will be prepared which
illustrates the recommended design and submitted to the City for review and comment.
TASK 7.OA CREEK SECURITY STUDY
Consultant shall complete a conceptual creek security study to evaluate and recommend a
preferred method to provide fencing or other methods to prevent unauthorized access to the
creek and access roadway improvements. A conceptual security plan exhibit will be
prepared which illustrates the recommended design and submitted to the City for review and
comment.
TASK 8.0 RESTORATIONILANDSCAPE CONCEPT PLAN
Consultant shall prepare one presentation quality landscape concept plan for the project
restoration. The plan shall be prepared based on site opportunities and constraints, the
requirements of the City of Newport Beach and input on the planting palette from the project
biologist. The goals of the plan will be to incorporate the regulatory mitigation requirements
in- stream, and include the drawings within the final construction documents. The plan shall
be prepared at an appropriate scale in Autocadd on a base map of the project site prepared
by RBF.. The plan shall depict areas of exotic plant removal, areas to be re- vegetated and
planting concepts. The plan and a preliminary estimate of construction costs will be submitted
to the City for review, comment and approval.
It is assumed that re- vegetation can be achieved without the use of an automatic irrigation
system and the design of a system is excluded from this scope of work.
TASK 9.0 PRELIMINARY EXHIBITS AND SUBMITTAL TO COASTAL COMMSISON FOR
APPROVAL IN CONCEPT
Consultant shall prepare plan and profile exhibits which will consist of a Preliminary Plan for
the general layout of the proposed grade control structures, specifically focusing on the (1)
control structure layout, (2) access road alignment, and (3) and temporary and permanent
grading requirements. Conceptual layout plans will be produced at an appropriate scale
utilizing existing available topography. Additional information to be indicated on these
exhibits will include the base map data from research, facility sizes, roadway dimensions,
easements & right -of -way, and encroachments.
This task shall include preliminary cost estimates, a constructability review of the preliminary
design to assess the potential construction impacts, and prepare a value- engineering study to
determine potential modifications to the design to reduce construction impacts or project
cost. Recommended modifications will be discussed with the City, and incorporated into the
final plans as necessary.
Prepare a permit package for submittal to the CCC. Process the package for Concept
Approval. List all the elements you expect to be needed for the submittal. Adjust you budget
accordingly.
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TASK 10.0 PROJECT MANAGEMENT /PROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall include the preparation of exhibits and handouts, and attendance at one public
meeting to be set up by the City.
PHASE 1 B — ENVIRONMENTAL ASSESSMENT AND PERMIT PROCESSING
TASK 11.0 JURISDICTIONAL DELINEATION AND REPORT PREPARATION
Consultant will perform a jurisdictional delineation to determine jurisdictional "waters of the
United States,' including wetlands (if present), located within the boundaries of the proposed
project. This task also includes a biologic constraints survey (prepared by LSA Associates),
to aid in the limits of the jurisdictional delineation. The delineation will result in a
determination of the ordinary high water mark(s) (OHWM) within the project site and indicate
the existence of any adjacent wetlands not within the jurisdictional ordinary high water mark.
The actual presence or absence of wetlands on -site will be verified through the determination
of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to
the 1987 Army Corps of Engineers (ACOE) Wetland Delineation Manual.
Using detailed mapping of the project area, Consultant shall prepare a jurisdiction delineation
map and technical letter report detailing the results of the field delineation. Consultant will
provide an assessment of acreage considered by the Army Corps of Engineers (ACOE) and
the California Department of Fish and Game (CDFG) to be jurisdictional "Waters of the United
States."
TASK 12.0 PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with the Army Corps of Engineers (ACOE),
the California Department of Fish and Game (CDFG), and the Regional Water Quality
Control Board (RW QCB) at the appropriate time to discussion potential permitting strategies
available for the proposed project, including mitigation expectations. It is crucial to obtain
feedback from the regulatory agencies prior to any vegetation removal on -site. RBF has
found these Pre - Application Field Meetings to be extremely beneficial with regards to
streamlining the permitting process.
TASK 13.0 COASTAL COMMISSION PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with representatives from the Coastal
Commission - South Coast District Office to discuss potential permitting needs for the
Morning Canyon streambed within the Coastal Zone. Prior to setting up the field meeting.
RBF will provide a conceptual plan showing access to the canyon, an estimate for the
quantity of vegetation that will be removed, and the method of removal. At the field meeting,
RBF and the Coastal Commission will discuss the following key elements to move forward
with the design aspects of the project:1) the permitting approach to formally identify the
Coastal Commission's application requirements, 2) alternatives for disposing the removed
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vegetation, 3) mitigation requirements (i.e. on -site or off -site habitat restoration, interim
erosion control, or participation in other Coastal Commission restoration activities, etc.) and
4) a formal request that mitigation associated with survey activities (if required) be tied to the
construction mitigation that will be conditioned under the final CDP.
PHASE 2 — FINAL DRAWINGS, SPECIFICATIONS AND ESTIMATES
Phase 2 includes the final design of the recommended improvements developed in Phase 1, and will not
proceed without prior City approval.
TASK 14.0 FINAL HORIZONTAL & VERTICAL ALIGNMENT
Provide engineering services to perform calculations for the final horizontal and vertical
alignment of the proposed grade control structures and channel improvements. This shall
include the development of construction centerline for the finalized access road and channel
facilities. Construction stationing developed from the horizontal and vertical alignment
calculations. Precise coordinates shall be determined for the location of the proposed
facilities. A horizontal control plan shall be produced which provides the survey control data
for critical points on the proposed improvements.
TASK 15.0 MORNING CANYON IMPROVEMENT DRAWINGS
The consultant shall prepare improvement drawings for the stabilization of Morning Canyon
Channel from north of Pacific Coast Highway to the Pelican Hills Golf Course. The proposed
improvements will be based on the approved Preliminary Design Study completed in Phase
1A. This task is based on the construction of 4 gabion drop structures and 2 groins located
along an approximately 800 foot reach of channel. If during the course of design review it is
determined that modifications are required to the original concepts, then this redesign will be
accomplished through a separate addendum to the Client.
This work item is based on the preparation of one set of Morning Canyon Channel
improvement drawings. The construction drawings will include cover and general note
sheets, channel plan and profile, grade control structure sections and details, grading, lateral
profiles, and quantities on standard City of Newport Beach format prepared at a scale of
1 "=40' or 1 " =20'.
TASK 16.0 ACCESS ROAD DESIGN DRAWINGS
Provide final engineering services for the preparation of construction drawings for the
Morning Canyon access roadway. The roadway alignment and configuration will be based on
the preferred alternative developed as part of the "Conceptual Access Road Alignment and
Grading Study" completed in Phase 1A. The roadway drawings will be processed for
approval through the agencies as part of the Morning Canyon Improvement Drawings. This
work item includes the preparation of plan and profiles, grading, and associated details
necessary for the construction of the access roadway at a scale of 1 °=40' or 1 " =20' on
standard City of Newport Beach format. It is assumed for this task that retaining walls will not
be required for the construction of the access road.
TASK 17.0 RESTORATIONLANDSCAPE IMPROVEMENT DRAWINGS
Consultant shall prepare one set of final landscape construction drawings, specifications and
cost estimates in sufficient form and detail to obtain approval from the Coastal Commission,
the US Army corps of Engineers and the City. The drawings shall be prepared based on the
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approved landscape concept plan prepared under Task 8. The drawings will be prepared at
an appropriate scale on base maps of the project site prepared by RBF. The drawings will
include plant removal drawings, a planting drawing, one planting detail sheet and
specifications for planting.
TASK 18.0 FINAL HYDRAULICS AND SEDIMENT TRANSPORT ANALYSIS
Consultant shall prepare a final hydraulic and sediment transport analysis of the proposed
channel improvements indicated on the construction drawings. The final design water
surface generated shall also be indicated on the drawings. All hydraulics studies shall be
completed in conformance with the latest available design, drafting, and policy and procedure
manuals of the City of Newport Beach, and the County of Orange.
This task includes the preparation of a "Final Channel Hydraulics " which will serve as
documentation of the final engineering design and associated technical analysis to support
the Morning Canyon channel design. The report shall update the preliminary report including
the backup data regarding final hydraulics, hydrology, existing facility data, design criteria,
specific design requirements, design constraints, assumptions, quantity and cost estimate
support, and all engineering calculations or analysis.
TASK 19.0 FINAL COST ESTIMATE
Prepare a final estimate of construction quantities and costs based upon the channel,
roadway, and landscape drawings utilizing current City cost data and the latest edition of
Caltrans Contract Cost Data book, and compare to established project budget.
TASK 20.0 SPECIAL PROVISIONS >
Consultant shall develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included in the City's
standard contract documents. City will prepare the upfront "boiler plate" portions of the
contract documents (e.g. general provisions, contract requirements, notice to contractors,
etc.).
As needed, specifications shall include specific NPDES stormwater provisions the contractor
will need to implement. There should also be discussion on nuisance flow diversion during
construction.
TASK 21.0 ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION
Assuming the Proiect will Require a Nationwide Permit: Consultant will prepare a submittal
package for a Army Corps of Engineers Permit to satisfy the requirements of Section 404 of
the-Clean Water Act. It is assumed under this task that authorization to proceed from the
Corps can be achieved by using a Nationwide Permit (NWP). Nationwide Permit refers to a
type of general permit which authorizes typical activities on a nationwide basis. Based on our
preliminary assessment of the site conditions, including our current understanding of the
project's funding constraints, RBF believes that the project can be authorized under NWP 3,
Maintenance Activities. Critical elements for this NWP are paraphrased below:
"The repair, rehabilitation, orreplacement of anypreviously authorized, currentlyserviceable,
structure, or fill, or any currently serviceable structure or fill, provided that the structures orfill
is not to be put to uses differing from those uses specified or contemplated for it in the
original permit or the most recently authorized modification. This NWP authorizes the repair,
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rehabilitation, or replacement of those structures or rills destroyed or damaged by storms,
floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their
destruction ordamage. In cases of catastrophic events, such as hurricanes ortomadoes, this
two year limit may be waived by the District Engineer, provided the permittee can
demonstrate funding, contract, or other similar delays."
Consultant will initially consult with the ACOE and request that the two year limitation for
NWP 3 be waived due to previous project funding delays. Should it be determined by the
Corps that an Individual Permit (IP) would be required for the proposed activities instead of a
NWP, the Client shall be notified and work shall continue based on a separate addendum or
on a time and materials basis, subject to Client approval.
The submittal package will include: a) 404 permit application standard form, b) vicinity map,
c) project description, d) jurisdictional delineation report, e) biology report, f) cultural
resources report, g) geology report, and h) site photos. Should this amount be exceeded, the
Client shall be notified and work shall continue based on a separate addendum or on a time
and materials basis, subject to Client approval.
TASK 22.0 CALIFORNIA DEPARTMENT OF FISH AND GAME 1600 PERMIT APPLICATION
Consultant will prepare an application submittal package for the CDFG 1600 Agreement for
Streambed Alteration (also known as a Streambed Alteration Agreement). The submittal
package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d)
jurisdictional delineation map, and (e) site photos. This task does not include the permit filing
fee, which can range up to $1,390.50 depending on the construction cost of the proposed
project.
TASK 23.0 REGIONAL WATER QUALITY CONTROL BOARD SECTION 401 WATER QUALITY
CERTIFICATION
Consultant will prepare a submittal to secure a Water Quality Certification from the State
pursuant to Section 401 of the Clean Water Act. This certification is necessary prior to the
Corps concurring with discharges of fill material under the Corps permit process. This task
does not include the permit filing fee, typically $2,250.
TASK 24.0 RESOURCE AGENCY PERMIT PROCESSING
Provide regulatory services for the processing of the permits through the Army Corps of
Engineers, the California Department of Fish and Game, and the Regional Water Quality
Control Board. The processing shall include required correspondence or telephone calls
between the reviewing staff related to the permit or points of clarification and coordination
with the biological consultant, if necessary. This item includes any meetings with the
reviewing staff of the resource agencies during the review process. The fee associated with
this work is a budget amount since it is difficult to anticipate the processing requirements. A
budget amount of 35 hours has been allocated for this work item. Should this amount be
exceeded, especially due to the Corps' or CDFG's requirement for mitigation, then the Client
shall be notified and work shall continue based on a separate addendum or a time and
materials basis, subject to Client approval.
TASK 25.0 COASTAL DEVELOPMENT PERMIT APPLICATION FOR CONSTRUCTION
ACTIVITIES
RBF shall prepare the CDP application based on input from the Coastal Commission and City
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of Newport Beach. At a minimum, the following items will be included with the CDP
application:
• Proof of applicant's interest in the property
• Assessor's Parcel Map(s) showing the proposed development site and all adjacent
properties within 1 00' of the property boundary
• Stamped envelopes addressed to neighboring property owners and occupants and
other interested parties and a list of the same
• Vicinity Map
• Two sets of project drawings, site plans, and other applicable drawings.
• Copy of environmental documents if prepared forthe project and any comments and
responses
• Verification of all other permits, permissions or approvals applied for or granted by
public agencies
• Copy of Geology or soils report
• Local approval of the project
• Notice of Pending Permit to be posted in a conspicuous place
• Filing Fee
This task includes the application of one coastal development permit for the project
construction. Should additional permits be necessary for the completion of design services,
then this work can be accomplished through a separate addendum for an additional fee.
TASK 26.0 COORDINATION FOR PROCESSING OF COASTAL DEVELOPMENT PERMITS
RBF will coordinate the processing of the CDP application with the Coastal Commission, City
of Newport Beach and other consultants. Interagency coordination should be initiated with
the other regulatory agencies (Army Corps of Engineers, California Dept, of Fish and Game,
Regional Water Quality Control Board, etc.) as soon as possible to ensure that the CDP
applications address the jurisdictional needs of the Coastal Commission. This item includes
any meetings (excluding the pre - application field meeting) with the Coastal Commission staff,
Client or consultants to review the CDP applications, respond to comments and discuss the
proposed conditions of approval. Projects considered by the staff to be consistent with the
California Coastal Act will be placed on the consent calendar for the next available Coastal
Commission hearing for approval. Two representatives from RBF will attend one public
hearing with the Coastal Commission. A budget amount of 80 hours has been allocated for
this task. If a second hearing is required (i.e. if the design survey activities are separated
from the construction activities and two separate CDP applications are required), the Client
shall be notified and the second hearing will be authorized under a separate work request.
TASK 27.0 CONTROL SURVEY AND PROPERTY LINE RESEARCH AND INVESTIGATION
Consultant will review the preliminary title reports for each of the subject lots as furnished by
the City and conduct research with the County of Orange, City of Newport Beach and local
agencies to obtain recorded maps and documents pertaining to the land boundaries and
survey monumentation. Prior to performing the field survey, the Consultant shall confer with
the City Surveyor to ascertain performance guidelines and requirements. Field surveying will
be performed to tie and adjust the existing local project control system to the published
horizontal and vertical control.
Field investigation will include verification of the sufficiency of existing survey monumentation
to support the final boundary determination survey.
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Additional survey measurements and analysis will be performed to test the accuracy of the
existing topographic mapping, and to tie pertinent improvements as needed to define the new
facility locations.
TASK28.0 MONUMENT PRESERVATION
Consultant shall locate, tie out and prepare pre - construction Comer Records for the existing
monumentation that will be destroyed during the construction phase. Upon completion of
construction and acceptance of improvements by the city, consultant will re-set the destroyed
monumentation and file post - construction Comer Records.
TASK 29.0 LEGAL DESCRIPTIONS AND EXHIBITS
Legal descriptions and exhibit maps will be prepared for use in properly rights acquisitions
between the City and homeowners. The type of property rights to be acquired will range from
temporary construction easements to drainage easements, access easement, the vacation of
existing easement no longer necessary and others items as may be needed to complete
subject project. A total of 35 legal descriptions and exhibits are anticipated and included in
this task. Additional legal descriptions and exhibits will be prepared under a separate
addendum.
TASK 30.0 PROJECT MANAGEMENT/PROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall also include a budget amount of 20 hours to assist the City with the
preparation of CEQA documents.
SCOPE ASSUMPTIONS:
GENERAL
1. Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
2. ' NPDES permit requirements and stormwater pollution prevention plan (SWPPP) V ill
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase II hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
S. This scope of work does not include any specialty environmental mitigation
measures such as soundwalls or off -site landscape modifications. Any specialty
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mitigation measures requiring implementation as a result of the approved
environmental document will be negotiated separately with the Client.
6. One Public Meeting /presentation is included in the Phase 1A, Task 10 scope of
work.
7. All permit application /processing fees to be paid by the City.
8. Authorization for access to private properties for Consultant to complete field
reviews /surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQA
documents.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
included in the geotechnical fees. The Client will be notified immediately if
hazardous materials or waste are encountered during the field investigation.
RIGHT -OF -WAY
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
ESCALATION
14. An annual escalation factor of a maximum five percent may be assessed for all
design or construction support work performed after March 31, 2005. Consultant
shall provide the City written justification for any proposed increase.
PROPOSAL SCOPE AND FEE Revision Date:?J25r.W4
MORNING CANYON CHANNEL IMPROVEMENTS
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0 EXHIBIT "B"
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CITY OF NEWPORT BEACH
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
COMPENSATION
Client agrees to compensate Consultant for the work outlined in Exhibit "A" in accordance
with the schedule identified below:
PHASE 1A
1.0
Research /Investigation /Base Data Review
$ 3,500.00
2.0
Field Survey/ Topographic Mapping
16,100.00
3.0
Constraint Map
2,300.00
4.0
Geotechnical Investigation
8,100.00
5.0
Preliminary Hydraulic and Scour Analysis
10,530.00
6.0
Streambed Stability and Sediment Transport Analysis
12,000.00
7.0
Conceptual Access Road Alignment and Grading Study
6,300.00
7.OA
Creek Security Study
5,000.00
8.0
Restoration /Landscape Concept Plan
3,500.00
9.0
Preliminary Plan Exhibits and Design Study
12,660.00
10.0
Project Management/Project Coordination
10.450.00
Phase 1A Professional Fee
Reimbursable Budget
$ 90,440.00
3.000.00
Revision Date:2/252004
MORNING CANYON
CHANNEL IMPROVEMENTS
Phase 1A Subtotal
$93,440.00
PHASE 1B
11.0 Jurisdictional Delineation and Report Preparation $ 5,300.00
12.0 Pre - Application Field Meeting 1,240.00
13.0 Coastal Commission Pre- Application Meeting 2.300.00
Phase 1 B Subtotal $ 8,840.00
Reimbursable Budget 2.000.00
Phase 113 Subtotal $9,840.00
PHASE 2
14.0
Final Horizontal and Vertical Alignment
$ 1,800.00
15.0
Morning Canyon Improvement Drawings
27,800.00
16.0
Access Road Design Drawings
8,340.00
17.0
Restoration /Landscape Improvement Drawings
3,400.00
18.0
Final Hydraulics and Sediment Transport Analysis
6,840.00
19.0
Final Cost Estimate
3,340.00
20.0
Special Provisions,
6,900.00
21.0
Army Corps of Engineers 404 Permit Application
2,280.00
22.0
California Department of Fish and Game 1600 Permit Application
1,600.00
23.0
RWQCB Section 401 Water Quality Certification
1,550.00
24.0
Resource Agency Permit Processing
3,600.00
PROPOSAL SCOPE AND FEE
Revision Date:2/252004
MORNING CANYON
CHANNEL IMPROVEMENTS
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CITY OF NEWPORT BEACH
25.0 Coastal Development Permit Application for Construction Activities
26.0 Coordination for Processing of Coastal Development Permit
27.0 Control Surrey and Property Line Research and Investigation
28.0 Monument Preservation
29.0 Legal Descriptions and Exhibits
30.0 Project Management/Project Coordination
Phase 2 Subtotal
Reimbursable Budget
Phase 2 Subtotal
Total
3,840.00
10,290.00
9,000.00
4,000.00
37,500.00
10.290.00
$142,370.00
5.000.00
$147,370.00
$ 250,650.00
Progress billings will be forwarded to the Client and will include the fees earned for the billing period
plus all direct costs advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
Term of Contract
March 1, 2004 to March 31, 2005
PROPOSAL SCOPE AND FEE Revision Date22&=4
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MEMORANDUM OF INTENT
This non - binding Memorandum of Intent (MOI), dated the day of
between the City of Newport Beach (City) and
the owner(s) of property located at
(the Property) is based on the following:
A. The Property is improved with a single family residence and the
rear yard slopes to the bottom of a stream bed and associated
riparian area commonly known as Morning Canyon (the term
"Morning Canyon" as used in this MOI refers to the streambed
and slopes that are depicted in Exhibit A).
B. Morning Canyon has been subject to erosion which has the
potential to cause slope failures due to scouring at the toe of the
slope.
C. The Morning Canyon streambed and adjacent riparian area is
dominated by non- native species and has been the subject of
numerous private improvements that have altered the natural
character of the area.
D. The City and the Owner agree that the cause of the erosion, and
the legal responsibility for maintaining the streambed, would be
difficult to ascertain and any determination of responsibility
would involve considerable time and expense on the part of both
the Owner and the City.
E. The City is, subject to an expression of support from the Owner
through the execution of this MOI, willing to expend
approximately $250,000 to retain consultants for the purpose of
preparing biological and geotechnical assessments, designs,
drawings, specifications and permit applications for a Morning
Canyon Restoration Program that is more thoroughly described
is Exhibit B (Program).
F. The key components of the Program - which have been the
subject of consultant analysis performed prior to this MOI - are:
0
(1) The installation of natural rock stabilizers in the
streambed that are designed to protect the canyon from
dangerous erosion from storms up to the "100 year" event;
(2) The installation of other surface or subsurface erosion
control devices;
(3) The removal of non - native vegetation;
(4) The planting of native species;
(5) The perpetual maintenance of the stabilization and
erosion control structures and the native landscaping.
G. The City would, to implement the Program, be required to obtain
from the every owner of property adjacent to Morning Canyon an
easement to construct an access road for construction
equipment, grading, stockpiling materials and grading spoils and
planting native vegetation.
H. The City would, to maintain Program improvements, be required
to..obtain from every owner of property adjacent to Morning
Canyon an access easement across a portion to maintain the
structures and landscaping.
I. The City would, to maximize the benefits of the Morning Canyon
Restoration Program, be required to enforce irrigation and
planting guidelines that would minimize the amount of irrigation
water that drained from the Property into the streambed and to
prevent exotic species from interfering with the native species.
J. The City presently intends, subject to receipt, at no cost to the
City, of all easements necessary to implement and maintain the
Program, to seek and obtain all permits and prepare all
environmental documents that are prerequisites to the
implementation of the Program.
K. The City presently intends, again subject to receipt, at no cost to
the City, of all easements necessary to implement and maintain
the Program, to construct the Program at its sole cost and
expense and to maintain all. Program improvements in perpetuity
at its sole cost and expense.
IN LIGHT OF THE FOREGOING
Owner expresses his /her /their present intent to grant to the City,
without consideration other than the City's construction and
maintenance of the Program at its sole cost and expense, easements
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across, over and under the Property to the extent necessary to allow City
to construct and maintain Program improvements.
City, subject to execution of this MOI by all owners of Property
along Morning Canyon, will retain consultants to prepare plans and
specifications for the Program in sufficient detail to allow the submittal of
applications for all necessary permits and the preparation of all necessary
environmental documents. Assuming that all permits are issued, the City
presently intends to seek easements from all owners of Property along
Morning Canyon that provide the City with all rights necessary to
construct and maintain Program improvements in perpetuity. Assuming
City receives all necessary easements and permits, the City presently
intends to proceed to budget funds to construct Program improvements,
initiate the public contract bidding process, award a construction
contract to the lowest responsible bidder and proceed with construction
of Program improvements. The City acknowledges that Owners execution
of this MOI does not constitute a binding commitment to grant City any
easement relative to Morning Canyon or the Program. City also
acknowledges that, while City is expending funds in reliance on the
execution of this MOI by all owners of property along Morning Canyon,
City has no right to recover all or a portion of the funds expended from
any owner of property along Morning Canyon.
