HomeMy WebLinkAboutC-3517 - PSA for Morning Canyon Drainage Study and Restoration Analysis• ! C -611
MORNING CANYON CHANNEL
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC.
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this mik day of g,�G , 2002, by and
between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter
referred to as "CITY ") and Rivertech, Inc., whose address is 2332 Mill Creek Drive,
Suite 210, Laguna Hills, California, 92653, (hereinafter referred to as "Consultant'), is
made with reference to the following:
RECITALS:
A. On April 9, 2002, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for
engineering services for the Morning Canyon Drainage Study and Restoration Analysis,
hereinafter referred to as 'PROJECT'.
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect
additional services not included in the AGREEMENT or prior AMENDMENTS and to
extend the term of the AGREEMENT to July 3, 2003.
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:
1. CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated August 16, 2002
attached hereto.
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 1 shall not exceed twenty-six
thousand, one hundred sixty and 00/100 Dollars ($26,160.00).
3. The term of the AGREEMENT shall be extended to July 1, 2003.
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:
By: ((a�
City Attorney
ATTEST:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
A municipal corporation
1
BY:
Mayor
City of Newport Bea
Rivertech, Inc.
BY: Vag 1
f:\users\pbw\shared\agreements\fy 02-03\rivertech - morning canyon - amendment no. 1.doc
• • EXHIBIT A
August 16, 2002
Mr. Bob Stein
Principal Civil Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, California 92658 -8915
RE: Revised (August 16, 2002) Proposal for analyzing, remediating, restoring and
stabilizing Morning Canyon.
Dear Mr. Stein:
Based on your advice we have revised our proposal submitted to you on July 19, 2002. This
proposal includes the tasks proposed by LSA Associates and Rivertech Inc. For your
convenience I have attached a copy of the revised proposal by LSA. Our revised proposal
includes the tasks described in Rivertech Inc.'s proposal dated July 19, 2002 in addition to the
new tasks related to the design of all stabilizers.
PROPOSED SCOPE OF WORK
Task 1- Perform Site Reconnaissance Survey and Obtain Baseline Data
Members of the Study Team will observe the site and obtain onsite information. If possible,
we propose that during the site reconnaissance survey you observe the site jointly with us. To
compare the existing failed condition to the original condition we will bring copies of the
historic pictures for Morning Canyon with us. (This task has been completed)
Task 2 — Perform Hydrologic Analysis
We have both the electronic files (AES Files) and hard copies of the hydrologic analysis in
our office for Basins PI and P3. The analysis has been performed for the return periods of 2,
10, 25 and 100 years. We will route the outflow hydrographs from each basin to the outlet of
the 42 -inch storm drain to obtain the hydrographs for the Study Reach (This task has been
completed).
0
E
Task 3 — Develop Conceptual Alternative Restoration Plans and Select the Most Preferred
Alternative
We will develop a minimum of three conceptual alternative restoration plans. hi developing
these concept plans we will coordinate closely with you to ensure the concept plans are
viable and meet with your approval. It should be mentioned that the restoration plans most
probably would be different than the condition, which had existed prior to the slope failure
and vegetation growth. This is because once the mechanics of an alluvial stream has been
disturbed it is difficult to bring it back to its natural condition. Even if that were possible,
time is required before the system heals. Until the system recovers it may be subject to failure
again. Therefore, in developing alternative plans we will focus on the stability of Morning
Canyon both during short and long -term periods (This task has been completed).
Task 4 — Perform Hydraulic Analysis
To hydraulically analyze the Study Reach in its existing failed condition cross - section survey
data are required. We will utilize the topographic map, which has been provided by you and
is prepared in July of 1999. Using the U.S. Army Corps of Engineers HEC -RAS Model two
conditions will be hydraulically analyzed. The two conditions are:
• Post - failure Condition, and
• Corrected Condition
In our original proposal dated February 20, 2002 we had identified the Study Reach to be
from the confluence of Morning Canyon with the 51 -inch storm drain downstream to the
Pacific Coast Highway (PCH). After observing the field conditions on two occasions we have
discovered that the stream instability has progressed upstream to Basin P3 at the Golf Course.
Therefore, we are proposing the Study Reach to be extended and should be from the outlet of
Basin P3 to PCH
Water surface profiles as well as other hydraulic parameters such as depth and velocity will
be calculated along the Study Reach corresponding to the Return Periods of 2, 10, 25 and 100
years. Calculation of hydraulic parameters for higher frequency events such as 2 years is
important because they represent the channel forining discharge (This task has been
completed)
Task 5 — Design Emergency Stabilization Measures
During our two field observations we have identified a significant headcutting downstream of
the 42 -inch storm drain. If emergency stabilization measures before the upcoming wet season
are not constructed, the headcutting may progress upstream with concomitant slope failures
along the residential units. In addition, due to meandering effect of the stream the toe of the
slope along the residential unit located at 603 Rockford Road (Mr. Christopher Wynkoop's
property) is subject to scour. This may cause a second slope failure along this property.
Therefore, we recommend the City of Newport Beach select the emergency stabilization
measures along Morning Canyon as an Immediate Action Project. Under this task Rivertech
will perform the following services:
Task 5A — Coordinate with the Federal Emergency Management Agency (FEMA)
We will obtain the name and phone number of the FEMA representative who authorizes
the emergency remedial measures. We propose that it would be more effective if you
could communicate directly with that representative. However, we would be available to
assist you on an as needed basis. Our services may include a site observation and
explanation of the mechanics of the Morning Canyon to the representative of FEMA. (We
now understand that FEMA was involved in such emergency type projects during the
El Nino years. Through FEMA this option is no longer available. I had
communications with the County of Orange and the U.S. Army Corps of Engineers
about this matter and have provided a copy of that information to you. Further
investigation is being conducted by LSA)
Task 5B — Perform Hydraulic Design of Emergency Grade Stabilizer and Barbs and
Estimate their Construction Costs
Prior to any design services we request that you provide us with field survey data at the
headcutting and stream geometry at 603 Rockford Road. The survey should include the
height and dimensions of the concrete structure supporting the existing storm drain at 603
Rockford Road. After receiving the survey data we will hydraulically design one grade
stabilizer at the existing headcutting and two barbs at the residential unit of 603 Rockford
Road. The material for these structures will consist of riprap. The design will include the
dimensions of the structures, their locations, gradation of rock and its thickness. In
addition, we will estimate the approximate construction costs of the grade stabilizer and
the barbs. Preparation of construction drawings, specifications, special provisions and bid
documents are beyond the scope of services of Rivertech. (We are unable to complete
this task until we receive survey data from you).
Task 5C — Coordinate with Civil and Geotechnical Engineers as Well as the Contractor
Related to the Emergency Work
We will review the construction drawings, communicate with the civil and geotechnical
engineers to ensure that the construction drawings are consistent with the hydraulic
design. In addition, we will inspect the construction of the emergency stabilizers at least
on two occasions to ensure the contractor's work is consistent with the original design.
We will not initiate work on this task without receiving your authorization specifically for
the task. The estimated cost of our services for this task is $1,760.00.
Task 6 — Qualitatively Evaluate the Mechanics of Morning Canyon
Using the results of Tasks 1 through 5 we propose to evaluate the alluvial behavior of
Morning Canyon corresponding to the two conditions mentioned in Task 4. Under each
condition we will predict the response of the stream to future flood events. In a qualitative
manner, the results of this task will describe the future geometry of the stream if no
improvements are implemented. In addition, similar predictions will be made with our
proposed stabilizers and barbs.
Task 7 — Prepare the Draft and Final Study Reports
0 0
Rivertech Inc. proposes to summarize the results of the above tasks in a concise Draft
Report that will show the plan, profile and sections of the conceptual restoration plan.
However, for the emergency stabilizer at the existing headcutting and the barbs at 603
Rockford Road we will provide detailed hydraulic design information. We will integrate the
results of our analysis with those by LSA Associates
After receiving your review comments on the Draft Report we will finalize and submit the
Final Report to you.
Task 8 — Evaluate the Planned Restoration Plan at 603 Rockford Road
We understand engineers for Mr. Chris Wynkoop who resides at 603 Rockford Road are in
the process of preparing restoration plans for his slope. Using our HEC -RAS model which
we have already developed we will evaluate the impact of slope modification which will be
proposed by Mr. Wynkoop.
Task 9- Perform Design Level Hydraulic and Sediment Transportation Analysis
The purpose of this task is to perform dominant discharge analysis, determine stable thalweg
(channel bed) slope and calculate the design level magnitude of drops at the planned channel
stabilizers. Preliminary dimensions and configurations for the stabilizers will be provided
under Task 7. In the analysis of stable channel slope we would use procedures and
methodologies based on William Brownlie's Formula. Those procedures and methodologies
were used in planning and designing the streams in the Newport Coast Planned Community.
We will not initiate work on this task without receiving your authorization specifically for it.
The estimated cost of our services for this task is $8,040.00.
Task 10 — Perform Hydraulic Design of Stabilizers
Based on our planned concept for stabilizers, which includes both a choke and a drop, and
results of Task 9 we will hydraulically design and determine the dimensions of the 4
structures, the thickness of the Gabion mattress, gradation and size distribution of rocks. We
have communicated with Mr. Art Homrighausen of LSA and are envisioning a concept that
would allow the growth of vegetation through the Gabion mattress. In this manner the
stabilizer will blend in with the riparian nature of the existing stream. We will not initiate
work on this task without receiving your authorization specifically for it. The estimated cost
of our services for this task is $7,880.00.
Task 11— Attend Meetings and Provide Ongoing Assistance to the City
I will be available to serve on an as needed basis and to provide you with engineering support
during your communication with the homeowners along Morning Canyon. For purposes of
estimating budget, six 2 -hour meetings are envisioned. In addition, as needed, we will
respond to requests by the City staff for research to questions voiced by property owners,
performing supplemental engineering analyses and preparing additional exhibits.
Task 12 — Prepare Design Report
The planning level report of Task 7 will be revised and expanded to include the hydraulic
design of stabilizers, barbs and modifications planned by Mr. Wynkoop. The report will have
sufficient details on the basis of which construction drawings and specifications can be
4
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0
prepared. We will not initiate work on this task without receiving your authorization
specifically for it. The estimated cost of our services for this task is $4,280.00.
PROPOSED FEE AND SCHEDULE
The combined proposed fee for Rivertech Inc. and LSA Associates is estimated at $ 64,430.00,
as shown in the attached table entitled Estimated Labor and Fee. Rivertech's proposed fee is
based on our estimated labor to accomplish the above Scope of Work and Rivertech's Schedule of
Charges for 2002.
