HomeMy WebLinkAboutC-3593(A) - PSA for Big Canyon Creek Restoration Project03593
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC. FOR
BIG CANYON CREEK RESTORATION
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT, is entered into as of this M day of DbhW , 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VA
CONSULTING, INC., a California Corporation whose address is 17801 Cartwright
Road, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the
following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for engineering
design services for the Big Canyon creek Restoration Project, hereinafter
referred to as 'PROJECT."
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated January 27, 2009.
C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional
services not included in the AGREEMENT or prior AMENDMENT, to extend the
term of the AGREEMENT to December 31, 2010 and to increase the total
compensation
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO" as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2010,
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO, TWO, including but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit 1 and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eight
Hundred Ten Thousand, Eight Hundred Seventy -Four Dollars and no1100
($810,874.00) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. THREE, including all reimbursable items and
subconsultant fees, in an amount not to exceed Eighty -Five Thousand,
Seven Hundred Ninety Dollars and no /100 ($85,790.00), without prior
written authorization from City.
4. INTEGRATED CONTRACT
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.
2
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
nette D. rea'uqgmp,
Assistant City Attorney
ATTEST:
By: �L-CPrM__
Leilani I. Brown,
City Clerk
Attachment
CITY O. NEWPOTBEACH,
A Munficiaal Cora'rZon
Edward D. Selich;
Mayor
CONSULTANT:
VA CONSULTING, INC.
B:
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a hid,
resident and C.E.O.
/A� OoCiZ��76
Michael S. Carter,
Secretary and C.F.O.
Exhibit 1 — Additional Services to be Performed
'43
EXHIBIT 1
VAI
CONSULTING
September 10, 2009
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Dear Mr. Reader:
This letter is a change order request for additional engineering design services related to the Big
Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December
11, 2007). This change order supersedes our previous letter dated August 31, 2009.
These additional services include on -call services that were not Included in the original scope of
work or Addendum 1 for the final design of the project. The services provided include
excavation of a boring hole to provide access to groundwater for sampling and analysis,
revisions to the Operations and Maintenance Plan to include procedures required to avoid
impacts to biologically sensitive habitats, additional services required for permit and
environmental document processing, and dividing the project plans into two phases to meet
Coastal Commission requirements.
A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a
breakdown of VA's hours and tasks is included as Attachment A. We will provide our services
on a time - and - materials, not -to- exceed basis in accordance with the attached fee schedule
(Exhibit A).
SCOPE OF SERVICES
Boring Holes Excavation
Geosoils, Inc. drilled a hand auger boring hole adjacent to the access road along
the northerly slopes of Big Canyon, in the vicinity of the existing spillway to
provide CH2MHill access to groundwater. Because this operation was
successful, the Geosoils fee is $500 and further drilling with a drill rig for
groundwater sampling is not required. The proposal from Geosoils is included
with this letter as Attachment B.
VA Consulting, Inc.
carpet a Office
Orange County Division
6400 Oak Canyon, Suite 150
Irvine, CA 92618
Phone 949.474.1400
Fox 949.261 AU2
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Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
September 10, 2009
Page 2 of 7
2. Update Environmental Documents and Permits Applications
Resource agencies requested additional information and revisions to the
environmental documents and permits beyond the original project scope and
Addendum 1. In response to these requests, WRA provided additional figures
showing greater detail regarding habitat impacts and creation. WRA provided an
Alternatives Analysis, project impact analysis, Biological Monitoring Plan, and
additional Salt Marsh Bird's Beak information to the resource agencies. WRA
reviewed the project Operations and Maintenance Plan and provided text which
describes the long -term maintenance procedures required to avoid impacts to
sensitive habitats, including wildlife and vegetation. Per the request of CDFG
and the Coastal Commission, WRA installed 5 groundwater monitoring wells with
piezometers and data loggers at each well location to measure water level,
conductivity and temperature at 30- minute intervals. The total WRA fee for
this task is $4,273. The proposal from WRA is included with this letter as
Attachment C.
VA incorporated the language provided by WRA to address biologically sensitive
resources in Big Canyon into the Operations and Maintenance Plan for use in
obtaining regulatory permits. VA provided peer review of the additional language
for project compatibility and incorporated the language into the Operations and
Maintenance Plan text The total VA fee for this task is $3,092.
VA purchased the data loggers and provided them to WRA for installation
at each groundwater monitoring well location. The total VA cost for this
item is $8,475.
3. Project Coordination and Meetings (WRA)
Additional project coordination and stakeholder meetings for design review and
permit approval was conducted after permit application materials were
formally submitted. This scope of work provides.for the additional conference
calls, meettng preparations, and project management time. The total WRA
fee for this task is $2,500. The proposal from WRA is included with this letter as
Attachment C.
4. Electrical Systems Design
The temporary irrigation systems needed for the establishment of proposed
tidal and restoration planting will require a power source in lieu of solar
power, as originally proposed to the City. W.A. Doby Engineering, Inc. has
provided a station plan, station single line diagram, Service Pedestal
elevations and Installation details, SCE equipment Connection details,
construction details, and electrical construction specifications. The total
W.A. Doby fee for this task is $3,750. The proposal from W.A. Doby is
included as Attachment D.
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Mr. Mark Reader, P.E.
Big Canyon Greek Restoration
September 10, 2009
Page 3 of 7
5. Temporary Irrigation Water Line
The temporary irrigation of restoration planting will require a potable water
source. IMA prepared the design and layout of a pressure mainline and
backflow preventer from the hot tap point of connection at an existing
potable water source, along the proposed sewer maintenance road to the
proposed freshwater pond. The IMA cost for this task is $4,500. The
proposal from IMA is included as Appendix E.
6. Project Coordination and Meetings (Ron Yeo)
Additional project coordination and meetings were required to address City
comments on the Project plans. This task provides for coordination and meeting
time required for Ron Yeo (architect) to complete the architectural aspects of the
Project. The total Ron Yeo fee for this task is $1,200.
Construction Phasing
The City requested that the Project Plans be divided into two separate plan sets,
one for each Phase of construction, in order to satisfy the California Coastal
Commission request that the proposed freshwater pond be established before
construction in the existing freshwater marsh takes place. At the time Addendum
I was written, the proposed freshwater pond was at a conceptual level, with no
elevation studies or grading design completed. The additional cost of providing
two separate plans sets was not included in the original contract, nor was it
included in Addendum 1.
In order to create two complete but separate construction phases, two unique
grading plans were developed, each providing flood control protection of the
proposed freshwater pond. The Phase 1 grading base was developed with the
original base file and modified to include a staging area in the vicinity of the
proposed interpretive area, the proposed freshwater pond, and the proposed
sewer maintenance road. Grading for the staging area was developed using the
proposed interpretive area roadruay and modified to balance the Phase 1 site
with regards to cut and fill quantities. An iterative approach was required to
arrive at a final Phase 1 project that was balanced. As such, the grading for the
staging area was refined three times in order to balance the site.
The proposed flood control conveyance grading will impact the existing
freshwater marsh, therefore the flood control conveyance could not be part of the
Phase 1 plans. The flood control conveyance contours were deleted from the
Phase 1 basefile and the contours along the berm between the proposed flood
control conveyance and proposed freshwater pond were revised to allow Big
Canyon Creek to continue to flow to the existing freshwater marsh after Phase 1
construction is completed. in order to ensure that storm water would not damage
the new freshwater pond during a major storm event, a Phase 1 hydraulic
analysis was conducted. Grading along the northerly trail of the proposed
freshwater pond was adjusted to ensure that 100 -year storm flows would not
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Mr, Mark Reader, P.E.
Sig Canyon Creek Restoration
September 10, 2009
Page 4 of 7
overtop the berm and damage the pond based on the results of the Phase 1
hydraulic analysis.
The Phase 2 grading base was developed with the original base file and modified
to include the proposed tidal marsh, proposed Back Bay Drive realignment,
proposed interpretive area, proposed freshwater marsh, and proposed flood
control conveyance. Contours in the vicinity of the Phase 1 staging area and
along the berm between the proposed freshwater marsh and proposed flood
control conveyance were revised for continuity between the two phases. A
Phase 2 hydraulic analysis was conducted to ensure that 100 -year storm water
flows would not enter the freshwater pond during a 100 -year storm event and
that storm water flows would be non - erosive in the proposed flood control
conveyance.
In order to provide plans that could be used separately for each phase of
construction, two additional rough grading plan sheets were created and each of
the remaining six rough grading plan sheets were significantly revised. Two
additional cross sections and detail sheets were created to clarify each phase of
the grading plan. Creating a new rough grading sheet required setting up
viewports in paperspace that were consistent with the index map, updating titre
block information, adding the appropriate constructions notes to the construction
notes list, labeling construction items with the appropriate construction note
numbers, adding a curve and line data table, labeling curves and lines the with
appropriate label, addition of annotations, adding typical section notatlon, and
formatting line weights, line types, and line type scales. Revisions to the rough
grading sheets included changes to the construction notes and labels, revisions
to the annotations; revisions to typical section notation, and revisions to
viewports to be consistent with the Index map. Creating a new cross - section and
detail sheet requires drafting the sections and details, annotating the sections
and details, referencing in the appropriate files into the sheet, creating viewports
to show the sections and details and the appropriate scale, and formatting line
weights, line types, and line type scales.
Each phase of construction requires a separate erosion control plats; therefore
three additional erosion control plan .sheets were developed. Creating a new
erosion control sheet required setiing up vlewports in paperspace, updating title
block information, adding erosion control features, adding erosion control notes,
construction notes, and details as required, and formatting line weights, fine
types, and line type scales.
The invasive species removal plan had to be divided into two separate plans
corresponding to each construction Phase; therefore two additional invasive
species removal plan sheets were created. Creating the additional im+asive
species removal sheets required updating title block information, updating legend
information, and updating invasive species removal phase hatching to be
consistent with project phasing.
The restoration planting pian had to be divided into two separate plans
corresponding to each phase of construction; therefore two restoration plans had
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Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
September 10, 2009
Page 5 of 7
to be developed and six additional planting plan sheets were created. The
Phase 1 Restoration Plan was developed to include planting in areas that would
experience invasive species removals prior to the construction of Phase 1 and
areas that would be graded as part of Phase 1 construction. The Phase 2
Restoration Plan was developed to include planting in areas that would
experience invasive species removals prior to the construction of Phase 2 and
areas that would be graded as part of Phase 2 construction. Development of the
Phase 1 and Phase 2 Restoration Plans required changes to the planting plan
base file, specifically revising the polygons for the different habitat types.
Revisions to the planting plant sheets included revising viewports to be
consistent with the index map and updating reference files. Additional revisions
include plan check comments from the City that require duplicating planting
information from the project specifications on each of the planting plan sheets.
Dividing the project plans into two separate plan sets required revisions to three
AutoCAD base files and the addition of 15 sheets to the Project Plans. This task
also includes revisions to the freshwater pond configuration after the revised
grading design was completed to accommodate requests for mitigation site
avoidance made by California Department of Fish and Game. The original pond
size /acreage was established to provide a 1:1 freshwater habitat replacement.
This task also provides for the time spent by VA staff to divide the project
specifications into two phases, per the request of the City. The total VA fee for
this task is $34,000.
8. Structural Submittal
The City requested that the structural sheets from the Project Plans be submitted
to the Building and Safety Department As a separate submittal from the entire
Project Plan set: One- title sheet and one index map was created for each Phase
Of construction for a total of 4 additional plan streets. In addiboh, the Phase 2
plan submittal was divided into two plans sets: one for Public Works Department
Components and one for Building and Safety Department Components. The
Public Works Department Components Plahs Include Rough Grading Plans,
Street Improvement Plans, Quad Box Structural Plans., Erosion Control Plans,
Invasive Species Removal Plans, Restoration Planting Plans, Wettand Planting
Plans, and Interpretive Signage Plans. The Building and Safety Department
Components Plans include the Precise Grading Plans,, Architectural Plans, and
Miscellaneous Structures Plans. Revisions were required on a total of 20 sheets
in order to create the separate plan set for Building Department Review. The
Hydraulic and Structural Calculation Package (Phase 1 and 2) was also revised
in order to create a separate structural calculations package for Building and
Safety Department Review. Revisions to 10 pages of the calculations and the
creation of one new title sheet were required. The VA fee for this task is $9,000.
9. Subterranean Wetland Deletion
As part of Addendum 1, VA provided engineering design activities to include a
subterranean wetland in the construction plans as a treatment facility for
selenium. During a telephone conference call, the Regional Water Quality
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Mr. Mark.Readpr, P.E.
Big Canyon Creek Restoration
September 10, 2009
Page 6 of 7
Control Board expressed concerns that subterranean wetlands have not been
tested for treatment of selenium, and may worsen the condition In Big Canyon.
The City decided that the subterranean wetland would be deleted from the
project plans to be included as a later Phase or a future pilot project. Additional
engineering design and grading was required to ensure that low flows from the
Jamboree culvert would drain to the existing Big Canyon Creek without the
subterranean wetland. Revisions to the restoration planting plan were required
to provide planting in the location of the deleted subterranean wetland. The
rough grading plan sheet depicting the subterranean wetland was revised to
properly annotate the revised project configuration. An additional cross - section
was added to the sections and details sheet to clarify the revised grading at the
location of the deleted subterranean wetland. Revisions to two base files and
two plan sheets were required to eliminate the subterranean wetland. The total
VA fee for this task is $2,000.
10. Past Resource Agency Meetings and Coordination
The original contact and Addendum 1 funds for meetings and coordination were
depleted in May of 2009. This task provides for VA participation in 8 resource
agency meetings and 20 hrs of coordination time required for the approval of the
environmental documents and permits that have occurred between May of 2009
and the present. This task also includes meeting and coordination time required
to initiate the electrical and water supply line design tasks. Meetings and
coordination relating to project design are not a part of this task. The total VA
cost for this task is $8,588.
11. Future Meetings and Coordination
This task provides for future meetings, coordination, and information requests by
the City for the Phase '1B and Phase 2 portions of the Project. This task provides.
for 24 additional hours of meeting and coordination time. The total VA cost for
this .task is $3;912.
IL FEES
1.
Boring Holes Excavation .............................................. ..............................$
500
2.
Update Environmental Documents and Permit Applications .......................$
15,840
3.
Project Coordination and Meetings ( WRA) ................... ..............................$
2,500
4.
Electrical System Design ..........................:.................. ..............................$
3,750
5.
Temporary Irrigation Water Line ................................ ..............................$
4,500
6,
Project Coordination and Meetings (Ron Yeo) .............. ..............................$
1,200
7.
Construction Phasing......... .......................................... ..............................$
'34,000
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Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
September 10, 2009
Page 7 of 7
8. Structural Submittal... ............................. ...................................................
$
9,000
9. Subterranean Wetland Deletion ................................... ..............................$
2,000
10. Past Resource Agency Coordination ............................ ..............................$
8,588
11. Future Meetings and Coordination ............................... ..............................$
3,912
TOTALFEES ................ ...... — ................................................ ............................
$
85,790
If you have any questions or require additional information, please feel free to
contact Dan
Villines or me at (949) 474 -1400 or John Wolter at (951) 340 -0030.
Sincerely,
Max P. Vahid, P.E.
President and CEO
MPV /kam
Enclosure— Exhibit A — VA Fee Schedule/ Attachments A through G
cc: Dan Villines, John Wolter, Contracts
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EXHIBIT A
VA CONSULTING, INC.
FEE SCHEDULE
2009
Staff Classification
Civil Engineering and Planning Services
President......................................................... ...............................
Division President/Division Manager ............... ...............................
Sr. Vice President/Vice President/ Exec. Director ...........................
Director........................................................... ...............................
Senior Project Manager ................................... ...............................
ProjectManager ............................... ..........................................
Assistant Project Manager .............................. ...............................
Senior Project Engineer /Senior Design Supervisor /Senior Planner
Project Engineer /Design Supervisor ................ ...............................
Senior Design EngineerlSenior Designer ....... ...............................
Design Engineer/Planner ................................ ...............................
Designer... ..................................................... ..............................
Assistant Engineer /Assistant Planner ............. ...............................
Research and Processing Coordinator ........... ...............................
Senior CADD Technician ............................... ...............................
JuniorEngineer .............................................. ...............................
CADDTechnician ........................................... ...............................
EngineeringIntern .......................................... ...............................
Office Support/ C14rical .................................... ...............................
Field 'Survey and Mapping Services
Director of Survey and Mapping ..........................
Manager of Field Survey...... ................... ...............
Stlxvy and Mapping Associate .............................
Survey and Mapping Technician ...........................
3 -Man GPS Crew ................... ...............................
2-Man. GPS Grew.. ................. ...............................
1 -Man GPS Crew
Hourly Rate
............................ ............................... $1.58
..: ....... ................. . ............................ .... $130
.............................. ............................... $95
........................... $75
................. ............ I ........... .........
.......
Stsecial Services
Litigation.......... ........,.............................. ..., ...... I ................ 4.......
Notes:
I ....................1 ".. $235
.......................... $205
.......................... $175
..................:.... $450
1. Invoices Will be prepared for all services through the end of each calendar month. Invokers are due and payable on,presentatlon.
2. Overture, when requested bythe olient, will be surcharged at a rate of 1W,6 of the standard" rates. Sundays and holidays
wtll besurchargad at it rate of'1 -= of the standard hourly rates.
3. Reprograph.", messenger service„ havef (tndu ft lodging and meals), and otter direct expemas will be charged at cost plus
1045. The.eervloes of outside consultants will be charged at cost plus 15% to saver adminisuationad evedwW.
4, in -house reprcgraphlos charges: B&W Bond copies $1,00/sgft, color aoMS5.001sq.ft.
S. Weep Will be bited at standard mileage rates so by IRS. 2" rates currently listed at $0,55 per mile.
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3812 E. La Palma Avenue • Anaheim, CA 92607 • (714) 632 -0151 • FAX (714) 632 -0745
May 15, 2009
VA Consulting, Inc.
17801 Cartwright Road
Irvine, California 92614
Attention: Mr. Dan Villines
W.O. 5595 -At -OC
Subject: Change Order Request No. 2, Big Canyon Creek Restoration, Upper Newport
Bay, Newport Beach, Orange County, California
Dear Mr. Villines:
GSI respectfully requests a change order to the contract for geotechnical services
addressing the Big Canyon Creek Restoration, Upper Newport Bay, Newport Beach, Orange
County, California. This change order was created in response to your recent request by for
groundwater sampling at the site. It should be noted however, that the actual sampling will
be performed by others. GSI will be responsible for excavating the boring holes only.
Two methods of drilling are provided as options In this change order. The first option
includes four (4) hours for a geologist with a hand auger and is estimated to be
approximately $500, Ibis option would provide one (1) hand auger boring, up to 16 feet in
depth, or until groundwater is encountered. The second option includes four (4) hours with
a hollow stem drill rig as well as a supporting geologist and is estimated at $1,400.00. This
option is provided in case the, first option is not successful, due to refusal or excessive depth
to groundwater.
The opportunity to be of service is sincerely appreciated. If you should have any questions,
please do not hesitate to contact our office.
Respectfully submitted,
GeoSoils, Inc.
46 q. -
Shaun Wi kins
Project Geologist
SHW /BBS/jh
Distribution: (2) Addressee
t5en Shahrvini'
Vice President, GE 2286
i.
ewaIoorvonrr.4AS c014SUtraM78
Big Canyon Creek Restoration Project Phase II:
Permitting and Design Services & California Environmental Quality Act Documentation
VA Consulting Project No. 373.0400
SCOPE OF WORK AND ESTIMATED BUDGET
CHANGE ORDER
Prepared for:
John Wolters
VA Consulting, Inc.
17801 Cartwright Road
Irvine, California 92614
September 9, 2009
PURPOSE
The purpose of this Scope of Work is to describe tasks required to complete for work described in
the December 17, 2008 change orders submitted to VA by WRA ( "Permitting and Design Services"
and "California Environmental Quality Act Documentation "). Due to project changes, phasing, and
agency requests, the scope of work described in the December 2008 change orders expanded and
additional funds are required to compensate for additional work already conducted by WRA. This
out -of -scope work focused on providing resource agency personnel with additional project
documentation, project impact analyses and installation of hydrology monitoring wells.
This Scope of Work also describes workto be conducted by WRA, Inc. to assist the City of Newport
Beach in completing Phase IA of the Big Canyon Creek Restoration Project. Wli work will focus
on landscaping drawings, specifications and cost estimates; preparation and receipt of agency
permits; construction management services to implementthe Plan; and coordination and meetings
with agency and City staff.
Finally, this Scope of Work describes hydrology well monitoring tasks to be conducted by WRA for
a 2 -year monitoring period.
WORK PRODUCTS
Additional funds are required to compensate for unanticipated work associated with the following
work products described in the December 17, 2008 change orders:
Permitting and Design Services Change Order
Task 3: Update Environmental Documents and Permit Applications
Task 5.• Project Coordination and Meetings
WRA will add additional tasks to the December 17, 2008 Permitting and Design Services Change
Order and will provide the following work product:
2169-G Cos Froncisvo Blvd., San Rnh78i. c.4 94901 (415) 454 -M68 lei (415) 454 -0129 fox irdo@Lvm•co.com www.im-coxom
Task 6: Phase IA Construction Documents
Task 7: Phase IA Permit Applications
Task 8: Phase IA Construction Observation
Task 9 Well Monitoring & Reporting
SCOPE OF WORK
Permitting and Design Services Change Order
Task 3: Update Environmental Documents and Permit Applications
Edits and additions to permit documents beyond the scope of the December 2008 change order
were required before final submittal to resource agencies. WRA incorporated agency and
stakeholder comments into permit application materials and generated additional figures to show
more details of all habitat impacts and creation as a result of Project. Additional Project
documentation was required to satisfy resource agency information requests afterpermit submittal,
including an Alternatives Analysis, project impacts analyses, sections of the Project's Operations
and Management and Biological Monitoring Plans, and coordination of salt marsh bird's beak
information with the agencies. WRA prepared all requested documentation and provided it to the
resource agency personnel for review. WRA coordinated with agency personnel via phone calls
and email with the objective of formal permit approval.
WRA performed background research, obtained an access permito California Department of Fish
and Game (DFG) lands adjacent to the project boundary, and installed 5 monitoring wells as
requested by the California Coastal Commission and DFG.
Task 5: Project Coordination and Meetings
Additional project coordination and stakeholder meetings for design review and permit approval was
conducted after permit application materials were formally submitted. WRA will provide a project
summary and assemble Phase IB and Phase Il materials for the City's records. This scope of work
provides for additional meetings attended by WRA staff vita conference call, and provides for
preparation and follow-up time for each meeting for work related to Phase IA implementation.
Task 6: Phase LA Permit Applications
WRA will work with the City to develop a vegetation management plan to implement Phase IA of
the Big Canyon Creek Restoration Project and that optimizes weed removal and native plant
restoration while avoiding major resource agency permits. WRA will prepare materials to apply for
and gain receipt of resource agency permits for Phase IA. We will coordinate with resource agency
personnel via phone calls and email& to secure receipt of permits.
Task 7: Phase IA Construction Documents & Cost Estimates
Construction Documents
We will review existing plans and documents that describe the habitat enhancement and restoration
components that will be performed as part of Phase IA. We will perform one site visit to document
site conditions. As part of this site visif, we will estimate the quantity, size (if applicable) and
locations of Invasive plants to be removed and use this information to define the scope of work for
the contractor. We may change the recommended habitat enhancement and restoration actions
based on our understanding of the biological conditions on -site and the potential for successful
restoration. We will only make changes that are permitted within the current project definition.
We will prepare construction drawings and supplemental technical specifications for the habitat
enhancement and restoration components of Phase IA. Construction drawings and specifications
will be prepared for the following project components:
Demolition, invasive Plant Removal and Site Preparation
• Erosion Control
• Planting
Irrigation
We will prepare the construction documents for the following submissions. You will have the
opportunity to review each submission and provide us with written comments. We will review your
comments and incorporate them into the subsequent revision. At your request, we will prepare
additional submissions. Additional submissions are considered extra work and will be billed on a
time and material basis.
100% Draft Completion Set - Drawings and Specifications
100% Final Completion set - Drawings and Specifications
Cost Estimates
We will prepare a detailed estimate of the cost of construction and update in correspondence with
the following submittal. This will allow you to make decisions during the design phase that effect
the cost of your project. The cost estimate that corresponds the final 100% will be intended for use
in comparing and evaluating the bids for construction.
Construction Cost Estimate - 100% Draft Completion Set
Construction Cost Estimate - 100% Final Completion Set
Task. 8: Phase IA Construction Observation
Assistance with Acquisition and Negotiation of Bids for Cohstruction
We will assist you in obtaining, evaluating, and negotiating bids for construction. We will perform
the following services:
• Prepare the final opinion of construction cost
• Provide a list of qualified contractors
• Prepare the invitation letter for the bidders
• Prepare a unified bid form for distribution and use by bidders
Compilation, comparison, and evaluation of the bids
• Assistance in negotiations with a candidate contractor
Construction Observation Services
WRA will provide construction observation services for during the construction phase of the project.
We will perform site visits in order to provide information to the contractor regarding the
interpretation of the contract drawings and specifications. We will also review the contractor's work
to see if It is being performed in accordance with the contract drawings and specifications. During
this phase of the project we will prepare field reports, evaluate and respond to submissions and
requests for information thatwe receive fromthe contractor, and assist in evaluating change orders.
This proposal includes time for field visits and office support. The list below summarized the
scheduled site visits that are included in this scope of work. At your request WRA will extend the
amount of time allocated for office support and perform additional site visits on a time and material
basis. We have experienced thatthe quality of the constructed project increases significantly when
WRA provides construction observation services and our clients have told us that this service
provides significant value to their overall project.
Schedule Meeting and Site Visits during Construction Observation
• (1) Pre -bid Meeting
• (1) Preconstruction Meeting
• (2) Site Visits - Preparation & Demolition
• (1) Site Visits - Seeding & Erosion Control
(2) Site Visits - Irrigation
(4) Site Visits - Planting
• (2) Site Visits - Punch List and Final Walk -thru
• 40 hours of office support (approximately 3 -hours per field visit)
As -built Documentation
We will prepare an as -built report for distribution to the necessary regulatory agencies. We will
quantify the restoration efforts by making field measurements of the area or length of the restoration
elements. The report will include a description of the construction restoration elements,
photographs of the constructed restoration elements, and as -built grading, planting, or irrigation
plans if required. We will also perform baseline inventory of the restoration elements for use in
subsequent restoration performance monitoring.
Task 9: Well Monitoring & Reporting
To fulfill hydrology monitoring requests by resource agencies, WRA will perform periodic site visits
to check on monitoring well function and to retrieve data collected on installed data loggers. Site
visits will occur every two months for an initial six months, and will occur approximately every six
months thereafter for a total of 2 years of monitoring. Travel and car rental expenses are included
in the cost of this task. Each yearwe will prepare a short annual report to summarize data collected
between October 16 of the previous year through October 15 of the current year. Annual reports
will be submitted to the City no later than December 1 of each year
SCHEDULE
Work will begin upon receipt of approval of this proposal. Permits will be submitted to resource
agencies by October1, 2009. Final project planning will proceed with the goal to begin vegetation
management activities in mid- Decerimber, 2009.
Well monitoring will occur within the first week of the following months: November 2009, January
2010, March 2010, November 2010, March 2011, November 2011.
AssUMPTims
The following assumptions were used in the development of this Scope of Work:
• All assumptions in the Big Canyon Creek Restoration Project Phase il: Permitting and Final
Design Services Scope of Work and Estimated Budget (Revised )(October 27, 2007),
Permitting and Design Services ( December 2008) and California Environmental Quality Act
Documentation (December 2008) apply to this change order.
ESTIMATED COST
Estimated costs are subject to change based on specific conditions that arise during the conduct
of this work. The client will be informed if additional fees will be incurred and the reasons for any
such increase. The client will be billed monthly on a time and materials basis for work completed
to date in accordance with the attached Rate Schedule. The proposed budget Is $113,600 and is
detailed in the attached cost estimate.
TERMS AND CONDITIONS
All terms and conditions in the approved contract dated December 10, 2007 wilt apply to this
Change Order.
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Attachment #09 -02.6 (8/10109)
Construction Document Engineering fees indicated on page.1
are based on the following scope criteria:
Scope of Work:
A) Site will require a new SCE service and Metered Service Pedestal for site power.
B) Site will be equipped with future irrigation pumps
C) Site will not be equipped with a PLC / RTU at this time.
D) Site will be equipped with cabinet for future installation of irrigation equipment electrical
power and controls.
I:) Site will not require design of area lighting.
F) No closed circuit surveillance system equipment included in design.
G) No access control and intrusion alarm system equipment included in design.
11) No stand -by generator or manual transfer switch and generator receptacle included in design.
1) No chemical analyzers included in design.
J) No solar powered charging system included in design.
K) Autocadd compatible backgrounds will be provided to W.A.D.E. for adding electrical design.
(background showing existing architectural /mechanical equipment).
Construction Document Engineering fees outline:
A) Station plan to include ($1650):
a) Locate, size, show installation requirements, and coordinate new S.C.E. utility service.
b) Design new SCE service transformer provisions and primary and secondary ducts including
pull boxes for utility service.
c) Locate service pedestal and design service grounding.
A) Show all power conduit feeder routing, sizing, and connections for future irrigation equipment
e) Show all control signal circuit feeder design for future irrigation equipment connections.
B) Station Single Line Diagram ($800)
a) Provide Single line diagram and electrical load calculation.
b) Provide SCE service connection, and station grounding.
c) Identify all conduit and wiring for site.
d) Provide complete conduit and conductor schedule.
e) Provide voltage drop and short circuit calculations as required.
C) Notes, Symbol List, Details, and Elevations. ($700)
a) Provide Service Pedestal and elevations and.installationdetails.
b) Provide SCE equipment connection details as required.
c) Provide construction details as required.
d) Provide construction notes, symbol list, abbreviations, etc.
D) Electrical Construction Specifications - CS) book form ($600).
E) Attend Pre Construction design meeting(s). ( Not Included),
F) District plan check corrections (as required for completion.
Page 2 of 3
Attachment (continued) #09 -026
Construction Administration Engineering fees outline:
Not included in this proposal
Scope of Service — General Conditions:
A) Electrical Specifications to be issued in CSI fommat "Book Form" - printing
RIO binding by others - an MS Word file will be provided by WADE.
B) Construction documents to include all required responses to City plan check
comments and questions, including City recommended revisions as pertaining
to current identified scope of project.
(8110/09)
C) Construction Document Fees includes a Registered CA State Electrical Engineer
stamp and signature of approval.
D) Completed Autocadd Version 14 to 2006 electronic drawing files will be furnished by
WADE to VA Consulting for plorting, printing, and distribution.
E) Autocadd Version 14 or 2004 site piping layouts and background drawing files will be
furnished to WADE by VA Consulting.
F) Important Note:
At the time of issuing this Fee Proposal -W.A. Doby Engineering carries the following
insurance coverages:
$1,000,000/2,000,000 Professional Liability. Msurancc coverage.
$1,000,000 Automotive Insurance coverage.
$1,000,000 Workmen's Compensation coverage.
All work asked to be performed by W:A. Doby Engineering that is not included or outlined
in this fee proposal will be charged at our standard hourly rate based on a time and material.
Standard Hourly Rates for W.A. Doby Engineering Ina:
Site visit
Principal Engineer
Design Engineer
Engineering Inspector
Draftsman
Secretarial
Office
$500.00 per trip (not to exceed 5 hours).
$165.00 per hour.
• $135:00 per hour.
$135.00 per hour.
- $85.00 per hour.
- $46.40 per hour.
- $42.00 per hour.
Page 3 of 3
ima will provide specification of a prefabricated structure for the electronic equipment.
ima will provide Irrigation Design and system calculations for the installation of temporary use
irrigation system(s) to establish approximately 5 acres of planting areas. The areas may be of
three separate uses and may be installed in a phased construction. All work shall be accomplished
simultaneously with indication of construction phase lines.
Pond water qualky equipment and controls arc not included.
Duration of the work as a continuous effort is anticipated to he three months or less between
September and December of 2009.
SCHEDULE I
SCOPE OF WORK
,11VIO Ij t• ui olkv f.V Y a
TASK 1 Meet with the Civil Engineer to receive the information prepared to date for die
development of the facilities. Discuss with VA Staff to gain understandmg of the
specific program, schedule and deliverables to be provided by ima,
TASK 2 Prepare preliminary calculations and pond seepage & evaporation requirements
review with VA Engineers. Prepare Level Control operational functioning
system
TASK 3 Design the equipment andlayout for the water line, and code required equipment
for review with VA Engineers:
TASK 4 Design the system, equipment and layout of the water RO equipment, layout and
enclosure for review with VA Engineers.
TASK 5 Design the automatic water make up system for the fresh water pond.
TASK 6 Design power requirements & RO water discharge requirements.
TASK 7 Automatic irrigation controls shall be arranged for use with electrical source
provided by VA Engineers.
TASK 8 Overhead sprinkler units will be arranged with on -bpde piping and fixed riser
units with a sprinkler spacing appropriate for establishing the seeded areas.
TASK 9 Subterranean systems will be designed as appropriate in lieu of overhead systems.
TASK 10 Tree bubbler systems shall be documented as required for planting establishment.
TASK I I Irrigation and water equipment schedules, details and written specifications shall
be included with design documentation.
TASK 12 Irrigation controller scheduling information shall be provided on plans as required
to configure irrigation scheduling program(s).
TASK 13 Meet with VA Engineers up to three times to review the design and layout
information.
TASK 14 Meet with the Cit1 of Newport Beach up to two times to discuss the design and
layout of the work.
TASK 15 Revise the layoutaud equipment design up to two times to accommodate comments
for the Public Agency.
SCHEDULE2
FEES
BIG CANYON WATER LINE AND
TEMPORARY IRRIGATION SYSTEM
NEWPORT BEACH, CALIFORNIA
LANDSCAPE ARCHITECTURAL SERVICES
August 11, 2009
Fees are hump sum for the services described ahnve. Reimbursable expenses are in addition to the fee
amount.
STAGE I IRRIGATION DESIGN SERVICES FEE:
Water source line design and layout/Equipment Schedule and Details $4,500.00
Irrigation design and layout/Equipmenr Schedule and Details $3,000.00
Fresh water pond automatic make up /RO /Equipment Schedule /Details $6,000.00
TOTAL LUMP SUM FEE
$13,500.00
RELM13 1jZSABT.IR EXPENSES:
Reproductions, CADD plots, mileage, travel costs, shipping expenses are in addition to the fee amount
at cost.
„,f \. 0 D 5'
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VA CONSULTING, INC.
17801 Cartwright Rd.
Irvine, CA 92614
REFERENCE: Big Canyon Restoration Project
Electrical Systems Design
W.A.D.E. JOB # 09-026 VA JOB #
ATTENTION: Mr. Roger Chung, P.E.
Dear Roger:
FEE PROPOSAL
August 10, 2009
The following is a FIXED FEE, Electrical Engineering Fee Proposal for the above referenced project.
See attached "Scope of Work” and "Fee Outline" for services to be rendered.
L CONSTRUCTION DOCUMENTS:
a. Electrical Construction Documents $ 3,150.00
b. Electrical Construction Specifications $ 600.00
c. Printing,.Plotting, Shipping, Handling T&M
SUB—TOTAL $ 3,750.00
2. CONSTRUCTION ADMINISTRATION:
Not Included in scope of service
Sincerely,
Michael L. Milani
President,
W.A. Doby Engineering, Inc.
GRAND TOTAL $ 3,750.00
Pagel of
3272 N. "E" St., Suite E, San Bernardino, California 92405 Telephone (909) 881-4200 Faxslmile (909) 881-4223
ilfur will provide specification of a prefabricated structut e for the electronic equipnlent.
rata, will provide Irrigation Design and system calculations for the installation of temporary use
irrigation system(s) to establish approximately 5 acres of planting areas. The areas may be of
three separate uses and may be installed in a phased construction. All work shall be accomplished
simultaneously with indication of cons tructioil phase lines.
Pond water quality! equipment ,and controls :ire nor included.
Duration of the work as a continuous effort- is anticipated to be three months or less between
September and December of 2009.
SCHEDULE 1
SCOPE OF WORIC
RVAIRNI 82 11914NIATI 1 MON:11th •
TASK 1 Meet with the Civil Engineer to receive the .information prepared to date for the
development of the facilities. Discuss with VA Staff to gain understanding of the
specific program, schedule and deliverables to be provided by initt.
TASK Z Prepare preliminary calculations and pond seepage & evaporation requirements
review with VA Engineers, Prepare. Level Control operational functioning
system
"TASK 3 Design the equipment and layout for the water Iine, and code required equipment
for review with VA Engineers.
TASK 4 Design the system, equipment and layout of the water RO equipment, layout and
enclosure for review with VA. Engineers.
TASK, 5 Design the automatic water male up system for the fresh water pond.
TASK 6 Design power- requirements & .RO water discharge requirements.
TASK 7 Automatic irrigation controls shall be arranged for use with electrical source
provided by VA Engineers.
`TASK 8 Overhead sprinlder units will be arranged with on -grade piping and fixed riser
units with a sprinkler spacing appropriate for establishing the seeded areas.
TASK 9 Subterranean systen;s will be designed as appropriate in lieu of overhead systems.
TASK 10 'Ree bubbler systems shall be documented as required for planting establishment.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
October 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3311 or rstein - newportbeachca.00v
SUBJECT: BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
WITH VA CONSULTING, INC.
RECOMMENDATIONS:
1. Approve Amendment No. 2 to Professional Services Agreement with VA Consulting,
Inc., of Irvine, California, for design and permit application services at a contract price
of $85,790 and authorize the Mayor and City Clerk to execute the Agreement.
2. Approve a Budget Amendment transferring $85,790 from Account No. 7014 -
05002001 to Account No. 7014- C5100709.
3. Approve staffs recommendation to stop work on current project and work with the
Regulatory Agencies and our consultant team to re -scope the project into a much
more modest plan for restoring disturbed area in the canyon, removing invasive
species, and pursuing various means to reduce selenium concentrations entering
the canyon to below 13 ppb to meet RWQCB TMDL requirements.
BACKGROUND:
The restoration project as originally conceived in 2002 was very modest. It originally
involved upgrading the existing parking area, removing some invasive plants, replanting
lower quality habitat areas with native species, and improving the trail system. Over the
past five years, the project design evolved to address a number of issues in the canyon.
In 2004, a canyon restoration plan was developed that proposed dredging at the mouth
of Big Canyon to re- establish the historical tidal influence into the canyon. This
proposed change entailed changing the restoration design to relocate Back Bay Drive
around the recreated mouth of the canyon and creating a new freshwater marsh further
upstream in the canyon. Additional parking, restroom facilities, covered outdoor seating
area, educational signage and habitat interpretive areas were added.
Big Canyon Creek Restoration — Approval of Amendment 2 to Professional Services Agreement with VA Consulting, Inc.
October 13, 2009
Page 2
In 2008, high concentrations of selenium were found within Big Canyon Creek. The high
selenium concentrations were found in the water column, sediments, and animal tissue
with especially high concentrations discovered in the existing freshwater marsh located
just upstream of Back Bay Drive. The high concentrations in the freshwater marsh were
suspected by the Regional Water Quality Control Board (RWQCB) to occur because of
the stagnant conditions in the marsh. As the proposed upstream freshwater marsh
would create similar conditions for creating and accumulating high selenium
concentrations, the proposed project design was further reviewed. After consultation
with the resource agencies, a solution was proposed to revise the plan to construct a
new freshwater pond offline from the creek. This freshwater pond would need to be
filled with a source of water not contaminated with selenium. Staff suggestion to use
reclaimed water was rejected by the RWQCB. The idea of using groundwater was also
eliminated based on testing which found selenium in the groundwater. With these
options eliminated, only potable water was left as a candidate. This option is the most
expensive and also requires the removal of chloramines from the potable water.
The recent requirements for a new, off -line pond as well as the use of potable water
prompted high level discussions among City staff on the overall viability of the project.
