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Home My WebLink AboutC-3593 - PSA for Big Canyon Creek Restoration Project (Phase II; Engineering, Design, Permitting, and Final Construction Documents)• • PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES, INC. THIS AGREEMENT is made and entered into as of this adday of 2006, by and between the CITY OF NEWPORT BEACH, a Municipal C rporation ( "City "), and WRC CONSULTING SERVICES a California Corporation whose address is 1800 E. Garry Ave., Ste. 213, Santa Ana, California, 92807 ( "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 business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement Phase II of the Big Canyon Creek Restoration Project (Engineering, Design, Permitting, and Final Construction Documents). C. City desires to engage Consultant to perform engineering, design, permiting and permit processing services, environmental review, outreach, the provision of construction drawings and more as described in the Scope of Work ('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 LAN WEBER. 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 3151 day of March, 2008, 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 Attachment A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Schedule included in Attachment B. The failure by Consultant to strictly adhere to the Schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Attachment C 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 Six Hundred Thousand, Nine Hundred Eighty-Five Thousand, Five Hundred Ninety -Five Dollars and no /100 ($698,595.00) 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 2 0 0 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 Attachment C. 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 LAN WEBER to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel, Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Department and Public Works Department. DAVE KIFF, ASSISTANT CITY MANAGER, shall be the Project Administrator and shall have the authority to act for City under this 3 • 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 0 0 • 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. R • 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. 5i nature. 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. 6 r i. 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: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising 7 • 0 directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (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 orjoint- 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 N 0 • perform work on this Project are identified in Attachment D. 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. 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 O 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 compfy with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement, 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 10 9 • deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants for the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Kiff City Manager's Office City of Newport Beach 3300 Newport Boulevard 11 Newport Beach, CA, 92663 Phone: 949 - 644 -3002 Fax: 949 - 644 -3020 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lan Weber WRC Consulting Services, Inc. 1800 E. Garry Ave., Ste. 213 Santa Ana, CA 92705 Phone: 714 - 970 -8808 Fax: 714- 970 -8844 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at anytime 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. 12 9 • 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. 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. 13 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ROBIN CLAUSON, City Attorne_oj for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporatio C Y -_ DON WEBB, Mayor for the City of Newport Beach CONSULTANT: By: Lan Weber WRC Consulting Services, Inc. Attachments: A — Scope of Services B — Project Schedule C — Schedule of Billing Rates, including Task Budget Summary D — Listing of Subconsultants F:\users\cat\shared\Ag\PRofServices\FinalVersion08-30-04.doc 14 0 0 Attachment A BIG CANYON CREEK RESTORATION PROJECT SCOPE OF SERVICES The City desires that the Consultant bring the Project from its Conceptual Plan to final construction drawings. More specifically, the Consultant shall provide these six Parts: I — Feasibility Assessment; II — Water Quality QAPP and SAP; III — Preliminary Engineering; IV — Environmental Review & Grant Opportunities; V — Outreach, Final Engineering & Design; VI — Post - Construction Water Quality Monitoring Plan; and Part I -- Feasibility Assessment of Phase One's Conceptual Plan. The Consultant shall assess the Project's feasibility in part by gathering required information to analyze or improve upon Phase One's Historic Wetlands Conceptual Plan. Specific tasks shall include: 1. Establish (in consultation with the City) and convene Technical Advisory Committee (TAC) and meet with TAC to review Conceptual Plan. TAC membership is suggested to include representatives of DFG, the US Fish and Wildlife Service, the National Marine Fisheries Service, the City, the State Coastal Conservancy, the Regional Board, and representation from a Non - Governmental Organization, like the NBNF; 2. Gather existing information about the Conceptual Plan, especially whether the Plan will meet water quality objectives and whether the plan is hydrologically sound; 3. Meet with impacted resources agency representatives and City staff to discuss the Conceptual Plan, its water quality component, and any alternatives and 4. Based on these meetings, determine the Optimum Plan and additional studieslanalysis required, if any, to confirm its feasibility. While it is understood that the time spent during planning can expand to accommodate examining additional options, the Consultant shall clearly define tasks that are reasonably needed to accomplish the Feasibility Assessment phase of the project. Part 11 — Water Quality QAPP and SAP. The consultant shall review existing water quality data to attempt to characterize the baseline water quality of the Big Canyon system. To further this characterization, the Consultant shall:l 1. Develop and submit an approved Quality Assurance Program Plan (QAPP) to the Regional Board. The QAPP must be consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). 2. Develop, submit, and implement an approved Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the specific water quality constituents to be monitored and the frequency /schedule for the monitoring activities. Monitoring activities shall include pre - Project baseline monitoring and a specific plan for post - Project monitoring to determine water quality improvement resulting from the restoration project. Post - Project monitoring shall be done by the City or another contractor in the post - construction phase of the Project (see Part Vl of the Scope of Work for Post - Construction Monitoring Plan). Sub -tasks here are: 15 0 a. Conduct the water quality sampling and analysis program per the approved SAP; b. Establish a baseline water quality evaluation of the Project area by characterizing contaminants entering or present; c. Submit the water quality data to the Regional Board in report form and electronic format. Part III -- Preliminary Engineering (to 30 % design for Alternatives). Services under this Phase shall include: 1. Revise timeline for Phase 11 (this specific phase of the larger restoration project) If appropriate, include time and budget requirements for additional studies /analysis required to confirm Optimal Plan's feasibility and /or to develop appropriate alternatives for NEPA/CEQA compliance; 2. If the Consultant proposes any changes in the Design Team that the Consultant originally submitted in response to the RFP, the Consultant shall provide such recommended changes to the City, SCC and Regional Board for approval NOTE: At the completion of Steps 111 -1 and ill -2, the consultant must stop further work until receiving a formal Notice to Proceed from the City, SCC, and Regional Board. With a Notice to Proceed in hand, the consultant may proceed to Step 111 -3.1 3. Conduct additional studies and a public workshop associated with these studies, if warranted; 4. Develop the Optimal Plan and any design alternatives to a level sufficient for NEPA/CEQA analysis (level of design required for the alternatives shall be 30 %). The Optimal Plan shall include: 5. 6. M • Restoration of all habitat areas (riparian, wetlands, meadow, fresh water pond, mudflat, coastal sage scrub); • Removal of all non - natives and replacement with appropriate native and non - invasive species; • Water quality protective measures and facilities. NOTE: water quality improvement measures shall not rely solely on natural treatment systems (please see `Habitat Value of Natural and Constructed Wetlands Used to Treat Urban Runoff: A Literature Review" @ www.scwm.oM documents/SAPITreatment wetlands /TreatmentWetlandsCover.pdo; • Erosion control, hydrologic, and hydraulic measures and facilities that control 100 -year storm flows and sedimentation such that storm flows and sediment does not damage improvements in the Park or habitat in Upper Newport Bay; • Realignment of Back Bay Drive, pedestrian and bicycle trails, boardwalks and bridges, overlooks, parking, comfort station(s), and interpretive and educational areas for the public, including facilities that provide access to persons with disabilities (to the extent required under ADA and to the extent possible). Interpretive and educational elements should be coordinated with existing educational efforts of the stakeholders; • Hydrologic and hydraulic measures and facilities Realignment of Back Bay Drive (if appropriate) to City specifications, including culverts, grading, paving, etc. • Repair and improvement of tidal structures and /or spillways for fresh water pond areas; Provide detailed control and topographical surveys; Confirm the location of private and publicly -owned utilities within the Project area, and provide pre - engineering to show how they may be serviced and preserved under the Optimal Plan; Provide soil borings and a geotechnical report for the proposed improvements; Conduct biological studies and analysis, including (but not limited to): 0 r • Addressing the environmental setting; • Section 7 (Endangered Species Act) consultation with National Marine Fisheries and US Fish and Wildlife Service; • Data collection for candidate and listed species to include in a Biological Assessment for any incidental take statements; and • Wetlands delineation. 9. Coordinate pre- design work with City staff through the City's project manager; 10. Develop a detailed preliminary cost estimate for the selected alternative; and 11. Discuss materials and data with TAC, and respond to TAC's comments. Part IV -- Environmental Review & Grant Opportunities. environmental review services may progress concurrently with Preliminary Engineering tasks (where appropriate) and shall include: 1. Mitigation Opportunity Review /Planning. The Consultant shall evaluate and make recommendations on avenues for construction funding, including coordination with and assistance to interested parties (such as the County of Orange or the Transportation Corridor Agencies) who may need to use the site for mitigation expenditures. In the event that mitigation dollars are available, the Consultant shall adjust CEQA/NEPA process accordingly and detail likely maintenance obligations within CEQA/NEPA process. 2. CEQA/NEPA Review and Documentation: In addition to compliance with the CEQA, the City may need to comply with NEPA in the event that a Federal agency provides construction funding or that a Clean Water Act Section 404 permit is needed. a. Prepare an Initial Study reflecting the Optimal Plan and its alternatives; b. Determine which level of environmental review is appropriate (MND, EIR, other); c. Prepare and submit Notice of Preparation (NOP); d. Hold at least one scoping meeting and receive agency /stakeholder/TAC comments; e. Prepare administrative draft of environmental document and circulate to staff of Regional Board, City, and SCC for comments and revisions; f. Circulate draft environmental document to the public; g. Hold public review meeting and respond to comments; h. Prepare final environmental document, including mitigation measures as necessary. 3. While feedback from agencies on environmental review and permit documents should be sought before proceeding to final design and construction -ready documents, modifications of designs and construction -ready documents may be required to comply with environmental or permitting approvals. 4. Prepare and submit applications for all permits and obtain all agency approvals /permits for the Project. 5. Serve as the lead consultant (with City or other groups' support) to prepare two or more grant applications associated with the Project. Part V — Outreach, Final Engineering & Design. Design services comprise a substantial portion of the Scope of Work, and shall bring the Optimal Plan to final design and construction - ready documents. These services shall include:1 1. Join City staff and others in communication and up to two (2) meetings with residents and commercial entities upstream to discuss Optimal Plan, including any runoff reduction efforts planned for upstream businesses and residents. 