0
Address
Owner Date
Owner Date
City Manager
,0
Of y of Newport Bead, NO. BA- 038
BUDGET AMENDMENT
2003 -04 AMOUNT:1 $250,650.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
Ix from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations related to the Upper Moming Canyon Channel Project.
ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Fund Account Description
010 3605 General Fund Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7012 General Fund - Drainage
Account Number C5100750 Upper Morning Canyon Channel
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed: iv
Financial Approval: Administrative
Administrative Services Director
Signed: �
Administrative pproval: City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$250,650.00
$250,650.00
Date
D e
Date
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING
FOR MORNING CANYON STABILIZATION PROJECT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT,
entered into this day of , 2005, by and between the CITY
OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
RBF CONSULTING, whose address is 14725 Alton Parkway, Irvine, Calfiornia, 92618-
2027, (hereinafter referred to as "Consultant "), is made with reference to the following:
RECITALS
A. On March 9, 2004, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement ", to prepare a
stream stability study of Morning Canyon (Task 1) and to prepare
construction and environmental documents, permits and easement
docuements (Task 2), hereinafter referred to as "Project ". Only Task 1
services were authorized to be performed under the original agreement.
This Agreement is scheduled to expire on March 31, 2005.
B. City desires to enter into this Amendment No. 1 to perform Phase 2
services and to extend the term of the Agreement to June 30, 2007.
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, the parties hereto agree as follows:
Consultant shall be compensated for services performed pursuant to this
Amendment No. 1 according to "Exhibit A" dated February 17, 2005
attached hereto.
Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed One Hundred Forty -Eight Eight Hundred Seventy
Thousand Dollars ($148,870).
3. The term of the Agreement shall be extended to June 30, 2007
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
1 on the date first above written.
APPROVED AS TO FORM:
Robin Clauson,
City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachment: Exhibits A and B
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
RBF CONSULTING
By:
John McCarthy
Vice President
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EXHIBIT "A"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
SCOPE OF WORK
March 16, 2005
GENERAL DESCRIPTION
of NeWUOff Beach
The Scope of Work provided is for the review of conceptual design studies, and the development of a final
PS &E package for the stabilization of Morning Canyon from Pack Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed in
accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards and
criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual design
report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning Canyon,
Stabilization, Hydrologic and Hydraulic Analyses," by Rivertech Inc, dated August 2002. The conceptual design
study identified recommended improvements to stabilize the channel reach and maintain the riparian and
alluvial characteristics of the emsting stream corridor.
The proposed work effort will include a review and evaluation of the previous studies and reports that have been
completed on the project reach, refinement of the conceptual stabilization design, coordination with the
jurisdictional agencies, and development of final drawings, specifications, and estimates for the installation of
the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach.
PHASE 2 — FINAL DRAWINGS, SPECIFICATIONS AND ESTIMATES
Phase 2 includes the final design of the recommended improvements developed in Phase 1, and will not
proceed without prior City approval.
TASK 14.0 FINAL HORIZONTAL & VERTICAL ALIGNMENT
Provide engineering services to perform calculations for the final horizontal and vertical
alignment of the proposed grade control structures and channel improvements. This shall
include the development of construction centerline for the finalized access road and channel
facilities. Construction stationing developed from the horizontal and vertical alignment
calculations. Precise coordinates shall be determined for the location of the proposed
facilities. A horizontal control plan shall be produced which provides the survey control data
for critical points on the proposed improvements.
TASK 15.0 MORNING CANYON IMPROVEMENT DRAWINGS
The consultant shall prepare improvement drawings for the stabilization of Morning Canyon
Channel from north of Pacific Coast Highwayto the Pelican Hills Golf Course. The proposed
improvements will be based on the approved Preliminary Design Study completed in Phase
1A. This task is based on the construction of 4 gabion drop structures and 2 groins located
PROPOSAL SCOPE AND FEE Red sion Data:3116/2005
MORNING CANYON CHANNEL IMPROVEMENTS
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City of Newport Beach
along an appropmately 800 foot reach of channel. If during the course of design review it is
determined that modifications are required to the original concepts, then this redesign will be
accomplished through a separate addendum to the Client.
This work item is based on the preparation of one set of Morning Canyon Channel
improvement drawings. The construction drawings will include cover and general note
sheets, channel plan and profile, grade control structure sections and details, grading, lateral
profiles, and quantities on standard City of Newport Beach format prepared at a scale of
1 " =40' or 1"=20'.
TASK 16.0 ACCESS ROAD DESIGN DRAWINGS
Provide final engineering services for the preparation of construction drawingsforthe Morning
Canyon access roadway. The roadway alignment and configuration will be based on the
preferred alternative developed as part of the "Conceptual Access Road Alignment and
Grading Study" completed in Phase 1A. The roadway drawings will be processed for approval
through the agencies as part of the Morning Canyon Improvement Drawings. This work item
includes the preparation of plan and profiles, grading, and associated details necessaryforthe
construction of the access roadway at a scale of 1 " =40' or 1 " =20' on standard City of Newport
Beach format. It is assumed for this task that retaining walls will not be required for the
construction of the access road.
TASK 17.0 RESTORATION LANDSCAPE IMPROVEMENT DRAWINGS
Consultant shall prepare one set of final landscape construction drawings, specifications and
cost estimates in sufficient form and detail to obtain approval from the Coastal Commission,
the US Army corps of Engineers and the City. The drawings shall be prepared based on the
approved landscape concept plan prepared under Task 8. The drawings will be prepared at
an appropriate scale on base maps of the project site prepared by RBF. The drawings will
include plant removal drawings, a planting drawing, one planting detail sheet and
specifications for planting.
TASK 18.0 FINAL HYDRAULICS AND SEDIMENT TRANSPORT ANALYSIS
Consultant shall prepare a final hydraulic and sediment transport analysis of the proposed
channel improvements indicated on the construction drawings. The final design water surface
generated shall also be indicated on the drawings. All hydraulics studies shall be completed in
conformance with the latest available design, drafting, and policy and procedure manuals of
the City of Newport Beach, and the County of Orange.
This task includes the preparation of a "Final Channel Hydraulics " which will serve as
documentation of the final engineering design and associated technical analysis to support the
Morning Canyon channel design. The report shall update the preliminary report including the
backup data regarding final hydraulics, hydrology, ebsting facility data, design criteria, speck
design requirements, design constraints, assumptions, quantityand cost estimate support, and
all engineering calculations or analysis.
TASK 19.0 FINAL COST ESTIMATE
Prepare a final estimate of construction quantities and costs based upon the channel,
roadway, and landscape drawings utilizing current City cost data and the latest edition of
Caltrans Contract Cost Data book, and compare to established project budget.
PROPOSAL SCOPE AND FEE ReNsion Dats:3/16=5
MORNING CANYON CHANNEL IMPROVEMENTS
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0 TASK 20.0 SPECIAL PROVISIONS
Consultant shall develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included in the City's
standard contract documents. City will prepare the upfront "boiler plate" portions of the
contract documents (e.g. general provisions, contract requirements, notice to contractors,
etc.).
As needed, specifications shall include speck NPDES stormwater provisions the contractor
will need to implement. There should also be discussion on nuisance flow diversion during
construction.
TASK 21.0 ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION
Assuming the Proiect will Reguire a Nationwide Permit: Consultant will prepare a submittal
package for a Army Corps of Engineers Permit to satisfy the requirements of Section 404 of
the Clean Water Act. It is assumed under this task that authorization to proceed from the
Corps can be achieved by using a Nationwide Permit (NWP). Nationwide Permit refers to a
type of general permit which authorizes typical activities on a nationwide basis. Based on our
preliminary assessment of the site conditions, including our current understanding of the
project's funding constraints, RBF believes that the project can be authorized under NWP 3,
Maintenance Activities. Critical elements for this NWP are paraphrased below:
'The repair, rehabilitation, orreplacement of anypreviously authorized, currently serviceable,
structure, or fill, or any currently serviceable structure or fill, provided that the structures orfiil
is not to be put to uses differing from those uses specified or contemplated for it in the original
permit or the most recently authorized modification. This NWP authorizes the repair,
rehabilitation, or replacement of those structures or fills destroyed or damaged by storms,
floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their
destruction ordamage. In cases of catastrophic events, such as hurricanes ortomadoes, this
two year limit may be waived by the District Engineer, provided the pennittee can demonstrate
funding, contract or other similar delays."
Consultant will initially consult with the ACOE and request that the two year limitation for NWP
3 be waived due to previous project funding delays. Should it be determined by the Corps that
an Individual Permit (IP) would be required for the proposed activities instead of a NWP, the
Client shall be notified and work shall continue based on a separate addendum or on a time
and materials basis, subject to Client approval.
The submittal package will include: a) 404 permit application standard form, b) vicinity map, c)
project description, d) jurisdictional delineation report, e) biology report, f) cultural resources
report, g) geology report, and h) site photos. Should this amount be exceeded, the Client shall
be notified and work shall continue based on a separate addendum or on a time and materials
basis, subject to Client approval.
TASK 22.0 CALIFORNIA DEPARTMENT OF FISH AND GAME 1600 PERMIT APPLICATION
Consultant will prepare an application submittal package for the CDFG 1600 Agreement for
Streambed Alteration (also known as a Streambed Alteration Agreement). The submittal
'package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d)
jurisdictional delineation map, and (e) site photos. This task does not include the permit filing
fee, which can range up to $1,390.50 depending on the construction cost of the proposed
project.
PROPOSAL SCOPE AND FEE Revision Date 3116/2005
MORNING CANYON CHANNEL IMPROVEMENTS
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CITY OF NEWPORT BEACH
TASK 23.0 REGIONAL WATER QUALITY CONTROL BOARD SECTION 401 WATER QUALITY
CERTIFICATION
Consultant will prepare a submittal to secure a Water Quality Certification from the State
pursuant to Section 401 of the Clean Water Act. This certification is necessary prior to the
Corps concurring with discharges of fill material under the Corps permit process. This task
does not include the permit filing fee, typically $2,250.
TASK 24.0 RESOURCE AGENCY PERMIT PROCESSING
Provide regulatory services for the processing of'the permits through the Army Corps of
Engineers, the California Department of Fish and Game, and the Regional Water Quality
Control Board. The processing shall include required correspondence or telephone calls
between the reviewing staff related to the permit or points of clarification and coordination with
the biological consultant, if necessary. This item includes any meetingswith the reviewing staff
of the resource agencies during the review process. The fee associated with this work is a
budget amount since it is difficult to anticipate the processing requirements. A budget amount
of 35 hours has been allocated for this work item. Should this amount be exceeded,
especially due to the Corps' or CDFG's requirement for mitigation, then the Client shall be
notified and work shall continue based on a separate addendum or a time and materials basis,
subject to Client approval.
TASK 25.0 COASTAL DEVELOPMENT PERMIT APPLICATION FOR CONSTRUCTION ACTIVITIES
RBF shall prepare the CDP application based on input from the Coastal Commission and City
of Newport Beach. At a minimum, the following items will be included with the CDP
application:
• Proof of applicant's interest in the property
• Assessor's Parcel Map(s) showing the proposed development site and all adjacent
properties within 100' of the property boundary
• Stamped envelopes addressed to neighboring property owners and occupants and
other interested parties and a list of the same
• Vicinity Map
• Two sets of project drawings, site plans, and other applicable drawings.
• Copy of environmental documents if prepared for the project and any comments and
responses
• Verification of all other permits, permissions or approvals applied for or granted by
public agencies
• Copy of Geology or soils report
• Local approval of the project
• Notice of Pending Permit to be posted in a conspicuous place
• Filing Fee
This task includes the application of one coastal development permit for the project
construction. Should additional permits be necessary for the completion of design services,
then this work can be accomplished through a separate addendum for an additional fee.
TASK 26.0 COORDINATION FOR PROCESSING OF COASTAL DEVELOPMENT PERMITS
PROPOSAL SCOPE AND FEE ReNsion Date.31162M5
MORNING CANYON CHANNEL IMPROVEMENTS
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CITY OF NEWPORT BEACH
10 RBF will coordinate the processing of the CDP application with the Coastal Commission, City
of Newport Beach and other consultants. Interagency coordination should be initiated with the
other regulatory agencies (Army Corps of Engineers, Cafrfomia Dept. of Fish and Game,
Regional Water Quality Control Board, etc.) as soon as possible to ensure that the CDP
applications address the jurisdictional needs of the Coastal Commission. This item includes
any meetings (excluding the pre - application field meeting) with the Coastal Commission staff,
Client or consultants to review the CDP applications, respond to comments and discuss the
proposed conditions of approval. Projects considered by the staff to be consistent with the
California Coastal Act will be placed on the consent calendar for the next available Coastal
Commission hearing for approval. Two representatives from RBF will attend one public
hearing with the Coastal Commission. A budget amount of 80 hours has been allocated for
this task. If a second hearing is required (i.e. if the design survey activities are separated from
the construction activities and two separate CDP applications are required), the Client shall be
notified and the second hearing will be authorized under a separate work request.
TASK 27.0 CONTROL SURVEY AND PROPERTY LINE RESEARCH AND INVESTIGATION
Consultant will review the preliminary title reports for each of the subject lots as furnished by
the City and conduct research with the County of Orange, City of Newport Beach and local
agencies to obtain recorded maps and documents pertaining to the land boundaries and
survey monumentation. Prior to performing the field survey, the Consultant shall confer with
the City Surveyor to ascertain performance guidelines and requirements. Field surveying will
be performed to tie and adjust the existing local project control system to the published
horizontal and vertical control.
Field investigation will include verification of the sufficiency of existing survey monumentation to
support the final boundary determination survey.
Additional survey measurements and analysis will be performed to test the accuracy of the
existing topographic mapping, and to tie pertinent improvements as needed to define the new
facility locations.
TASK 28.0 MONUMENT PRESERVATION
Consultant shall locate, tie out and prepare pre - construction Corner Records for the existing
monumentation that will be destroyed during the construction phase. Upon completion of
construction and acceptance of improvements by the city, consultant will re -set the destroyed
monumentation and file post- construction Corner Records.
TASK 29.0 LEGAL DESCRIPTIONS AND EXHIBITS
Legal descriptions and exhibit maps will be prepared for use in property rights acquisitions
between the City and homeowners. The type of property rights to be acquired will range from
temporary construction easements to drainage easements, access easement, the vacation of
existing easement no longer necessary and others items as may be needed to complete
subject project. A total of 35 legal descriptions and exhibits are anticipated and included in this
task. Additional legal descriptions and exhibits w01 be prepared under a separate addendum.
TASK 30.0 PROJECT MANAGEMENT/PROJECT COORDINATION
PROPOSAL SCOPE AND FEE Revision DaIaW162005
MORNING CANYON CHANNEL IMPROVEMENTS
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CITY OF NEWPORT BEACH
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall also include a budget amount of 20 hours to assist the Citywith the preparation
of CEQA documents.
SCOPE ASSUMPTIONS:
GENERAL
1. Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
2. NPDES permit requirements and stormwater pollution prevention plan (SWPPP) will
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase II hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
5. This scope of work does not include any specialty environmental mitigation measures
such as soundwalls or off -site landscape modifications. Any specialty mitigation
measures requiring implementation as a result of the approved environmental
document will be negotiated separately with the Client.
6. One Public Meeting /presentation is included in the Phase 1 A, Task 10 scope of work.
7. All permit application /processing fees to be paid by the City.
8. Authorization for access to private properties for Consultant to complete field
reviews/surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQAdocuments.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
included in the geotechnical fees. The Client will be noted immediately if hazardous
materials or waste are encountered during the field investigation.
PROPOSAL SCOPE AND FEE Revision Date:31162005
MORNING CANYON CHANNEL IMPROVEMENTS
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9 RIGHT -OF -WAY
CITY OF NEWPORT
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
ESCALATION
14. An annual escalation factor of a mapmum five percent maybe assessed for all
design or construction support work performed after March 31, 2005. Consultant
shall provide the City written justification for any proposed increase.
- PROPOSAL SCOPE AND FEE ReNsion Date:31162005
MORNING CANYON CHANNEL IMPROVEMENTS
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CITY OF NEWPORT BEACH
EXHIBIT "B"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10403181
COMPENSATION
Client agrees to compensate Consultant for the work outlined in Exhibit "A" in accordance
with the schedule identified below:
PHASE 2
14.0
Final Horizontal and Vertical Alignment
$ 1,800.00
15.0
Morning Canyon Improvement Drawings
27,800.00
16.0
Access Road Design Drawings
8,340.00
17.0
Restoration /Landscape Improvement Drawings
3,400.00
18.0
Final Hydraulics and Sediment Transport Analysis
6,840.00
19.0
Final Cost Estimate
3,340.00
20.0
Special Provisions
6,900.00
21.0
Army Corps of Engineers 404 Permit Application
3,780.00
22.0
California Department of Fish and Game 1600 Permit Application
1,600.00
23.0
RWQCB Section 401 Water Quality Certification
1,550.00
24.0
Resource Agency Permit Processing
3,600.00
25.0
Coastal Development Permit Application for Construction Activities
3,840.00
26.0
Coordination for Processing of Coastal Development Permit
10,290.00
27.0
Control Survey and Property Line Research and Investigation
9,000.00
28.0
Monument Preservation
4,000.00
29.0
Legal Descriptions and Exhibits
37,500.00
30.0
Project Management/Project Coordination
10.290.00
Phase 2 Subtotal
$ 143,870.00
Reimbursable Budget
5.000.00
Phase 2 Total
$148,870.00
Progress billings will be forwarded to the Client and will include the fees earned for the billing period
plus all direct costs advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days from
the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged
to be incorrect.
Term of Contract
March 16, 2005 to March 16, 2006
PROPOSAL SCOPE AND FEE Revision Dab�.3116=05
MORNING CANYON CHANNEL IMPROVEMENTS
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0
The Morning Canyon Stream Stability Study
will be available
on Tuesday, March 22, 2005
Wy of Newport Beacb
BUDGET AMENDMENT
2004 -05
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
This budget amendment is requested to provide for the following:
5
NO. BA- 051
AMOUNT: $14s,87o.00
0
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from General Fund unappropriated fund balance for the Morning Canyon
Restoration project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit _
010 3605 General Fund - Fund Balance $148,870.00
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITUREAPPROPRIATIONS (3603)
Description
Signed:
Signed:
Signed:
t
Services Director
Administrative Apiroval: City Manager
City Council Approval: City.Clerk
Credit
0
$148,870.00
Date
Ti p3
to
Date
Description
Division
Number
7012 General Fund - Drainage _
Account
Number
C5100750 Upper Morning Canyon Channel
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
t
Services Director
Administrative Apiroval: City Manager
City Council Approval: City.Clerk
Credit
0
$148,870.00
Date
Ti p3
to
Date
City of Newport Beach
EXHIBIT AA@ Exhibit A
CITY OF NEWPORT BEACH
MORNING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
SCOPE OF WORK
March 16, 2005
GENERAL DESCRIPTION
The Scope of Work provided is for the review of conceptual design studies, and the development of a final
PS &E package for the stabilization of Morning Canyon from Pacific Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed
in accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards
and criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual
design report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning
Canyon, Stabilization, Hydrologic and Hydraulic Analyses," by Rivertech Inc, dated August 2002. The
conceptual design study identified recommended improvements to stabilize the channel reach and maintain
the riparian and alluvial characteristics of the existing stream corridor.
The proposed work effort will include a review and evaluation of the previous studies and reports that have
been completed on the project reach, refinement of the conceptual stabilization design, coordination with the
jurisdictional agencies, and.development of final drawings, specifications, and estimates for.the installation of
the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach.
PHASE 2 — FINAL DRAWINGS, SPECIFICATIONS AND ESTIMATES
Phase 2 includes the final design of the recommended improvements developed in Phase 1, and will not
proceed without prior City approval.
TASK 14.0 FINAL HORIZONTAL & VERTICAL ALIGNMENT
Provide engineering services to perform calculations for the final horizontal and vertical
alignment of the proposed grade control structures and channel improvements. This shall
include the development of construction centerline for the finalized access road and channel
facilities. Construction stationing developed from the horizontal and vertical alignment
calculations. Precise coordinates shall be determined for the location of the proposed
facilities. A horizontal control plan shall be produced which provides the survey control data
for critical points on the proposed improvements.
TASK 15.0 MORNING CANYON IMPROVEMENT DRAWINGS
The consultant shall prepare improvement drawings for the stabilization of Morning Canyon
Channel from north of Pacific Coast Highway to the Pelican Hills Golf Course. The proposed
improvements will be based on the approved Preliminary Design Study completed in Phase
1A. This task is based on the construction of 4 gabion drop structures and 2 groins located
along an approximately 800 foot reach of channel. If during the course of design review it is
determined that modifications are required to the original concepts, then this redesign will be
PROPOSAL SCOPE AND FEE Revision Date: 3116/M
MORNING CANYON CHANNEL IMPROVEMENTS
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accomplished through a separate addendum to the Client.
This work item is based on the preparation of one set of Morning Canyon Channel
improvement drawings. The construction drawings will include cover and general note
sheets, channel plan and profile, grade control structure sections and details, grading, lateral
profiles, and quantities on standard City of Newport Beach format prepared at a scale of
1 " =40' or 1"=20'.
TASK 16.0 ACCESS ROAD DESIGN DRAWINGS
Provide final engineering services for the preparation of construction drawings for the
Morning Canyon access roadway. The roadway alignment and configuration will be based
on the preferred alternative developed as part of the "Conceptual Access Road Alignment
and Grading Study" completed in Phase 1A. The roadway drawings will be processed for
approval through the agencies as part of the Morning Canyon Improvement Drawings. This
work item includes the preparation of plan and profiles, grading, and associated details
necessary for the construction of the access roadway at a scale of 1 " =40' or 1"=20' on
standard City of Newport Beach format. It is assumed for this task that retaining walls will not
be required for the construction of the access road.
TASK 17.0 RESTORATIONLANDSCAPE IMPROVEMENT DRAWINGS
Consultant shall prepare one set of final landscape construction drawings, specifications and
cost estimates in sufficient form and detail to obtain approval from the Coastal Commission,
the US Army corps of Engineers and the City. The drawings shall be prepared based on the
approved landscape concept plan prepared under Task 8. The drawings will be prepared at
an appropriate scale on base maps of the project site prepared by RBF. The drawings will
include plant removal drawings, a planting drawing, one planting detail sheet and
specifications for planting.
TASK 18.0 FINAL HYDRAULICS AND SEDIMENT TRANSPORT ANALYSIS
Consultant shall prepare a final hydraulic and sediment transport analysis of the proposed
channel improvements indicated on the construction drawings. The final design water
surface generated shall also be indicated on the drawings. All hydraulics studies shall be
completed in conformance with the latest available design, drafting, and policy and procedure
manuals of the City of Newport Beach, and the County of Orange.
This task includes the preparation of a "Final Channel Hydraulics " which will serve as
documentation of the final engineering design and associated technical analysis to support
the Morning Canyon channel design. The report shall update the preliminary report including
the backup data regarding final hydraulics, hydrology, existing facility data, design criteria,
specific design requirements, design constraints, assumptions, quantity and cost estimate
support, and all engineering calculations or analysis.
TASK 19.0 FINAL COST ESTIMATE
Prepare a final estimate of construction quantities and costs based upon the channel,
roadway, and landscape drawings utilizing current City cost data and the latest edition of
Caltrans Contract Cost Data book, and compare to established project budget.
TASK 20.0 SPECIAL PROVISIONS
PROPOSAL SCOPE AND FEE Revision Date: 3/162005
MORNING CANYON CHANNEL IMPROVEMENTS
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Citv of Newport Beach
Consultant shall develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included in the City's
standard contract documents. City will prepare the upfront "boiler plate' portions of the
contract documents (e.g. general provisions, contract requirements, notice to contractors,
etc.).