The decision to continue to move ahead was in part based on the availability of outside
funding for construction of a restoration project in the canyon with $1.5 million from The
Irvine Company and a promise of $2.5 million from the Wildlife Conservation Board.
With the preparation of the construction documents nearing completion, new issues
and questions have now been raised by the regulatory agencies on the project's
protection measures for a very rare plant that grows in the mudflats called the Salt
Marsh Bird's Beak (Bird's Beak), the largest remaining colony being located near the
mouth of Big Canyon. This very rare and endangered plant species requires a briny
water mixture of bay water and freshwater marsh water to survive. While the restoration
plan can be modified to leave the embankments of the existing Back Bay Road in place
in order to protect the environment of the Bird's Beak, in the past two months, the
resource agencies have also asked for more pre- construction surveys and monitoring of
the mudflat areas around the Bird's Beak (as well as canyon habitat as a whole). The
resource agencies have also proposed extensive monitoring conditions during
construction activities that would be reviewed by the resource agencies for evidence of
habitat impacts to the Bird's Beak. That review could conceivably require modification
of the project design mid - construction with the potential for delay or increased
construction costs. Additionally, the resource agencies have requested post -
construction monitoring and documenting of the Bird's Beak and other habitat changes
over the next five years where plant growth targets would have to be met. Costs for the
monitoring and assessments alone will likely exceed $250,000.
With the cost estimate to construct the project as requested approaching $8 million,
and only $4 million of construction funding identified so far, staff is questioning the
viability of the project. The project has evolved past the original vision and cost, as well
as the expertise of City staff and would now require hiring biologists, groundwater
hydrologists, and water quality specialists from the private sector to continue the effort.
Big Canyon Creek Restoration — Approval of Amendment 2 to Professional Services Agreement with VA Consulting, Inc.
October 13, 2009
Page 3
And while the City and its consultants have been in close contact with the resource
agencies over the course of planning and designing of this restoration project since its
inception, resource agencies have not committed to issuing all required permits until
well into this rainy season.
Taking a step back and re- looking at this project, most of the project concerns center on
the existing freshwater marsh (shown in the attached figure). This marsh is almost
entirely within California Department of Fish and Game (DFG) property. This marsh was
a mitigation site so it cannot be removed without providing an alternate mitigation site.
DFG has indicated that pond turtles exist in the marsh; however, the last time a turtle
was sighted is unknown. The marsh is also the location of some of the highest selenium
concentrations within the whole 154 square mile Newport Bay Watershed. The marsh
also provides freshwater for the Salt Marsh Bird's Beak located on the mudflats west of
Back Bay Road. DFG, U.S. Fish and Wildlife Service and the California Coastal
Commission have now taken a very keen interest in ensuring that the
freshwater /saltwater balance required by the Bird's Beak is not upset.
The ramifications of relocating or modifying the freshwater marsh were not recognized
five years ago. In light of all the developing information and corresponding mitigation,
monitoring and cost, staff has determined that a fresh approach to restoration activities
in the canyon is warranted. As a first step, the City has requested that its permit
applications to the resource agencies be withdrawn. Staff has also directed our
consultants to hold off on any remaining design work. At this juncture, the following
tasks are suggested.
1. As there is funding earmarked from The Irvine Company litigation settlement for
constructing a restoration project, our consultants can work with the existing
drawings and information to fashion a modest vegetation maintenance plan for
restoring disturbed area in the canyon adjacent to Jamboree Road. The project
would be structured so that only a permit clearance from the California Coastal
Commission would be required. The project could potentially kick off this
January. Construction cost for this project would be approximately $300,000.
2. The City will meet with the resource agencies next month to work out alternatives
for restoring the canyon, especially for addressing the selenium issue. The City
would propose addressing the upstream over - irrigation practices by possibly
constructing an inline, below -grade filter to reduce selenium concentrations
entering the canyon to below 13 ppb (currently at about 50 ppb) to meet
RWQCB TMDL requirements.
3. As DFG owns the marsh, the City would look to DFG staff to take the lead on
how to deal with all the issues related to its marsh especially with regard to the
selenium contamination. DFG biological and ecological experts are in a better
position than the City to assess how the marsh can be modified to reduce
selenium problems without disturbing biological resources like the Bird's Beak.
Additionally, DFG could work with the biologists from the other resource agency
Big Canyon Creek Restoration — Approval of Amendment 2 to Professional Services Agreement with VA Consulting, Inc.
October 13, 2009
Page 4
in fashioning a cost effective monitoring program using resource agency
expertise.
CONSULTANT COSTS
VA Consulting (VA) submitted a change order request on July 16, 2009 to perform new
tasks to address the flurry of regulatory and design issues that would need to be
resolved before the targeted advertisement date of September 9, 2009. City staff
requested the consultant to continue moving forward with key tasks in parallel with the
processing of the change order request for Council consideration in order to meet our
construction window. As the deadline for advertising the project approached, the
change order request was modified twice in light of changing project requirements.
These changes repeatedly delayed bringing the change order to Council. As a result of
a lot of last minute maneuvering, staff now finds itself having to request funds to
reimburse VA for extra tasks that have now been completed. These tasks include:
• Conducting coordination meetings and conference calls with the resource
agencies.
• Preparing an operations and maintenance plan describing long term
maintenance procedures to protect sensitive habitats as a permit condition by
the Army Corps of Engineers.
• Preparing additional figures to show more detail for all habitat creation resulting
from this project as a permit condition by the Department of Fish and Game.
• Revising the mitigated negative declaration per comments of the resource
agencies.
• Repackaging the project into Phase 1 and Phase 2 tasks as a permit condition
by the California Coastal Commission such that Phase 1 tasks are focused on
establishing the freshwater pond and constructing OCSD facilities.
• Preparing a biological monitoring plan.
• Assessing if groundwater could be used for filling the proposed freshwater pond.
• Preparing a California Endangered Species Act Incidental Take Permit for the
Salt Marsh Bird's Beak.
• Installing groundwater monitoring wells (a condition for protecting the Salt Marsh
Bird's Beak).
• Modifying drawings and specifications to include a water supply line and
temporary irrigation system (including power for the automatic fill device and
irrigation controller) to the freshwater pond.
• Modifying the freshwater pond configuration to accommodate new habitat
mitigation requirements as a permit condition by the Department of Fish and
Game.
• Modifying the selenium treatment subterranean wetland as recommended by the
Regional Water Resource Control Board.
The fee for these and other additional tasks (see Attachment A) to be covered under
the second amendment to the contract is $85,790. The original contract compensation
was $435,159 (66% from non -City funds) and the fee for the 18t amendment was
Big Canyon Creek Restoration — Approval of Amendment 2 to Professional Services Agreement with VA Consulting, Inc.
October 13, 2009
Page 5
$289,925 (100% from non -City funds). This 2nd amendment will bring VA's contract and
the Big Canyon Creek Restoration Project to closure.
Funding Availability:
With approval of the budget amendment, funding is available from the following
account.
Account Description Account Number Amount
General Fund 7014- C5100709 $85,790.00
Prepared by:
Robert Stein
Assistant City Engineer
Total: $85,790.00
Submitted bv:
Attachments: PSA with VA Consulting, Inc.
Amendment 2 Scope of Services prepared by VA Consulting, Inc.
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC. FOR
BIG CANYON CREEK RESTORATION
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of ' 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VA CONSULTING;
INC., a California Corporation whose address is 17801 Cartwright Road, Irvine,
California, 92614 ( "CONSULTANT'), and is made with reference to the following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for engineering
design services for the Big Canyon creek Restoration Project, hereinafter
referred to as "PROJECT."
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated January 27, 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT, to extend the
term of the AGREEMENT to December 31, 2010 and to increase the total
compensation
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO" as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
��Wyj 1i 11 CC �F im
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. TWO, including but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit 1 and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eight
Hundred Ten Thousand, Eight Hundred Seventy -Four Dollars and no /100
($810,874.00) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. TWO, including all reimbursable items and
subconsultant foes, in a ;cu::, r c: to ==11 Eighty-Five Thousand,
Seven Hundred Ninety Dollars and no /100 ($85,790.00), without prior
written authorization from City.
4. INTEGRATED CONTRACT
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.
K
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
A
By:
D_ Oefucoamp,
Assistant City Afttrney
ATTEST:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Z
Edward D. Selich,
Mayor
CONSULTANT:
VA CONSULTING, INC.
M
Max P. Vahid,
President and C.E.O.
Michael S. Carter,
Secretary and C.F.O.
Attachment: Exhibit 1 — Additional Services to be Performed
3
VAI
CONSIJUI.NG
September 10, 2009
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newpori Boulevard
Newport Beach, CA 92663 -3884
Dear Mr. Reader:
This letter is a change order request for additional engineering design services related to the Big
Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December
11, 2007). This change order supersedes our previous letter dated August 31, 2009.
These additional services include on -call services that were not included in the original scope of
work or Addendum 1 for the final design of the project. The services provided include
excavation of a boring hole to provide access to groundwater for sampling and analysis,
revisions to the Operations and Maintenance Plan to include procedures required to avoid
impacts to biologically sensitive habitats, additional services required for permit and
environmental document processing, and dividing the project plans into two phases to meet
Coastal Commission requirements.
A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a
breakdown of VA's hours and tasks is included as Attachment A. We will provide our services
on a time - and - materials, not -to- exceed basis in accordance with the attached fee schedule
(Exhibit A).
SCOPE OF SERVICES
Boring Holes Excavation
Geosoils, Inc. drilled a hand auger boring hole adjacent to the access road along
the northerly slopes of Big Canyon, in the vicinity of the existing spillway to
provide Cl access to groundwater. Because this operation was
successful, the Geosoils fee is $500 and further drilling with a drill rig for
groundwater sampling is not required. The proposal from Geosoils is included
with this letter as Attachment B.
VA Consulting, Inc.
Corporate Office
Orange County Division
6400 Oak Canyon, Suite 150
Irvine. CA 92619
Phone 949.474.1400
Fax 949.261.9482
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Mr. Mark Reader, P.E.
Big. Canyon Creek Restoration
September 10, 2009
Page 2 of 7
2. Update Environmental Documents and Permits Applications
Resource agencies requested additional information. and revisions to the
environmental documents and permits beyond the original project scope and
Addendum 1. In response to these requests, WRA provided additional figures
showing greater detail regarding habitat impacts and creation. WRA provided an
Alternatives Analysis, project impact analysis, Biological Monitoring Plan, and
additional Salt Marsh Bird's Beak information to the resource agencies. WRA
reviewed the project Operations and Maintenance Plan and provided text which
dv.SCr4t the f�iig -t6n�: n�a to i�.. prou,dl:res CegilI I t0 a'JGId IRipaia5 t0
sensitive habitats, including wildlife and vegetation. Per the request of CDFG
and the Coastal Commission, WRA installed 5 groundwater monitoring wells with
piezometers and data loggers at each well location to measure water level;
conductivity and temperature at 30- minute intervals. The total WRA fee for
this task is $4,273. The proposal from WRA is included with this letter as
Attachment C.
VA incorporated the language provided by WRA to address biologically sensitive
resources in Big Canyon into the Operations and Maintenance Plan for use in
obtaining regulatory permits. VA provided peer review of the additional language:
for project compatibility and incorporated the language into the Operations and
Maintenance Plan text. The total VA fee for this task is $3,092.
VA purchased the data loggers and provided them to. WRA for installation
at each groundwater monitoring well location. The total. VA cost. for this
item is .$8,475.
3. Project Coordination and Meetings.(WRA)
Additional. project coordination and stakeholder meetings for design review and
permit approval was conducted after permit application materials were.
formally submitted. This scope of work provides for the additional conference
calls, meeting preparations, and project management time. The total' WRA
fee for this task is $2,500. The proposal from WRA is included with this letter as
Attachment C..
4. Electrical Systems Design
The temporary irrigation systems needed for the establishment of proposed
tidal and restoration planting will require a power source in lieu of solar
power, as originally proposed to the City. W.A. Dotty Engineering, Inc. has
provided a station plan, station single. line diagram, Service Pedestal
elevations and installation details, SGE equipment connection detail's,
construction details, and electrical. construction specifications. The total
W.A. Doby fee—for this task is $3,750. The proposal. from W.A. Doby is
included as Attachment Q.
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Mr, Mark Reader, P.E.
Big Canyon Creek Restoration
September 10, 2009
Page 3 of 7
5. Temporary Irrigation Water Line
The temporary irrigation of restoration planting will require a potable water
source. IMA prepared the design and layout of a pressure mainline and
backtlow preventer from the hot tap point of connection at an existing
potable water source, along the proposed sewer maintenance road to the
proposed freshwater pond. The IMA cost for this task is $4,500. The
proposal from IMA is included as Appendix E.
G. Project Coordination and Meetings (Ron Yeo)
Additional project coordination and meetings were required to address City
comments on the Project plans. This task provides for coordination and meeting
time required for Ron Yee (architect) to complete the architectural aspects of the
Project. The total Ron Yee fee for this task is $1,200.
Construction Phasing
The City requested that the Project Plans be divided into two separate plan sets,
one for each Phase of construction, in order to satisfy the California Coastal
Commission request that the proposed freshwater pond be established before
construction in the existing freshwater marsh takes place. At the time Addendum
1 was written, the proposed freshwater pond was at a conceptual level, with no
elevation studies or grading design completed. The additional cost of providing
two separate plans sets was not included in the original contract, nor was it
includedfn.Addendum 1.
In order to create two complete but separate construction phases, two unique
grading plans were developed,, each providing flood control protection of the
proposed freshwater pond. The Phase 1 grading base was developed with the
original base file and modified to include a staging area in the vicinity of the
proposed interpretive area, the proposed freshwater pond, and the proposed
sewer maintenance road. Grading for the staging area was developed using: the
proposed interpretive area roadway and modified to balance the Phase 1 site
with regards to out and fill quantities. An iterative approach was required to
arrive at a final Phase '1 project that was balanced. As such, the grading for the
staging area was refined three times in order to balance the site,
The proposed flood control conveyance grading will impact the. existing
freshwater marsh, therefore the flood control conveyance could not be part of the
Phase 1 plans. The flood control. conveyance contours were deleted from the
Phase t basefile and the contours along the berm between the. proposed flood
control conveyance and proposed freshwater pond were revised to allow Big
Canyon Creek to continue to flow to the existing freshwater marsh after Phase 1
construction is completed. In order to ensure that storm water would not damage
the new freshwater pond during a major storm event, a Phase 1 hydraulic
analysis was conducted. Grading along the northerly trail of the proposed
freshwater pond was adjusted to ensure that 100 -year storm flows would not
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Mr. Mark Reader, P.E.
Big, Canyon Creek Restoration
septemper 10, 2009
Page 4 of 7
overtop the berm and damage the pond based on the results of the Phase f
hydraulic analysis.
The Phase 2 grading base was developed with the original base fife and modified
to include the proposed tidal marsh, proposed Back Bay Drive realignment,
proposed interpretive area, proposed freshwater marsh, and proposed flood
control conveyance. Contours in the vicinity of the Phase t staging area and
along the berm between the proposed freshwater marsh and proposed flood
control conveyance were revised for continuity between the two phases. A
Phase 2 hydraulic: analysis was conducted to ensure that 100 -year storm water
;lows would not emel the freshv�atoi pond during a 100 -rear stone cvcnt and
that storm water flows would be non - erosive in the proposed flood control
conveyance.
In order to provide plans that could be used separately for each phase of
construction, two additional rough grading plan sheets were created and each of
the remaining six rough grading plan sheets were significantly revised. Two
additional cross- sections and detail sheets were created to clarify each phase of
the grading plan. Creating a new rough grading sheet required setting up
vfewports in paperspare that were consistent with the index map, updating title
block information, adding the appropriate constructions notes to the construction
motes list, labeling construction items with the appropriate construction note
numbers, adding a curve and line data table, labeling curves and lines the with
appropriate label;. addition of annotations, adding typical section notation, and
formatting line weights, line types, and line type scales. Revisions to. the rough
gradirig.sheets included changesto the construction notes and labels, revisions
to the annotations; revisions to typical section notation, and revisions to
yfewports:to be consistent with the index 'map. Creating a new cross- section and
detail sheet requires drafting the sections and details, annotating the sections
and details; referencing in the appropriate files into the sheet, creating viewports
to show the sections and details and the appropriate. scale, and formatting line
weights, line types, and line type scales;
Each phase of construction requires a separate erosion control plan; therefore
three additional erosion: control'p.lan sheets .were developed. Creating 'a new
erosion control sheet required setting up viewports in paperspace, updating title
block information, adding erosion control features, adding erosion control notes,
construction notes, and details as required, and formatting line weights, line
types, and line type scales.
The invasive species removal plan had to be divided into two separate plans
corresponding to each construction Phase; therefore two additional invasive
species removal plan sheets were created. Creating the additional invasive .
species removal sheets required updating'titie block information, updating legend
information, 'and updating invasive species removal phase hatching to be,
consistent with project phasing.
The. restoration planting plan :had to be divided into two separate plans
corresponding to each phase of construction; therefore two restoration plans had
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INr. Mark Reader, P.E.
Big Canyon Creek Restoration
September 1.0, 2009
Page ri of 7
to be developed and six additional planting plan sheets were created. The
Phase 1 Restoration Plan was developed to Include planting in areas that would
experience invasive species removals prior to the construction of Phase 1 and
areas that would be graded as part of Phase 1 construction. The Phase 2
Restoration Plan was developed to include planting in areas that would
experience invasive species removals prior fio the construction of Phase 2 and
areas that would be graded as, part of Phase .2 construction. Development of the
Phase 1 and Phase 2 Restoration Plans required changes to the planting plan
base file, specifically revising the polygons for the different habitat types.
Revisions to the planting plant sheets included revising viewports to be
( Conslsfrenr with the index mop and undatii- reference flies- Additionpi mOsion�
include plan check comments from the City that require duplicating planting
information from the project specifications on each of the planting plan sheets.
Dividing the project plans into two separate plan sets required revisions to three
AUfoCAD base files and the addition of 15 sheets to the Project Plans. This task
also includes revisions to the freshwater pond configuration after the revised
grading design was completed to accommodate requests for mitigation site
avoidance made by California Department of Fish and Game. The original pond
size/acreage was established to provide a 1:1 freshwater habitat replacement.
This task also provides for the time spent by VA staff to divide the project
specifications into two phases; per the request of the City. The total VA fee for
this task is $34,000.
8. Structural Submittal
The City requested that the structural sheets from the Project. Plans be submitted
to the Building and Safety Department as a separate submittal from the entire
Project Plan set. One title sheet and one index. map was created for each Phase
of .construction for a, total of 4 additional plan sheets., In addition, the Phase 2
plan submittal was divided into two plans sets: one for Public Works Department
Components and one for Building and 'Safety Department Components. Top
Public Works Department Components Plans include Rough Grading Plans,
Street Improvement Plans, Quad Box Structural Plans, Erosion Control Plans,
Invasive Species Removal Plans, Restoration Planting Plans, Wetland Planting
Plans, and Interpretive Signage. Plans. The Building and Safety Department
Components Plans include the .Precise Grading Plans„ Architectural Plans, and
Miscellaneous Structures Plans. Revisionsi were required on a total of 20 sheets
in order to create the separate plan set for Building Department; Review. The
Hydraulic and Structural Calculation Package (Phase 1 and 2) was also revised
in order to create a. separate structural calculations package for Building arid
Safety Department Review. Revisions to 10 pages of the calculations and the
creation of one new title sheet were required. The VA fee. for this task is $9,000.
9. Subterranean Wetland Deletion
As part of Addendum
subterranean wetland
selenium. During a
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1,. VA provided engineering design activities to include a
in the .construction plans as a treatment facility for
telephone conference call., the Regional Water Quality
-'.l F„". .7 A "V,
Mr. -Mark Reader, P.E.
Big Canyon Greek Restoration
September t0; 2008
Wage 6 of 7
Control Board expressed concerns that subterranean wetlands have not been
tested for treatment of selenium, and may worsen the condition in Big Canyon,
The Citv decided that the subterranean wetland would be deleted from the
project plans to be included as a later Phase or a future pilot project. Additional
engineering design and grading was required to ensure that low flows from the
Jamboree culvert would drain to the existing Big Canyon Creek without the
subterranean wetland. Revisions to the restoration planting plan were required
to provide planting in the location of the deleted subterranean wetland. The
rough grading plan sheet depicting the subterranean wetland was revised to
properly annotate the revised project configuration. An additional cross - section
was added to the ,erti2: s ar.ri detaDs h ^et fn clarity the revised grading at the
location of the deleted subterranean wetland Revisions to two base files and
two plan sheets were required to eliminate the subterranean wetland. The total
VA fee for this task is $2,000.
10. Past Resource Agency Meetings and Coordination
The original contact and Addendum 1 funds for meetings and coordination were
depleted in May of 2009. This task provides for VA participation in 8 resource
agency meetings and 20 hrs of coordination time required for the approval of the
environmental documents and permits that have occurred between May of 2009
and the present. This task also includes meeting and coordination time required
to initiate the electrical and water supply line design tasks. Meetings and
coordination relating to project design are not a part of this task. The total VA
cost for this task is $8,583.
11. Future Meetings and Coordination
This task provides for future meetings, coordination;. and information requests by
the City for the Phase '1"B and Phase 2 portions of the Project. This task provides
for 24 additional hours of meeting and coordination time. The total VA cost for
this .task is $3,912,
II. FEES
1. Boring Holes Excavation.........,....... ............. ...........
... a................. .,.,..._....,.$ 500
2. Update Environmental Documents and Permit Applications ......................$ 151840
3. Project Coordination and Meetings ( WRA) ........ ........ ...........:.................$ 2,500
4. Electrical System Design. .... t_ .... _ ........ ....... ............. .............. ...... ........ $ 3,750
5, Temporary Irrigation Water Line,...... ......................... ..........._..................$ 4,500
6. Project Coordination and Meetings (Roil Yeo) ............. ........................i....:$ 1,200
7, Construction Phasing ........... .........................::..:...... ..............................$ 34;000
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Mr. Mark neader. E
Big Canyon Greek Restoration
September 10, 2009
Page 7 of 7
8. Structural Suhrnit\8. ........... ...... —.................. ....... —...... ..... ...... 91000
9. Subterranean Wetland Deletion ........................ . 2`00$
70� Past Resource Agency Coordination ......... ....................... .--- .... ..—.—$ 0,588
11, Future Meetings and Coordination ......... .......... ... ^^ ................. —.... ... $ 3.912
TOTALFEES ......... ....... . ................... ....... ~ ............ ................ ................. ... * 85,730
If yo" have any questions or require uddki^ou| iA|Unnahoo, please feel free to 000kani Uuo
Vi|hoesormoa/(949)474'14O8or John Wolter at(8S\)34O-0O80`
Sincerely.
Max P.Vuhid,P£
President and CEO
MPV/1(am
Enclosure— Exhibit A—\/A Fee Schedule/ Attachments & through E;
cc: Dan Villines, John Wolter, Contracts
EXHIBIT A
VA CONSULTING, INC.
FEE SCHEDULE
staft Classification
1. Wil EtIgineering and Planning Services
President...... ..................................... ....... ...... ~...............
Division President/Division Manager ......... ........ --..... -'-
Sr. Vice President/Vice President/ Exec. Director . .....
.-..�
Director.......................... ....... -....... ,^-.-'''--^ ... -',~
Senior Project ^ ...... ........ . ................ .......................
Project Mannger,..-.-...--,----`'--^`^~~---�
Assistant Project Manager ............. ^ ........ ....... .............. ........
Senior Project Eng-trieer/Senlor Design Supervisor/Senior Planne
Project
Senior Design Engineer/Senior Designer ........... .......... , ...... .....
Design Engineer/Planner ................... ...................... ...................
wcs. ... . ................... .................. .... . ...... .~~^'^'-'^....
Assistant. Engineer/Assistant Planner ............. ......... ...................
.`e,nn.ww.".�v~vo""/ov°''."n""�"^`'`~~~~-^^-`-`^~
Senior CA0DTkhnitiao ............. ............................ .............
.~�
Junior ~~--.r~.^^....~`-~,^^-'~-^'^
CAW Technician ........ '...............................................................
�
E.`.^~.~. .....................................
off",==pp".�qe^"^x^+!;�!... ^~.°^-.~^~~^^—`'^�
Field Survev and Mapping Services
1-&08nGPS.Chew.^ ...... .... ...... ......... ,..,,,^'.,. ......... ` ........ .'~-~~.~°°.—~~........
Special Services
Litigation `~^^`~^''^~`^^"^"^`^^`''`.°'�^^~—^'--^'—~~~-,~...-~........ $450
Notes:
1- ,rv�a/m*°a|bupri3geV lot all umnicw^ through the end of each calendar Month. |nmolm are ghd .
2. Overtime, e U�!4u�hu9�d p^a��o�13��«dme��d�dh6harT�tm�oyou�wa�mu�u*s
wWbeoonba0*$'a| nnuo n,17A of. oestmndao/ hourly rates.
o. ||b ���Ou,
4. In-house repruttraphim rhavnes.:4W.00nu"upIv�$1.mvsq-fL8n0/oWm $80N0t,
4. mildsoa Will be Wed at slandaid Milear felzE; W.by IRS. ZWO fates curWRIV listed el $0 65 per Milb-
-- - -' - '
ATiAENMEtR.A
Cky gMewP?��Seseh
Ei0 Cepen Leek ReetaeXOePre{ed'
E9TICiFTEO FEES4PJ PEMES.
%rT- f4eIiM -6-r -8
3812 E. La Palma Avenue - Anaheim, CA 92807 • (714) 632 -0151 ^ FAX (714) 632 -0745
May 15, 2009
VA Consulting, Inc.
17801 Cartwright Road
Irvine. Califomin 92814
Attention: Mr. Dan Viilines
W.0,5595 -A1 -OC
Subject: Change Order Request No. 2, Big. Canyon Creek Restoration, Upper Newport
Bay, Newport Beach, Orange County, California
Dear Mr. Villines:
GSI respectfully requests a change order to the contract for geotechnical services
addressing the Big Canyon Creek Restoration, Upper Newport Bay, Newport Beach, Orange
County, California. This change order was created in response to your recent request by for
groundwater sampling at the site. It should be noted however, that the actual sampling will
be performed by others. GSI'will be responsible for excavating the boring holes only.
Two methods of drilling are provided as options in this change order.. The first option
includes four (4) hours for a geologist with a 'hand' auger and is estimated to be
approximately $500. This option would 'provide one (1) hand auger.boring, up to 15 feet in
depth, or until groundwater is encountered. The: second option includes four (4) hours with
a hollow stem drill rig as well as a- supportl:ng geologistand:is estimated at $1,400.00. This,
option is provided in case the first option is not successful, due to refusal or excessive depth
to groundwater.
The:opportunity to. be of:service is sincerely appreoiated. If you should have any questions,
please do not hesitate to contact our office.
Respectfully submitted,
GeoSoils, Inc.
Shaun Wi kins
Project Geologist
SHW /BBS /jh
Distribution: (2) Addressee
inn Shahrvini f
Vice President, GE 2296
€nth @UN M'E.N iti. CON&(MAIM
Big Canyon Creek Restoration Project Phase II
Permitting and Design Services & California Environmental Quality Act Documentation
VA Consulting Project No. 373.0400
SCOPE OF WORK AND ESTIMATED BUDGET
CHANGE ORDER
Prepared for.
John Wolters
VA Consulting, Inc.
17801 Cartwright Road
Irvine, California 92614
September 9, 2009
PURPOSE
The purpose of this Scope of Work is to describe tasks required to complete for work described in
the December 17, 2008 change orders submitted to VA by WRA ('Permitting and Design Services"
and "California Environmental .Quality Act Documentation").. Due to project changes, phasing, and
agency requests, the scope of work described in the December 2008 change orders expanded and
additional funds are required to compensate for additional work already conducted. by WRA.. This
out -of -scope work focused on providing resource agency personnel with additional project
documentation, project impact analyses. and installation of hydrology. monitoring wells.
This Scope of Work also describes Work to be conducted by WRA, Inc. to assist the City of Newport
Beach in completing Phase IA of the Big Canyon Creek Restoration Project. WRA`s work will focus
on landscaping drawings, specifications and cost estimates; preparation and receipt. of agency,
permits; construction management services to implementthe<Plan; and coordination and meetings
with ageney.and City staff.
Finally, this Scope of Work describes hydrology well monitoring tasks to be conducted by WRA for
a 2 -year monitoring period.
WORK PRODUCTS
Additional funds are required to compensate for unanticipated work- associated with the following
Work products described in the December 17, 2008 change orders:
Permitting and Design Services Change Order
Task 3., Update Environmenfal,Documents and Perm, it Applications
Task 5.: Project Coordination Medtings
WRA will add additional tasks to the December IT,`2008 Permitting and Design Services Change
Order'and will .provide thefollowing work product:
21 59mG Frat Fiandsco @lyd., San Rgloe, CA 94901 (41'5) 454 -88US lei (4 15, 454 -0129 tax irkftm- ca.com WwW:W(fl-" :Ce1i1
Task 6: Phase lA Construction Documents
Task 7: Phase 1A Permit Applications
Task 8: Phase )A Construction Observation
Task 9: Well Monitoring & Reporting
SCOPE OF WORK
Permitting and Design Services Change Order
Task 3: Update Environmental Documents and Permit Applications
Edits and additions to permit documents beyond the scope of the December 2008 change order
were required before final submittal to resource agencies. WRA incorporated agency and
stakeholder comments into permit application materials ana generated additional figures to show
more details of all habitat impacts and creation as a result of Project. Additional Project
documentation was required to satisfy resource agency information requests after permit submittal,
including an Alternatives Analysis, project impacts analyses, sections of the Project's Operations
and Management and Biological Monitoring Plans, and coordination of salt marsh bird's beak
information with the agencies. WRA prepared all requested documentation and provided it to the
resource agency personnel for review. WRA coordinated with agency personnel via phone calls
and email with the objective of formal permit approval.
WRA performed background research, obtained an access permit to California Department of Fish
and Game (DFG) lands adjacent to the project boundary, and installed 5 monitoring wells as
requested by the California Coastal Commission and DFG.
Task 5: Project Coordination and Meetings
Additional project coordination and stakeholder meetings:fordesign review and.permit approval was
conducted after permit application .materials were formally submitted. WRA will provide a project
summary and,as.semble. Phase IS and Phase I] materials for the City's records. This scope of work
provides for additional meetings attended by W RA staff via conference call,; and provides for
preparation and, follow -up time for each meeting for work related to.Phase IA implementation.
Task 6: Phase IA Permit Applications
WRA will work with the City to develop a vegetation management plan to implement Phase. IA of
the Big Canyon Creek Restoration Project and that optimizes weed removal and native• plant
restoration while avoiding major resource.ageney permits. WRA will prepare materials to apply for
and gain receipt of resource agency permits for Phase IA. We will coordinate with resource agency
personnel via phone calls and emails to secure receipt of permits.
Task 7 : Phase IA Construction. Documents & Cost Estimates
Construction Documents
We will review existing.plans and documents thatclescribe the habitat enhancementand restoration
components that will be: - -pert. ormed:as part of Phase IA,: We will perform onesite visit to document
site conditions. As part. of this site visit, .We .will estimate the, quahtlry; we (if applicable) And
locations of invasive plants to beremoved and use this information to define the scope of work for
the.contractor. We may change the recommended habitat enhancement and restoration actions
based on our understanding' of the biological conditions on= site'and the potential for successful
restoration. We will only make changes that are permitted within the current project.definftion.
We will prepare construction drawings and supplemental technical specifications for the habitat
enhancement and restoration components of Phase IA. Construction drawings and specifications
will be prepared for the following project components:
Demolition, Invasive Plant Removal and Site Preparation
Erosion Control
Planting
Irrigation
We will prepare the construction documents for the following submissions. You will have the
opportunity to review each submission and provide us with written comments. We will review your
comments and incorporate them into the subsequent revision. At your request, we will prepare
additional submissions. Additional submissions are considered extra work and will be billed on a
time and material basis.
100% Draft Completion Set - Drawings and Specifications
100% Final Completion set - Drawings and Specifications
Cost Estimates
We will prepare a detailed estimate of the cost of construction and update in correspondence with
the following submittal. This will allow you to make decisions during the design phase that effect
the cost of your project. The cost estimate that corresponds the final 100% will be intended for use
in comparing and evaluating the bids for construction.
Construction Cost Estimate - 100% Draft Completion Set
Construction Cost Estimate - 100% Final Completion Set
Task 8: Phase lA Construction Observation
Assistance with Acquisition and Negotiation of Bids for Construction
We will assist you in obtaining, evaluating, and negotiating bids for construction. We will perform
the following services
Prepare the.final opinion of construction cost
Provide a list of qualified contractors
• Prepare the invitation letter for the bidders
Prepare a unified, bid form for. distribution and use by bidders
• Compilation, comparison, and evaluation of the bids
Assistance in negotiations with a. candidate contractor
Construction Observation Services
WRA will provide construction observation services for during the construction phase of the project,
We will perform site visits in order to provide information to the contractor regarding the
interpretation of the contract drawings and specifications. We Will: also review the contractors worts
to see if it is being performed in accordance with the contract drawings: and specifications. During
this phase of the project we will prepare field reports, evaluate and'respond to submissions and
requests for information that we receive from the contractor', and assist in evaluating change orders,
This proposal includes time for field visits and office support. The list below summarized the
scheduled site visits that are included. in this scope of work. At your request WRA will extend the
amount of time allocated for office support and perform additional :site visits on a time and material
basis. We have experienced thatthe quality of the constructed project increases significantly when
WRA provides construction observation services and our clients have told us that this service
provides significant value to their overall project.
Schedule Meeting and Site Visits during Construction Observation
(1) Pre -bid Meeting
(1) Preconstruction Meeting
(2) Site Visits:- Preparation & Demolition
(1) Site Visits - Seeding & Erosion Control
(2) Site Visits - irrigation
(4) Site Visits - Planting
(2) Site Visits - Punch List and Final Walk -thru
40 hours of office support (approxirnate)y 3 -hours per field visit)
As -built Documentation
We will prepare an as -built report for distribution to the necessary regulatory agencies. We will
quantify the restoration efforts by making field measurements of the area or length ofthe restoration
elements. The report will include a description of the construction restoration elements,
photographs of the constructed restoration elements,. and as -built grading, planting, or irrigation
plans if required. We will also perform baseline inventory of the restoration elements for use in
subsequent restoration performance monitoring.
Task 9: Well Monitoring & Reporting
To fulfill hydrology monitoring requests by resource agencies, WRA will perform, periodic site visits
to check on monitoring well function and to retrieve data collected on installed data loggers. Site
visits will occur every two months for an initial six months, and will occur approximately every six
months thereafter for a total of 2 years of monitoring. Travel and car rental expenses are included
in the cost of this task. Each year we will prepare a short annual report to summarize data collected
between October 16 of the,previous year through October 15 of the current year. Annual reports
will be submitted, to the City no later than December 1 of each year.
SCHEDULE
Work will begin upon receipt of approval of this proposal. Permits will be submitted to resource
agencies by October 1., 2009. Final project planning will proceed with the goal to begin vegetation
management activities in mid - December, 2009.
Well monitoring will occur within the first week of the following months: November 2009, January
2010, March 2010, November 2010, March 2011, November 2011.
ASSUMPTIONS
The following assumptions were used in the development of this Scope of'Work:
All assumptions in the Big Canyon Creek Restoration Project Phase It: Permitting and Final
Design Services Scope of Work and Estimated. Budget (Revised)(October 27, '2007.),
Permittingand Design Services (December 2008) and California Environmental Quality Act
Documentation (December 2008) apply to this change order.
ESTIMATED COST
Estimated costs are subject to. change based on specific conditions that arise during the conduct
of this work. The client will be.informed if additional fees will be incurred and the reasons for any
such increase. The client will. be billed monthly on a time and materials basis for work completed
to date in accordance with the attached Rate Schedule. The proposed budget is $113,600 and is
detailed in the attached cost estimate.
TERMS AND CONDITIONS
All terms and conditions in the approved contract dated December 10, 2007 will apply to this
Change Order.
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VA CONSULTING, INC.
17801 Cartwright Rd.
Irvine, CA 92614
REFERENCE: Big Canyon Restoration Project
Electrical Systems Design
W.A.D.E, JOB # 09-026 VA JOB #
ATTENTION: Mr. Roger Chung, P.E.
Dear Roger:
FEE PROPOSAL
August 10, 2009
The following is a, FIXED FEE, Electrical Engineering Fee Proposal for the above referenced project.
See attached "Scope of Work'' and "Fee Outline" for services to be rendered.
1. CONSTRUCTION DOCUMENTS:
4. Electrical Construction Documents
b. Electrical Construction Specifications
c. Printing, Plotting, Shipping, Handling
SUB—TOTAL
2. CONSTRUCTION ADMINISTRATION:.
Not Included in scope of service
GRIMD TOTAL
Sincerely,
Michael L. Warn
President,
W.A. DobyRogincering, Inc.
$ 3,150.01D
$ 600,00
T&M
$ 3,750.00
$ 3,750.00
Page I of 3
327Z ff. "V St., Suffe E, Sin Gernardino,.Calffornfa 92485 TWphone (909) 881-4200 Faxs1mile (969) 681-4223
Attachment #09 -026 (8/10109)
Construction Document Engineering fees indicated on page 1
are based-on the following scope criteria:
Scope of Work:
A) Site will require a new SCE service and Metered Service Pedestal for site power.
B) Site will be equipped with future irrigation pumps
C) Site will not be equipped with a -PI.0 / RTU at this time.
I3) Site will be equipped with cabinet for future installation of irrigation equipment electrical
power anti controls.
E) Site will not require design of area tighring.
I-) No clused circuit surveiilancc system equipm(AuL included in design.
G) No access control and intrusion alarm system equipment included in design.
11) No stand -by generator or manual transfer switch and generator receptacle included in design.
1) No chemical analyzers included in design.
J) No solar powered charging system included in design_
K) Autocadd compatible backgrounds will be provided to W.A.D.E. for adding electrical design.
(background showing existing architectural /mechanical equipment).
Construction Document Engineering fees outline:
A) :Station plan to include ($"1550):
a) Locate, size, show installation requirements, and coordinate new S.C.E. utility service.
b) Design new SCE service transformer provisions and primary and secondary ducts including
pull boxes for utility service,
c) Locate service pedestal and design service grounding:.
.d) Show all power conduit feeder routing, sizing, and connections for future irrigation equipment:
e) Show all control signal circuit feeder design for future irrigation equipmerrtconnections,
B) Station Single :Line Diagram ($500)
a) Provide Single line diagram and electrical load calculation.
b) Provide SCE service connection, and station grounding.
e) Identify all conduit and wiring for site.
d) Provide complete conduit and conductor schedule.
e) Provide voltage drop and short circuit calculations as required.
C) Notes, Symbol List, Details, and Elevations. ($700)
a) Provide Service Pedestal arid elevations and. installation details.
b) Provide SCE equipment connection details as required.
c) Provide constriction details as required.
d) Provide construction notes, symbol list, abbre'viat'ions, etc.
D) Electrical Constriction Specifications - CS1 book form ($600).
E) Attend Pre Construction design mceting(s). (Not Included).
F) District plan. check corrections (as required for completion,
Page 2 of 3
Attachment (continued) #M0'26
Construction Administration Engineering fees. outline:
Not included in this proposal
Scope of Service — General Conditions:
A) Electrical Specifications to be issued in CSI format "Book Form" - printing
and binding by others -- an MIS Word fie will be provided by WADE.
B) Construction documents to include all required responses to City plan check
comments and questions, including City recommended revisions as pertaining
to current identified scope of project.
('8l1 OIOQ)
C) Construction Document Fees includes a Registered CA State Electrical Engineer
stamp and signature of.approval
D) Completed Autocadd Version 14 to 2006 electronic drawing files will be furnished by
WADE to VA Consulting for plotting, printing, and distribution.
E) Autocadd Version. 14 or 2004 site piping layouts and background drawing files will be
furnished to WADE by VA Consulting.