2. Surveying the project site and preparing fully dimensioned base sheets. Survey information shall be provided at close intervals as needed at critical areas.1 17 3. Final Design of the Optimal Plan. This design shall include engineering and preparation of construction -ready documents (to City of Newport Beach Public Works Standards — see later in the RFP) for the installation of all improvements; 4. Preparing detailed special provisions, quantities and a final cost estimate; 5. Development of a post- construction Long -Term Maintenance Plan (with cost estimates) for the Project; 6. Discuss materials and data in Design phase with TAC, respond to comments; 7. With assistance of City staff, convene and staff a workshop with interested stakeholders; Part VI — Post - Construction Monitoring Plan. Building on the pre- Project SAP for Water Quality in Part Il, this section of the Scope of Work shall consist of: Developing and submitting an approved Post - Construction Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the types of water quality constituents to be monitored and the frequency /schedule for the monitoring activities. No post- construction monitoring is expected from the Consultant; however, the Consultant may later be requested under a separate contract to administer the Post - Construction Monitoring SAP once the Project is constructed. Part VII — Project Management/CoordMation. The Consultant shall manage each section of this project, including subconsultant management, to the satisfaction of the City such that all aspects of this Scope of Services are completed. m 0 0 Attachment A BIG CANYON CREEK RESTORATION PROJECT SCOPE OF SERVICES The City desires that the Consultant bring the Project from its Conceptual Plan to final construction drawings. More specifically, the Consultant shall provide these six Parts: I — Feasibility Assessment; II — Water Quality QAPP and SAP; III — Preliminary Engineering; IV — Environmental Review & Grant Opportunities; V — Outreach, Final Engineering & Design; VI — Post - Construction Water Quality Monitoring Plan; and Part I -- Feasibility Assessment of Phase One's Conceptual Plan. The Consultant shall assess the Project's feasibility in part by gathering required information to analyze or improve upon Phase One's Historic Wetlands Conceptual Plan. Specific tasks shall include: 1. Establish (in consultation with the City) and convene Technical Advisory Committee (TAC) and meet with TAC to review Conceptual Plan. TAC membership is suggested to include representatives of DFG, the US Fish and Wildlife Service, the National Marine Fisheries Service, the City, the State Coastal Conservancy, the Regional Board, and representation from a Non - Governmental Organization, like the NBNF; 2. Gather existing information about the Conceptual Plan, especially whether the Plan will meet water quality objectives and whether the plan is hydrologically sound; 3. Meet with impacted resources agency representatives and City staff to discuss the Conceptual Plan, its water quality component, and any alternatives and 4. Based on these meetings, determine the Optimum Plan and additional studies /analysis required, if any, to confirm its feasibility. While it is understood that the time spent during planning can expand to accommodate examining additional options, the Consultant shall clearly define tasks that are reasonably needed to accomplish the Feasibility Assessment phase of the project. Part II — Water Quality QAPP and SAP. The consultant shall review existing water quality data to attempt to characterize the baseline water quality of the Big Canyon system. To further this characterization, the Consultant shall: Develop and submit an approved Quality Assurance Program Plan (QAPP) to the Regional Board. The QAPP must be consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). Develop, submit, and implement an approved Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the specific water quality constituents to be monitored and the frequency /schedule for the monitoring activities. Monitoring activities shall include pre- Project baseline monitoring and a specific plan for post- Project monitoring to determine water quality improvement resulting from the restoration project. Post - Project monitoring shall be done by the City or another contractor in the post - construction phase of the Project (see Part V1 of the Scope of Work for Post - Construction Monitoring Plan). Sub -tasks here are: 15 a. Conduct the water quality sampling and analysis program per the approved SAP; b. Establish a baseline water quality evaluation of the Project area by characterizing contaminants entering or present; c. Submit the water quality data to the Regional Board in report form and electronic format. Part III -- Preliminary Engineering (to 30% design for Alternatives). Services under this Phase shall include: 1. Revise timeline for Phase II (this specific phase of the larger restoration project) If appropriate, include time and budget requirements for additional studies /analysis required to confirm Optimal Plan's feasibility and /or to develop appropriate alternatives for NEPA/CEQA compliance; 2. If the Consultant proposes any changes in the Design Team that the Consultant originally submitted in response to the RFP, the Consultant shall provide such recommended changes to the City, SCC and Regional Board for approval . NOTE: At the completion of Steps 111 -1 and 111 -2, the consultant must stop further work until receiving a formal Notice to Proceed from the City, SCC, and Regional Board. With a Notice to Proceed in hand, the consultant may proceed to Step 111 -3. 3. Conduct additional studies and a public workshop associated with these studies, if warranted; 4. Develop the Optimal Plan and any design alternatives to a level sufficient for NEPA/CEQA analysis (level of design required for the alternatives shall be 30 %). The Optimal Plan shall include: • Restoration of all habitat areas (riparian, wetlands, meadow, fresh water pond, mudflat, coastal sage scrub); • Removal of all non - natives and replacement with appropriate native and non - invasive species; • Water quality protective measures and facilities. NOTE: water quality improvement measures shall not rely solely on natural treatment systems (please see "Habitat Value of Natural and Constructed Wetlands Used to Treat Urban Runoff: A Literature Review" @ www. scwrp .orgiMocuments/SAP/Treatment wetlands /TreatmentWettandsCover.pdo; • Erosion control, hydrologic, and hydraulic measures and facilities that control 100 -year storm flows and sedimentation such that storm flows and sediment does not damage improvements in the Park or habitat in Upper Newport Bay; • Realignment of Back Bay Drive, pedestrian and bicycle trails, boardwalks and bridges, overlooks, parking, comfort station(s), and interpretive and educational areas for the public, including facilities that provide access to persons with disabilities (to the extent required under ADA and to the extent possible). Interpretive and educational elements should be coordinated with existing educational efforts of the stakeholders; • Hydrologic and hydraulic measures and facilities Realignment of Back Bay Drive (if appropriate) to City specifications, including culverts, grading, paving, etc. • Repair and improvement of tidal structures and /or spillways for fresh water pond areas; 5. Provide detailed control and topographical surveys; 6. Confirm the location of private and publicly -owned utilities within the Project area, and provide pre- engineering to show how they may be serviced and preserved under the Optimal Plan; 7. Provide soil borings and a geotechnical report for the proposed improvements; 8. Conduct biological studies and analysis, including (but not limited to): 16 • • Addressing the environmental setting; • Section 7 (Endangered Species Act) consultation with National Marine Fisheries and US Fish and Wildlife Service; • Data collection for candidate and listed species to include in a Biological Assessment for any incidental take statements; and • Wetlands delineation. 9. Coordinate pre- design work with City staff through the City's project manager; 10. Develop a detailed preliminary cost estimate for the selected alternative; and 11. Discuss materials and data with TAC, and respond to TAC's comments. Part IV -- Environmental Review & Grant Opportunities. Environmental review services may progress concurrently with Preliminary Engineering tasks (where appropriate) and shall include: 1. Mitigation Opportunity Review /Planning. The Consultant shall evaluate and make recommendations on avenues for construction funding, including coordination with and assistance to interested parties (such as the County of Orange or the Transportation Corridor Agencies) who may need to use the site for mitigation expenditures. In the event that mitigation dollars are available, the Consultant shall adjust CEQA/NEPA process accordingly and detail likely maintenance obligations within CEQA/NEPA process. 2. CEQA/NEPA Review and Documentation: In addition to compliance with the CEQA, the City may need to comply with NEPA in the event that a Federal agency provides construction funding or that a Clean Water Act Section 404 permit is needed. a. Prepare an Initial Study reflecting the Optimal Plan and its alternatives; b. Determine which level of environmental review is appropriate (MND, EIR, other); c. Prepare and submit Notice of Preparation (NOP); d. Hold at least one scoping meeting and receive agency /stakeholder/TAC comments; e. Prepare administrative draft of environmental document and circulate to staff of Regional Board, City, and SCC for comments and revisions; f. Circulate draft environmental document to the public; g. Hold public review meeting and respond to comments; h. Prepare final environmental document, including mitigation measures as necessary. 3. While feedback from agencies on environmental review and permit documents should be sought before proceeding to final design and construction -ready documents, modifications of designs and construction -ready documents may be required to comply with environmental or permitting approvals. 4. Prepare and submit applications for all permits and obtain all agency approvals /permits for the Project. 5. Serve as the lead consultant (with City or other groups' support) to prepare two or more grant applications associated with the Project. Part V — Outreach, Final Engineering & Design. Design services comprise a substantial portion of the Scope of Work, and shall bring the Optimal Plan to final design and construction - ready documents. These services shall include: Join City staff and others in communication and up to two (2) meetings with residents and commercial entities upstream to discuss Optimal Plan, including any runoff reduction efforts planned for upstream businesses and residents. Surveying the project site and preparing fully dimensioned base sheets. Survey information shall be provided at close intervals as needed at critical areas. 17 41 • 3. Final Design of the Optimal Plan. This design shall include engineering and preparation of construction -ready documents (to City of Newport Beach Public Works Standards — see later in the RFP) for the installation of all improvements; 4. Preparing detailed special provisions, quantities and a final cost estimate; 5. Development of a post- construction Long -Term Maintenance Plan (with cost estimates) for the Project; 6. Discuss materials and data in Design phase with TAC, respond to comments; 7. With assistance of City staff, convene and staff a workshop with interested stakeholders; Part VI — Post - Construction Monitoring Plan. Building on the pre - Project SAP for Water Quality in Part II, this section of the Scope of Work shall consist of: Developing and submitting an approved Post - Construction Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the types of water quality constituents to be monitored and the frequency /schedule for the monitoring activities. No post - construction monitoring is expected from the Consultant; however, the Consultant may later be requested under a separate contract to administer the Post - Construction Monitoring SAP once the Project is constructed. Part VII — Project Management/Coordination. The Consultant shall manage each section of this project, including subconsultant management, to the satisfaction of the City such that all aspects of this Scope of Services are completed. iE_3 • E n n1 n 7' 3 rt Ln:. Big Canyon Restoration Project City of Newport Bath Phase II -- Engineering, Design, Permitting, and Final Construction Documents W RC WRC Conwnlrp SKVIre., Mr. eNNW. Y1S Ins WS Wit SIRS tins tats SRS 2115 WIS 4115 SRS W1S a1S SRS 1115 10"S 11111 I -hn 4KnmK1 TAC YnW S - AIM, 0 DMPr SM OnN WM Waft FN ~ Dr4FII.eer IlNUiuellr Chv.cYro.lbn N ConIMn.N. N- Ennremm�W Re dG,w op ft.N - -_ CYa41.nIM d,eN ayr Fi.RD�s D4 ,^nor w'hVmrn CEDNNFPh END YY/YNr M1e.