We will complete the hydraulic design of the Emergency Stabilizer and Barbs within two weeks
after receiving the survey data and your authorization to proceed with the revised Scope of Work.
After completing the design of the Emergency Stabilizer and Barb we will submit the Draft
Report to you within two weeks. After receiving your review comments on the Draft Report we
will finalize and submit the Final Report to you within one week. The total period proposed to
complete our services described would be about 9 weeks after receiving the survey.
Thank you for the opportunity to submit this proposal. We are optimistically looking forward to
work with you in the referenced hydrologic and hydraulic analysis. If you have any questions or
require more information please do not hesitate to contact my Partner Mr. Atayee or me. I hope
the above Scope of Work meets with your approval and would appreciate receiving your
authorization on the revised Scope of Work
Sincerely,
RIVERTE(qHNC.
t
Hasan Nouri, P.E.
President
E
ESTIMATED LABOR AND FEE
Revised (8116102) Proposal for Analyzing, Remediating, Restoring and Stabilizing Morning Canyon
Submitted by: Rivertech Inc.
Submitted to: City of Newport Beach
palq N.0d aee Mumkv cyr6
•
•
Principal Engineer
Senior Engineer
Engineering Tech.
Drafter
Secretary
Task
TASK DESCRIPTION
Cost
Cost
Cost
Cost
Cost
Total Labor
Direct Cost
Total Cost
Labor
Labor
Labor
Labor
Labor
Effort
$ 170.00
$ 130.00
$ 85.00
$ 60.00
$ 40.00
hr
$!hr
hr )
($/hr )
(hr )
($!hr)
(hr )
($!hr)
(hr )
($!hr)
(hr
$
$
1
Perform Site Reconnaissance Survey
8
$1,360.00
0
$0.00
0
$0.00
0
$0.00
2
$80.00
10
$60.00
$1,500.00
and Obtain Baseline Data
2
Perform Hydrologic Analysis
2
$340.00
6
$780.00
0
$0.00
0
$0.00
0
$0.00
8
$50.00
$1,170.00
Develop Conceptual Alternative
3
Restoration Plans and Select the Most
24
$4,080.00
0
$0.00
0
$0.00
12
$720.00
2
$80.00
38
$20.00
$4,900.00
Preferred Altemative
4
Perform Hydraulic Analysis
16
$2,720.00
52
$6,760.00
0
$0.00
2
1 $120.00
2
$80.00
72
$50.00
$9,730.00
SA
Coordinate with the Federal Emergency
8
$1360.00
0
$0.00
0
$0.00
0
$0.00
1
$40.00
9
$20.00
$1,420.00
Management Agency (FEMA)
Perform Hydraulic Design of Grade
513
Stabilizer and Barbs and Estimate their
32
$5,440.00
24
$3,120.00
0
$0.00
8
$480.00
0
$0.00
- 64
$60.00
$9,100.00
Construction Costs
Related to the Emergency Work, coordinate
Awaiting
5C
with Civil and Geotechnical Engineers as
10
$1,700.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
10
$60.00
Authorization
well as the Contractor
6
Qualitatively Evaluate the Mechanics
16
$2,720.00
2
$260.00
0
$0.00
0
$0.00
'0
$0.00
18
$20.00
$3,000.00
Of Moming Canyon
7
Prepare the Study Report
32
$5,440.00
24
$3,120.00
12
$1,020.00
20
$1,200.00
6
$240.00
94
$100.00
$11,120.00
8
Evaluate the Planned Restoration Plan
8
$1,360.00
8
$1,040.00
0
$0.00
0
$0.00
0
$0.00
16
$20.00
$2,420.00
at 603 Roddord Road
9
Perform Design Level Hydraulic and
38
$6,460.00
12
$1,560.00
0
$O.DO
0
$0.00
0
$0.00
50
$20.00
Awating
Sediment Transportation Analysis
Authorization
10
Perform Hydraulic Design of
40
40
$6,800.00
8
$1,040.00
0
$0.00
0
$0.00
0
$0.00
48
$40.00
Awaiting
Stabilizers
11
Attend Meetings and Provide Ongoing
41
$6,970.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
41
$100.00
$7,070.00
Services to the City
12
Prepare Design Report
12
$2,040.00
4
$520.00
0
$0.00
20
$1,200.00
8
$320.00
44
$200.00
Awaiting
Authorization
TOTAL
287
$48,790.00
140
$18,200.00
12
$1,020.00
62
$3,720.00
21
$840.00
1 522
$820.00
$51,430.00
Total fee proposed by LSA Associates
$13,000.00
Total fee by the Study Team
$64,430.00
palq N.0d aee Mumkv cyr6
•
•
AUG z 7 2002
TO: Mayor and Members of the City Council
FROM: Public Works Department
August 27, 2002
CITY COUNCIL AGENDA
ITEM NO. 8
SUBJECT: MORNING CANYON CHANNEL - AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC.
RECOMMENDATION:
Approve Amendment No. 1 to the Professional Services Agreement with Rivertech,
Inc., of Laguna Hills, California, for $26,160 for supplemental tasks in conjunction with
the Morning Canyon Drainage Study and authorize the Mayor and City Clerk to execute
the Agreement.
DISCUSSION:
Morning Canyon runs within private property from the Pelican Hills Golf Course to the
Pacific Ocean. While the City does not have a maintenance easement in the channel,
General Services annually cleared the drainage course of growth and maintained a
clear natural channel for flood flows during the 1980's. In the early 1990's, this service
was stopped due to opposition by some of the property owners. Based on the dense
vegetation that now exists in the channel, much of it arundo bamboo, it has been some
time since any vegetation has been removed from the channel bottom.
In the 1990's, un- permitted grading and installation of improvements occurred in the
channel bottom.
The Pelican Hill Golf course, constructed in the mid -90's, resulted in continuous
irrigation runoff into Morning Canyon Channel. The runoff probably contains fertilizers
that have contributed to the rapid growth of arundo within the channel.
Morning Canyon Channel has a hydraulically steep slope. It appears that over the past
30 or so years, grazing activities have resulted in transport of significant amounts of
sediment into the channel resulting in deposition and sediment accumulation within
Morning Canyon Channel. Construction of the golf course has eliminated most of this
sediment transport into the channel. Storms have eroded this accumulated sediment
and recreated the deep channel incisions that existed prior to the grazing activities.
Some combination of these factors led to a slope failure on the west side of the channel
that affected two properties. These affected property owners have approached the City
for guidance in obtaining design approval for work within the channel to repair the
slope.
SUBJECT: MORNING CAJIN CHANNEL - AMENDMENT NO. 1 TO THE PR4&SIONAL SERVICES AGREEMENT
WITH RIVERT INC.
August 27, 2002
Page 2
While Morning Canyon Channel falls within private property' and the City is not
responsible for maintaining the channel, it is appropriate for the City to guide the
corrective process and to prepare a master plan for drainage, restoration, and water
quality for this channel. On April 9, 2002, City Council approved an agreement with
Rivertech to develop the concept for rehabilitating the channel, formulate a plan to
implement corrective measures, perform a hydraulic and biological assessments of
Morning Canyon Channel, and provide recommendations to stabilize and restore the
channel. Based on their review of the drainage channel and a detailed analysis of the
hydraulics, Rivertech has developed recommendations for a two phase restoration
strategy to be implemented by the property owners along Morning Canyon Channel.
The first phase, to be implemented before the rainy season, would install rock structures
at two areas along the channel (601 Rockford Road /515 Rockford Place and 621
Rockford Road /528 Seaward Road) to control scour at the toe of the channel slope and
prevent slope failures this rainy season. Meetings have been held with the property
owners at these locations to review and discuss repair options.
Implementation of the second phase of the project would occur next year and would
initiate a comprehensive remediation of the channel from the Pelican Hill Golf Course to
Coast Highway. This phase may include:
• Clearing of dense vegetation in the channel bottom
• Removal of encroaching structures
• Installation of rock encased by wire mesh structures at four locations along the reach
• Replanting of the channel slopes along with appropriate irrigation systems
City Staff from Planning, Building, and Public Works Departments will conduct a meeting
on September Vh at 6 pm in Council Chambers, with residents whose property extends
into Morning Canyon Channel to discuss a restoration strategy to be implemented by the
property owners.
City Staff believes this two- phased approach is a practical way to deal with the difficult
problems posed by the degraded condition of this reach of Morning Canyon Channel.
The process to mobilize the property owners to responsibly restore the channel that falls
within their property will entail a cooperative partnership between the City and the
property owners. While the financial burden of restoring the channel should legitimately
be bome by the property owners, the owners can reasonably expect the City to be the
Coordinating agent for this reach of the channel.
The City currently holds a twenty-two foot wide easement along the property lines of the Cameo
Highlands properties from the golf course to Coast Highway. It is assumed that the original intent of this
easement was to enable the City to construct a subsurface drainage facility in the event that the golf
course property was developed as a residential tract in lieu of the current use. Staff believes that this
easement will not be needed in the future and would recommend that it be abandoned at some future
date.
SUBJECT: MORNING CANHANNEL - AMENDMENT NO. 1 TO THE PROF�ONAL SERVICES AGREEMENT
WITH RIVERTEC .
August 27, 2002 -
Page 3
SCOPE OF SERVICES:
Staff recommends Rivertech's scope of services be expanded to assist City Staff to
actively move forward with a program to involve and educate Morning Canyon Channel
property owners about the channel restoration. Rivertech's new tasks include:
1. Extending the hydraulic analysis for the entire channel reach North of Coast
Highway (Additional work under Task 4)
2. Researching emergency permitting requirements (Task 5A)
3. Preparing preliminary drawings and construction cost estimates for Phase 1
emergency stabilization measures (Task 56)
4. Supplementing the final report to include the additional hydraulic analyses and
additional information coming out of the meetings with property owners and City
Staff (Additional work under Task 7)
5. Performing a hydraulic analysis and providing recommendations for a specific
slope repair proposed by the Wynkoop's civil engineer (Additional work under
Task 8)
6. Preparing exhibits and attending meetings with property owners to discuss
Phases 1 and 2 channel restoration recommendations. Responding to requests
by City Staff for research to questions raised by property owners, performing
supplemental hydraulic, biological, and other engineering analyses, and
preparing additional exhibits (Task 11)
Funds for this project are available in the Storm Drain Improvement Project Account No.
7012- C5100008.
Upon completion of the study and meetings with property owners, Staff will prepare a
report for Council that includes remediation options and potential funding mechanisms.