F), Important Note:
At the time of issuing this F"ee Proposal - W.A. Doby Engineering carries the following
insurance coverages:
$1,000,000/2,000;000 Ptofessional Liability Insurance coverage.
$1;000;000 Automotive insuance coverage.
$1,000,000 Workmen's Compensation coverage.
All work asked to be performed by W.A. Doby Engineering that is not included or outlined
in this fee proposal will be charged at out standard hourly rate based on a, time and material.
Standard Hourly Rates for W.A. Doby Engineering Inc.:
Site Visit
Principal Engineer
Design Engineer
Engineering Inspector
Draftsman
Secretarial
Office
$500,00 per trip (not to exceed 5 hours).
- $165.00 per hour.
- $135:00 per hour.
- $135,00 per hour.
- $85.00 perhour.
- $48:00 per hour.
- $42:00 per hour:
Page 3 of 3
la 0
MASTER PLANNING I- DEVELOPMENT SERVICES LANDSCAPE ARCHITECTURE
PROPOSAL
BIG CANYON WATER LINE AND
TEMPORARY IRRIGATION SYSTEM
NEWPORT BEACH, CALIFORNIA
LANDSCAPE ARCMTECTURAL SERVICES
August 11, 2009
Owner CiLY of Newport 11(�Ick
Address! 3300 Newporr Blvd.
Newport Bencli, (,q 92603
Phone: 949 -6443109
Client:
VA Consulting
Contact:
Robin Flayes
Address:
6400 Oak Canyon, Suite ISO
Irvine,.CA 926I8
Phone:
949-474-1401, extension 2.53
Fax:
949-261-8482
Ernail•
rhattes a—iconsultinginc.com
PROTECT SCOPE OF SERVICE
The project is a mitigation project in the vicinity of Upper Newport Bay at the inland side of
Jamboree Road. The Owner and maintenance group, for the project is die City of NdwpoftiBeach.
The overall site area of the work, is about twenty acres. A part of the total area will be included
in ima work. The specific areas included at this time are as indicated on the Plan provided by
VA.Eugincers on FridavAugot 7, 2009. Generally the areas include two to three, areas of native
Plan, ol for plant material establishment. Additionally there is a fresh water
.. ungs requiring irrigation
pond for, bird use, the layout of the areas has been designed and engineered by others. The plant
material palette and layout has been design
A �, ed byLSA. AN of this information will be pr06d by
VA Engineers furima use prior to the commencement of snuff work;
AU back ground and base sheet development will be provided by VA Engineers for inla use as
CADD fifes.
VA Engineers- will provide the coordination and interaction with the Public Agencies.as required
except that ima will attend meetings that directly' ffect Ona, work,
i7no will prepare.design and layout of an irrigation water source pressure mainline -from.the hot
tap point of cormettion to an existing potable water line in Jamboree Road, along L46 adigriment
of the new access road, to the pond and landscape areas.
inin will calculate therequirements of the makeup line to be a fill sourcefor the.pand. iow design
to include the backflow prtwenter and water Reverse Osmosis (RO) systernfor the fresh water
pond.
2500 Michelson dr 949:254:0023 wwwjmadesiqnxom
S.k t2s 949.250.0043 f
Irvine cx 93612
hua will provide specification of a prefabricated structure for the electronic etluipmeu.t .
ivig will provide Irrigation. Design and - system calculations for the installation of temporary use
irrigation system {s) to establish approximately 5 acres of planting areas. The areas may be of
three separate uses and may be installed in a phased construcdon. All work shall be accomplished
simultaneously with indication of constiarction phase lines.
Pond W:ater quality equipment and controls are not included.
Duration of the work as a continuous effort is anticipated ro be three months or less between
September and December of 2009.
SCHFDULE 1
SCOPE OF WORK
TASK 1 Meet with the Civil Engineer to receive the information prepared to date for the
development of the facilities, Discuss with VA Staff to gain understanding of the
specific program, schedule and deliverables to be provided by ima.
TASK Prepare 'prelim nar}' calculations and pond seepage & evaporation requirements
review with VA. Engineers. Prepare Level Control operational functioning
system
"TASK 3 Design the egiiipmeritand layout for. the water line, anti code required equipment
for review, with VA Engineers
TASK 4 DesignAie system, equipment and layout of the water RO equipment, layout and
enclosure for review with VA Engineers.
TASI{ 5 Design the automatic: water make up system for. the fresh water pond.
TASK G Design power requirements & RO water discharge requirements.
TASK Automatic irrigation controls shall be arranged for use with electrical source
provided by \7A Engineers:
TASKS Overhead sprinkler units -rill be arranged with on- grade piping and fixed riser
units xiith a sprinkler spacing appropriate for establishing the seeded areas:
TASK 9 Su.btetranedn'.sgsteirts will be designee) as appropriate in lieu of overhead systems.
TASK 1'0 Tree bubbler systems shall .be docuruented as required for. planting establishment.
TASK -I 1. Inigation.and water equipment schedules, details and written specificationsshall
be included with design doccinmitation.
1AR. K 12 Irrigation controllerscheduling u'tfrarmation shall be provided on plans as required
to configure irrigation scheduling program(s).
TASK 13 Meet with VA Engineers up to three times to review the design and layout
infornmcirnt.
TASK 14 Meet with the City of Newport Reach up to two times to discuss the design and
lavutoof the work.
TASK 15 Revisethel apoata lid LEI uipment design upto two tirnestoaecotmmod ate mnments
for the Public AgencF.
k t
SCHEDUU 2
FEES
BIG CANYON RATER LINE AND
TEMPORARY IRRIGATION SYSTEM
NEWPORT BEACH, CALIFORNIA
LANDSCAPE ARCHITECTURAL SERVICES
August 11, 2009
Pecs are lump sum Ivor s:hc sewices described above. Pcianiniruble expenses are in addition to die tee
amp'unt.
STAGE t. IRRIGATION DESIGN SERVICES FEE;
Water source line design and layout/Egttipment Schedule. and Details
Irrigation design and layout /Equipment Schedule and Details $3,000.00
Fresh water Frond automatic makeup /RO /Equipment Schedule /Details $6,000.00
TOTAL LUMP SUM FEE
$13,500.00
RUMBUIiSABLE E:XPENSES:.
Reproductions; C;ADD Blots, mileage, travel. costs, slipping expenses are in addition to the fee amount
at cost.
City of Newport Beach
BUDGET AMENDMENT
2009 -10
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
qX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 10BA -017
AMOUNT: $e5,79o.ao
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
fX1 No effect on Budgetary Fund Balance
To transfer expenditure appropriations from the Proposition 50 Areas of Biological Significance account to the Big Canyon
Creek Restoration account to cover the cost of amendment no. 2 to the professional services agreement with VA Consulting
Inc. for design and permit application services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Accou nt
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Description
Division Number 7014 Misc & Studies
Account Number C5002001 Prop 50 ASBS Protection
Division
Account
Division
Account
Division
Account
Signed
Signed
Signed
Number 7014 Misc & Studies
Number C5100709 Big Canyon Creek Restoration
Number
Number
Number
Number
Amount
Debit Credit
$85,790.00
$85,790.00
Approval: Administrative Services Director Date
61
ptikle Approval: City Man ger Date
City Council Approval: City Clerk
Date
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC. FOR
BIG CANYON CREEK RESTORATION PROJCT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this Ath day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corpo ation ("CITY"), and VA CONSULTING,
INC., a California Corporation whose address is
GalifeFigia, 92614 ("CONSULTANT"), and is made with reference to the following:
6400 Oak Canyon, Suite 150
Irvine, CA 92618
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for engineering
design services for the Big Canyon Creek Restoration Project, hereinafter
referred to as "PROJECT".
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated January 27, 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT and to extend
the term of the AGREEMENT to December 31, 2010.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. TWO, including but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit 1 and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
2. City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to this AMENDMENT NO. TWO for all work performed
pursuant to this Amendment. Consultant's compensation for all work performed
in accordance with this AMENDMENT NO. TWO, including all reimbursable
items and subconsultant fees, shall not exceed Eighty One Thousand Seven
Hundred Sixty One Dollars and no/100 ($81,761.00) without prior written
authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2010.
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.
TWO on the date first above written.
APPROVED AS TO FORM:
By: A ,"'- C _
o r Mynette D. Beauchamp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: �Y&- V, '�n'
Leilani Brown
City Clerk
f'
Attachments: Exhibit A — Scope of Services
CITY OFf'AEWPQRT BEACH,
A Mu 'eipal Cprp ration
By.
dward D. Se ch
Mayor
for the City of Newport Beach
VA CONSULTING, INC.:
By:
Max i
E�Ksident and C.E.O.
By: /"/\ &j,
Michael S. Carter
Secretary and C.F.O.
EXHIBIT 1
VAI
CONSULTING
April 16, 2009
Mr. Mark Reader
Project Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Reader:
This letter is a change order request for additional engineering design services for the Big
Canyon Restoration Project (Project) located in the City of Newport Beach (City), California
(Professional Services Agreement dated December 11, 2007). This change order supersedes
our previous letter dated April 15, 2009.
As you are aware, the City has requested that additional material sampling and testing be
undertaken within Big Canyon. These additional services are related to establishing the base-
line selenium levels within Big Canyon prior to implementation of the proposed Project. Upon
approval of this change order request, VA will retain CH2M Hill to provide the sampling and
testing services in accordance with its scope -of -work (Exhibit "B").
A summary of the overall scope of services included in this request is provided in Section I and
fees are provided in Section II of this letter. VA will provide our services on a time -and -
materials, not -to -exceed basis in accordance with the attached fee schedule (Exhibit "A").
SCOPE OF SERVICES
Phase II — Preliminary Source Tracking and Selenium Monitoring
CH2M Hill will collect samples and conduct testing in accordance with their
scope -of -work (Exhibit "B").
2. Administration, Coordination, and Sub -Consultant Management
This task provides for subconsultant management, coordination, and review of
subconsultant work -product as the Project progresses. The total VA fee for this
task is $3,893 and will be billed on a time -and -materials basis.
VA Consulting, Inc.
Corporate Office
Orange County Division
6400 Oak Canyon, Suite ISO
!-vine. CA 9261 X
Phone 949.474.1400
Fax 949.261.8482
XW1LJiX;1SW3 R100VkdR)'1X04 0ry9CTny0ftCrftk 04ifi0D.cW.
Mr. Mark Reader
City of Newport Beach
April 16, 2009
Page 2 of 2
11. FEES
1. Phase II — Preliminary Source Tracking and Selenium Monitoring ............$77,868
2. Administration, Coordination, and Sub -Consultant Management ................$3,893
TOTALFEES.......................................................................................................$81,761
Please indicate your approval of this change order request by signing in the space provided
below and returning a copy to our office. If you have any questions regarding this request,
please feel free to contact Dan Villines or me at (949) 474-1400.
Sincerely,
Max P. Vahid, P.E.
President and CEO
MPV/kam
Enclosure
cc: Dan Villines
Contracts
X IPiq�x:Ls��7� 61IXY�UMnin'CU•1_OigCiny—Cre* U41609.(jrC
EXHIBIT "A"
VA CONSULTING, INC.
FEE SCHEDULE
2009
Staff Classification
Civil Engineering and Planning Services Hourly Rate
President.........................................................................................................................
$190
Division President/Division Manager...............................................................................$173
Sr. Vice President/Vice President/ Exec. Director...........................................................
$163
Director...........................................................................................................................
$160
SeniorProject Manager..................................................................................................$155
ProjectManager..............................................................................................................$147
AssistantProject Manager..............................................................................................$142
Senior Project Engineer/Senior Design Supervisor/Senior Planner.................................$137
Project Engineer/Design Supervisor................................................................................$132
Senior Design Engineer/Senior Designer........................................................................$122
DesignEngineer/Planner................................................................................................
$117
Designer.........................................................................................................................$110
Assistant Engineer/Assistant Planner..............................................................................$100
Research and Processing Coordinator..............................................................................$95
SeniorCADD Technician..................................................................................................
$90
JuniorEngineer.................................................................................................................$85
CADDTechnician..............................................................................................................$80
EngineeringIntern.............................................................................................................$70
OfficeSupport/Clerical......................................................................................................$69
Field Survey and Mapping Services
Director of Survey and Mapping......................................................................................$158
Managerof Field Survey......................................................................................................
$130
Surveyand Mapping Associate.............................................................................................
$95
Surveyand Mapping Technician............................................................................................
$75
3 -Man GPS Crew.................................................................................................................
$235
2 -Man GPS Crew.................................................................................................................
$205
1 -Man GPS Crew.................................................................................................................
$175
Special Services
Litigation............................................................................................................................... $450
Notes:
1. In-house reprographics charges: B&W Bond copies $1.00/sq.ft, Color Bond $6.00/sq.ft.
2. Mileage will be billed at standard mileage rates set by IRS. 2009 rates currently listed at $0.55 per mile.
XWro1K1s%373 Oruxrncm,mlcai_otgCanyorvCr ek &11COD.dw. G-OUE
EXHIBIT "B"
Dan Villines, P.E.
Director of Water Resources
VA Consulting, Inc.
"17801 Cartwright R0,1d
Irvine, CA 92614
Dear Mr. Villines:
CH2M HILL is pleased to provide this cost proposal for a scope of work to conduct the Big
Canyon Wash selenium monitoring and source tracking in Newport Beach, California. The
monitoring and tracking will be conducted in Big Canyon [-'Nash and along its tributaries.
CH2M HILL will collect up to 21 water samples for selenium speciation from Big Canyon
Wash freshwater pond outlet, mid -pond, inlet, and below Jamboree Road.
CH2M HILI. will collect up to three samples for water colunUi particulate selenium from
three of the water quality sampling sites.
CH2M HILL will collect algae, benthic and water column invertebrates, fish, and bird eggs
from the Nahire park pond for total selenium analysis.
CH2M HILL will compare the results with the 2008 sampling and bird eggs will be
compared to concentrations found in other parts of the Newport Bay watershed.
Bird eggs will be opened and embryos evaluated for effects characteristic of selenium
toxicosis before sending them to the laboratory for chemical analyses.
CH2M HILL will collect flow estimates from up to ten locations for the area from the eastern
end of the Big Canyon golf course to just downstream of Back Bay Drive at the western end
of Big Canyon Creek Nature Park. Flow estimates will be conducted at the time of surface
water duality sample collection. Plow will be estimated by measuring average depth, cross-
section width, and velocity (using standard hw-id-held field velocity meter).
It is estimated that the sample collection, and analysis and reporting for the Big Canyon
Wash selenium source -tracking; program will take three months to complete.
The detailed scope and budget art attached and a summary of the tasks and estimated costs
are as folioves.
CH2M HILL
2485 Natomas Park Drive
Suite 600
A,.,
Sacramento, CA 95833
Tel 916.920-0300
.11100-
Fax 916-920.8463
April 76, 21109
Dan Villines, P.E.
Director of Water Resources
VA Consulting, Inc.
"17801 Cartwright R0,1d
Irvine, CA 92614
Dear Mr. Villines:
CH2M HILL is pleased to provide this cost proposal for a scope of work to conduct the Big
Canyon Wash selenium monitoring and source tracking in Newport Beach, California. The
monitoring and tracking will be conducted in Big Canyon [-'Nash and along its tributaries.
CH2M HILL will collect up to 21 water samples for selenium speciation from Big Canyon
Wash freshwater pond outlet, mid -pond, inlet, and below Jamboree Road.
CH2M HILI. will collect up to three samples for water colunUi particulate selenium from
three of the water quality sampling sites.
CH2M HILL will collect algae, benthic and water column invertebrates, fish, and bird eggs
from the Nahire park pond for total selenium analysis.
CH2M HILL will compare the results with the 2008 sampling and bird eggs will be
compared to concentrations found in other parts of the Newport Bay watershed.
Bird eggs will be opened and embryos evaluated for effects characteristic of selenium
toxicosis before sending them to the laboratory for chemical analyses.
CH2M HILL will collect flow estimates from up to ten locations for the area from the eastern
end of the Big Canyon golf course to just downstream of Back Bay Drive at the western end
of Big Canyon Creek Nature Park. Flow estimates will be conducted at the time of surface
water duality sample collection. Plow will be estimated by measuring average depth, cross-
section width, and velocity (using standard hw-id-held field velocity meter).
It is estimated that the sample collection, and analysis and reporting for the Big Canyon
Wash selenium source -tracking; program will take three months to complete.
The detailed scope and budget art attached and a summary of the tasks and estimated costs
are as folioves.
Task
Se Monitoring and Initial Source Tracking
No. of Samples
(if applicable)
Estimated Cost
Project Administration (including; 1 site meeting for
2 staff, and 1 teleconference)
Sample Collection
$ 9,192
$ 24,894
Laboratory Analysis - Water Quality
Laboratory Analysis- Selenium Species
?7
$ 5,250
Lnhoratory Analysis- Particulate fraction Selenium
Laboratory Analysis - biota
3
$ 480
20
--- - -
$ 6,100
Total Laboratory Analyses - - --
$ 16,345
Subcontractor overhead charge: 10%
$ 1,635
Embryo Analysis
5
$ 1,584
Sample Preparation and Pick-up
$ 1,660
--
Sample Pick-up _
$ 100
Reporting
$ 22,458
$77,868
sincerely,
Ron Weddle
Contracts Managor
BIG CANYON WASH WETLANDS RESTORATION PROJECT
SELENIUM MONITORING PHASF 11 — PRELIMINARY SOURCE TRACKING and
SELENIUM MONITORING PROJECT
Introduction
Big Canyon Wash is a small tributary drainage to Upper Newport Bay that drains a
watershed of approximately 2 square miles (Figure 1). The majority of the
watershed (approximately 96%) is highly developed with homes, commercial areas,
a golf course, cemetery, and other urban features. The 60 -acre undeveloped portion
of Big Canyon Wash (Big Canyon Creek Nature Park) has been identified by the
Southern California Wetlands Recovery Project (SCWRP) as an important resource
that is in need of restoration. The City of Newport Beach was directed by the City
Council to move forward with restoration efforts in the canyon (Weston, 2007).
Weston Solutions was hired to establish baseline water quality conditions in the
canyon and to assess appropriate design elements that could be incorporated into
the restoration plan to address identified existing or future water quality issues
(Weston, 2007).
The resultant study conducted by Weston Solutions (2007) showed that water
column concentrations throughout the lower part of Big Canyon west of Jamboree
Road exceed the California Toxics Rule (CTR) freshwater chronic criterion for
selenium of 5 micrograms per liter (ug/L) under both wet and dry conditions. In
addition, investigations by Southern California Coastal Research Project (SCCWRP;
Sutula et al., 2008) have indicated that selenium concentrations in soils in the lower
portion of Big Canyon Wash (near Back Bay Drive) exceed the selenium screening
value for substantial ecological risk of 4 milligrams per kilogram (mg/kg) dry weight
(Presser et al. 2004). Selenium is a bioaccumulative compound that has been
associated with reproductive impairment in fish and birds. Ecological risk screening
values for selenium are shown in Table 1.
Table 1. Ecological Risk Screening Levels for Selenium
Media Ecological Risk Level m
Freshwater
None
<2 pg/L
Sediment
<2
2-4
Diet (fish& bird_ s)
Fish Tissue
<4
Bird E�Tissue
(Source: Presser et al., 2004)
Marginal I Substantive
2-5 lg/L
>5 }�g/L
2-4
>4
_
3-7
>7
4-6
6-10
>10
The sources of selenium in the watershed have not all been identified. The steep
cliffs that rim Big Canyon Wash are formed primarily of the Miocene Monterey
Formation. This formation is a known source of selenium in California and is a likely
source of selenium in Big Canyon. Selenium may have also accumulated in the
canyon bottom soils, especially in the freshwater marsh areas.
The changes in canyon hydrology and the areas tributary to Big Canyon Wash as
the watershed has developed have likely contributed to the mobilization of selenium.
Urban landscape irrigation, the construction of an 18 -hole golf course in the up -
gradient part of the canyon east of Jamboree Road (Figure 1), Big Canyon
Reservoir, and storm drain systems that discharge to the canyon, have changed the
canyon's flow regime from ephemeral to perennial. This has resulted in significant
changes in habitat and has likely contributed to the high selenium concentrations
that have been found in the soils and water in the canyon.
A baseline monitoring study in the Big Canyon Creek Nature Park was recently
completed by CH2M HILL. From June 9-11, 2008, CH2M HILL staff collected
samples of water, sediment, and biota from different areas within the nature park to
evaluate selenium concentrations and potential impacts in the food webs in the area.
Samples were collected from the up -gradient portion of the canyon just west of
Jamboree Road, in the freshwater marsh and riparian areas in the upper and middle
sections of the canyon, and in the fresh and salt water marshes in the lower part of
the canyon. Biological samples collected and submitted for analysis included algae,
dragonfly larvae, crayfish, mosquito fish, fathead minnows, and African clawed frogs.
No nesting birds were observed at the time and therefore, no bird eggs were
collected. Several of the water column samples were also submitted for selenium
speciation analysis.
The data collected indicate that selenium concentrations in sediment and the biota in
the park are extremely high — an order of magnitude higher than the concentrations
measured in biota in the San Diego Creek watershed — despite the fact that the total
selenium concentrations in the surface waters in Big Canyon Creek are similar to
those measured in the lower part of San Diego Creek (Table 2). The selenium
concentrations in water, sediment, and tissue collected from Big Canyon Creek
Nature Park all exceeded the ecological risk screening values shown in Table 1.
Selenium concentrations in sediment as high as 122 mg/kg dry weight (dw) were
found in the lower freshwater marsh ponds. Fish tissue concentrations in this area
range from 58-64 mg Se/kg dw, and algae and dragonfly larvae selenium
concentrations exceed 30 mg/kg dw. Selenium concentrations in sediment and
biota were elevated throughout the park, even in the middle and upper sections of
the canyon. Selenium concentrations in sediment at these locations, though not as
elevated as that seen in the lower freshwater marsh ponds, are still elevated well
above screening levels (20-27 mg Se/kg dw; Figure 4) and algae, crayfish, fish
(fathead minnow and mosquito fish), and frogs were also extremely high (35-57
mg/kg dw).
Table 2. Comparison of Median Selenium Concentrations in Surface Waters in San
Diego Creek Basin No. 2 and the BigCan on Creek Nature Park
IVledi._ ,
Water
: hom
15 /L
19,
19 /L
Creek
Sediment
0.5 mg/kg dry weight
54 mg/kg
dr weight
Macroinverte brates
7 mg/kg dry weight
32 m
/k
dry weight
Fish
7 mg/kg dry weight
57 mg/kg
dry weight
Selenium speciation data indicate that the selenium in the surface flows that enter
the nature park from upstream of Jamboree Road is composed of a significant
amount of the more bioavailable inorganic form of selenium known as selenite (Se
IV) than the flows in the San Diego Creek watershed. Approximately 21 percent (%)
of the selenium in the baseflow in the canyon was composed of selenite, 78% was
selenate (Se VI), and less than I% was organic selenium (primarily, methylselenic
acid). Since the majority of selenium in groundwater is in the form of selenate (this
is supported locally by the data collected from storm drain #1 [LBCW-SD#1], which
flows year round due to groundwater leakage into the storm drain, the presence of
so much selenite in the flows at the upper end of the park indicate that it is likely that
conversion of selenate to selenite is occurring upstream of the park. Within the
nature park, the percentage of selenite continues to increase downstream with 30-
40% of the selenium in the lower freshwater marsh ponds being composed of
selenite. The percentage of organic selenium also increases from less than 1 % at
the upper end of the park to nearly 3% in the ponds.
The presence of the relatively high proportions of selenite in the surface waters in
the park is the most likely reason for the extremely high concentrations of selenium
in sediment, algae, invertebrates, frogs, and fish. The concentrations of selenium in
the fish and frogs are well into to the range of selenium concentrations that are
associated with deformities (teratogenesis) in fish and birds. It is likely that turtles
and some birds may be similarly affected. It is therefore, very important that the
sources of selenium in the surface water flows that enter the park, and the
mechanism(s) for the conversion of selenate to selenite that occur(s) up -gradient of
the park, be identified so that steps may be taken to try to control, mitigate, or
eliminate them before the surface waters enter the park. The sources of selenium
also need to be identified so that the plans for the nature park restoration can be
modified, if necessary, to incorporate selenium treatment or source controls, or, if
impairment due to selenium continues to occur under post -restoration conditions,
additional remediation options can be considered.
Potential Sources of Water, Selenium, and Selenium Conversions in the Big Canyon
Watershed
Sources within the Nature Park
There are seven storm drains that have been identified in the nature park. Five of
these drains are located on the north side of the canyon and two on the south side.
The westernmost storm drain on the north side of the canyon (SD#1) appears to flow
perennially and has a small catchment area at its discharge point. Water flows from
the catchment into the riparian area located along the northern side of the lower part
of the canyon. Given the volume of the flow from this drain, it is likely that the drain
is intercepting groundwater. The selenium concentration measured in the water
from this drain during the recent baseline monitoring investigation was 13 µg/L.
Based on CH2M HILL's recent reconnaissance and sampling in the nature park, one
other flowing storm drain (SD#3) was identified along the north side of the canyon.
The selenium concentration in the water flowing from this drain was very low (<5
µg/L).
Groundwater may also surface within the canyon itself, though CH2M HILL staff did
not see any obvious signs of groundwater seepage while they were conducting the
baseline monitoring investigation. However, baseflow in the creek has not been
sequentially measured from the up -gradient to the down gradient end of the creek to
determine if rising groundwater is contributing to the surface flows.
Big Canyon Golf Course
The Big Canyon Golf Course and Country Club is located upstream of the nature
park between Jamboree Road and MacArthur Boulevard (Figure 1). This privately
owned and operated golf course was constructed in Big Canyon Wash in the late
sixties/early seventies and opened in 1971. Several lakes and creeks can be seen
on the course (Figure 2). According to golf course personnel (Jeff Beardsley, Big
Canyon Country Club greens supervisor, personal communication, May 20, 2008)
there was no visible water present when the golf course was constructed.
Currently, surface flows enter the golf course at three main locations east of
MacArthur Boulevard (Figure 2). Mr. Beardsley has estimated the flows from each
of these drainages. The northernmost stream enters the golf course through a 30 -
inch pipe at a flow rate of about 25 gallons per minute (gpm) and drains the northern
"port" streets area of Newport Hills Estates. The middle stream enters the course
through a 72 -inch pipe at a rate of approximately 100 gpm and drains the southern
port streets area of Newport Hills Estates. The southernmost stream flows onto the
course at a rate of about 90-100 gpm through a 72 -inch pipe; the drainage extends
up to Big Canyon Reservoir and drains this area and the residential areas located
just west of the reservoir. Additional water flows from storm drains from the
residential areas located within and adjacent to the Big Canyon golf course. All of
this water flows through the golf course into their ponds and riparian areas. The
flows join near the west end of the golf course, just east of the maintenance building,
then exit the course and flow through a large culvert that extends underneath
Jamboree Road to the nature park (Figure 2). Mr. Beardsley has estimated that
approximately 300 gpm in surface water exits the golf course and enters the nature
park (faxed map received August 6, 2008). Mr. Beardley has also observed that
irrigation from upstream residences in the morning hours results in noticeable
increases in the surface water flows that enter the golf course.
The surface water that enters the golf course is not used for irrigation, but feeds the
lakes and creeks that dot the course. The course uses approximately 60%
reclaimed water from the Irvine Ranch Water District and 40% potable water from
the Green Acres project to irrigate their greens. The lakes on the golf course may
be converting selenate to selenite, which would explain the high concentrations of
selenite in the surface waters entering the Big Canyon Nature Park.
Tributary Streams to Big Canyon Creek
As previously noted, three main drainages (Big Canyon Wash north, middle and
south branches) appear to conduct surface flows from the upstream areas through
the Big Canyon golf course where they join prior to continuing down into the nature
park and Upper Newport Bay. The south branch passes through the Harbor View
Nature Park which appears to contain a riparian corridor. If the surface waters in
this branch of the creek contain selenium, there may be some conversions of
selenate to selenite occurring in this part of the tributary. There also may be other
areas within the three tributaries where selenium conversions could occur if
selenium is present within surface water flows.
Big Canyon Reservoir
The Big Canyon Reservoir is a 23 -acre facility that was constructed in 1958 as a
drinking water reservoir and has a capacity of 195 million gallons (George Murdock,
City of Newport Beach, personal communication, May 15, 2008). The reservoir is
owned and operated by the City of Newport Beach Utilities Department and was
recently fully covered (as of September 2004) to prevent water loss from evaporation
and contamination from airborne pollutants. Though the reservoir is asphalt -lined
and underlain by a five-foot deep clay layer, it does leak and a system of
underdrains and piezometers around the reservoir track the rate and amount of
leakage. This slow leakage from the reservoir likely contributes to groundwater
recharge. The water table at the base of the reservoir dam is around eight (8) feet
below grade (George Murdock, City of Newport Beach, personal communication,
May 15, 2008).
Pacific View Memorial Park
Pacific View Memorial Park cemetery and mortuary (Figure 1) opened in 1958 in
Corona del Mar. The 45 -acre facility includes private garden estates, sloping lawns
and abundant landscaping. Irrigation of the park grounds may contribute to
groundwater recharge and selenium mobilization in the area. Two fountains and two
artificial streams on the grounds constantly recycle water so there is no infiltration
from those systems (Cathy Wadsworth, office manager, Pacific View Memorial Park,
personal communication, May 19, 2008).
Residential and Commercial Landscape Irrigation
Approximately 96% of the Big Canyon watershed has been developed for urban use
with homes, schools, and commercial operations. Much of the urban area is heavily
landscaped and irrigated providing another source of infiltrating water to the
watershed; however, the magnitude of the contribution of this source to surface and
groundwater flow in Big Canyon Wash is not known.
Shallow Groundwater Upstream of Big Canyon Creek Nature Park
A perched shallow water table underlies the site of the old Ford Aeronutronic
property located north of Ford Road, between Jamboree Road and MacArthur
Boulevard (Geomatrix, 2008). A groundwater divide bisects the site and in the
southern portion of the site, groundwater flows almost due west to the northwestern
quadrant of the golf course. Groundwater likely surfaces somewhere either on the
golf course or just on the west side of Jamboree Road in the Nature Park. Water
quality samples collected from the monitoring wells at the site have not yet been
analyzed for selenium concentrations.
There is also a high water table in the Spyglass Hill area beneath the Newport Hills
Estates area (the port streets) located upstream of the nature park near the Big
Canyon Reservoir (George Murdoch, City of Newport Beach, personal
communication, May 15, 2008). The shallow groundwater from this area also likely
contributes to the surface and subsurface flows that enter the golf course and
ultimately, the nature park.
Unidentified Sources
There may be other sources of water and groundwater to Big Canyon Wash and the
golf course that are not readily identifiable. The source investigation should
determine if all potential sources of selenium and their relative contributions to
selenium loads in the canyon have been identified.
Proposed Scope of Work
A combination of sampling water, algae, and biota in Big Canyon Wash and flow
estimates throughout the Big Canyon watershed will be conducted to evaluate the
potential sources and loads of pollutants entering the drainage.
Water samples (Se speciation) will be collected from the Big Canyon Wash
freshwater pond outlet, mid -pond, inlet, and below Jamboree Road. In addition,
algae, benthic and water column invertebrates, fish, and bird eggs will be collected
from the pond for total selenium analysis. These samples will be compared to the
results of the 2008 sampling effort and bird eggs will be compared to concentrations
found in other parts of the Newport Bay watershed. Bird eggs will be opened and
embryos evaluated for effects characteristic of selenium toxicosis before sending
them to the laboratory for chemical analyses.
Since it appears that the golf course ponds may play an important role in the
conversion of selenate to the more bioavailable selenite before the surface flows
6.
enter the nature park, the selenium source tracking investigation should also focus
on identifying the following:
■ Sources of water that may enter the golf course grounds, both as surface
flows and subsurface flows (former Ford plant, Spyglass Hill area, tributary
drainages to Big Canyon creek);
■ Surface water flow paths through the golf course to Big Canyon Creek;
■ Selenium concentrations, selenium species, and flow estimates in surface
flows before they enter the golf course;
■ Selenium concentrations, and selenium species in the creeks and ponds on
the golf course; flow estimates where appropriate;
■ Selenium concentrations, selenium species, and flow estimates in the surface
waters that enter the golf course (Big Canyon Wash north, middle, and south
branches) and exiting the golf course, under Jamboree Drive.
Investigation of Big Canyon Wash Hydrology and Pollutant Sources and Loads
The flow regimes in the Big Canyon watershed need to be defined in terms of
groundwater contributions or losses (gaining reaches or losing reaches of the creek)
in baseflows, and water sources and pollutant transport mechanisms. Storm drains
and urban runoff are readily identifiable sources of flow to the drainage, but it is not
known whether rising groundwater conditions occur within the nature park, the golf
course, or elsewhere in the watershed. In order to determine the groundwater
contributions and pollutant sources and loads in the Big Canyon drainage, estimates
of flow must be added to water quality sampling. Water quality and selenium
analyses have already been conducted on water column samples collected from the
nature park in June 2008 by CH2M HILL. However, sampling of the creeks and
ponds on the golf course has not yet been conducted and the flows in the creek in
the nature park and the golf course have not yet been measured to determine dry
season baseflow conditions.
Sample Collection and Analysis
Samples must be collected and processed in accordance with Surface Water
Ambient Water Monitoring Program (SWAMP) protocols. Analytical laboratory
results must be reported in SWAMP database format. Original analytical laboratory
reports, including quality assurance/quality control reports and chain -of -custody
documents, should also be submitted in electronic format as Adobe Acrobat pdf files.
Field observations should include the presence or absence of algae or water plants,
riparian vegetation along creek areas, benthic and water column invertebrates (e.g.,
chironomid larvae [blood worms], dragonfly or mayfly larvae, waterboatmen
[corixids], or crayfish), amphibians (frogs or turtles), fish, and birds. Any
groundwater seeps or springs should also be identified. Sample sites and stream
transects/gauging stations should be located using GPS coordinates.
The water quality samples should be collected from the locations shown on Figure 2
(up to 21 samples if there is water at all the sample sites) plus the three samples
from the lower Nature Park pond and should be analyzed for the listed groups of
constituents (Table 3). In addition, three samples will be collected for water column
particulate selenium from three of the water quality sampling sites (locations to be
determined, based on obvious availability of particulates in the water at the time of
sampling). The particulate fraction samples and all dissolved fraction samples will
be filtered in the laboratory within 24 hours of sample collection. Algae, benthic and
water column invertebrates, fish, and bird eggs will be collected from the Nature
Park pond in the lower canyon, as available. It is anticipated that three to five
samples may be collected from each of these four main tissue types (12 to 20 biota
samples, total). Table 4 provides the individual parameters for each group of
constituents for water and tissue.
Table 3. Water Quality Samples and Flow Estimates by Location
SAMPLE
LOCATION
NO. OF
SAMPLES
Flow
Estimate
Tissue Total
Selenium
Water Quality
Parameters
Selenium
Species
INFLOW 1
1
1
1
1
INFLOW 2
1
1
1
1
INFLOW 3
1
1
1
1
INFLOW 4
1
1
1
1
INFLOW 5
1
1
1
1
INFLOW 11
1
1
1
1
INFLOW 15
1
1
1
1
OUTFLOW
1
1
1
1
LAKE 1
1
1
1
LAKE 3
1
1
1
LAKE 4
1
1
1
LAKE 5
1
1
1
LAKE 6
1
1
1
RIPARIAN 1
1
1
1
1
RIPARIAN 2
1
1
1
1
RIPARIAN 3
1
1
1
1
Golf Course
Irrigation Water
1
1
1
Lower Nature Park
Pond
3
20
3
3
QA/QC Duplicates
1
1
1
Total Samples
21
11
20
21
21
The following Table 4 lists the recommended analytical parameters for the water
column and biota tissue samples and Table 5 lists the analytical methods and
detection limits:
Table 4. Analytical Parameters
Water Column Samples
Tissue Samples
Water Quality Parameters
Total Recoverable Se
Total Dissolved Selenium
Total Selenium
Total Recoverable Selenium
ICP -MS w/DRC
Particulate fraction selenium
(groundwater samples)
Trace Metals (Cd, Cu, Cr, Ni, Pb, Zn)
Trace Metals (Cd, Cu, Cr, Ni, Pb, Zn)
Hardness (as CaCO3)
HPLC -ICP -MS w/DRC
Total Dissolved Solids
SeVI
Total Suspended Solids
Percent (%) Solids
Dissolved Oxygen
Dissolved Organic Carbon
Organic Se
pH
<0.1 pg/L
Temperature
Selenium species
NA
Selenate
Selenite
Methylselenitic acid
Selenomethionine
Selenoc anite
Table 5. Recommended Analytical Methods and Detection Limits for Selenium in
Water
Constituent
Analytical Method
Method Detection Limit
Total Recoverable Se
ICP -MS w/DRC"
<0.5 /L
Dissolved Se
ICP -MS w/DRC
<0.5 µg/l_
(groundwater samples)
Selenium Species:
HPLC -ICP -MS w/DRC
SeVI
<0.1 µg/l_
SeIV
<0.1 µg/l_
Organic Se
<0.1 pg/L
Selenomethionine
Selenocyanate
Methyl selenic acid
* Dynamic Reaction Cell (DRC)- lowers detection limits and eliminates matrix interferences
ICP -MS w/DRC: Inductively Coupled Plasma Mass Spectrometry with Dynamic Reaction Cell
HPLC -ICP -MS w/DRC: High Performance Liquid Chromatography -Inductively Coupled
Plasma- Mass Spectrometry with Dynamic Reaction Cell
Stream Flow estimates
Ten locations are currently proposed for flow estimates for the area from the eastern
end of the Big Canyon golf course to just downstream of Back Bay Drive at the
western end of Big Canyon Creek Nature Park. Flow estimates will be conducted at
the time of surface water quality sample collection. Flow will be estimated by
measuring average depth, cross-section width, and velocity (using standard hand-
held field velocity meter).
Reporting
It is estimated that the sample collection, and analysis and reporting for the Big
Canyon Wash selenium source -tracking program will take three months to complete.
Estimated Sampling, Analytical, and Reporting Costs
The proposed scope of work is based on existing information and CH21VI HILL staff's
professional best judgment. Actual conditions in the field may differ and require
adjustments to the number and type of samples and sample locations. The actual
number of stream flow estimates and biota samples and their locations will be
determined in the field and should be based on existing stream flow conditions and
biota availability. Therefore, all costs should be considered preliminary and subject
to change based on the actual number of samples collected, field conditions,
consultant fees, and laboratory rates for the recommended analyses.
The following tasks and costs have been estimated:
Table 6. Tasks and Estimated Costs
Task
No. of Samples
(if applicable)
Estimated Cost
Se Monitoring and Initial Source Tracking
Project Administration (including 1 site meeting for
2 staff, and 1 teleconference)
$ 9,192
Sample Collection
$ 24,894
Laboratory Analysis - Water Quality
21
$ 5,250
Laboratory Analysis - Selenium Species
21
$ 4,515
Laboratory Analysis- Particulate Fraction Selenium
3
$ 480
Laboratory Analysis - biota
20
$ 6,100
Total Laboratory Analyses
$ 16,345
Subcontractor overhead charge: 10%
$ 1,635
Embryo Analysis
5
$ 1,584
Sample Preparation and Pick-up
$ 1,660
Sample Pick-up
$ 100
Reporting
$ 22,458
SUBTOTAL
$77,868
10
References
Byron, E. and G. Santolo, 2008, Big Canyon Wash Wetlands Restoration, Baseline
Selenium Results, draft report dated July 25, 2008, prepared by CH2MHi11 for the
City of Newport Beach and the Santa Ana Regional Water Quality Control Board.
Presser, T., D. Piper, K. Bird, J. Skorupa, S. Hamilton, S. Detwiler and M. Huebner,
2004, The Phosphoric Formation: A Model for Forecasting Global Selenium Sources
in the Environment. In J. Hein, ed., Life Cycle of the Phosphoria Formation: From
Deposition to the Post -Mining Environment. Elsevier Publications.