As needed, specifications shall include specific NPDES stormwater provisions the contractor
will need to implement. There should also be discussion on nuisance flow diversion during
construction.
TASK 21.0 ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION
Assuming the Proiect will Require a Nationwide Permit Consultant will prepare a submittal
package for a Army Corps of Engineers Permit to satisfy the requirements of Section 404 of
the Clean Water Act. It is assumed under this task that authorization to proceed from the
Corps can be achieved by using a Nationwide Permit (NWP). Nationwide Permit refers to a
type of general permit which authorizes typical activities on a nationwide basis. Based on our
preliminary assessment of the site conditions, including our current understanding of the
project's funding constraints, RBF believes that the project can be authorized under NWP 3,
Maintenance Activities. Critical elements for this NWP are paraphrased below:
"The repair, rehabilitation, or replacement of any previously authorized, currently serviceable,
structure, or fill, or any currently serviceable structure or fill, provided that the structures or fell
is not to be put to uses differing from those uses specified or contemplated for it in the
original permit or the most recently authorized modification. This NWP authorizes the repair,
rehabilitation, or replacement of those structures or fills destroyed or damaged by storms,
floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their
destruction or damage. in cases of catastrophic events, such as hurricanes or tornadoes, this
two year limit may be waived by the District Engineer, . provided the permittee can
demonstrate funding, contract, or other similar delays."
Consultant will initially consult with the ACOE and request that the two year limitation for
NWP 3 be waived due to previous project funding delays. Should it be determined by the
Corps that an Individual Permit (IP) would be required for the proposed activities instead of a
NWP, the Client shall be notified and work shall continue based on a separate addendum or
on a time and materials basis, subject to Client approval.
The submittal package will include: a) 404 permit application standard form, b) vicinity map,
c) project description, d) jurisdictional delineation report, e) biology report, f) cultural
resources report, g) geology report, and h) site photos. Should this amount be exceeded, the
Client shall be notified and work shall continue based on a separate addendum or on a time
and materials basis, subject to Client approval.
TASK 22.0 CALIFORNIA DEPARTMENT OF FISH AND GAME 1600 PERMIT APPLICATION
Consultant will prepare an application submittal package for the CDFG 1600 Agreement for
Streambed Alteration (also known as a Streambed Alteration Agreement). The submittal
package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d)
jurisdictional delineation map, and (e) site photos. This task does not include the permit filing
fee, which can range up to $1,390.50 depending on the construction cost of the proposed
project.
TASK 23.0 REGIONAL WATER QUALITY CONTROL BOARD SECTION 401 WATER.QUALITY
CERTIFICATION
PROPOSAL SCOPE AND FEE Reviswn Date: 31161ZW5
MORNING CANYON CHANNEL IMPROVEMENTS
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)F NEWPORT BEACH
Consultant will prepare a submittal to secure a Water Quality Certification from the State
pursuant to Section 401 of the Clean Water Act. This certification is necessary prior to the
Corps concurring with discharges of fill material under the Corps permit process. This task
does not include the permit filing fee, typically $2,250.
TASK 24.0 RESOURCE AGENCY PERMIT PROCESSING
Provide regulatory services for the processing of the permits through the Army Corps of
Engineers, the California Department of Fish and Game, and the Regional Water Quality
Control Board. The processing shall include required correspondence or telephone calls
between the reviewing staff related to the permit or points of clarification and coordination
with the biological consultant, if necessary. This item includes any meetings with the
reviewing staff of the resource agencies during the review process. The fee associated with
this work is a budget amount since it is difficult to anticipate the processing requirements. A
budget amount of 35 hours has been allocated for this work item. Should this amount be
exceeded, especially due to the Corps' or CDFG's requirement for mitigation, then the Client
shall be noted and work shall continue based on a separate addendum or a time and
materials basis, subject to Client approval.
TASK 25.0 COASTAL DEVELOPMENT PERMIT APPLICATION FOR CONSTRUCTION
ACTIVITIES
RBF shall prepare the CDP application based on input from the Coastal Commission and City
of Newport Beach. At a minimum, the following items will be included with the CDP
application:
• Proof of applicant's interest in the property
• Assessor's Parcel Map(s) showing the proposed development site and all adjacent
properties within 100' of the property boundary
• Stamped envelopes addressed to neighboring property owners and occupants and
other interested parties and a list of the same
• Vicinity Map
• Two sets of project drawings, site plans, and other applicable drawings.
• Copy of environmental documents if prepared for the project and any comments and
responses
• Verification of all other permits, permissions or approvals applied for or granted by
public agencies
• Copy of Geology or soils report
• Local approval of the project
• Notice of Pending Permit to be posted in a conspicuous place
• Filing Fee
This task includes the application of one coastal development permit for the project
construction. Should additional permits be necessary for the completion of design services,
then this work can be accomplished through a separate addendum for an additional fee.
TASK 26.0 COORDINATION FOR PROCESSING OF COASTAL DEVELOPMENT PERMITS
RBF will coordinate the processing of the CDP application with the Coastal Commission, City
of Newport Beach and other consultants. Interagency coordination should be initiated with
the other regulatory agencies (Army Corps of Engineers, California Dept. of Fish and Game,
Regional Water Quality Control Board, etc.) as soon as possible to ensure that the CDP
PROPOSAL SCOPE AND FEE Revislon D=3116f260,5
MORNING CANYON CHANNEL IMPROVEMENTS
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applications address the jurisdictional needs of the Coastal Commission. This item includes
any meetings (excluding the pre - application field meeting) with the Coastal Commission staff,
Client or consultants to review the CDP applications, respond to comments and discuss the
proposed conditions of approval. Projects considered by the staff to be consistent with the
California Coastal Act will be placed on the consent calendar for the next available Coastal
Commission hearing for approval. Two representatives from RBF will attend one public
hearing with the Coastal Commission. A budget amount of 80 hours has been allocated for
this task. If a second hearing is required (i.e. if the design survey activities are separated
from the construction activities and two separate CDP applications are required), the Client
shall be notified and the second hearing will be authorized under a separate work request.
TASK 27.0 CONTROL SURVEY AND PROPERTY LINE RESEARCH AND INVESTIGATION
Consultant will review the preliminary title reports for each of the subject lots as furnished by
the City and conduct research with the County of Orange, City of Newport Beach and local
agencies to obtain recorded maps and documents pertaining to the land boundaries and
survey monumentation. Prior to performing the field survey, the Consultant shall confer with
the City Surveyor to ascertain performance guidelines and requirements. Field surveying will
be performed to tie and adjust the existing local project control system to the published
horizontal and vertical control.
Field investigation will include verification of the sufficiency of existing survey monumentation
to support the final boundary determination survey.
Additional survey measurements and analysis will be performed to test the accuracy of the
existing topographic mapping, and to tie pertinent improvements as needed to define the new
facility locations.
TASK 28.0 MONUMENT PRESERVATION
Consultant shall locate, tie out and prepare pre - construction Corner Records for the existing
monumentation that will be destroyed during the construction phase. Upon completion of
construction and acceptance of improvements, by the city, consultant will re -set the destroyed
monumentation and file post - construction Corner Records.
TASK 29.0 LEGAL DESCRIPTIONS AND EXHIBITS
Legal descriptions and exhibit maps will be prepared for use in properly rights acquisitions
between the City and homeowners. The type of property rights to be acquired will range from
temporary construction easements to drainage easements, access easement, the vacation of
existing easement no longer necessary and others items as may be needed to complete
subject project. A total of 35 legal descriptions and exhibits are anticipated and included in
this task. Additional legal descriptions and exhibits will be prepared under a separate
addendum.
TASK 30.0 PROJECT MANAGEMENTIPROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
PROPOSAL SCOPE AND FEE Revislon Dale: 3/162005
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scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall also include a budget amount of 20 hours to assist the City with the
preparation of CEQA documents.
GENERAL
1. Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
2. NPDES permit requirements and stormwater pollution prevention plan (SWPPP) will
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase II hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
5. This scope of work does not include any specialty environmental mitigation
measures such as soundwalls or off -site landscape modifications. Any specialty
mitigation measures requiring implementation as a result of the approved
environmental document will be negotiated separately with the Client.
6. One Public Meeting /presentation is included in the Phase 1A, Task 10 scope of
work.
7. All permit application/processing fees to be paid by the City.
B. Authorization for access to private properties for Consultant to complete field
reviews /surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQA
documents.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
included in the geotechnical fees. The Client will be notified immediately if
hazardous materials or waste are encountered during the field investigation.
RIGHT -OF -WAY
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
PROPOSAL SCOPE AND FEE Revision Date: 3116005
MORNING CANYON CHANNEL IMPROVEMENTS
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ESCALATION
14. An annual escalation factor of a maximum five percent may be assessed for all
design or construction support work performed after March 31, 2006. Consultant
shall provide the City written justification for any proposed increase.
PROPOSAL SCOPE AND FEE Revisioncate:3M62005
MORNING CANYON CHANNEL IMPROVEMENTS
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CITY OF NEWPORT BEACH
Exhibit B
EXHIBIT AB@
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
COMPENSATION .
Client agrees to compensate Consultant for the work outlined in Exhibit "A' in accordance
with the schedule identified below:
PHASE 2
14.0
Final Horizontal and Vertical Alignment
$ 1,800.00
15.0
Morning Canyon Improvement Drawings
27,800.00
16.0
Access Road Design Drawings
8,340.00
17.0
Restoration/Landscape Improvement Drawings
3,400.00
18.0
Final Hydraulics and Sediment Transport Analysis
6,840.00
19.0
Final Cost Estimate
3,340.00
20.0
Special Provisions
6,900.00
21.0
Army Corps of Engineers 404 Permit Application
3,780.00
22.0
California Department of Fish and Game 1600 Permit Application
1,600.00
23.0
RWQCB Section 401 Water Quality Certification
1,550.00
24.0
Resource Agency Permit Processing
3,600.00
25.0
Coastal Development Permit Application for Construction Activities
3,840.00
26.0
Coordination for Processing of Coastal Development Permit
10,290.00
27.0
Control Survey and Property Line Research and Investigation
9,000.00
28.0
Monument Preservation
4,000.00
29.0
Legal Descriptions and Exhibits
37,500.00
30.0
Project Management/Project Coordination
10.290.00
Phase 2 Subtotal
$ 143,870.00
Reimbursable Budget
5.000.00
Phase 2 Total $148,870.00
Progress billings will be forwarded to the Client and will include the fees earned forthe billing period
plus all direct casts advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
Tenn of Contract
March 16, 2005 to March 16, 2006
MORNING CANYON CHANNEL IMPROVEMENTS
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0 13 NSULTINES
PLANNING ■ DESIGN ■ CONSTRUCTION
MORNING CANYON CHANNEL
Newport Beach, California
Morning Canyon Stream Stability
and Channel Restoration Study
1 RT -Tai 7 *141:
Prepared For:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92658
Consultant:
RBF CONSULTING
14725 Alton Parkway
Irvine, California 92618
Contacts:
John McCarthy, P.E.
Howard Barndt, P.E.
(949) 472 -3505
March 2005
JN 10- 103181
COUNCIL AGENDA
N0. I7— 1
Table
0 0
of Contents
1.0
INTRODUCTION ................................................................................ ..............................1
1.1
Study Objectives .......................................................................... ...............................
1
1.2
Site Reconnaissance and Data Collection .................................... ...............................
5
2.0
HYDROLOGY ...................................................................................... ..............................7
2.1
Land Use ...................................................................................... ...............................
7
2.2
Soil Types .................................................................................... ...............................
7
2.3
Watershed Boundary ................................................................... ...............................
7
2.4
Small Area Hydrograph Method (SAHM) .................................. ...............................
7
2.5
Ultimate Conditions Hydrology .................................................. ...............................
8
2.5.1 Existing Facilities .......................................................... ...............................
8
3.0
HYDRAULICS .................................................................................... .............................10
3.1
HEC -RAS Hydraulic Model ...................................................... ...............................
10
3.2
Hydraulic Model Assumptions .................................................. ...............................
10
3.3
Hydraulic Model Results ........................................................... ...............................
10
4.0
CHANNEL STABILITY ..................................................................... .............................12
4.1
Sediment Continuity .................................................................. ...............................
12
4.1.1 Equilibrium Concept .................................................... ...............................
12
4.1.2 Armoring Potential ...................................................... ...............................
12
4.1.3 Wash Load .................................................................... ...............................
13
4.1.4 Vertical and Horizontal Channel Response ................. ...............................
13
4.1.5 Procedure ....................................................................... .............................13
4.1.6 Assumptions and Limitations ....................................... ...............................
14
4.2
Lateral Migration ....................................................................... ...............................
14
4.3
Other Scour Potential ................................................................. ...............................
15
4.3.1 Bend Scour ................................................................... ...............................
15
4.3.2 Bed Forms (Dunes and Antidunes) .............................. ...............................
15
4.3.3 Lowflowlncisement ...................................................... .............................16
4.3.4 Local Scour .................................................................. ...............................
16
4.3.5 Local Scour at Grade Control Structures .................... ...............................
16
4.4
Evaluation of Channel Stability (Application) .......................... ...............................
16
4.4.1 Sediment Gradation Analysis ....................................... ...............................
16
4.4.2 Average Hydraulic Parameters .................................... ...............................
18
4.4.3 SAM Hydraulic Design Package for Channels ...........................................
18
4.4.4 Selection of Sediment Transport Model s ...................... ...............................
20
4.4.5 Sediment Continuity Analysis (General Scour / Deposition ) ........................
22
4.4.6 Stable Slope Analysis ................................................... ...............................
22
4.5
Sediment Transport Results and Recommendations ................. ...............................
22
5.0
RECOMMENDED FLOOD CONTROL IMPROVEMENTS ...... ............................... 26
5.1
Grade Control Structures ........................................................... ...............................
26
5.2
Stream Restoration and Channel Fill ......................................... ...............................
27
5.3
Additional Studies and Final Design ......................................... ...............................
29
RBF Consulting JN 10- 103181
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Table of Contents
• LIST OF TABLES
11
Table 2 -1:
Ultimate Conditions Discharges (Expected Value) ......... ...............................
8
Table 3 -1:
Summary of Average Hydraulics, Reach 1 ..................... .............................11
Study Site Map
Table 3 -2:
Summary of Average Hydraulics, Reach 2 ..................... .............................11
Figure 5:
Table 4 -1:
Sediment Transport Functions in SAM ........................... .............................19
Channel Invert Comparison
Table 4-2:
List of Applicable Brownlie (1981) Data Sets .................. .............................21
Figure 8:
Table 4-3:
Data ranges for the Applicable Brownlie (1981) Data Sets ..........................21
Table 4-4:
Summary of selected sediment transport models ........... .............................21
Table 4 -5:
Sediment Yield (Cubic Yards) ......................................... .............................23
Table 4 -6:
Stable Slope Sediment Yield (Cubic Yards) .................... .............................24
LIST OF FIGURES
Figure 1:
Regional Vicinity Map
Figure 2:
Site Vicinity Map
Figure 3:
Study Site Map
Figure 4:
Ultimate Condition Hydrology Map
Figure 5:
Particle Size Distributions
Figure 6:
Channel Invert Comparison
Figure 7:
Typical Gabion Drop Structure Details
Figure 8:
Rendering of Project Improvements
•
LIST OF EXHIBITS
•
Exhibit 1: Morning Canyon Flood Plain Map
Exhibit 2: Morning Canyon Stabilization Plan and Profile
TECHNICAL APPENDICES
(Appendices are found in Volume II, Technical Appendix)
Appendix A:
Hydrology Analysis
Appendix B:
HEC -RAS Output
Appendix C:
Soil Particle Size Analysis
Appendix D:
SAM Hydraulic Design Package Output
Appendix E:
Gabion Product Information
RBF Consulting JN 10- 103181
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Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
1.0 INTRODUCTION •
The following study represents the hydrology, hydraulics and sediment transport study
for the Morning Canyon Channel upstream of Pacific Coast Highway prepared for the
City of Newport Beach. The primary purpose of this study is to develop a
comprehensive plan for the stabilization and restoration of the canyon. The project site
is bounded by Pacific Coast Highway (PCH) to the south, Pelican Hills Golf Course to
the north, Corona Highlands to the west, and Cameo Highlands to the east. The
location of the study reach is shown on Figure 1: Regional Vicinity, and Figure 2: Site
Vicinity Map.
Morning Canyon Channel runs through the study reach in a southwest direction from the
northern boundary (outlet from Pelican Hills Golf Course Detention Basin), to an existing
reinforced concrete box (RCB) culvert on PCH. The creek itself is a natural drainage
system that has an urbanized tributary drainage area of approximately 365 acres at the
PCH Culvert. The creek is in a natural condition through the entire reach of the project
site, and has been recently experiencing significant erosion and degradation. An aerial
view of the study reach is shown on Figure 3: Subject Site.
Numerous previous studies have been prepared to address the conditions of the stream
and the causes of the current degradation. The purpose of this report is to develop a
preliminary design plan for the restoration of the Morning Canyon Channel based on the
current conditions of the watershed, including the complete urbanization of the tributary •
watershed.
1.1 Study Objectives
The purpose of this report is to develop a comprehensive and technically based study of
Morning Canyon between Pacific Coast Highway (PCH) and the Pelican Hills Golf
Course based on the current conditions of the watershed. The report will assess the
conditions of the existing natural channel including; hydrology, hydraulics, and stream
stability. A preliminary design study for the stabilization of Morning Canyon will be
developed. The various tasks in the overall analysis include the following:
• Prepare a hydrology analysis for the watershed tributary to Morning Canyon. The
analysis shall be prepared for the ultimate condition of the watershed.
• Perform a hydraulic analysis of Morning Canyon within the study reach. Delineate
100 -year flood plain through the project site.
• Evaluate the long -term stream stability of Morning Canyon using standard sediment
transport relationships.
• Develop alternatives for streambed and streambank stabilization for Morning Canyon
to be maintained in a "natural" condition.
• Identify recommended improvements for the restoration of the Morning Canyon
Channel.
All assessments and technical analyses in this report comply with the local drainage
policies and requirements for the City of Newport Beach, and County of Orange. •
RBF Consulting JN 10- 103181
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SAN BE RNA RD IN 0
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CONSULTING
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Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
1.2 Site Reconnaissance and Data Collection •
Field investigations were conducted to document the current conditions of the study
reach and obtain data for the development of stream restoration alternatives. The field
investigations included visual observations and photographic documentation, field
surveys, and collection of soil samples.
Visual field investigations were conducted to document the current conditions of the
canyon. The following details were observedl identified during the investigations:
• Channel alignment and irregularities,
• Surface roughness,
• Flora types and coverage,
• Natural and man -made obstructions,
• Existing drainage facilities (e.g., pipe outlets, culverts, structures),
• Critical areas of scour (e.g., bends, contractions, drops, impingements, incisements),
• Deposition zones, and
• Indications of flooding limits (e.g., sediment deposits, high -water marks, flood
damage)
Initial field investigations of the study reach by RBF Consulting were performed in
October of 2004, prior to the start of the rainy season. At that time, a detailed field
survey of the canyon was performed to develop a topographic map of the study reach. •
The detailed survey was conducted to provide data for the development of a
representative hydraulic model for the analysis of the canyon, and for the development
of preliminary design plans for the stream restoration. Representative soils samples
from the streambed and banks were also obtained. The results of the soil sampling are
included in Appendix C.
During the initial field investigation, significant degradation (or lowering of the channel
bed) was identified in the canyon. The most significant locations were in the lower
reaches of the canyon below the outlet of the 51 -inch storm drain pipe. However, some
degradation was also identified in the upper reach of the canyon below the outlet of the
detention basin constructed with the Pelican Hill Golf Course and Newport Coast
development. Degradation is the long -term change in a streambed elevation due to
natural or man - induced causes. Continuing degradation is an indicator that a change in
the stream's discharge and sediment load is taking place.
The 200412005 -storm season was one of the wettest seasons on record in Southern
California, with rainfall totals in Newport Beach exceeding 25- inches in many areas.
Numerous visual investigations of the canyon were performed over the course of the
storm season. During these investigations, significant continuing degradation and
changes in the canyon were identified. The following photographs indicate the
magnitude of the changes in the canyon downstream of the 51 -inch pipe outlet. Notice
the tree on the left hand side has been completely eroded by the March storm events.
These photographs illustrate the importance of the development a comprehensive plan
for the stabilization and restoration of the entire canyon. •
RBF Consulting JN 10- 103181
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Morning Canyon Channel
Stream Stabilization and Channel Restoration Study
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issue Date: March 22, 2005
Photograph 1. Looking downstream from pipe outlet (Nov 29, 2004)
Photograph 2. Looking downstream from pipe outlet (March 9, 2005)
RBF Consulting
A 10- 103181
Morning Canyon Channel •
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
2.0 HYDROLOGY •
Morning Canyon is a natural channel system that has an ubanized tributary drainage
area of approximately 365 acres at the PCH Culvert along the southern project
boundary. The creek is downstream of the Irvine Coast Planned Community
Development area and was included the "Hydraulic Design of Drainage Facilities at the
Golf Course, Final Report" dated May 1990. The report identified peak flow rates along
the creek, and preliminary facilities sizes along its major upstream tributaries. No
improvements to the study reach were identified in that report.
New hydrologic analyses were performed as part of this study for a variety of locations,
durations, recurrence intervals, and land use assumptions along Morning Canyon within
the project limits. Hydrologic parameters used in the analyses are based on the
procedures presented in the Orange County Hydrology Manual (OCHM), and using the
guidelines /assumptions discussed in the following sections.
2.1 Land Use
The project site drains generally to the southeast and outlets to the Pacific Ocean
downstream of PCH. The channel watershed tributary area is completely developed and
consists of a mixture of residential, golf course, and natural land uses. The land uses for
the ultimate condition hydrology analysis were based on a field review of the area, and
aerial photographs of the tributary watershed. The current condition of the watershed is
assumed to represent the ultimate development. •
2.2 Soil Types
The OCHM uses the Soils Classification System (SCS), which classifies soils into four
(4) types: A through D with D being the least pervious, thus providing the highest runoff
potential. The tributary drainage area consists of soil types B, C, and D with B
representing the most prevalent soil type.
2.3 Watershed Boundary
The tributary drainage area boundaries were delineated utilizing current aerial
topography for the project site and adjacent areas. Watershed boundaries were difficult
to ascertain within the developed area of Newport Coast. Parts of this area are served
by underground stormdrain systems, and complete plans were not available. This area
was field inspected to determine the approximate watershed boundaries. The
watershed boundary is shown on Figure 4: Ultimate Condition Hydrology Map.
2.4 Small Area Hydrograph Method (SAHM)
The Small Area Hydrograph Method outlined in the Orange County Hydrology Manual
was used to develop runoff hydrographs for ultimate conditions.
Lag times used for the development of the small area hydrographs were generated •
based on the shape and size of the sub -basin using the Rational Method hydrology. Lag
times were set at 0.8 times the Rational Method times of concentration.
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Morning Canyon Chanel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
•
AMC II was used for the expected value analysis, and AMC III was used for the high
confidence analysis. The loss rates were calculated in accordance with OCHM
requirements.
•
•
The runoff hydrographs were developed for the 2 -, 5-, 10-, 25 -, 50, and 100 -year
expected value storm events. Hydrographs were also developed for the 100 -year high
confidence storm event to map the 100 -year floodplain limits.
2.5 Ultimate Conditions Hydrology
Ultimate conditions hydrologic calculations were carried out in order to assess continuing
impacts on the existing canyon, and determine design discharges for development
recommended facilities and floodplain mapping. The ultimate conditions discharges
were also used in the Sediment Transport analysis. Table 2 -1 shows the results of the
analysis. The location of each node is shown on Figure 4.