DEPARTMENT
n. Director
Robert Stein, P.E.
Principle Civil Engineer
Attachment: Amendment No. 1
0 0
MORNING CANYON CHANNEL
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC.
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of
2002, by and
between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter
referred to as "CITY ") and Rivertech, Inc., whose address is 2332 Mill Creek Drive,
Suite 210, Laguna Hills, California, 92653, (hereinafter referred to as "Consultant'), is
made with reference to the following:
RECITALS:
A. . On April 9, 2002, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT", for
engineering services for the Morning Canyon Drainage Study and Restoration Analysis,
hereinafter referred to as "PROJECT".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect
additional services not included in the AGREEMENT or prior AMENDMENTS and to
extend the term of the AGREEMENT to July 3, 2003.
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:
1. CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated August 16, 2002
attached hereto.
0 0
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 1 shall not exceed twenty -six
thousand, one hundred sixty and 00/100 Dollars ($26,160.00).
3. The term of the AGREEMENT shall be extended to July 1, 2003.
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:
City Attorney
ATTEST:
By.
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH,
A municipal corporation
93
Mayor
City of Newport Beach
Rivertech, Inc.
M
f lusers\pbwlsharedhagreementslfy 02- 03 %dvertech - moming canyon - amendment no..1.doc
EXHIBIT A
August 16, 2002
Mr. Bob Stein
Principal Civil Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, California 92658 -8915
RE: Revised (August 16, 2002) Proposal for analyzing, remediating, restoring and
stabilizing Morning Canyon.
Dear Mr. Stein:
Based on your advice we have revised our proposal submitted to you on July 19, 2002. This
proposal includes the tasks proposed by LSA Associates and Rivertech Inc. For your
convenience I have attached a copy of the revised proposal by LSA. Our revised proposal
includes the tasks described in Rivertech Inc.'s proposal dated July 19, 2002 in addition to the
new tasks related to the design of all stabilizers.
PROPOSED SCOPE OF WORK
Task 1- Perform Site Reconnaissance Survey and Obtain Baseline Data
Members of the Study Team will observe the site and obtain onsite information. If possible,
we propose that during the site reconnaissance survey you observe the site jointly with us. To
compare the existing failed condition to the original condition we will bring copies of the
historic pictures for Morning Canyon with us. (This task has been completed)
Task 2 — Perform Hydrologic Analysis
We have both the electronic files (AES Files) and hard copies of the hydrologic analysis in
our office for Basins P 1 and P3. The analysis has been performed for the return periods of 2,
10, 25 and 100 years. We will route the outflow hydrographs from each basin to the outlet of
the 42 -inch storm drain to,obtain the hydrographs for the Study Reach (This task has been
completed).
1
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9
Task 3 — Develop Conceptual Alternative Restoration Plans and Select the Most Preferred
Alternative
We will develop a minimum of three conceptual alternative restoration plans. In developing
these concept plans we will coordinate closely with you to ensure the concept plans are
viable and meet with your approval. It should be mentioned that the restoration plans most
probably would be different than the condition, which had existed prior to the slope failure
and vegetation growth. This is because once the mechanics of an alluvial stream has been
disturbed it is difficult to bring it back to its natural condition. Even if that were possible,
time is required before the system heals. Until the system recovers it may be subject to failure
again. Therefore, in developing alternative plans we will focus on the stability of Morning
Canyon both during short and long -term periods (This task has been completed).
Task 4 — Perform Hydraulic Analysis
To hydraulically analyze the Study Reach in its existing failed condition cross - section survey
data are required. We will utilize the topographic map, which has been provided by you and
is prepared in July of 1999. Using the U.S. Army Corps of Engineers HEC -RAS Model two
conditions will be hydraulically analyzed. The two conditions are:
• Post - failure Condition, and
• Corrected Condition
In our original proposal dated February 20, 2002 we had identified the Study Reach to be
from the confluence of Morning Canyon with the 51 -inch storm drain downstream to the
Pacific Coast Highway (PCH). After observing the field conditions on two occasions we have
discovered that the stream instability has progressed upstream to Basin P3 at the Golf Course.
Therefore, we are proposing the Study Reach to be extended and should be from the outlet of
Basin P3 to PCH
Water surface profiles as well as other hydraulic parameters such as depth and velocity will
be calculated along the Study Reach corresponding to the Return Periods of 2, 10, 25 and 100
years. Calculation of hydraulic parameters for higher frequency events such as 2 years is
important because they represent the channel forming discharge (This task has been
completed)
Task 5 - Design Emergency Stabilization Measures
During our two field observations we have identified a significant headcutting downstream of
the 42 -inch storm drain. If emergency stabilization measures before the upcoming wet season
are not constructed, the headcutting may progress upstream with concomitant slope failures
along the residential units. In addition, due to meandering effect of the stream the toe of the
slope along the residential unit located at 603 Rockford Road (Mr. Christopher WynkoopIs
property) is subject to scour. This may cause a second slope failure along this property.
Therefore, we recommend the City of Newport Beach select the emergency stabilization
measures along Morning Canyon as an Immediate Action Project. Under this task Rivertech
Will perform the following services:
Task 5A — Coordinate with the Federal Emergency Management Agency OMMA)
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We will obtain the name and phone number of the FEMA representative who authorizes
the emergency remedial measures. We propose that it would be more effective if you
could communicate directly with that representative. However, we would be available to
assist you on an as needed basis. Our services may include a site observation and
explanation of the mechanics of the Morning Canyon to the representative of FEMA. (We
now understand that FEMA was involved in such emergency type projects during the
El Nano years. Through FEAL4 this option is-no longer available I had
communications with the County of Orange and the U.S. Army Corps of Engineers
about this matter and have provided a copy of th at information to you. Further
investigation is being conducted by LSA)
Task 5B — Perform Hydraulic Design of Emergency Grade Stabilizer and Barbs and
Estimate their Construction Costs
Prior to any design services we request that you provide us with field survey data at the
headcutting and stream geometry at 603 Rockford Road. The survey should include the
height and dimensions of the concrete structure supporting the existing storm drain at 603
Rockford Road. After receiving the survey data we will hydraulically design one grade
stabilizer at the existing headcutting and two barbs at the residential unit of 603 Rockford
Road The material for these structures will consist of riprap. The design will include the
dimensions of the structures, their locations, gradation of rock and its thickness. In
addition, we will estimate the approximate construction costs of the grade stabilizer and
the barbs. Preparation of construction drawings, specifications, special provisions and bid
documents are beyond the scope of services of Rivertech. (We are unable to complete
this task until we receive survey data from you).
Task 5C — Coordinate with Civil and Geotechnical Engineers as Well as the Contractor
Related to the Emergency Work
We will review the construction drawings, communicate with the civil and geotechnical
engineers to ensure that the construction drawings are consistent with the hydraulic
design. In addition, we will inspect the construction of the emergency stabilizers at least
on two occasions to ensure the contractor's work is consistent with the original design.
We will not initiate work on this task without receiving your authorization specifically for
the task. The estimated cost of our services for this task is $1,766.00.
Task 6 — Qualitatively Evaluate the Mechanics of Morning Canyon
Using the results of Tasks 1 through 5 we propose to evaluate the alluvial behavior of
Morning Canyon corresponding to the two conditions mentioned in Task 4. Under each
condition we will predict the response of the stream to future flood events. In a qualitative
manner, the results of this task will describe the future geometry of the stream if no
improvements are implemented. In addition, similar predictions will be made with our
proposed stabilizers and barbs.
Task 7 — Prepare the Draft and Final Study Reports
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Rivertech Inc. proposes to summarize the results of the above tasks in a concise Draft
Report that will show the plan, profile and sections of the conceptual restoration plan.
However, for the emergency stabilizer at the existing headcutting and the barbs at 603
Rockford Road we will provide detailed hydraulic design information. We will integrate the
results of our analysis with those by LSA Associates
Auer receiving your review comments on the Draft Report we will finalize and submit the
Final Report.to you.
Task 8 — Evaluate the Planned Restoration Plan at 603 Rockford Road
We understand engineers for Mr, Chris Wynkoop who resides at 603 Rockford Road are in
the process of preparing restoration plans for his slope. Using our HEC -RAS model which
we have already developed we will evaluate the impact of slope modification which will be
proposed by Mr. Wynkoop,
Task 9- Perform Design Level Hydraulic and Sediment Transportation Analysis
The purpose of this task is to perform dominant discharge analysis, determine stable thalweg
(channel bed) slope and calculate the design level magnitude of drops at the planned channel
stabilizers. Preliminary dimensions and configurations for the stabilizers will be provided
under Task 7. In the analysis of stable channel slope we would use procedures and
methodologies based on William Brownlie's Formula Those procedures and methodologies
were used in planning and designing the streams in the Newport Coast Planned Community.
We will not initiate work on this task without receiving your authorization specifically for it.
The estimated cost of our services for this task is $8,040.00.
Task 10 — Perform Hydraulic Design of Stabilizers
Based on our planned concept for stabilizers, which includes both a choke and a drop, and
results of Task 9 we will hydraulically design and determine the dimensions of the 4
structures, the thickness of the Gabion mattress, gradation and size distribution of rocks. We
have communicated with Mr. Art Homrighausen of LSA and are envisioning a concept that
would allow the growth of vegetation through the Gabion mattress. In this manner the
stabilizer will blend in with the riparian nature of the existing stream. We will not initiate
work on this task without receiving your authorization "specifically. for it. The estimated cost
of our services for this task is $7,880.00.
Task 11— Attend Meetings and Provide Ongoing Assistance to the City
I will be available to serve on an as needed basis and to provide you with engineering support
during your communication with the homeowners along Morning Canyon. For purposes of
estimating budget, six 2 -hour meetings are envisioned. In addition, as needed, we will
respond to requests by the City staff for research to questions voiced by property owners,
performing supplemental engineering analyses and preparing additional exhibits.
Task 12 — Prepare Design Report
The planning level report of Task 7 will be revised and expanded to include the hydraulic
design of stabilizers, barbs and modifications planned by Mr. Wynkoop. The report will have
sufficient details on the basis of which construction drawings and specifications can be
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prepared. We will not initiate work on this task without receiving your authorization
specifically for it. The estimated cost of our services for this task is $4,280.00.
PROPOSED FEE AND SCHEDULE
The combined proposed fee for Rivertech Inc. and LSA Associates is estimated at $ 64,430.00,
as shown in the attached table entitled Estimated Labor and Fee. Rivertech's proposed fee is
based on our estimated labor to accomplish the above Scope of Work and Rivertech's Schedule of
Charges for 2001.