Sutula, M., J. Brown, and E. Fetscher, 2008, Habitat Value of Urban Wetlands, final
report dated March 5, 2008, prepared by the Southern California Coastal Water
Research Project for the Los Angeles Regional Water Quality Control Board, Grant
Agreement No. 04-090-554-0.
Weston Solutions, Inc., 2007, Big Canyon Creek Flow and Water Quality
Assessment. Report prepared for WRC Consulting Services, Inc.
Weston Solutions, Inc., 2008, Big Canyon wet weather results unpublished data.
Figure 1. Location map of Big Canyon Wash and vicinity.
{ f 74 -
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♦ i ; R • 6 � l Lf A'
TO:
FROM:
SUBJECT:
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
April 28, 2009
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Public Works Department
Mark Reader, Project Manager
949 - 644 -3311
BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC. FOR SELENIUM MONITORING
RECOMMENDATIONS:
1. Approve Amendment No. 2 to Professional Services Agreement with VA Consulting, Inc.
for on -site selenium monitoring and upstream selenium source tracking for the Big Canyon
Creek Restoration Project for a total fee of $81,761 and authorize the Mayor and City Clerk
to execute the Agreement.
2. Approve a Budget Amendment transferring $41,761 from 7014- C5100969 (Irrigation Smart
Controller Program) to Account No. 7014- C5100709 (Big Canyon Creek Restoration); and
recognizing $40,000 from a contribution from the County of Orange Nitrogen Selenium
Management Program and appropriating $40,000 to Account No. 7251- C5100709.
BACKGROUND:
VA Consulting Inc. (VA) is completing the final construction documents and permit
applications for the Big Canyon Creek Restoration Project. The concept design for the
restoration as envisioned in the Feasibility Report has changed in important ways in order to
address elevated concentrations of selenium that have been found in the sediments, water
column and tissue samples of invertebrates and fish. The measured water column selenium
concentration in some cases exceed by a factor of ten, the California Toxic$ Rule freshwater
chronic criterion of 5 micrograms per liter.
The City and Regional Water Quality Control Board (RWQCB) have been working together
on the Big Canyon Creek Restoration project since 2004. The RWQCB has partially funded
the preparation of the feasibility study and final construction documents. When the
selenium problem became apparent last summer (2008), the City and RWQCB began
discussions on how to address this issue while keep the project on track to begin
construction in Fall 2009. As selenium treatment technology is still in its initial development
stages with pilot projects indicating that treatment could be very costly, RWQCB and City
staff have agreed to move in a deliberate manner to monitor the extent of selenium problem;
Big Canyon Creek Restoration — Approval of Amendment No. 2 to Professional Services Agreement with VA Consulting, Inc.
April 28, 2009
Page 2
find, as possible, the selenium sources; and continue research on potential mitigation
solutions. With this approach, the RWQCB can issue the required 401 permit for this project
Under this contract amendment, VA will complete the baseline monitoring by having its
subconsultant, CI-112M Hill, collect bird eggs from Big Canyon and analyze the tissue for
evidence of selenium toxicosis. Water column and sediment samples in adjacent areas will
also be collected and analyzed for selenium. Additionally, CH2M Hill will collect surface
water, water from groundwater seeps and sediment samples in upstream areas to try and
ascertain potential sources of selenium.
With the completion of the baseline survey and upstream source identification program, the
results will be a guide to identify selenium treatment source controls or remediation options
and allow us to document improvements once these controls are in place.
Funding Availability:
The City's current CIP budget includes general funds set aside to match an expansion of
the smart irrigation controller program which is part of the Newport Coast runoff reduction
program. While the City has been awarded a Proposition 84 grant, State funds are currently
frozen and no date has been given on when these funds will be available. At the time
Proposition 84 funds become available, the smart irrigation controller program will advance
primarily with grant funds. The status of match funding will be reviewed by staff and
presented for Council consideration as needed once more information is available.
It is recommended that $41,761 be transferred from the smart irrigation controller program
to the Big Canyon Creek restoration project for monitoring and tracking of selenium. Also,
the County of Orange will contribute $40,000 from its Nitrogen Selenium Management
Program (NSMP) for this sampling and analysis work.
Upon approval of the recommended Budget Amendment, sufficient funds will be available in
the following accounts for this project:
Account Description
Big Canyon Creek Restoration
Orange County NSMP Contribution
Prepared by:
Mark Reader
Project Manager
Account Number
Amount
7014- C5100709
$41,761
7251- C5100709
40,000
Total:
$81,761
Submitted by:
Attachment: Amendment to PSA with VA Consulting Inc.
Scope of Services prepared by VA Consulting Inc, nd CH2MHill.
aoum
Director
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING, INC. FOR
BIG CANYON CREEK RESTORATION PROJCT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of ' 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VA CONSULTING,
INC., a California Corporation whose address is 17801 Cartwright Road, Irvine,
California, 92614 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering
design services for the Big Canyon Creek Restoration Project, hereinafter
referred to as "PROJECT ".
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated January 27, 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT and to extend
the term of the AGREEMENT to December 31, 2010.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. TWO, including but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit 1 and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to this AMENDMENT NO. TWO for all work performed
pursuant to this Amendment. Consultant's compensation for all work performed
in accordance with this AMENDMENT NO. TWO, including all reimbursable
items and subconsultant fees, shall not exceed Eighty One Thousand Seven
Hundred Sixty One Dollars and no /100 ($81,761.00) without prior written
authorization from City.
3. The term of the AGREEMENT shall be extended to December 31. 2010.
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.
TWO on the date first above written.
APPROVED AS TO FORM:
By: A4 -�-- ( _ _ H
o Mynette D. Beauchamp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
Leilani Brown
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Edward D. Selich
Mayor
for the City of Newport Beach
VA CONSULTING, INC.:
By:
Max P. Vahid
President and C.E.O.
Michael S. Carter
Secretary and C.F.O.
EXHIBIT 1
VAI
CONSULTING
April 16, 2009
Mr. Mark Reader
Project Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Reader:
This letter is a change order request for additional engineering design services for the Big
Canyon Restoration Project (Project) located in the City of Newport Beach (City), California
(Professional Services Agreement dated December 11, 2007). This change order supersedes
our previous letter dated April 15, 2009.
As you are aware, the City has requested that additional material sampling and testing be
undertaken within Big Canyon. These additional services are related to establishing the base-
line selenium levels within Big Canyon prior to implementation of the proposed Project. Upon
approval of this change order request, VA will retain CH2M Hill to provide the sampling and
testing services in accordance with its scope -of -work (Exhibit "B ").
A summary of the overall scope of services included in this request is provided in Section I and
fees are provided in Section If of this letter. VA will provide our services on a time -and-
materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit "A ").
SCOPE OF SERVICES
Phase I I — Preliminary Source Tracking and Selenium Monitoring
CH2M Hill will collect samples and conduct testing in accordance with their
scope -of -work (Exhibit "B ").
2. Administration, Coordination, and Sub - Consultant Management
This task provides for subconsultant management, coordination, and review of
subconsultant work - product as the Project progresses. The total VA fee for this
task is $3,893 and will be billed on a time- and - materials basis.
VA Consulting, Inc.
Coipiome Office
Orange County Division
6400 Oak Canyon, Suite 150
Irvine. CA 92618
Phone 949.474.1400
Fax 949.261.8482
XIR[.WA373 W0&0dn rc,COn..rtpCnm 'eek_of i4[9.a ..
Mr. Mark Reader
City of Newport Beach
April 16, 2009
Page 2 of 2
II. FEES
Phase II — Preliminary Source Tracking and Selenium Monitoring --------- ...$77,868
2. Administration, Coordination, and Sub - Consultant Management ................$3,893
TOTALFEES ................................................ ............................... ........................$81,761
Please indicate your approval of this change order request by signing in the space provided
below and returning a copy to our office. If you have any questions regarding this request,
please feel free to contact Dan Villines or me at (949) 474 -1400.
Sincerely,
Max P. Vahid, P.E.
President and CEO
MPVJkam
Enclosure
cc: Dan Villines
Contracts
xwinae�sr? amwmmroa, egev.,aiGew. a�cmmc
EXHIBIT "A"
VA CONSULTING, INC.
FEE SCHEDULE
2009
Staff Classification
Civil Engineering and Planning Services
President.............................................................. ...............................
Division President/Division Manager .................... ...............................
Sr. Vice President/Vice President/ Exec. Director ...............................
Director................................................................ ...............................
Senior Project Manager ....................................... ...............................
ProjectManager ................................................... ...............................
Assistant Project Manager ................................... ...............................
Senior Project Engineer /Senior Design Supervisor /Senior Planner.....
Project Engineer /Design Supervisor ..................... ...............................
Senior Design Engineer /Senior Designer ............. ...............................
Design Engineer / Planner ..................................... ...............................
Designer............................................................. ...........................I "..
Assistant Engineer /Assistant Planner ................... ...............................
Research and Processing Coordinator ................. ...............................
Senior CADD Technician ..................................... ...............................
JuniorEngineer .................................................... ...............................
CADD Technician
Hourly Rate
....................... $190
....................... $173
..................... $163
....................... $160
........................................................... ...............................
EngineeringIntern .......................................................... ...............................
Office Support/Clerical ................................................... ...............................
Field Survev and Marmina Services
Director of Survey and Mapping .......... ...............................
Manager of Field Survey ........................ ...............................
Survey and Mapping Associate ............. ...............................
Survey and Mapping Technician ............ ...............................
3 -Man GPS Crew ................................... ...............................
2-Man GPS Crew ................................... ...............................
1 -Man GPS Crew ................................... ...............................
Special Services
Litigation . ...............................
Notes:
1. In -house reprographics charges: B &W Bond copies $1.00 /sq.tt, Color Bond $6.00/sq.ft.
.......I ........ $155
................ $147
................ $142
................ $137
................ $132
................ $122
................ $117
.............. $110
................ $100
................. $95
.................. $90
.................. $85
.............. I... $80
.................. $70
.................. $69
........... $158
........... $130
........ $95
.............. $75
............ $235
............ $205
............ $175
2. Mileage will be billed at standard mileage rates set by IRS. 2009 rates currently listed at $0.55 per mile.
....... $450
x!A 13 � _s%rMar+.k_ --CW � G -OCAS
EXHIBIT "B"
Dan Villines, P.E.
Director of Water Resources
VA Consulting, hx.
17501 Cm-1 - vrihht ROild
Irvine, C A 92614
Dear Mr. Villines:
CH2A4 HILL is pleased to provide this cost proposal for a scope of work to conduct the Big
Canyon wash selenium monitoring and source tracking in Newport Beach, California. Thi•
monitoring and tracking will be conducted in Big Canyon Wash and along its tributaries.
CH2M HILL will collect LIP to 21 water samples for selenium speciation from Big, Canyon
Wash freshwater pond outlet, mid -pond, inlet, and below Jamboree Road.
CH2M HILL, will collect up to three samples for water column particulate selenium from
three of the water quality sampling sites.
CH2M HILL will collect algae, benthic and water column invertebrates, fish, and bird eggs
from the Nahrre Park pond for total selenium analysis.
CH2M HILL will compare the results with the 2008 sampling and bird eggs will be
compared to concentrations found in other parts of the Newport Bay watershed.
Bird eggs will be opened and embryos evaluated for effects characteristic of selenium
toricosis before sending them to the laboratory for chemical analyses.
CH2M HILL will collect flow estimates from up to ten locations for the area from the eastern
end of the Big Canyon golf course to just downstream of Back Bay Drive at the western end
of Big Canyon Creek Nature Park. Flow estimates will lie conducted) at the time of surface
water quality sample collection. Flow will be estimated by measuring average depth, cross -
section width, and velocity (using standard hand -held field velocity meter).
It is estimated that the sample collection, and analysis and reporting for the Big Canyon
Wash seleniunn source - hacking Program will take three months to complete.
T'he detailed scope and budget are attached and a sununary of Lhe tasks and estimated costs
are aS follows.
CH2M HILL
2,185 NWORxes P8rk 01 r
S.Ne WO
Sacramento, CA 95833
Tel
8816-
Fax 928.6463
April 16, 2009
Dan Villines, P.E.
Director of Water Resources
VA Consulting, hx.
17501 Cm-1 - vrihht ROild
Irvine, C A 92614
Dear Mr. Villines:
CH2A4 HILL is pleased to provide this cost proposal for a scope of work to conduct the Big
Canyon wash selenium monitoring and source tracking in Newport Beach, California. Thi•
monitoring and tracking will be conducted in Big Canyon Wash and along its tributaries.
CH2M HILL will collect LIP to 21 water samples for selenium speciation from Big, Canyon
Wash freshwater pond outlet, mid -pond, inlet, and below Jamboree Road.
CH2M HILL, will collect up to three samples for water column particulate selenium from
three of the water quality sampling sites.
CH2M HILL will collect algae, benthic and water column invertebrates, fish, and bird eggs
from the Nahrre Park pond for total selenium analysis.
CH2M HILL will compare the results with the 2008 sampling and bird eggs will be
compared to concentrations found in other parts of the Newport Bay watershed.
Bird eggs will be opened and embryos evaluated for effects characteristic of selenium
toricosis before sending them to the laboratory for chemical analyses.
CH2M HILL will collect flow estimates from up to ten locations for the area from the eastern
end of the Big Canyon golf course to just downstream of Back Bay Drive at the western end
of Big Canyon Creek Nature Park. Flow estimates will lie conducted) at the time of surface
water quality sample collection. Flow will be estimated by measuring average depth, cross -
section width, and velocity (using standard hand -held field velocity meter).
It is estimated that the sample collection, and analysis and reporting for the Big Canyon
Wash seleniunn source - hacking Program will take three months to complete.
T'he detailed scope and budget are attached and a sununary of Lhe tasks and estimated costs
are aS follows.
Task
Se Itoring and Initial Source Tracking
Project .4dministratil�n (including; I site meeting,, fol
Istaff, and I teleconference)
Sample Collection
I'a I;C) —rato r v_A I —,,, I I V,-i i I —C1 Q) L-1 i I v
Laboratoi Y Anal.Y.qis - Sojenium Spi�cw,5
Laboratory Analysis- Particulate fraction Selenium
Laboratory Analysis - hinta
Total Laboratory Ana]yses
Subcontractor overhead chirgo: 10%'
. .... ..... I., --- ---- Embr.yo Analysis
Sample Preparation and Pick-up
. ... .... . . .......
11
TOTAL
Sincerely,
Ron Weddle
Contracts ManagOr
N,. of Sa-nn pl e
qCost l"Si ate
.1
(if 6iL
S 9,192
20
'S 250
$ 4,515
$ 480
S 6.100
16,345
1,635
1,584
. .... .....
S 1,660
— ---------
$ 100
$ 22,458 __
577,868
BIG CANYON WASH WETLANDS RESTORATION PROJECT
SELENIUM MONITORING PHASE 11 — PRELIMINARY SOURCE TRACKING and
SELENIUM MONITORING PROJECT
Introduction
Big Canyon Wash is a small tributary drainage to Upper Newport Bay that drains a
watershed of approximately 2 square miles (Figure 1). The majority of the
watershed (approximately 96 %) is highly developed with homes, commercial areas,
a golf course, cernetery, and other urban features. The 60 -acre undeveloped portion
of Big Canyon Wash (Big Canyon Creek Nature Park) has been identified by the
Southern California Wetlands Recovery Project (SCWRP) as an important resource
that is in need of restoration. The City of Newport Beach was directed by the City
Council to move forward with restoration efforts in the canyon (Weston, 2007).
Weston Solutions was hired to establish baseline water quality conditions in the
canyon and to assess appropriate design elements that could be incorporated into
the restoration plan to address identified existing or future water quality issues
(Weston, 2007).
The resultant study conducted by Weston Solutions (2007) showed that water
column concentrations throughout the lower part of Big Canyon west of Jamboree
Road exceed the California Toxics Rule (CTR) freshwater chronic criterion for
selenium of 5 micrograms per liter (pg /L) under both wet and dry conditions. In
addition, investigations by Southern California Coastal Research Project (SCCWRP;
Sutula et al., 2008) have indicated that selenium concentrations in soils in the lower
portion of Big Canyon Wash (near Back Bay Drive) exceed the selenium screening
value for substantial ecological risk of 4 milligrams per kilogram (mg /kg) dry weight
(Presser et al. 2004). Selenium is a bioaccumulative compound that has been
associated with reproductive impairment in fish and birds. Ecological risk screening
values for selenium are shown in Table 1.
Table 1. Ecological Risk Screening Levels for Selenium
Media
Ecological Risk Level (mg/ q dw
T None
Marginal
Substantive
_
Freshwater
<2 AIL
2 -5 /L
>5 /L
Sediment
<2
2 -4
_ >4
Diet fish & birds
"
3 -7
>7
Fish Tissue
<4
4-6
>6
.- ..._...
Bird Egg Tissue
--
<6
-- -
6 -10
>10
(Source: Presser et al., 2004)
The sources of selenium in the watershed have not all been identified. The steep
cliffs that rim Big Canyon Wash are formed primarily of the Miocene Monterey
Formation. This formation is a known source of selenium in California and is a likely
source of selenium in Big Canyon. Selenium may have also accumulated in the
canyon bottom soils, especially in the freshwater marsh areas.
The changes in canyon hydrology and the areas tributary to Big Canyon Wash as
the watershed has developed have likely contributed to the mobilization of selenium.
Urban landscape irrigation, the construction of an 18 -hole golf course in the up-
gradient part of the canyon east of Jamboree Road (Figure 1), Big Canyon
Reservoir, and storm drain systems that discharge to the canyon, have changed the
canyon's flow regime from ephemeral to perennial. This has resulted in significant
changes in habitat and has likely contributed to the high selenium concentrations
that have been found in the soils and water in the canyon.
A baseline monitoring study in the Big Canyon Creek Nature Park was recently
completed by CH2M HILL. From June 9 -11, 2008, CH2M HILL staff collected
samples of water, sediment, and biota from different areas within the nature park to
evaluate selenium concentrations and potential impacts in the food webs in the area
Samples were collected from the up- gradient portion of the canyon just west of
Jamboree Road, in the freshwater marsh and riparian areas in the upper and middle
sections of the canyon, and in the fresh and salt water marshes in the lower part of
the canyon. Biological samples collected and submitted for analysis included algae,
dragonfly larvae, crayfish, mosquito fish, fathead minnows, and African clawed frogs
No nesting birds were observed at the time and therefore, no bird eggs were
collected. Several of the water column samples were also submitted for selenium
speciation analysis.
The data collected indicate that selenium concentrations in sediment and the biota in
the park are extremely high — an order of magnitude higher than the concentrations
measured in biota in the San Diego Creek watershed — despite the fact that the total
selenium concentrations in the surface waters in Big Canyon Creek are similar to
those measured in the lower part of San Diego Creek (Table 2). The selenium
concentrations in water, sediment, and tissue collected from Big Canyon Creek
Nature Park all exceeded the ecological risk screening values shown in Table 1.
Selenium concentrations in sediment as high as 122 mg /kg dry weight (dw) were
found in the lower freshwater marsh ponds. Fish tissue concentrations in this area
range from 58 -64 mg Se /kg dw, and algae and dragonfly larvae selenium
concentrations exceed 30 mg /kg dw. Selenium concentrations in sediment and
biota were elevated throughout the park, even in the middle and upper sections of
the canyon. Selenium concentrations in sediment at these locations, though not as
elevated as that seen in the lower freshwater marsh ponds, are still elevated well
above screening levels (20 -27 mg Se /kg dw; Figure 4) and algae, crayfish, fish
(fathead minnow and mosquito fish), and frogs were also extremely high (35 -57
mg /kg dw).
Table 2. Comparison of Median Selenium Concentrations in Surface Waters in San
Diego Creek Basin No. 2 and the Biq Canyon Creek Nature Park
Water
15 p /L
19 /L
Sediment
0.5 m /k d weight
54 /k
m d wei ht
Macroinvertebrates
7 m /k d weight
2 m fk d wei ht
7 m /k d weight
57 k d
m / weight
Selenium speciation data indicate that the selenium in the surface flows that enter
the nature park from upstream of Jamboree Road is composed of a significant
amount of the more bioavailable inorganic form of selenium known as selenite (Se
IV) than the flows in the San Diego Creek watershed. Approximately 21 percent ( %)
of the selenium in the baseflow in the canyon was composed of selenite, 78% was
selenate (Se VI), and less than 1% was organic selenium (primarily, methylselenic
acid). Since the majority of selenium in groundwater is in the form of selenate (this
is supported locally by the data collected from storm drain #1 [LBCW- SD #1], which
flows year round due to groundwater leakage into the storm drain, the presence of
so much selenite in the flows at the upper end of the park indicate that it is likely that
conversion of selenate to selenite is occurring upstream of the park. Within the
nature park, the percentage of selenite continues to increase downstream with 30-
40% of the selenium in the lower freshwater marsh ponds being composed of
selenite. The percentage of organic selenium also increases from less than I% at
the upper end of the park to nearly 3% in the ponds.
The presence of the relatively high proportions of selenite in the surface waters in
the park is the most likely reason for the extremely high concentrations of selenium
in sediment, algae, invertebrates, frogs, and fish. The concentrations of selenium in
the fish and frogs are well into to the range of selenium concentrations that are
associated with deformities (teratogenesis) in fish and birds. It is likely that turtles
and some birds may be similarly affected. It is therefore, very important that the
sources of selenium in the surface water flows that enter the park, and the
mechanism(s) for the conversion of selenate to selenite that occur(s) up- gradient of
the park, be identified so that steps may be taken to try to control, mitigate, or
eliminate them before the surface waters enter the park. The sources of selenium
also need to be identified so that the plans for the nature park restoration can be
modified, if necessary, to incorporate selenium treatment or source controls, or, if
impairment due to selenium continues to occur under post- restoration conditions,
additional remediation options can be considered.
Potential Sources of Water Selenium and Selenium Conversions in the Big Canyon
Watershed
Sources within the Nature Park
There are seven storm drains that have been identified in the nature park. Five of
these drains are located on the north side of the canyon and two on the south side.
The westernmost storm drain on the north side of the canyon (SD #1) appears to flow
perennially and has a small catchment area at its discharge point. Water flows from
the catchment into the riparian area located along the northern side of the lower part
of the canyon. Given the volume of the flow from this drain, it is likely that the drain
is intercepting groundwater. The selenium concentration measured in the water
from this drain during the recent baseline monitoring investigation was 13 µg /L.
Based on CH2M HILL's recent reconnaissance and sampling in the nature park, one
other flowing storm drain (SD #3) was identified along the north side of the canyon.
The selenium concentration in the water flowing from this drain was very low ( <5
µg /L).
Groundwater may also surface within the canyon itself, though CH2M HILL staff did
not see any obvious signs of groundwater seepage while they were conducting the
baseline monitoring investigation. However, baseflow in the creek has not been
sequentially measured from the up- gradient to the down gradient end of the creek to
determine if rising groundwater is contributing to the surface flows.
Big Canyon Golf Course
The Big Canyon Golf Course and Country Club is located upstream of the nature
park between Jamboree Road and MacArthur Boulevard (Figure 1). This privately
owned and operated golf course was constructed in Big Canyon Wash in the late
sixties /early seventies and opened in 1971. Several lakes and creeks can be seen
on the course (Figure 2). According to golf course personnel (Jeff Beardsley, Big
Canyon Country Club greens supervisor, personal communication, May 20, 2008)
there was no visible water present when the golf course was constructed.
Currently, surface flows enter the golf course at three main locations east of
MacArthur Boulevard (Figure 2). Mr. Beardsley has estimated the flows from each
of these drainages. The northernmost stream enters the golf course through a 30-
inch pipe at a flow rate of about 25 gallons per minute (gpm) and drains the northern
"port" streets area of Newport Hills Estates. The middle stream enters the course
through a 72 -inch pipe at a rate of approximately 100 gpm and drains the southern
port streets area of Newport Hills Estates. The southernmost stream flows onto the
course at a rate of about 90 -100 gpm through a 72 -inch pipe; the drainage extends
up to Big Canyon Reservoir and drains this area and the residential areas located
just west of the reservoir. Additional water flows from storm drains from the
residential areas located within and adjacent to the Big Canyon golf course. All of
this water flows through the golf course into their ponds and riparian areas. The
flows join near the west end of the golf course, just east of the maintenance building,
then exit the course and flow through a large culvert that extends underneath
Jamboree Road to the nature park (Figure 2). Mr. Beardsley has estimated that
approximately 300 gpm in surface water exits the golf course and enters the nature
park (faxed map received August 6, 2008). Mr. Beardley has also observed that
irrigation from upstream residences in the morning hours results in noticeable
increases in the surface water flows that enter the golf course.
The surface water that enters the golf course is not used for irrigation, but feeds the
lakes and creeks that dot the course. The course uses approximately 60%
reclaimed water from the Irvine Ranch Water District and 40% potable water from
the Green Acres project to irrigate their greens. The lakes on the golf course may
be converting selenate to selenite, which would explain the high concentrations of
selenite in the surface waters entering the Big Canyon Nature Park.
Tributary Streams to Big Canyon Creek
As previously noted, three main drainages (Big Canyon Wash north, middle and
south branches) appear to conduct surface flows from the upstream areas through
the Big Canyon golf course where they join prior to continuing down into the nature
park and Upper Newport Bay. The south branch passes through the Harbor View
Nature Park which appears to contain a riparian corridor. If the surface waters in
this branch of the creek contain selenium, there may be some conversions of
selenate to selenite occurring in this part of the tributary. There also may be other
areas within the three tributaries where selenium conversions could occur if
selenium is present within surface water flows.
Big Canyon Reservoir
The Big Canyon Reservoir is a 23 -acre facility that was constructed in 1958 as a
drinking water reservoir and has a capacity of 195 million gallons (George Murdock,
City of Newport Beach, personal communication, May 15, 2008). The reservoir is
owned and operated by the City of Newport Beach Utilities Department and was
recently fully covered (as of September 2004) to prevent water loss from evaporation
and contamination from airborne pollutants. Though the reservoir is asphalt -lined
and underlain by a five -foot deep clay layer, it does leak and a system of
underdrains and piezometers around the reservoir track the rate and amount of
leakage. This slow leakage from the reservoir likely contributes to groundwater
recharge. The water table at the base of the reservoir dam is around eight (8) feet
below grade (George Murdock, City of Newport Beach, personal communication,
May 15, 2008).
Pacific View Memorial Park
Pacific View Memorial Park cemetery and mortuary (Figure 1) opened in 1958 in
Corona del Mar. The 45 -acre facility includes private garden estates, sloping lawns
and abundant landscaping. Irrigation of the park grounds may contribute to
groundwater recharge and selenium mobilization in the area. Two fountains and two
artificial streams on the grounds constantly recycle water so there is no infiltration
from those systems (Cathy Wadsworth, office manager, Pacific View Memorial Park,
personal communication, May 19, 2008).
Residential and Commercial Landscape Irrigation
Approximately 96% of the Big Canyon watershed has been developed for urban use
with homes, schools, and commercial operations. Much of the urban area is heavily
landscaped and irrigated providing another source of infiltrating water to the
watershed; however, the magnitude of the contribution of this source to surface and
groundwater flow in Big Canyon Wash is not known.
Shallow Groundwater Upstream of Big Canyon Creek Nature Park
A perched shallow water table underlies the site of the old Ford Aeronutronic
property located north of Ford Road, between Jamboree Road and MacArthur
Boulevard (Geomatrix, 2008). A groundwater divide bisects the site and in the
southern portion of the site, groundwater flows almost due west to the northwestern
quadrant of the golf course. Groundwater likely surfaces somewhere either on the
golf course or just on the west side of Jamboree Road in the Nature Park. Water
quality samples collected from the monitoring wells at the site have not yet been
analyzed for selenium concentrations.
There is also a high water table in the Spyglass Hill area beneath the Newport Hills
Estates area (the port streets) located upstream of the nature park near the Big
Canyon Reservoir (George Murdoch, City of Newport Beach, personal
communication, May 15, 2008). The shallow groundwater from this area also likely
contributes to the surface and subsurface flows that enter the golf course and
ultimately, the nature park.
Unidentified Sources
There may be other sources of water and groundwater to Big Canyon Wash and the
golf course that are not readily identifiable. The source investigation should
determine if all potential sources of selenium and their relative contributions to
selenium loads in the canyon have been identified.
Proposed Scope of Work
A combination of sampling water, algae, and biota in Big Canyon Wash and flow
estimates throughout the Big Canyon watershed will be conducted to evaluate the
potential sources and loads of pollutants entering the drainage.
Water samples (Se speciation) will be collected from the Big Canyon Wash
freshwater pond outlet, mid -pond, inlet, and below Jamboree Road. In addition,
algae, benthic and water column invertebrates, fish, and bird eggs will be collected
from the pond for total selenium analysis. These samples will be compared to the
results of the 2008 sampling effort and bird eggs will be compared to concentrations
found in other parts of the Newport Bay watershed. Bird eggs will be opened and
embryos evaluated for effects characteristic of selenium toxicosis before sending
them to the laboratory for chemical analyses.
Since it appears that the golf course ponds may play an important role in the
conversion of selenate to the more bioavailable selenite before the surface flows
enter the nature park, the selenium source tracking investigation should also focus
on identifying the following:
• Sources of water that may enter the golf course grounds, both as surface
flows and subsurface flows (former Ford plant, Spyglass Hill area, tributary
drainages to Big Canyon creek);
• Surface water flow paths through the golf course to Big Canyon Creek;
• Selenium concentrations, selenium species, and flow estimates in surface
flows before they enter the golf course;
• Selenium concentrations, and selenium species in the creeks and ponds on
the golf course; flow estimates where appropriate;
• Selenium concentrations, selenium species, and flow estimates in the surface
waters that enter the golf course (Big Canyon Wash north, middle, and south
branches) and exiting the golf course, under Jamboree Drive.
Investigation of Big Canyon Wash Hydrology and Pollutant Sources and Loads
The flow regimes in the Big Canyon watershed need to be defined in terms of
groundwater contributions or losses (gaining reaches or losing reaches of the creek)
in baseflows, and water sources and pollutant transport mechanisms. Storm drains
and urban runoff are readily identifiable sources of flow to the drainage, but it is not
known whether rising groundwater conditions occur within the nature park, the golf
course, or elsewhere in the watershed. In order to determine the groundwater
contributions and pollutant sources and loads in the Big Canyon drainage, estimates
of flow must be added to water quality sampling. Water quality and selenium
analyses have already been conducted on water column samples collected from the
nature park in June 2008 by C112M HILL. However, sampling of the creeks and
ponds on the golf course has not yet been conducted and the flows in the creek in
the nature park and the golf course have not yet been measured to determine dry
season baseflow conditions.
Sample Collection and Analysis
Samples must be collected and processed in accordance with Surface Water
Ambient Water Monitoring Program (SWAMP) protocols. Analytical laboratory
results must be reported in SWAMP database format. Original analytical laboratory
reports, including quality assurance /quality control reports and chain -of- custody
documents, should also be submitted in electronic format as Adobe Acrobat pdf files.
Field observations should include the presence or absence of algae or water plants,
riparian vegetation along creek areas, benthic and water column invertebrates (e.g.,
chironomid larvae [blood worms], dragonfly or mayfly larvae, waterboatmen
[corixids], or crayfish), amphibians (frogs or turtles), fish, and birds. Any
groundwater seeps or springs should also be identified. Sample sites and stream
transects /gauging stations should be located using GPS coordinates.
The water quality samples should be collected from the locations shown on Figure 2
(up to 21 samples if there is water at all the sample sites) plus the three samples
from the lower Nature Park pond and should be analyzed for the listed groups of
constituents (Table 3). In addition, three samples will be collected for water column
particulate selenium from three of the water quality sampling sites (locations to be
determined, based on obvious availability of particulates in the water at the time of
sampling). The particulate fraction samples and all dissolved fraction samples will
be filtered in the laboratory within 24 hours of sample collection. Algae, benthic and
water column invertebrates, fish, and bird eggs will be collected from the Nature
Park pond in the lower canyon, as available. It is anticipated that three to five
samples may be collected from each of these four main tissue types (12 to 20 biota
samples, total). Table 4 provides the individual parameters for each group of
constituents for water and tissue.
Table 3. Water Q ality Samples and Flow Estimates by Location
SAMPLE
LOCATION
SAMPLES
Flow
Estimate
Tissue Total .
Selenium .
Water Quality
Parameters
Selenium
Species
INFLOW 1
1
1
1
1
INFLOW 2
1
1
1
1
INFLOW 3
1
1
1
1
INFLOW 4
1
1
1
1
INFLOW 5
1
1
1
1
INFLOW 11
1
1
1
1
INFLOW 15
1
1
1
1
OUTFLOW
1
1
1
1
LAKE 1
1
1
1
LAKE 3
1
1
1
LAKE 4
1
1
1
LAKE 5
1
1
1
LAKE 6
1
1
1
RIPARIAN 1
1
1
1
1
RIPARIAN 2
1
1
1
1
RIPARIAN 3
1
1
1
1
Golf Course
Irrigation Water
1
1
1
Lower Nature Park
Pond
3
20
3
3
QA/QC Duplicates
1
1
1
Total Samples
21
1 11
1 20
21
21
The following Table 4 lists the recommended analytical parameters for the water
column and biota tissue samples and Table 5 lists the analytical methods and
detection limits:
Table 4. Analytical Parameters
Water Column Samples
Tissue Samples
Water Quality Parameters
Total Recoverable Se
Total Dissolved Selenium
Total Selenium
Total Recoverable Selenium
ICP -MS w /DRC
Particulate fraction selenium
(groundwater samples)
Trace Metals (Cd, Cu, Cr, Ni, Pb, Zn)
Trace Metals (Cd, Cu, Cr, Ni, Pb, Zn)
Hardness (as CaCO3)
HPLC - ICP -MS w /DRC
Total Dissolved Solids
SeVI
Total Suspended Solids
Percent ( %) Solids
Dissolved Oxygen
Dissolved Organic Carbon
Organic Se
pH
<0.1 µg /L
Temperature
Selenium species
NA
Selenate
Selenite
Methylselenitic acid
Selenomethionine
Selenoc anite
Table 5. Recommended Analytical Methods and Detection Limits for Selenium in
Water
Constituent
Analytical Method
Method Detection Limit
Total Recoverable Se
ICP -MS w /DRC*
<0.5 /L
Dissolved Se
ICP -MS w /DRC
<0.5 pg /L
(groundwater samples)
Selenium Species:
HPLC - ICP -MS w /DRC
SeVI
<0.1 gg /L
SeIV
<0.1 Ng /L
Organic Se
<0.1 µg /L
Selenomethionine
Selenocyanate
Methyl selenic acid
* Dynamic Reaction Cell (DRC)- lowers detection limits and eliminates matrix interferences
ICP -MS w /DRC: Inductively Coupled Plasma Mass Spectrometry with Dynamic Reaction Cell
HPLC - ICP -MS w /DRC: High Performance Liquid Chromatography - Inductively Coupled
Plasma- Mass Spectrometry with Dynamic Reaction Cell
Stream Flow estimates
Ten locations are currently proposed for flow estimates for the area from the eastern
end of the Big Canyon golf course to just downstream of Back Bay Drive at the
western end of Big Canyon Creek Nature Park. Flow estimates will be conducted at
the time of surface water quality sample collection. Flow will be estimated by
measuring average depth, cross - section width, and velocity (using standard hand-
held field velocity meter).
Reporting
It is estimated that the sample collection, and analysis and reporting for the Big
Canyon Wash selenium source - tracking program will take three months to complete.
Estimated Sampling, Analytical, and Reporting Costs
The proposed scope of work is based on existing information and CH2M HILL staff's
professional best judgment. Actual conditions in the field may differ and require
adjustments to the number and type of samples and sample locations. The actual
number of stream flow estimates and biota samples and their locations will be
determined in the field and should be based on existing stream flow conditions and
biota availability. Therefore, all costs should be considered preliminary and subject
to change based on the actual number of samples collected, field conditions,
consultant fees, and laboratory rates for the recommended analyses.
The following tasks and costs have been estimated:
Table 6. Tasks and Estimated Costs
Task
No, of Samples
(if applicable)
Estimated Cost
Se Monitoring and Initial Source Tracking
Project Administration (including 1 site meeting for
2 staff, and 1 teleconference)
$ 9,192
Sample Collection
$ 24,894
Laboratory Analysis - Water Quality
21
$ 5,250
Laboratory Analysis - Selenium Species
21
$ 4,515
Laboratory Analysis- Particulate Fraction Selenium
3
$ 480
Laboratory Analysis - biota
20
$ 6,100
Total Laboratory Analyses
$ 16,345
Subcontractor overhead charge: 10%
$ 1,635
Embryo Analysis
5
$ 1,584
Sample Preparation and Pick -up
$ 1,660
Sample Pick -up
$ 100
Reporting
$ 22,458
SUBTOTAL
$77,868
10
References
Byron, E. and G. Santolo, 2008, Big Canyon Wash Wetlands Restoration, Baseline
Selenium Results, draft report dated July 25, 2008, prepared by CH2MHi11 for the
City of Newport Beach and the Santa Ana Regional Water Quality Control Board.
Presser, T., D. Piper, K. Bird, J. Skorupa, S. Hamilton, S. Detwiler and M. Huebner,
2004, The Phosphoria Formation: A Model for Forecasting Global Selenium Sources
in the Environment. In J. Hein, ed., Life Cycle of the Phosphoria Formation: From
Deposition to the Post - Mining Environment. Elsevier Publications.
Sutula, M., J. Brown, and E. Fetscher, 2008, Habitat Value of Urban Wetlands, final
report dated March 5, 2008, prepared by the Southern California Coastal Water
Research Project for the Los Angeles Regional Water Quality Control Board, Grant
Agreement No. 04- 090 - 554 -0.
Weston Solutions, Inc., 2007, Big Canyon Creek Flow and Water Quality
Assessment. Report prepared for WRC Consulting Services, Inc.
Weston Solutions, Inc., 2008, Big Canyon wet weather results unpublished data.
City of Newport Beach NO. BA- 09BA -051
BUDGET AMENDMENT
2008 -09 AMOUNT: $s1,7s1.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations I No effect on Budgetary Fund Balance
SOURCE:
X from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations from the Irrigation Smart Controller Program to the Big Canyon Creek Restoration
Project and to increase revenue estimates and expenditure appropriations due to a contribution from the Orange County
Nitrogen Selenium Management Program for the Big Canyon Creek Restoration Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund/Division Account
250 4889
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Contributions - Governmental Award
Signed:
Signed:
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
F
$40,000.00
$41,761.00
Automatic System Entry.
$40,000.00
$41,761.00
�Z7J
Date
Date
Date
Description
Division
Number
7251
Contributions - Capital
Account
Number
CS100709
Big Canyon Creek Restoration
Division
Number
7014
General Fund - Misc Capital
Account
Number
C5100969
Irrigation Smart Controller Program
Division
Number
7014
General Fund - Misc Capital
Account
Number
C5100709
Big Canyon Creek Restoration
Signed:
Signed:
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
F
$40,000.00
$41,761.00
Automatic System Entry.
$40,000.00
$41,761.00
�Z7J
Date
Date
Date
synYB)
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC.
FOR BIG CANYON CREEK RESTORATION PROJECT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of thisday of u 200, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporat n ("CITY"), and VA CONSULTING, INC.
a California Corporation whose address is 17801 Cartwright Road, Irvine, California,
92614 ("CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for engineering
design services for the Big Canyon Creek Restoration project, hereinafter referred
to as "PROJECT".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT and to extend the term of the AGREEMENT to
December 31, 2009.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed TWO HUNDRED
EIGHTY-NINE THOUSAND, NINE HUNDRED TWENTY-FIVE Dollars and
no/100 ($289,925.00) without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2009.
r0�
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APP OVED AS TO FOR
-
City Attorney
for the City of Newport Beach
ATTEST:
By:Aao-"_�1N1ti�
Leilani Brown,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF EWPORT BEA H,
A Mur/14 Corgbr•,atiok
Ivrayor- u
for the City of Newport Beach
CONSULTANT: VA CONSULTING, INC.