►)rW rN eRq Rte^ MM^N N1 101 n.,.e Csnlrn,ear ,.,wnrte„ On Cyp},ra, etl LbMwY/Inr .P.Mnr1 (W Rsw rA Wwdr YC AM'we ' FW$SKlbn! /PgfiM,bNIMe�a+.m Aw-d yo�ne .eP� tlrll C..MA COIrm„nM Mw, MJ , ......... .prwN V. 0N.. F" EVI.g ADK n _ _ -- P.14 W.Imr FYN FryhreKlnE mn , r IKhnba " W - Pu.l L.mlrucb.n WN.r 0n. M.nNai PIK VYPrgM • E n n1 n 7' 3 rt Ln:. • • Attachment C pis �_ WRC HOURLY LOADED CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Effective October 1, 2004 Clerical....................................................................................... ............................... $ 50.00 CADDrafter ................................................................................ ............................... $ 60.00 CADDesigner ........................................................................... ............................... $ 76.00 StaffProfessional ................................................................... ............................... $ 96.00 Senior Professional.. ................................................................... - ............................ $ 115.00 ProjectManager. ..... ........... ......................................................... ........................... $ 140.00 PrincipalEngineer ...................................................................... ..............................$ 140.00 0A/QC ........................................................................................ ............................... $ 165.00 Administrative Word Processor /Admin. Support ............................................... ............................... $ 50.00 Graphic Designer / Publisher ....................................................... ............................... $ 55.00 Reimbursable In -House Costs B &W Photo Copies (up to 8.5" x11") ......... ............................... B &W Photo Copies (up to 11" x17") .......... ............................... Color Copies (up to 8.5" x11 ") ................... ............................... Color Copies (up to 11" x17") .................... ............................... Color Print Original (up to 8.5" x11 ") ........ ............................... CADD Print Original (B &W, 11 "x17 ") ...... ............................... CADD Print Original (Color 11" x1T') ........ ............................... CADD Print Original (BNV, 24 "x36 ") ........ ............................... CADD Print Original (Color, 24 "x36) ....... ............................... CADD Print Original (Color, 36 "x44 ") ...... ............................... Mileage.................................................... ............................... .. ............................... $ 0.10 /Each .. ............................... $ 0.15 /Each .. ............................... $ 1.00 1Each .. ............................... $1.50 /Each .. : ............. ................. $ 2.00 /Each .. ............................... $ 1.00 /Each ............................... $ 3.00 /Each ............................. $ 5.00 /Each .. ............................... $ 24.00 /Each .. ............................... $ 40.00 /Each ... ..............................$ 0.365mile Reproduction, special photography, postage, delivery services, express mail, CADD printing and any services performed by subcontractor, will be billed at cost plus 10 %. There will be a negotiated increase in rates after December 31, 2005. 5100 E. La Palma Avenue. Suite 116. AngWnn Hills. California. 92807. 714.970.8808 . 714.970.8844 fax, www.wrcinc.net Big Canyon Restoration Project Phase II -- Engineering, Design, Permitting, and Final Construction Documents City of Newport Beach DESCRIPTION WRA I - Feasibility Assessment 3rd parry review TAG Meeting $ 1,200 $ PaaeiMtay study $ 9,000 $ g- Water Quality QAPP and SAP QAPP "Ad SAP Ba ialinn Water Quality Evalualien a,M CM1aneteriralign er Ca,demtoanb 111- Preliminary Engineering PreOminary Engl,wean9 $ 12,000 $ Tech neall Team Meeting $ 1,500 $ IV - Environmental Review & Grant Opportunities CEQAMEPA MND $ 31,700 Regulatory $ 48,500 Grant $ 2,000 $ V- Outreach, Final Engineering & Design 7b�ia`l, 'i t1, 20i16 Public Memmg $ 2,000 Final Engi„eering $ 23,000 $ Techncall Tcam Manaus $ 1,600 $ VI - Post Construction Water Quality Monitoring Plan Anchor Ron Yea Acorn Aliwest FEE VII - Construction Management (optional) 1,000 VIM - Project Managent"ticity Comidnation $ 5,000 Grand Labor Total $ 100,800 $ Reimbursable $ 3.500 S Grand Total 1 104,300 1 $ 18,000 7,200 $ 4,000 1,000 3,000 5,300 $ 2,000 800 $ 6,000 $ 18,000 $ 61000 $ 10,000 $ 15,000 $ 54,200 $ 5D0 $ 500 $ 3,500 $ 24,000 $ 24,000 $ 48,500 $ 5,000 $ 1,000 $ S00 $ 500 $ 4,000 $ 9,OOD $ 13,900 $ 52,300 S 2,400 $ 6,000 21,800 $ 31,700 $ WRC Consulting Services, Inc. Subconsultant Team $ 32,000 $ 16,000 $ 7b�ia`l, 'i t1, 20i16 $ 15,000 $ TOTAL Earthworks Weston Everest Anchor Ron Yea Acorn Aliwest FEE $ 1,000 $ 5,000 $ 5,000 Soo $ 500 $ 2,400 $ 4,600 4,000 $ 1,200 $ $ 7,000 $ 21,200 $ 18,000 7,200 $ 4,000 1,000 3,000 5,300 $ 2,000 800 $ 6,000 $ 18,000 $ 61000 $ 10,000 $ 15,000 $ 54,200 $ 5D0 $ 500 $ 3,500 $ 24,000 $ 24,000 $ 48,500 $ 5,000 $ 1,000 $ S00 $ 500 $ 4,000 $ 9,OOD $ 13,900 $ 52,300 S 2,400 $ 6,000 21,800 $ 31,700 $ 7,400 $ 32,000 $ 16,000 $ 24,000 $ 15,000 $ 248,700 2,000 $ 25,000 $ 1,000 $ 1,000 $ 71000 $ 39,500 23,800 1 56,700 $ 8,400 $ 33,000 $ 16,001) $ 24,000 $ 22,000 $ 258,200 • 0 Big Canyon Restoration Project 4,, Phase II -- Engineering, Design, Permitting, and Final Construction Documents w WR C City of Newport Beach WRC Consulting Services, Inc. May 1f. 20013 165 "' ;' 140 - .1151, - 96 - ° -=rG, 50 Principal) Sr. CADD TOTAL TOTAL Sub consultant DESCRIPTION QAIQC Managod Professional Professional Designer Clerical HOURS FEE FEE Specialist I — Feasibility Assessment Third Party Review S 5,000 TAC Meeting 48 48 24 120 S 14,064 5 4,600 Feasibility Study 12 98 180 120 410 $ 45,520 $ 21,200 II — Water Quality QAPP and SAP Baseline Water Quality Evaluation and Characterization of Contaminants 4 4 40 48 $ 4,060 $ 16,000 111 — Preliminary Engineering (30%) Preliminary Engineering 20 120 156 140 350 786 $ 78,080 $ 54,200 Technical Team Meeting 36 36 $ 5,040 $ 3,500 IV — Environmental Review & Grant Opportunities CEQAINEPA MND 12 80 92 $ 9,360 $ 24,000 Regulatory $ 48,500 Grant 40 40 $ 5,600 $ 5,000 V- Outreach, Final Engineering & Design Public Meeting 24 12 48 32 116 $ 9;988 S 4,000 Final Engineering 60 136 464 282 664 1606 $ 159,836 $ 52,300 Technical Team Meeting 72 72 144 $ 18,360 $ 2,400 VI - Post Construction Water Quality Monitoring Plan 4 4 $ 560 $ 6,000 VII - Project Management/Coordination 220 84 64 $ 40,384 Grand Labor Total 92 814 502 1330 96 3402 $ 390,852 $ 248,700 Reimbursable $ 19,543 $ 39,500 Total $ 410,395 $ 288,200 ;.PROJECT TOTAL :_ ": - •- ,�.,.: ' - �.. _ �;,. $ 698,595 • 0 Big Canyon Restoration Project Phase 11 -- Engineering, Design, Permitting, and Final Construction Documents WRC City of Newport Beach WRC Consulting Services, Inc. Wily 16, ;1.11c", FEE ESTIMATE ASSUMPTIONS Historical Tidaf Alternative per previous concept plan was used as the basis of fee estimates; additional alternative study, revision, and selection requires extra tee. Other assumptions for fee estimates include: Biology baseline data are not significantly different than the previous report and Historical Tidal Alternative Is the focus of feasibility study. Feasibility report and permit document technical appendices are similar and no additional report format is required. City to invite public and provide public meeting location. City to reproduce and distribute documents. City to reproduce bid package. One public meeting of the three scheduled is to be combined with the CEQA public hearing Mitigated Negative Declaration; no EIS; No mitigation needs other than ordinary construction mitigation. WRC to provide POF files and four sets of draft feasibility report and three design level PS &E (35%,76%,90%) plus Final PS &E. Revisions for each level are to be included In the next level submittal. WRC to provide a survey control line and Digital Terrain Mapping (DTM) data for grading operation; no control for sections and outside boundaries. One interpretive panel at kiosk and four signs along trails for final design. Panels and sings can be reproduced by City for other locations. • Two week review time. PS &E review per City requirements only. Project period not to exceed eighteen months from project start. Work not Included in the fee estimates: tidal hydrodynamic and surface flow hydraulic two dimensional models; new QAPP and SAP (if required); architectural level graphic Illustration; non preferred alternative technical analysis and documentation; fishery biology survey and alternative analysis; field Identification of construction elements (typically associated with construction contract); provision of background documents and research that went Into Phase It's construction materials choices; technical specifications for special plant handling, wafer quality BMP, and bioengineering measures; construction phasing and SWPPP; operation and maintenance program; detailed post construction biological monitoring plan and estimates; and soils biomass and water quality bioassay tests. • • Attachment D Y �i Big Canyon Creek Restoration Project Phase 11 Engineering, Design, Permitting, and Final Construction Documents David H. Pohl, Ph.D., P.E. WRC/Weston Solutions Field Crew Henry M. Fehlman, P.E.(Riverine) Ying Poon, Ph.D. (Tidal) Crystal M. Acker (Tidal Marsh) Margot Griswold, Ph.D. (Riparian Upland) Kathy Kean (Avian) Rick Ware (Fisheries) WRA (USACE, RWQCB, F &G) Anchor (CEQA/NEPA) Henry M. Fehlman, P.E. (Coordina Lan Weber, Ph.D., P.E. Martin Carlassare, P.E., C.E.G. Margot Grisold, Ph.D. David H. Cannon, P.E. Marty Carlassare, P.E., C.E.G. Michael Josselyn, Ph.D. Roland D. Wass, Ph.D., P.E. Lan Weber, Ph.D., P.E. Other Technical Discipline Support Ron Yeo, F.A.I.A. Peter Miles, A.S.L.A orqe Salvaggio, M.L.A. Jennifer Adams Rigby (Acorn Group) Jaw RE. Wilbert Cho, P.E. Peter Duk, P.E. Ricardo Perez Rich Josenhans, P.L.S. Geotechnical John Gery, P.E., G.E. Sediment Disposal Steven H. Cappellino {er K :11,:10:1: r :� AAM :iJ6 TO: • • C- 3�q3 1100 -;Wa6) ITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 May 23, 2006 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Contract for the Big Canyon Creek Restoration Project— Phase It (Engineering, Design, Permitting, and Final Construction Documents) ISSUE: Should the City enter into a $698,595 contract with WRC Consulting Services, Inc. to do Engineering, Design, Permitting, and Final Construction Documents (Phase 11 of III phases) for the Big Canyon Creek Restoration Project? RECOMMENDATION: 1. Authorize the Mayor to sign a Professional Services Agreement with WRC Consulting Services in the amount of $698,595 to conduct design, engineering, permitting, and the preparation of construction documents for the Big Canyon Creek Restoration Project. 2. Authorize the City Manager or his designee to approve any change orders to the WRC Consulting Services contract provided that such change orders do not exceed 10% ($70,000) of the contract cost and provided that previous budget authorization for such expenditure exists. DISCUSSION: Newport Bay is Newport Beach's most treasured environmental asset. From the ecological reserve and parkland in the Upper Bay to the boating, residential, and visitor - serving uses in the Lower Bay, Newport Bay is home to six endangered species, the nation's largest small craft harbor, tour and charter boat operations, more than sixty different commercial ventures, rowing clubs, yacht races, and millions of visitors annually. •Contract with WRC for Phase ti of Big Con Creek Restoration Project May 23, 2006 Page 2 Upper Newport Bay - including its Ecological Reserve (administered by the California Department of Fish and Game), its Regional Park (administered by the County of Orange) and the access provided by Back Bay Drive (administered by the City) - is one of California's more challenging resources to manage and protect. Several major and complex Upper Bay projects involving a multitude of agencies are underway today, including: • Upper Newport Bay Ecological Restoration Project. This US Army Corps of Engineers -led (US ACE) effort is a $38.5 million dredging project underway today. • Newport Bay /San Diego Creek Watershed Feasibility Study. This US ACE -led Study looks at ways to reduce sediment and nutrient deposits in the Upper Bay by keeping the sediment at its source. The Study is identifying locations in the San Diego Creek watershed that will catch sediment, treat runoff (in part via the IRWD's Natural Treatment System or "NTS" project), and preserve and restore habitat. Sediment/Nutrient TMDL Compliance. To comply with US EPA - adopted Total Maximum Daily Loads (TMDLs) that limit sediment and nutrients into the Bay, the City funds ongoing monitoring and maintenance of upstream environments to meet the TMDLs' limits. Even with these three major efforts, the Upper Bay still faces significant problems relating to the region's heavy use of the Bay as a park, reserve, and local resource. These problems include: Erosion of the City -, County -, and privately -owned slopes that abut the Bay; • Infestation by non - native plants; • Increased threats to endangered, threatened and species of concern; • Continued serious loss of wetland, saltmarsh, mudflat and transitional habitats; • Trespassing in sensitive areas due to a lack of appropriate public access; and • Inputs