We will complete the hydraulic design of the Emergency Stabilizer and Barbs within two weeks
after receiving the survey data and your authorization to proceed with the revised Scope of Work.
After completing the design of the Emergency Stabilizer and Barb we will submit the Draft
Report to you within two weeks. After receiving your review comments on the Draft Report we
will finalize and submit the Final Report to you within one week. The total period proposed to
complete our services described would be about 9 weeks after receiving the survey.
Thank you for the opportunity to submit this proposal. We are optimistically looking forward to
work with you in the referenced hydrologic and hydraulic analysis. If you have any questions or
require more information please do not hesitate to contact my Partner Mr. Atayee or me. I hope
the above Scope of Work meets with your approval and would appreciate receiving your
authorization on the revised Scope of Work
Sincerely,
RIVERTECH INC.
Hagan Nouri, P.E.
President
ESTIMATED LABOR AND FEE
Revised (6116102) Proposal for Analyzing, Remedlating, Restoring and Stabilizing Morning Canyon
Submitted by : Rivertech Inc.
Submitted to : City of Newport Beach
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Principal
Engineer
Senior Engineer
Engineering Tech.
Drafter
Secretary
Task
TASK DESCRIPTION
Total LabO
Direct cost
total cost
Cost
cost
Cost
Cost
cost
Labor
Labor
Labor
Labor
Labor
Effort
$ 170.00
' $ 130.00
$ 85.00
$ 60.00
$ 40:00
hr
$!hr
hr
$/hr
hr
$fhr
hr
$/hr
hr
$Rlr
hr
$
$
1
Perform Site Reconnaissance Survey
and Obtain Baseline Data
8
$1,360.00
0
$0.00
0
$0.00
0
$0.00
2
$80:00
10
$60.00
$1,500.00
2
Perform Hydrologic Analysis
2
$340.00
6
$780.00
0
$0.00
0
$0.00
0
50.00
8
$50.00
$1,170.00
Develop Conceptual Alternative
3,
Restoration Plans and Select the Most
24
$4,080.00
0
$0.00
0
$0.00
12
$720.00
2
$80.00
38
$20.00
$4,900.00
Preferred Allemative
4
Perform Hydraulic Analysis
16
$2,720.00
52
$6,760.00
0
$0.00
2
$120.00
2
$80.00
72
$50.00
$9,730.00
5A
Coordinate. with the Federal Emergency
Management Agency(FEMA)
6
$1,360.00
0
$0.00
0
$0.00
0
$0.00
1
$40.00
9
§20.00
$1,420.00
Perform Hydraulic Design of Grade
5B
Stabilizer and Barbs and Estimate their
32
$5,440.00
24
$3,120.00
0
$0.00
8
$480.00
0
$0.00
64
$60.00
$9,100.00
Constmcllon Costs
Related to the Emergency Work, coordinate
5C
with Clvtl and Geolechnical Engineers as
10
$1,700.00
rO
$0.00
0
$0.00
0
$0.00
0
$0.00
10
$60.00
Awaiting
ailing
well as the Contractor
Aulh
6
Qualitatively Evaluate the Mechanics
16
$2,720.00
2
$260.00
0
$0.00
0
$0.00
0
§0.00
18
$20.00
$3,000.00
of Morning Canyon
7
Prepare the Study Report
32
$5,440.00
24
$3,120.00
12
$1,020.00
20
$1,200.00
6
$240.00
94
$100.00
$11,120.00
8
Evaluate the Planned Restoration Plan
8
$1,360.00
8
$1,040.00
0
$0.00
0
$0.00
0
$0.00
16
$20.00
$2,420.00
at 603 Rockford Road
g
Perform Design Level Hydraulic and
38
$6,460.00
12
$1,560.00
0
$0.00
0
$0.00
0
$0.00
50
$20.00
Awaiting
Sediment Transportation Analysis
Authorization
10
Perform Hydraulic Design of
40
$6,800.00
8
$1,040.00
0
$0.00
0
$0.00
0
$O.OD
48
$40.00
Awaiting
Stabilizers
Authorization
11
Attend Meetings and Provide Ongoing
41
$6,970.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
41
$100.00
$7,070.00
Services to the City
12
Prepare Design Report
12
$2,040.00
4
$520.0D
0
$O.OD
20
$1',200.00
8
§32D.00
44
$200.00
Awaiting
Authorization
TOTAL
287
$48,790.00
140
$18,200.00
12
$1,020.00
62
$3,720.00
21
$840.00
522
$820.00
$51,430.00
Total fee proposed by LSA Associates
$13,000.00
Total fee by the Study Team
$64,430.00
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PROFESSIONAL SERVICES AGREEMENT
FOR
MORNING CANYON CHANNEL STUDY
THIS AGREEMENT, entered into this qd) day of —, 2002, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Rivertech, Inc., whose address is 2332 Mill Creek Drive, Suite 210, Laguna
Hills, California, 92653, (hereinafter referred to as "Consultant "), 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 prepare the Morning Canyon Channel Study ( "Project").
C. City desires to engage Consultant to prepare a study as outlined in Exhibit
"A", (Tasks 1 through 6 for Rivertech, Inc.) and in Exhibit "A -1" (Tasks 1, 2,
and 3 for LSA Associates, Inc.) upon the terms and conditions contained in
this Agreement.
D. The principal member of Consultant for purpose of this Project is Hasan
Nouri.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
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desires to contract with Consultant under the terms and conditions provided
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 _ day of , 2002, and
shall terminate on the 31s` day of December 2002, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibits "A" and "A -1" incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with. the provisions of this
Section and the scheduled billing rates set forth in Exhibits `B" and "C" attached hereto
and incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of thirty-eight thousand,
two hundred seventy and 00/100 Dollars ($38,270.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
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computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibits 'B" and "C."
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. 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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold
payment of ten percent (10 %) of each approved payment as approved
retention until all services under this Agreement have been substantially
completed.
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4. STANDARD OF CARE
4.1 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 the 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. Consultant
represents to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession.
4.2 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, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
4.3 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 charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor'), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
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with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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
details and means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
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during term of Project. Consultant has designated Hasan Nouri to be its Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibits "B" and "C," whether or not considered to be key personnel, without
City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the 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 and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays,
which are due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
Consultant shall complete the study within 60 calendar days of the execution of
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this Agreement.
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8.1 Consultant shall submit all requests for extensions of time for performance
in writing to Bill Patapoff (Project Administrator) not later than ten (10) calendar days
after the start of the condition, which purportedly causes a delay, but not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which are
beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
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are desired.
12. HOLD HARMLESS
11
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
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employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including 'Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured (and primary and non - contributory wording for waste haulers only),
covering any owned and rented vehicles of Consultant in a minimum
amount of $1 million combined single limit per accident for bodily injury and
property damage.
D. Professional errors and omissions insurance, which covers the services, to
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be performed in connection with this Agreement in the minimum amount of
one million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
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outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
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16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide copying and other services through City's reproduction company for
each of the required submittals. Consultant will be required to coordinate
the required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Bill Patapoff shall
be considered the Project Administrator and shall have the authority to act for City under
this Agreement. The Project Administrator or his authorized representative shall
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represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
19. 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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
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0
0
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant; the
additional design, construction and /or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
-14-
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attention: Bill Patapoff
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Mr. Hassan Nouri
Rivertech, Inc.
23332 Mill Creek Drive, Suite 210
Laguna Hills, CA 92653
(949) 586 -6127
Fax: (949) 457 -6356'
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
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• 0
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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.
29. 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
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i •
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City s latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
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32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
M.
By. Aa 0-A,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
RIVERTECH, INC.
Hassan Nouri P r e s ; der fi-
f:\users\pbw\shared\agreements\fy 01-02\rivertech - morning canyon channel.doc
IN
Y
February 20, 2002
Mr. Bob Stein
Principal Civil Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, California 92658 -8915
•
R V D
DEB 2 n �p[12
RE: Proposal for anaiyztns,, remediating, restoring and stabilizing Morning Canyon.
Dear Mr. Stein
Rivertech Inc. Inc. in conjunction with Leighton and Associates and LSA Associates, Inc. is pleased to submit
this proposal to provide the City of Newport Beach (City) with engineering services for analyzing, stabilizing
and restoring Morning Canyon ChanneL The Study Reach extends from the outlet of the 51 -inch storm drain
downstream to the Pacific Coast Highway (PCH). A schematic of the Study Reach is shown below. After
analyzing we will recommend corrective measures along the Study Reach to achieve its stability. Furthermore,
we will ensure that those corrective measures will not have adverse hydrologic, hydraulic, biological and
geotechnical impacts downstream and upstream of the Study Reach.
Study Reach A
l
1?
51 -inch Storm Drain
Pacific Coast
Basin P1
We have assembled the Rivertech- Leighton -LSA team (Study Team) because of our past experience
and knowledge about Morning Canyon. During tie late 1980s and early 1990s the three firms have
worked together to mitigate the impacts of the Newport Coast Development on Morning Canyon. The
Study Team's experience noted below substantiates that we can perform the following Proposed
Scope of Work in a cost - effective and efficient manner. The Scope of Work proposed by Leighton
and Associates and LSA Associates are appended to Rivertech Inc. proposal.
23332 Mill Creek Drive Suite 210 Laguna Hills, CA 92653 Tel: 949- 586 -6127 Fax: 949 -457 -6356 www.riveTtec.com
RIVERTECH
INC
'
February 20, 2002
Mr. Bob Stein
Principal Civil Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, California 92658 -8915
•
R V D
DEB 2 n �p[12
RE: Proposal for anaiyztns,, remediating, restoring and stabilizing Morning Canyon.
Dear Mr. Stein
Rivertech Inc. Inc. in conjunction with Leighton and Associates and LSA Associates, Inc. is pleased to submit
this proposal to provide the City of Newport Beach (City) with engineering services for analyzing, stabilizing
and restoring Morning Canyon ChanneL The Study Reach extends from the outlet of the 51 -inch storm drain
downstream to the Pacific Coast Highway (PCH). A schematic of the Study Reach is shown below. After
analyzing we will recommend corrective measures along the Study Reach to achieve its stability. Furthermore,
we will ensure that those corrective measures will not have adverse hydrologic, hydraulic, biological and
geotechnical impacts downstream and upstream of the Study Reach.
Study Reach A
l
1?