Table 2 -1: Ultimate Conditions Discharges (Expected Value)
Location
100 -Year
10 -Year
5 -Year
2 -Year
Reach 1 -PCH to SD Outlet
258 cfs
191 cfs
139 cfs
78 cis
Reach 2 -SD Outlet to Pelican
Hills GC
83 cfs
53 cfs
40 cfs
23 cis
2.5.1 Existing Facilities
The canyon is a relatively natural stream with existing culverts at the downstream and
upstream ends of the study reach. The downstream culvert is a box culvert that carries
Morning Canyon flows under PCH. The upstream culvert is a discharge pipeline from a
detention basin constructed as part of the Pelican Hills Golf Course and Newport Coast
development. Two storm drains discharge to the channel along the study reach. The
upper most storm drain is a 51 -inch diameter system that outlets to the channel at
approximately station 17 +30 (upstream end of Reach 1). The flow from this pipe is
discharged to an existing box culvert which acts as an energy dissipator. The flow turns
90 degrees in the box culvert then outlets to Morning Canyon. A smaller storm drain
outlets directly to the canyon downstream at approximately station 15 +00. The locations
of the existing storm drain facilities are indicated on Figure 4.
RBF Consulting
JN 10- 103181
Figure 4 Lesen
Morning Canyon Watershed Delineation - waterou Node Subarea Boundary
North - �Walercourse Watershed Boundary
sao zso ®F..
Major Contours
• • •
11
Morning Canyon Channe• •
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
3.0 HYDRAULICS
3.1 HEC -RAS Hydraulic Model
A hydraulic analysis of Morning Canyon was performed in order to determine the
floodplain and hydraulic characteristics of the channel under ultimate conditions. The
analysis was conducted utilizing the U.S. Army Corps of Engineers HEC -RAS water
surface profile program. The model covers 1,200 linear feet of Morning Canyon from
PCH to the detention basin outlet.
Results of the hydraulic analysis were utilized to delineate the 100 -year floodplain
boundaries, evaluate the sediment transport characteristics of the channel, and provide
hydraulic parameters used in the bank protection and grade control design calculations.
3.2 Hydraulic Model Assumptions
The following assumptions were used to develop the various hydraulic analyses with the
HEC -RAS model.
The model was based upon ultimate condition hydrology.
Cross sectional data for the HEC -RAS model was prepared utilizing the most current
• topographic information taken from the November 2004 field survey performed by RBF.
The cross sections were oriented perpendicular to the direction of the main channel flow
and developed by looking in a downstream direction. A HEC -RAS cross - section Work
Map showing the locations and orientations are shown on Exhibit 1.
Channel roughness in the hydraulic computations was varied between the channel and
overbank areas. A Manning's roughness coefficient of 0.035 was used to represent the
rock drop structure sections, and a value of 0.040 was used in the remaining channel
and overbank areas. As part of the 100 -year floodplain determination analysis, the
channel Manning's roughness coefficient was increased to 0.080 to produce floodplain
limits based on a vegetated stream condition.
The mixed flow regime option was used in the model allowing the calculated depths to
pass through critical depth. Selection of this option requires input for the upstream and
downstream boundary conditions. The normal depth option was used for the upstream
boundary control and the critical depth option was used for the downstream boundary
control.
3.3 Hydraulic Model Results
Results of the hydraulic analysis for Morning Canyon are summarized in Tables 3-1,
and 3 -2. Additional details on the hydraulic analysis as well as the HEC -RAS model
output summaries are provided in Appendix B.
The 100 -year floodplain was mapped for the project area as a part of this effort. The
floodplain limits are illustrated on Exhibit 1. The project area is outside of any detailed
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Morning Canyon Channel•
Stream Stabilization and Channel Restoration Study
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issue Date: March 22, 2005
Flood Insurance Study mapping. A Flood Insurance Rate Map (FIRM) showing the area
of the Morning Canyon study is included on panel 06059C0403H. No special flood
hazard areas are designated on the FIRM along the canyon. The HEC -RAS study
described above shows that the 100 -year discharge is completely contained within the
proposed channel improvements.
Table 3 -1: Summary of Average Hydraulics, Reach 1
Event ear )
Discharge
(cfs)
Velocity
(f s
Hydraulic
Depth
feet
Top Width
feet
Energy Gradient
ft/ft
2 EV
78
5.34
1.49
12.05
0.0227
5 EV
139
6.08
1.83
15.15
0.0215
10 EV
191
6.68
1.85
18.03
0.0243
25 EV
223
6.73
1.88
20.16
0.0237
50 EV
240
6.88
1.89
21.17
0.0238
100 EV
258
6.96
1.93
22.00
0.0236
100 HC
371
7.11
2.30
27.34
1 0.0221
Table 3 -2: Summary of Average Hydraulics, Reach 2
Event ear )
Discharge
(cfs)
Velocity
(f s
Hydraulic
Depth
feet
Top Width
feet
Energy Gradient
ft/ft
2 EV
23
3.07
0.88
11.88
0.0152
5 EV
40
3.72
1.04
13.89
0.0172
10 EV
53
4.06
1.13
15.51
0.0187
25 EV
58
4.18
1.16
16.03
0.0192
50 EV
70
4.41
1.21
17.33
0.0201
100 EV
83
4.67
1.27
18.51
0.0213
100 HC
1 138
1 5.59
1 1.45
1 22.64
1 0.0243
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Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
• 4.0 CHANNEL STABILITY
A channel stability analysis was prepared based on the results of the hydrology and
hydraulic calculations to assess the long -term trends of Morning Canyon through the
study site.
4.1 Sediment Continuity
The sediment continuity principle applied to a channel reach is expressed as:
a;Z
at
Where:
Q,,;,, =sediment supply (inflow)
Q,.au, = sediment transport capacity (outflow)
aY = rate of change in sediment storage
at
The continuity principle is reflective of the law conservation of mass and forms the basis
for estimating the magnitude of adjustments to a channel reach in response to a given
• sequence of flows.
For a given flood event and duration, the volume of sediment deposited or eroded in a
channel reach is simply the difference between the upstream sediment supply rate
(Q,,;� ) and the channel reach sediment transport capacity (Q,.o,, ).
A channel reach experiences aggradation (i.e., sediment deposition) when the supply
rate exceeds the transport capacity, and is subject to degradation (i.e., general scour)
when the supply rate is less than the transport capacity. The sediment continuity
principle can be applied to evaluate conditions of a single event (e.g., 5 -year storm).
4.1.1 Equilibrium Concept
Natural channels tend to adjust themselves toward a state of dynamic equilibrium such
that the ability of a channel to transport water and sediment is in balance with the
amount of water and sediment supplied from upstream, including lateral sources.
Adjustments to the channel can occur in several ways, including changes in the cross -
sectional geometry, changes in the sediment gradation on the bed, and changes to the
bed slope.
4.1.2 Armoring Potential
• If a degrading channel has sufficient coarse material on the bed, winnowing of fines
during an event coarsens the bed material, potentially reducing the availability of
transport material. The channel can attain a state of static equilibrium when the bed
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coarsens sufficiently to balance the supply and transport of sediment. If the bed material •
can be transported over an entire range of flows and the channel is capable of carrying
more material than is being delivered from upstream, the channel will continue to adjust
vertically and /or laterally until the transport capacity is equal to the supply rate.
4.1.3 Wash Load
The wash -load component of the total sediment load in an alluvial channel is related to
the supply from the watershed. Limited quantities of fine material, transported as wash
load, normally do not pose direct problems for development in the riverine environment.
It is often assumed the wash load does not come out of suspension as it passes through
the system unless there are structures (e.g., sedimentation basins) capable of effectively
trapping the wash load.
A reduction in wash load can prevent the natural sealing of river banks induced by
deposition of fine sediment, causing increased water loss and bank instability. Large
concentrations of wash load, however, can influence the capacity of a stream to
transport bed material through its influence on fluid viscosity and density, bank stability,
growth of aquatic plants, and the biomass of the channel.
The wash load is controlled by the availability of material in the watershed and thus, it is
not directly related to the hydraulic conditions in the stream at any given time. It is often
assumed wash load consists of silt and finer material (i.e., diameter less than 0.0625 •
mm). The maximum size of sediment that can be considered as wash load can,
however, vary depending on the characteristics of the stream being analyzed. In
coarse -bed streams, the wash load may consist of material as large as coarse sand.
Alternatively, it can be reasonably assumed that sediment finer than 90 percent of the
bed - material comprises of the wash load (Einstein 1950). The quantity of wash load a
stream may be expected to carry can be estimated from the watershed sediment yield.
4.1.4 Vertical and Horizontal Channel Response
Sediment continuity results provide the rate (or volume) of transport (yield) expected in
each subreach. More meaningful results are attained when these values are converted
to represent vertical and horizontal changes in each subreach to quantify general scour
(or deposition) or short-term lateral migration.
In the absence of significant controls, the erosion (or sedimentation) amounts can be
assumed uniformly distributed in the streamwise direction for any given subreach. If the
cross - streamwise distribution is also assumed uniform, then with knowledge of the reach
length and by assuming a representative channel width (e.g., top width), the uniform
depth of vertical adjustment can be estimated.
4.1.5 Procedure
Compute the hydraulic parameters for the study reach using a one - dimensional steady
flow hydraulics model such as HEC -RAS (USACE 2003) for a sequence of discharges •
(e.g., 2 -, 5 -, 10 -, and 100 -year expected value events).
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Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
• Determine the discharge predominantly responsible for the channel characteristics in the
study reach.
Divide the study reach into subreaches and for each subreach, develop a characteristic
rating curve for each of the five (5) hydraulic parameters: water discharge, hydraulic
depth, velocity, top width, and energy gradient.
Select sediment transport models appropriate for the channel characteristics (e.g., d50,
hydraulic depth, velocity, top width, and energy gradient). The hydraulic parameters
should be based on the channel - forming discharge.
Calculate the sediment transport capacity of each subreach using the selected sediment
transport models.
Apply the sediment continuity principle by comparing transport capacities on a subreach -
by- subreach basis, under the assumption that the sediment supply to any given
subreach is equal to the transport capacity of the adjacent upstream subreach. The
comparison starts at the upstream limits of the study reach by designating the most
upstream subreach as the supply source, including the contribution of bed - material sized
sediment from tributaries, sheet flow, or bank erosion within the upstream subreach.
4.1.6 Assumptions and Limitations
• The sediment continuity procedure computes the net aggradation /degradation for a
single flood event. Transient conditions during this event may be under - estimated.
The sediment continuity procedure is based on rigid boundary conditions. An erodible -
bed model (e.g., HEC -6) may provide a more accurate response.
Uniform subreach lengths are important in maintaining the integrity of the sediment
continuity principle. The relationship does not account for spatial or temporal factors in
order to determine the sediment balance of the system. It is assumed that a sediment
balance will be achieved within a reach, regardless of the length distribution between
subreaches. However, this is not necessarily correct (e.g., depending on particle settling
times, sedimentation may not occur in a very short deposition reach).
4.2 Lateral Migration
The two basic mechanisms of lateral migration can be related to erosion and
sedimentation trends in a channel reach.
The first mechanism, associated with channel reaches of large width -to -depth ratios
where significant deposition occurs, promotes bank instability and lateral migration as a
result of increased velocities and shear stresses along the banks as the local energy
gradient increases.
• If sedimentation occurs as isolated sand and gravel bars, the local energy gradient
increases due to higher flow velocities resulting from a reduction in the effective channel
area. Also, relatively stable sand and gravel bar deposits deflect the flow towards the
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more erodible banks. Consequently, severe localized bank failures may occur. •
However, if deposition occurs more uniformly across the channel, the local energy
gradient downstream of the deposition increases due to higher velocities resulting from
an increase in the channel slope. Bank erosion is less severe when the increase in
velocities is more gradual and currents are not deflected, however, erosion occurs over
longer distances.
The second mechanism, associated with channel reaches of small width - to-depth ratios
where degradation typically occurs, promotes increased bank instability from bank
failures as a result of the formation of a narrow, deep channel with steep banks. This
mechanism was not observed in the field and will not be discussed.
In both lateral migration mechanisms, the development of saturated banks above the
water line can increase bank erosion through local mass wasting. Saturated banks may
develop during the rising stage of a flood, during which flow moves into the bank from
the channel, promoting increased bank stability, particularly in the saturated condition.
Flow may also occur from the bank to the channel due to a groundwater table that is
higher than the channel stage. This condition could develop during a wet period as
water draining from the watershed saturates the flood plain to a level higher than normal.
4.3 Other Scour Potential
In addition to the scour predicted from the equilibrium analysis, there are other potential
sources of scour that need to be considered in order to provide the proper toe -down •
depths below the channel invert to account for the potential dynamic changes in the bed
elevations. The following is a discussion of each type of scour that can occur at various
locations along the creek.
4.3.1 Bend Scour
The bends associated with meandering channels will induce transverse currents. These
currents will scour sediment from the outside of a bend and cause it to be deposited on
along the inside of the bend. This phenomena is caused by the spiral pattern of
secondary flow, and is not due to a shift of the maximum longitudinal velocity filament
against the outer bank. Channel bends will cause a shift in this velocity filament, but
through the bend the maximum longitudinal velocity is normally moved nearer to the
inside bank, whereas the shift to the outer bank occurs downstream of the bend. It is at
these downstream locations that the shift in longitudinal velocity patterns will most likely
cause lateral erosion of a channel bank.
4.3.2 Bed Forms (Dunes and Antidunes)
It is important to estimate the height of bed forms (i.e., dunes and antidunes) moving
through a natural or man -made sand -bed channel, particularly where scour and
freeboard requirements are critical.
Antidunes can form in either the transition zone or upper flow regime (SI.A 1985). Dune •
formations have been observed for Froude numbers ranging from 0.38 to 0.60 based on
data collected from flume experiments (SI.A 1985). In these experiments, the ratio of
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Morning Canyon Channel
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• flow depth to dune height ranged from 1 to 5. Dune troughs may be depressed below
the channel bed a distance equal to half the flow depth when the ratio is equal to one.
4.3.3 Low -flow lncisement
An estimate of low -flow incisement depths is best determined by performing field
measurements of existing low -flow channel depths. For design purposes, a minimum
low -flow incisement depth of two (2) feet is typically assumed.
4.3.4 Local Scour
Local scour involves the removal of bed and bank material near a flow obstruction (e.g.,
piers, abutments, spurs, embankments, and downstream of grade control structures or
channel drops). The principal erosion mechanism is the formation of vortices due to the
obstruction and resultant acceleration of flows . Local scour is cyclic in nature. The bed
and /or bank material is eroded during the rising flood stage and is replaced by sediment
deposits on the receding flood stage. Maximum local scour occurs during peak flows,
therefore, the maximum design flow (e.g., 100 -year high confidence discharge) is
typically used to incorporate the local scour potential into the design of a structure.
4.3.5 Local Scour at Grade Control Structures
Accelerating flow over the crest of a grade control structure (e.g., drop structure) induces
• local scour immediately downstream. This phenomena may eventually lead to
undermining and subsequent failure of the structure. Turbulent flow produced
downstream of the structure can cause localized channel -bed erosion and subsequent
widening of the channel due to bank sloughing. Widening of the channel may expose
one or both abutments and thus, allowing flows to flank the grade control structure.
0
4.4 Evaluation of Channel Stability (Application)
4.4.1 Sediment Gradation Analysis
A composite gradation curve was estimated from boring samples taken in the channel
bottom within the project area. The locations of these borings are shown in Appendix C.
These samples were assumed to be representative of the bed material for the study
reach based on field observations. Two samples were taken at each location, one at the
surface and the other at between one and three feet of depth. The composite gradation
curve can be characterized as predominantly brown, dark brown or gray Sandy Lean
Clay (CL), and brown or dark brown Clayey Sand (SC). The Sandy Lean Clay contained
between 50 and 67 percent fines (particles passing the No. 200 sieve), and the Clayey
Sand contained between 25 and 45 percent fines. The composite median bed - material
size, D50, is approximately 0.3 millimeters. The stability of the channel largely depends
on the size of the particles on the bed. Figure 5 shows the gradation curves for the
boring samples and the composite of those samples.
RBF Consulting JN 10- 103181
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100
90
80
70
60
50
40
30
No
10
FIGURE 5. PARTICLE SIZE DISTRIBUTION
0t w
100 10 1 0.1 0.01 0.001
Particle Size (mm)
9 0 •
•
•
0 0
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
• 4.4.2 Average Hydraulic Parameters
The hydraulic analyses were based on existing geomorphology and ultimate hydrologic
conditions. One - dimensional steady flow hydraulics were computed for the study reach
using HEC -RAS (USACE 2003). Peak flows for the 2 -, 5 -, 10 -, 25-, 50- and 100 -year
expected value storm events, as well as the 100 -year high confidence storm event. The
intent of this analysis is to create a range of values that would encompass the majority of
discharges on a representative hydrograph.
The 2 -10 -year events were determined to be predominantly responsible for the channel
characteristics in the study reach based on qualitative assumptions, and the locations of
the subreach.
The study reach was divided into sixty -six (66) subreaches. Average hydraulic
parameters (i.e., hydraulic depth, velocity, top width, and energy gradient) were
calculated for each designated subreach. Individual cross - section hydraulics were
disregarded if thought to erroneously skew the representative hydraulics of a subreach.
4.4.3 SAM Hydraulic Design Package for Channels
Thomas et al. (2002) developed SAM, a computer program designed to compute the
width, depth, slope, and n -value for stable alluvial material. SAM is capable of
determining stable channel dimensions, calculating bed - material discharge, and
t calculating the sediment yield of a stream. SAM provides a simplified approach to
preliminary screening of design alternatives, and, in some cases, is suitable for final
design or performance monitoring.
SAM is an integrated system of programs developed to aid engineers in analyses
associated with designing, operating, and maintaining flood control channels and
stream restoration projects. The following fundamental sediment processes are
considered —erosion, entrainment, transportation, and deposition. Compaction of the
deposited bed sediment is not accounted for in the design of stable channels.
The three (3) main modules— SAM.hyd, SAM.sed, and SAM.yld, can be used in series
or use separately, to assist in various hydraulic design situations.
SAM.hyd Module - A single typical cross section, not a reach, of a stream is
considered. Geometry of a cross section can be prescribed with station and elevation
coordinates for irregular channels, or as simple or compound geometry (e.g.,
rectangular, trapezoidal). The steady state, normal depth equation is solved in order to
transform complex geometry into composite hydraulic parameters. The normal depth
equation can be solved for depth, width, slope, discharge, or roughness. Several
different roughness equations can be applied within the same cross section. Curvilinear
and Cartesian coordinates can be provided for a meander planform based on the sine -
generated curve. Stable channel dimensions can be computed for fully alluvial sand -bed
or gravel -bed streams. Normal depth calculations are compared to Shield's diagram for
particle stability to determine if riprap is required. Riprap is sized based on either a
given flow depth and velocity, or a given water discharge and cross - section.
RBF Consulting JN 10- 103181
18
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
SAM.sed Module - The SAM.sed module calculates the bed - material sediment
discharge rating curve by size class using hydraulic parameters, either calculated using
the SAM.hyd module or specified by the user. The sediment transport functions defined
in SAM.sed cover a range of riverine conditions, which are listed in Table 4-1. The
sediment transport rate is determined by partitioning the sediment composition into size
classes and summing the sediment transport rates computed for each size class.
Sediment transport functions are applied at a point, thus allowing for no temporal or
spatial variability in the size -class distribution. In a natural stream, the size -class
distribution of bed material changes with variations in spatial and temporal factors. For
this reason, SAM may not produce results representative of the natural stream.
The designated bed gradation controls the calculated sediment discharge in a sediment
transport function. The rate of transport increases exponentially as the grain size
decreases. Therefore, bed - material gradations must be determined carefully.
Table 4-1: Sediment Transport Functions in SAM
Ackers -White
Ackers- White, D50
Brownlie, D50
Colby
Einstein Bed -load
Einstein Total -load
-Engel und-Hansen
Laursen (Copeland)
Laursen (Madden), 1985
Meyer-Peter and Muller (MPM), 1948
MPM (1948), D50
Parker ravel only)
Profitt Sutherland
Schoklitsch
Toffaleti
Toffaleti -MPM
Toffaleti- Schoklitsch
Yang
Yan , D50
I van Rijn
SAM.yId Module - The SAM.yld module provides hydraulic design engineers with a
systematic method for calculating sediment yield. Sediment yield is the total sediment
outflow from a watershed or drainage basin, measurable at a reference cross section for
a specified period of time.
The flow can be specified by either a flow duration curve or a hydrograph. The sediment
discharge rating curve can be specified as either sediment discharge or sediment
concentration versus water discharge. The flow duration curve is integrated with the
sediment discharge rating curve.
Sediment yield can be subdivided based on the method of transport. The finer portion of
the sediment yield continuously maintained in suspension by flow turbulence is called
the wash load. The coarser fraction of the sediment yield actively exchanged with the
sediment on the bed is called the bed - material sediment yield. If sediment transport is
calculated using sediment transport equations, only the bed - material sediment yield is
calculated. If sediment transport is determined from total load measurements, then the
total sediment yield (i.e., combined wash load and bed - material load) is calculated.
RBF Consulting JN 10- 103181
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n
0
• 0
Moming Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date. March 22, 2005
• 4.4.4 Selection of Sediment Transport Models
Quantitative analysis of the aggradation, degradation, and lateral migration tendency of
a stream requires knowledge of both the sediment transport capacity of the stream and
the sediment supply to the stream. Several sediment transport functions are available
for estimating either the bed -load or the total bed - material load. The distinction can be
critical in sand -bed streams, where the suspended .bed - material load may be orders of
magnitude greater than the bed -load. Another important difference in sediment transport
functions is the application of the grain -size distribution. Most sediment transport
functions were developed as single grain -size functions, typically using the median bed -
material size to represent the total load. Single grain -size functions are most appropriate
in cases where equilibrium sediment transport can be assumed. Changes in the
watershed or the occurrence of a flood event may result in non - equilibrium conditions.
In such cases, a multiple grain -size sediment transport function should be used. Multiple
grain -size functions are very sensitive to the grain -size distribution of the bed material,
particularly in the lower 10 percent of the gradation curve (Einstein, 1950).
To analyze non - equilibrium conditions, single grain -size functions are converted to
multiple grain -size functions by calculating the sediment transport rate using the
geometric mean diameter for each size class in the bed (sediment transport potential)
and then assume the transport rate of each size class (sediment transport capacity) can
be attained by multiplying the sediment transport potential by the bed fraction. This can
produce unreliable results since it is assumed each size class of the bed material acts
independently of the other size classes (i.e., no interaction between size classes).
Sediment transport functions consider the hydraulic conditions of the stream (i.e.,
velocity, depth, width, shear stress, and stream power) in varying combinations and the
size characteristics of the bed material. The bed - material transport rate computed from
these functions does not include the wash -load component of the total sediment load.
However, the wash -load component of a stream can be estimated from the watershed
sediment yield.
Most sediment transport functions are empirical in nature and should be applied to field
conditions similar to the conditions in which they were developed. The selection process
is based on the premise a sediment transport function that accurately predicts measured
sediment transport rates in a gaged stream would be an appropriate predictor in an
ungaged stream with similar characteristics. Calculated screening parameters (i.e., d50,
slope, velocity, depth, and width) for the project stream are compared to the same
screening parameters from a list of rivers (Brownlie 1981) that have sufficient sediment
data to determine an appropriate sediment transport function (see Table 1 -1). This
selection process is only applicable to lognormal distributions since measured bed -
material gradations were reduced to median grain sizes and geometric standard
deviations.
A discrepancy ratio was calculated for each measured discharge:
discrepancy ratio = q, computed
q, measured
RBF Consulting JN 10- 103181
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• •
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
•
For each stream dataset, the percentage of discrepancy ratios between 0.5 and 2.0 was
determined, and the average discrepancy ratio was computed. The sediment transport
functions with the highest percentage of discrepancy ratios within accepted range were
selected first and the function with the average discrepancy ratio Closest to 1.0 was
ranked highest.