of contaminated runoff from Bay- adjacent residential and business areas. While the County and the State of California administer much of the Upper Bay, the City owns and manages Big Canyon Nature Park (see diagram). Big Canyon Nature Park's roughly 58 acres include Big Canyon Creek, a drainage that receives runoff from two square miles of primarily urbanized watershed, the Big Canyon Country Club and adjacent residences. The Nature Park is largely unrestored and has extensive problems with invasive species and poor water quality due to urban runoff. In January 2003, the City Council approved what's referred to as "Phase I" (the development of a concept plan) of a larger Big Canyon Creek Restoration Project (the "Project "). The overall Project would: gontract with WRC for Phase tl of Big Can lnn Creek Restoration Project May 23, 2006 Page 3 1. Improve the water quality of the fresh water Big Canyon Creek both as it enters the Park and as the Creek enters Upper Newport Bay; 2. Remove exotic species and replace with native, non - invasive species; 3. Create effective riparian, wetlands, coastal sage scrub, and other habitat in the Park (paying close attention to the needs of endangered and threatened species) per the attached Conceptual Plan or an updated iteration of the Conceptual Plan; 4. Design a sound drainage & hydrology system that will convey runoff from significant storm events through Big Canyon Creek; 5. Provide for visitor amenities, including but not limited to parking, comfort station(s), overlooks, interpretive and educational elements, bike facilities, and a disabled - accessible trail (or boardwalk or bridge) allowing access to significant areas of the Park; 6. Design the realignment of key infrastructure in the park, including utilities, utility access facilities, Back Bay Drive, parking lots, bike facilities, comfort stations, etc.; 7. Add to the acreage of mudflat at the mouth of Big Canyon Creek so as to increase overall mudflat acreage in Upper Newport Bay; Big Canyon Creek Area After receiving Council authorization to do so via Resolution 2002 -15 on January 22, 2002, the City applied to the State Coastal Conservancy, via its Southern California Wetlands Recovery Project ( SCWRP), for a grant to complete Phase I. On October 31, 2002, the SCWRP approved a grant of $167,000 for Phase I. The City matched the grant with $110,000 from the Upper Newport Bay Restoration Account. Another $27,000 in in -kind support came from the Newport Bay Naturalists and Friends and from a group that conducted Phase I - Community Conservancy International (CC]). 3 •Contract with WRC for Phase 11 of Big An Creek Restoration Project May 23, 2006 Page 4 Phase I Work. CCI completed a majority of the Project's Phase I work in Fall 2003. The culmination of the work included a public meetings and a consensus by various resources agencies that one identified alternative - called the Historic Tidal Wetlands Alternative - is the project alternative that should provide the best habitat value for Big Canyon Creek. A schematic of the Alternative is shown within the RFP in the attachments. What's in Phase II. Phase II continues planning and design work for the Project with the Historic Tidal Wetlands Alternative as the guiding use. Phase II includes a comprehensive study of hydrology and water quality concerns in Big Canyon Creek, along with refinement of the Alternative (including the engineering, design, permitting, and outreach needed to bring the Project to construction -ready documents). Specifically, Phase II includes (see the RFQ for more detailed information): 1. Feasibility Assessment; 2. Quality Assurance Program Plan (QAPP) and Sampling and Analysis Plan (SAP); 3. Preliminary Engineering; 4. Environmental Review; 5. Outreach, Final Engineering & Design; 6. Post - Construction Water Quality Monitoring Plan; and 7. (Optional) - Construction Management Consultant Selection. We issued a full RFP and received three responses, all from reputable firms, at the proposal deadline. Following the qualification -based selection (QBS) process, we scored the three proposals, narrowed them down to two, interviewed the two firms, and then discussed fees with the firm (WRC Consulting Services) we believed was most qualified. The review team was: • Lloyd Dalton, Principal Engineer, Public Works • Dave Kiff, Assistant City Manager • Tom Rossmiller; Harbor Resources Manager • John Kappeler, Code & Water Quality Division Manager • Brian Shelton, Biologist, Fish and Game • Jack Keating, Newport Bay Naturalists and Friends • Ric Katzmaier, Newport Bay Naturalists and Friends • Karen Bane, State Coastal Conservancy • Terri Stewart, Supervising Biologist, Fish and Game • Wanda Cross, Regional Water Quality Control Board The three proposing firms were WRC Consulting Services, Moffat - Nichol, and EcoSystems Restoration Associates. WRC had a narrow edge over the other firms by the time the proposal scoring and interviews were done. Funding. Funding for Phase II will come from these sources: • State Water Resources Control Board grant — $200,000.00 (awarded) tntract with WRC for Phase 11 of Sig Can il? Creek Restoration Project May 23, 2006 Page 5 • State Coastal Conservancy Grant -- $500,000 (awarded) • City Match requirement ($100,000, fifty thousand of which is in the FY 2005 -06 CIP at 7231- C5100709. The remainder may be needed in FY 2007 -08 and /or may be considered staff time or other City expenses relating to the Project) Construction Cost Projection. It's difficult to estimate what construction costs will be - in 2003 -04, we estimated these costs at $4 -5 million. We intend to seek construction funding from a variety of sources, including Propositions 12, 13, 40, or 50, the Transportation Corridor Agencies' mitigation funds, the County of Orange's mitigation funds, and other sources should additional grant moneys become available. We are optimistic that the Project, once planned and approved, will successfully secure construction funding given that funding from the above - mentioned propositions is unaffected by the State budget. Environmental Review: Environmental review is not required for this Council action, but environmental review for the Project itself will be done within Phase ll. Public Notice: This agenda item requires standard Brown Act notice. Submitted by: )11_� l Dave I<iff Assistant City Manager Attachments: A — Phase II RFP (abbreviated — RFP's Exhibits C and D not included) B — WRC Scope of Work Cost Estimate C — WRC Timeline for Scope of Work D — Proposed Professional Services Agreement with WRC 5 • 0 Attachment A City of Newport Beach, California REQUEST FOR PROPOSALS CONSULTANT SERVICES Big Canyon Creek Restoration Project Phase 11 -- Engineering, Design, Permitting, and Final Construction Documents DATE MAILED: AUGUST 19, 2005 CITY OF NEWPORT BEACH, CALIFORNIA 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 Table of Contents A. Introduction :............................ ............................... ...........................Page 2 B. Description of Project .................................................... ..............................3 C. Scope of Work .............................................................. ..............................4 D. General Requirements ................................................... ..............................8 E. The City's Responsibilities ............................................. ..............................9 F. Consultant Products ..................................................... .............................10 G. Consultant Qualifications .............................................. .............................10 H. Required Proposal Elements .......................................... .............................11 1. Proposal Submittal ....................................................... .............................12 J. Consultant Selection Process ........................................ .............................13 K. Equal Opportunity Requirements .................................... .............................13 Exhibit A - Project Location Maps .................................. .............................14 Exhibit B - Conceptual Plan .......................................... .............................15 Exhibit C - Standard Professional Services Agreement .... .............................16 Exhibit D - City Attorney's Office PSA Guidelines ............ .............................31 11 Big Canyon Creek Restoration Project (Phase tt) RFP August 2005 Page 2 A. INTRODUCTION Upper Newport Bay (UNB) is a 750 -acre estuary in central Orange County, California. UNB includes an ecological reserve (administered by the California Department of Fish and Game [DFGj), a regional nature preserve (administered by the County of Orange) and City -owned and administered adjacent properties like the 58 -acre Big Canyon Creek Nature Park. UNB is home to six endangered species, including the California Least Tem, the California Brown Pelican, and the Light- Footed Clapper Rail. Big Canyon Creek. Big Canyon Creek is a drainage course that receives runoff from about two square miles of primarily urbanized watershed (including the Big Canyon Country Club and adjacent residences) and that runs through Big Canyon Creek Nature Park before flowing into UNB (see Exhibit A for location information). The Southern California Wetlands Recovery Project ( "WRP ") identified Big Canyon on its Work Plan as an important resource in need of restoration. The Newport Beach City Council directed the City to move forward with an effort to restore the Creek within the Nature Park, calling the effort the Big Canyon Creek Restoration Project. As proposed in 2003, the Project would address: • A restoration plan for wetlands and wetlands - related habitats; • The needs of endangered and threatened species; • Unfiltered urban runoff and impacts on Bay water quality; • Drainage and hydrologic needs of golf course, City storm drains and bluffside homes, including provisions for large storm events; • Public access and connection to Big Canyon Nature Park; and • Maintenance access to City and other agencies' utilities. Phase I Complete. In 2003 and 2004, Community Conservancy International (CCI), with funding from the State Coastal Conservancy on behalf of the WRP, the City, and the Newport Bay Naturalists and Friends ( "NBNF "), conducted Phase I of the Project. Phase I included preliminary analysis and reviews, public meetings, and discussions with regulatory agencies. The Phase concluded by designating a preferred alternative called the Historic Tidal Wetlands Alternative (see Exhibit B). Please see the full report on Phase I (as completed by CCI) on the City's web site at www.city.newport- beach.ca.us and the State Coastal Conservancy's website at www.scc.ca.gov. About Phase IL The Project is now ready to move to its formal design phase. As the owner of the Big Canyon Creek Nature Park, the City of Newport Beach has committed to its restoration; therefore, the City will be the project lead from final design to construction and management. This Request for Proposals (RFP) solicits proposals from interested firms to complete Phase II ( "Engineering, Design, Permitting, and Final Construction Documents ") of the Project. The following is important to know about Phase II: • Its Scope of Work follows this introduction, and includes a 31d party review of the Alternative selected in Phase I; 0 9 Big Canyon Creek Restoration Project (Phase tf) RFP August 2005 Page 3 • A key component in Phase II is the water quality analysis and design - this analysis shall include a Sampling and Analysis Plan (SAP), a Quality Assurance Program and Plan (QAPP), and shall provide for pre- and post- Project monitoring that demonstrates water quality improvement. • It is funded in part from the City, the State Coastal Conservancy, and the State Water Resources Control Soard'('vis the California Regional Water Quality Control Board, Santa Ana Region). These three agencies' goals are identical - the improvement of habitat, public access, and water quality; • Consultant selection by the City is subject to approval by the State Coastal Conservancy and the State Water Resources Control Board. • Consultant selection by the City will be a qualifications -based selection (°QBS ") as described in Section J of this RFP. • The City expects that the Consultant shall complete Phase II 18 months from the date of contract award, though respondents should propose a timeline reflective of the practical and logistical needs of the Phase as opposed to an arbitrary conclusion date. B. DESCRIPTION OF PROJECT As refined by Phase I's information, the stakeholders intend to restore the habitat quality of the Big Canyon Creek Nature Park in a manner that will: 1. Improve the water quality of the fresh water Big Canyon Creek both as it enters the Park and as the Creek enters Upper Newport Bay; 2. Remove exotic species and replace with native, non - invasive species; 3. Create effective riparian, wetlands, coastal sage scrub, and other habitat in the Park (paying close attention to the needs of endangered and threatened species) per the attached Conceptual Plan or an updated iteration of the Conceptual Plan; 4. Design a sound drainage system