By:
®rporate icer)
Title: President and CEO
Print Name: Max P. Vahid
By: /
(Financial Officer)
Title: Secretary and CFO
Print Name: Michael S. Carter
F:\users\cat\shared\ContractTemplatesPublishedonlntranet\FORMPSAAmendment.doc
VAI
CONSULTING
December 30, 2008
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884
Dear Mr. Reader,
EXHIBIT A
This letter is a change order request for additional engineering design services related to the Big
Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December
11, 2007). The change order supersedes our previous letter dated December 19, 2008.
These additional services include engineering design and plan revisions required for converting
the upper sediment basin into a larger freshwater pond as well as the incorporation of a new
sediment basin at the Jamboree Road culvert outlet. Also included in this proposal is the
preparation of a preliminary engineer's opinion of probable construction costs, services required
for selenium monitoring and testing within the Project watershed, and development of the Salt
Marsh Bird's Beak Monitoring Plan. During the course of the Project to date, VA Consulting,
Inc. (VA) has also provided on-call services that were not included in our original scope of work
for the final design of the Project.
A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a
breakdown of VA's hours and tasks is included as Attachment A. We will provide our services
on a time -and -materials, not -to -exceed basis in accordance with the attached fee schedule
(Exhibit A).
SCOPE OF SERVICES
Requested Tasks
Revised Freshwater Pond and Sediment Basin
VA will prepare grading plans to change the location of the sediment basin and
freshwater pond. The size of the revised freshwater pond (or ponds) will be large
enough to satisfy requirements of the regulatory agencies. VA also understands
that the revised freshwater ponds will be maintained with potable water and will
incorporate a liner system.
VA Consulting, Inc.
Corporate Office
Orange County Division
17801 Cartwright Road
Irvine, CA 92614
Phone 949.474.1400
Fax 949.261.8482
X:\Projects\373_0400\Admi n\C001 _BigCanyonCreek_121708R EV ISED3f. doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 2 of 7
VA will also investigate the use of reclaimed water rather than potable water to
maintain the freshwater ponds. Therefore, this task includes the design of the
necessary water supply line and the design of the pond liner system. VA will
design a new sediment basin at the Jamboree culvert outlet and will perform the
hydraulic calculations required to design the sediment basin spillway and energy
dissipater features. The design will incorporate a subterranean wetland as
requested by the Regional Water Quality Control Board (RWQCB). VA will also
investigate capturing creek low -flows and groundwater at the Jamboree Road
outlet to Big Canyon as a means of selenium management. Captured flow would
be piped to the bay such that selenium concentrations would be diluted with bay
waters. These revisions will require changes to 13 existing plan sheets and the
addition of four new sheets to the Project Plans. This task also includes the
preparation of two conceptual designs as requested by the City on June 3 and
November 14, 2008. A third conceptual design will be developed upon
clarification of Project habitat, goals, which will be defined by the regulatory
agencies at the forthcoming meeting. The total VA fee for this task is $43,008
and will be billed on a time -and -materials basis.
WRA will participate in the placement and configuration of the upper freshwater
pond and the new sediment basin. WRA will prepare documents summarizing
impacts to existing habitat in Big Canyon as a result of the proposed expansion
of the freshwater marsh to be distributed to resource agency personnel after
review by the City of Newport Beach. WRA will also review the existing
environmental documentation and permits, and perform any revisions that are
necessary to reflect the new freshwater pond and sediment basin configurations.
WRA will prepare landscape architectural drawings and specifications for the
wetland portions of the revised plans and will participate in telephone
conferences to coordinate these changes up to the limits of their budgetary
allocation. A breakdown of WRA hours and tasks is included as Attachment B of
this letter. The total WRA fee for this task is $42,856and will be billed on a time -
and -materials basis.
The Department of Fish and Game has requested more detailed mapping of
vegetation within Big Canyon. LSA will provide vegetation mapping using the
Orange County Habitat Classification System. A breakdown of LSA tasks,
budgets, and fee schedule are included as Attachment C to this letter. The total
LSA fee for this task is $4,600 and will be billed on a time -and -materials basis.
LSA will revise restoration planting areas to address the changes to habitats due
to the new configuration of the upper freshwater pond and sediment basin. LSA
will revise the Invasive Species Removal Zones and Phasing to reflect the
changes in grading impacts and will revise the Restoration Plan Specifications to
reflect the changes in habitat types and plant and seed mixes as required. LSA
will revise the Invasive Species Removal Specifications to reflect the changes to
the invasive species zones and phasing, and will participate in coordination
meetings required for these changes up to the limits of their budgetary allocation.
A breakdown of LSA tasks, budgets, and fee schedule are included as
Attachment D to this letter. The total LSA fee for this task is $4,900 and will be
billed on a time -and -materials basis.
XAProjects\373_0400\Admin\C001 _BigCanyonCreek_121708R EVI SED3f. doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 3 of 7
Geosoils will provide an additional subsurface investigation at the site of the new
sediment basin and provide addendum documentation addressing the revised
freshwater pond and new sediment basin. GSI has indicated that the Feasibility
Study plan for the access road and culvert extension required only minor grade
changes in the area, without significant alterations to existing grades. Thus,
shallow hand -auger explorations were performed in this area consistent with the
nature of the proposed improvements. The presently proposed sediment basin
in this area, however, will require excavations and fills that alter existing grades
by approximately 10 to 15 feet. Therefore, the deeper exploration methods as
proposed in this request are needed to determine the slope stability of in-situ
materials, potential settlement of fills, possible remediation of fill foundations, and
quantity of spoilage material that may require off-site disposal. A breakdown of
Geosoils hours and tasks is included as Attachment E of this letter. The total
Geosoils fee for this task is $7,504 and will be billed on a time -and -materials
basis.
Please be advised that the final Project configuration has not been defined
through input from the regulatory agencies. This forthcoming input may alter the
Project configuration to an extent that the fee for this task may need to be
increased. If a fee increase is warranted, VA will notify the City of the causal
Project configuration changes and will also provide the incremental increase in
cost for this task.
2. Preliminary Operation and Maintenance Plan
Based on past permit processing activities, VA understands that the regulatory
agencies have requested the inclusion of an operation and maintenance plan
with their respective permit applications. VA will determine the periodic operation
and maintenance activities for all Project components. The results of this
determination will be summarized in a preliminary Operations and Maintenance
Plan for use in obtaining the required regulatory permits for the Project. The total
VA fee for this task is $5,976 and will be billed on a time -and -materials basis.
3. Preliminary Opinion of Probable Construction Costs
VA will prepare a preliminary quantity estimate for the items of work depicted on
the Project Improvement Plans including the relocated freshwater pond and new
sediment basin. The quantity estimates will be itemized along with corresponding
units of measurement. VA will then create an opinion of probable construction
costs from the quantity estimate by applying VA's in-house unit cost data or as
published in the current cost date manuals. The total VA fee for this task is
$6,511 and will be billed on a time -and -materials basis.
The Acorn group will provide preliminary quantities and costs for the interpretive
and regulatory signage panels. The total Acorn Group fee for this task is $100
and will be billed on a time -and -materials basis.
WRA will provide preliminary quantities and costs for the tidal and freshwater
wetland plantings. The total WRA fee for this task is $1,000 and will be billed on
a time -and -materials basis.
XAProjects\373_0400\Admin\C001 _BigCanyonCreek_121708R EV ISED3f.doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 4 of 7
LSA will provide quantities and costs for the riparian and upland plantings, as
well as for the proposed invasive species removals. The total LSA fee for this
task is $1,000 and will be billed on a time -and -materials basis.
Please be advised that the final Project configuration has not been defined
through input from the regulatory agencies. This forthcoming input may alter the
Project configuration to an extent that the fee for this task may need to be
increased. If a fee increase is warranted, VA will notify the City of the causal
Project configuration changes and will also provide the incremental increase in
fee for this task.
4. Selenium Monitoring
CH2MHill has conducted water column, sediment, and biological sampling for
analysis for the presence of selenium. Biological sampling included the
collection of algae, macro -invertebrates, bird eggs, fish, and other specimen.
CH2MHill produced a report of their findings which has been submitted to the
City for review. At the direction of the City, the fees for these services have been
invoiced against tasks and budgets established in VA's initial Project
authorization. The total CH2MHill fee for this task is $73,111 and will be billed on
a time -and -materials basis.
5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan
WRA has prepared and submitted to the California Department of Fish and
Game (CDFG) a technical report with an in-depth analysis of the Salt Marsh
Bird's Beak population in the vicinity of the restoration project. The report
identifies the magnitude and extent of potential impacts that could result from the
implementation of the Project. The total WRA fee for this task is $1,944 and will
be billed on a time -and -materials basis.
At the request of CDFG a monitoring plan will be developed to incorporate
avoidance and monitoring measures for the Salt Marsh Bird's Beak Plant. WRA
will develop a soil salinity monitoring program, a hydrology monitoring program, a
Bird's Beak seed collection plan, and performance criteria to determine the
success of impact avoidance to the Bird's Beak population during the monitoring
period. Due to the fact that the monitoring plan is not yet developed, the
implementation cost is not yet known. Therefore implementation of the
monitoring plan is not included in this cost. The total WRA fee for this task is
$5,161 and will be billed on a time -and -materials basis.
It is understood that changes to the plans will be required by CDFG upon
conclusion of their review of the WRA report. It is also understood that CDFG
has requested the preparation of a surface water hydrology study to demonstrate
that the project will not significantly alter surface drainage patterns to the habitat
located on the southerly side of the project, downstream of the existing Back Bay
Drive. Therefore this task provides for changes to four plan sheets that presently
depict Project areas in the vicinity of the existing Salt Marsh Bird's Beak
population and the additional hydrology study. The total VA fee for this task is
$15,013 and will be billed on a time -and -materials basis.
X:\Projects\373_0400Wdmin\C001 _BigCanyonCreek_121708R EV I SED3f.doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 5 of 7
6. Revisions to Feasibility Study Design
The original scope of services for the Project was to provide Final Engineering
based on the Project as depicted in the Feasibility Study. VA proceeded to
design the project based on the Feasibility Study as specified. This resulted in a
base grading plan and supporting hydraulic analyses that were presented to the
City on February 15, 2008. While proceeding with design activities, revisions
were required that significantly altered the configuration of the saltwater and
freshwater components of the facility and overall hydraulic performance of the
facility as originally defined in the Feasibility Study. These revisions were made
to address comments issued by CDFG, the Regional Water Quality Control
Board, and the City of Newport Beach. The total VA fee for this task is $19,042
and will be billed on a time -and -materials basis.
7. Easement Mapping and Legal Description
VA Consulting will provide mapping of all the existing easements within Big
Canyon as described in the Preliminary Title Report Order Numbers 153425 and
153425a by Stewart Title dated October 22, 2008 and October 23, 2008
respectively, provided by the City. VA Consulting will also prepare (1) legal
description and plat for the sewer line and sewer maintenance road along the
easterly property line at Jamboree Road within APN 440-092-079. The total VA
fee for this task is $4,960 and will be billed on a time -and -materials basis.
8. Mitigated Negative Declaration
As a result of continuing final design activities, further definition of environmental
conditions, and impacts associated with the Project have been defined. As such,
changes in the Project configuration and functions are forthcoming. In response
to these changes, the Existing Project CEQA document, i.e. the Mitigated
Negative Declaration, will require changes of such an extent that a new CEQA
document is anticipated. This task includes the preparation of a Mitigated
Negative Declaration for the revised Project. A breakdown of WRA hours and
tasks is included as Attachment F of this letter. The total WRA fee for this task is
$11,564 and will be billed on a time -and -materials basis.
9. Subconsultant Management, Coordination, and Work Review
This task provides for subconsultant management, coordination, and review of
subconsultant work -product as the Project progresses. The total VA fee for this
task is $5,689 and will be billed on a time -and -materials basis.
10. Project Management, Meetings, and Coordination
Project management, meetings, and coordination activities to -date have depleted
our original budget authorization for these activities. This task provides for an
additional 120 man-hours of project management activities related to the
oversight and management of the various Project subconsultants and
coordinating the transfer of information between subconsultants, VA and the City.
X:\Projects\373_0400\Admin\C001 _BigCanyonCreek_121708R EV ISED3f. doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 6 of 7
This task also provides for an additional 120 man-hours for the purpose of
preparing for and attending meetings as requested by the City. The total VA fee
for this task is $35,986 and will be billed on a time -and -materials basis.
Il. FEES
Reauested Tasks
1. Revised Freshwater Pond & Sediment Basin.............................................$102,868
2.
Preliminary Operation and Maintenance Plan ............................................$
5,976
3.
Preliminary Opinion of Probable Cost ........................................................$
8,611
4.
Selenium Monitoring..................................................................................$
73,111
5.
Salt Marsh Bird's Beak Technical Report and Monitoring Plan ...................$
22,118
6.
Revisions to Feasibility Study Design.........................................................$
19,042
7.
Easement Mapping and Legal Description .................................................$
4,960
8.
Mitigated Negative Declaration..................................................................$
11,564
9.
Subconsultant Management, Coordination, and Work Review ...................$
5,689
10.
Project Management, Meetings, and Coordination .....................................
35,986
TOTALFEES.....................................................................................................$289,925
If you have any questions or require additional information, please feel free to contact Dan
Villines or me at (949) 474-1400 or John Wolter at (951) 340-0030.
Sincerely,
'"Max P. Vahid, P.E.
President and CEO
M PWkam
Enclosure — Exhibit A /
Attachments A through F
cc: Dan Villines
John Wolter
Contracts
XAProjeds\373_0400Wdmi n\C001 _BigCanyonCreek_12170BREV IS ED3f. doc
EXHIBIT A
VA CONSULTING, INC.
FEE SCHEDULE
Staff Classification
Civil Engineering and Planning Services
Hourly Rate
President.........................................................................................................................
$190
Division President/Division Manager...............................................................................$173
Sr. Vice President/Vice President/ Exec. Director............................................................$163
Director...........................................................................................................................
$160
SeniorProject Manager...................................................................................................$155
ProjectManager..............................................................................................................$147
Assistant Project Manager..............................................................................................$142
Senior Project Engineer/Senior Design Supervisor/Senior Planner.................................$137
Project Engineer/Design Supervisor................................................................................$132
Senior Design Engineer/Senior Designer........................................................................$122
DesignEngineer/Planner................................................................................................$117
Designer.........................................................................................................................$110
Assistant Engineer/Assistant Planner..............................................................................$100
Research and Processing Coordinator..............................................................................$95
SeniorCADD Technician..................................................................................................
$90
JuniorEngineer.................................................................................................................$85
CADDTechnician..............................................................................................................$80
EngineeringIntern.............................................................................................................$70
OfficeSupport/Clerical......................................................................................................$69
Field Survey and Mapping Services
Director of Survey and Mapping......................................................................................$158
Managerof Field Survey......................................................................................................
$130
Survey and Mapping Associate.............................................................................................
$95
Surveyand Mapping Technician...........................................................................................
$75
3 -Man GPS Crew.................................................................................................................
$235
2 -Man GPS Crew.................................................................................................................
$205
1 -Man GPS Crew.................................................................................................................
$175
Special Services
Litigation.............................................................................................................................. $450
Notes:
1. Invoices will be prepared for all services through the end of each calendar month. f .
2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays
will be surcharged at a rate of 170% of the standard hourly rates.
3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus
10%. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead.
4. In-house reprographics charges: B&W Bond copies $1.00/sq.ft, Color Bond $6.00/sq.ft.
5. Mileage will be billed at standard mileage rates set by IRS. 2008 rates currently listed at $0.585 per mile.
X:\Projects\373_04001Admin\C001_BigCanyonCreek_121708REVISED3f.doc G -OU E
AT-rAc.AM&Arr E-
ITEM
N T
COST
EXTENSION'
FIELD EXPLORATION
Field Geologist/Engineer
$100.00
6.0
$600.00
Bucket -Auger Drill Rig
$225.00
6.0
$1 X0.00
Mileage
$35.00
LABORATORY TESTING
.Maximurn Dry Density
$150.00
1
$150.00
Moisture/ Dry Density
$20.00
6
20.004
$120.00
Sieve Analysis
$150.00
2
0000
$300.00
Expansion Index
$135.00
2
$270.00
Atterberg Limits
2
$225.00
R -Value Test
$232.50
1
$232.50
Direct Shear
$150.00
1
$150.00
General Corrosivity Test
(Resistivity, pH, Soluble Salt)
$150.00
1
$150.00
ANALYSIS AND REPORT PREPARATION/MISC.
Principal Geologist/Engineer
1 60 D11
$-160.DD
4.0
$ E3:4:0:0
=0
Staff GeoiogisVEngineer
$100.00
14.0
$1,400.00
Technical Illustrator
$69.00
H
4.0
E4
$276.00
Technical Typist
$65.00
3.0
$195.00
Reproduction/Office Services/Misc. Exp.
$300.00
PREVIOUS MEETINGS ATTENDED BY PROJECT MANAGERS
Project Engineer/Geologist
$130.00
7
$910.00
Staff Engineer/Geologist
$100.00
2
$200.00
VAConsulting, Inc.
Big Canyon Creek Rentoration'Newport Beach
R|*:d:\°p1ftc\ssoo\5snua1.00r
- - -- ~
VVD.55S5'A1-OC
May 27,20O8
Page
-F
M. Josselyn
Senior Technician
GIS Technician
JOB NO: 13075-2
PROJECT: Big Canyon Restoration Plan
W RA
RATE SCHEDULE
Effective January 2009
$240 per hour
$98
$89
Bud et Prepared: 12/11/Ud I)y NF,vv
Rate Amount
M. Josselyn
$240 $1,680
Senior Technician
$98 $8,820
ESTIMATED COST
$89 $712
Expenses
$352
Time Assignment in Hours
----------------------------------------------
Sen GIS
Expenses
Labor
Total
Task Description
MJ Tech Tech
1. Revision of Initial Study
3 30
4 $110
$4,016
$4,126
2. Public and Agency Comment Responses
3 25
$22
$3,170
$3,192
3. Final CEQA Documentation
1 15
4 $110
$2,066
$2,176
4. Project Coordination and Meetings
20
$110
$1,960
$2,070
Total Hours
7 90
8
Total Expense
$352
Total Labor
$11,212
Estimated Total Cost
$11,564
EXPENSES
Task
1. Revision of Initial Study
2. Public and Agency Comment Responses
3. Final CEQA Documentation
4. Project Coordination and Meetings
Total
Copy . Post/ Total Plus 10%
Costs Tele
100 $100 $110
20 $20 22
100 $100 110
100 $100 110
220 100 $320 $352
Staff
Rate Amount
M. Josselyn
$240 $1,680
Senior Technician
$98 $8,820
GIS Technician
$89 $712
Expenses
$352
Estimated Total Cost
$11,564
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A Revised Freshwater Pond and Sediment Basin
VA Consulting
1 Development of 3 Conceptual Plans
---- -- ----
- --
2 Upper Freshwater Pond Grading-
_
3 Sediment Basin Grading 16
4 Subterranean Wetland Design and Details 16
5 Sediment Basin EnergyDissipater Design 12
6 Sediment Basin Spillway Design 4
7 Additional Rough Grading Sheet ro
- -- -----.. ..
8 Sheet RG2-Index and Construction Not --es _ _ 30
9 Sheet RG5-Revise Rough Grading Plan _;-0-
10
010 Sheet RG6- Revise Rough Grading Plan 10
11 Sheet RG8- Add Upper Pond and Sediment Basin Se_c_ti010
12 Sheet RG9- Revise Sediment Basin Access Ramp 10
13 Sheet RG1_0-_Add Sediment Basin Spillway _Profile 10
14 Sheet RG11- Add Sediment Basin Spillway Section_ 10
15
She -et -4G-1 4- Revise Sewer Maintenance Road 10
16 Sheet RG 15- Revise Storm Drain Pipe Extension _ ;0
17 Sheet IS_2- Revise Invasive Species Removal Phasing 0
heet
18 SRP3- Revise Restoration Planting Plan 8
19 Sheet RP4- Revise Restoration Planting Plan _8
---- -_...-------------------
20 Sheet RP6-Revise Restoration Planting Plan 8
21 Sheet RPB -Revise Restoration Planting Plan 8
22 Water SupplyLine Plan 6
23 Water Supply Line Details 0
24 Pond Liner Details 0
0
WRA -- ----
1 Assistance With Revised Freshwater Pond Configuration
2 Impact Summary
_3 Update Environmental Documents and Permit Applications
_....---_____ .------
----.__..
4 Update Wetland Planting Plans _
5 Meetings and Coordination
1 Vegetation Mapping
2 Vegetation Mapping Reimbursable Expenses
Update date Restoration Planting Areas
4 Update Invasive Species Removal Zones and Phasing
5 Update Restoration Plans Specifications
6 Update Invasive Species Removal Specifications
7Meetings and Coordination
8 Update Plans and Specifications Reimbursable Expenses
Geosoils
21 Laboratory testing.
3 Analysis and Report Preparation_
4 Meetings and Coordination
B Preliminary Operation and Maintenance Plan
VA Consulting
1 Plan Text
2 Plan Figures
- C Preliminary Opinion of Probable Construction Cost
VA Consulting
1 Quantity Estimate
2 Cost Associated with Quantity
Acorn Group -- - ---
1 lCost Estimate
WRA
1 Cost Estimate
LSA
1 Cost Estimate
xw,q«aaz3 oaoow„q�Tecnoo�:w��nsca.i E:�,.�m �e,.p,ie,zzsoe.N:
Expenses
Subconsultants
Total
hrs
Fees
hrs
Fees
$0
..
- -
--
40
12
$5,290
$0
-
- - $0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
-- -
-
12
14
------ 6
4
8
- _ _... 6
8
8
8
8
8
8
8
8
--------5-----
5
5
-----$1,546
$1,546
$1,872
-- $814
$570
$930
--- - $750
$930
$930
$930
$930
$930
$930
$930
$930
$628
$0
$0
$0
-- $0
--
----
$0
$o
$628
$628
- $0
$0
$�
--
- _---
'-.---
- 5
-.
-$628
5
---.----- 52
- - 52
$628
$6,370
---- $6.370
---
-- -$0
- -
- -
--------
$9,023
$3,401
------- $o
--------
- ----- 52---
$6.370
$9,023
$3,401
$6,702
$20.810
$2,920
$4,500
$6,702
$20,810
$2,920
$4,500
$100
$100
-----
$960
$960$960
----$1.0----
,080
08
---.
$960
..$1.080
,080
------
--
$840
- -
---
$840
- -
- -
$100
_ -
_---
- $100
$1,985
$1,985
-
-
$1,598
$2,811
----
--- $1,598
$2,811
$1,110
$1,110
$0:
0
' $59,860
347
' $102,868
_.-.-$0
$0
26
20
$3,500
$2,476
$0
0
$0
46
$5,976
$4,883
$1,628
$0
$0
37
12
$100
$100
$1,000
$1,000
$1,000
$1,000
a
i_�
now, ,
_,
D
1
2
3
4
Selenium Monitoring
CH2MHill
Project Administration
Sample Collection -
Sediment & Tissue Laboratory Analysis
Reporting
54950
$0
58,471
$22,836
$20,332
$21,472
$8,471
$22,936
$20332
$21,472
1
2
_ 3
4
Revision of Initial Study
E
1
2
1
2
3
Salt Marsh Bird's Beak Technical Report and K0.
---
Technical Report
Monitoring Plan
--
VA Consulting
Site Visit
Hydrology Study 10
Tidal Marsh Grading 17
Sheet RG3- Revise Grading Plan A
Sheet RG4- Revise Grading Plan )2
Sheet RP1- Revise Restoration Planting Plan 0
$0
0
$73,111
0
$73,111
$0
$0
$0
$0
$0
$0
$0
$3,192
- $2,176
$1,944
-
- --_---
$1.944
-_---$5,161
$1,140
$6,347
$2,604
$1,592
$1,110
$1,110
$1,110
$5,161---
8
49
20
15
10
10
10
4
5
6
7
---- - ----------
Sheet RP2- Revise Restoration Planting Plan !o
'0
I
-
Subconsultant Management, Coordination, and
F
1
2
3
4
Revisions to Feasibility Study Design 9
Revise Tidal & Freshwater Marsh and Pond Grading
Update Hydraulic Analyses 18
Revise Circulation Plan 12
Revise Interpretive Area Grading '6
?6
$0
0
$7,105
122
$22,118
54
32
30
30
$6,998
$4,232
$0
_-_-$0
$0
$0
3
$3,906
8
$3,906
G Easement Mapping and Legal Description? 0 50 146 - 519,042•
VA Consulting
1 Mapping of Existing Easements Within Big Canyon--_ -- __._.__. -_
2 One Legal Description For Sewer Line and Access Road o $o 1 s $3,040
-
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WRA
54950
$0
-__$4,126
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Public and Agency Comment Responses
Final CEQA Document
$4,126
-_
_._
$3,192
- $2,176
-
$3,192
- $2,176
Project Coordination and Meetings
-
- --_---
$2,070
$2,070
I
-
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CITY OF NEWPORT BEACH
CITY COUNCIL SUPPLEMENTAL STAFF REPORT
Supplemental Agenda Item No. 12
January 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3322 or rstein @city.newport - beach.ca.us
SUBJECT: Big Canyon Creek Restoration Project - Approval of
Amendment No. 1 to Professional Services Agreement with VA
Consulting, Inc.
Revised Amendment No. 1 to Professional Services Agreement
with VA Consulting, Inc., of Irvine, California, for design services at
a contract price of $289,925 and authorize the Mayor and City
Clerk to execute the Agreement.
The attached amendment was reviewed and approved by the City
Attorney's Office and replaces the draft amendment included with
the City Council staff report for this item.
Prepared by:
Bob Stei
Assistant City Engineer
Submitted by:
;pWn G. Badum
blic Works Director
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC.
_.... - FOR "BIG - CANYON CREEK "RESTORATION "PROJECT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this _ day of 200, by and between the.CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VA CONSULTING, INC.
a California Corporation whose address is 17801 Cartwright Road, Irvine, California,
92614 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering
design services for the Big Canyon Creek Restoration project, hereinafter referred
to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT and to extend the term of the AGREEMENT to
December 31. 2009.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed TWO HUNDRED
EIGHTY -NINE THOUSAND, NINE HUNDRED TWENTY -FIVE Dollars and
no /100 ($289,925.00) without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
Sri the date first above written
APP OVED AS TO FOR
jr City Attorney
for the City of Newport Beach
ATTEST:
Leilani Brown,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
F fusers\ cat\ shared\ ContractTemp latesPublishedonIntranet\F ORMPSAAmendment.doc
n
1
CONSULTING
December 30, 2008
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Dear Mr. Reader,
EXHIBIT A
This letter is a change order request for additional engineering design services related to the Big
Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December
11, 2007). The change order supersedes our previous letter dated December 19, 2008.
These additional services include engineering design and plan revisions required for converting
the upper sediment basin into a larger freshwater pond as well as the incorporation of a new
sediment basin at the Jamboree Road culvert outlet. Also included in this proposal is the
preparation of a preliminary engineer's opinion of probable construction costs, services required
for selenium monitoring and testing within the Project watershed, and development of the Salt
Marsh Bird's Beak Monitoring Plan. During the course of the Project to date, VA Consulting,
Inc. (VA) has also provided on -call services that were not included in our original scope of work
for the final design of the Project.
A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a
breakdown of VA's hours and tasks is included as Attachment A. We will provide our services
on a time - and - materials, not -to- exceed basis in accordance with the attached fee schedule
(Exhibit A).
SCOPE OF SERVICES
Requested Tasks
Revised Freshwater Pond and Sediment Basin
VA will prepare grading plans to change the location of the sediment basin and
freshwater pond. The size of the revised freshwater pond (or ponds) will be large
enough to satisfy requirements of the regulatory agencies. VA also understands
that the revised freshwater ponds will be maintained with potable water and will
incorporate a liner system.
VA Consulting, Inc.
Corporate Office
Orange County Division
17801 Cartwright Road
Irvine, CA 92614
Phone 949.474.1400
Fax 949.261.8482
X: \ProjeM\373_0400Wdmin \CO01 BigCanyonCreek _121708RENSED3tdoc
Off� rvtne o RaI ees in: unho'A7lrage ,' -1 1 11
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 2 of 7
VA will also investigate the use of reclaimed water rather than potable water to
maintain the freshwater ponds. Therefore, this task includes the design of the
necessary water supply line and the design of the pond liner system. VA will
design a new sediment basin at the Jamboree culvert outlet and will perform the
hydraulic calculations required to design the sediment basin spillway and energy
dissipater features. The design will incorporate a subterranean wetland as
requested by the Regional Water Quality Control Board (RWQCB). VA will also
investigate capturing creek low -flows and groundwater at the Jamboree Road
outlet to Big Canyon as a means of selenium management. Captured flow would
be piped to the bay such that selenium concentrations would be diluted with bay
waters. These revisions will require changes to 13 existing plan sheets and the
addition of four new sheets to the Project Plans. This task also includes the
preparation of two conceptual designs as requested by the City on June 3 and
November 14, 2008. A third conceptual design will be developed upon
clarification of Project habitat, goals, which will be defined by the regulatory
agencies at the forthcoming meeting. The total VA fee for this task is $43,008
and will be billed on a time - and - materials basis.
WRA will participate in the placement and configuration of the upper freshwater
pond and the new sediment basin. WRA will prepare documents summarizing
impacts to existing habitat in Big Canyon as a result of the proposed expansion
of the freshwater marsh to be distributed to resource agency personnel after
review by the City of Newport Beach. WRA will also review the existing
environmental documentation and permits, and perform any revisions that are
necessary to reflect the new freshwater pond and sediment basin configurations.
WRA will prepare landscape architectural drawings and specifications for the
wetland portions of the revised plans and will participate in telephone
conferences to coordinate these changes up to the limits of their budgetary
allocation. A breakdown of WRA hours and tasks is included as Attachment B of
this letter. The total WRA fee for this task is $42,856and will be billed on a time -
and- materials basis.
The Department of Fish and Game has requested more detailed mapping of
vegetation within Big Canyon. LSA will provide vegetation mapping using the
Orange County Habitat Classification System. A breakdown of LSA tasks,
budgets, and fee schedule are included as Attachment C to this letter. The total
LSA fee for this task is $4,600 and will be billed on a time - and - materials basis.
LSA will revise restoration planting areas to address the changes to habitats due
to the new configuration of the upper freshwater pond and sediment basin. LSA
will revise the Invasive Species Removal Zones and Phasing to reflect the
changes in grading impacts and will revise the Restoration Plan Specifications to
reflect the changes in habitat types and plant and seed mixes as required. LSA
will revise the Invasive Species Removal Specifications to reflect the changes to
the invasive species zones and phasing, and will participate in coordination
meetings required for these changes up to the limits of their budgetary allocation.
A breakdown of LSA tasks, budgets, and fee schedule are included as
Attachment D to this letter. The total LSA fee for this task is $4,900 and will be
billed on a time - and - materials basis.
X:\Proieds \373_04o0\Admin\CD01 6igCany .Creek_121708REVISED3I.doe
�Qf}Sces fn :�f rrne Ccu•ana � PaCm Deser t
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 3 of 7
Geosoils will provide an additional subsurface investigation at the site of the new
sediment basin and provide addendum documentation addressing the revised
freshwater pond and new sediment basin. GSI has indicated that the Feasibility
Study plan for the access road and culvert extension required only minor grade
changes in the area, without significant alterations to existing grades. Thus,
shallow hand -auger explorations were performed in this area consistent with the
nature of the proposed improvements. The presently proposed sediment basin
in this area, however, will require excavations and fills that alter existing grades
by approximately 10 to 15 feet. Therefore, the deeper exploration methods as
proposed in this request are needed to determine the slope stability of in -situ
materials, potential settlement of fills, possible remediation of fill foundations, and
quantity of spoilage material that may require off -site disposal. A breakdown of
Geosoils hours and tasks is included as Attachment E of this letter. The total
Geosoils fee for this task is $7,504 and will be billed on a time - and - materials
basis.
Please be advised that the final Project configuration has not been defined
through input from the regulatory agencies. This forthcoming input may alter the
Project configuration to an extent that the fee for this task may need to be
increased. If a fee increase is warranted, VA will notify the City of the causal
Project configuration changes and will also provide the incremental increase in
cost for this task.
2. Preliminary Operation and Maintenance Plan
Based on past permit processing activities, VA understands that the regulatory
agencies have requested the inclusion of an operation and maintenance plan
with their respective permit applications. VA will determine the periodic operation
and maintenance activities for all Project components. The results of this
determination will be summarized in a preliminary Operations and Maintenance
Plan for use in obtaining the required regulatory permits for the Project. The total
VA fee for this task is $5,976 and will be billed on a time - and - materials basis.
3. Preliminary Opinion of Probable Construction Costs
VA will prepare a preliminary quantity estimate for the items of work depicted on
the Project Improvement Plans including the relocated freshwater pond and new
sediment basin. The quantity estimates will be itemized along with corresponding
units of measurement. VA will then create an opinion of probable construction
costs from the quantity estimate by applying VA's in -house unit cost data or as
published in the current cost date manuals. The total VA fee for this task is
$6,511 and will be billed on a time - and - materials basis.
The Acorn group will provide preliminary quantities and costs for the interpretive
and regulatory signage panels. The total Acorn Group fee for this task is $100
and will be billed on a time - and - materials basis.
WRA will provide preliminary quantities and costs for the tidal and freshwater
wetland plantings. The total WRA fee for this task is $1,000 and will be billed on
a time - and - materials basis.
X:TrojeVs1373_0400NC6iMC001 BigCanyon0T eV.12170BREViSED31.doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 4 of 7
LSA will provide quantities and costs for the riparian and upland plantings, as
well as for the proposed invasive species removals. The total LSA fee for this
task is $1,000 and will be billed on a time - and - materials basis.
Please be advised that the final Project configuration has not been defined
through input from the regulatory agencies. This forthcoming input may alter the
Project configuration to an extent that the fee for this task may need to be
increased. If a fee increase is warranted, VA will notify the City of the causal
Project configuration changes and will also provide the, incremental increase in
fee for this task.
4. Selenium Monitoring
CH2MHill has conducted water column, sediment, and biological sampling for
analysis for the presence of selenium. Biological sampling included the
collection of algae, macro- invertebrates, bird eggs, fish, and other specimen.
CH2MHill produced a report of their findings which has been submitted to the
City for review. At the direction of the City, the fees for these services have been
invoiced against tasks and budgets established in VA's initial Project
authorization. The total CH2MHill fee for this task is $73,111 and will be billed on
a time - and - materials basis.
5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan
WRA has prepared and submitted to the California Department of Fish and
Game (CDFG) a technical report with an in -depth analysis of the Salt Marsh
Bird's Beak population in the vicinity of the restoration project. The report
identifies the magnitude and extent of potential impacts that could result from the
implementation of the Project. The total WRA fee for this task is $1,944 and will
be billed on a time- and - materials basis.
At the request of CDFG a monitoring plan will be developed to incorporate
avoidance and monitoring measures for the Salt Marsh Bird's Beak Plant. WRA
will develop a soil salinity monitoring program, a hydrology monitoring program, a
Bird's Beak seed collection plan, and performance criteria to determine the
success of impact avoidance to the Bird's Beak population during the monitoring
period. Due to the fact that the monitoring plan is not yet developed, the
implementation cost is not yet known. Therefore implementation of the
monitoring plan is not included in this cost. The total WRA fee for this task is
$5,161 and will be billed on a time- and - materials basis.
It is understood that changes to the plans will be required by CDFG upon
conclusion of their review of the WRA report. It is also understood that CDFG
has requested the preparation of a surface water hydrology study to demonstrate
that the project will not significantly alter surface drainage patterns to the habitat
located on the southerly side of the project, downstream of the existing Back Bay
Drive. Therefore this task provides for changes to four plan sheets that presently
depict Project areas in the vicinity of the existing Salt Marsh Bird's Beak
population and the additional hydrology study. The total VA fee for this task is
$15,013 and will be billed on a time- and - materials basis.
X\Projec1s\373 040MAdrrm1 0001_ B1gCanyonCreek _121708REVISED3f.doc
cesaq-;7rvtrie ,Corona PatinQeset# ,
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page 5 of 7
6. Revisions to Feasibility Study Design
The original scope of services for the Project was to provide Final Engineering
based on the Project as depicted in the Feasibility Study. VA proceeded to
design the project based on the Feasibility Study as specified. This resulted in a
base grading plan and supporting hydraulic analyses that were presented to the
City on February 15, 2008. While proceeding with design activities, revisions
were required that significantly altered the configuration of the saltwater and
freshwater components of the facility and overall hydraulic performance of the
facility as originally defined in the Feasibility Study. These revisions were made
to address comments issued by CDFG, the Regional Water Quality Control
Board, and the City of Newport Beach. The total VA fee for this task is $19,042
and will be billed on a time - and - materials basis.
7. Easement Mapping and Legal Description
VA Consulting will provide mapping of all the existing easements within Big
Canyon as described in the Preliminary Title Report Order Numbers 153425 and
153425a by Stewart Title dated October 22, 2008 and October 23, 2008
respectively, provided by the City. VA Consulting will also prepare (1) legal
description and plat for the sewer line and sewer maintenance road along the
easterly property line at Jamboree Road within APN 440- 092 -079. The total VA
fee for this task is $4,960 and will be billed on a time - and - materials basis.
8. Mitigated Negative Declaration
As a result of continuing final design activities, further definition of environmental
conditions, and impacts associated with the Project have been defined. As such,
changes in the Project configuration and functions are forthcoming. In response
to these changes, the Existing Project CEQA document, i.e. the Mitigated
Negative Declaration, will require changes of such an extent that a new CEQA
document is anticipated. This task includes the preparation of a Mitigated
Negative Declaration for the revised Project. A breakdown of WRA hours and
tasks is included as Attachment F of this letter. The total WRA fee for this task is
$11,564 and will be billed on a time - and - materials basis.
9. Subconsultant Management, Coordination, and Work Review
This task provides for subconsultant management, coordination, and review of
subconsultant work - product as the Project progresses. The total VA fee for this
task is $5,689 and will be billed on a time - and - materials basis.
10. Project Management, Meetings, and Coordination
Project management, meetings, and coordination activities to -date have depleted
our original budget authorization for these activities. This task provides for an
additional 120 man -hours of project management activities related to the
oversight and management of the various Project subconsultants and
coordinating the transfer of information between subconsultants, VA and the City.
X: Wrgeds\373_ 060014dnin\ CO01_ BigCanyonCreek __121708REVISED3f.doc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 30, 2008
Page a of 7
This task also provides for an additional 120 man -hours for the purpose of
preparing for and attending meetings as requested by the City. The total VA fee
for this task is $35,986 and will be billed on a time- and - materials basis.
II. FEES
Requested Tasks
1. Revised Freshwater Pond & Sediment Basin ...................... .......................$102,868
2. Preliminary Operation and Maintenance Plan .............. ..............................$ 5,976
3. Preliminary Opinion of Probable Cost .......................... ..............................$ 8,611
4. Selenium Monitoring ..$ 73,111
5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan ...................$ 22,118
6. Revisions to Feasibility Study Design ........................... ..............................$ 19,042
7. Easement Mapping and Legal Description ................... ..............................$ 4,960
8. Mitigated Negative Declaration .................................... ..............................$ 11,564
9. Subconsultant Management, Coordination, and Work Review ...................$ 5,689
10. Project Management, Meetings, and Coordination ...... ............................... 1 35,986
TOTALFEES ............................................... ............................... .......................$289,925
If you have any questions or require additional information, please feel free to contact Dan
Villines or me at (949) 474 -1400 or John Wolter at (951) 340 -0030.
Sincerely,
Aa
C <
�M P: Vahid, P.E.
President and CEO
MPV /kam
Enclosure — Exhibit A /
Attachments A through F
cc: Dan Villines
John Wolter
Contracts
X.\Proie0s1373_O400VWmiMCO01 BigCanyonCweek 121708REVISE03f.doc
EXHIBIT A
VA CONSULTING, INC.
FEE SCHEDULE
411111111116-
Staff Classification
Civil Engineering and Planning Services
Hourly Rate
President.................................................................................... ...............................