Table 4-2: List of Applicable Brownlie (1981) Data Sets
Data
Code
River (Reference)
ATC
Atchafalaya River Toffaleti, 1968
CHO
Chop Canals (Chaudhry at al., 1970
HII
Hii River Shinohara and Tsubaki, 1959
NIO
Niobara River (Colby and Hembree, 1955
RGC
Rio Grande Conveyance Channel Culbertson at al. 1976
RIO
Rio Grande River near Bernalillo, NM Toffaleti 1968
Table 4-3: Data ranges for the Applicable Brownlie (1981) Data Sets
Data dso Slope Velocity Depth Width
Code mm (ft/ft) f s feet feet
ATC 0.080- 0.303 0.0000056- 0.0000513 1.00-6.60 20.00 - 50.00 1000-1650
CHO 0.090- 0.320 0.0000510- 0.0002538 2.20-5.30 4.20-12.00 75- 400
F01 1- 0.210- 1.440 0.0008400- 0.0113000 0.47-3.05 0.06- 2.40 1- 26
N10 0.200- 0.360 0.0011000- 0.0018000 2.00-4.20 1.30- 2.00 65- 75
RGC 0.180- 0.280 0.0005300- 0.0008000 2.60-5.00 3.00- 5.00 65- 75
RIO 0.207- 0.368 0.0007400- 0.0008900 2.05- 7.83 1.09- 4.80 133- 645
ATC 0.080- 0.303 0.0000056- 0.0000513 1.00- 6.60 20.00- 50.00 1000- 1650
Table 4-4: Summary of selected sediment transport models
0
RBF Consulting JN 10- 103181
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Screening
Parameters
%
Standard
Data Points
Deviation
#
Sediment
in
Average
of
Data
Data
�'.
o
T,3j.
Transport
Discrepancy
Discrepancy
Discrepancy
Code
Points
c
w
j
Function
Ratio Range
Ratio
Ratio
ATC
63
v
'v
Laursen (Madden), 1985
68.25
1.10
1.16
CHO
33
v
v
Colby
69.70
0.83
0.56
HII
38
v
v
v
Toffaleti -MPM
78.95
0.82
0.48
NIO
40
v
v
Toffaleti -MPM
92.50
0.95
0.44
Colby
92.50
0.83
0.32
RGC
8
v
v
Laursen (Madden), 1985
87.50
0.91
0.44
RIO
38
r
v
r
Colby
86.84
0.73
0.40
0
RBF Consulting JN 10- 103181
21
• s
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
• 4.4.5 Sediment Continuity Analysis (General Scour/Deposition)
For each subreach, a characteristic, rating curve was developed for each of the five (5)
hydraulic parameters: water discharge, hydraulic depth, velocity, top width, and energy
gradient. The Laursen (Madden), Colby, and Toffaleti -MPM sediment transport models
each demonstrated satisfactory correlation between the study reach parameters and
previous test cases with van Colby showing the highest correlation of the three.
The sediment transport capacities for each subreach were calculated for each of the
three (3) selected sediment transport models and for six (6) discharges including the 2,
5 -, 10 -, 25 -, 50 -, and 100 -year expected value events. The results for each event show
consistent trends and thus, only the 2 -year event is shown in Table 4-5.
Since these yields were very similar, an average yield was calculated for each reach and
this value was used in determining relative trends from reach to reach. The difference
between the inflowing sediment volume and yield potential was assessed and this
volume was evaluated over the channel reach and converted to a scour or fill depth. In
general, if the potential yield of a particular reach exceeded the yield of the reach
immediately upstream, then scour was predicted for that reach.
4.4.6 Stable Slope Analysis
Using the method of trial and error, the slopes of the channel were manually adjusted in
• the HEC -RAS model. These new hydraulic characteristics were then averaged and
used in the SAM model for each reach. This was repeated until a relative balance was
established from reach to reach. Figure 6 shows this stable channel profile. This
configuration produces sediment yields as shown in Table 4-6.
4.5 Sediment Transport Results and Recommendations
The analysis of channel stability for the channel forming event (5 -Year) using the
existing channel geometry and ultimate conditions discharges shows significant potential
scour in the canyon. Reduction of the channel slope through the installation of grade
control structures would alleviate this issue. Grade control structures could be installed
to reconstructed at the original channel grade, allowing their downstream drops to form
over time.
A total of seven (7) grade control structures would be required to obtain the required
drop to obtain the stable slopes calculated above. The recommended locations of these
grade control Structures are illustrated on Exhibit 2: Morning Canyon Stabilization
Plan and Profile. Various methods are available for the construction of grade control
structures including; reinforced concrete, grouted or loose rock, sheet piles (steel or
vinyl), gabions, and soil cement. Rock - filled gabion mattresses are recommended for
the grade control structures in this canyon. These structures can be installed with a
minimum of construction impacts using small equipment, and are environmentally
friendly. The structures are proposed to be backfilled with soil and landscaped to blend
with the natural channel environment. A typical installation cross - section and profile are
shown in Figure 7.
RBF Consulting JN 1 0- 1 031 81
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•
0
TABLE 4.5.2-YEAR EXPECTED VALUE SEDIMENT CONTINUITY ANALYSIS SUMMARY - METHOD COMPARISON
5
n`
r'n
Length
(feet)
Channel
Width
(feat)
Channel
Velocity
(fps)
Crass Sediment Yield pons)
Net Sediment Yield (tons)
General Scour /Dapoabor, (feet)
LeurSen
(Madden),
1985
Tortaleb-
MPM
Colby
Laursen
(Madden),
1985
ToRaleu-
MPM
Colby
Lawman
(Madden).
1985
Tof(aleti-
MPM
Colby
66
8.06
315
11
6
0
11
-6
0
-121
- 066
0.70
65
23.48
3 10
89
49
2
-78
43
-2
-3 55
-1 96
-0.79
64
27.08
666
2084
900
1
-1995
-851
1
48 02
-33 28
0.04
60
K25.20
1257
2 20
10
4
0
2074
896
1
140.81
6083
0.07
59
631
331
21
15
1
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-184
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58
732
301
17
10
1
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5
0
056
0.70
0.00
57
8.16
276
12
6
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5
4
0
0.85
0.52
0.00
56
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8.77
2.97
17
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52
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5.72
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5.70
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2000 .
11.78
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63
2
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1.83
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18.24
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FIGURE 6. Channel Invert Comparison
80 i I I I I
0 100 200 300 400 500 600 700 800 900 1000 1100 1200
Channel Station (feet)
• •
•
•
0 0
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date: March 22, 2005
•
5.0 RECOMMENDED FLOOD CONTROL IMPROVEMENTS
0
The proposed flood control improvements identified in this study are designed to provide
long -term stabilization for the reach of Morning Canyon from PCH to the Pelican Hills
Golf Course. The recommended improvements utilize structural control measures and
modifications to the stream alignment and geometry. It will provide 100 -year level of
flood protection to the adjacent areas and will stabilize the streambed and channel
banks while restoring the natural channel system.
Exhibit 2 shows the locations of the proposed grade controls and detail sections. The
key components of the recommended improvements are summarized in the following
paragraphs.
5.1 Grade Control Structures
A total of seven grade control structures are required on Morning Canyon between PCH
and Pelican Hills Golf Course to stabilize and to adjust the channel invert to the proper
equilibrium slope in order to maintain its sediment balance. The grade control structures
will have a maximum drop height of 3 feet.
Rock - filled gabion structures were selected as the recommended alternative type
because of their minimum of construction impacts, environmental sensitivity, and they
are economical with a long service life. The gabion structures are rock - filled wire
baskets, which are stacked and tied together to form a grade control structure.
The preliminary design of the structures is illustrated in Figure 7: Typical Gabion Drop
Structure Details.
RBF Consulting JN 10- 103181
26
•
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study
n n'
E
Issue Date: March 22, 2005
_. -.�1_ _-- "- Bpp LL - --- - - - -_ - --
ELEY. 'p' FILM FABRIC J M
WCR%IE( ZJ3 OMKN WMEW -
Profile View
T
BMJMi 8d)n
Isometric View
Figure 7. Typical Gabion Structure Details
5.2 Stream Restoration and Channel Fill
In conjunction with the installation of the grade control structures, the degraded, incised
channel is proposed to be backfilled to reconstruct the original canyon grades. Earth fill
will be, imported to fill the existing incised channel. The locations and extent of the
channel fill are illustrated on Exhibit 2. To minimize the visual impact . of the
improvements, the gabion structures will be filled with soil and re- vegetated to restore
the canyon to a more natural channel system. Vegetation is proposed to be a mixture of
native species including: willows, mulefat, coast live oaks, and California sycamores. A
conceptual rendering of Morning Canyon Channel before, during, and two -years after
construction of the proposed project are illustrated on the Figure 8.
RBF Consulting JN 10- 103181
27
•
40
19.5'
10.3'
A.3'
6.0'
_. -.�1_ _-- "- Bpp LL - --- - - - -_ - --
ELEY. 'p' FILM FABRIC J M
WCR%IE( ZJ3 OMKN WMEW -
Profile View
T
BMJMi 8d)n
Isometric View
Figure 7. Typical Gabion Structure Details
5.2 Stream Restoration and Channel Fill
In conjunction with the installation of the grade control structures, the degraded, incised
channel is proposed to be backfilled to reconstruct the original canyon grades. Earth fill
will be, imported to fill the existing incised channel. The locations and extent of the
channel fill are illustrated on Exhibit 2. To minimize the visual impact . of the
improvements, the gabion structures will be filled with soil and re- vegetated to restore
the canyon to a more natural channel system. Vegetation is proposed to be a mixture of
native species including: willows, mulefat, coast live oaks, and California sycamores. A
conceptual rendering of Morning Canyon Channel before, during, and two -years after
construction of the proposed project are illustrated on the Figure 8.
RBF Consulting JN 10- 103181
27
•
40
•
•
•
0
Morning Canyon Channel
Stream Stabilization and Channel Restoration Study
Existing Creek
Gabion and Creek at Construction
Gabion and Creek at Two -Year
RBF Consulting
0
Issue Date: March 22, 2005
Figure 8: Rendering of Project Improvements
28
A 10- 103181
• •
Moming Canyon Channel
Stream Stabilization and Channel Restoration Study Issue Date., March 22, 2005
5.3 Additional Studies and Final Design
During the course of this study the channel has experienced significant additional
degradation. The design survey performed by RBF Consulting was prepared in
November 2004. Prior to the final design of the recommended improvements, a new
field survey should be prepared for the canyon. Final design of all components of the
project needs to be based on the current condition of the channel. Adjustments to the
channel topography may affect the recommended locations and sizes of the grade
control structures.
RBF Consulting A 10- 103181
29
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I FMMI Morning Canyon Erosion Problem
The views of a long -time canyon resident (since 1962)
621 Rockford Road Corona del Mar, CA
Prepared by Bob Patterson 949 - 720.1252
cdmrom@adelphia.net
2 ❑ Topics
• A brief history of Morning Canyon
• Conditions Unique to 621 Rockford Road
• The 1989 Planning Commission Appeal
• Answers to questions from a residents perspective
— What is the cause of the erosion in the canyon?
— Why the city is uhimately responsible for the erosion in the canyon?
— Why the city should pay for the solution?
3 ❑ What is Morning Canyon?
• A picturesque open space which provides watershed drainage and habitat for plants and
animals.
• Also a flood channel used by the City of Newport Beach to drain its city streets and
adjacent developments of rainwater and other nuisance runoff waters into the Pacific
Ocean.
4 ❑ 1959
During grading, a gully was filled and an underground drainage pipe was installed to pass upstream
rainwater under Cameo Highlands.
5 O Cmnm Hghlavds Trau Mep
6 a
• The 52" pipe ends at an outflow structure at the toe of the slope of 621 Rockford Road.
• The City has an easement to maintain the pipe, structure and drainage channel.
70 In 1989, the Orange County Planning Commission approved a drainage
and grading plan for Pelican Hills golf course and the Newport Coast
development, part of which is upstream from Morning Canyon.
The City of Newport Beach was involved in the process.
870
9 O Watershed
Comparison
10 FMI Approval for the development was granted despite legitimate
E
0
concerns that were formally raised during a 1989 appeal initiated
by canyon residents regarding the proposed changes in hydrology.
These concerns were addressed to:
The Irvine Company
The Orange County Planning Commission
The City of Newport Beach
11 ❑ Topics of concern presented by residents during the appeal hearing
• More overall water from rainstorm events
• Constant flow of irrigation runoff saturating the river channel
• Deficiencies in the design and construction of the outflow structure at 621 Rockford Rd.
• Potential of future property damage from erosion caused by the proposed changes in hydrology
12 ❑ Conditions Prior to the 1990 Newport Coast Development
• Rain runoff during winter storms
• Channel bottom was dry most of the year
• A maintained access road ran its length
• Despite several significant storms, the channel bottom maintained a constant level with
few signs of degradation
13 ❑ Conditions Since the 1990 Upstream Development
• Increase in total storm runoff
• Significant amounts of nuisance water running on a constant basis year round
• Water saturated river bottom
• Accelerated erosion
• Property damage
14 ❑ Cause of Accelerated Erosion in Morning Canyon
The recent severe rainstorms have surely sped up the process but are not the underlying
cause.
This erosion is ultimately the result of
Changes in hydrology due to the upstream development which was allowed by the City of
Newport Beach in 1989.
1s FIE] Specifically
• Increase of overall storm runoff due to the newly developed upstream watershed
• Addition of significant amounts of nuisance runoff water from developed neighborhoods, street drains
and the Pelican Hills golf course
7
0
Nuisance water runs 24 -7, 12 months a year
Canyon bottom soil is constantly water saturated
Major reduction of sediment transport from the upstream watershed
16 We feel that the canyon residents and city staff have made a convincing argument that the City of Newport
Beach is ultimately responsible for the repair and maintenance of the public drainage system that traverses
our property. Furthermore, we believe that the city would be held responsible for any damage caused by
the failure of its drainage system.
The residents along both sides of the canyon have cooperated with your staff, and have provided all
permissions necessary for the city to design and complete the stabilization project.
177M It has been suggested by one Council Member in particular that this erosion problem is somehow a private property issue,
and the city should not be paying for the solution.
This short - sighted view flies in the face of reason, common sense, and the evidence. I am hopeful and confident that the
majority of the council are quite aware of the potential consequences to the city should that view prevail tonight.
That being said, I do not believe there is a person in this room that wants this issue to be decided in a court of law. We just
want the city to step up to the plate and give us assurances that you will take responsibility and fix the problem.
18 ❑ Immediate Concern:
Our property is in danger, and we may experience a major slope failure.
Although we have made several requests for the city to take emergency measures to protect the toe of our
slope from their drainage water, nothing has been done. We feel that this inaction is partially due to the
lack of a clear city council directive with regard to responsibility. It is our opinion that timely preventative
measures could have lessoned the recent damage to our property, and we view this failure to take action as
a sign of neglect on the part of the city.
19 ❑® We urge the Council to approve the three Staff recommendations
with regard to the Morning Canyon stabilization project.
20 FEM] we also urge the Council to send a clear message to the canyon residents by additionally
directing staff to take immediate steps to stabilize the properties that are in eminent danger.
0
21 FEE] Octoba 2004
22 [§M] January 2005
23 ❑ February l4, 2005
24 621 Rockford Rd. booking North
0
0
0 0
621
Rockford
Road
Morning Canyon — 52 inch pipe
Area of Cameo Highlands draining into the 52 inch pipe.
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—� . , Highlands
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• �r 6 ; ► 0�
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR DESIGN SERVICES
OF THE MORNING CANYON CHANNEL STABILIZATION PROJECT
THIS AGREEMENT is made and entered into as of this day of
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and RBF CONSULTING a corporation whose address is 14725 Alton Parkway,
Irvine, California, 92618 -2027 ( "Consultant "), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to implement Morning canyon Channel Stabilization Project.
C. City desires to engage Consultant to prepare construction documents and
process these documents for permits from the jurisdictional agencies as outlined
in the Scope of Services attached hereto as Exhibit "A" and upon the terms and
conditions contained in this Agreement ( "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 Steve Huff,
P.E..
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 31st day of March, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
• •
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule specified
below. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City. Consultant shall complete Phase 1 tasks
within 90 calendar days of the execution of this Agreement. Consultant shall
perform no work beyond the Phase 1 stage until the Project Administrator has
provided approval of the Phase 1 tasks and authorizes performance of Phase 2
tasks.
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.
In no event shall Consultant's compensation exceed One Hundred Three
Thousand Two Hundred Eighty and no /100 ($103,280.00) without additional
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
0
0
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 without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated John McCarthy to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E. shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
3
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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
ll
• 41
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals,. officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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 Califomia, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
A
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
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
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
F:]
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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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
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conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
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.
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23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
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addressed as hereinafter provided. All notices; demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663.
Phone: 949 - 644 -3322
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: John McCarthy
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: 949 - 855 -5759
Fax: 949 - 586 -6531
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of 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.
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In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govem.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:,
Mayor
for the City of Newport Beach
RBF CONSULTING:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:\users\pbw\shared\agreements\fy 03-04\rbf-morning canyon channel-revised-030204.doc
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EXHIBIT "A"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
SCOPE OF WORK
PHASE 1A AND 1B
March 11, 2004
GENERAL DESCRIPTION
The Scope of Work provided is for the review of conceptual design studies, and the development of a final
PS &E package for the stabilization of Morning Canyon from Pacific Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed
in accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards
and criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual
design report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning
Canyon, Stabilization, Hydrologic and Hydraulic Analyses," by Rivertech Inc, dated August 2002. The
conceptual design study identified recommended improvements to stabilize the channel reach and maintain
the riparian and alluvial characteristics of the existing stream corridor.
The proposed Phase 1 work effort will include a review and evaluation of the previous studies and reports that
have been completed on the project reach, refinement of the conceptual stabilization design, coordination with
the jurisdictional agencies. Phase 2 work will include development of final drawings, specifications, and
estimates for the installation of the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach.
PHASE 1A - PRELIMINARY ENGINEERING
The goal of Phase 1 is to produce documents, exhibits, backup calculations and cost estimates so that:
• Staff can confirm the validity of the preliminary plan,
• Project costs can be reliably relayed to the City Council and the Irvine Company.
Once the City has approved the preliminary documents, the Consultant submit an application to the Coastal
Commission to gain concept approval for the project.
TASK 1.0 RESEARCH /INVESTIGATION /BASE DATA REVIEW
Upon notice to proceed, Consultant will review existing improvement drawings, studies,
record data, utilities, CONB GIS maps and other information relevant to the project and within
and adjacent to the project area. Consultant will conduct review at the City, Caltrans, and
County. Consultant will conduct field reconnaissance study and photo log of the existing
conditions including encroachments.
TASK 2.0 FIELD SURVEY /TOPOGRAPHIC MAPPING
Consultant shall collect field survey data for the design of the proposed improvements that
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shall include the preparation of limited topographic base mapping through field survey
methods. In addition, stream cross - sections will be obtained at critical locations. The field
survey data will be compiled to develop a topographic base map of the project area. Field
survey information will also include surface ground culture. The existing overgrowth of
vegetation severely limits the ability to efficiently survey the area; therefore, this task is a
budget item based on 60 -hours of field survey time (2- person crew), should additional
field survey /topographic mapping be required, a separate addendum will be provided.
All topography shall be electronically field data collected and detailed on a hardcopy back up
and field notes.
Data Processing and Deliverables: Consultant shall process all data and prepare all
drawings per City standards.
TASK 3.0 CONSTRAINT MAP
Based on CONB maps, an electronic version of a Constraint Map showing property lines,
ownership, relevant easements of record and other significant property rights that could affect
this project will be prepared for use by the design team.
TASK 4.0 GEOTECHNICAL INVESTIGATION
The objective of this investigation will be to assess streambed characteristics of the creek in
order to determine the potential armoring characteristics, and provide representative soil
samples for the scour analysis. The necessary personnel, equipment and materials to
perform subsurface exploration, laboratory testing and data analyses will be provided.
Depending on environmental concerns, either grab samples or hand auger samples maybe
required. Soil samples will be taken at critical areas on the subject channel reach.
A report of the findings and geotechnical recommendations for design of the project will be
prepared. Should additional geotechnical investigation be required for structure design or
adjacent development slope stability analyses, a separate addendum will be provided. The
report shall be submitted to the City for review and approval.
TASK 5.0 PRELIMINARY HYDRAULIC AND SCOUR ANALYSIS
Consultant shall provide engineering services to perform the Preliminary Hydraulic Analysis
for the Morning Canyon and the proposed drop structure improvements. The Preliminary
Hydraulic Analysis will include verification of existing floodplain hydraulics for this portion of
the creek starting with the model already developed by Rivertech and modified as necessary
with information obtained from the research and field survey. The existing and proposed
floodplain hydraulics conditions will be modeled utilizing the Army Corps of Engineers HEC-
RAS analysis. Channel geometric characteristics, such as conveyance cross - sections,
roughness coefficients, and encroachments, will be analyzed based on field cross - section
information and site inspections. Potential hydraulic constraints will be investigated prior to
analyzing proposed alternative designs.
The hydraulics of multi - frequency design flows shall be investigated and the associated
hydraulic impacts assessed to determine the level of flood protection associated with the
proposed improvements. The hydraulic analysis shall extend adequate distance upstream
and downstream from the proposed project to fully evaluate the impacts to the existing
flooding. Average hydraulic parameters generated shall be utilized for the scour and
sediment transport analysis to determine additional facility protection requirements. The
scour analysis shall incorporate aegradation and degradation tendencies associated with this
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portion of the creek to be determined as part of Task 6.0. The scour analysis will determine
the scour parameters used in designing and locating the proposed drainage facilities. In
addition, the limits and extent of the required protection downstream of each grade control
structure shall be determined. Modifications to the conceptual design shall be
recommended.
The hydraulic and scour analysis shall be prepared using hydrology previously developed for
the project area.
TASK 6.0 STREAMBED STABILITY AND SEDIMENT TRANSPORT ANALYSIS
Based on the channel baseline engineering analysis for the watershed hydrology and
hydraulic conditions developed in Task 5, the Consultant shall develop alternatives for
streambed and streambank stabilization for the Morning Canyon to be maintained in a
"natural' condition. These measures will provide control for in- stream degradation or lateral
bank migration. The analysis will be based upon the preliminary stabilization measures
developed in the Rivertech, Inc. study. Stabilization measures will focus maintaining the
natural channel response in the canyon, and identifying control measures that will achieve
these conditions. Grade control structures will focus on incorporating typical resource agency
requirements and re- establishing a stabilized natural stream system, The analysis will
provide recommendations for final design of structural streambank protection measures. The
analysis will Identify the potential long -term and short-term modifications to the channel
streambed, potential stream impacts, and identify the areas of potential lateral bank
migration.
The Consultant shall:
• Evaluate the anticipated long -term aggradation/degradation from the river hydraulic
effects utilizing standard sediment transport relationships.
• Estimate the event -based and average annual trends expected along the canyon
considering the current sediment sources in the watershed.
• Analyze the sediment balance for the stream by characteristic channel reaches, and
evaluating trends.
• Identify the areas and magnitudes of expected aggradation and degradation for a full
range of analyzed Flood events.
• Evaluate the relative channel stability by evaluating incipient motion parameters and
the potential armoring.
A pseudo sediment routing model, such as the Department of the Army's SAM Hydraulic
Design Package for Channels program will be used to develop the long -term equilibrium
slope for the channel. The SAM computer model is a fixed bed model which is used to
estimate sediment transport trends along the subject channel. This analysis will be used to
determine the need for grade control structures and other channel stabilizing measures. The
sediment inflow hydrograph will be applied to the various sediment categories based upon
the grain size distribution. The estimated degradation and aggradation depths along the
channel profile will be plotted in profile. Sediment transport quantities as a result of the
model will be summarized.
Perform a qualitative assessment of the potential impacts to the downstream reach of
Morning Canyon below Pacific Coast Highway as a result of the proposed channel
stabilization project. Identify potential impacts and recommend additional studies, as
necessary, based on the results of the assessment.
Results, findings and recommendations for Tasks 5 and 6 shall be submitted to the City for
review and approval. This report shall include the background for the hydraulics, hydrology,
design criteria, constraints, assumptions, references, and technical calculations that will be
prepared in a suitable format acceptable for review by the jurisdictional agencies.