that will convey runoff from significant storm events through Big Canyon Creek; 5. Provide for visitor amenities, including but not limited to parking, comfort station(s), overlooks, interpretive and educational elements, bike facilities, and a disabled - accessible trail (or boardwalk or bridge) allowing access to significant areas of the Park; 6. Design the realignment of key infrastructure in the park, including utilities, utility access facilities, Back Bay Drive, parking lots, bike facilities, comfort stations, etc.; 7. Add to the acreage of mudflat at the mouth of Big Canyon Creek so as to increase overall mudflat acreage in Upper Newport Bay; Consultant services for the Project shall encompass the following elements: 1. A peer- reviewed and stakeholder- involved evaluation of the proposed Conceptual Plan (Exhibit B — Historic Tidal Wetlands Altemative) for the Big Canyon Creek Restoration Project; 3 0 Sig Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 4 2. Further improvement of the Conceptual Plan (or an alternative should the Conceptual Plan be amended as a result of this contract) into fully- approved and permitted construction documents, including but not limited to: • Coordinating all permitting and other Agency Approvals (including CEQA and agency review, including permit requirements of the City of Newport Beach); • All related engineering, landscaping design, biological analyses, and design development, including drainage systems that would maintain and protect any restoration efforts during large storm events. • The establishment of baseline water quality conditions, the evaluation and design of water quality improvements, and the development of a post - construction water quality monitoring plan; 3. Stakeholder and community participation, including arranging for and holding at least two (2) noticed public workshops. The workshop schedule shall be developed with the City, the SCC, and the Regional Board; 4. A Technical Advisory Committee established in consultation with the City, the SCC, and the Regional Board and staffed by the consultant (including agendas and minutes). The TAC will regularly review and comment upon the Scope of Work's work products. 5. The development of a post- construction maintenance plan and an estimate of annual costs for the post- construction maintenance plan; 6. Communication and interaction with the SCC and the Regional Board — as well as with City staff. 7. The development and submittal of an appropriate and Regional Board - accepted Quality Assurance Program Plan (QAPP) and Sampling and Analysis Plan (SAP) associated with this Project's water quality monitoring components. 8. The arranging and coordination of a publicly - accessible web site (linked to or hosted at the City's web site) as a repository of all public information about the Project; 9. A Quarterly Report issued once every three months to the City, the SCC, and to the Regional Board in a common format as directed. 10. Final construction documents, including: • Calculations that substantiate the key design features (e.g., flood stage that control structures are designed to withstand); • Detailed construction drawings; and • Specifications that explain the construction drawings. C. SCOPE OF WORK The City desires that the Consultant bring the Project from its Conceptual Plan to final construction drawings. More specifically, the Consultant shall provide these six (with an optional seventh) Parts: I — Feasibility Assessment; 11— Water Quality QAPP and SAP; III — Preliminary Engineering; IV — Environmental Review & Grant Opportunities; ti • • Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 5 V — Outreach, Final Engineering & Design; VI — Post - Construction Water Quality Monitoring Plan; and VII — (Optional) — Construction Management The Consultant may be asked to provide Construction Management for the Project at a later-date. ` Part I — Feasibility.Assessment of Phase One's Conceptual Plan. The Consultant shall assess the Project's feasibility in part by gathering required information to analyze or improve upon Phase One's Historic Wetlands Conceptual Plan. Specific tasks shall include: 1. Establish (in consultation with the City) and convene Technical Advisory Committee (TAC) and meet with TAC to review Conceptual Plan. TAC membership is suggested to include representatives of DFG, the US Fish and Wildlife Service, the National Marine Fisheries Service, the City, the State Coastal Conservancy, the Regional Board, and representation from a Non - Governmental Organization, like the NBNF; 2. Gather existing information about the Conceptual Plan, especially whether the Plan will meet water quality objectives and whether the plan is hydrologically sound; 3. Meet with impacted resources agency representatives and City staff to discuss the Conceptual Plan, its water quality component, and any alternatives and 4. Based on these meetings, determine the Optimum Plan and additional studies/analysis required, if any, to confirm its feasibility. While it is understood that the time spent during planning can expand to accommodate examining additional options, the Consultant shall clearly define tasks that are reasonably needed to accomplish the Feasibility Assessment phase of the project. Part II — Water Quality QAPP and SAP. The consultant shall review existing water quality data to attempt to characterize the baseline water quality of the Big Canyon system. To further this characterization, the Consultant shall: 1. Develop and submit an approved Quality Assurance Program Plan (QAPP) to the Regional Board. The QAPP must be consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). 2. Develop, submit, and implement an approved Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the specific water quality constituents to be monitored and the frequency /schedule for the monitoring activities. Monitoring activities shall include pre- Project baseline monitoring and a specific plan for post- Project monitoring to determine water quality improvement resulting from the restoration project. Post - Project monitoring shall be done by the City or another contractor in the post - construction phase of the Project (see Part VI of the Scope of Work for Post - Construction Monitoring Plan). Sub -tasks here are: a. Conduct the water quality sampling and analysis program per the approved SAP; 0 0 Big Canyon Creek Restoration Project (Phase ll) RFP August 2005 Page 6 b. Establish a baseline water quality evaluation of the Project area by characterizing contaminants entering or present; c. Submit the water quality data to the Regional Board in report form and electronic format. Part III -- Preliminary Engineering (to 30% design for Alternatives). Services under this Phase shall include: 1. Revise timeline for Phase II (this specific phase of the larger restoration project) If appropriate, include time and budget requirements for additional studies /analysis required to confirm Optimal Plan's feasibility and /or to develop appropriate alternatives for NEPA/CEQA compliance; 2. If the Consultant proposes any changes in the Design Team that the Consultant originally submitted in response to the RFP, the Consultant shall provide such recommended changes to the City, SCC and Regional Board for approval NOTE: At the completion of Steps Ill -f and I11-2, the consultant must stop further work until receiving a formal Notice to Proceed from the City, SCC, and Regional Board. With a Notice to Proceed in hand, the consultant may proceed to Step 111 -3. 3. Conduct additional studies and a public workshop associated with these studies, if warranted; 4. Develop the Optimal Plan and any design alternatives to a level sufficient for NEPA/CEQA analysis (level of design required for the alternatives shall be 30 %). The Optimal Plan shall include: • Restoration of all habitat areas (riparian, wetlands, meadow, fresh water pond, mudflat, coastal sage scrub); • Removal of all non - natives and replacement with appropriate native and non- invasive species; • Water quality protective measures and facilities. NOTE: water quality improvement measures shall not rely solely on natural treatment systems (please see "Habitat Value of Natural and Constructed Wetlands Used to Treat Urban Runoff. , A Literature Review" @ www. scwro.omldocuments/SAPITreatment wetlands /TreatmentWetlandsCoverpcf); • Erosion control, hydrologic, and hydraulic measures and facilities that control 100 -year storm flows and sedimentation such that storm flows and sediment does not damage improvements in the Park or habitat in Upper Newport Bay; • Realignment of Back Bay Drive, pedestrian and bicycle trails, boardwalks and bridges, overlooks, parking, comfort station(s), and interpretive and educational areas for the public, including facilities that provide access to persons with disabilities (to the extent required under ADA and to the extent possible). Interpretive and educational elements should be coordinated with existing educational efforts of the stakeholders; • Hydrologic and hydraulic measures and facilities Realignment of Back Bay Drive (if appropriate) to City specifications, including culverts, grading, paving, etc. • Repair and improvement of tidal structures and/or spillways for fresh water pond areas; 5. Provide detailed control and topographical surveys; 6. Confirm the location of private and publicly -owned utilities within the Project area, and provide pre- engineering to show how they may be serviced and preserved under the Optimal Plan; 0 0 Sig Canyon Creek Restoration Project (Phase tt) RFP August 2005 Page 7 7. Provide soil borings and a geotechnical report for the proposed improvements; 8. Conduct biological studies and analysis, including (but not limited to): • Addressing the environmental setting; • Section 7 (Endangered Species Act) consultation with National Marine Fisheries and US Fish and Wildlife Service; • Data collection for candidate and listed species to include in a Biological Assessment for any incidental take statements; and Wetlands delineation. 9. Coordinate pre - design work.with City staff through the C*'s project manager; 10. Develop a detailed preliminary cost estimate for the selected alternative; and 11. Discuss materials and data with TAC, and respond to TAC's comments. Part IV -- Environmental Review & Grant Opportunities. Environmental review services may progress concurrently with Preliminary Engineering tasks (where appropriate) and shall include: 1. Mitigation Opportunity Review /Planning. The Consultant shall evaluate and make recommendations on avenues for construction funding, including coordination with and assistance to interested parties (such as the County of Orange or the Transportation Corridor Agencies) who may need to use the site for mitigation expenditures. In the event that mitigation dollars are available, the Consultant shall adjust CEQA/NEPA process accordingly and detail likely maintenance obligations within CEQA/NEPA process. 2. CEQA/NEPA Review and Documentation: In addition to compliance with the CEQA, the City may need to comply with NEPA in the event that a Federal agency provides construction funding or that a Clean Water Act Section 404 permit is needed. a. Prepare an Initial Study reflecting the Optimal Plan and its alternatives; b. Determine which level of environmental review is appropriate (MND, EIR, other); c. Prepare and submit Notice of Preparation (NOP); d. Hold at least one scoping meeting and receive agency /stakeholderfrAC comments; e. Prepare administrative draft of environmental document and circulate to staff of Regional Board, City, and SCC for comments and revisions; f. Circulate draft environmental document to the public; g. Hold public review meeting and respond to comments; h. Prepare final environmental document, including mitigation measures as necessary . 3. While feedback from agencies on environmental review and permit documents should be sought before proceeding to final design and construction -ready documents, modifications of designs and construction -ready documents may be required to comply with environmental or permitting approvals. 4. Prepare and submit applications for all permits and obtain all agency approvals/permits for the Project. 5. Serve as the lead consultant (with City or other groups' support) to prepare two or more grant applications associated with the Project. I 0 0 Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 8 Part V — Outreach, Final Engineering & Design. Design services comprise a substantial portion of the Scope of Work, and shall bring the Optimal Plan to final design and construction -ready documents. These services shall include: 1. Join City staff and others in communication and up to two (2) meetings with residents and commercial entities upstream to discuss Optimal Plan, including any runoff reduction efforts planned for upstream businesses and residents. 