51 -inch Storm Drain
Pacific Coast
Basin P1
We have assembled the Rivertech- Leighton -LSA team (Study Team) because of our past experience
and knowledge about Morning Canyon. During tie late 1980s and early 1990s the three firms have
worked together to mitigate the impacts of the Newport Coast Development on Morning Canyon. The
Study Team's experience noted below substantiates that we can perform the following Proposed
Scope of Work in a cost - effective and efficient manner. The Scope of Work proposed by Leighton
and Associates and LSA Associates are appended to Rivertech Inc. proposal.
23332 Mill Creek Drive Suite 210 Laguna Hills, CA 92653 Tel: 949- 586 -6127 Fax: 949 -457 -6356 www.riveTtec.com
•
0
Familiarity with Morning Canyon. Since 1987, under contract to The hvine Company, the Study Team
has performed several hydrologic, hydraulic, sediment transportation, geotechnical and biological
analyses of the Newport Coast watersheds, including Morning Canyon. The Master Drainage and
Runoff Management Plan (MDP K for the Newport Coast Development prepared by Rivertech Inc. in
1989 documents a significant portion of those analyses. Leighton and Associates and LSA Associates
provided geotechnical and biological support for that MDRM
• Newport Coast Erosion0eposition Processes Monitoring Program. During construction of Newport
Coast The Irvine Company had retained the services of Rivertech Inc. to monitor the alluvial behavior
of several streams including Morning Canyon. During that period we have taken numerous pictures and
videotapes of Morning Canyon and are in our files.
PROPOSED SCOPE OF WORK
Task 1 - Perform Site Reconnaissance Survey and Obtain Baseline Data
Members of the Study Team will observe the site and obtain onsite information. If possible, we propose
that during the site reconnaissance survey you observe the site jointly with us. To compare the existing
failed condition to the original condition we will bring copies of the historic pictures for Morning Canyon
with us.
Task 2 — Perform Hydrologic Analysis
We have both the electronic files (AES Files) and hard copies of the hydrologic analysis in our office for
Basins P 1 and P3. The analysis has been performed for the return periods of 2, 5, 10, 25 and 100 years. We
will route the. outflow hydrographs from each basin to Point "A' of the above figure to obtain the
hydrographs for the Study Reach.
Task 3 — Organize Workshop, Develop Conceptual Alternative Restoration Plans and Select the Most
Preferred Alternative
The Study Team will meet in a workshop environment and develop a minimum of three conceptual
alternative restoration plans. We would also request that you and those who may be designated by you
to attend this workshop. It should be mentioned that the restoration plans most probably would be
different than the condition, which had existed prior to the slope failure and vegetation growth. This is
because once the mechanics of an alluvial stream has been disturbed it is difficult to bring it back to its
natural condition. Even if that were possible, time is required.before the system heals. Until the system
recovers.it may be subject to failure again. Therefore, in developing alternative plans we will focus on
the stability of Morning Canyon both during short and long -term periods.
Task 4 — Perform Hydraulic Analysis
To hydraulically analyze the Study Reach in its existing failed condition cross - section survey data are
required. We understand recent topographic data for Morning Canyon can he obtained from the County of
Orange, Public Facilities & Resources Department. If such data are not available we request that the City
provide the Study Team with those survey data. Topographic maps for Morning Canyon prepared in the
late 1980s are available in our files.
Using the U.S. Army Corps of Engineers HEC -RAS Model three conditions will be hydraulically analyzed-
The three conditions are: -
• Pre - failure Condition
• Post - failure Condition, and
• Corrected Condition
Water surface profiles as well as other hydraulic parameters such as depth and velocity will be calculated
along the Study Reach corresponding to the Return Periods of 2, 10, 25 and 100 years. Calculation of
hydraulic parameters for higher frequency events such as 2 years is important because they represent the
channel forming discharge
Task 5 — Qualitatively Evaluate the Mechanics of Morning Canyon
Using the results of Tasks 1 through 4 we propose to evaluate the alluvial behavior of Morning Canyon
corresponding to the three-conditions mentioned in Task 4. Under each condition we will predict the
response of the stream to future flood events.
Task 6 — Prepare the Study Report
Rivertech Inc. proposes to summarize the results of the above tasks in a concise report that will show the
plan, profile, sections and details of the restoration plan. We will integrate the results of our analysis with
those by LSA Associates and Leighton and Associates.
PROPOSED FEE
The combined proposed fee for Rivertech Inc., Leighton and Associates and LSA Associates is estimated at
$85,770.00 as shown in the attached table entitled Estimated Labor and Fee. Rivertech's proposed fee is based
on our estimated labor to accomplish the above Scope of Work and Rivertech's Scheduk of Charges for 2002.
For your convenience I have enclosed a copy of that schedule. In addition, I have enclosed copies of resumes
for Mr. Atayee and I along with the Summary of Qualification and Experience for Rivertech for your files.
Thank you for the opportunity to submit this proposal. We are optimistically looking forward to work with you
in the referenced monitoring program. If you have any questions or require more information please do not
hesitate to contact Mr. Atayee or me._ I hope the above Scope of Work meets with your approval and would
appreciate receiving your authorization to proceed at your earliest convenience.
Sincerely,
RIVERTECH C.
Hasan Nouri, P.E.
President
Received: 2/25102
2:55PM;
02 -25 -02 02:41 pm
Frat-
LSA
February 25, 2002
-> Rivertech Ine.; Page 2
Exhibit A -1
CSA A5SO OIAT'rz£, INC. OTII£L OTTIC££= TT. COLIIn-4
OIIL FAXX TLA£A. SUITS 500 949.555.0666 TEL bT1K£L£T k£v£F5,Dk
IIIVIN£, c^wro1NIA 92614 Y49- 555 -ED76 FAI TT. kICHUOND 100S1IN
Mr.142san Nouri
Rivertech
23332 Mill Creek Drive, Suite 2I0
Laguna Hills, CA 92653
Subject. Proposal for Biological Support - Wynkoop Slop Restoration - Morning Canyon,
Corona del Mar, Cal ifomia
Dear l4asan:
LSA Associates, Inc. (LSA) is pleased to provide this proposal for biological services in support of
the subject project. We have divided this proposal into two phases. The first will be done in support
of actual project design. The second phase consists of subsequent CEQA documentation and
permitting that cannot be implemented until the design is completed. Because the final project is nor
known at this time, the scope and budget for the Phase 11 tasks are necessarily more general.
SCOPE OF SERVICES
Phase I
Task I - Biological Resources Assessment LSA will assess the sire for all biological resources,
including endangered and threatened flora and fauna_ A database search and habitat suitability
assessment will be completed for the site. The results of this assessment may indicate the need for
surveys not included in this scope of services, for the presence of listed species such as the coastal
California gnatcatcber (Folioptila californica californico).
Task 2 - Wetland Jurisdictional Delineation. Under Section 404 of the Clean Water Act, the
United States Army Corps of Engineers (Corps) regulates discharges of fill materials into waters of
the United States, including wetlands. Waters of the United States include essentially any body of
water (e.g., drainage course) with defined banks or other evidence of flow. The California
Department of Fish and Crame Oro), through provisions of the State of California Administrative
Code, is empowered to issue agreement for any alteration of a river, stream, or lake. Streams (and
rivers) are defined by the presence of a channel bed and banks, and at )cast an intermirrent flow of
water.
229/ 02<CN:IARTLPROPS- SUlhumpmp.wpdN
YL VNINC I £N1'I10NN1NT4I SCISAc!e I ... CN
Received: 2125/02 2:55PM; -s Rivertecn Inc.; Page 3
02 -25 -02 02:41we Fran • • T -691. P.003/011 F -966
I x5500 11.2. Too.
LSA will complete a a0cusently Wind delineation according to the 1987 Corps of Engineers Weiland
Delineation Manual accepted methodology, using the routine delineation methodology.
A comprehensive delineation will not be necessary_ LSA will also complete, concurrently, a
jurisdictional "waters of the U.S." determination according to current Corps standards. Finally, LSA
will determine the extent of any stteambed and associated riparian areas subject to review by CDFG
under Section 1601 of the Fish and Game Code. Because of the significance of this issue to other
tasks within this scope of services, verification of the wetland area is critical.
The results of the delineation will be presented in a detailed ren M which will include large -scale
mapping (e.a 1 " =20') of any wetland and other jurisdictional areas. The report will be provided in
draft ronn for review by the project team. Any concerns regarding LSA's findings will be resolved
by discussion among the team members. LSA will provide a final report in appropriate format For
submittal to the Corps.
Task 3 - Biological Input on Design. Based on Tasks I and 2, LSA will provide initial input on
constraints and opportunities for the preliminary design alternatives that are being considered. Much
of this input will be directed toward minimizing the permitting requirements, i.e., by avoiding impacts
to jurisdictional areas. In the event the impacts arc unavoidable, we will focus on incorporating
prudent habitat restoration measures into the project design so that the project is essentially self -
mitigating. The budget for this task includes attendance at two meetings, with you and/or the City,
and preparation of a concept plan for habitat restoration.
Phase U
Task 4 - Prepare CEQA Documentation. LSA will prepare the environmental analysis for the rear
yard improvements. LSA will conduct an Initial Study that will conform to California Environmental
Quality Act (CEQA) requirements, with the objective of providing enough information to enable the
City of Newport Beach to make a finding with respect to the potential environmental effects of the
project. Our approach will be to prepare the Initial Study to determine whether a Categorical
Exemption, Negative Declaration, or Mitigated Negative Declaration is applicable for project CEQA
clearance. This proposal is based on the preparation oFa Negative Declaration, similar to another
Negative Declaration prepared by LSA for another slope stabilization project in the Coastal Zone,
within the City of Newport Beach. Our analysis will be provided to the City, which the City will then
use to make its own determination. We propose that the draft Initial Study be presented to the City
staff at a meeting to review the analysis and findings.
To accomplish the task outlined above, LSA will complete the following items:
• Prepare an analysis to determine whether there: are significant environmental impacts associated
with rear yard improvements. Analyses will include the potential for impacts to land use, public
health and safety, biological resources, and geological resources. All other CEQA initial Study
checklist items will be addressed, although at a lesser degree of detail.
gas ro2ra1:tnxnPlwrs- sov=an".wydn
v r�uil
0V
SCHEDULE OF CHARGES
2002
Professional and Support Services
Principal Engineer
Senior Engineer
Project Engineer
Staff Engineer
Field Engineer
Draftsman
Technical Writer
Administrative Secretary
$170/hr.
$ 130 /hr.
$110/hr.
$ 100 /hr.
$85 /hr.
$ 60 /hr.
$60 /hr.
$40 /hr.