$190
Division President/Division Manager ..................... ............................... ...........................$173
Sr. Vice President/Vice President/ Exec. Director .. ............................... ...........................$163
Director............................................................................................ ...............................
$160
SeniorProject Manager ......................................... ............................... ...........................$155
ProjectManager .................................................... ............................... ...........................$147
AssistantProject Manager .................................... ............................... ...........................$142
Senior Project Engineer /Senior Design Supervisor /Senior Planner ...... ...........................$137
Project Engineer /Design Supervisor ...................... ............................... ...........................$132
Senior Design Engineer /Senior Designer .............. ............................... ...........................$122
Design Engineer /Planner ...................... ............................. ...............................
..............$117
Designer.......................................................................................... ...............................
$110
Assistant Engineer /Assistant Planner .................... ............................... ...........................$100
Research and Processing Coordinator... _ . .... ............... .......................... .......................
$95
SeniorCADD Technician ...................................................................... ............................$90
JuniorEngineer .................................................................................. ...............................
$85
CADDTechnician .................................................................................. ............................$80
EngineeringIntern ................................................................................. ............................$70
OfficeSupport /Clerical .......................................................................... ............................$69
Field Survey and Mapping Services
Director of Survey and Mapping ....................................... ...............................
Manager of Field Survey .......................
Survey and Mapping Associate ............
Survey and Mapping Technician ..........
3 -Man GPS Crew ... ...............................
2-Man GPS Crew, .................................
1 -Man GPS Crew ............................
Special Services
Litigation .................
................ $158
................................... I......... $130
................ ............................... $95
................ ............................... $75
.............. ............................... $235
.............. ............................... $205
.............. ............................... $175
......................................... ............................... $450
Notes:
1. Invoices will be prepared for all services through the end of each calendar month. 1
2. Overtime, when requested by the client, will be surcharged at a rate of 1350/ of the standard houry rates. Sundays and holidays
will be surcharged at a rate of 170% of the standard hourly rates.
3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus
10 %. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead.
4. In -house reprographics charges: B &W Bond copies $1.00/sq.ft, Color Bond $6.00 /sq.ft.
5. Mileage will be billed at standard mileage rates set by IRS. 2008 rates currently listed at $0.585 per mile.
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City al Nowporl Beach
Big Canyon Creek Restoration Wgect
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ATTACHMENT B
WRA
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR DESIGN AND PERMITTING
Note: Total includes tasks 1, 3, and :5
.02;
prip
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imironmental
e with Revised Freshwater Pond Configuration
3
601
83
63
$8,940
urnmary
12
25
0
37
$3,401
Documents and Permit Applications
601
8
110
68
$6,592
41
Update Wetland Planting Plans
2
56
122
19
132
331
$20.678
5
Meetings and Coordination
5
5
10
55
201
$2,865
6
Cost Estimate I
1
10
1 $1,000
7
Salt Marsh Bird's Beak Techincal Memo
6
5
so
$1,944
8
Salt marsh Bird's Beak Monitoring Plan
45
8
53
$5.122
TOTAL HOURSJ
14
87
56
137
127
60
461
TOTAL FEES
$3,3
$�9,179
$6,496
$13,704
$12,446
$5,357
$
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Note: Total includes tasks 1, 3, and :5
ATTACHMENT C
LSA Associates, Inc.
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR VEGETATION MAPPING
.Tasks
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11) . ..... t
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�,ExpensiiO
rs
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1
Vegetation Mapping
10
10
221
42
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2
Reimbursables
$100
1 -
TOTAL HOURS
10
10
22
421
TOTAL FEES
$1,500
$1,130
$1,870
$100
$4,600
f 6,�-(
- S150
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77 s
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Note: Total includes a portion of task 1
ATTACHMENT D
LSA Associates, Inc.
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR UPDATING PLANS AND SPECIFICATIONS
T- ski
p Description ` 4 `t' �i"
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Expenses
Total
° hrs
hr5.
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t {.
Fees
1
Restoration Planting Areas
8
_
8
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2
Invasive Species Removal Zones and Phasing
e
8
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3
Restoration Plan Specifications
4
4
8
$1,080
4
Invasive Species Removal Specifications
8
e
$960
5
Meetings and Coordination
4
2
e,
$840
6
Reimbursables
$100
7
Cost Estimate
8
8
$1,000
TOTAL HOURS
8
38
46
TOTAL FEES
$1,200
$4,600
$100
$5,900
$150'
. ,.._$120xs`"eati^?
-
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ITEM
RATE ..
HR_or UNIT
.; COST.
EXTENSION
FIELD EXPLORATION
Field Geologist/Engineer
$100.00
6.0
$600.00
Bucket -Auger Drill Rig
$225.00
6,0
$1,350.00
Mileage
$35.00
$1,9B5.00
LABORATORY TESTING
Maximum Dry Density
$150.00
1
$150.OD
Moisture! Dry Density
$20.00
6
$120.00
Sieve Analysis
$150.00
2
$300.00
Expansion Index
$135.00
2
$270.00
Atterberg Limits
$112.50
2
$225.00
R -Value Test
$232.50
1
$232.50
Direct Shear
$150.00
1
$150.00
General Corrosivity Test
(Resistivity, pH, Soluble Salt)
$150.00
1
$150.00
$1,597.50
ANALYSIS AND REPORT PREPARATION /MISC.
Principal Geologist/Engineer
$160.00
4.0
$640.00
Staff Geologist/Engineer
$100.00
14.0
$1,400.00
Technical Illustrator
$69.00
4.0
$276.00
Technical Typist
$65.00
3.0
$195.00
Reproduction /Office Services /Misc. Exp.
$300.00
$2,811.00
PREVIOUS MEETINGS ATTENDED BY PROJECT MANAGERS
Project Engineer /Geologist
$130.00
7
$910.00
Staff Engineer /Geologist
$100.00
2
$200.00
$ 1, 110.00
3• TOTAL'!;"
$7,,503 $0
VA Consulting, Inc.
Big Canyon Creek Restoration - Newport Beach
Re: d: \wp10 \oc \5500\5595a1.cor
W.O. 5595 -Ai -OC
May 27, 2008
Page 2
/j T7/1UJA e1V T P
JOB NO: 13075 -2
PROJECT: Big Canyon Restoration Plan
Task Description
1. Revision of Initial Study
2. Public and Agency Comment Responses
3. Final CEOA Documentation
4. Project Coordination and Meetings
Total Hours
Total Expense
Total Labor
WRA
RATE SCHEDULE
Effective January 2009
M. Josselyn
Senior Technician
GIS Technician
Time Assignment in Hours
San GIS
MJ Tech Tech
3 30
3 25
1 15
20
7 90
$240 per hour
$98
$89
Expenses Labor Total
4 $110 $4,016 $4,126
$22 $3,170 $3,192
4 $110 $2,066 $2,176
$110 $1,960 $2,070
8
$352
$11,212
EXPENSES
Task
Copy
. Post(
Total
Plus 10%
Costs
Tale
1. Revision of Initial Study
1DD
$100
$110
2. Public and Agency Comment Responses
20
$20
22
3. Final CEQA Documentation
100
$100
110
4. Project Coordination and Meetings
100 $100
110
Total
220
100 $320
$352
Staff
M.Josselyn
Senior Technician
GIS Technician
Rate Amount
$240 $1,680
$98 $8,820
$89 $712
$352
ATTACHMENT G
The Acorn Group
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR COST ESTIMATE
N \Ornbn��1'11i 11lM\F V�\TaM(Inn< \Fenn�a \MeI F<Ilmaln.InmNn�nlf90f1F nh 11131 /iooe
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
January 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
rstein(cilcity. newport- beach. ca. us
949 - 644 -3311
SUBJECT: BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH VA CONSULTING, INC.
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Professional Services Agreement with VA Consulting,
Inc., of Irvine, California, for design services at a contract price of $289,925 and
authorize the Mayor and City Clerk to execute the Agreement.
2. Approve a budget amendment recognizing contributions in the amount of $60,000
from County of Orange Coastal Impact Assistance Program (CIAP), $60,000 from The
Irvine Company, and $169,925 from the Irvine Ranch Conservancy and appropriating
$289,925 to Account No. 7251- C5100709 for Big Canyon Creek Restoration Project.
DISCUSSION:
On December 11, 2007, City Council approved a professional services agreement with
VA Consulting, Inc. for $435,159 to prepare the final construction drawings and obtain
permits from regulatory agencies. By March 2008, VA Consulting had submitted 65%
complete drawings to the City for review.
In April 2008, detailed results of water quality testing in Big Canyon Creek were
released showing elevated concentrations of selenium in the creek sediments and
water column. In July 2008, the RWQCB was adamant that follow -up testing should be
performed by CH2MHill. As the County of Orange agreed to fund most of the costs for
testing, the City directed VA consulting to hire CH2MHill to perform follow -up testing.
(This monitoring program was completed in July and invoiced against the City's design
agreement with VA Consulting. This extra work is included as a new task in the VA
amendment attached to this report.) The follow -up testing confirmed the high selenium
concentrations, not only in sediments and water column, but in tissue samples of
invertebrates, amphibians and fish. Given this information and the need for RWQCB
input on how to address the high selenium concentrations, the City suspended work on
Big Canyon Creek Restoration — Approval of Amendment 1 to Professional Services Agreement with VA Consulting, Inc.
January 13, 2009
Page 2
the construction documents while meetings were held with the Regional Water Quality
Control Board (RWQCB) and selenium experts to discuss options.
On November 18, 2008, a meeting was held among City, RWQCB, California
Department of Fish and Game (CDFG), Coastal Commission and Coastal Conservancy
to discuss how to move the project forward in a manner that would address the
selenium concern as well as another environmental issue involving a plant called the
Salt Marsh Bird's Beak. The agreement is outlined below.
1. The new restoration design will include a treatment system at the outlet of the
Jamboree Road culvert to reduce the levels of selenium and other toxic
constituents such as pesticides. As the selenium treatment process will be a
pilot project, the amount of selenium that will be removed is not known. (Note
that staff is discussing an option with the resource agencies to capture all stream
and groundwater flows and piping these flows directly to the Bay.) It is not
expected that the pilot project alone will be sufficient to remove selenium to safe
levels. It is expected that the City will be involved in a long -term program to
reduce selenium loads to the Big Canyon Restoration project area by gradually
reducing over - irrigation that occurs in the upstream watershed, reviewing means
to eliminate selenium from entering the water runoff and /or constructing a
treatment system.
2. Given that selenium levels will likely still exceed water quality standards even
with the pilot selenium removal installation, the RWQCB is not allowing creek
water to be used as the source of water for a future freshwater pond as originally
planned. After many discussions, the resources agencies have agreed with a
proposal to create a freshwater "pool" that would be filled with potable water.
(City staff is still exploring the option of using reclaimed water.) Once the pool is
filled, additional water would only be needed to make up for evaporation or other
minor losses. This pool would be lined to prevent selenium contaminated
groundwater from exfiltrating into the pool. In order to protect the lining from
being eroded during storm events, the pool will be located out of the flood zone.
3. The parties agreed that a new reconfigured design could move forward in
parallel with a:
• selenium source tracking and monitoring program and
• long -term selenium mitigation program.
The selenium source tracking and monitoring program has been initially
estimated to cost $200,000. Staff will do further research on this and then
prepare a report for City Council consideration.
One of the long -term selenium programs would entail encouraging residents to
reduce overwatering. Such a program could last ten years or more with annual
costs of $50,000.
Neither of these tasks is a part of this contract amendment.
Big Canyon Creek Restoration —Approval of Amendment Ito Professional Services Agreement with VA Consulting, Inc_
January 13, 2009
Page 3
4. CDFG raised the issue of the impacts on the existing Salt Marsh Birds Beak due
to the proposed dredging for the new tidal marsh and re- alignment of Back Bay
Drive. CDFG was concerned that the current fresh water and salt water mix,
which supports Salt Marsh Birds Beak habitat, would be changed due to the
proposed alignment of Back Bay Drive and the relocation of culvert outlets
further inland. VA's environmental consultant, WRA prepared a technical report
with an in -depth analysis of the Salt Marsh Birds Beak population in the vicinity
of the Restoration Project. CDFG replied to the WRA technical report and
requested further documentation to demonstrate that the project will not
significantly alter surface drainage patterns to the habitat located on the
southerly side of the project in the vicinity of the existing Salt Marsh Birds Beak
habitat. CDFG has also requested that a pre- and post - project monitoring plan
be developed to measure fresh water and salinity effects associated with the
project. The tasks needed to resolve these issues and develop the monitoring
plan are presented in VA Consulting's proposal for additional services. It is
anticipated that the completion of these tasks will negate the need for a
California Endangered Species Act permit as has been requested by CDFG.
The Big Canyon Creek Restoration Project also involves preparing a reimbursement
agreement with OCSD for design service cost for a OCSD maintenance road. In order to
complete the reimbursement agreement, an easement for this maintenance road needs
to be completed as well resolving questions of existing easements within Big Canyon
needs to be resolved. The fee for VA's services for this task is $5,000 which will be
included in the reimbursement agreement with OCSD.
To date, VA Consulting has spent about $415,000 of its contract which includes
preparation of the 65% construction drawings, performing selenium monitoring tasks
(new task) and assisting City staff in working with the jurisdictional agencies to review
new design options to deal with the selenium issue. Under this contract amendment,
VA would modify the design concept, conduct supplemental biological and geotechnical
surveys, ensure protection of the Salt Marsh Bird's Beak, design a selenium removal
basin, revise the construction drawings to relocate a freshwater pond out of the flood
zone, and prepare a new CEQA Mitigated Negative Declaration.
Funding Availability:
The County of Orange will contribute $60,000 in CIAP funds to for the selenium water
quality sampling and analysis. The Irvine Company will contribute $60,000 for the
preparation of the final construction documents. The Irvine Ranch Conservancy will
contribute $169,925 for the preparation of the final construction documents.
Account Description
Orange County CLAP
Irvine Company Contribution
Irvine Ranch Conservancy Contribution
Account Number
Amount
7251- C5100709
$ 60,000
7251- C5100709
60,000
7251- C5100709
16 9, 925
Total:
$289,925
Big Canyon Creek Restoration — Approval of Professional Services Agreement with VA Consulting, Inc.
January 53, 2009
Page 4
Funding for the construction of the project is anticipated from the Wildlife Conservation
Board ($2.5 million Proposition 50 Grant Funding Request) and The Irvine Company
($2.2 million).
Prepared by:
Robert Ste fn
Assistant City Engineer
Submitted
,,.Stephen G. Badum
Public Works Director
Attachment: PSA with VA Consulting, Inc.
Scope of Services prepared by VA Consulting Inc
Big Canyon Creek Restoration Exhibit
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC.
FOR BIG CANYON CREEK RESTORATION PROJECT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this day of , 200_, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VA CONSULTING, INC.
a California Corporation whose address is 17801 Cartwright Road, Irvine, California,
92614 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On December 11, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for engineering
design services for the Big Canyon Creek Restoration project, hereinafter referred
to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT and to extend the term of the AGREEMENT to
December 31, 2009.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein.by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed TWO HUNDRED
EIGHTY -NINE THOUSAND, NINE HUNDRED TWENTY -FIVE Dollars and
no /100 ($289,925.00) without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
M
Leilani Brown,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
M
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Print Name:
F: luserslcatlsharedl ContractTemplatesPublishedonlntranet lF OR MPSAAmendment. doc
EXHIBIT A
ONSU TINE
Decernbje 19, 2008
Mr. Mark Reader, P.E.
Project Manager
Public Works Depariment
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884'
Dear Mr. Reader,
This letter is a change order request for additional engineering design services related to the Big
Canyon Creek Restoration Project (Project) (Professional Services Agreement dated December
11, 2007). The change order supersedes our previous letter dated December 17, 2008.
These additional services include engineering design and plan revisions required for converting
the upper sediment basin into a larger freshwater pond as well as the incorporation. of a new
sediment basin at the Jamboree Road culvert outlet. Also included in this proposal is the
preparation of a preliminary engineer's opinion of probable construction costs, the design of an
ovennrater pier, services required for selenium monitoring and testing within the Project
watershed, and development of the Salt Marsh Bird's Beak Monitoring Plan. During the course
of the Project to date, VA Consulting, Inc. (VA) has also provided on -call services that were not
included in our original scope of work for the final design of the Project.
A detailed scope of services is provided in Section I and fees in Section II of this letter. Also a
breakdown of VA's hours and tasks is included as Attachment A, We will provide our services
on a time -and- materials, not -to- exceed basis in accordance with the attached fee schedule
(Exhibit A).
SCOPE OF SERVICES
Requested Tasks
Revised Freshwater Pond and Sediment Basin
VA will prepare grading plans to change the location of the sediment basin and
freshwater pond. The size of the revised freshwater pond (or ponds) will be large
enough to satisfy requirements of the regulatory agencies. VA also understands
that the revised freshwater ponds will be maintained with potable water and will
incorporate a liner system.
VA . nnsuliln „, ruc.
Or.:nyc. Cnnwy L`ixivi,m
1% 01 f'urPxi >h: Rnatl
CA 92614
Phonr'k!`LI I =i.I L'Ai
XiPro; ez15�3' i3, 0< OOl/¢ �min�0001_ Ltig( :an��mfrPCk_127)OBREl9$Efi3e.Jx
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 19, 2008
Page 2 of 7
VA will also investigate the use of reclaimed water rather than potable water to
maintain the freshwater ponds. Therefore, this task includes the design of the
necessary water supply line and the design of the pond liner system. VA will
design a new sediment basin at the Jamboree culvert outlet and will perform the
hydraulic calculations required to design the sediment basin spillway and energy
dissipater features. The design will incorporate a subterranean wetland as
requested by the Regional Water Quality Control Board (RWQCB). VA will also
investigate capturing creek low -flows and groundwater at the Jamboree Road
outlet to Big Canyon as a means of selenium management. Captured flow would
be piped to the bay such that selenium concentrations would be diluted with bay
waters. These revisions will require changes to 13 existing plan sheets and the
addition of four new sheets to the Project Plans. This task also includes the
preparation of two conceptual designs as requested by the City on June. 3 and
November 14, 2008. A third conceptual design will be developed upon
clarification of Project habitat, goals, which will be defined by the regulatory
agencies at the forthcoming meeting. The total VA fee for this task is $43,000.
WRA will participate in the placement and configuration of the upper freshwater
pond and the new sediment basin. WRA will prepare documents summarizing
impacts to existing habitat in Big Canyon as a result of the proposed expansion
of the freshwater marsh to be distributed to resource agency personnel after
review by the City of Newport Beach. WRA will also review the existing
environmental documentation and permits, and perform any revisions that are
necessary to reflect the new freshwater pond and sediment basin configurations.
WRA will prepare landscape architectural drawings and specifications for the
wetland portions of the revised plans and will participate in telephone
conferences to coordinate these changes up to the limits of their budgetary
allocation. A breakdown of WRA hours and tasks is included as Attachment B of
this. letter. The total WRA fee for this task is $31,717.
LSA will revise restoration planting areas to address the changes to habitats due
to the new configuration of the upper freshwater pond and sediment basin. LSA
will revise the Invasive Species Removal Zones and Phasing to reflect the
changes in grading impacts and will revise the Restoration Plan Specifications to
reflect the changes in habitat types and plant and seed mixes as required. LSA
will revise the Invasive Species Removal Specifications to reflect the changes to
the invasive species Zones and phasing, and will participate in coordination
meetings required for these changes up to the limits of their budgetary allocation.
The total LSA fee for this task is $2,215.
Geosoils will provide an additional subsurface investigation at the site of the new
sediment basin and provide addendum documentation addressing the revised
larger freshwater pond and new sediment basin. GSI has indicated that the
Feasibility Study plan for the access road and culvert extension required only
minor grade changes in the area, without significant alterations to existing
grades. Thus, shallow hand -auger explorations were performed in this area
consistent with the nature of the proposed improvements. The presently
proposed sediment basin in this area, however, will require excavations and fills
that alter existing grades by approximately 10 to 15 feet. Therefore, the deeper
%iPrq¢a3t377 04WAdr irMO91_N9C&NMC,eek_ 121708REVISEWcdx
. .'
Mr. Mark Reader, F.E.
Big Canyon Creek Restoration
December 19, 2003
Page 3 of 7
exploration methods as proposed in this request are needed to determine the
slope stability of in -situ materials, potential settlement of fills, possible
remediation of fill foundations, and quantity of spoilage rnaterial that may require
off -site disposal. The total Geosoils fee for J-lis task is $7,504.
Please be advised that the final Project configuration has not been defined
through input from the regulatory agencies. This forthcoming input may alter the
Project configuration to an extent that the fee for this task may need to be
increased. If a fee increase is warranted, VA will notify the City of the causal
Project configuration changes and will also provide the incremental increase in
cost for this task.
2. Preliminary Operation and Maintenance Plan
Based on past permit processing activities, VA understands that the regulatory
agencies have requested the inclusion of an operation and maintenance plan
with their respective permit applications. VA will determine the periodic operation
and maintenance activities for all Project components. The results of this
determination will be summarized in a preliminary Operations and Maintenance
Plan for use in obtaining the required regulatory permits for the Project. The total
VA fee for this task is $6,000. .
3. Preliminary Opinion of Probable Construction Costs
VA will prepare a preliminary quantity estimate for the items of work depicted on
the Project Improvement Plans including the relocated freshwater pond and new
sediment basin. The quantity estimates will be itemized along with corresponding
units of measurement. VA will then create an opinion of probable construction
costs from the quantity estimate by applying VA's in -house unit cost data or as
published in the current cost date manuals. The total VA fee for this task is
$6.500.
The Acorn group will provide preliminary quantities and costs for the interpretive
and regulatory signage panels. The total Acorn Group fee for this task is $100.
WRA will provide preliminary quantities and costs for the tidal and freshwater
wetland plantings. The total WRA fee for this task is $1,000.
LSA will provide quantities and costs for the riparian and upland plantings, as
well as for the proposed invasive species removals. The total LSA fee for this
task is $1,000.
Please be advised that the final Project configuration has not been defined
through input from the regulatory agencies. This forthcoming input may alter the
Project configuration to an extent that the fee for this task may need to be
increased. If a fee increase is warranted, VA will notify the City of the causal
Project configuration changes and will also provide the incremental increase in
fee for this task.
XTrolecu Q73 1LC069UminACOCY 6igl: 9nyniC2el:_;21"/CURCVLS[USe.tlOc
Mr. Mark Reader, P.E.
Big Canyon Creek Restoration
December 19, 200E
Page § of 7
4. Selenium Monitoring
CH2MHili has conducted water column, sedirrient, and biological sampling for
analysis for the presence of selenium. Biological sampling included the
collection of algae, macro - invertebrates, bird eggs, fish, and other specimen.
CH2MH1ll produced a report of their findings which has been submitted to the
City for review. At the direction of the City, the fees for these services have been
invoiced against tasks and budgets established in VA's initial Project
authorization. The total CH2MHill fee tot this task is $73,111.
5. Salt Marsh Bird's Beak Technical Report and Monitoring Plan
WRA has prepared and submitted to the California Department of Fish and
Game (CDFG) a technical report with an in -depth analysis of the Salt Marsh.
Bird's Beak population in the vicinity of the restoration project. The report
identifies the magnitude and extent of potential impacts that could result from the
implementation of the Project. The total WRA fee for this task is $1,944.
At the request of CDFG a monitoring plan will be developed to incorporate
avoidance and monitoring measures for the Salt Marsh Bird's Beak Plant. WRA
will develop a soil salinity monitoring program, a hydrology monitoring program, a
Bird's Beak seed collection plan, and performance criteria to determine the
success of impact avoidance to the Bird's Beak population during the monitoring
period. Due to. the fact that the monitoring plan is not yet developed, the
implementation cost is not yet known. Therefore implementation of the
monitoring plan is not included in this cost. The total WRA fee for this task is
$5,834.
It is understood that changes to the plans will be required by CDFG upon
conclusion of their review of the WRA report. It is also understood that CDFG
has requested the preparation of a surface water hydrology study to demonstrate
that the project will not significantly alter surface drainage patterns to the habitat
located on the southerly side of the project, downstream of the existing Back Bay
Drive. Therefore this task provides for changes to four plan sheets that presently
depict Project areas in the vicinity of the existing Salt Marsh Bird's Beak
population and the additional hydrology study. The total VA fee for this task is
$15,000.
6. Revisions to Feasibility Study Design
The original scope of services for the Project was to provide Final Engineering
based on the Project as depicted in the Feasibility Study. VA proceeded to
design the project based on the Feasibility Study as specified. This resulted in a
base grading plan and supporting hydraulic analyses that were presented to the
City on February 15, 2008. While proceeding with design activities, revisions
were required that significantly altered the configuration of the saltwater and
freshwater components of the facility and overall hydraulic performance of the
facility as originally defined in the Feasibility Study. These revisions were made
Xn}••q >�K= g49_000Sd�C�rviiV }CA1 BipGn!rynaC,eek._inlCR3EV1EEU3 ?. }vc
Nu. Mark Reader, P.E.
Big Canyon Creek Restoration
Decem her 19, 2008
Page 5 of 7
to address comments issued by CDFG, the Regional Water Quality Control
Board, and the City of Newport Beach. The total VA fee for this task is $19,000.
Easement Mapping and Legal Description
VA Consulting will provide mapping of all the existing easements within Big
Canyon as described in the Preliminary Title Report Order Nurnbers 153425 and
153425a by Stewart Title dated October 22, 2008 and October 23, 2008
respectively, provided by the City. VA Consulting will also prepare (1) legal
description and plat for the sewer line and sewer maintenance road along the
easterly property line at Jamboree Road within APN 440 -092 -079. The total VA
fee for this task is $5,000.
8. Mitigated Negative Declaration
As a result of continuing final design activities, further definition of environmental
conditions, and impacts associated with the Project have been defined. As such
changes in the Project configuration and functions are forthcoming. In response
to these changes, the Existing Project CEQA document, i.e. the Mitigated
Negative Declamation, will require changes of such an extent that a new CEQA
document is anticipated. This task includes the preparation of a Mitigated
Negative Declaration for the revised Project. As of the date of this change order
request, the fee for these services has not been estimated by VA or its sub -
consultants. Therefore, the indicated fee for this task is provided for budgetary
purposes and is subject to adjustment by the City to provide for the actual fee
estimate once this fee is defined. The budget amount for this task is $35,000.
9. Project Management, Meetings, and Coordination
Project management, meetings, and coordination activities to -date have depleted
our original budget authorization for these activities. This task provides for an
additional 120 man -hours of project management activities related to the
oversight and management of the various Project subconsuitants and
coordinating the transfer of information between subconsultants, VA and the City.
This task also provides for an additional 120 man-hours for the purpose of
preparing for and attending meetings as requested. by the City. The total VA fee-
for this task is $36,000.
II. FEES
Requested Tasks
1. Revised Freshwater Pond & Sediment Basin ....... .......... ....................... ...$ 84,436
2. Preliminary Operation and Maintenance Plan .............. ..............................$ 6,000
3. Preliminary Opinion of Probable Cost.-.. .............. ..... .........__........_..........$ 8,600
Y {Troie0230900 n1InC001 ?igC"OnC; -_it 1 ?170611EYISEe3edtl
Mr.
Big Canyon week Restoration
n*"em»*r`y,x"0v
Page 6^rr
4. Selenium M0nitnhng. ................................. .................................. ....... O 73.111
5. Salt Marsh Bird's Beak Technical Report and Monitoring Pka1.... 22,778
6. Revisions 1O Feasibility Skdy Design .....—.,^---..'....,..—$ 18.808
7 Easement Mapping and Legal DoSChodon~ ........................... ................... $ 5,000
8, Mitigated Negative Declaration .... . .......... ....... .................. .. ........ ...... $ 35,000
8. Project Management, Meetings, and Coordination ... ....... ...... .......
TOTALFEES�.....~—... .................................................. .................. ..... $2&y^y%5
If you have any AU9StinnS Or require additional iAf0nDaU08. please {e8| f/88 to contact Dan
Vi||i8esnrAAe8t(94A)474`14U00r John Wolter 8t(851) 340'O030.
MSincer
Vahid, P.
—��v
President and CEO
MPV0am
Enclosure
no: DaVVl||inos
John Wolter
Contracts
VA CONSULTING, INC.
FEE SCHEDULE
2008
Staff classification
Civil Enr4ir eering atzd i Eanreirr 5 t'vic s
President ..................................
..................... _.....:........... _....._.... _......................
Division Presideniilivision Manager ... ......... .: ...................... . :................ ..............
Sr. Vice President Vice President/ Exec. Director..... ............ _ .................. _ ..........
Director ....... ........... ... ..............
............................................... ...... :........................
SeniorProject Manager., ....... ..................... ........................... .........................
ProjectManager ............ ....... .................. .... ....... ......... ........... .............. ....... ....
..._..
Assistant Project Manager ....... ............. ............ . :................ ..:.........................
Senior Project Engineer /Senior Design Supervisor /Senior Planner...... ...........
Project Engineer /Design Supervisor ....................................... ...............................
Senior Design Engineer /Senior Designer ........... ...................................................
Design Engineer /Planner ...I ....................... ........................ ...............................
Designer.....................................................................:.....:.... ..1..,.........................
Assistant Engineer /Assistant Planner ..................................... ...............................
Research and Processing Coordinatorr ................................... ...............................
SeniorCADD Technician ............................ ....................... .........................._....
JuniorEngineer .........................................................:............ ....,........I.................
CADD Technician ......... ... ...........
.................................:......,... ......................... :.....
EngineeringIntern..._ ....................................._...................... ...............................
Office Support/Cierical .................. ........................._.....,.... ...............................
Field Survey and Mappina Services
Director of Survey and Mapping..........
Manager of Field Survey._, ..................
Survey and Mapping Associate ............
Survey and Mapping Technician ..........
3 -Man GPS Crew ... ...............................
2 -Man GPS Crew ... ...............................
1-Man GPS Crew .........................
Special Services
Litigation ........................
Notes:
1 'CL Fratq
...:.: ---- $ 190
.......... $173
........ $163
..........5160
......... $155
..... $147
.... $142
.......... $ 137
....... _$132
...... $122
.......... $117
$110
$100
.. .......$95
............$85
............$80
............ $70
............ $69
................................................................ ............................... $450
1. Invoices will be. prepared for all services through the end of each calendar month. Invoices are due and payable on presentation.
2. Ovedime: w1hen requested by the client, will be surcharged at a rate of 135a'o of the standard hourly rtes. Sundays and holidays
will be surcharged at a rate of 1?0,% of the standard hourly rates.
;3. Relxograptlics, messenger service, travel (including lodging and (peels), and other direct expenses will be charged at cast plus
1096. The services of outside consultants will be charged at cost plus 155 to cover administration and overhead-
In-house reprographics charges: B &W Bond copies $i.001sg.fl, Color Band $6.00 /sq.ft.
6. Mileage v,1111 be billed at standard mileage isles set by IRS. 2008 rates currently listed al $0.535 per rric=.
G-DU E
ATTACHMENTA
City of Newport Beach
Big Canyon Cmok Restomtlon Pruett
ESTIMATED FEES & EXPENSES (1 at 2)
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City of N.w,.rt st,..h
Big Canyon Crook HgStOrstloei Pml.ct
EMIATM FEES & EXPENSES (2 of 2)
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ATTACHMENT B
W RA
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR DESIGN AND PERMITTING
Tasks,
a>'
,,,tya^yt i"' y . DescripttB�c' 'S'
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1, 2015
1
Assistance with Revised Freshwater Pond Configuration
3
60
83
63
$6,940
2
Impacts Summary
12
. 25
0
37
$3,401
3
Update Enironmental Documents and Permit Applications
so
a
110
68
$6,592
4
Update Wetfand Planting Plans
2
56
122
19
132
331
$20,678
5
Meetin s and Coordination
5
5
10
55
20
$2,865
6
Cost Estimate
10
$1,000
7
Salt Marsh Bird's Beak Techincal Memo
6
5
$0
$1,944
6
Salt marsh Bird's Beak Monitoring Plan
45
8
$39
53
$5,122
TOTAL HOURS
L 14
`..67
56
. 137
:" 127..
TOTAL FEES
$3;,*
99,,179
$6,,496.
$13,704
$:12,4,46Q:
-:. $5 357y
. ,..; . $41:9
$50,961,
yy t
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�K 62
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LS9ya
Note: Total includes tasks 1, 3, and 5
X:WrCIW$1S79 UOMn;\T"heocs \RepoO5 Oos1 E9 ma1e temp e1ot229h8 .x15 i&alaws
ATTACHMENT C
LSA Associates, Inc.
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR VEGETATION MAPPING
Auf
9 as a
a a0pl ",
, . ,. -a- esaw
M IRAN
P
" .6.
M60
-
1
Vegetation Mapping
10
10
22
42
$4,500
2
Reimbursables
$100
TOTAL HOURS
10
., 10
` -., 22'
TOTAL FEES
:, $1,50b
$1,130.
$11870
-$100
Note: Total includes a portion of task 1
% 1Pm1actsQ73 _0400,Eng%Tach0om1Repons%0ast Eadm9&template122MS.r 12/31/2008
ATTACHMENT D
LSA Associates, Inc.
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR UPDATING PLANS AND SPECIFICATIONS
"s s
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1
Restoration Planting Areas
a
a
$960
2
Invasive Species Removal Zones and Phasing
8
a
$960
3
Restoration Plan Specifications
4
4
a
$1.080
4
Invasive Species Removal Specifications
a
s
$960
5
Meetings and Coordination
4
2
6
$840
6
Reimbursabtes
$100
7
Cost Estimate
8
6
$1.000
- TOTAL HOURS
8.
38
TOTAL FEES
$1,1*200;
$4400
l��BaS($lil
�r'`..$x1'SOax"$720,�
Notr: Total Includes a portlon from task 1 and all of task 3
%; LPmlecnt3 ]3_04POtEmpTecnOOnVteppRatCasl EStlmero- Iemplp1a12290B.xh - ,y�lx2�
fi
I
!i
A-t'rAc "M6A) f �
ITEM
RATE : -
HR or UNIT;:.
COST I
EXTENSION
FIELD EXPLORATION
Field Geologist/Engineer
$100.00
6.0
$600.00
Bucket -Auger Drill Rig
$225.00
6.0
$1,350.00
Mileage
$35.00
$1,985.00
LABORATORY TESTING
.Maximum Dry Density
$150.00
1
$150.00
Moisture/ Dry Density
$20.00
6
$120.00
Sieve Analysis
$150.00
2
$300.00
Expansion Index
$135.00
2
$270.00
Atterberg Limits
$112.50
2
$225.00
R -Value Test
$232.50
1
$232.50
Direct Shear
$150.00
1
$150.00
General Corrosivity Test
(Resistivity, pH, Soluble Salt)
$150.00
1
$150.00
$1,597.50
ANALYSIS AND REPORT PREPARATION /MISC.
Principal GeologisVEngineer
$160.00
4.0
$640.00
Staff GeologisVEngineer
$100.00
14.0
$1,400.00
Technical Illustrator
$69.00
4.0
$276.00
Technical Typist
$65.00
3.0
$195.00
Reproduction /Office Services /Misc. Fxp.
$300.00
$2,811.00
PREVIOUS MEETINGS ATTENDED BY PROJECT MANAGERS
Project Engineer /Geologist
$130.00
7
$910.00
Staff Engineer /Geologist
$100.00
2
$200.00
$ 1,710.00
TOTAL
;� 1$7,503 50J
VA Consulting, Inc.
Big Canyon Creek Restoration - Newport Beach
Fi1ed: \wp10 \00\5500 \5595ai .cor
Lea -of;F , fna�
W.O. 5595 -A1 -OC
May 27, 2008
Page 2
A -FT A(_1 A GN T -F-
JOB NO: 13075 -2
PROJECT: Big Canyon Restoration Plan
I=
Task Description
1. Revision of Initial Study
2. Public and Agency Comment Responses
3. Final CEQA Documentation
4. Project Coordination and Meetings
Total Hours
Total Expense
Total Labor
Estimated Total Cost
1. Revision of Initial Study
2. Public and Agency Comment Responses
3. Final CEQA Documentation
4. Project Coordination and Meetings
WRA
RATE SCHEDULE
Effective January 2009
M. Josselyn
Senior Technician
GIS Technician
Time Assignment in Hours
$240 per hour
$98
$89
Sen
GIs
Expenses Labor
Total
AJ Tech
Tech
GIS Technician
$89 $712
3
30
4 $110 $4,016
$4,126,
3
25
$Z2 $3,170
$3,1921
1
15
4 $110 $2,066
$2,176
20
$110 $1,960
$2,070,
7
90
8
$352
$11,212
$11,564
Copy . Post/ Total Plus 10%
Costs Tele
100 $100 $110
20 $20 22
100 $100 110
100 $100 110
Staff
Rate Amount
M. Josselyn
$240 $1,680
Senior Technician
$98 $8,820
GIS Technician
$89 $712
Expenses
$352
Estimated Total Cost
$11,564
ATTACHMENT G
The Acorn Group
Big Canyon Creek Restoration Project
ESTIMATED FEES & EXPENSES FOR COST ESTIMATE
4 a
Tasks
7
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��� a �,� . ` � =�' 'r Desc "ripti n ' � �' °x
Cost Estimate
.r.• "'' �»Tr
�•�P x
t
s, s.;+ttinme.ara
.Ex enses
L,�'d tig � A
„�, Tatat?� �:�;
t
$ion
TOTAL HOURS
TOTAL FEES
. $t00
..:; ..$0
...
$100.
...
moldi'
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'h
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X. Wro�acls ',313_06pgErq \TechDOeslPapo's \Cost ES(�rt:elenempiala122908 xN
121312008
City of Newport Beach
BUDGET AMENDMENT
2008 -09
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 09BA -035
AMOUNT: $289,926.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenue estimates expenditure appropriations to recognize contributions from the County of Orange
Coastal Impact Assistance Program the Irvine Company, and the Irvine Ranch Conservancy and appropriate the
funds to enter into a PSA with VA Consulting for the Big Canyon Creek Restoration Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
250 4941
250 4926
250 4927
EXPENDITURE APPROPRIATIONS (3603)
Division
Number 7251
Account
Number C5100709
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Description
Description
Contrib - OC Coastal Impact Assist Prgm
Contrib - the Irvine Company
Contrib - Irvine Ranch Conservancy
Description
Contributions
Big Canyon Creek Restoration
Fin ncial Approval: Administr a Services Director
Administrative Appr al: City Manager
Amount
Debit Credit
$60,000
$60,000
$169,925.00
Automatic
$289,925.00
Date
at �
Signed:
City Council Approval: City Clerk Date
ci3C)
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING INC,
FOR BIG CANYON CREEK RESTORATION PROJECT
THIS AGREEMENT is made and entered into as of this Y— day of 2knbe'K
200 -1 , by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and VA CONSULTING INC a California Corporation whose address is17801
Cartwright Road, Irvine, California, 92614 ( "Consultant "), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to restore the historic tidal wetlands that have been traditionally
situated in the mouth of Big Canyon. Water quality features will be incorporated
which include a series of fresh water ponds. Also new interpretive and
educational facilities will be constructed within the Big Canyon Nature Park.
C. City desires to engage Consultant to act as the lead consultant and provide final
engineering services as outlined in VA Consulting Scope of Services referenced
as Exhibit "A" for the Big Canyon Creek Restoration Project ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be John S.
Walter, Inland Empire Division President and Daniel D. Villenes, Director of
Water Resources.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 day of June, 2009, unless terminated earlier as set forth
herein.
� s
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Four Hundred Thirty Five Thousand One Hundred Fifty Nine Dollars
and no /100 ($435,159.00) without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
■
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Daniel D. Villenes,
Director of Water Resources to be its Project Manager. Consultant shall not
remove or reassign the Project Manager or any personnel listed in Exhibit A or
assign any new or replacement personnel to the. Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
3
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader, PE shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
■
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
5
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall. require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
•
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
7
0
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely !Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
8
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City `As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
9
0
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to. examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
10
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Mr. Max P. Vahid, P.E.