2. Surveying the project site and preparing fully dimensioned base sheets. Survey information shall be provided at close intervals as needed at critical areas. & Final Design of the Optimal Plan. This design shall include engineering and preparation of construction -ready documents (to City of Newport Beach Public Works Standards — see later in the RFP) for the installation of all improvements; 4. Preparing detailed special provisions, quantities and a final cost estimate; 5. Development of a post- construction Long -Term Maintenance Plan (with cost estimates) for the Project; 6. Discuss materials and data in Design phase with TAC, respond to comments; 7. With assistance of City staff, convene and staff a workshop with interested stakeholders; and Part VI — Post - Construction Monitoring Plan. Building on the pre - Project SAP for Water Quality in Part II, this section of the Scope of Work shall consist of: Developing and submitting an approved Post - Construction Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the types of water quality constituents to be monitored and the frequency /schedule for the monitoring activities. No post - construction monitoring is expected from the Consultant; however, the Consultant may later be requested under a separate contract to administer the Post - Construction Monitoring SAP once the Project is constructed. Part VII — (Optional) Construction Management. In the event that the Consultant desires to continue with this Project as its Construction Manager, the Consultant shall provide the following: 1. A summary of the expertise, roles, and duties that a selected Construction Management Team should have and should follow for this specific project. 2. A specific description of the respondent's Consultant Team (its personnel and personnel's qualifications) that would provide construction management, including a summary and qualifications of the Team's construction management experience with related projects. D. GENERAL REQUIREMENTS The Consultant shall prepare drawings and design specifications that conform with the Standard Specifications for Public Works Construction, ADA requirements, and iJ 0 0 Big Canyon Creek Restoration Project (Phase 11) RFP August2005 Page 9 requirements of the City of Newport Beach Design Criteria Special Provisions and Standard Drawings for Public Works Construction, 2004 Edition, which augments the Standard Specifications for Public Works Construction latest revision. 2. The Consultant shall prepare drawings in AutoCAD Release 2002, plot construction drawings on standard City vellum sheets, and plot As -Built plans on standard City mylar sheets: Electronic'filev shatt be formatted for use in any construction staking. 3. Drawings shall include all details and information required for various City departmental plan checks and for bid and construction purposes. 4. Drawings, special provisions, contract documents and amendments shall be signed by the Consultant and submitted to the City for official signatures. The Consultant shall meet with Public Works Department officials and pursue plan corrections until the plans are declared "construction- ready" by that department. 5. A detailed preliminary cost estimate shall be submitted as a part of Part III (Preliminary Engineering). The final cost estimate shall be updated following Part V (Final Engineering and Design) and submitted to the City for review. 6. The timeline required by Part III -1 must include at least the following mileposts: • Receive Notice to Proceed from the Project Manager; • Submit topographical survey of existing conditions to City Staff; • Submit proposed horizontal control plan and site plan to City Staff; • Submit 30% complete plans to City Staff; • Delivery of preliminary and /or final environmental review documents and permits; • Submit 90% complete plans, specifications and estimate to City Staff; and • Submit Final Plans, specifications, and Engineer's Estimate to the Project Manager for approval signatures. 7. The City encourages frequent informal reviews to keep City staff fully informed. 8. The Consultant shall diligently pursue completion of services. 9. The Consultant shall be responsible for the day -to -day communications with the City and the supervision of construction document preparation. 10. If selected for this Project, the Consultant shall be responsible for completing the specified services in accordance with the City's standard Professional Services Agreement ( "PSA ") without revision. The PSA requires specific insurance coverage and indemnification language. We strongly suggest that respondents review the PSA (attached) before responding to this RFP. 11. Costs for reproduction during project development and for As -Built mylars shall be included in the Consultant's proposal. The City will reproduce the final drawings and specifications for distribution to prospective bidders. 12. This RFP does not commit the City of Newport Beach to pay costs incurred in the preparation of a proposal. Work shall not begin until a Professional Services Agreement is executed and the City has issued a Notice to Proceed. 13. All work shall be the property of the City, SCC and RWQCB. 14. Electronic files of all deliverables, analysis, calculations, figures etcetera shall be submitted to the City, SCC and RWQCB. j4 • E. THE CITY'S RESPONSIBILITIES The City will: Big Canyon Creek Restoration Pnry'ect (Phase 11) RFP August 2005 Page 10 1. Provide reference drawings, survey records and easement information as are available and appurtenant to the project. 2. Provide street, utility, traffic, landscaping, and irrigation design criteria, hydraulic data and other technical information, as are available and appurtenant to the project. 3. Provide a person to be the Project Manager and the Consultant's primary point of contact with the City. 4. Provide the services of City staff to provide concept and technical information for use in the design of the improvements. 5. Waive all City plan check fees. 6. Provide reproduction of final plans and specifications for prospective bidders. F. CONSULTANT PRODUCTS Products from the Consultant will include, but not be limited to: All necessary environmental documents for project level review All permit - related documentation, and the required permits Construction documents ready for all applicable permitting agencies The Consultant shall provide such products in hard copy as directed by the City and in electronic form to assist in public review of the documents. G. CONSULTANT QUALIFICATIONS The consultant team must demonstrate extensive experience in riparian and wetlands (fresh water and tidal) restoration from planning through design and construction, environmental review and documentation, water quality sampling and analysis, design and implementation of structural and non - structural treatment of urban runoff (dry and storm), permitting, and construction documentation. The consultant team must be able to demonstrate how they will work effectively to procure the necessary permits, which may include (but not be limited to) permits from: The City's Public Works Department • California Department of Fish and Game • US Fish and Wildlife Service National Marine Fisheries Service • US Army Corps of Engineers • California Coastal Commission • California Regional Water Quality Control Board, Santa Ana Region 15 0 0 Big Canyon Creek Restoration Project (Phase ft) RFP August 2005 Page 11 The consultant team must also clearly demonstrate the ability to work constructively with City staff, members of the public, area stakeholders, and resource agency representatives. The consultant team must propose one project manager as the lead project manager and primary point of Contact for the City. The PM must have extensive experience in all aspects and phases of wetland restoration. The consultant team may include subordinate consultants and contractors from which the project manager will draw expertise in order to complete and execute the contract, provided that such subordinates are approved pursuant to Part III -2. The City must be notified of key team member changes in writing prior to commencement of work. The City has the ability to approve or deny changes in key team member assignments after City is notified of such changes. Non - approved changes in key personnel may be considered a contractual breach. H. REQUIRED PROPOSAL ELEMENTS 1. Cover letter. 2. Team Organization Chart with tasks and duties of each Team Member. Include names, addresses, phone numbers, and e-mail addresses of Team Members. 3. Intended Approach showing the Team's process to complete the Scope of Work. List all local, state, and federal approvals /permits the Team expects to be required of this Project. 4. Relevant Project Experience and References. Include names of projects, specific role of Team Members in the projects, and the approximate date that the work was done. For references, include contact name, firm name, phone number, and e-mail address. Projects done in Orange County or greater Southern California are of particular interest to the City. 5. Consultant Fees. Provide a preliminary estimate of the total direct and indirect costs to complete the Scope of Work. Include: • Staff hours and hourly rates, including benefit and overhead costs; • An estimate of all other direct costs, such as materials and reproduction costs; • An estimate of subconsultant services, itemized by task; and • An estimate of permitting fees (except for City fees, which are waived for this Project). Permitting fees are a part of the overall budget and must be allocated. The consultant will be responsible for allocating fees for all required permits. Consultant fees shall be submitted with the proposal in a separate, sealed envelope ( "sealed fees envelope "). In the event that the consultant is not selected, the City will return the sealed fees envelope to the proposer. 6. Proposed /Preliminary Timeline. Describe the Team's preliminary timeline for completing the Scope of Work. Given that grant funds will be used for this Project, the timeline should be relatively constricted. Please reflect proposed phasing and overlap of tasks. 7. Conflict of Interest/Financial Disclosure. Consultant Team must fully disclose any existing or planned work that may conflict with the Scope of Work. Consultant Team must agree that it will not perform services with any new client that would conflict with this Scope of I0 Big Canyon Creek Restoration Project (Phase tt) RFP August 2005 Page 12 Work. Consultant must agree to promptly notify the City in the event that any conflict occurs between consultant's new client(s) and the City when circumstances, known to the consultant, place the City and the consultant's new client(s) in adverse, hostile, or incompatible positions where the interests of the City may be impaired. 8. One individual sample of work that the Consultant (or Team) has produced for a comparable restoration project (pages may vary). The sample should demonstrate that the Consultant has successfully completed one or more projects similar to this one, including public communications/workshops, agency approvals, etc. PROPOSAL SUBMITTAL PROPOSALS MUST BE SUBMITTED NO LATER THAN 4:00 P.M. ON THE DUE DATE OF THURSDAY, SEPTEMBER 15, 2005 IN THE OFFICE OF THE NEWPORT BEACH CITY CLERK AT THE BELOW ADDRESS. PROPOSALS WILL NOT BE ACCEPTED AFTER THE DEADLINE. THE 4:00 P.M. DEADLINE IS NON - NEGOTIABLE. Four copies of the complete written proposal (plus one single copy of the firm's previous work per Item #F8) should be submitted to: Mr. Dave Kiff Assistant City Manager ATTN: RFP FOR BIG CANYON CREEK RESTORATION PROJECT c/o City Clerk's Office 3300 Newport Boulevard Newport Beach, California 92663 Inquiries concerning this RFP should be presentedin writing via e-mail (dkiffa-city.newport- beach. ca. us). This RFP does not commit the City to award a contract to or pay for any cost incurred by a respondent for any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, and to cancel in part or in whole this RFP. If any proprietary information is contained in any response to this RFP, it must be clearly defined. The City reserves the right to revise the RFP prior to the date the proposals are due. Revisions to the RFP will be mailed to all potential proposers and all holders of the RFP. The proposal shall be signed by an official authorized to bind the proposer. The proposal shall also provide the following information about the person designated to negotiate and contractually bind the proposal, and the person who may be contacted to respond to questions regarding the proposal: Name Title Address PJ Telephone number E -mail address J. CONSULTANT SELECTION PROCESS Big Canyon Creek Restoration Project (Phase tq WP August2005 Page 13 The City will convene a selection panel from City staff, the State Coastal Conservancy, and the Regional Water Quality Control Board (other interested agencies may be asked to participate as well). The selection panel will short-list qualified firms for the Project. The selection panel will then invite qualified firms to interview for the proposed contract. The schedule for nomination, selection, and award shall be determined by the City at a future date. RFP and interview responses shall be evaluated with particular attention paid to the Team's: • Understanding of the Project, its required approvals, and the approval process; • Approach and Methodology, including: • Appropriate selection and phasing of assessment and design methods; • Appropriate level and phasing of coordination with City, Public, Agencies, and Technical Advisory Committee; • Appropriate project management including degree of involvement, coordination with staff, contractors, ... • Pertinent