Exhibit B
For court appearances and depositions, the hourly rates are increased by 100 percent,
minimum of 4 hours.
Direct Costs cL. , 72) xw
Reimbursable direct costs will be billed at cost plus 10 percent to cover the cost o general
administrative expenses and handling. The reimbursable direct costs include, "but are not
limited to:
• Travel.- Airfare, Auto Rental, Local Mileage ($0.32 /mile)
• Subsistence - Lodging and Meals
• Communications - Long Distance Telephone & Fax
• Equipment Rental
• Internal Reproduction ($0.22 /sheet)
• External Reproduction - Reports, Blueprints, etc.
• Services Performed by Subcontractors
23332 Mill Creek Drive, Suite 210, Laguna Hills, CA USA, 92653 Tel: (949) 586 -6127 Fax (949) 457 -6356 www.riveitec.com
0
LSA AS50 CIATYY. IMC.
0
Exhibit C
HOURLY BILLING RATES - EFFECTIVE AUGUST, 2001'
Job Classifimflon Hourly Rate—
PRINCIPAL
$100 -200
ASSOCIAT EIPROJECT MANAGER
$ 75 -150
ASSISTANT PROJECT MANAGER
$ 45 -100
PRINCIPAL INVESTIGATOR/PROTECT SCIENTIST
$ 45 -80
ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER
$ 30 -75
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY)
$ 45 -75
RESEARCH ASSTSTANT/TECHNICIAN
$ 25-50
FIELD CREW
$ 20 -60
GRAPHICS
$ 75
OFFICE ASSISTANT
$ 50
WORD PROCESSING
$ 70
Revised August, 2001.
The hourly rate for work involving actual expenses in court, giving depositions or similar expert
testimony, will be billed at $250 per hour regardless of job classification.
I- NCORMONTRACr.WPD uvRmPn 3
• RECEIVED
Certificate of Insurance MAYD1 3 ?002 496 8
Description of Operations /LocationsNehicles /Restrictions /Special items:
RE; WORK PERFORMED AT SAYSIDE DRIVEIMARINE AVENUE. PRV RELOCATION PROJECT, CONTRACT NO: 3418. GENERAL LIABILITY: CITY OF NEWPORT BEACH
AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. WORKERS,
COMPENSATION: WAIVER OF SUBROGATION APPLIES PER ATTACHED ENDT.
*Written at aaareaate limits of liabilitv not less than amount shown
Certificate Holder:
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
Agency Name and Address:
THIS CERTIFICATE IS SS41dJ�nt
Professional Practice
INFORMATION ONLY
Insurance Brokers, Inc.
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
2244 West Coast Highway, Suite 200
NOT AMEND, EXTEND OR ALTER THE COVERAGE
Newport Beach, CA 92663
AFFORDED THE POLICIES LISTED BELOW.
Newport Beach, CA 92663
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
Insureds Name and Address:
Companies Affording PDlicias:
A. American Manufacturers Mutual Ins.
Rivertech, Inc.
B. American Motorists Insurance Company
23332 Mill Creek Drive, Suite 210
c,Great American Assurance Company
Laguna Hills, CA 92653
D..
Attn: Hasan
E.
Fax No: 949 -457 -6356
F.
Description of Operations /LocationsNehicles /Restrictions /Special items:
RE; WORK PERFORMED AT SAYSIDE DRIVEIMARINE AVENUE. PRV RELOCATION PROJECT, CONTRACT NO: 3418. GENERAL LIABILITY: CITY OF NEWPORT BEACH
AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. WORKERS,
COMPENSATION: WAIVER OF SUBROGATION APPLIES PER ATTACHED ENDT.
*Written at aaareaate limits of liabilitv not less than amount shown
Certificate Holder:
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
City of Newport Beach
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
Public Works Dept.
eP
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
3300 Newport Boulevard
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
Newport Beach, CA 92663
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
rwm a enlmN 04/29/02
KOPER PREMIER ENDORSEMENAR
ARCHITECTURE AND ENGINEERING FIRMS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08
1. ADDITIONAL INSURED - -BY CONTRACT, AGREEMENT OR PERMIT
Item 5. of Section C. —WHO IS AN INSURED, is deleted and replaced by the following:
Any person or organization (named above) to whom or to which you are obligated by virtue of a written
contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only
with respect to liability arising out of:
a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured;
b) Permits issued by state or political subdivisions for operations performed by you; or
c) Premises you own, rent, occupy or use.
This provision does not apply unless the written contract or agreement has been executed, or the permit
has been issued, prior to the "bodily injury," "property damage," "personal injury" or "advertising injury
This provision does not apply to any person or organization included as an insured under Additional
Insured — Vendors.
(NOTE: MEETS OR EXCEEDS CG 20 10 11 85)
2. PRIMARY -- NON - CONTRIBUTORY
This insurance is primary and is not additional to or contributing with any other insurance carried by or
for the benefit of Additional Insureds.
3. SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first
Named Insured, this insurance applies:
a) As if each Named Insured were the only Named Insured; and
b) Separately to each insured against whom claim is made or "suit" is brought.
4. NOTICE OF CANCELLATION
If we cancel this policy for any reason other than non - payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company.
If we cancel this policy for non- payment of premium, we will mail written notice at least 10 days before the effective
date of cancellation to the Additional Insured on file with the Company.
5. WAIVER OF SUBROGATION
If the insured has rights to recover all or part of any payment we have made under this policy, those rights are
transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss,
any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a
loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us
enforce them. This condition does not apply to Medical Expenses Coverage.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
NAMED INSURED;
INC.
POLICY NO: 7RE80320400
Effective Date:
01/16/02
Expiration Date: 01116/03
AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY
Gwyumu
Authorized Signature
ISSUED: May 9, 2002
Note: Meets or Exceeds CG2010 11185
Kemper Form 6BP7108
u
0
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT — CALIFORNIA
(The information below is required only when this endorsement is issued
subsequent to preparation of the policy.)
Endorsement Effective:
Policy Number:
Endt. No.
09/01/01
7CW23504513
Insured: RIVERTECH INC.
Insurance Company: American Motorists Insurance Company
Countersigned By: (fWy "*v
SCHEDULE
Person or Organization: CITY OF NEWPORT BEACH, DEPT. OF PUBLIC
WORKS.
ANYONE FOR WHOM THE NAMED INSURED
HAS AGREED TO FURNISH THIS WAIVER
MINIMUM PREMIUM: $100
THE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED
AT AUDIT.
We have the right to recover our payments from anyone liable for injury covered by this
policy. We will not enforce our right against the person or organization named in the
Schedule. (This agreement. applied only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.)
You must maintain payroll record accurately segregating the remuneration of your
employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2.00% of the California workers
compensation premium otherwise due on such remuneration.
THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED
AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED.
WC 04 03 06 (Ed. 04 84) Printed in U.S.A.
MAY -15 -2002 WED 02:38 PM CAL SURANCE FAX N0. 7149391654
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
P, 01 /01
THIS CHECKLIST I COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH.
DATE RECEIVED %. ,910 2 DEPARTMENT /CONTACT RECEIVED FROM
DATE COMPLETE:: SENT T0:
COMPANY/PERSO: REQUIRED TO HAVE CERTIFICATE:
L GENERAL. LIA: ILITY:cr9R C !hS•
A. INSURAN( 'COMPANY: r. A iYlP:✓t ca" y6- 4
B. AM BEST:.: kTING (A VII or greater):
C. ADMITTE): COMPANY: (Mug be California Admitted) Is company a4mitte4 in California? Yes No•_
D. L NUTS: (N: tst be $1, 000,000 or greater) What is limit provided?9Ott
E. PRODUCT' AND COMPLETED OPERATIONS: (Must Include) Is it incfLd. Yes X No_
F. ADDIITOi` 1. INSURDED WORDING TO INCLUDE: (Too City its oicers, agents, officials, employees and
volunteers). Is it included? Yesg No_
G. PRIMARY. ND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes X No_
A. CAUTION! ( Confmn that loss or liability of the Named insured is not limited solely by their negligenoe.)
Does endoni went include "solely by negligence" wording? Yes_,,,_ No !
I. NOTIFICA: [ON OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified ma: ; per Lauren Farley the City will accept the endeavor wording.
IL AUTOMOBILE ,LABILITY:
A. INSURANC COMPANY: rneYiUn
B. AM BEST); 4TJNG (A VII or greater): "/
C. ADMI TIE: COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes D� No--
D. LIMITS: (I., ast be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovidev-1 000 Com
E. ADDITIOr..L INSURED WORDING TO INCLUDE: (The City its officers ,agents, of wiW$. employees and
volunteers). Is it included? Yew_ No` u /
F. PRIMARY , ND NON CONTRIBUTORY WORDING: (For Waste hamlets Only). Is it included? Yes ✓" _
G. NOTIFICA': ION OF CANCELLATION: Although there is a provision that requires notification of cauccuica by
certified ma: ; per Lauren Farley the City will accept the endeavor wording.
M. WORKERS CO.'
PENSATION:
A.
INSURANC
i C:OWANY:
B.
AM BEST Ii
kTING (A VIf or
C.
LIMITS: St:.
utory
D.
WAVIER C.
SUBROGATIOI
n'Lwt c
AS
(To include). Is it included? Yes, No___
HAVE ALL NI. )OVE REQUIREMENTS BEEN MET? Yes j, No
IF NO, WHIC1 ITEMS NEED TO BE COMPLETED?
TO:
FROM:
SUBJECT:
•
Mayor and Members of the City Council
Public Works Department
10 (33)
c -35 t'?
April 9, 2002
CITY COUNCIL AGENDA
ITEM NO. li
APR 0.9 .2002
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
RIVERTECH, INC., FOR MORNING CANYON DRAINAGE STUDY
RESTORATION ANALYSIS
RECOMMENDATION
AND
Approve a Professional Services Agreement with Rivertech, Inc., of Laguna Hills,
California, for preparation of the Morning Canyon Drainage Study at a contract price of
$38,270 and authorize the Mayor and City Clerk to execute the Agreement.
BACKGROUND
Morning Canyon runs within private property from the Pelican Hills Golf Course to the
Pacific Ocean. While the City does not have a maintenance easement in the channel,
General Services annually cleared the drainage course of growth and maintained a
clear natural channel for flood flows during the 1980's. In the early 1990's, this service
was stopped due to opposition by some of the property owners. Since that time, the
property owners have assumed maintenance of the existing drainage course. In 1995,
un- permitted grading and the installation of improvements by one of the private property
owners diverted storm flows and caused a massive slope failure at two properties on
Rockford Road. At the conclusion of a civil suit between the property owners, the court
awarded damages to the owners of these properties that experienced the slope
failures.