President and CDO
VA Consulting, Inc.
17801 Cartwright Road
Irvine, CA 92614
Phone: 949 - 474 -1400
Fax: 949 - 261 -8482
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
12
0 0
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
-'— C
Ci Attorney
for the City of Newport Beach
CIT�Imayol
NEWP T BEACH,
A p I 'orp r ti n
for the City of Newport Beach
CONSULTANT:
By:
orporate Officer)
Title: President and CEO
Print Name: Max P. vahid
By: 6A
(Financial Officer)
Title: Secretary and CFO
Print Name: Michael S. Carter
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:\users\pbw\shared\agreements\fy 07-08\va consulting -big canyon creek.doc
14
Exhibit A
V
CONSULTING
December 4, 2007
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Dear Mr. Reader:
Thank you for providing VA Consulting, Inc. (VA) the opportunity to submit this proposal for
professional consultant services to prepare the final design, contract documents and obtain
resource agency permits for the Big Canyon Creek Restoration Project (Project). This proposal
supersedes our proposal submitted to the City on November 29, 2007.
VA understands that the City of Newport Beach (City) has undertaken the Project in order to
restore historical tidal wetlands that have been traditionally situated in the Upper Newport Bay at
the mouth of Big Canyon. The Project Feasibility Study, prepared by WRC Consulting Services,
Inc., was completed in June 2007 and the Project Mitigated Negative Declaration (CEQA
Document) was adopted by the City council in September 2007. The services provided in this
proposal are for the project described in the above Feasibility Study and CEQA Document.
VA has assembled a highly qualified Project team to perform the design and permitting tasks
necessary to bid and construct the Project. VA staff will perform field surveys and mapping, civil
engineering and structural engineering design, preparation of construction plans, specifications
and cost estimates and provide overall project management. LSA Associates, Inc. (LSA) will
provide the design and specifications for the riparian and upland vegetation planting, the design
and specifications for removal and monitoring of invasive species, and the landscaping design
and specifications for the Project trail system.
From the previous Feasibility Study Project Team, Ron Yeo, FAIA Architect, Inc. (RY). will
continue to provide the architectural services necessary for the final design of Project
improvements. Geosoils Inc. (GSI) will provide geotechnical services necessary to update the
preliminary soils investigation to include final design criteria for the conceptual Project plans.
Weston Solutions Inc. (Weston) will continue with the Project and will prepare a post-
construction Water Quality Sampling and Analysis Plan (SAP). The Acorn Group (Acorn). will
provide design and specifications for interpretive signing and WRA Consultants (WRA) will
provide design guidelines and specifications for the grading and planting of the proposed tidal
wetlands and freshwater ponds and will provide services necessary for the completion of
regulatory agency permitting activities.
VA Consulting, Inc.
Corporate office
Orange County Division
17801 Cartwright Road
Irvine, CA 92614
Phone 949.474.1400
Fax 949.261.8482
Mr. Mark Reader
December 4, 2007
Page 2 of 13
Our total estimated fee for the services included in this proposal is $435,159.00, which includes
$38,703 for the Orange County Sanitation District (OCSD) portion of the design services that
are related to the improving access to their sewer facilities located adjacent to Jamboree Road.
Detailed descriptions of the services proposed for the Project are provided in the following
sections of this proposal. Section I provides a detailed scope -of- services for the Project and
Section II a listing of assumptions and excluded services that are not included in this proposal.
Section III provides a summary of the fees associated with the tasks identified in the scope -of-
services.
SECTION 1— SCOPE -OF- SERVICES
PART 1 — PROJECT PERMIT AND AGENCY APPROVALS
A. Resource Agency Permitting
WRA initiated resource agency permitting during the Feasibility Study phase of the
Project and will complete the permitting process with Federal and State Resource
Agencies and the California Coastal Commission.
Included in the permitting process will be the preparation of an Essential Fish Habitat
Study (EFHS). Mr. Rick Ware of Coastal Resources Management, Inc. on behalf of
WRA, will prepare the EFHS. At the conclusion of the Permitting Process, WRA will
prepare a California Environmental Quality Act (CEQA) and permit conditions
compliance matrix for inclusion into the Project contract documents.
B. OCSD Process and Approvals
VA will submit construction plans and specifications to obtain approvals from the Orange
County Sanitation District.
C. NPDES Compliance
VA will prepare a Water Quality Management Plan (WQMP) that will identify BMP's to
provide for the water quality of on -site runoff to the proposed Big Canyon improvements.
The WQMP will conform to Regional Water Quality Control Board (RWQCB) and City
standards. VA will also prepare a Storm Water Pollution Prevention Plan (SWPPP) that
will identify water quality BMP's to be implemented during the construction phase of the
Project. Both of these documents will demonstrate compliance with current NPDES
requirements. This task also provides for assistance to the City while filing and
processing the Notice of Intent (NOI) and the subsequent Notice of Termination (NOT)
with the RWQCB.
PART 2 — PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS
A. Civil Engineering Design
VA will perform the civil engineering design services for the two specific Project areas as
follows:
The Orange County Sanitation District Access Road Improvements
The City Project Area for the Big Canyon Restoration
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VA will perform the following tasks related to the civil engineering and design of the
Project facilities and components:
Collect and Review Existing Data
This task will provide for the collection and review of existing information,
hydrologic and hydraulic analyses, sediment transport analyses included in
existing reports and documentation as provided by the City. The collected
information will be reviewed and incorporated into the civil design of the Project.
2. Hydraulic Design of Stormwater Conveyances
This task provides for design -level hydraulic analyses of the proposed hydraulic
features of the Project. These features include the following:
• The Jamboree Road culvert extension and energy dissipater structure;
a Overflow outlets from the two freshwater ponds;
Y Flo-slit facility downstream of the lower freshwater pond; and
e Back Bay Drive culverts to the Upper Newport Bay
The hydraulic analyses will use the WSPG and /or HEC -RAS hydraulic analysis
software packages to determine conveyance capacities, hydraulic grade lines,
and facility configurations. The results of the hydraulic analyses will be used to
develop construction plans and details for the Project.
3. Selection and Design of Proposed BMP's
This task provides for the selection and sizing of the proposed BMP's to be
located at storm drain inlets to the Big Canyon Restoration Area. VA will
coordinate with suppliers of BMP devices and the City in order to assist the City
with the selection of BMP's. Once selected, BMP's will be hydraulically sized
and details for their installation and /or construction will be depicted on the overall
Project improvement plans.
4. Structural Analyses and Designs
This task provides for structural analyses of architectural and reinforced concrete
elements of the proposed restoration project. These elements include
interpretive signing, gathering area covering, restroom facility enclosures, culvert
headwalls, outlet weirs, energy dissipater structures, and BMP connections to
storm drain lines. The results of the analyses will be used to determine
foundation dimensions, timber sizing and timber connections and the section
thicknesses and reinforcement requirements for the various concrete structures.
Structural analyses will be prepared in accordance with the latest requirements of
the National Design Specification (NDS) for wood construction and the American
Concrete Institute Code 318 for reinforced concrete construction.
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5. Back Bay Drive Realignment Improvement Plans
This task provides for the preparation of street improvement plans for the
realigned portion of Back Bay Drive. The plans will consist of approximately
1,600 linear feet of street improvements shown on 1 "=40' plan and profile sheets.
The plans will be prepared on City titleblock and formatted for inclusion in the
Project Improvement Plan Set as described below. It is estimated that two plan
and profile sheets and two signing and striping sheets will be required for the
proposed realignment.
6. Interpretive Area and Street Precise Grading Plans
This task provides for the preparation of precise grading and Improvement plans
for the Interpretive Area. The plans will be prepared at a scale of 1 " =10' and will
provide spot elevations for access roads, parking lots, trails and walkways.
These plans will also depict signing and striping information for vehicular access
way and parking areas within the Interpretive Area. A total of four plan sheets
will depict the Interpretive Area and will be placed on City titleblock for inclusion
in the overall Project Improvement Plan Set as described below.
7. Restoration Area Grading Plans
This task provides for the preparation of grading and improvement plans for the
Big Canyon Restoration Project between Jamboree Road and the Upper
Newport Bay. The grading plans will provide contour grading for the proposed
facilities including the freshwater ponds, trails, treatment wetland, service roads
and tidal marsh. The restoration area grading plans will be prepared at a scale of
1 "=40' consisting of 5 plan sheets and one grading note sheet. The plans will be
prepared on City titleblock and formatted for Inclusion in the Project Improvement
Plan Set as described below.
8. Drainage Improvement Plans and Details
This task provides for the preparation of plans, details and sections of the
proposed Project drainage facilities. The drainage improvement plans will be
based on the hydraulic and structural analyses as described above and will
provide construction -level details for the following Project elements:
• The Jamboree Road culvert extension and energy dissipater
• Overflow outlets from the two freshwater ponds
• Flow slit facility downstream of the lower freshwater pond
• Back Bay Drive culverts to the Upper Newport Bay
The plans will be prepared on City titleblock and formatted for inclusion in the
Project Improvement Plan Set as described below.
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December 4, 2007
Page 5 of 13
9. Erosion Control Plans
VA will prepare a set of erosion control plans that will identify the construction
BMP's necessary to minimize site erosion and the transport of sediments beyond
the Project site. The erosion control plans will be prepared at a scale of V =40'
consisting of 5 plan sheets and a BMP detail sheet. The erosion control plans
will be prepared on City titleblock and formatted for inclusion in the Project
Improvement Plan Set as described below.
10. Project Technical Specifications
VA will prepare a set of technical specifications to define material and
construction requirements of the work included In the Project Improvement Plan
Set. The specifications will be prepared in accordance with City standards and
will be formatted for inclusion with the City's bid package. This task also includes
the preparation of a bid sheet to list the items of work and their associated
quantities.
11. Engineer's Opinion of Probable Construction Costs
VA will prepare quantity estimates for the items of work depicted on the Project
Improvement Plan Set. The quantity estimates will be Itemized along with
corresponding units of measurement. VA will then create an opinion of probable
construction cost from the quantity estimate by applying unit cost data to the
estimated quantities as collected by VA during recent construction activities or as
published in current cost data manuals.
12. Process Improvement Plans
VA will submit the improvement plans and technical specifications to the City
Public Works Department for review and approval. It is anticipated that two
submittals will be required prior to approval of the documents. This task provides
for written responses to comments and minor adjustments to the plans and
specifications after each submittal. In the event that the City requires significant
changes to the plans and /or technical specifications, a separate proposal for
these changes will be provided when and if these changes are required.
B. Survey and Mapping
VA will perform the following tasks:
Research
VA will research, compile and review all existing survey control and mapping
data from the City, County and /or other governing agencies for boundary
Information adjacent to or relevant to the Project's design.
2. Project Control
VA field crews will locate project specific horizontalivertical control (NAD83 and
NAVD88) and transfer it to the project including boundary monument search (if
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Page 6 of 13
existing /recoverable) to use for the subsequent topographic design survey. VA
field crews will establish a temporary benchmark on the project site.
3. Topographic Design Survey
VA will perform an aerial topographic survey of undeveloped drainage area west
of Jamboree Road, east of Back Bay Drive, north of San Joaquin Hills Road and
south of Eastbluff Drive in Newport Beach (approximately 75 acres).
VA field crews will perform a topographic design survey to be utilized in
preparation of the base map to include ground shots on a twenty five foot (25')
grid over the westerly portion (approximately 35 acres) and the area around the
outlet structure off Jamboree Road.
4. Topographic Mapping
Survey data from Task B.2 & B.3 will be compiled by VA staff to create
topographic mapping at a scale of one inch equals forty feet (1 "=40') with one
foot (t') contours for the project area. The topographic base map will depict the
existing conditions together with the right -of -way boundary as required.
5. Big Canyon Nature Park Boundary
VA staff will show the Big Canyon Nature Park boundary and CDFG boundary on
the new project topo map.
C. Geotechnlcal Investigation & Soils Report
GSI will perform the geotechnical investigation and prepare a Soils Report for the two
specific Project Areas, including:
The OCSD access road improvement area, including the Jamboree Road storm
drain extension, new head -wall and wing -wall construction and construction of
the maintenance road adjacent to Jamboree Road.
The City Project area including freshwater ponds, upper spillways, hydraulic
structures and underlying drainage culverts, Back Bay Drive Re- alignment,
parking areas and the Interpretive Area building pad(s).
GSI will perform the following tasks:
• Review available published literature, maps and aerial photos of the vicinity.
• Meet with Underground Service Alert (USA), if warranted, to search for buried
utilities within the public right of way.
• Consult with the project environmental firm with respect to suitability of proposed
boring and test pit locations, in light of environmental constraints at the site.
• Perform site exploration via hollow stem auger rig, backhoe and hand auger in
order to evaluate subsurface soil conditions at the site. We propose to perform
four (4) hours of backhoe trench work and eight (8) hours of hand auger boring
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December 4, 2007
Page 7 of 13
within the storm drain extension and maintenance road area. For the other area
we propose to conduct ten (10) hours of hollow stem auger drilling, four (4) hours
of backhoe trenching and eight (3) hours of hand auger boring. Boring and
excavations are anticipated to range from 3 to 50 feet in depth, or
practical /economic refusal.
• Obtain representative samples of site soil for laboratory testing. Testing may
include, but may not. be limited to: in -situ moisture density determinations;
compaction, permeability, soil expansion; grain size; shear strength;
consolidation; and corrosion.
• Perform an evaluation of site seismicity and seismic hazards.
• Prepare an appropriately illustrated geotechnical engineering, and engineering
geologic report that would include: the logs of the explorations; extent of earth
material units; laboratory test results; hydraulic embankment design parameters;
earthwork factors; liquefaction potential; and conclusions and recommendations
related to project planning, preliminary foundation design and grading guidelines.
D. Tidal Wetlands and Freshwater Ponds Design
WRA will perform the following tasks:
• Prepare the fine grading plans for the tidal wetlands, new freshwater pond and
restored wetland.
• Prepare planting and irrigation plans and specifications for the tidal wetlands,
new freshwater pond and restored wetland.
• Prepare bid specifications in a format to be provided by VA.
• Prepare a final cost estimate for planting components of the plan.
• Attend up to 3 project meetings.
E. Riparian and Upland Areas Planting Design
LSA will perform the following tasks:
• Prepare the planting plans and specifications for the Riparian and Upland Project
Areas.
• Prepare plan and specifications for the removal and monitoring of invasive
species removal.
• Prepare maintenance, monitoring and reporting requirements for the planted
vegetation and for the invasive species removal.
• Attend up to 3 project meetings.
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F. Architectural Services
Ron Yeo will provide project architectural services and perform the following tasks:
• Prepare enclosure plans and specifications for 4 portable chemical toilets.
• Prepare plans and specifications for Vista Terrace seating area plan for 100.
• Prepare plans and specifications for Vista Terrace seating area shade structure
(hand retractable canvas).
• Prepare plans and specifications for minor structure for interpretive materials.
• Attend up to 6 meetings.
G. Interpretive Sign Design
The Acorn Group will perform the following tasks:
• Provide digital photographs for 8 panels.
• Develop text for Interpretive, Regulatory and Orientation Panels for 15 panels.
• Prepare final design development and final art production and delivery on disk
per vendor specifications.
H. Trail and Overlook Design
LSA will provide landscape architect services and prepare plans and specifications for
Project Trail and overlook system.
• Assist with development of the grading plans to include the trail and overlook
system.
• Prepare plans, details and specifications for preparation of the trail and overlook
system.
• Attend up to 3 project meetings.
PART 3 — POST- CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP)
Weston will develop and submit post - construction Water Quality Sampling and Analysis Plan to
the Regional Water Quality Control Board. Included with this task, Weston will prepare for and
attend one meeting with the Big Canyon County Club Golf Course.
PART 4 — PROJECT MANAGEMENT, COORDINATION AND MEETINGS
We anticipate project design duration of 6 months starting from the City's Notice to Proceed.
Project management time is required to coordinate the transfer of project information to sub -
consultant and City staff, coordinate consultant and sub - consultant activities and to coordinate
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project status with the Technical Advisory Committee. For the purpose of the proposal we have
estimated 40 hours per month for a total of 240 hours for project management.
We estimate a total of 12 Project meetings during the 6 month period including, 1 kickoff
meeting, 6 monthly status meetings, 4 TAC meetings and 1 City council meeting. VA will
provide agendas and meeting minutes for each of the meetings. For the purpose of this
proposal we have assumed 3 hours of Project Management and 4 hours of support staff for
each meeting.
PART 6 — ENGINEERING SUPPORT DURING BID PHASE
It is anticipated that Project improvements may be constructed in phases over several years.
However, at this time it is not clear if one construction contract or separate construction
contracts will be awarded to contractor(s) for the construction of the proposed improvements.
Therefore, for the purpose of this proposal we have assumed there will be one bid phase.
Should engineering support services for additional bid phases be required, a change order
request or a separate contract will be processed through the City. For purpose of this proposal,
we have assumed 16 hours of VA staff time for participation in engineering support activities
during the bidding process.
VA will provide assistance to the City during the bid process as follows:
Attend pre -bid meeting with interested contractors.
Respond to request for clarification, interpretation of plans and interpretation of
specifications.
Prepare addenda to bid documents as necessary. For purpose of this proposal we have
assumed one (1) addenda will be prepared and that city staff will be responsible for
distribution of addenda to the bidders.
PART 6 — REIMBURSABLE EXPENSES
This task provides for the cost of reproduction of plan sets and reports for submittals and the
cost of messenger services, delivery services, reproduction services, etc. that wilt be associated
with assisting the City with the preparation of materials for meetings and project reviews.
SECTION II — ASSUMPTIONS AND EXCLUSIONS
It has been assumed for the purposes of this proposal that hydrological studies of Big Canyon
have been completed during the preparation of the previous Project studies including the
Feasibility Study. As such, the flow rates reported in previous Project studies are assumed to
be acceptable to the City and other reviewing agencies for purposes of facility design.
Furthermore, additional hydrological studies are excluded from this proposal.
Lastly, the foregoing tasks and the attached fee estimate do not include the following:
Lot Line Adjustments;
➢ Monumentation of Lot Line Adjustments;
➢ ALTA (American Land Title Association) Surveys;
Parcel Mergers;
➢ Preparation of Record Maps;
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December 4, 2007
Page 10 of 13
Re- establishment of missing Monumentation;
➢ Record of Surveys;
➢ Re- establishment of missing post- construction Monumentation;
➢ Corner Records;
➢ Preparation of Legal Documents (Metes & Bounds) for Easement Acquisitions;
Obtaining Title Reports/Deeds/Easement Documents;
➢ Rights -of -way acquisitions;
➢ Obtaining Permission to Enter upon Private Properties;
➢ Interior Property Parcel Boundary Surveys;
➢ Construction Staking;
➢ As -Built Surveys;
➢ Resource Agency Permit Fees;
➢ Engineering Support during Construction;
➢ Construction Management;
➢ Construction Services including:
• Geotechnical
• Biology
• Environment
• Survey
• Materials Testing
• Inspection
SECTION III — SUMMARY OF FEES
A detailed breakdown of the proposal fees is included below. Our services will be provided on a
time - and - materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit
"A "). As requested, the fees associated with improvements to the OCWD facilities have been
indicated separately.
PART 1 - PROJECT PERMITS AND AGENCY APPROVALS
A. Resource Agency Permits (City Project Area ) ............................. .....................$23,582.00
B. OCSD Process and Approvals (OCSD Improvement Area) ......... ......................$7,500.00
C. NPDES Compliance (City Project Area ........ ............................... .....................$15,000.00
Subtotal (Part 1 - City Project Area) ..................... ............................... .....................$38,582.00
Subtotal (Part 1 - OCSD Improvement Area) ........ ............................... ......................$7,500.00
PART 2 - PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS
A. Civil Engineering Design
Collect and Review Existing Data
a. City Project Area .................... ............................... ......................$2,500.00
b. OCSD Improvement Area ...... ............................... ......................$1,000.00
2. Hydraulic Design of Stormwater Conveyance
a. City Project Area .................... ............................... ......................$5,000.00
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B. Survey and Mapping
1. Field Survey and Mapping (City Project Area) ................. .....................$18,600.00
2. Field Survey and Mapping (OCSD Improvement Area).. .. . ......................$1,000.00
Sub -total (Part 2B - City Project Area) ...... ............................... .....................$18,600.00 i
Sub -total (Part 213 - OCSD Improvement Area) ........................ ......................$1,000.00
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b. OCSD Improvement Area ...... ............................... ......................$2,500.00
3.
Selection and Design of Proposed BMP's
a. City Project Area .................... ............................... ......................$6,000.00
4.
Structured Analyses and Design
a. City Project Area .................... ............................... ......................$6,500.00
b. OCSD Improvement Area ...... ............................... ......................$2,000.00
5.
Back Bay Drive Realignment Improvement Plans
a. City Project Area ................... ............................... .....................$12,000.00
6.
Interpretive Area and Street Precise Grading Plans
a. City Project Area ................... ............................... .....................$21,000.00
7.
Restoration Area and OCSD Access Road Grading Plans
a. City Project Area ................... ............................... .....................$14,000.00
b. OCSD Improvement Area ...... ............................... ......................$4,000.00
8.
Drainage Improvement Plans and Details
a. City Project Area .................... ............................... ......................$6,000.00
b. OCSD Improvement Area ...... ............................... ......................$3,000.00
9.
Erosion Control Plans
a. City Project Area .................... ............................... ......................$5,500.00
b. OCSD Improvement Area ...... ............................... ......................$2,000.00
10.
Project Technical Specifications
a. City Project Area .................... ............................... ......................$8,500.00
b. OCSD Improvement Area ...... ............................... ......................$3,500.00
11.
Engineer's Opinion of Probable Construction Costs
a. City Project Area .................... ............................... ......................$4,000.00
b. OCSD Improvement Area ...... ............................... ......................$1,500.00
I
12.
Process Improvement Plans
a. City Project Area .................... ............................... ......................$6,500.00
b. OCSD Improvement Area ...... ............................... ......................$3,500.00
Sub -total (Part 2A -City Project Area) ...... ............................... .....................$97,500.00
Sub -total (Part 2A - OCSD Improvement Area) ....................... .....................$23,000.00
B. Survey and Mapping
1. Field Survey and Mapping (City Project Area) ................. .....................$18,600.00
2. Field Survey and Mapping (OCSD Improvement Area).. .. . ......................$1,000.00
Sub -total (Part 2B - City Project Area) ...... ............................... .....................$18,600.00 i
Sub -total (Part 213 - OCSD Improvement Area) ........................ ......................$1,000.00
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Mr. Mark Reader
December 4, 2007
Page 12 of 13
C. Geotechnical Investigation & Soils Report
1. Geotechnical Services (City Project Area) ....................... .....................$14,412.00
2. Geotechnical Services (OCSD Improvement Area) .......... ......................$7,203.00
Sub -total (Part 2C - City Project Area) ...... ............................... .....................$14,412.00
Sub -total (Part 2C - OCSD Improvement Area) ........................ ......................$7,203.00
D. Tidal Wetlands and Freshwater Pond Design
1. Final design, plans and specifications ............................. .....................$34,970.00
2. Attend up to 3 project meetings ......... ............................... ......................$9,678.00
Sub -total (Part 2D - City Project Area) ...... ............................... .....................$44,648.00
E. Riparian and Upland Area Planting Design
1. Preparation of Planting Plans and Specifications ............. ......................$8,165.00
2. Preparation of Invasive Vegetation Removal Specifications ...................$3,680.00
3. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00
Subtotal (Part 2E - City Project Area) ...... ............................... .....................$18,630.00
F. Architectural Services
1. Prepare Plans and Specifications ..... ............................... .....................$11,500.00
2. Attend up to 6 project meetings ......... ............................... ......................$6,900.00
Sub -total (Part 2F - City Project Area) ...... ............................... .....................$18,400.00
G. Interpretive Sign Design
1. Design interpretive sign panels ........ ............................... .....................$40,190.00
2. Attend up to 4 project meetings ......... ............................... ......................$1,380.00
Sub -total (Part 2G - City Project Area) ..... ............................... .....................$41,570.00
H. Trail and Overlook Design
1. Prepare Plans and Specifications ..... ............................... .....................$22,425.00
2. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00
Sub -total (Part 2H - City Project Area) ........................... ............................... $29,210.00
Sub -total (Part 2A through 2H - City Project Area) ................ ....................$282,970.00
Sub -total (Part 2A through 2H - OCSD Improvement Area) ... .....................$31,203.00
xsa :nocnngv,e„enys�p_aaonr„uawwyon B-- W14 (Fl u REV) c
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Mr. Mark Reader
December 4, 2007
Page 13 of 13
PART 3 - POST - CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP)
A. Post Construction Sampling and Monitoring Plan.. ............................................ $6,9W.00
B. Meeting with Big Canyon County Club Golf Course ..................... ......................$1,200.00
Sub -total (Part 3 - City Project Area) ......... ............................... ......................$8,100.00
PART 4 - PROJECT MANAGEMENT, COORDINATION AND MEETINGS
A. Project Management & Coordination .......... ............................... .....................$41,520.00
B. Attendance at project, TAC and City Council Meetings ............... .....................$13,284.00
Sub -total (Part 4 - City Project Area) .................... ............................... .....................$54,804.00
PART 5 ENGINEERING SUPPORT DURING BID PHASE
Sub -total (Part 5 - City Project Area) ..................... ............................... ......................$3,000.00
PART 6 REIMBURSABLE EXPENSES
Sub -total (Part 6 - City Project Area) ..................... ............................... ......................$9,000.00
TOTAL FEES (PART 1 THROUGH 6 - CITY PROJECT AREA) .......... ....................$396,456.00
TOTAL FEES (PART 1 THROUGH 6 - OCSD IMPROVEMENT AREA) .....................$38,703.00
TOTAL ESTIMATED FEE (PART 1 THROUGH PART 6 - CITY PROJECT &
OCSD IMPROVEMENT AREAS) ........................... ............................... ....................$435,159.00
We look forward to being of service to you on this Project. We have the resources available to
perform these services and will initiate work upon the receipt of your "Notice to Proceed ". If you
have any questions, please call,�ohn Wolter at (951) 340 -0030 or me at (949) 474 -1400.
hid, P.E./
and CEO
MPV /kam /cmj
Enclosure:
cc: John Wolter
Daniel Villines
Contracts
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(9)
City of Newport Beach
Big Canyon Creek Restoration Project
Phase IV & V Forward Budget Assessment
Pnpamd By
VA Consulting, Inc.
29 -NW -07
VPIL
CONSULTING
•
•
VA
WESTON ACORN LSA R. YEO
GEOSOILS
WRA
Total
Phase Description
Cont. Amt.
Cont. Amt Cant Amt. Cont. Amt Corrt. Amt
Cont Amt
Cont Amt.
Amount
1. Feasibility Assessment
-Task Completed-
11. Water Quality QAPP and SAP
-Task Completed -
Ill. Preliminary Engineering
-Task Completed-
IV. Environmental Review & Permits
$23,582
$23,562
V. Outreach, Final Engineering & Design
Public Meetings
- Budget Expended -
Final Engineering
$97,500
$13,000 $30,690 $11,500
$34,970
$187,560
Meetings, Technical Team (Original Scope)
$13,284
$1,380
$14,664
I. Post Construction Water Quality Monitoring Plan
$6,900
$6,900
Project ManagementlCo ord inatlon/Meetings/Reimbursables
$50.520
$1,200 $13,570 $6,900
$9,678
$81,868
SUBTOTAL (Phase I to VII)
$314,574
Ill. OCSD Maintance Road
$31,500
$7,203
$38,703
IX. Additional Consulting Services
Survey and Mapping
$18,600
$18,600
Geotechnicai Investigations and Report
$14,412
$14,412
Invasive Vegetation Removal Specifications
$3,680
$3,680
Interpretive Sign Graphic Design
$27,190
$27,190
NPDES City Compliance
$15,000
$15,000
Engineering Support During Bidding
$3,000
$3,000
$
$
$
SUBTOTAL (Phase VIII & IX)
$120,688
ota
229404
9,110 $41,870 $47,840 $16,400
21,616
$68,230
$436,159
•
•
EXHIBIT "8P
VA CONSULTING, INC.
FEE SCHEDULE
2007
Staff Classification
Civil Engineering and Planning Services
Hourly Rate
President............................................................................................................ ...............................
$190
Division President/Division Manager ................................................................. ...............................
$173
Sr. Vice PresidentNice President/ Exec. Director ............................................. ...............................
$163
Director.............................................................................................................. ...............................
$1604 —
Senior Project Manager .................................................................................... ...............................
$155
ProjectManager ................................................................................................. ...............................
$147
Assistant Project Manager..................................... ............. ................................. ... .......
................... $142
Senior Project Engineer /Senior Design Supervisor /Senior Planner .................. ...............................
$137
Project Engineer /Design Supervisor .................................................................. ...............................
$132
Inspector............................................................................................................ ...............................
$1304 —
Senior Design Engineer /Senior Designer .......................................................... ...............................
$122A'
Design Engineer/ Planner ................................................................................... ...............................
$117
Designer... ......................... _ ....... ......................................... __ ........................ ...................
__ .... $110
Assistant Engineer /Assistant Planner ................................................................ ...............................
$100
Research and Processing Coordinator ................................................................ ...............................
$95
SeniorCADD Technician... .................................................................................
............... ......... $90
JuniorEngineer .................................................................................................... ...............................
$85
CADD Technician .............. ............................ ...............................
....................... ...............................
$80
EngineeringIntern ............................................................................................... ...............................
$70
OfficeSupport / Clerical ........................................................................................ ...............................
$69
Field Survey and Mannino Services
Director of Survey and Mapping ........................................................................
............................... $158
Managerof Field Survey ................................................................ ...............................
...........................$130
Survey and Mapping Associate .....................................................................................
............................$95
Survey and Mapping Technician ...................................................................................
...........................:$75
3 -Man GPS Crew ........................................................................... ...............................
...........................$225
2 -Man GPS Crew.. ... - ............... ................................................ ..............................
.............................. $200
1 -Man GPS Crew ........................................................................... ...............................
...........................$170
Special Services
Litigation......................................................................................... ............................... ...........................$400
Notes.
1. Invoices will be prepared for all services through the end of each calendar month. Invoices are due and payable on presentation.
2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays
win he surcharged at a rate of 170,0/o of the standard hourly Yates.
3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus
10 %. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead.
4. In-house reprographics charges: B8W Bond copies $1.001sq.0, Color Bond $6.00 /sqA
5. Mileage will be billed at standard mileage rates set by IRS. 2007 rates currently listed at $0.465 per mile.
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AkCONSULT
ACORD- CERTIFiclrm OF LIABILITY
INSURANCE
ti1i1 0°7�'
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
P. O. Box 10550
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711 -0550
POLWYEFFECTIVE
DATE MM D
POLICYEXPIRALVION
DAT
714 427-0810
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A Travelers Property Casualty Cc of Am
6804848L.258
VA Consulting Inc.
17801 Cartwright Road
Irvine, CA 92614
INSURER e: Travelers Indemnity Co. of Connectic
EACH OCCURRENCE
INSURER c: ACE American Insurance Company
INSURER D:
X COMMERCIALGENERALUABILn
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INISR
LTR
WV
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLWYEFFECTIVE
DATE MM D
POLICYEXPIRALVION
DAT
LIMITS
A
GENERAL LIABILITY
6804848L.258
09101/07
09/01108
EACH OCCURRENCE
$1000000
X COMMERCIALGENERALUABILn
General Liab.
DAMAGE TO RENTED
$11,000.000
CLAIMS MADE a OCCUR
excludes claims
MED EXP Any om ran
$6,000
PERSONAL S ADV INJURY
$11.000.000
X Contractual Llab.
arising out of
GENERAL AGGREGATE
s2,000.000
the performance
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - OOMPIOP AGO
52000000
of professional
POLICY 51 PRO- 3ECT LOC
services.
B
AUTOMOBILE
LIABILITY
ANY AUTO
BA490SL54B
99101107
D9101/08
COMBINED SINGLE LIMIT
(EaaWdant)
51,000,000
X
BODILY INJURY
(Par Partin)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Para dart)
S
HIREDAUTOS
NON -OWNEDAUTOS
X
PROPERTY DAMAGE
(Peraavdant)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
E
OTHER THAN EAACC
$
ANYAUTO
5
AUTO ONLY: AGG
A
EXCESWUMBRELLA LIABILITY
CUP7156Y612
09/01/07
09/01/08
EACH OCCURRENCE
$2.000.000
X OCCUR 0 CLAIMS MADE
(Not Included
AGGREGATE
. 00
_s2,000.0
t
Professional
$
DEDUCTIBLE
Liability)
$
RETENTION S
B
WORKERS COMPp18ATK)N AND
XEU67665Y53507
11/24107
11/24/08
X VAC STATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPMETOR/PARTNER.EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
$1,000 6DD
E.L. DISEASE - EA EMPLOYEE
$1,000,000
ndar
SPEGAL PROVISIONS below
E. L. DISEASE- POLICYLIMIT
$1,000000
C
OTHER Professional
G23633711001
06/16107
06116/08
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
Claims Made
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Big Canyon Creek Restoration.
City of Newport Beach, its elected or appointed officers, officals,
employees, agents and volunteers are Additional Insured as respects to
General Liability coverage as required by written contract.
(See Attached Descriptions)
City of Newport Beach
Public Works Department
Attn: Mark Reader
3300 Newport Blvd.
Newport Beach, CA 92663
ANY OF THE ABOVE DESCRIBED
BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER Wei EMAIL _3(L DAYS WRITTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
1 of 2 #S2132211M209652 TMN Is ACORD CORPORATION 1988
PRODUCER'S FACT SHE M
NAMED INSURED: HANK KAMINSKY
POL #: 30 SBM UF6829 DV
PRODUCER'S NAME: PRODUCER'S CODE: 721336
MAURY DONNELLY & PARR, INC /PHS
POL EFF DATE: 11/10/07 POL EXP DATE: 11/10/08
DIRECT ACCOUNT BILL NUMBER - 12108973
TRANSACTION TYPE: NEW BUSINESS
FORM
SS 00 01 04 93
SS 00 02 12 06
SS 00 05 12 06
SS 00 08 04 05
SS O1 29 03 92
SS Ol 57 03 92
SS 04 38 06 01
SS 05 47 09 01
G- 2997 -2
G- 3418 -0
SS 09 27 06 01
SS 09 42 07 99
SS 50 30 06 03
100722REVB
SS 83 13 01 97
SS B3 39 06 01
SS B3 76 02 06
AGENT SALES
TITLE
POLICY FRONT COVER
DECLARATIONS
COMMON POLICY CONDITIONS
BUSINESS LIABILITY COVERAGE 30ElM
ARKANSAS CHANGES - CANCELLA121M
ARKANSAS CHANGES
HIRED AUTO AND NON -OWNED AU'LV
EXCLUSION - NUCLEAR ENERGY LI=[L:dTY
IMPORTANT NOTICE TO ARKANSAS 3KIDICYHOLDER'S ACCESS TO
INSURER INFORMATION
PRODUCER COMPENSATION NOTICE
EMPLOYMENT PRACTICES LLABLLL'M COVRAGE FORM - ARKANSAS
EMPLOYMENT PRACTICES - E%CL0.371 E - PRIOR ACTS
CAP ON LOSSES FROM CERTIFLED RLT93 OF TERRORISM
DIRECT BILL INFORMATION
IMPORTANT NOTICE TO OUR POLLC'YiYffOLaERS
POLICYHOLDER NOTICE- EMPLOYMMM PRACTICES LIABILITY
INSURANCE
DISCLOSURE PURSUANT TO TERRC11iISI:BISK INSURANCE ACT OF
2002
A Vg:So U-1 1;a
PRODUCER'S FACT SHtliF pp PAGE 1
11/13/07 30 Sim UF6829 DV (11/10/08)
I
DESCRIPTIONS (Continued from Fage 1)
Coverage afforded the Additional Insured is Primary B Noncontributory.
7. Separation of Insureds
Except with respect to the Limits of Liability in this liability Coverage
Part and any rights or duties specifically assigned In this Liability
Coverage Part 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 the claim or suit is
brought.
Waiver of Subrogation included in Work Comp.
AMS 25.3 (2007106)
t
M
JW
JW
i�
006799
•COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS3 ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED (Section 11) is amended to
Include arty person or organization that you agree
in a "contract or agreement requiring insurance"
to include as an additional insured on this Cover-
age Part, but
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If the injury or damage arises out of the per-
formance, by you or your subcontractor, of
"your work" to which the "contract or agree-
ment requiring insurance" applies. Such per-
son or organization does not quality as an
additional insured with respect to their inde-
pendent acts or for "bodily injury", "property
damage" or "personal injury" for which that
person or organization has assumed liability
in a contract or agreement.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for whirl cover-
age as an additional Insured specifically is
added by another endorsement to this Cover-
age Part.
b. This insurance does not apply to the render-
ing of or failure to render any "professional
services ".
c. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in that "contract or agree-
ment requiring insurance", or the limits shown
in the Declarations for this Coverage Part,
whichever are less. This endorsement does
not increase the limits of insurance stated in
the LIMITS OF INSURANCE (Section 111) for
this Coverage Part,
3. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, If you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non - contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named Insured, and we Wit not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur.
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
4. The following is added to Paragraph .8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal Injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
Into by you before, and-in effect when, the "bodily
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
S. As respects the insurance provided to the addi-
tional insured by this endorsement, the following
definition Is added to DEFINITIONS (Section V):
CG D3 81 09'06 ® 2006, The St Paul Travelers Insurance companies, Inc. Page 1 of 2
Imiudes copyrighted material of insurance Services Office, Inc., vAh its permission. .
COMMERCIAL GENERAL UABILMY
'contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov=
erage Part, provided that the "bodily injury" and
"property damage' occurs, and the "personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. White that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
All other terms of your policy remain the same.
Page 2 of 2 ® 2006, The St. Paul Travelers Insurance companies, Inc. CG D$ 8109 06
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
C,
TRAVELERSJ~
•
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) -001
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this
policy. We will not enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees
while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California workers'
compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
Job Description
ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT
REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE
CONTRACT BEFORE THE LOSS.
Fax #: • •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 12 -20 -07 Dept. /Contact Received From: Shauna Oyler
Date Completed: 1 -3 -08 Sent to: Shauna By: April Walker
Company /Person required to have certificate: VA Consulting
GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty
B. AM BEST RATING (A: VII or greater): A +XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
2 mil agg/ 1 mil occ
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence' wording?
❑ Yes ® No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley,
the City will accept the
endeavor wording.
H. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut
B. AM BEST RATING (A: VII or greater): A+ XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided?
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
1 mil
® Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
.I
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers
AM BEST RATING (A: VII or greater): A+ XV
LIMITS: Statutory
WAIVER OF SUBROGATION (To include):
Co. of Connecticut
Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Additional Insured endorsement missing.
DEC i i
. .. + 1l
(�lioo -zao�)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
December 11, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Mark Reader, Project Manager
949 -644 -3311
SUBJECT: BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING,
INC.; BUDGET AMENDMENT
ISSUE:
Should the City contract with a new lead engineering firm, at a slightly higher price
(including some additional services), to continue work on the Big Canyon Creek
Restoration Project?
RECOMMENDATIONS:
Approve a Professional Services Agreement with VA Consulting, Inc., of Irvine,
California, for design services at a contract price of $435,159 and authorize the
Mayor and City Clerk to execute the Agreement.
2. Approve a Budget Amendment appropriating $28,222 to Account No. 7251-
05100709 and increasing revenue estimates by $28,222 representing a
contribution from Orange County Sanitation District for preliminary design and
CEQA documents for an OCSD maintenance access road.
3. Approve a Budget Amendment appropriating $38,703 to Account No. 7251 -
05100709 and increasing revenue estimates by $38,703 representing a
contribution from Orange County Sanitation District for additional costs related to
the design of the access roadway.
4. Approve a Budget Amendment appropriating $50,000 to Account No. 7251-
05100709 and increasing revenue estimates by $50,000 representing
contributions from the Irvine Company via the Irvine Ranch Conservancy to
cover educational and interpretative elements for the project.