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TASK 7.0 CONCEPTUAL ACCESS ROAD ALIGNMENT AND GRADING STUDY
Consultant shall complete a conceptual access road alignment study to evaluate and
recommend a preferred roadway for the maintenance of the proposed grade control
structures. A maximum of 2 different alignments will be analyzed. The study will evaluate
the required alignment based on the physical, environmental, construction, and engineering
requirements. Preliminary grading requirements for the roadway embankment will also be
evaluated for the alternatives. A conceptual grading plan exhibit will be prepared which
illustrates the recommended design and submitted to the City for review and comment.
TASK 7.OA CREEK SECURITY STUDY
Consultant shall complete a conceptual creek security study to evaluate and recommend a
preferred method to provide fencing or other methods to prevent unauthorized access to the
creek and access roadway improvements. A conceptual security plan exhibit will be
prepared which illustrates the recommended design and submitted to the City for review and
comment.
TASK 8.0 RESTORATION/LANDSCAPE CONCEPT PLAN
Consultant shall prepare one presentation quality landscape concept plan for the project
restoration. The plan shall be prepared based on site opportunities and constraints, the
requirements of the City of Newport Beach and input on the planting palette from the project
biologist. The goals of the plan will be to incorporate the regulatory mitigation requirements
in- stream, and include the drawings within the final construction documents. The plan shall
be prepared at an appropriate scale in Autocadd on a base map of the project site prepared
by RBF.. The plan shall depict areas of exotic plant removal, areas to be re- vegetated and
planting concepts. The plan and a preliminary estimate of construction costs will be submitted
to the City for review, comment and approval.
It is assumed that re- vegetation can be achieved without the use of an automatic irrigation
system and the design of a system is excluded from this scope of work.
TASK 9.0 PRELIMINARY EXHIBITS AND SUBMITTAL TO COASTAL COMMSISON FOR
APPROVAL IN CONCEPT
Consultant shall prepare plan and profile exhibits which will consist of a Preliminary Plan for
the general layout of the proposed grade control structures, specifically focusing on the (1)
control structure layout, (2) access road alignment, and (3) and temporary and permanent
grading requirements. Conceptual layout plans will be produced at an appropriate scale
utilizing existing available topography. Additional information to be indicated on these
exhibits will include the base map data from research, facility sizes, roadway dimensions,
easements & right -of -way, and encroachments.
This task shall include preliminary cost estimates, a constructability review of the preliminary
design to assess the potential construction impacts, and prepare a value- engineering study to
determine potential modifications to the design to reduce construction impacts or project
cost. Recommended modifications will be discussed with the City, and incorporated into the
final plans as necessary.
Prepare a permit package for submittal to the CCC. Process the package for Concept
Approval. List all the elements you expect to be needed for the submittal. Adjust you budget
accordingly.
PROPOSAL SCOPE AND FEE — Phase 1 A & 1 B - Revision Date:3/11/2004
MORNING CANYON CHANNEL IMPROVEMENTS
H:1 PdataV0103181 41dminlcontmct\Morning Canyon -Phase 1 scope.doc
Page 11
C
TASK 10.0 PROJECT MANAGEMENTIPROJECT COORDINATION
Consultant shall supervise, coordinate,.monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall Coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall include the preparation of exhibits and handouts, and attendance at one public
meeting to be set up by the City.
PHASE 1 B — ENVIRONMENTAL ASSESSMENT AND PERMIT PROCESSING
TASK 11.0 JURISDICTIONAL DELINEATION AND REPORT PREPARATION
Consultant will perform a jurisdictional delineation to determine jurisdictional 'Waters of the
United States," including wetlands (if present), located within the boundaries of the proposed
project. This task also includes a biologic constraints survey (prepared by LSA Associates),
to aid in the limits of the jurisdictional delineation. The delineation will result in a
determination of the ordinary high water mark(s) (OHW M) within the project site and indicate
the existence of any adjacent wetlands not within the jurisdictional ordinary high water mark.
The actual presence or absence of wetlands on -site will be verified through the determination
of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to
the 1987 Army Corps of Engineers (ACOE) Wetland Delineation Manual.
Using detailed mapping of the project area, Consultant shall prepare a jurisdiction delineation
map and technical letter report detailing the results of the field delineation. Consultant will
provide an assessment of acreage considered by the Army Corps of Engineers (ACOE) and
the California Department of Fish and Game (CDFG) to bejurisdictional'Waters of the United
States."
TASK 12.0 PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with the Army Corps of Engineers (ACOE),
the California Department of Fish and Game (CDFG), and the Regional Water Quality
Control Board (RW QCB) at the appropriate time to discussion potential permitting strategies
available for the proposed project, including mitigation expectations. It is crucial to obtain
feedback from the regulatory agencies prior to any vegetation removal on -site. RBF has
found these Pre - Application Field Meetings to be extremely beneficial with regards to
streamlining the permitting process.
TASK 13.0 COASTAL COMMISSION PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with representatives from the Coastal
Commission - South Coast District Office to discuss potential permitting needs for the
Morning Canyon streambed within the Coastal Zone. Prior to setting up the field meeting,
RBF will provide a conceptual plan showing access to the canyon, an estimate for the
quantity of vegetation that will be removed, and the method of removal. At the field meeting,
RBF and the Coastal Commission will discuss the following key elements to move forward
with the design aspects of the project: 1) the permitting approach to formally identify the
PROPOSAL SCOPE AND FEE — Phase 1 A & 1 B Revision Date:311112x4
MORNING CANYON CHANNEL IMPROVEMENTS
H:1 Pdata110103181 WdminlcDntmct\Moming Canyon -Phase 1 scope.doc
Page 12
0
Coastal Commission's application requirements, 2) alternatives for disposing the removed
vegetation, 3) mitigation requirements (i.e. on -site or off -site habitat restoration, interim
erosion control, or participation in other Coastal Commission restoration activities, etc.) and
4) a formal request that mitigation associated with survey activities (if required) be tied to the
construction mitigation that will be conditioned under the final CDP.
SCOPE ASSUMPTIONS:
GENERAL
1. Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
2. NPDES permit requirements and stormwater pollution prevention plan (SWPPP) will
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase II hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
5. This scope of work does not include any specialty environmental mitigation
measures such as soundwalls or off -site landscape modifications. Any specialty
mitigation measures requiring implementation as a result of the approved
environmental document will be negotiated separately with the Client.
6. One Public Meeting /presentation is included in the Phase 1A, Task 10 scope of
work.
7. All permit application /processing fees to be paid by the City.
B. Authorization for access to private properties for Consultant to complete field
reviews/surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQA
documents.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
.included in the geotechnical fees. The Client will be notified immediately if
hazardous materials or waste are encountered during the Feld investigation.
PROPOSAL SCOPE AND FEE — Phase 1 A & 1 B Revision Date:3M1 /2004
MORNING CANYON CHANNEL IMPROVEMENTS
H:\ Pdata 110103181%Admin\contmct \Moming Canyon -Phase 1 scope.doc
Page 13
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RIGHT -OF -WAY
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
ESCALATION
14. An annual escalation factor of a maximum five percent may be assessed for all
design or construction support work performed after March 31, 2005. Consultant
shall provide the City written justification for any proposed increase.
PROPOSAL SCOPE AND FEE —Phase 1 A& 1B Revision Date:311112DD4
MORNING CANYON CHANNEL IMPROVEMENTS
H:\Pdata \101 D3181WtlmiftontractMoming Canyon- Phases scope.doc
Page 14
0
EXHIBIT "B"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
COMPENSATION
Client agrees to compensate Consultant for the work outlined in Exhibit "A" in accordance
with the schedule identified below:
PHASE 1A
1.0 Research /Investigation /Base Data Review
2.0 Field Survey/ Topographic Mapping
3.0 Constraint Map
4.0 Geotechnical Investigation
5.0 Preliminary Hydraulic and Scour Analysis
6.0 Streambed Stability and Sediment Transport Analysis
7.0 Conceptual Access Road Alignment and Grading Study
7.OA Creek Security Study
8.0 Restoration /Landscape Concept Plan
9.0 Preliminary Plan Exhibits and Design Study
10.0 Project Management/Project Coordination
Phase 1A Professional Fee
Reimbursable Budget
Phase 1A Subtotal
PHASE 1 B
11.0 Jurisdictional Delineation and Report Preparation
12.0 Pre- Application Field Meeting
13.0 Coastal Commission Pre- Application Meeting
Phase 1B Subtotal
Reimbursable Budget
Phase 1B Subtotal
$ 3,500.00
16,100.00
2,300.00
8,100.00
10,530.00
12,000.00
6,300.00
5,000.00
3,500.00
12,660.00
10.450.00
$ 90,440.00
3.000.00
$93,440.00
$ 5,300.00
1,240.00
2.300.00
$ 8,840.00
2.000.00
$9,840.00
Total $ 103,280.00
Progress billings will be forwarded to the Client and will include the fees earned for the billing period
plus all direct costs advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
Term of Contract
March 1, 2004 to March 31, 2005
PROPOSAL SCOPE AND FEE — Phase 1 A 8 1 B Revision Date:311112004
MORNING CANYON CHANNEL IMPROVEMENTS
H:1 Pdata 11 0 1 0 31 81VAdminkontmct\Motning Canyon -Phase 1 scope.doc
Page 15
ARD.n CERTIFICATE OF LIABILITY INSUR.WNCE I 03/23/040
CO
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana, CA 92711 -0550
714 427 -6810
INSURED
RBF Consulting
PO Box 57057
Irvine, CA 92619 -7057
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Cas Co of Amer!
I INSURER B: rlarrrora rlre Ins. co. —
INSURER c: Fireman's Fund Insurance Co._
INSURER D: Underwriters at Lloyd's London
E.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICYMME FFECTIVE
PATE IO
POLK:Y EXPIRATION
DATE M 0
LIMLIMITS
A
GENERAL LIABILITY
P63050OD409203
11/30/03
11/30/04
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (My one Are)
$1,000,000
X COME M ERCIAL GENERAL LIAS ILITY
CLAIMS MADE FX I OCCUR
INDP. CONTRACTORS
I
I
MED EXP(Any one persm)
$5,000
PERSONAL & ADV INJURY
$1000,000
X CONTRACTUAL
INCLUDED.
X IBFPD, XCU, OCP
GENERALAGGREGATE
s2 000 000
GENL AGGREGATE LIMITAPPLIES PER
PRODUCE- COMP /OPAGG
$2000000
POLICY X PRI FXI LOC
B
AUTOMOBILE
LIABILITY
ANY AUTO
57UENTLO126
11/30/03
11/30104
COMBINED SINGLE LIMIT
(Ee..ident)
$1,000,000
X7
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per amidenl)
$
I HIRED AUTOS
NON-OWNED AUTOS
..
i
1.
X
PROPERTY DAMAGE
(Per acddenq
$
I
GARAGE LIABILITY
I
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
I.
$
AUTO ONLY: AGG
C
EXCESS LIABILITY
XSM00097333165
111130/03
11/30/04
EACH OCCURRENCE
$10000000
X OCCUR 1:1 CLAIMS MADE
AGGREGATE
$10,000,000
$
PROFESSIONAL
$
1 DEDUCTIBLE
LIABILITY IS
$
RETENTION $
EXCLUDED.
WORKERS COMPENSATION AND
WCSTATU- OTH-
EMPLOYERS' LIABILITY
1
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYEE
$
1
E.L. DISEASE - POLICY LIMIT
$
D
OTHER Professional
P1039400
11/30/03
11/30/04
$1,000,000 Per Claim
Liability
$2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONS /LOCATIONSIVENICLEVEXCLUSIONS ADDED BY ENDORSEMENTISPEC1 PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services.
RE: JN 10- 103181 - Contract No. 36121BWL Mariners Village Landscape
Improvements.
(See Attached Descriptions)
City of Newport Beach, Public
Works Dept,Att: Shari Rooks
Public Works Specialist
3300 Newport Beach
Newport Beach, CA 92658
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORETHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ,XKX% y%0DW MAIL 30-._. DAYS W RITTEN
NOTICE TOME CERTIFICATE HOLD ER NAMED TOM E LEFT, B�pRpU@B(
ACORD 25S (7197)1 of 2 #M81822 I . D' � . � � v ° � n P -k - .4TMP1 o ACORD CORPORATION 1988
3. -• LLF .
�E 'RIPTION5 (Con��nu'ed.from Pageyl) rt °,n � ,
City of Newport Beach, it's officers, agents, officials, employees and
volunteers are Additional Insured as respects to General and Auto
Liability. Primary & Non - Contributing coverage and Waiver of Subrogation
apply to GL.
AMS 25.3 (D7197) 2 of 2 #M81822
POLICYNUMBER: P63050OD409203 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach, Public
Works Dept,Att: Shari Rooks
Public Works Specialist
3300 Newport Beach
Newport Beach, CA 92658
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Additional Insured Continued: it's officers, agents, officials,
employees and volunteers.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE.ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CG 20 10 11 85
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POLICY NUMBER: 57UENTLO126 BUSINESS AUTOMOBILE LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED INSURED ENDORSEMENT (CA 20 48)
Name of Person(s) or Organization(s)
City of Newport Beach, Public
Works Dept,Att: Shari Rooks
Public Works Specialist
3300 Newport Beach
Newport Beach, CA 92658
BUSINESS AUTO COVERAGE
Each person or organization indicated above is an "insured" for Liability Coverage, but only to
the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in SECTION II of the Coverage Form.
Additional Insured Continued:
employees and volunteers.
O : 1 • i
it's officers, agents, officials,
MAR -30 -04 11:14AM FROM-RBF CONSULTING
9494548576 T -758 P.02/03 F -165
AMM CBRTIFICATIGIF LIABILITY INSURANA OP 7D PATIEVIIMDAYM
G6 -1 03f 04
PROW MR
Baited Captive Iris. Brokers
11151 Lowbcge St., sr.* 211
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS 140 RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
GENERAL WAS%TY
COMMERCAL GENERAL LW Lrry
CLAIMS MADE F7 =CUR
Fountain Valley CA 92708
Shane :714- 706 -4370 Fax:714- 709 -2900
INSURERS AFFORDING COVERAGE
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COVERAGES
THE POLICIES OF INEURANCE LISTED BELOW HAVE BEEN ISbY+ED TO THE MIBURBD NAME° ABOVE FOR THE POLICY PERIOD IN=TM NOTMATHSTANDING
ANY RBOw REmENT, TERM OR c=mTTON OF ANY CONTWT OR CIHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEP OR
MAY PERTAIN. THE RISURANC9 APPORDED SY THE POLICIES DESCRI0A HEREIN IS SLJEWFCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE WW$ SHOWN MAY HAVE BEEN REDUCED 6Y PAID CIAIMS.
LTR mSR TYPEOF WSURANCE POW" NUMBER � C P� I N LIMITS
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geiCR)PTION OF OPERATWnY .ALOCATION$AYEnA:LFS! uA$ION6 ADDED BY ENp=SEMENT14ff=°, PROYL'YDNS
*1Q days nv="O Of C8a0el.latI_OA for Ann- pzyn1miiimr. Of pzw=im.
lie: ZW 10- 103161, 3612 /SWL Dearluarx Village 7.aadsoapo SslEgravemesnts.
Includes Waiver of BuhzOga;LOU attaehad.
ci%v of NIpwport Hlaaeh
Public R=rxs nvgt.
AFRA: sbari rwaks public
3301) Newport Blvd.
Nawpoa t $OLcu CA 92669
QITY7+1L"W SHOULDANT OFrn EABCYE=5C"92POLIC1630ECANOE1 LFD WTORETKEEZPIRATI[
GATE TnEREOF, THE15SUINa WSUR2R HALL -30 PATSwRITTEN
NOTICE TO THE CERTIMCATt nOLPER NAMM TO rW LEFT . BUT FX1MW2X=Q5nML6
XK.$ WPOOO NO OQYOATION OR LUWIwW PF ANT FNP UPON THE WOURER, ITS AOMNTG OR
MAR -34-44 1105AM FROM-RBF CONSULTING 9494548576 T-758 P.43/43 F -165
•
(r—d, 4-"
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ewaRsEmrw
We have the right to recover our payrnants from anyone Cable for an injury covered oy This policy. V1It° VAI not enfam
our r:gnt against the person or orgdnizatian mimed in the Schemile. (This agreemem applies only to the meant that
y01 perform work under a written contrect ihRt requires you to attain this agreement from us.)
Tnis agreement shall not operate directly or Indirectly to benefit anyone not named to the Schedule,
Schedule
C•tty of Newport Beech
-Public Works Dept,
Attie: Shari Rooks Public: Works Specialist _
3300 Newport Beach• -
Newrport Beach, CA 92663
Re: IN 10-103151, 3612 /AWL Mariners V-1116 a Laad":c -' Tmprave =T$
This endorsement chartges the pottry to which 2 is attached and is.effactive on the date issuEd unless otherwise stated.
[the lnfarma6on betaw is required only when this andarsement Is Issued sgbsequentto preparation of the policy.)
_ Endorsem --ettt Elfecthe Po1ky Alo Endorsement No.
Insured Premium grOS
RBF Cons *ing, Inc. 1)123W000S
Insurance r:4mpany Coumerslgned by—,_"-
U.S. Fidelity & t ruaranry Co.
we nl} 0313
(Ed. 4-54)
Q UIt3 Natlwwt CwnW eta Gompettasden Insomnia
CITY OF NEWPORT_ BEACH
CITY COUNCIL STAFF REPORT
(3Y1100 - a,oDy)
Agenda Item No. la
March 9, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein@city.newport- beach.ca.us
MAR 0 9 2004
SUBJECT: UPPER MORNING CANYON CHANNEL - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
FOR PREPARATION OF CONSTRUCTION DOCUMENTS
RECOMMENDATION:
1. Approve a Professional Services Agreement with RBF Consulting (RBF), of Irvine,
California, for preparing construction documents and obtaining permits by
jurisdictional agencies, for the stabilization of the Upper Morning Canyon Channel at
a contract price of $250,650.00 and authorize the Mayor and City Clerk to execute
the Agreement.
2. Approve a Budget Amendment of $250,650.00 from the unappropriated General
Fund reserves.
DISCUSSION:
At the June 24, 2003 Study Session, Council was briefed on certain issues related to
Morning Canyon including stream bed erosion, slope failures on private property and
the invasion of exotic species. The City retained a consultant (Rivertech) to evaluate
the causes of, and develop a conceptual plan to address the streambed erosion. The
City Council directed staff to develop a scope of work, based on Rivertech's conceptual
design, that identifies the tasks necessary to complete drawings and specifications for a
project that would comply with requirements of all regulatory agencies and address the
streambed erosion and habitat issues. The City Council confirmed that its intention to
proceed in this manner, to develop the construction documents, and ultimately
construct the improvements, is contingent upon the residents providing the City with the
easements necessary to construct and maintain the project.
In a subsequent show of support for the project, owners from twenty of twenty-two
properties along the canyon have recently signed non - binding 'Memoranda of Intent
(see attachment for sample) to grant the City construction and maintenance easements
for the proposed project. City staff continues to pursue signatures from the remaining
two property owners and hopes to have 100% support within the next two weeks. If the
SUBJECT: UPPER MORNING CA CHANNEL - APPROVAL OF PROFESSIONALISVICES AGREEMENT WITH RBF
CONSULTING FOR PR ORATION OF CONSTRUCTION DOCUMENTS
March 9. 2004
Page 2
City proceeds with the design of this project, City staff has agreed to report to the
property owners on the design evolution at project milestones. At the conclusion of the
design, completed construction documents will be provided to property owners for
review. It the project meets their approval, formal easement documents will be
prepared and executed with each property owner.
Public Works staff.discussed consultant qualifications that would be needed to prepare
construction documents for this unique project that could be permitted by jurisdictional
agencies in a timely manner. Two important criteria were identified.
Because of the deterioration in the channel and the potential for slope failures,
the consultant must be able to provide a full spectrum of services that would
allow rapid preparation of construction documents for review and approval by the
City as well as the California Coastal Commission, Army Corps of Engineers,
Regional Water Quality Control Board, and State Department of Fish and Game.
2. The consultant must have demonstrated ability to perform complex hydraulic,
sediment transport and scour analyses in order to properly locate and design
hydraulic control structures, including two- dimensional hydraulic analysis at
critical channel locations to accurately calculate shear forces, which in turn will
be used to determine channel armoring. Of critical importance is the need for
the consultant to demonstrate that there will be no adverse downstream impacts
due to any proposed improvements in the streambed.
Based on the complexity of the project, staff reviewed the qualifications of the larger,
full - service engineering consultants and is recommending the City Council select RBF
Consulting based on its hydraulic analysis expertise, overall drainage design and
permitting experience, and successful track record for successfully completing difficult
projects on schedule for the City.
RBF Consulting was invited to submit a proposal and has provided a well- conceived
and comprehensive scope of work for the fieldwork, streambed stability analyses, final
design and permitting. At the request of many property owners, the consultant has
added a task to define measures to secure the canyon from unwarranted entry. Staff
has reviewed the proposed fee and thinks it is reasonable and realistic. RBF's design
schedule anticipates that the City will have permitted construction documents by the fall
of 2004.
Funding Availability:
The preliminary estimated total cost for the project including engineering design,
permitting and construction is approximately $2 million. Staff recommends approval of
the attached RBF Consulting professional services agreement, along with a Budget
Amendment of $250,650, and that RBF immediately proceed with preparation of the
engineering design documents for this important project.
Upon approval of the recommended budget amendment, sufficient funds for the project
will be available in the following account:
9
0
11
SUBJECT: UPPER MORNING C N CHANNEL - APPROVAL OF PROFESSION RVICES AGREEMENT WITH RBF
CONSULTING FOR P ARATION OF CONSTRUCTION DOCUMENTS
March 9, 2004
Page 3
Account Description Account Number Amount
General Fund 7012- C5100750 $250,650.00
Total: $250,650.00
Environmental Review:
City Staff would prepare CEQA documents for an anticipated Mitigated Negative
Declaration with assistance from RBF. The final construction drawings will include an
'ecological restoration plan including an exotic pest plant eradication plan.
Prepared by:
Robert Stein, P.E.
Principal Civil Engineer
Attachment: Professional Services Agreement
Memorandum of Intent
Budget Amendment
Submitted by:
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PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR MORNING CANYON CHANNEL STABILIZATION PROJECT
THIS AGREEMENT is made and entered into as of this _ day of ,
20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
CCity "), and RBF CONSULTING a corporation whose address is 14725 Alton Parkway,
Irvine, California, 92618 -2027 ( "Consultant'), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to implement Moming canyon Channel Stabilization Project
C. City desires to engage Consultant to prepare construction documents and
process these documents for permits from the jurisdictional agencies as outlined
in the Scope of Services attached hereto as Exhibit "A" and upon the terms and
conditions contained in this Agreement ( "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 Steve Huff,
P.E..
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 31st day of March, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
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City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit B. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
In no event shall Consultant's compensation exceed Two Hundred Fifty
Thousand Six Hundred Fifty Dollars and no /100 ($250,650.00) without
additional authorization from City. No billing rate changes shall be made during
the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall
reimburse
Consultant only for
those costs
or expenses
specifically
approved
in this Agreement,
or specifically
approved in
Pe
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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 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.
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 John McCarthy to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, -P.E. shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
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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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
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charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
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performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
• 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
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Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
Endorsements.. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement. ,
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
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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.
SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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
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conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Wont 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.
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WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest .on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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.
NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -Gass mail,
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addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3322
Fax: 949- 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: John McCarthy
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: 949 - 855 -5759
Fax: 949 - 586 -6531
28. TERMINATION
. In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of 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.
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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.
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.
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.
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.
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.
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.
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.