These affected property owners have approached the City for guidance in obtaining
design approval for work within the channel to repair the slope. Upon closer inspection
of the existing drainage situation in Morning Canyon between the golf course and Coast
Highway, City Staff discovered the original drainage course has been modified at
several locations by various property owners and the lack of maintenance has allowed
dense vegetation to grow which significantly affects the drainage flows in this portion of
the canyon.
SUBJECT: APPROVAL Oft ROFESSIONAL SERVICES AGREEMENT WITI&ERTECH, INC., FOR MORNING
CANYON CHAN c RESTORATION ANALYSIS
April 9, 2002
Page 2
While Morning Canyon Channel falls within private property' and the City is not
responsible for maintaining the channel, it is appropriate for the City to guide the
corrective process and to prepare a master plan for drainage, restoration, and water
quality for this channel. The City proposes to develop the concept for rehabilitating the
channel and formulating a plan to implement corrective measures. The measures to
stabilize Morning Canyon Channel must be done in a manner that will not have adverse
hydraulic,. biological, or geotechnical, and water quality impacts upstream or
downstream of the affected reach of the channel. These measures may also require
extensive permitting by various regulatory agencies. It also may be appropriate for the
City to serve as the agent to secure the necessary permits.
An additional concern is the current regulatory climate regarding watercourses that
convey runoff to the ocean. Current indications from the regulatory agencies indicate
that the failure of the City to act may trigger State intervention and promulgation of rules
to rehabilitate impaired water bodies. This study would proactively review this portion of
Morning Canyon and propose an appropriate solution.
CONSULTANT SELECTION AND SCOPE OF WORK
Three firms were invited to submit proposals to provide engineering, geotechnical, and
biological analyses and recommendations for restoring Morning Canyon Channel. Two
firms responded to the City's request for proposals:
• Rivertech, Inc.
• RBF
The proposals were independently reviewed to evaluate each firm's qualifications, past
experience on similar projects, and availability before ranking Rivertech, Inc., the
highest. Upon selection, Staff negotiated with Rivertech, Inc., to provide the necessary
scope of services for a fee of $38,270. Rivertech, Inc., has completed similar work
competently and professionally for other local agencies in Southern California.
Staff recommends that Rivertech analyze Morning Canyon Channel and provide
recommendations for implementing corrective measures. The contract tasks include:
1. Data collection
2. A workshop with City staff to consider conceptual alternative restoration plans as
well as the maintenance and enforcement implications to maintain the channel in
a healthy condition
' The City currently holds a twenty -two foot wide easement along the property lines of the Cameo
Highlands properties from the golf course to Coast Highway. It is assumed that the original intent of this
easement was to enable the City to construct a subsurface drainage facility in the event that the golf
course property was developed as a residential tract in lieu of the current use. Staff believes that this
easement will not be needed in the future and would recommend that it be abandoned at some future
date.
SUBJECT: APPROVAL OF OFESSIONAL SERVICES AGREEMENT WITH I RTECH, INC., FOR MORNING
CANYON CHANN RESTORATION ANALYSIS
April 9, 2002
Page 3
3. Hydrologic (tributary flow) and channel hydraulic analyses for 2, 5, 10, 25, and
100 -year storm flows for the pre - failure condition, the post failure condition, and
the proposed corrected condition
4. Biological Resources Assessment
5. Determination of wetland and other jurisdictional areas in the channel
6. Preparation of biological restoration measures to minimize permitting
requirements
7. Qualitative evaluation of the alluvial behavior of Morning Canyon to predict the
response of the stream to future flood events
8. A final report showing plan, profile, sections, and details of the restoration plan
After the report is finalized, the City would:
• Make a determination to have either City Staff or a consultant obtain permits for
the riverbed restoration
Present these findings to all the property owners along the channel
• Actively work with the property owners to assist them in complying with the
riverbed restoration plan once permits were obtained
Funds for this project are available in Account No. 7012 - 051000008
Respectfully
WORKS DEPARTMENT
G. Badum, Director
By: "))Q&1x.
Robert Stein, P.E.
Project Manager
Attachments: Professional Services Agreement
t •
PROFESSIONAL SERVICES AGREEMENT
WITH RIVERETECH, INC.,
FOR MORNING CANYON CHANNEL STUDY
THIS AGREEMENT, entered into this I day of
2002, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Rivertech, Inc., whose address is 2332 Mill Creek Drive, Suite 210, Laguna
Hills, California, 92653, (hereinafter referred to as "Consultant"), 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 prepare the Morning Canyon Channel Study ( "Project").
C. City desires to engage Consultant to prepare a study as outlined in Exhibit
"A" (Tasks 1 through 6 for Rivertech, Inc.) and in Exhibit "A -1" (Tasks 1, 2,
and 3 for LSA Associates, Inc.) upon the terms and conditions contained in
this Agreement.
D. The principal member of Consultant for purpose of this Project is Hasan
Nouri.
E. City has solicited and received a proposal from Consultant, has reviewed
se
• •
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
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 _ day of , 2002, and
shall terminate on the 3111 day of December 2002, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibits "A" and "A -1" incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibits "B" and "C" attached hereto
and incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of thirty -eight thousand, two hundred seventy and 001100 Dollars ($38,270.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
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computer printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibits 'B" and "C."
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. 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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
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•
4.1 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 the 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. Consultant
represents to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession.
4.2 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, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
4.3 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 charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or.procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
13
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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
details and means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Hasan Nouri to be its Project
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9 •
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibits "B" and "C," whether or not considered to be key personnel, without
City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the 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 and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays,
which are due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the services to be provided for Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
Consultant shall complete the study within 60 calendar days of the execution of
this Agreement.
10
Ll
E
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to Bill Patapoff (Project Administrator) not later than ten (10) calendar days
after the start of the condition, which purportedly causes a delay, but not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which are
beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances by
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
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12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
0
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including "Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured (and primary and non - contributory wording for waste haulers only),
covering any owned and rented vehicles of Consultant in a minimum
amount of $1 million combined single limit per accident for bodily injury and
property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
M
one million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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
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venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
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confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide copying and other services through City's reproduction company for
each of the required submittals. Consultant will be required to coordinate
the required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
The Public Works Department will administer this Agreement. Bill Patapoff shall
be considered the Project Administrator and shall have the authority to act for City under
this Agreement. The Project Administrator or his authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
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Agreement.
19. 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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. 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 under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. 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 would have
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0
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and/or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
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25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attention: Bill Patapoff
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 6443311
Fax (949) 6443318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Mr. Hassan Nouri
Rivertech, Inc.
23332 Mill Creek Drive, Suite 210
Laguna Hills, CA 92653
(949) 586 -6127
Fax: (949) 457-6356
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
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(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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.
29. 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 hereon. Any modification of this
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Agreement will be effective only by written execution signed by both City and Consultant.
30. 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.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification or
misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy
or readability of CADD data due to inappropriate storage conditions or duration; or (c) any
use by City, or anyone authorized by City, of CADD data for additions to this Project, for
the completion of this Project by others, or for any other project, excepting only such use
as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in °.dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
-17-
0 0
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
RIVERTECH, INC.
By:
Hassan Nouri
f lusmrepbw\sharedlagm9mentsW 01- 021dvertech - moming canyon channel.doc
ME
Exhibit A
RIVERTECH
I' INC
/i h
February 20, 2002
E"
Mr. Bob Stein
70n2
Principal Civil Engineer
cce
City of Newport Beach
Public Works Department
eease
P.O. Box 1768
Newport Beach, California 92658 -8915
RE. Proposal for analyYlnp, remediating, restoring and stabilizing Morning Canyon.
Dear Mr. Stein:
Rivertech Inc. Inc. in conjunction with Leighton and Associates and LSA Associates, Inc. is pleased to submit
this proposal to provide the City of Newport Beach (City) with engineering services for analyzing, stabilizing
and restoring Morning Canyon Channel. The Study Reach extends from the outlet of the 51 -inch storm drain
downstream to the Pacific Coast Highway (PCH). A schematic of the Study Reach is shown below. After
analyzing we will recommend corrective measures along the Study Reach to achieve its stability. Furthermore,
we will ensure that those corrective measures will not have adverse hydrologic, hydraulic, biological and
geotechnical impacts downstream and upstream of the Study Reach.
Basin Y3
ARM
51 -inch Storm Drain
MORNING . 1000,
CANYON Basin P
CHANNEL
Study Reach A
l
B Pacific Coast Highway
We have assembled the Rivertech- Leighton -LSA team (Study Team) because of our past experience
and knowledge about Morning Canyon. During the late 1980s and early 1990s the three firms have
worked together to mitigate the impacts of the Newport Coast Development on Morning Canyon. The
Study Team's experience noted below substantiates that we can perform the following Proposed
Scope of Work in a cost - effective and efficient manner. The Scope of Work proposed by Leighton
and Associates and LSA Associates are appended to Rivertech Inc. proposal.
23332 Mill Creek Drive Suite 210 Laguna Hills, CA 92653 Tel: 949 - 566 -6127 Fax: 949 -457 -6356 www.rivertec.com
Familiarity with Morning Canyon. Since 1987, under contract to Ile Irvine Company, the Study Team
has performed several hydrologic, hydraulic, sediment transportation, geotechnical and biological
analyses of the Newport Coast watersheds, including Morning Canyon. The Master Drainage and
Runoff Management Plan (MDRM) for the Newport Coast Development prepared by Rivertech Inc. in
1989 documents a significant portion of those analyses. Leighton and Associates and LSA Associates
provided geotechnical and biological support for that MDRM
• Newport Coast Erosion /Deposition Processes Monitoring Program. During construction of Newport
Coast The Irvine Company had retained the services of Rivertech Inc. to monitor the alluvial behavior
of several streams including Morning Canyon. During that period we have taken numerous pictures and
videotapes of Morning Canyon and are in our files.
PROPOSED SCOPE OF WORK
Task 1 - Perform Site Reconnaissance Survey and Obtain Baseline Data
Members of the Study Team will observe the site and obtain onsite information. If possible, we propose
that during the site reconnaissance survey you observe the site jointly with us. To compare the existing
failed condition to the original condition we will bring copies of the historic pictures for Morning Canyon
with us.