5. Approve a Budget Amendment appropriating $48,456 from the unappropriated
General Fund Reserves (Tidelands) to Account No. 7231- C5100709 for the Big
Canyon Creek Restoration Project.
Big C9 Creek Restoration — Approval of Professional S Agreement with VA ConsuRing, Inc.
December 11, 2607
Page 2
DISCUSSION:
On May 23, 2006, the City Council approved a Professional Services Agreement with
WRC Consulting Services (WRC) in the amount of $698,595 to prepare a feasibility
assessment, Water Quality Assurance Program Plan (QAPP), Sampling and Analysis
Plan (SAP), CEQA documents and notifications, and preliminary engineering tasks as
well as final construction documents for the Big Canyon Creek Restoration Project. Per
recommendations by the Regional Water Quality Control Board, three amendments to
the agreement were subsequently approved adding $8,650 to the contract.
Also, at the request of Orange County Sanitation District (OCSD), the City of Newport
Beach approved Amendment No. 4 for $28,222 for the preliminary design and CEQA
documents for an OCSD maintenance road to cross Big Canyon Creek to provide
maintenance access to an OCSD manhole on the other side of the creek. (OCSD will
reimburse the City $28,222 for this task.) With these amendments, the total contract
amount is $735,467.
WRC completed several aspects of the work — the feasibility assessment, the QAPP,
the SAP, CEQA document preparation and most of the preliminary engineering.
But for preparation of the final construction documents, city staff determined, in
consultation with our two major grant funders (the Regional Water Quality Control
Board and the State Coastal Conservancy) that a fully - staffed civil engineering firm
should take the lead on completing the final construction documents by next summer.
WRC did not want to be subordinate to another firm. As such, on October 17, 2007 the
City terminated WRC's contract per Section 28 of the Professional Services Agreement
with WRC leaving $298,000 remaining in the contract and project fund once the City
receives the $28,222 reimbursement from OCSD.
Staff subsequently spoke with three firms and selected VA Consulting as the best
suited for completing the project within this schedule. Staff requested that VA prepare
a budget based on the remaining tasks in WRC scope of work VA Consulting
contacted all the previous subconsultants and has reconstituted the original WRC team
with the exception of WRC plus the addition of LSA for the upland landscape design.
Based on the remaining tasks in the WRC scope of work, VA Consulting submitted its
proposal for a fee of $314,574. This amount is $16,574 (about 5 %) higher than WRC's
original budget.
In addition to the change of lead engineering firms, VA Consulting suggested, and staff
agrees, that some additional design - related work should be done as a part of this
Phase. This work is described in the following section.
Big Can Week Restoration — Approval of Professional Servi0greement with VA Consulting, Inc.
December 11, 2007
Page 3 .
Additional Work Items Not Covered Under the Original WRC Scope of Work
During the preliminary engineering phase of the work, WRC identified additional tasks
that need to be performed during the final engineering phase of this project. A
discussion of the additional services follows:
Survey and Mapping: Even though an aerial survey was previously provided for the 60
acre project, additional topographic survey information is required for the final
engineering design to obtain more accurate information than the aerial survey currently
provides. The proposed work also includes ground truthing the original topographic
survey for its acceptance by VA Consulting as to its accuracy.
Geotechnical: Geotechnical investigations were provided by Geosoils during the
preliminary engineering phase of the project. It is recommended to provide additional
geotechnical data in the locations of design elements of the project.
Invasive Vegetation: During preparation of the feasibility report, it was determined that
certain invasive species which inhabit the Big Canyon Nature Park also occur on the
bluffs and in some instances on private property. Due to the sensitive nature of soil
stability and erosion of the bluffs the consultant will prepare specifications relating to
removals of the invasive species and planting specifications for non invasive species.
Interpretive Signage: The original contract fee estimate assumptions stated "One
interpretive panel at kiosk and four signs along the trait for final design ". Since
completion of the feasibility study, it is recommended that 15 additional sign panels be
provided than originally considered for the project. The scope of the interpretive sign
design is noted in Part 2 -G of the VA Consulting Scope of Services.
NPDES: A Water Quality Management Plan (WQMP) and a Storm Water Pollution
Prevention Plan (SWPPP) were excluded from the contract documents with WRC and
needs to be included with the VA Consulting contract.
Engineering Support During Bidding: This item provides for consultant time to support
activities during the bidding process.
The total for these tasks is $120,585. Of this amount, $88,703 would be reimbursed by
others:
OCSD would reimburse $38,703 for the design of the access roadway.
The Irvine Ranch Conservancy (IRC) is administering a grant to the City as a
part of the Irvine Company's donation to the Big Canyon Creek Project. The
Irvine Company's donation is to cover the educational and interpretive elements
of this Project. For this design phase, IRC will budget $50,000 of the TIC grant
to be used by the City.
Big C* Creek Restoration — Approval of Professional $a Agreement with VA Consulting, Inc.
December 11, 2007
Page 4
As a result of these funds, the net cost to the City for these additional design related
tasks is $31,882. With the additional costs of $16,574 for the base contract, the total
additional funds required for the design work is $48,456.
Funding Availability:
Initial funding for this project came from State Water Resources Control Board
($200,000), State Coastal Conservancy ($500,000) and $100,000 to match these funds
from the City's tidelands account. Upon approval of the recommended Budget
Amendment, sufficient funds are available in the following accounts for the project:
Account Description
Unappropriated General Fund
Reserves (Tidelands)
OCSD Reimbursement
The Irvine Company via IRC
Prepared by:
Aa2z-,��
Mark Read r
Project Manager
Account Number Amount
7231- C5100709 $48,456
7251- C5100709 $66,925
7251- C5100709 $50,000
Total: $165,381
Submitted by:
to . Bad
Publi orks Director
Attachment: PSA with VA Consulting Inc.
Big Canyon Creek Restoration Exhibit
0
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING INC
FOR BIG CANYON CREEK RESTORATION PROJECT
THIS AGREEMENT is made and entered into as of this _ day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and VA CONSULTING INC a California Corporation whose address is1:7801
Cartwright Road, Irvine, California, 92614 ( "Consultant"), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to cant' 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 restore the historic tidal wetlands that have been traditionally
situated in the mouth of Big Canyon. Water quality features will be incorporated
which include a series of fresh water ponds. Also new interpretive and
educational facilities will be constructed within the Big Canyon Nature Park.
C. City desires to engage Consultant to act as the lead consultant and provide final
engineering services as outlined in VA Consulting Scope of Services referenced
as Exhibit "A" for the Big Canyon Creek Restoration Project ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be John S.
Wolter, Inland Empire Division President and Daniel D. Villenes, Director of
Water Resources.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3.-- TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Four Hundred Thirty Five Thousand One Hundred Fifty Nine Dollars
and no /100 ($435,159.00) without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
2
reimbursable expenditures. City shall pay Consultant no later. than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than ' the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for -any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Daniel D. Villenes,
Director of Water Resources to be its Project Manager. Consultant shall not
remove or reassign the Project Manager or any personnel listed in Exhibit A or
assign any new or replacement personnel to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
I
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader, PE shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
2
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers; agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
5
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
L Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's .Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require_ each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
C
0
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30.) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
7
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work.
8
0
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as ' specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's_ sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
O
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
10 _
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with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Mr. Max P. Vahid, P.E.
President and CDO
VA Consulting, Inc.
17801 Cartwright Road
Irvine, CA 92614
Phone: 949 - 474 -1400
Fax: 949 - 261 -8482
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
12
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31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age..
13
0
E
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
CiA �.., C ate--- -
orney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
0
(Corporate Officer)
Title:
Print Name:
0
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f .\userslpbvAsharedlagmementslfy 07 -Oita consulting -big canyon creek.doc
14
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CONSULTING
December 4, 2007
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Dear Mr. Reader:
0
Exhibit A
Thank you for providing VA Consulting, Inc. (VA) the opportunity to submit this proposal for
professional consultant services to prepare the final design, contract documents and obtain
resource agency permits for the Big Canyon Creek Restoration Project (Project). This proposal
supersedes our proposal submitted to the City on November 29, 2007.
VA understands that the City of Newport Beach (City) has undertaken the Project in order to
restore historical tidal wetlands that have been traditionally situated in the Upper Newport Bay at
the mouth of Big Canyon. The Project Feasibility Study, prepared by WRC Consulting Services,
Inc., was completed in June 2007 and the Project Mitigated Negative Declaration (CEQA
Document) was adopted by the City council In September 2007. The services provided in this
proposal are for the project described in the above Feasibility Study and CEQA Document.
VA has assembled a highly qualified Project team to perform the design and permitting tasks
necessary to bid and construct the Project. VA staff will perform field surveys and mapping, civil
engineering and structural engineering design, preparation of construction plans, specifications
and cost estimates and provide overall project management. LSA Associates, Inc. (LSA) will
provide the design and specifications for the riparian and upland vegetation planting, the design
and specifications for removal and monitoring of invasive species, and the Landscaping design
and specifications for the Project trail system.
From the previous Feasibility Study Project Team, Ron Yeo, FAIA Architect, Inc. (RY) ifill-
continue to provide the architectural services necessary for the final design of Protect ..
improvements. Geosoils Inc. (GSI) will provide geotechnical services necessary to update the
preliminary soils investigation to include final design criteria for the conceptual Project plans.
Weston Solutions Inc. (Weston) will continue with the Project and will prepare a post-
construction Water Quality Sampling and Analysis Plan (SAP). The Acorn Group (Acorn): will
provide design and specifications for interpretive signing and WRA Consultants (WRA) will
provide design guidelines and specifications for the grading and planting of the proposed tidal
wetlands and freshwater ponds and will provide services necessary for the completion of
regulatory agency permitting activities.
VA Consul ing, Inc.
Corporam office
Orange Cowry Division
17801 Cartwright Bold
hvine, CA92614
Phone949.4741400
In 949.261.8482
Mr. Mark Reader
December 4, 2007
Page 2 of 13
Our total estimated fee for the services included in this proposal is $435,159.00, which includes
$38,703 for the Orange County Sanitation District (OCSD) portion of the design services that
are related to the improving access to their sewer facilities located adjacent to Jamboree Road.
Detailed descriptions of the services proposed for the Project are provided in the following
sections of this proposal. Section I provides a detailed scope -of- services for the Project and
Section II a listing of assumptions and excluded services that are not included in this proposal.
Section III provides a summary of the fees associated with the tasks identified in the scope -of-
services.
SECTION I — SCOPE -OF- SERVICES
PART 1 — PROJECT PERMIT AND AGENCY APPROVALS
A. Resource Agency Permitting
WRA initiated resource agency permitting during the Feasibility Study phase of the
Project and will complete the permitting process with Federal and State Resource
Agencies and the California Coastal Commission.
Included in the permitting process will be the preparation of an Essential Fish Habitat
Study (EFHS). Mr. Rick Ware of Coastal Resources Management, Inc. on behalf of
WRA, will prepare the EFHS. At the conclusion of the Permitting Process, WRA will
prepare a California Environmental Quality Act (CEQA) and permit conditions
compliance matrix for inclusion into the Project contract documents.
B. OCSD Process and Approvals
VA will submit construction plans and specifications to obtain approvals from the Orange
County Sanitation District.
C. NPDES Compliance
VA will prepare a Water Quality Management Plan (WQMP) that will identify BMP's to
provide for the water quality of on -site runoff to the proposed Big Canyon improvements.
The WQMP will conform to Regional Water Quality Control Board (RWQCB) and City
standards. VA will also prepare a Storm Water Pollution Prevention Plan (SWPPP) that
will identify water quality BMP's to be implemented during the construction phase of the
Project. Both of these documents will demonstrate compliance with current NPDES
requirements. This task also provides for assistance to the City while filing and
processing the Notice of Intent (NOI) and the subsequent Notice of Termination (NOT)
with the RWQCB.
PART 2 — PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS
A. Civil Engineering Design
VA will perform the civil engineering design services for the two specific Project areas as
follows:
The Orange County Sanitation District Access Road Improvements
The City Project Area for the Big Canyon Restoration
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Mr. Mark Reader
December 4, 2007
Page 3 of 13
VA will perform the following tasks related to the civil engineering and design of the
Project facilities and components:
Collect and Review Existing Data
This task will provide for the collection and review of existing information,
hydrologic and hydraulic analyses, sediment transport analyses included in
existing reports and documentation as provided by the City. The collected
information will be reviewed and incorporated into the civil design of the Project.
2. Hydraulic Design of Stormwater Conveyances
This task provides for design -level hydraulic analyses of the proposed hydraulic
features of the Project. These features include the following:
• The Jamboree Road culvert extension and energy dissipater structure;
0 Overflow outlets from the two freshwater ponds;
C Flo -slit facility downstream of the lower freshwater pond; and
• Back Bay Drive culverts to the Upper Newport Bay
The hydraulic analyses will use the WSPG and /or HEC -RAS hydraulic analysis
software packages to determine conveyance capacities, hydraulic grade lines,
and facility configurations. The results of the hydraulic analyses will be used to
develop construction plans and details for the Project.
3. Selection and Design of Proposed BMP s
This task provides for the selection and sizing of the proposed BMP's to be
located at storm drain inlets to the Big Canyon Restoration Area. VA will
coordinate with suppliers of BMP devices and the City in order to assist the City
with the selection of BMP's. Once selected, BMP's will be hydraulically sized
and details for their installation and /or construction will be depicted on the overall
Project improvement plans.
4. Structural Analyses and Designs
This task provides for structural analyses of architectural and reinforced concrete
elements of the proposed restoration project. These elements include
interpretive signing, gathering area covering, restroom facility enclosures, culvert
headwalls, outlet weirs, energy dissipater structures, and BMP connections to
storm drain lines. The results of the analyses will be used to determine
foundation dimensions, timber sizing and timber connections and the section
thicknesses and reinforcement requirements for the various concrete structures.
Structural analyses will be prepared in accordance with the latest requirements of
the National Design Specification (NDS) for wood construction and the American
Concrete institute Code 318 for reinforced concrete construction. -
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Mr. Mark Reader
December 4, 2007
Page 4 of 13
5. Back Bay Drive Realignment Improvement Plans
This task provides for the preparation of street improvement plans for the
realigned portion of Back Bay Drive. The plans will consist of approximately
1,600 linear feet of street improvements shown on 1 "=40' plan and profile sheets.
The plans will be prepared on City titleblock and formatted for inclusion in the
Project Improvement Plan Set as described below. it is estimated that two plan
and profile sheets and two signing and striping sheets will be required for the
proposed realignment.
6. Interpretive Area and Street Precise Grading Plans
This task provides for the preparation of precise grading and improvement plans
for the Interpretive Area. The plans will be prepared at a scale of 1 " =10' and will
provide spot elevations for access roads, parking lots, trails and walkways.
These plans will also depict signing and striping information for vehicular access
way and parking areas within the Interpretive Area: A total of four plan sheets
will depict the Interpretive Area and will be placed on City titleblock for inclusion
in the overall Project Improvement Plan Set as described below.
Restoration Area Grading Plans
This task provides for the preparation of grading and Improvement plans for the
Big Canyon Restoration Project between Jamboree Road and the Upper
Newport Bay. The grading plans will provide contour grading for the propospd
facilities including the freshwater ponds, trails, treatment wetland, service roads
and tidal marsh. The restoration area grading plans will be prepared at a scale of
1 "=40' consisting of 5 plan sheets and one grading note sheet. The plans will be
prepared on City titleblock and formatted for inclusion in the Project Improvement
Plan Set as described below.
8. Drainage Improvement Plans and Details
This task provides for the preparation of plans, details and sections of the
proposed Project drainage facilities. The drainage improvement plans will be
based on the hydraulic and structural analyses as described above and will
provide construction -level details for the following Project elements:
• The Jamboree Road culvert extension and energy dissipater
• Overflow outlets from the two freshwater ponds
• Flow slit facility downstream of the lower freshwater pond
• Back Bay Drive culverts to the Upper Newport Bay
The plans will be prepared on City titleblock and formatted for inclusion in the
Project improvement Plan Set as described below.
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Mr. Mark Reader
December 4, 2007
Page 5 of 13
9. Erosion Control Plans
VA will prepare a set of erosion control plans that will identify the construction
BMP's necessary to minimize site erosion and the transport of sediments beyond
the Project site. The erosion control plans will be prepared at a scale of 1 "=40'
consisting of 5 plan sheets and a BMP detail sheet. The erosion control plans
will be prepared on City titleblock and formatted for inclusion in the Project
Improvement Plan Set as described below.
10. Project Technical Specifications
VA will prepare a set of technical specifications to define material and
construction requirements of the work included in the Project Improvement Plan
Set. The specifications will be prepared in accordance with City standards and
will be formatted for inclusion with the City's bid package. This task also includes
the preparation of a bid sheet to list the items of work and their associated
quantities.
11. Engineer's Opinion of Probable Construction Costs
VA will prepare quantity estimates for the items of work depicted on the Project
Improvement Plan Set. The quantity estimates will be itemized along with
corresponding units of measurement. VA will then create an opinion of probable
construction cost from the quantity estimate by applying unit cost data to the
estimated quantities as collected by VA during recent construction activities or as
published in current cost data manuals.
12. Process Improvement Plans
VA will submit the improvement plans and technical specifications to the City
Public Works Department for review and approval. It is anticipated that two
submittals will be required prior to approval of the documents. This task provides
for written responses to comments and minor adjustments to the plans and
specifications after each submittal. In the event that the City requires significant
changes to the plans and/or technical specifications, a separate proposal for
these changes will be provided when and if these changes are required.
B. Survey and Mapping
VA will perform the following tasks:
Research
VA will research, compile and review all existing surrey control and mapping
data from the City, County and /or other governing agencies for boundary
information adjacent to or relevant to the Project's design.
2. Project Control
VA field crews will locate project specific horizontal/vertical control (NAD83 and
NAVD88) and transfer it to the project including boundary monument search (if
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Mr. Mark Reader
December 4, 2007
Page 6 of 13
existing /recoverable) to use for the subsequent topographic design survey. VA
field crews will establish a temporary benchmark on the project site.
3. Topographic Design Survey
VA will perform an aerial topographic survey of undeveloped drainage area west
of Jamboree Road, east of Back Bay Drive, north of San Joaquin Hills Road and
south of Eastbiuff Drive in Newport Beach (approximately 75.acres).
VA field crews will perform a topographic design survey to be utilized in
preparation of the base map to include ground shots on a twenty five foot (25')
grid over the westerly portion (approximately 35 acres) and the area around the
outlet structure off Jamboree Road.
4. Topographic Mapping
Survey data from Task B.2 & B3 will be compiled by VA staff to create
topographic mapping at a scale of one inch equals forty feet (1 °=40) with one
foot (1') contours for the project area. The topographic base map will depict the
existing conditions together with the right -of -way boundary as required.
5. Big Canyon Nature Park Boundary
VA staff will show the Big Canyon Nature Park boundary and CDFG boundary on
the new project topo map.
C. Geotechnbcal Investigation & Soils Report
GSI will perform the geotechnical investigation and prepare a Solis Report for the two
specific Project Areas, including:
The OCSD access road improvement area, including the Jamboree Road storm
drain extension, new head -wall and wing -wall construction and construction of
the maintenance road adjacent to Jamboree Road.
The City Project area including freshwater ponds, upper spillways, hydraulic
structures and underlying drainage culverts, Back Bay Drive Re- alignment,
parking areas and the Interpretive Area building pad(s).
GSI will perform the following tasks:
• Review available published literature, maps and aerial photos of the vicinity.
• Meet with Underground Service Alert (USA), if warranted, to search for buried
utilities within the public right of way.
• Consult with the project environmental firm with respect to suitability of proposed
boring and test pit locations, in light of environmental constraints at the site.
• Perform site exploration via hollow stem auger rig, backhoe and hand auger in
order to evaluate subsurface soil conditions at the site. We propose to perform
four (4) hours of backhoe trench work and eight (8) hours of hand auger boring
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Mr. Mark Reader
December 4, 2007
Page 7 of 13
within the storm drain extension and maintenance road area. For the other area
we propose to conduct ten (10) hours of hollow stem auger drilling, four (4) hours
of backhoe trenching and eight (8) hours of hand auger boring. Boring and
excavations are anticipated to range from 3 to 50 feet in depth, or
practical/economic refusal.
• Obtain representative samples of site soil for laboratory testing. Testing may
include, but may not. be limited to: in -situ moisture density determinations;
compaction, permeability, soil expansion; grain size; shear strength;
consolidation; and corrosion.
• Perform an evaluation of site seismicity and seismic hazards.
• Prepare an appropriately illustrated geotechnical engineering, and engineering
geologic report that would include: the logs of the explorations; extent of earth
material units; laboratory test results; hydraulic embankment design parameters;
earthwork factors; liquefaction potential; and conclusions and recommendations
related to project planning, preliminary foundation design and grading guidelines.
D. Tidal Wetlands and Freshwater Ponds Design
W RA will perform the following tasks:
• Prepare the fine grading plans for the tidal wetlands, new freshwater pond and
restored wetland.
• Prepare planting and irrigation plans and specifications for the tidal wetlands,
new freshwater pond and restored wetland.
• Prepare bid specifications in a format to be provided by VA.
• Prepare a final cost estimate for planting components of the plan.
• Attend up to 3 project meetings.
E. Riparian and Upland Areas Planting Design
LSA will perform the following tasks:
• Prepare the planting plans and specifications for the Riparian and Upland Project
Areas.
• Prepare plan and specifications for the removal and monitoring of invasive
species removal.
• Prepare maintenance, monitoring and reporting requirements for the planted
vegetation and for the invasive species removal.
• Attend up to 3 project meetings.
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Mr. Mark Reader
December 4, 2007
Page 8 of 13
F. Architectural Services
Ron Yeo will provide project architectural services and perform the following tasks:
• Prepare enclosure plans and specifications for 4 portable chemical toilets.
• Prepare plans and specifications for Vista Terrace seating area plan for 100.
• Prepare plans and specifications for Vista Terrace seating area shade structure
(hand retractable canvas).
• Prepare plans and specifications for minor structure for interpretive materials.
• Attend up to 6 meetings.
G. Interpretive Sign Design
The Acorn Group will perform the following tasks:
• Provide digital photographs for 8 panels.
• Develop text for Interpretive, Regulatory and Orientation Panels for 15 panels.
• Prepare final design development and final art production and delivery on disk
per vendor specifications.
H. Trail and Overlook Design
LSA will provide landscape architect services and prepare plans and specifications for
Project Trail and overlook system.
• Assist with development of the grading plans to include the trail and overlook
system.
• Prepare plans, details and specifications for preparation of the trail and overlook
system.
• Attend up to 3 project meetings.
PART 3 — POST- CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP)
Weston will develop and submit post- construction Water Quality Sampling and Analysis Plan to
the Regional Water Quality Control Board. Included with this task, Weston will prepare for and
attend one meeting with the Big Canyon County Club Golf Course.
PART 4 — PROJECT MANAGEMENT, COORDINATION AND MEETINGS
We anticipate project design duration of 6 months starting from the City's Notice to Proceed.
Project management time is required to coordinate the transfer of project information to sub -
consultant and City staff, coordinate consultant and sub - consultant activities and to coordinate
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Mr. Mark Reader
December 4, 2007
Page 9 of 13
project status with the Technical Advisory Committee. For the purpose of the proposal we have
estimated 40 hours per month for a total of 240 hours for project management.
We estimate a total of 12 Project meetings during the 6 month period including, 1 kickoff
meeting, 6 monthly status meetings, 4 TAC meetings and 1 City council meeting. VA will
provide agendas and meeting minutes for each of the meetings. For the purpose of this
proposal we have assumed 3 hours of Project Management and 4 hours of support staff for
each meeting.
PART 5 — ENGINEERING SUPPORT DURING BID PHASE
It is anticipated that Project improvements may be constructed in phases over several years.
However, at this time it is not clear if one construction contract or separate construction
contracts will be awarded to contractor(s) for the construction of the proposed improvements.
Therefore, for the purpose of this proposal-we have assumed there will be one bid phase.
Should engineering support services for additional bid phases be required, a change order
request or a separate contract will be processed through the City. For purpose of this proposal,
we have assumed 16 hours of VA staff time for participation in engineering support activities
during the bidding process.
VA will provide assistance to the City during the bid process as follows:
Attend pre -bid meeting with interested. contractors.
Respond to request for clarification, interpretation of plans and interpretation of
specifications.
Prepare addenda to bid documents as necessary. For purpose of this proposal we have
assumed one (1) addenda will be prepared and that city staff will be responsible for
distribution of addenda to the bidders.
PART 6 — REIMBURSABLE EXPENSES
This task provides for the cost of reproduction of plan sets and reports for submittals and the
cost of messenger services, delivery services, reproduction services, etc. that will be associated
with assisting the City with the preparation of materials for meetings and project reviews.
SECTION II — ASSUMPTIONS AND EXCLUSIONS
It has been assumed for the purposes of this proposal that hydrological studies of Big Canyon
have been completed during the preparation of the previous Project studies including the
Feasibility Study. As such, the flow rates reported in previous Project studies are assumed to
be acceptable to the City and other reviewing agencies for purposes of facility design.
Furthermore, additional hydrological studies are excluded from this proposal.
Lastly, the foregoing tasks and the attached fee estimate do riot include the following:
Lot Line Adjustments;
Monumentation of Lot Line Adjustments;
➢ ALTA (American Land Title Association) Surveys;
• Parcel Mergers;
• Preparation of Record Maps;
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Mr. Mark Reader
December4,2007
Page 10 of 13
➢ Re- establishment of missing Monumentation;
➢ Record of Surveys;
A Re- establishment of missing post - construction Monumentaticn;
Corner Records;
➢ Preparation of Legal Documents (Metes & Bounds) for Easement Acquisitions;
➢ Obtaining Title Reports/Deeds /Easement Documents;
➢ Rights -of -way acquisitions;
➢ Obtaining Permission to Enter upon Private Properties;
➢ Interior Property Parcel Boundary Surveys;
Construction Staking;
➢ As -Built Surveys;
➢ Resource Agency Permit Fees;
➢ Engineering Support during Construction;
➢ Construction Management;
D Construction Services including:
• Geotechnical
• Biology
• Environment
• Survey
• Materials Testing
• Inspection
SECTION III — SUMMARY OF FEES
A detailed breakdown of the proposal fees is included below. Our services will be provided on a
time - and - materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit
"A ") As requested, the fees associated with improvements to the OCWD facilities have been
indicated separately.
PART 1 - PROJECT PERMITS AND AGENCY APPROVALS
A. Resource Agency Permits (City Project Area ) ............................. .....................$23,582.00
B. OCSD Process and Approvals (OCSD Improvement Area) ......... ......................$7,500.00
C. NPDES Compliance (City Project Area ........ ............................... .....................$15,000.00
Subtotal (Part 1 - City Project Area) ..................... ............................... .....................$38,582.00
Subtotal (Part 1- OCSD Improvement Area) ........ ............................... ......................$7,500.00
PART 2 - PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS
A. Civil Engineering Design
1. Collect and Review Existing Data
a. City Project Area .................................................... .....................$2,500.()U
b. OCSD Improvement Area ...... ............................... ......................$1,000.00
2. Hydraulic Design of Stormwater Conveyance
a. City Project Area .................... ............................... ......................$5,000.00
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Mr. Mark Reader
December 4, 2007
Page 11 of 13
B. Survey and Mapping
1. Feld Survey and Mapping (City Project Area) ................. .....................$18,600.00
2. Reid Survey and Mapping (OCSD Improvement Area) .... ..............:.......$1,000.00
Sub -total (Part 213 - City Project Area) ...... ............................... .....................$18,600.00 i
Sub -total (Part 213 - OCSD Improvement Area) ......................... .....................$1,000.00
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b. OCSD Improvement Area ...... ............................... ......................$2,500.00
I'
3.
Selection and Design of Proposed BMP's
I
a. City Project Area .................... ............................... ......................$6,000.00
4.
Structured Analyses and Design
a. City Project Area .................... ............................... ......................$6,500.00
b. OCSD Improvement Area ...................... ........... -- ......................
$2,000.00
5.
Back Bay Drive Realignment Improvement Plans
a. City Project Area ................... ............................... .....................$12,000.00
6.
Interpretive Area and Street Precise Grading Plans
j
a. City Project Area ................... ............................... .....................$21,000.00
i
7.
Restoration Area and OCSD Access Road Grading Plans
a. City Project Area ................... ............................... .....................$14,000.00
b. OCSD Improvement Area ...... ............................... ......................$4,000.00
8.
Drainage Improvement Plans and Details
a. City Project Area .................... ............................... ......................$6,000.00
b. OCSD Improvement Area ...... ............................... ................:.....$3,000.00
9.
Erosion Control Plans
a. City Project Area .................... ............................... ......................$5,500.00
b. OCSD Improvement Area ...... ............................... ......................$2,000.00
10.
Project Technical Specifications
a. City Project Area ................... ............................... ......................$8,500.00
b. OCSD Improvement Area ...... ............................... ......................$3,500.00
11.
Engineer's Opinion of Probable Construction Casts
a. City Project Area ..................... .............$4,000.00
b. OCSD Improvement Area ...... ............................... ......................$1,500.00
12.
Process Improvement Plans
a. City Project Area .................... ............................... ......................$6,500.00
b. OCSD Improvement Area ...... ............................... ......................$3,500.00
Sub -total (Part 2A - City Project Area) ...... ............................... .....................$97,500.00
Sub -total (Part 2A - OCSD Improvement Area) ....................... .....................$23,000.00
B. Survey and Mapping
1. Feld Survey and Mapping (City Project Area) ................. .....................$18,600.00
2. Reid Survey and Mapping (OCSD Improvement Area) .... ..............:.......$1,000.00
Sub -total (Part 213 - City Project Area) ...... ............................... .....................$18,600.00 i
Sub -total (Part 213 - OCSD Improvement Area) ......................... .....................$1,000.00
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Mr. Mark Reader
December 4, 2007
Page 12 of 13
C. Geotechnical Investigation & Soils Report
1. Geotechnical Services (City Project Area) ....................... .....................$14,412.00
2. Geotechnical Services (OCSD Improvement Area) .......... ......................$7,203.00
Sub -total (Part 2C - City Project Area) ...... ............................... .....................$14,412.00
Sub -total (Part 2C - OCSD Improvement Area) ........................ ......................$7,203.00
D. Tidal Wetlands and Freshwater Pond Design
1. Final design, plans and specifications.... .............................................. $34,970.00
2. Attend up to 3 project meetings ......... ............................... ......................$9,678.00
Sub -total (Part 2D - City Project Area) ...... ............................... .....................$44,648.00
F. Riparian and Upland Area Planting Design
1. Preparation of Planting Plans and Specifications ............. ......................$8,165.00
2. Preparation of Invasive Vegetation Removal Specifications ...................$3,680.00
3. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00
Sub -total (Part 2E - City Project Area) ...... ..........................:.... .....................$18,630.00
F. Architectural Services
1. Prepare Plans and Specifications ..... ............................... .....................$11,500.00
2. Attend up to 6 project meetings ......... ............................... ......................$6,900.00
Sub -total (Part 2F - City Project Area) ...... ............................... .....................$18,400.00
G. Interpretive Sign Design
1. Design interpretive sign panels ........ ............................... .....................$40,190.00
2. Attend up to 4 project meetings ......... ............................... ......................$1,380.00
Sub -total (Part 2G - City Project Area) ..... ............................... .....................$41,570.00
H. Trail and Overlook Design
1. Prepare Plans and Specifications ..... ............................... .....................$22,425.00
2. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00
Sub -total (Part 2H - City Project Area) ...... ............................... .....................$29,210.00
Sub -total (Part 2A through 2H - City Project Area) ................ ....................$282,970.00 I
Sub -total (Part 2A through 2H - OCSD Improvement Area) ... .....................$31,203.00
I
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Mr. Mark Reader
December 4, 2007
Page 13 of 13
PART 3 - POST - CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP)
A. Post Construction Sampling and Monitoring Plan ........................ ......................$6,900.00
B. Meeting with Big Canyon County Club Golf Course ..................... ......................$1,200.00
Sub -total (Part 3 - City Project Area) ......... ............................... ......................$8,100.00
PART 4 - PROJECT MANAGEMENT, COORDINATION AND MEETINGS
A. Project Management & Coordination .......... ............................... .....................$41,520.00
B. Attendance at project, TAC and City Council Meetings ............... .....................$13,284.00
Sub-total (Part 4 - City Project Area) .................... ............................... .....................$54,804.00
PART 5 ENGINEERING SUPPORT DURING BID PHASE
Sub -total (Part 5 - City Project Area) ..................... ............................... ......................$3,000.00
PART 6 REIMBURSABLE EXPENSES
Sub -total (Part 6 - City Project Are a) ..................... ............................... ......................$9,000.00
TOTAL FEES (PART 1 THROUGH 6 - CITY PROJECT AREA) .......... ....................$396,456.00
TOTAL FEES (PART 1 THROUGH 6 - OCSD IMPROVEMENT AREA) .....................$38,703.00
TOTAL ESTIMATED FEE (PART 1 THROUGH PART 6 - CITY PROJECT &
OCSD IMPROVEMENT AREAS) .............:............. ............................... ....................$435,159.00
We.look forward to being of service to you on this Project. We have the resources available to
perform these services and will initiate work upon the receipt of your "Notice to Proceed'. if you
have any questions, please call,�ohn Wolter at (951) 340 -0030 or me at (949) 474 -1400.
hid, P.E/
and CEO
MPV/kam/cmj
Enclosure:
cc: John Wolter
Daniel Villines
Contracts
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City of Newport Beach
Big Canyon Creek Restoration Project
Phase IV & V Forward Budget Assessment
Prepared By
VA Conwaing, hie.
29d ov-ff
CONSULTING
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VA
WESTON
ACORN LSA R.YEO
GEOSOILS
WRA
Total
Phase Description
Cont. Amt
Cont. Amt
Cont. Amt Cant Amt Cont. Amt.
Cont. Amt.
Cont. Amt,
Amount
I. Feasibility Assessment
-Task Completed -
11. Water Quality QAPP and SAP
-Task Completed -
111. Preliminary Engineering
-Task Completed -
IV. Environmental Review 8 Permits
$23,582
$23,582
V. Outreach, Final Engineering 8 Design
Public Meetings
- Budget Expended -
Final Engineering
$97,600
$13,000 $30,590 $11,500
$34,970
$187,560
Meetings, Technical Team (Original Scope)
$13,284
$1,380
$14,664
VI. Post Construction Water Quality Monitoring Plan
$6,900
$6,900
V8. Project Management/ CoordinatlonlMastingalReimbumables
$50,520
$1200
$13,570 $6,900
$9,678
$81,868
SUBTOTAL (Phase 1 to V8)
$314,874
Vlll. OCSO Meintance Road
$31,500
$7,203
$38,703
IX. Additional Consulting Services
Survey and Mapping
$18,600
$18,600
Geotachnical investigations and Report
$14,412
$14,412
Invasive Vegetation Removal Specifications
$3,680
$3,680
Interpretive Sign Graphic Design
$27,190
$27,190
NPDES City Compliance
$15,000
$15,000
Engineering Support During Bidding
$3,000
$3,000
$
SUBTOTAL (Phase Vill 81X)
$120,686
ores I a
404
$3,100
$41,570 $47,840 $18,400
$21,616
i 88,230
6,169
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0
EXHIBIT j /b"
VA CONSULTING, INC.
FEE SCHEDULE
2007
Staff Classification
Civil Engineering and Planning Services
Hourly Rate
President............................................................ ............................... .....
...... ............................... $190
Division President[Division Manager .................................................................
............................... $173
Sr. Vice President/Vice President/ Exec. Director .................................._.........
............................... $163
Director. .. .............................................................................................._..
. ....._..........._............. $1504 -
SeniorProject Manager ... ............................. .. -- ...._.. ............................:..
................._.........$155
ProjectManager... ............................... ! ..................... ....................................................
st ................ $147
AssistantProject Manager................................... ..: ............. ......................
........ . ..... .... ...... .....:: .... :...... $142
Senior Project Engineer /Senior Design SuperaisorlSenlor Planner ..................
............................... $137
Project Enginw/Design Supervisor ......................... _.. ................. ...........................
............ ............ $132
Inspector.............................................................................. ...............................
.... $130a --
Senior Design Engineer/Senior Designer ..........................................................
............................... $122*"
DesignEngineer/ Planner ....................... :....................... .. .....................................
... ............ ............. $117
Designer............... : ............. ....... ...... .... ................... :........................................
:..... ....... ............ ......... $110
Assistant Engineer /Assistant Planner.,.... ................................ 2. ...... ......
........................ ........... $100
Research and Processing Coordinator_....... .....................................................:.
...:........:::.....:.......... $95
SeniorGADD Technician .............. ...........................................................................
.............. _........... $90
JuniorEngineer ........................... ............................. .... .....:.........._...............
............................... $86
CADDTechnician ..................................... ........ .. .......................... _ ...........................
..................... .... $80
EngineeringIntern ................................................................ :. ......... ...................................................
$70
OfficeSupport( Clerical .......................................................................................
............................... $fig
Field Survey and Manning Services
Director of Survey and Mapping ............................... .............................
............................... . -- ....... $168
Managerof field Survey .............. ...............................................
......................... ...........................$130
Surveyand Mapping Associate ..... --- .............................................................
........ ....:............:............, $ ,
Surveyand Mapping Technician .... ......................................................
......._................................. ........... $75'
3-Man OPS Crew ....... _ ..................................................................
............................... ...........................$226
2-Man GPS Crew ....................... .. ............................ ....................._.......
-- ........ .._........................$300
1 Wan GPSCrew .................. ............................. -- ........_...
......._....................... ...........................$170
Special Services
Litigation .......................................
Notes.
. ............... ................. _.........$400
1. Invoices will be prepared for all services through the,end of each calendar month. Invoices are due and payable on presentation.
2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays
will be surcharged at a rate of 170% of the standard hourly rates
3. Reprographics, messenger service, travel tirrcluding lodging and meals), and other direct expenses will be eharged at cost plus
106/6. The services of outside consultants will be charged accost plus 15% to cover administration and overhead.
4. In -house reprographics charges: B&W Bond copies $1,00*.ft, Color Bond 88.00/@q.it.
5. Mileage Wit be billed at standard mileage rates set by IRS. 2007 rates currently listed at $0.485 per mile.
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FIGURE 2.2.2
Grading, Drainage, and
Utilities Plan
ifty of Newport BeacI6 NO. BA- 08BA -032
BUDGET AMENDMENT
2007 -08 AMOUNT: $tss,3sl.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND NX Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations due to contributions from the Orange County Sanitation
District and the Irvine Ranch Conservancy and to increase expenditure appropriations from Tidelands fund balance for
approval of a PSA with VA Consulting to provide design services for the Big Canyon Creek Restoration Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE I Amount
Fund Account Description Debit Credit
230 3605 Tidelands Fund - Fund Balance $48,456.00 "
REVENUE ESTIMATES (3601)
Fund /Division Account Description
250 4839 Contributions - OC Sanitation District Contri $28,222.00
250 4839 Contributions - OC Sanitation District Contri $38,703.00
250 4887 Contributions - Irvine Ranch Water District $50,000.00
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Autcmaf7c System Entry.
Signed:
Approval: Administrat4o Services Director
Signed:�Jir.+..v^'
Signed:
City Manager
'Date
d�
at
City Council Approval: City Clerk Date
Description
Division
Number
7251
Contributions
Account
Number
C5100709
Big Canyon Creek Restoration
$28,222.00
Division
Number
7251
Contributions
Account
Number
C5100709
Big Canyon Creek Restoration
$38,703.00
Division
Number
7251
Contributions
Account
Number
C5100709
Big Canyon Creek Restoration
$50,000.00
Division
Number
7231
Tidelands Capital
Account
Number
C5100709
Big Canyon Creek Restoration
$48,456.00
Division Number
Account Number
Autcmaf7c System Entry.
Signed:
Approval: Administrat4o Services Director
Signed:�Jir.+..v^'
Signed:
City Manager
'Date
d�
at
City Council Approval: City Clerk Date