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk "
CITY OF NEWPORT BEACH,
A Municipal Corporation
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Mayor
for the City of Newport Beach
RBF CONSULTING:
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Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f lusers\pbw\sharedlagreementslfy 03- 04kbf- morning canyon channel- revised- 030204.doc
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• City of Newport Beach
EXHIBIT 'A"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPROVEMENTS
RBF Job No. 10- 103181
SCOPE OF WORK
February 25, 2004
GENERAL DESCRIPTION
The Scope of Work provided is for the review of conceptual design studies; and the development of a final
PS &E package for the stabilization of Morning Canyon from Pacific Coast Highway to the Pelican Hill Golf
Course in the City of Newport Beach. This reach of the Morning Canyon Channel is intended to be designed
in accordance with City of Newport Beach, and the Orange County Flood Control District (OCFCD) standards
and criteria, and will be in compliance with regulatory and Coastal Commission requirements. A conceptual
design report has been previously prepared for this portion of the Morning Canyon Channel titled, "Morning
Canyon, Stabilization, Hydrologic and Hydraulic Analyses," by Rivertech Inc, dated August 2002. The
conceptual design study identified recommended improvements to stabilize the channel reach and maintain
the riparian and alluvial characteristics of the existing stream corridor.
The proposed work effort will include a review and evaluation of the previous studies and reports that have
been completed on the project reach, refinement of the conceptual stabilization design, coordination with the
jurisdictional agencies, and development of final drawings, specifications, and estimates for the installation of
the proposed improvements.
The project coordination and approval process will include; processing and obtaining a Coastal Development
Permit from the California Coastal Commission; application and permit processing with the Army Corps of
Engineers, Fish & Game, and Regional Water Quality Control Board; and processing the drawings,
specifications, and estimates with the City of Newport Beach.
PHASE 1A - PRELIMINARY ENGINEERING
The goal of Phase 1 is to produce documents, exhibits, backup calculations and cost estimates so that:
• Staff can confirm the validity of the preliminary plan,
• Project costs can be reliably relayed to the City Council and the Irvine Company.
Once the City has approved the preliminary documents, the Consultant submit an application to the Coastal
Commission to gain concept approval for the project.
TASK 1.0 RESEARCH /INVESTIGATION/BASE DATA REVIEW
Upon notice to proceed, Consultant will review existing improvement drawings, studies,
record data, utilities, CONB GIS maps and other information relevant to the project and within
and adjacent to the project area. Consultant will conduct review at the City, Caltrans, and
County. Consultant will conduct field reconnaissance study and photo log of the existing
conditions including encroachments.
TASK 2.0 FIELD SURVEY / TOPOGRAPHIC MAPPING
Consultant shall collect field survey data for the design of the proposed improvements that
shall include the preparation of limited topographic base mapping through field survey
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methods. In addition, stream cross - sections will be obtained at critical locations. The field
survey data will be compiled to develop a topographic base map of the project area. Field
survey information will also include surface ground culture. The existing overgrowth of
vegetation severely limits the ability to efficiently survey the area; therefore, this task is a
budget item based on 60 -hours of field survey time (2- person crew), should additional
field survey /topographic mapping be required, a separate addendum will be provided.
All topography shall be electronically field data collected and detailed on a hardcopy back up
and field notes.
Data Processing and Deliverables: Consultant shall process all data and prepare all
drawings per City standards.
TASK 3.0 CONSTRAINT MAP
Based on CONB maps, an electronic version of a Constraint Map showing property lines,
ownership, relevant easements of record and other significant property rights that could affect
this project will be prepared for use by the design team.
TASK 4.0 GEOTECHNICAL INVESTIGATION
The objective of this investigation will be to assess streambed characteristics of the creek in
order to determine the potential armoring characteristics, and provide representative soil
samples for the scour analysis. The necessary personnel, equipment and materials to
perform subsurface exploration, laboratory testing and data analyses will be provided.
Depending on environmental concerns, either grab samples or hand auger samples may be
required. Soil samples will be taken at critical areas on the subject channel reach.
A report of the findings and geotechnicai recommendations for design of the project will be
prepared. Should additional geotechnical Investigation be required for structure design or
adjacent development slope stability analyses, a separate addendum will be provided. The
report shall be submitted to the City for review and approval.
TASK 5.0 PRELIMINARY HYDRAULIC AND SCOUR ANALYSIS
Consultant shall provide engineering services to perform the Preliminary Hydraulic Analysis
for the Morning Canyon and the proposed drop structure improvements. The Preliminary
Hydraulic Analysis will include verification of existing floodplain hydraulics for this portion of
the creek starting with the model already developed by Rivertech and modified as necessary .
with information obtained from the research and field survey. The existing and proposed
floodplain hydraulics conditions will be modeled utilizing the Army Corps of Engineers HEC-
RAS analysis. Channel geometric characteristics, such as conveyance cross - sections,
roughness coefficients, and encroachments, will be analyzed based on field cross - section
information and site inspections. Potential hydraulic constraints will be investigated prior to
analyzing proposed alternative designs.
The hydraulics of multi - frequency design flows shall be investigated and the associated
hydraulic impacts assessed to determine the level of flood protection associated with the
proposed improvements. The hydraulic analysis shall extend adequate distance upstream
and downstream from the proposed project to fully evaluate the impacts to the existing
flooding. Average hydraulic parameters generated shall be utilized for the scour and
sediment transport analysis to determine additional facility protection requirements. The
scour analysis shall incorporate aggradation and degradation tendencies associated with this
portion of the creek to be determined as part of Task 6.0. The scour analysis will determine
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the scour parameters used in designing and locating the proposed drainage facilities. In
addition, the limits and extent of the required protection downstream of each grade control
structure shall be determined. Modifications to the conceptual design shall be
recommended.
The hydraulic and scour analysis shall be prepared using hydrology previously developed for
the project area.
TASK 6.0 STREAMBED STABILITY AND SEDIMENT TRANSPORT ANALYSIS
Based on the channel baseline engineering analysis for the watershed hydrology and
hydraulic conditions developed in Task 5, the Consultant shall develop alternatives for
streambed and streambank stabilization for the Morning Canyon to be maintained in a
"natural' condition. These measures will provide control for in -stream degradation or lateral
bank migration. The analysis will be based upon the preliminary stabilization measures
developed in the Rivertech, Inc. study. Stabilization measures will focus maintaining the
natural channel response in the canyon, and identifying control measures that will achieve
these conditions. Grade control structures will focus on incorporating typical resource agency
requirements and re- establishing a stabilized natural stream system. The analysis will
provide recommendations for final design of structural streambank protection measures. The
analysis will Identify the potential long -term and short-term modifications to the channel
streambed, potential stream impacts, and identify the areas of potential lateral bank
migration.
The Consultant shall:
• Evaluate the anticipated long -term aggradation /degradation from the river hydraulic
effects utilizing standard sediment transport relationships.
• Estimate the event -based and average annual trends expected along the canyon
considering the current sediment sources in the watershed.
• Analyze the sediment balance for the stream by characteristic channel reaches, and
evaluating trends.
• Identify the areas and magnitudes of expected aggradation and degradation for a full
range of analyzed flood events.
• Evaluate the relative channel stability by evaluating incipient motion parameters and
the potential armoring.
A pseudo sediment routing model, such as the Department of the Army's SAM Hydraulic
Design Package for Channels program will be used to develop the long -tern equilibrium
slope for the channel. The SAM computer model is a fixed bed model which is used to
estimate sediment transport trends along the subject channel. This analysis will be used to
determine the need for grade control structures and other channel stabilizing measures. The
sediment inflow hydrograph will be applied to the various sediment categories based upon
the grain size distribution. The estimated degradation and aggradation depths along the
channel profile will be plotted in profile. Sediment transport quantities as a result of the
model will be summarized.
Perform a qualitative assessment of the potential Impacts to the downstream reach of
Morning Canyon below Paciflc Coast Highway as a result of the proposed channel
stabilization project. Identify potential impacts and recommend additional studies, as
necessary, based on the results of the assessment.
Results, findings and recommendations for Tasks 5 and 6 shall be submitted to the City for
review and approval. This report shalt include the background for the hydraulics, hydrology,
design criteria, constraints, assumptions, references, and technical calculations that will be
prepared in a suitable format acceptable for review by the jurisdictional agencies.
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TASK 7.0 CONCEPTUAL ACCESS ROAD ALIGNMENT AND GRADING STUDY
Consultant shall complete a conceptual access road alignment study to evaluate and
recommend a preferred roadway for the maintenance of the proposed grade control
structures. A maximum of 2 different alignments will be analyzed. The study will evaluate
the required alignment based on the physical, environmental, construction, and engineering
requirements. Preliminary grading requirements for the roadway embankment will also be
evaluated for the alternatives. A conceptual grading plan exhibit will be prepared which
illustrates the recommended design and submitted to the City for review and comment.
TASK 7.OA CREEK SECURITY STUDY
Consultant shall complete a conceptual creek security study to evaluate and recommend a
preferred method to provide fencing or other methods to prevent unauthorized access to the
creek and access roadway Improvements. A conceptual security plan exhibit will be
prepared which illustrates the recommended design and submitted to the Cityfor review and
comment.
TASK 8.0 RESTORATION /LANDSCAPE CONCEPT PLAN
Consultant shall prepare one presentation quality landscape concept plan for the project
restoration. The plan shall be prepared based on site opportunities and constraints, the
requirements of the City of Newport Beach and input on the planting palette from the project
biologist. The goals of the plan will be to incorporate the regulatory mitigation requirements
in- stream, and Include the drawings within the final construction documents. The plan shall
be prepared at an appropriate scale in Autocadd on a base map of the project site prepared
by RBF.. The plan shall depict areas of exotic plant removal, areas to be re- vegetated and
planting concepts. The plan and a preliminary estimate of construction costs will be submitted
to the City for review, comment and approval.
It is assumed that re- vegetation can be achieved without the use of an automatic irrigation
system and the design of a system is excluded from this scope of work.
TASK 9.0 PRELIMINARY EXHIBITS AND SUBMITTAL TO COASTAL COMMSISON FOR
APPROVAL IN CONCEPT
Consultant shall prepare plan and profile exhibits which will consist of a Preliminary Plan for
the general layout of the proposed grade control structures, specifically focusing on the (1)
control structure layout, (2) access road alignment, and (3) and temporary and permanent
grading requirements. Conceptual layout plans will be produced at an appropriate scale
utilizing existing available topography. Additional information to be indicated on these
exhibits will include the base map data from research, facility sizes, roadway dimensions,
easements & right -of -way, and encroachments.
This task shall include preliminary cost estimates, a constructability review of the preliminary
design to assess the potential construction impacts, and prepare a value - engineering studyto
determine potential modifications to the design to reduce construction impacts or project
cost. Recommended modifications will be discussed with the City, and incorporated into the
final plans as necessary.
Prepare a permit package for submittal to the CCC. Process the package for Concept
Approval. List all the elements you expect to be needed for the submittal. Adjust you budget
accordingly.
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TASK 10.0 PROJECT MANAGEMENT /PROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action Item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall include the preparation of exhibits and handouts, and attendance at one public
meeting to be set up by the City.
PHASE 1 B — ENVIRONMENTAL ASSESSMENT AND PERMIT PROCESSING
TASK 11.0 JURISDICTIONAL DELINEATION AND REPORT PREPARATION
Consultant will perform a jurisdictional delineation to determine jurisdictional "waters of the
United States," including wetlands (if present), located within the boundaries of the proposed
project. This task also includes a biologic constraints survey (prepared by LSA Associates),
to aid in the limits of the jurisdictional delineation. The delineation will result in a
determination of the ordinary high water mark(s) (OHW M) within the project site and indicate
the existence of any adjacent wetlands not within the jurisdictional ordinary high watermark.
The actual presence or absence of wetlands on -site will be verified through the determination
of the presence of hydrologic conditions, hydrophytic vegetation, and hydric sots pursuant to
the 1987 Army Corps of Engineers (ACOE) Wetland Delineation Manual.
Using detailed mapping of the project area, Consultant shall prepare ajurisdiction delineation
map and technical letter report detailing the results of the field delineation. Consultant will
provide an assessment of acreage considered by the Army Corps of Engineers (ACOE) and
the California Department of Fish and Game (CDFG) to bejurisdictional "waters of the United
States."
TASK 12.D PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with the Army Corps of Engineers (ACOE),
the California Department of Fish and Game (CDFG), and the Regional Water Quality
Control Board (RWQCB) at the appropriate time to discussion potential permitting strategies
available for the proposed project, including mitigation expectations. It is crucial to obtain
feedback from the regulatory agencies prior to any vegetation removal on -site. RBF has
found these Pre - Application Field Meetings to be extremely beneficial with regards to
streamlining the permitting process.
TASK 13.0 COASTAL COMMISSION PRE - APPLICATION FIELD MEETING
Consultant shall coordinate an on -site meeting with representatives from the Coastal
Commission - South Coast District Office to discuss potential permitting needs for the
Morning Canyon streambed within the Coastal Zone. Prior to setting up the field meeting.
RBF will provide a conceptual plan showing access to the canyon, an estimate for the
quantity of vegetation that will be removed, and the method of removal. At the field meeting,
RBF and the Coastal Commission will discuss the following key elements to move forward
with the design aspects of the project: 1) the permitting approach to formally identify the
Coastal Commission's application requirements, 2) alternatives for disposing the removed
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vegetation, 3) mitigation requirements (i.e. on -site or off -site habitat restoration, interim
erosion control, or participation in other Coastal Commission restoration activities, etc.) and
4) a formal request that mitigation associated with survey activities (if required) be tied to the
construction mitigation that will be conditioned under the final CDP.
PHASE 2 — FINAL DRAWINGS, SPECIFICATIONS AND ESTIMATES
Phase 2 includes the final design of the recommended improvements developed in Phase 1, and will not
proceed without prior City approval.
TASK 14.0 FINAL HORIZONTAL & VERTICAL ALIGNMENT
Provide engineering services to perform calculations for the final horizontal and vertical
alignment of the proposed grade control structures and channel improvements. This shall
include the development of construction centerline for the finalized access road and channel
facilities. Construction stationing developed from the horizontal and vertical alignment
calculations. Precise coordinates shall be determined for the location of the proposed
facilities. A horizontal control plan shall be produced which provides the survey control data
for critical points on the proposed improvements.
TASK 15.D MORNING CANYON IMPROVEMENT DRAWINGS
The consultant shall prepare improvement drawings for the stabilization of Morning Canyon
Channel from north of Pacific Coast Highway to the Pelican Hills Golf Course. The proposed
improvements will be based on the approved Preliminary Design Study completed in Phase
1A. This task is based on the construction of 4 gabion drop structures and 2 groins located
along an approximately 800 foot reach of channel. If during the course of design review it is
determined that modifications are required to the original concepts, then this redesign will be
accomplished through a separate addendum to the Client.
This work item is based on the preparation of one set of Morning Canyon Channel
improvement drawings. The construction drawings will include cover and general note
sheets, channel plan and profile, grade control structure sections and details, grading, lateral
profiles, and quantities on standard City of Newport Beach format prepared at a scale of
1 " =40' or 1"=20'.
TASK 16.0 ACCESS ROAD DESIGN DRAWINGS
Provide final engineering services for the preparation of construction drawings for the
Morning Canyon access roadway. The roadway alignment and configuration will be based on
the preferred alternative developed as part of the "Conceptual Access Road Alignment and
Grading Study" completed in Phase 1A. The roadway drawings will be processed for
approval through the agencies as part of the Morning Canyon Improvement Drawings. This
work item includes the preparation of plan and profiles, grading, and associated details
necessary for the construction of the access roadway at a scale of 1 "=40' or 1 " =20' on
standard City of Newport Beach format. It is assumed for this task that retaining walls will not
be required for the construction of the access road.
TASK 17.0 RESTORATIONLANDSCAPE IMPROVEMENT DRAWINGS
Consultant shall prepare one set of final landscape construction drawings, specifications and
cost estimates in sufficient form and detail to obtain approval from the Coastal Commission,
the US Army corps of Engineers and the City. The drawings shall be prepared based on the
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approved landscape concept plan prepared under Task 8. The drawings will be prepared at
an appropriate scale on base maps of the project site prepared by RBF. The drawings will
include plant removal drawings, a planting drawing, one planting detail sheet and
specifications for planting.
TASK 18.0 FINAL HYDRAULICS AND SEDIMENT TRANSPORT ANALYSIS
Consultant shall prepare a final hydraulic and sediment transport analysis of the proposed
channel improvements indicated on the construction drawings. The final design water
surface generated shall also be indicated on the drawings. All hydraulics studies shall be
completed in conformance with the latest available design, drafting, and policyand procedure
manuals of the City of Newport Beach, and the County of Orange.
This task includes the preparation of a "Final Channel Hydraulics " which will serve as
documentation of the final engineering design and associated technical analysis to support
the Morning Canyon channel design. The report shall update the preliminary report including
the backup data regarding final hydraulics, hydrology, existing facility data, design criteria,
specific design requirements, design constraints, assumptions, quantity and cost estimate
support, and all engineering calculations or analysis.
TASK 19.0 FINAL COST ESTIMATE
Prepare a final estimate of construction quantities and costs based upon the channel,
roadway, and landscape drawings utilizing current City cost data and the latest edition of
Caltrans Contract Cost Data book, and compare to established project budget.
TASK 20.0 SPECIAL PROVISIONS
Consultant shall develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included in the City's
standard contract documents. City will prepare the upfront "boiler plate" portions of the
contract documents (e.g. general provisions, contract requirements, notice to contractors,
etc.).
As needed, specifications shall include specific NPDES stormwater provisions the contractor
will need to implement. There should also be discussion on nuisance flow diversion during
construction.
TASK 21.0 ARMY CORPS OF ENGINEERS 404 PERMIT APPLICATION
Assuming the Prolect will Require a Nationwide Permit Consultant will prepare a submittal
package for a Army Corps of Engineers Permit to satisfy the requirements of Section 404 of
the Clean Water Act. It is assumed under this task that authorization to proceed from the
Corps can be achieved by using a Nationwide Permit (NWP). Nationwide Permit refers to a
type of general permit which authorizes typical activities on a nationwide basis. Based on our
preliminary assessment of the site conditions, Including our current understanding of the
project's funding constraints, RBF believes that the project can be authorized under NWP 3,
Maintenance Activities. Critical elements for this NWP are paraphrased below.
"The repair, rehabilitation, orreplacement of anypreviously authorized, cum3ntlyserviceable,
structure, or rill, or any currently serviceable structure or rill, provided that the structures or fill
is not to be put to uses differing from those uses specified or contemplated for it in the
original permit or the most recently authorized modifrcatlon. This NWP authorizes the repair,
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. rehabilitation, or replacement of those structures or fills destroyed or damaged by storms,
floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their
destruction or damage. In cases of catastrophic events, such as hurricanes ortomadoes, this
two year limit may be waived by the District Engineer, provided the permittee can
demonstrate funding, contract, or other similar delays. °
Consultant will initially consult with the ACOE and request that the two year limitation for
NWP 3 be waived due to previous project funding delays. Should it be determined by the
Corps that an Individual Permit (IP) would be required for the proposed activities instead of a
NV/P, the Client shall be notified and work shall continue based on a separate addendum or
on a time and materials basis, subject to Client approval.
The submittal package will include: a) 404 permit application standard form, b) vicinity map,
c) project description, d) jurisdictional delineation report, e) biology report, f) cultural
resources report, g) geology report, and h) site photos. Should this amount be exceeded, the
Client shall be notified and work shall continue based on a separate addendum or on a time
and materials basis, subject to Client approval.
TASK 22.0 CALIFORNIA DEPARTMENT OF FISH AND GAME 1600 PERMIT APPLICATION
Consultant will prepare an application submittal package for the CDFG 1600 Agreement for
Streambed Alteration (also known as a Streambed Alteration Agreement). The submittal
package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d)
jurisdictional delineation map, and (e) site photos. This task does not include the permit filing
fee, which can range up to $1,390.50 depending on the construction cost of the proposed
project.
TASK 23.0 REGIONAL WATER QUALITY CONTROL BOARD SECTION 401 WATER QUALITY
CERTIFICATION
Consultant will prepare a submittal to secure a Water Quality Certification from the State
pursuant to Section 401 of the Clean Water Act. This certification is necessary prior to the
Corps concurring with discharges of fill material under the Corps permit process. This task
does not include the permit filing fee, typically $2,250.
TASK 24.0 RESOURCE AGENCY PERMIT PROCESSING
Provide regulatory services for the processing of the permits through the Army Corps of
Engineers, the California Department of Fish and Game, and the Regional Water Quality
Control Board. The processing shall include required correspondence or telephone calls
between the reviewing staff related to the permit or points of clarification and coordination
with the biological consultant, if necessary. This item includes any meetings with the
reviewing staff of the resource agencies during the review process. The fee associated with
this work is a budget amount since it is difficult to anticipate the processing requirements. A
budget amount of 35 hours has been allocated for this work item. Should this amount be
exceeded, especially due to the Corps' or CDFG's requirement for mitigation, then the Client
shall be notified and work shall continue based on a separate addendum or a time and
materials basis, subject to Client approval.
TASK 25.0 COASTAL DEVELOPMENT PERMIT APPLICATION FOR CONSTRUCTION
ACTIVITIES
• RBF shall prepare the CDP application based on input from the Coastal Commission and City
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of Newport Beach. At a minimum, the following Items will be included with the CDP
application:
Proof of applicant's interest in the property
• Assessor's Parcel Map(s) showing the proposed development site and all adjacent
properties within 100' of the property boundary
• Stamped envelopes addressed to neighboring property owners and occupants and
other interested parties and a list of the same
• Vicinity Map
• Two sets of project drawings, site plans, and other applicable drawings.
• Copy of environmental documents if prepared for the project and any comments and
responses
• Verification of all other permits, permissions or approvals applied for or granted by
public agencies
• Copy of Geology or soils report
• Local approval of the project
• Notice of Pending Permit to be posted in a conspicuous place
• Filing Fee
This task includes the application of one coastal development permit for the project
construction. Should additional permits be necessary for the completion of design services,
then this work can be accomplished through a separate addendum for an additional fee.
TASK 26.0 COORDINATION FOR PROCESSING OF COASTAL DEVELOPMENT PERMITS
RBF will coordinate the processing of the CDP application with the Coastal Commission, City A&
of Newport Beach and other consultants. Interagency coordination should be initiated with
the other regulatory agencies (Army Corps of Engineers, California Dept. of Fish and Game,
Regional Water Quality Control Board, etc.) as soon as possible to ensure that the CDP
applications address the jurisdictional needs of the Coastal Commission. This item includes
any meetings (excluding the pre- application field meeting) with the Coastal Commission staff,
Client or consultants to review the CDP applications, respond to comments and discuss the
proposed conditions of approval. Projects considered by the staff to be consistent with the
California Coastal Act will be placed on the consent calendar for the next available Coastal
Commission hearing for approval. Two representatives from REF will attend one public
hearing with the Coastal Commission. A budget amount of 80 hours has been allocated for
this task. If a second hearing is required (i.e. if the design survey activities are separated
from the construction activities and two separate CDP applications are required), the Client
shall be notified and the second hearing will be authorized under a separate work request.
TASK 27.0 CONTROL SURVEY AND PROPERTY LINE RESEARCH AND INVESTIGATION
Consultant will review the preliminary title reports for each of the subject lots as furnished by
the City and conduct research with the County of Orange, City of Newport Beach and local
agencies to obtain recorded maps and documents pertaining to the land boundaries and
survey monumentation. Prior to performing the field survey, the Consultant shall confer with
the City Surveyor to ascertain performance guidelines and requirements. Field surveying will
be performed to tie and adjust the existing local project control system to the published
horizontal and vertical control.
Field investigation will include verification of the sufficiency of existing survey monumentation
to support the final boundary determination survey. 0
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Additional survey measurements and analysis will be performed to test the accuracy of the
existing topographic mapping, and to tie pertinent improvements as needed to define the new
facility locations.
TASK 28.0 MONUMENT PRESERVATION
Consultant shall locate, tie out and prepare pre - construction Comer Records for the existing
monumentation that will be destroyed during the construction phase. Upon completion of
construction and acceptance of improvements by the city, consultant will re -set the destroyed
monumentation and file post - construction Comer Records.