experience related to the requested services; • Professional skills and credentials of the staff and consultants to be assigned to the project, till completion, and proposed level of participation of principals and other team members; • Competence and track record of the firm /team's and individual members' with similar projects, including some in the Orange County and Southern California region. • Project manager's expertise and experience with all aspects and stages of restoration projects; • Ability to meet the Project schedule and complete the Scope of Work; • Ability to meet Equal Employment standards. Upon selection of the top- ranked firm, the City will open their sealed fees envelope and will enter into negotiations with the firm. The negotiations will cover the Scope of Work, contract schedule, contract terms and conditions, and budget. If the negotiating team is unable to reach an acceptable agreement with the selected firm, the negotiating team will terminate negotiations with them, open the second - ranked firm's sealed fees envelope and enter into negotiations with them. This selection process will continue until concluded by the City's Project Manager. K. EQUAL OPPORTUNITY REQUIREMENTS Consultant will comply with all applicable City ordinances, the City Charter, Tile VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086, the California Fair Employment and Housing Act (sections 12920 - 12921) and any other applicable Federal or State laws and regulations hereinafter enacted. Consultant will not discriminate against I 0 • Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 14 any employee or applicant for employment based on race, religion, color, ancestry, age, gender, sexual orientation, disability, medical condition, or place of birth. Iq • 0 Big Canyon Creek Restoration Project (Phase II) RFP Augus12005 Page 15 Exhibit A Project Location Aerial Photograph Vicinity Map — Big Canyon Creek Nature Park �1AP4VEST3 -`. -. F-� Ot _ • pia KH_' ✓ 01Ri fro �� `. �• - °doin ^, ��at' _ � n Baton AI%tllq s rh _ :+ rl( C�telMair -W n1 �e CO , 4 �7ar m�rp t 9 0 Balaoa lsbixl �< � �o r . ' r •Cam. —�� lk 520U41A a "Ou'�rsCrnin -:Inc d;2009,NAVTE4 rs �� '"�- - - d!D • i Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 16 Exhibit B 3�! Cwy n GfYI q. "eiy:yAn Ayl:y,• HISTORIC TIDAL WETLANDS ALTERNATIVE P4MW HA6IMr MqH WA P PMARSH �r FXb5RV%61MFP.U/E " "�lis" r �i �''P ._Ors hLONA LREEY 46 \-l—l65TOR8 -nPAI. 0 Fmn�n i & ^- WMANDS ®frc.... --s•. n.a. '4- ncAx/n r` 7 vXrr. a >ce /P b �] ' *x Yn4.LCtF al • • Big Canyon Restoration Project Phase II -- Engineering, Design, Permitting, and Final Construction Documents City of Newport Beach WRC Consulting Services, Inc. Subconsultant Team, A1ay 16, 2006' 8asafind Wamr eualiry Ewlomlan and Chamate4aadan at Conigminanis i III - Preliminary Engineering PmlMlnary Enelnaad,y S 12,000 S Taahncdl Taam MebBnB $ 1,500 $ IV - Environmental Review & Grant Opportunities; CEMAINEPA ME) Rbgulmury $ 48,500 Grant $ 2,000 $ V. Outreach, Final Engineering & Design Pyblla MaaOnB S 2,000 Final EnBlnoaMB $ 23,000 S Taohncafl Team hlmin6 $ 1,600 S VI - Post Construction Water Quality Monitoring Plan VII - Construction Management (optional) VIII - Project ManagemenVCity Cooridnation Grand Labor Total S 100,800 $ Reimbursable $ 3,500 S Grand Total S 104,300 $ S 18,000 7,200 S 4,000 1,000 3,000 5,300 S 2,000 800 $ 6;000 21,800 $ 31,700 S. 2,000 S 25,000 $ S 18,000 S 6,000 S 10,000 S 15,000 S 54,200 $ 500 $ 500 $ 3,500 'p i $ 24,000 $ 24,000 - S 48,500 5 5,000 $ 1,000 $ 500 $ 500 S 4,000 $ 91000 $ 13,000 $ 52,300 $ 2,400 f S 6,000 7,400 S 32,000 3 16,000 $ 24,000 S 15,000 5 248,700 1,000 $ 1.000 S 7,000 S 39,500 8.400 5 33.000 S 16,000 9 24,000 S 22,000 5 288,200 n n 7' 3 co 7 rt W TOTAL DESCRIPTION WRA Earthworks Weston Everest Anchor Ron Yeo Acorn Alhvest FEE I - Feaslblllty Assessment i3rd parry review 5 5,000 $ 5,000 1 TAC MaaBnB 5 1,200 $ 500 $ 500 $ 2,400 $ 4,6001 Fassmalty sway $ 9,000 $ 4,000 5 1,200 S 7,000 $ 21,200 ;I It - Water Quality OAPP and SAP CAPP and SAP I 8asafind Wamr eualiry Ewlomlan and Chamate4aadan at Conigminanis i III - Preliminary Engineering PmlMlnary Enelnaad,y S 12,000 S Taahncdl Taam MebBnB $ 1,500 $ IV - Environmental Review & Grant Opportunities; CEMAINEPA ME) Rbgulmury $ 48,500 Grant $ 2,000 $ V. Outreach, Final Engineering & Design Pyblla MaaOnB S 2,000 Final EnBlnoaMB $ 23,000 S Taohncafl Team hlmin6 $ 1,600 S VI - Post Construction Water Quality Monitoring Plan VII - Construction Management (optional) VIII - Project ManagemenVCity Cooridnation Grand Labor Total S 100,800 $ Reimbursable $ 3,500 S Grand Total S 104,300 $ S 18,000 7,200 S 4,000 1,000 3,000 5,300 S 2,000 800 $ 6;000 21,800 $ 31,700 S. 2,000 S 25,000 $ S 18,000 S 6,000 S 10,000 S 15,000 S 54,200 $ 500 $ 500 $ 3,500 'p i $ 24,000 $ 24,000 - S 48,500 5 5,000 $ 1,000 $ 500 $ 500 S 4,000 $ 91000 $ 13,000 $ 52,300 $ 2,400 f S 6,000 7,400 S 32,000 3 16,000 $ 24,000 S 15,000 5 248,700 1,000 $ 1.000 S 7,000 S 39,500 8.400 5 33.000 S 16,000 9 24,000 S 22,000 5 288,200 n n 7' 3 co 7 rt W C4-1 LIQ • • Big Canyon Restoration Project Phase 11 Engineering, Design, Permitting, and Final Construction Documents ft WPIC City of Newport Beach WRC rvi Consulting Seces, Inc. May 16, 200 777 — T Had Rate— r'.. ';" -,,AAA. Principal/ Sr. CADD TOTAL TOTAL Sub consultant r. DESCRIPTION QA1QC Manager/ Professional Professional Designer Clerical HOURS FEE FEE Specialist LTI— 71 -1— A I — Feasibility Assessment Third Party Review $ 5,000 TAC Meeting 48 48 24 120 $ 14.064 $ 4,600 Feasibility Study 12 98 180 120 410 S 45,520 $ 21,200 II— Water Quality QAPP and SAP Baseline Water Quality Evaluation and Characterization of Contaminants 4 4 40 48 $ 4,060 $ 18,000 III — Preliminary Engineering (30%) Preliminary Engineering 20 120 156 140 350 786 $ 78,080 S 54,200 Technical Team Meeting 36 36 $ 5,040 $ 3,500 J IV — Environmental Review & Grant Opportunities CEQAINEPA MND 12 80 92 S 9,360 $ 24,000 9J Regulatory $ 48,500 fl Grant 40 40 $ 5,600 $ 5'000 V- Outreach, Final Engineering & Design Public Meeting 24 112 48 32 116 $ 9,988 $ 4,000 Final Engineering 60 136 464 282 664 1606 $ 159,836 $ 52,300 Technical Team Meeting 72 72 144 $ 18,360 $ 2,400 4 $ 560 $ 6,000 VI - Post Construction Water Quality Monitoring Plan 4 VII - Project ManagemantiCoordination 220 84 —' 64 S 40,384 &T 502 1330 96 3402 S 390,852 S 248,700 i Grand Labor Total 92 814 936 Reimbursable $ 19,543 $ 39p500 Total $ 410,395 $ 288,200 7— L LIV f ....?PROJECT 'TOTAL' ' _- 698,504 C4-1 LIQ • • Big Canyon Restoration Project Phase 11 -- Engineering, Design, Permitting, and Final Construction Documents City of Newport Beach WRC I�I WRC Consulting Services, Inc. L�,��,. �.�.��.---_° • - - -_. _.— - -__ -- �____ May 16, 20176 • II FEE ESTIMATE ASSUMPTIONS f Historical Tidal Alternative per previous concept plan was used as the basis of fee estimates; additional alternative study, revision, and selection requires extra fee. t 1 Other assumptions for fee estimates Include: Biology baseline data are not significantly different than the previous report and Historical Tidal Alternative Is the focus of feasibility study. Feasibility report and permit document technical appendices are similar and no additional report format is required. City to invite public and provide public meeting location. City to reproduce and distribute documents. City to reproduce bid package.. One public meeting of the three scheduled Is to he combined with the LEOA public hearing I Mitigated Negative Declaration; no EIS; No mitigation needs other than ordinary construction mitigation. WRC to provide PDF files and four sets of draft feasibility report and three design level PS &E (75 %. 75 %, 90 %) plus Final PS &E. Revisions for each level are to be Included In" the next level submittal. WRC to provide a survey control line and Digital Terrain Mapping (DTM) data for grading operation; no control for sections and outside boundaries. One interpretive panel at kiosk and four signs along trails for final design. Panels and sings can be reproduced by City for other locations.. • Two week review time. PS &E review per City requirements only. Project period not to exceed eighteen months from project start. Work not Included In the fee estimates: tidal hydrodynamic and surface flow hydraulic two dimensional models; now CAPP and SAP (If required); architectural level graphic Illustration; non - preferred alternative technical analysis and documentation; fishery biology survey and alternative analysis; field Identification of construction elements (typically associated with construction contract); provision of background documents and research that went Into Phase It's construction materials choices; technical specifications for special plant handling, water quality BMP, and bioengineering measures; construction phasing and SWPPP; operation and maintenance program; detailed I post construction biological monitoring plan and estimates; and soils biomass and water quality bioassay tests. II r • • D d n Z 3 M 0 r* Big Canyon Restoration Project cirym7NOWPgr1 Bench Phase II — Engineering, Design, Permitting, and Final Construction Documents WRC a 6115 745, 6115 9115 10115 IIIIS 17115 ills 7115 5115 815 315 6115 7115 6115 W15 10715 11115 I - Fexib' Assessment TACM0111ng Fvasibili SWdy n -W.1ri Oulli OAPP aM SAP Bawls Waur 0.4ty Ev.W.11. and ayw.'a ' V V:a MUmw chancwi AtOn of CenuMnvnu t 11 - Pmlk.E..q En In wL N- Envlmnmenul Ravlew B Glame PnnunWvv, Ga1ib+1'✓`vnk Rrsamvm F64 evil WCmp# Corn -.anla CR /NVaFOhtrN'av( LEOMIEPA 61N0 ,edex IAIW Sorry RPfxMN dA'a ra0 day) Ray.Fn da7sl Roviden Apvc,A Ftl1 Pra[ +Hay 1601 rvdrx 4p rcl COCmnuonad Oxm +xivn'bA Acacr■ APpm'Id nv �wisx ATrcl COwdbmbnaNOwummamv APP,vval NI a6a Fle6d Redm'ad 6Yelfxs Oel++eald, fQUry GbauraknaM Dav+enata+ k'wA 'P-r APwvral tlmJ nVS Sae44A7 rmbx Acw CeerAiukn aM Dmk bn aumd Pppmnl Fkk Cvaiul Cvmmisdvn index pva /pim6mmnaM Lhovrwlrxkn Wwo•'al V•Ounwch, M.1 En l .... 1.9 SOefl Publlc llro4ng u I I Find EngNrotlnB _75c tciti �/ Tvchdcal Team NetUn L—jI jI�I' VI- Past Cnmtmcllvn W,W, OuOity nmiwrin Pik Vill - NOas WAagamenVCPPrdI1Aatlw • • D d n Z 3 M 0 r* Attachment D Will be provided on Friday 6 i� 0 9 CITY OF NEWPORT BEACH i i t i s:�► 11 TO: Mayor Webb and Members of the City Council FROM: Dave Kiff, Assistant City Manager DATE: May 19, 2006 RE: Item #20 -- Big Canyon Creek Restoration Project, Phase II Attached is Attachment D (the proposed Professional Services Agreement with WRC Consulting Services, Inc) to the staff report for this item. As always, if you have any questions about this, please do not hesitate to give me a call (949 -644- 3002). Dave City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES, INC. Attachment D THIS AGREEMENT is made and entered into as of this day of 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and WRC CONSULTING SERVICES a California Corporation whose address is 5100 East La Palma Avenue, Suite 116, Anahiem Hills, California, 92807 ( "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 business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement Phase II of the Big Canyon Creek Restoration Project (Engineering, Design, Permitting, and Final Construction Documents). C. City desires to engage Consultant to perform engineering, design, permiting and permit processing services, environmental review, outreach, the provision of construction drawings and more as described in the Scope of Work ( "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 LAN WEBER. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of March, 2008, 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 Attachment A and incorporated herein by reference. • The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 0 3. TIME OF PERFORMANCE • Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Schedule included in Attachment B. The failure by Consultant to strictly adhere to the Schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. • 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not- to-exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Attachment C 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 Six Hundred Thousand, Nine Hundred Eighty-Five Thousand, Five Hundred Ninety-Five Dollars and no /100 ($698,595.00) 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 2 0 0 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 Attachment C. 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 LAN WEBER to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Department and • Public Works Department. DAVE KIFF, ASSISTANT CITY MANAGER, shall be the Project Administrator and shall have the authority to act for City under this 3 3 0 0 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or • governmental agencies. 4 `I 9 0 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and , hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any • action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability, regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. �J 5 0 11. COOPERATION • Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities.performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE • Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's 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. 