Task 2 — Perform Hydrologic Analysis
We have both the electronic files (AES Files) and hard copies of the hydrologic analysis in our office for
Basins PI and P3. The analysis has been performed for the return periods of 2, 5, 10, 25 and 100 years. We
will route the outflow hydrographs from each basin to Point "A" of the above figure to obtain the
hydrographs for the Study Reach.
Task 3 — Organize Workshop, Develop Conceptual Alternative Restoration Plans and Select the Most
Preferred Alternative
The Study Team will meet in a workshop environment and develop a minimum of three conceptual
alternative restoration plans. We would also request that you and those who may be designated by you
to attend this workshop. It should be mentioned that the restoration plans most probably would be .
different than the condition, which had existed prior to the slope failure and vegetation growth. This is
because once the mechanics of an alluvial stream has been disturbed it is difficult to bring it back to its
natural condition. Even if that were possible, time is required.before the system heals. Until the system
recovers.it maybe subject to failure again. Therefore, in developing alternative plans we will focus on
the stability of Morning Canyon both during short and long -term periods.
Task 4 — Perform Hydraulic Analysis
To hydraulically analyze the Study Reach in its existing failed condition cross- section survey data are
required. We understand recent topographic data for Morning Canyon can be obtained from the County of
Orange, Public Facilities & Resources Department. If such data are not available we request that the City
provide the Study Team with those survey data. Topographic maps for Morning Canyon prepared in the
late 1980s are available in our files.
Using the U.S. Army Corps of Engineers BEC -RAS Model three conditions will be hydraulically analyzed.
The three conditions are:
• 0
/ Pre- failure Condition
• Post - failure Condition, and
• Corrected Condition
Water surface profiles as well as other hydraulic parameters such as depth and velocity will be calculated
along the Study Reach corresponding to the Return Periods of 2, 10, 25 and 100 years. Calculation of
hydraulic parameters for higher frequency events such as 2 years is important because they represent the
channel forming discharge
Task 5 — Qualitatively Evaluate the Mechanics of Morning Canyon
Using the results of Tasks 1 through 4 we propose to evaluate the alluvial behavior of Morning Canyon
corresponding to the three conditions mentioned in Task 4. Under each condition we will predict the
response of the stream to future flood events.
Task 6 — Prepare the Study Report
Rivertech Inc. proposes to summarize the results of the above tasks in a concise report that will show the
plan, profile, sections and details of the restoration plan. We will integrate the results of our analysis with
those by LSA Associates and Leighton and Associates.
PROPOSED FEE
The combined proposed fee for Rivertech Inc., Leighton and Associates and LSA Associates is estimated at
$85,770.00 as shown in the attached table entitled Estimated Labor and Fee. Rivertech's proposed fee is based
on our estimated labor to accomplish the above Scope of Work and Rivertech's Schedule of Charges for 2002.
For your convenience I have enclosed a copy of that schedule. In addition, I have enclosed copies of resumes
for Mr. Atayee and I along with the Summary of Qualification and Experience for Rivertech for your files.
Thank you for the opportunity to submit this proposal. We are optimistically looking forward to work with you
in the referenced monitoring program. If you have any questions or require more information please do not
hesitate to contact Mr. Atayee or me. , I hope the above Scope of Work meets with your approval and would
appreciate receiving your authorization to proceed at your earliest convenience.
Sincerely,
RrVVEERTECH INC.
✓ � ciyt�' Cis
Hasan Nouri, P.E.
President
ReCelVedi 2/25/02
2:55PM;
02 -25 -02 02Wm
Frm-
LSA
February 25, 2002
-> Rivertech Inc.; Page 2
Exhibit A -Z
LSA A040014T10, INC. OTRLR OrrICPS: ✓T. COLLINS
ONL PARR PLwLA. SVITL $00 949.553.0666 TLL 111RLLLY lIVLR61Ai
IRVINl. CAL1rORNIA 92614 949553.8076 TA n. RICIINONL ROCKLIN
Mr. Hasan Nouri
Rivertech
23332 Mill Creek. Drive, Suite 210
Laguna Hills, CA 92653
Subject: Proposal for Biological Support - Wynkoop Slop Restoration - Moming Canyon,
Corona del Mar, California
Dear Hawn:
LSA Associates, Inc. (LSA) is pleased to provide this proposal for biological services in support of
the'subject project We have divided this proposal into two phases. The first will be done in suppon
of actual project design. The second phase consists of subsequent: CE-QA documentation and
permitting that cannot be implemented until the design is completed. Because the final project is not
known at this time, the scope and budget for the Phase 11 tasks are necessarily more general.
SCOPE OF SERVICES
Phase I
Task 1- Biological Resources Assessment. LSA will assess the site for all biological resources,
including endangered and threatened flora and fauna_ A database search and habitat suitability
assessment will be completed for the site. The results of this assessment may indicate the need for
surveys not included in this scope of services, for the presence of listed species such as the coastal
California gnatcatcher (Pohoptila californico calffornica).
Task 2 - Wetland Jurisdictional Delineation_ Under Section 404 of the Clean Water Act, the
United States Army Corps of Engineers (Corps) regulates discharges of fill materials into waters of
the United States, including wetlands. Waters of the United States include essentially any body of
water (e.g, drainage course) with defined banks or other evidence of flow. The California
Department of Fish and Crame (CDFG), through provisions of the State of California Administrative
Code, is empowered to issue agreements for any alteration of a river, stream, or lake. Streams (and
rivers) are defined by the presence of a channel bed and banks, and at least an intermittent flow of
water.
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PLANNING I LNVIROXWI:NTAL SCILNCAS I OAA, C.
Reeelved; 2/25/02 2:65PM; -> Rlverteoh Inc.; Page 3
d2 -25 -02 02:41ps Frog- + T -691 P.003/011 F -860
L!n INC.
LSA will complete a ocused etland delineation according to the 1987 Corps of Engineers Wetland
Delineation Manual, dy accepted methodology, using the routine delineation methodology.
A comprehensive delineation will not be necessary. LSA will also complete, concurrently, a
jurisdictional "waters of the U.S." determination according to current Corps standards. Finally, LSA
will determine the extent of any streambed and associated riparian areas subject to review by CDFG
under Section 1601 of the Fish and Game Code. Because of the significance of this issue io other
tasks within this scope of services, verification of the wetland area is critical.
The results of the delineation will be presented in a detailed report, which will include large -scale
mapping (e.g., 1' —20') of any wetland and other jurisdictionaFa eas. The report will be provided in
draft form for review by the project team. Any concerns regarding LSA's findings will be resolved
by discussion among the team members. LSA will provide a final report in appropriate format for
submittal to the Corps.
Task 3 - Biological Input on Design. Based on Tasks 1 and 2, LSA will provide initial input on
constraints and opportunities for the preliminary design alternatives that are being considered. Much
of this input will be directed toward minimizing the permitting requirements, i.e., by avoiding impacts
to jurisdictional areas. in the event the impacts are unavoidable, we will focus on incorporating
prudent habitat restoration measures into the project design so that the project is essentially self -
mitigating. The budget for this task includes attendance at two meetings, with you and/or the City,
and preparation of a concept plan for habitat restoration.
Phase U
Task 4 -Prepare CEQA Documentation. LSA will prepare the environmental analysis for the rear
yard improvements. LSA will conduct an Initial Study that will conform to California Environmental
Quality Act (CEQA) requirements, with the objective of providing enough information to enable the
City of Newport Beach to make a finding with respect to the potential environmental effects of the
project. Our approach will be to prepare the Initial Study to determine whether a Categorical
Exemption, Negative Declaration, or Mitigated Negative Declaration is applicable for project CEQA
clearance. This proposal is based on the preparation of a Negative Declaration, similar to another
Negative Declaration prepared by LSA for another slope stabilization project in the Coastal Zone,
within the City of Newport Beach. Our analysis will be provided to the City, which the City will then
use to make its own determination. We propose that the draft Initial Study be presented to the City
staff at a meeting to review the analysis and findings.
To accomplish the task outlined above, LSA will complete the following items:
• Prepare an analysis to determine whether these are significant environmental impacts associated
with rear yard improvements. Analyses will include the potential for impacts to land use, public
health and safety, biological resources, and geological resources. All other CEQA Initial Study
checklist items will be addressed, although at a lesser degree of detail.
2n5/02CI \ARi\PR0PS -S0M mnprop.wpd)>
SCHEDULE OF CHARGES
2002
Professional and Support Services
Principal Engineer $170 /hr.
Senior Engineer $130/hr.
Project Engineer $110 /hr.
Staff Engineer $100 1hr.
Field Engineer $85 /hr.
Draftsman $60 /hr.
Technical Writer $60 /hr.
Administrative Secretary $40 /hr.
Exhibit B
For court appearances and depositions, the hourly rates are increased by 100 percent,
minimum of 4 hours.
Direct Costs
Reimbursable direct costs will be billed at cost plus 10 percent to cover the cost of general
administrative expenses and handling. The reimbursable direct costs include, but are not
limited to:
• Travel - Airfare, Auto Rental, Local Mileage ($0.32 /mile)
Subsistence - Lodging and Meals
• Communications - Long Distance Telephone & Fax
• Equipment Rental
• Internal Reproduction ($0.22 1sheet)
• External Reproduction - Reports, Blueprints, etc.
• Services Performed by Subcontractors
23332 Mill Creek Drive, Suite 210, Laguna Hills, CA USA, 92653 Tel, • (949) 566 -6127 Fax (949) 457 -6356 www.rivertac.com
0
LfA ASY V EIATCt. IME.
LS A Rs�c.l fl')�S
0 Exhibit C
HOURLY BRI ING RATES - TiMCTIVE AUGUST, 2001`
Job Classification Hourly Rate'
PRINCIPAL
$100 -200
ASSOCIATE/PROJECT MANAGER
$ 75 -150
ASSISTANT PROJECT MANAGER
$ 45 -100
PRINCIPAL INVESTIGATOR/pROJECT SCIENTIST
$ 45 -80
ENVIRONMENTAL ANALYST /ASST. PLANNER/ASST. ENGINEER
$ 30 -75
FIELD DIRECTOR ( ARCHAEOLOGY /PALEONTOLOGY/BIOLOGY)
$ 45 -75
RESEARCH ASSISTANT/TECHNICIAN
$ 25-50
FIELD CREW
$ 20-60
GRAPHICS
$ 75
OFFICE ASSISTANT
$ 50
WORD PROCESSING
S70
Revised August, 2001.
The hourly rate for work involving actual expenses in court, giving depositions or similar expert
testimony, will be billed at $250 per hour regardless of job classification.
LAcoRr,C0NTRACT.wrD <(2/ aP> 3