TASK 28.0 LEGAL DESCRIPTIONS AND EXHIBITS
Legal descriptions and exhibit maps will be prepared for use in properly rights acquisitions
between the City and homeowners. The type of property rights to be acquired will range from
temporary construction easements to drainage easements, access easement, the vacation of
existing easement no longer necessary and others items as may be needed to complete
subject project. A total of 35 legal descriptions and exhibits are anticipated and included in
this task. Additional legal descriptions and exhibits will be prepared under a separate
addendum.
TASK 30.0 PROJECT MANAGEMENT/PROJECT COORDINATION
Consultant shall supervise, coordinate, monitor and review design for conformance with City
policies and procedures and with City of Newport Beach plan standards.
Consultant shall coordinate with City and other Agencies to facilitate project delivery.
Management support shall be provided to support resolution of project design scope and
scheduling. Consultant shall prepare an action item matrix, document all project decisions,
and distribute correspondence copies to all Project Team members as appropriate.
This task shall also include a budget amount of 20 hours to assist the City with the
preparation of CEQA documents.
SCOPE ASSUMPTIONS:
GENERAL
Structural BMP facilities are not anticipated for the project. If facilities are necessary
to satisfy environmental mitigation measures, an additional scope and fee will be
determined.
2. NPDES permit requirements and stormwater pollution prevention plan (SWPPP) will
be included as a requirement of the construction contract in the project Special
Provisions.
3. Phase 11 hazardous waste assessments are not included in this scope of work.
4. Required signatures for Coastal Development Permit to be obtained by the City
5. This scope of work does not include any specialty environmental mitigation
measures such as soundwalls or off -site landscape modifications. Any specialty
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mitigation measures requiring implementation as a result of the approved
environmental document will be negotiated separately with the Client.
6. One Public Meeting/presentation is included in the Phase 1A, Task 10 scope of
work.
7. All permit application /processing fees to be paid by the City.
6. Authorization for access to private properties for Consultant to complete field
reviews /surveys to be obtained by the City.
9. CEQA document to be completed by the City. A budget amount of 20 hours is
included in Phase 2, Task 30 to assist the City in the preparation of CEQA
documents.
GEOTECHNICAL
10. Remedial mitigation drawings for landslides, development slope stability, or the
removal of hazardous waste are not included in this scope of work.
11. Drumming and testing of soil cuttings will not be required.
12. Hazardous materials or waste handling during geotechnical explorations is not
included in the geotechnical fees. The Client will be notified immediately if
hazardous materials or waste are encountered during the field investigation.
RIGHT-OF-WAY
13. Right -of -way appraisal and acquisition services including temporary construction
easements are assumed to be provided by the City, and are not included as a part of
this scope of work.
ESCALATION
14. An annual escalation factor of a maximum five percent may be assessed for all
design or construction support work performed after March 31, 2005. Consultant
shall provide the City written justification for any proposed increase.
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iEXHIBIT "B"
CITY OF NEWPORT BEACH
MORING CANYON CHANNEL IMPRO\
RBF Job No. 10- 103181
COMPENSATION
Client agrees to compensate Consultant for the work outlined in Exhibit "A" in accordance
with the schedule identified below:
PHASE 1A
1.0
Research /Investigation /Base Data Review
$ 3,500.00
2.0
Field Survey/ Topographic Mapping
16,100.00
3.0
Constraint Map
2,300.00
4.0
Geotechnical Investigation
8,100.00
5.0
Preliminary Hydraulic and Scour Analysis
10,530.00
6.0
Streambed Stability and Sediment Transport Analysis
12,000.00
7.0
Conceptual Access Road Alignment and Grading Study
6,300.00
7.OA
Creek Security Study
5,000.00
8.0
Restoration /Landscape Concept Plan
3,500.00
9.0
Preliminary Plan Exhibits and Design Study
12,660.00
10.0
Project Management/Project Coordination
10.450.00
PROPOSAL SCOPE
MORNING CANYON
Phase 1A Professional Fee
$ 90,440.00
C:Wy DocumentslProposallSampleslMonning CanyonlMoroing Canyon Proposal- Final.doo
Reimbursable Budget
3.000.00
Page 12
Phase 1A Subtotal
$93,440.00
PHASE 1 B
11.0 Jurisdictional Delineation and Report Preparation $ 5,300.00
12.0 Pre - Application Field Meeting 1,240.00
13.0 Coastal Commission Pre - Application Meeting 2.300.00
Phase 1B Subtotal $ 8,840.00
Reimbursable Budget 2.000.00
Phase 113 Subtotal $9,840.00
PHASE 2
14.0
Final Horizontal and Vertical Alignment
$ 1,800.00
15.0
Morning Canyon Improvement Drawings
27,800.00
16.0
Access Road Design Drawings
8,340.00
17.0
Restoration /Landscape Improvement Drawings
3,400.00
18.0
Final Hydraulics and Sediment Transport Analysis
6,840.00
19.0
Final Cost Estimate
3,340.00
20.0
Special Provisions
6,900.00
21.0
Army Corps of Engineers 404 Permit Application
2,280.00
22.0
California Department of Fish and Game 1600 Permit Application
1,600.00
23.0
RWQCB Section 401 Water Quality Certification
1,550.00
24.0
Resource Agency Permit Processing
3,600.00
PROPOSAL SCOPE
MORNING CANYON
AND FEE
CHANNEL IMPROVEMENTS
Revision Date:2/25l004
C:Wy DocumentslProposallSampleslMonning CanyonlMoroing Canyon Proposal- Final.doo
Page 12
0 •CITY OF NEWPORT BEACH
25.0 Coastal Development Permit Application for Construction Activities
26.0 Coordination for Processing of Coastal Development Permit
27.0 Control Survey and Property Line Research and Investigation
28.0 Monument Preservation
29.0 Legal Descriptions and Exhibits
30.0 Project Management/Project Coordination
Phase 2 Subtotal
Reimbursable Budget
Phase 2 Subtotal
Total
3,840.00
10,290.00
9,000.00
4,000.00
37,500.00
10.290.00
$ 142,370.00
5.000.00
$147,370.00
$ 250,650.00
Progress billings will be forwarded to the Client and will include the fees earned for the billing period
plus all direct costs advanced by Consultant such as blueprints, reproductions, Governmental fees,
permit fees and additional insurance riders requested by Client.
The Client shall make every reasonable effort to review invoices within fifteen (15) working days
from the date of receipt of the invoices and notify Consultant in writing of any particular item that is
alleged to be incorrect.
Term of Contract
March 1, 2004 to March 31, 2005
PROPOSAL SCOPE AND FEE Revision Date21PG4004
MORNING CANYON CHANNEL IMPROVEMENTS
C.Wy D�nlsWroposalkSampleaWonning CanyonWoming Canyon Proposal-Final.doc
Page 13
0
0
0
0 0
MEMORANDUM OF INTENT
This non - binding Memorandum of Intent (MOI), dated the day of
between the City of Newport Beach (City) and
the owner(s) of property located at
(the Property) is based on the following:
A. The Property is improved with a single family residence and the
rear yard slopes to the bottom of a stream bed and associated
riparian area commonly known as Morning Canyon (the term
"Morning Canyon" as used in this MOI refers to the streambed
and slopes that are depicted in Exhibit A).
B. Morning Canyon has been subject to erosion which has the
potential to cause slope failures due to scouring at the toe of the
slope.
C. The Morning Canyon streambed and adjacent riparian area is
dominated by non - native species and has been the subject of
numerous private improvements that have altered the natural
character of the area.
D. The City and the Owner agree that the cause of the erosion, and
the legal responsibility for maintaining the streambed, would be
difficult to ascertain and any determination of responsibility
would involve considerable time and expense on the part of both
the Owner and the City.
E. The City is, subject to an expression of support from the Owner
through the execution of this MOI, willing to expend
approximately $250,000 to retain consultants for the purpose of
preparing biological and geotechnical assessments, designs,
drawings, specifications and permit applications for a Morning
Canyon Restoration Program that is more thoroughly described
in Exhibit B (Program).
F. The key components of the Program - which have been the
subject of consultant analysis performed prior to this MOI - are:
0
9 •
(1) The installation of natural rock stabilizers in the
streambed that are designed to protect the canyon from
dangerous erosion from storms up to the "100 year" event;
(2) The installation of other surface or subsurface erosion
control devices;
(3) The removal of non - native vegetation;
(4) The planting of native species;
(5) The perpetual maintenance of the stabilization and
erosion control structures and the native landscaping.
G. The City would, to implement the Program, be required to obtain
from the every owner of property adjacent to Morning Canyon an
easement to construct an access road for construction
equipment, grading, stockpiling materials and grading spoils and
planting native vegetation.
H. The City would, to maintain Program improvements, be required
..to- obtain from every owner of property adjacent to Morning
Canyon an access easement across a portion to maintain the
structures and landscaping.
I. The City would, to maximize the benefits of the Morning Canyon
Restoration Program, be required to enforce irrigation and
planting guidelines that would minimize the amount of irrigation
water that drained from the Property into the streambed and to
prevent exotic species from interfering with the native species.
J. The City presently intends, subject to receipt, at no cost to the
City, of all easements necessary to implement and maintain the
Program, to seek and obtain all permits and prepare all
environmental documents that are prerequisites to the
implementation of the Program.
K. The City presently intends, again subject to receipt, at no cost to
the City, of all easements necessary to implement and maintain
the Program, to construct the Program at its sole cost and
expense and to maintain all. Program improvements in perpetuity
at its sole cost and expense.
IN LIGHT OF THE FOREGOING
Owner expresses his /her /their present intent to grant to the City,
without consideration other than the City's construction and
maintenance of the Program at its sole cost and expense, easements
aacross, over and under the Property to the extent necessary to allow City
to construct and maintain Program improvements.
City, subject to execution of this MOI by all owners of Property
along Morning Canyon, will retain consultants to prepare plans and
specifications for the Program in sufficient detail to allow the submittal of
applications for all necessary permits and the preparation of all necessary
environmental documents. Assuming that all permits are issued, the City
presently intends to seek easements from all owners of Property along
Morning Canyon that provide the City with all rights necessary to
construct and maintain Program improvements in perpetuity. Assuming
City receives all necessary easements and permits, the City presently
intends to proceed to budget funds to construct Program improvements,
initiate the public contract bidding process, award a construction
contract to the lowest responsible bidder and proceed with construction
of Program improvements. The City acknowledges that Owners execution
of this MOI does not constitute a binding commitment to grant City any
easement relative to Morning Canyon or the Program. City also
acknowledges that, while City is expending funds in reliance on the
execution of this MOI by all owners of property along Morning Canyon,
City has no right to recover all or a portion of the funds expended from
any owner of property along Morning Canyon.
Address
Owner Date
Owner Date
City Manager
I*
Oty of Newport Bead* NO. BA- 038
BUDGET AMENDMENT
2003 -04 AMOUNT:1 $250,650.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations related to the Upper Morning Canyon Channel Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Approval: Administrative Services
Signed:
Signed:
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$250,650.00
$250,650.00
Date
Da
Date
Description
Division
Number
7012 General Fund - Drainage
Account
Number
C5100750 Upper Morning Canyon Channel
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number "
Account
Number
Signed:
Approval: Administrative Services
Signed:
Signed:
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$250,650.00
$250,650.00
Date
Da
Date
%ty of Newport BeaC19 NO. BA- 038
BUDGET AMENDMENT
2003 -04 AMOUNT: $�o3,2ao.00
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
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations related to the Upper Morning Canyon Channel Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Signed: 4&&
Fiinancial ADDroval: Administrative Services Director
Signed
Signed:
Approval:
Amount
Debit
$103,280.00
Credit
$103,280.00
3-io-v
Date
a
Dt
Description
Division
Number
7012 General Fund - Drainage
Account
Number
C5100750 Upper Morning Canyon Channel
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Signed: 4&&
Fiinancial ADDroval: Administrative Services Director
Signed
Signed:
Approval:
Amount
Debit
$103,280.00
Credit
$103,280.00
3-io-v
Date
a
Dt
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: Morning Canyon Erosion
•{�� is I (} li 1 .QO
Tuesday, March 9, 2004
Dear Council Members:
The erosion problems in Morning Canyon directly threaten my property and the property of my neighbors. I am
here to encourage the City to take responsibility for the repair and maintenance of the flood channel that runs
through the canyon.
I have lived on Morning Canyon for over forty years. I purchased my house new in 1962. The City has a 10foot
easement along the northern edge of my property to allow for the maintenance of a 52" drainage pipe that ends
in a concrete outflow structure at the bottom of the canyon. This pipe carries the majority of water that flows
into Morning Canyon and out to the ocean.
Since 1962 there have been other severe storm events like the recent "El Nino" rains, but it wasn't until after the
completion of the golf course that the character and topography of the canyon really started to change. Prior to
that time, the level of the channel bottom remained constant regardless of seasonal storms. During rainstorms,
water flowed through the canyon, but for most of the year the channel bottom was dry, and a maintained access
road ran its length.
Since the completion of the golf course and other upstream development, drainage water has flowed year round
saturating the soil. Dense thickets of bamboo and other plants have taken hold. The dense foliage and other
alterations in the canyon have changed the course of the water flow. The level of the channel bottom has
dropped considerably, and a deep scour hole is moving up the canyon. This scour hole now threatens to
undermine the city's concrete outflow structure, which sits on my property.
Newport Beach uses Morning Canyon as an outlet for its city drains. It is essentially a public flood channel.
The City has maintained the canyon in the past, but for some reason stopped doing so.
I urge the City to once again take responsibility for the Morning Canyon drainage channel, to mitigate the
current erosion damage and to implement a long -term solution. The residents on both sides of the canyon
recognize the urgency to resolve this matter, and have expressed a willingness to work with the City by
providing all access necessary for the City to plan and implement a solution.
Time is of the essence. Morning Canyon is a ticking time bomb of future property damage and liability
lawsuits. Please start the process tonight by approving both Actions in Agenda Item 18.
Thank You,
Helen R. Lusch
621 Rockford Road
Corona Del Mar, CA
0 3kd0q, Ole
Morning Canyon Project
I am Cal McLaughlin a Professor of Environmental Toxicology at UCI. For what it is worth I took and
passed the Hydrodynamics course at MIT. My wife, Helen McLaughlin who is a retired Federal Agent
and was a Newport Beach Planning Commissioner, has owned 544 Seaward Road for more than 30 years,
her property slopes gently down to the Morning Canyon as it exits the Irvine Company land next to the
golf course. One of my roles as Prince Consort is keeping her lawn mowed and watered. I have used
water in the creek that runs through Morning Canyon to water her lawn for many years as part of my
recycling efforts. This creek is fed by a spring in the upper part of Morning Canyon above the fifth
fairway. The flow has failed only two years during September and October, in 1977 and 1991 in more
than 30 years I have observed it. On one occasion I walked the entire canyon from start to the coast. I
have walked the canyon to Coast Highway on a number of occasions. Thus I have extensive experience .
with the biology and topography of upper Morning Canyon. I would be surprised if anyone in the room
has put in more hours observing the canyon and its wildlife than I.
During all these years the stream bed meandered around but stuck fairly close to the center of the U shape
of the canyon and was confined in a channel that was less than a foot deep and under two feet across.
Now consider the El Nino event in December 1997 that did change the canyon. During intense storms the
runoff has always looked muddy golf course or no golf course. Under these the conditions these was
neither gain nor loss of elevation in the canyon bottom by my house before or after the golf course.. The
El Nino event in the in December of 1997 was by all accounts a 100 year storm That huge storm scoured
the canyon. Head cutting in the upper part of Morning Canyon right by my house took the creek bed from
an elevation from the surface of the canyon of minus a foot to an elevation of minus 5 feet. The channel
width went from two feet to 6. feet. The water in the canyon ran 40 feet wide and two feet deep above the
new channel which has a cross section of 30 square feet. Thus the creek had a 120 square foot cross
section compare to the one half square foot cross section during average flow. The velocity was very high
and indicated that a large volume of water was flowing the canyon. Damage might well have been worse
if it were not for the retaining dam on the golf course which moderated and lengthen the peak flow.
Water in fact topped the dam as it was designed to do. In the years since that event the canyon has been
stable and the creek is running the same channel it made during the event. It is gradually filling in with silt
at the upper end. This has raised the channel by 6 inches from the El Nino minimum. Head cutting, which
is the way canyons around here grow, is at an end in the upper canyon region as it has out back to. the
dam. The two dams on Morning Canyon are both undershot dams. They are not retarding much if any
silt. This huge amount of El Nino flow wrecked havoc on third Beach and took out all of the stairways
from Cameo Shores to Third Beach on Morning Canyon. The point that I want to make is that we
survived a 100 year flood in pretty good shape. There was no significant damage on the Seaward side. .
One naively thinks of the water as entering our area from the top of Morning Canyon and flowing to the
ocean. The complication is that Surrey Canyon before it was filled drained a larger area than upper
Morning Canyon. Historically they joined a few hundred feet just above Coast Highway. The water that
flowed down Surrey Canyon now flows out the 42 inch pipe that enters Morning Canyon across from the
Cabin residence at 528 Seaward. Water from the top of Morning Canyon enters the canyon from an
underflow pipe of about the same size under the dam that forms the bridge over Morning Canyon for the
golf carts. A table giving the peak flows in cubic feet per second for the maximum storm likely to occur in
different time periods follows: A cubic foot is about 7.5 gallons
Golf Course Dam 42 Inch Pipe Total
2 Year Storm 46 157 203
5 Year Storm
65
216
281
25 Year Storm
89
262
351
100 Year Storm 142
365 507
As you see the only about 25% of the water that reaches Coast Highway via Morning Canyon actually
enters Morning Canyon via the golf course dam above the McLaughlin § residence at 544 Seaward.
There are two points to this table. The first is that it supports my position that rock field #1 does nothing
and should not be built no matter what happens to the .rest of the.project. The dam on the golf course
already controls the flow enough that rock field #11has no impact and it only would control 25% of the
flow anyway. If the #1 rock field is built it should be right below the dam since that is the area of
maximum slope. Three quarters of the water enters at the 42 inch pipe. None of the homes suffered any
significant damage on the Corona Highlands_ side of the canyon. There are two or three homes on the
Cameo Highlands side that have slope or potential slope problems. My guess is that these slope failures
are due to the way Surrey Canyon was filled in when Cameo Highlands was constructed. If the city feels
it has to help those homeowners why not do something local to help them get the permits to stabilize their
own slopes. You could solve any problems with local water flows at the level of the involved property. It
seems to me most unwise to spend t4b million ddllais and involve the whole canyon to solve a problem
that has a less expensive alternative solution.
1 am also afraid that the people are going to be very unhappy with the result. One of the sticking points is
sure to be the roadway or trail down the canyon to allow the city to come in and maintain the vegetation.
The last time the canyon was cleared by bulldozer in`tiie early 80s we had a rash of burglaries and
vandalisms where people approached the houses from the canyon side. Stealing something like a TV set
is difficult if you have to bushwhack your way back to the getaway car. If the vegetation is a problem let
the fire marshal use his ample power to have the homeowners fix the problem. If the homeowners do this
at random times the canyon will remain difficult to walk through and the wildlife will be protected.
As I understand it so long as no one interferes with the natural flow of water no one can be sued
successfully. To this point the city has not interfered with the natural flow of the water. why is in the
city § best interest to become involved.
0
CITY OF NEWPORT BEACH
GENERAL SERVICES DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768. NEWPORT BEACH, CA 92658 -8915
(714)644 -3055
July 2, 1990
Mary A. Rouse
522 Seaward Road
Corona del Mar, CA 92625
Dear Ms. Rouse,
This Letter is to inform you that,the City of Newport Beach intends,
as it has in the past, to clean out the Morning Canyon flood drainage
channe of weeds, bushes and debris starting July 36, 1990. This
drainage area lies between Cameo Highlands and Corona Highlands. The
Purpose of cleaning the ditch is to allow water to flow through it
during heavy rains and thereby prevent flooding of public and private
property as well as to decrease the threat of fire during the dry
seasons.
To help in this project, it is requested that you have any private
Plants, shrubs or trees located within the 22 foot City easement
extending eastward of the utility poles removed by July 29, :990.
you need further information regarding the clearance of Morning
Canyon, please contact Mr. Leon Hart, Field operations Superintendent,
at 644 -3060.
f
David E. Niederhaus —
DEN /an
cc: City Manager
L
"WIN.,
S N6,
TRACT
N_°
3 519
IN THE CITY OF NEWPORT BEACH,
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CALIFORNIA
E-EING A SUBDIVISION OF
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— wlatr: ORANGE COUNTY, CALIFORNIA.
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THE CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA
1t1 IN(; A SUBDIVISION OF POR "f IONS OF BLOCKS 95,
130 AND 131 OF IRVINES 508DIVISION AS SHOWN ON '
MISCELLANEOUS RECORD MAP 1 -88 RECORDS OF
..i ..." I... .,I„ ORANGE COUNTY ' CALIFORNIA.
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CALIFORNIA
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09)Y OF NEWPORTOEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3311
December 20, 2001
Mr. Chris Wynkoop
Mrs. Joy Wynkoop
601 Rockford Road
Newport Beach, CA. 92625
SUBJECT: Slope Restoration
Dear Mr. and Mrs. Wynkoop:
Your proposal envisions construction of gabion walls, a drainage system, and
appurtenances to restore and protect the slopes of your property at 601 Rockford Road
and your neighbor's property at 515 Rockford Place. The City is concerned that the
proposed slope restoration /repair work may have adverse impacts to the drainage
channel and neighboring properties. Hence, after a preliminary review of your
construction plan, the City has taken the following position and offers the following
recommendations and provisions:
1. The City recommends all structural improvements be located outside of the
22 -foot wide drainage easement and at least 25 -feet from the. rear property
line to avoid Planning Commission approval as required per the City's Land
Use Element of the General Plan.
2. The City does not support the use of gabion walls as a long -term solution.
The City recommends caissons in lieu of the gabion walls. Caissons should
be located outside of the channel flood limits defined by the 100 -years storm
event as determined by a drainage study..
3. In general, the City is looking for a slope repair that conforms to the original
channel geometry and slope contours prior to the channel encroachments
and subsequent slope failure. Determination of the original channel geometry
and slope contours should be based on any available topographic records
(i.e. grading plans, surveys, aerial photos, etc.) prior to the slope failure.
4. Additionally, the proposed solution should give consideration to the
aesthetics of the channel including protecting native foliage during
construction.
r 5. In order to expeditiously approve the proposed Ike repair, the City will
require a geotechnical report that supports the proposed grading and
structural improvements and a hydrology study /drainage report that confirms
that the proposed improvements will have no adverse impacts to
upstream/downstream properties. The drainage report must be signed and
stamped by a licensed civil engineer. The geotechnical report must be
signed and stamped by a licensed geotechnical engineer and /or certified
engineering geologist.
6. Final City approval is contingent upon obtaining all necessary
aPProvals /studies/permits from other agencies (e.g. Department of Fish &
Game, Army Corps of Engineers, Coastal Commission, etc.).
7. The preparation of an environmental document in accordance with the
California Environmental Quality Act will be required.
It is not within the City's purview to provide design solutions, studies, engineering
calculations, or reports for improving private properties. However, the City does have
an obligation to ensure that any work performed in an environmentally sensitive area
and within a public easement does not create any future problems to the surrounding
properties or environment. The recommendations proposed by the City will help ensure
that the work will have the least of amount of impact to the surrounding areas while
allowing for repair of your property and neighbor's property (515 Rockford Place) to
move forward in a timely manner. The City can offer advice and guidance with regard
to conformances to City policies and codes as well as our experience in processing
permits through other agencies.
Please submit your proposal per City's recommendations through the Building
Department.
If you have any questions or need additional information, please feel free to call me at
(949) 644 -3334.
Very truly yours,
Gilbert Wong
Project Engineer
Cc: Charlotte Walton (515 Rockford Place)
P- WSER98WGW'ONGIWPStgNYKOW-SIOPE RESTORATION.DOC
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