6 0 0 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: 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 7 0 directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any • self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (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 8 0 0 perform work on this Project are identified in Attachment D. 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. 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 i5 9 9 0 Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version • of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY • The Consultant shall defend . and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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 0 10 0 0 deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee • with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants for the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such • persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Kiff City Manager's Office • City of Newport Beach 3300 Newport Boulevard 11 ` 0 0 Newport Beach, CA, 92663 Phone: 949 - 644 -3002 • Fax: 949- 644 -3020 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lan Weber WRC Consulting Services, Inc. 5100 East La Palma Avenue, Suite 116 Anaheim Hills, CA 92807 Phone: 714 - 970 -8808 Fax: 714 - 970 -8844 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the • Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 11 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. 12 0 0 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition • contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. 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. is 13 0 41 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. • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ROBIN CLAUSON, City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: DON WEBB, Mayor for the City of Newport Beach CONSULTANT: In Lan Weber WRC Consulting Services, Inc. Attachments: A — Scope of Services B — Project Schedule C — Schedule of Billing Rates, including Task Budget Summary D — Listing of Subconsultants F:luserslcatlsharedlAg1P RofServices\FinalVersiono8- 30-04. doe 14 Attachment A 0 BIG CANYON CREEK RESTORATION PROJECT • SCOPE OF SERVICES The City desires that the Consultant bring the Project from its Conceptual Plan to final construction drawings. More specifically, the Consultant shall provide these six Parts: I — Feasibility Assessment; II — Water Quality QAPP and SAP; III — Preliminary Engineering; IV — Environmental Review & Grant Opportunities; V — Outreach, Final Engineering & Design; VI — Post - Construction Water Quality Monitoring Plan; and Part I -- Feasibility Assessment of Phase One's Conceptual Plan. The Consultant shall assess the Project's feasibility in part by gathering required information to analyze or improve upon Phase One's Historic Wetlands Conceptual Plan. Specific tasks shall include: Establish (in consultation with the City) and convene Technical Advisory Committee (TAC) and meet with TAG to review Conceptual Plan. TAG membership is suggested to include representatives of DFG, the US Fish and Wildlife Service, the National Marine Fisheries Service, the City, the State Coastal Conservancy, the Regional Board, and representation from a Non - Govemmental Organization, like the NBNF; Gather existing information about the Conceptual Plan, especially whether the Plan will • meet water quality objectives and whether the plan is hydrologically sound; Meet with impacted resources agency representatives and City staff to discuss the Conceptual Plan, its water quality component, and any alternatives and Based on these meetings, determine the Optimum Plan and additional studies /analysis required, if any, to confirm its feasibility. While it is understood that the time spent during planning can expand to accommodate examining additional options, the Consultant shall clearly define tasks that are reasonably needed to accomplish the Feasibility Assessment phase of the project. Part II — Water Quality QAPP and SAP. The consultant shall review existing water quality data to attempt to characterize the baseline water quality of the Big Canyon system. To further this characterization, the Consultant shall: 1. Develop and submit an approved Quality Assurance Program Plan (QAPP) to the Regional Board. The QAPP must be consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). 2. Develop, submit, and implement an approved Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the specific water quality constituents to be monitored and the frequency /schedule for the monitoring activities. Monitoring activities shall include pre- Project baseline monitoring and a specific plan for post- Project monitoring to determine water quality improvement resulting from the restoration project. Post - Project monitoring shall be done by the City or another contractor in the post- • construction phase of the Project (see Part VI of the Scope of Work for Post - Construction Monitoring Plan). Sub -tasks here are: 15 0 0 a. Conduct the water quality sampling and analysis program per the approved SAP; • b. Establish a baseline water quality evaluation of the Project area by characterizing contaminants entering or present; c. Submit the water quality data to the Regional Board in report form and electronic format. Part III -- Preliminary Engineering (to 30% design for Alternatives). Services under this Phase shall include: 1. Revise timeline for Phase II (this specific phase of the larger restoration project) If appropriate, include time and budget requirements for additional studies /analysis required to confirm Optimal Plan's feasibility and /or to develop appropriate alternatives for NEPA/CEQA compliance; 2. If the Consultant proposes any changes in the Design Team that the Consultant originally submitted in response to the. RFP, the Consultant shall provide such recommended changes to the City, SCC and Regional Board for approval NOTE., At the completion of Steps /11 -1 and 111 -2, the consultant must stop further work until receiving a formal Notice to Proceed from the City, SCC, and Regional Board. With a Notice to Proceed in hand, the consultant may proceed to Step 111 -3. 3. Conduct additional studies and a public workshop associated with these studies, if warranted; 4. Develop the Optimal Plan and any design alternatives to a level sufficient for NEPA/CEQA analysis (level of design required for the alternatives shall be 30 %). The Optimal Plan shall include: 16 e • Restoration of all habitat areas (riparian, wetlands, meadow, fresh water pond, • mudflat, coastal sage scrub); • Removal of all non - natives and replacement with appropriate native and non - invasive species; • Water quality protective measures and facilities. NOTE: water quality improvement measures shall not rely solely on natural treatment systems (please see "Habitat Value of Natural and Constructed Wetlands Used to Treat Urban Runoff.. A Literature Review" @ www. scwra .oroVocuments/SAP/Treatment wetlands /TreatmentWetlandscover.pdo; • Erosion control, hydrologic, and hydraulic measures and facilities that control 100 -year storm flows and sedimentation such that storm flows and sediment does not damage improvements in the Park or habitat in Upper Newport Bay; • Realignment of Back Bay Drive, pedestrian and bicycle trails, boardwalks and bridges, overlooks, parking, comfort station(s), and interpretive and educational areas for the public, including facilities that provide access to persons with disabilities (to the extent required under ADA and to the extent possible). Interpretive and educational elements should be coordinated with existing educational efforts of the stakeholders; • Hydrologic and hydraulic measures and facilities Realignment of Back Bay Drive (if appropriate) to City specifications, including culverts, grading, paving, etc. • Repair and improvement of tidal structures and /or spillways for fresh water pond areas; 5. Provide detailed control and topographical surveys; 6. Confirm the location of private and publicly -owned utilities within the Project area, and provide pre- engineering to show how they may be serviced and preserved under the • Optimal Plan; 7. Provide soil borings and a geotechnical report for the proposed improvements; 8. Conduct biological studies and analysis, including (but not limited to): 16 e • Addressing the environmental setting; • Section 7 (Endangered Species Act) consultation with National Marine Fisheries and • US Fish and Wildlife Service; • Data collection for candidate and listed species to include in a Biological Assessment for any incidental take statements; and • Wetlands delineation. 9. Coordinate pre - design work with City staff through the City's project manager; 10. Develop a detailed preliminary cost estimate for the selected alternative; and 11. Discuss materials and data with TAC, and respond to TAC's comments. Part IV -- Environmental Review & Grant Opportunities. Environmental review services may progress concurrently with Preliminary Engineering tasks (where appropriate) and shall include: 1. Mitigation Opportunity Review /Planning. The Consultant shall evaluate and make recommendations on avenues for construction funding, including coordination with and assistance to interested parties (such as the County of Orange or the Transportation Corridor Agencies) who may need to use the site for mitigation expenditures. In the event that mitigation dollars are available, the Consultant shall adjust CEQA/NEPA process accordingly and detail likely maintenance obligations within CEQA/NEPA process. 2. CEQA/NEPA Review and Documentation: In addition to compliance with the CEQA, the City may need to comply with NEPA in the event that a Federal agency provides construction funding or that a Clean Water Act Section 404 permit is needed. a. Prepare an Initial Study reflecting the Optimal Plan and its alternatives; b. Determine which level of environmental review is appropriate (MND, EIR, other); c. Prepare and submit Notice of Preparation (NOP); • d. Hold at least one scoping meeting and receive agency /stakeholder/TAC comments; e. Prepare administrative draft of environmental document and circulate to staff of Regional Board, City, and SCC for comments and revisions; f. Circulate draft environmental document to the public; g. Hold public review meeting and respond to comments; h. Prepare final environmental document, including mitigation measures as necessary. 3. While feedback from agencies on environmental review and permit documents should be sought before proceeding to final design and construction -ready documents, modifications of designs and construction -ready documents may be required to comply with environmental or permitting approvals. 4. Prepare and submit applications for all permits and obtain all agency approvals /permits for the Project. 5. Serve as the lead consultant (with City or other groups' support) to prepare two or more grant applications associated with the Project. Part V — Outreach, Final Engineering & Design. Design services comprise a substantial portion of the Scope of Work, and shall bring the Optimal Plan to final design and construction - ready documents. These services shall include: 1. Join City staff and others in communication and up to two (2) meetings with residents and commercial entities upstream to discuss Optimal Plan, including any runoff reduction efforts planned for upstream businesses and residents. 2. Surveying the project site and preparing fully dimensioned base sheets. Survey information shall be provided at close intervals as needed at critical areas. 17 3. Final Design of the Optimal Plan. This design shall include engineering and preparation of construction -ready documents (to City of Newport Beach Public Works Standards — see • later in the RFP) for the installation of all improvements; 4. Preparing detailed special provisions, quantities and a final cost estimate; 5. Development of a post- construction Long -Term Maintenance Plan (with cost estimates) for the Project; 6. Discuss materials and data in Design phase with TAC, respond to comments; 7. With assistance of City staff, convene and staff a workshop with interested stakeholders; • Part VI — Post - Construction Monitoring Plan. Building on the pre - Project SAP for Water Quality in Part II, this section of the Scope of Work shall consist of: Developing and submitting an approved Post - Construction Water Quality Sampling and Analysis Plan (SAP) to the Regional Board, The SAP shall describe the types of water quality constituents to be monitored and the frequency /schedule for the monitoring activities. No post - construction monitoring is expected from the Consultant; however, the Consultant may later be requested under a separate contract to administer the Post - Construction Monitoring SAP once the Project is constructed. Part VII — Project ManagementlCoordi nation. The Consultant shall manage each section of this project, including subconsultant management, to the satisfaction of the City such that all aspects of this Scope of Services are completed. 18 • F- I L • • L�P r'P tL f1 3 rP hz Big Canyon Restoration Project City of Newport Beach Phase II — Engineering, Design, Permitting, and Final Construction Documents W RC WRC Con/uHInJ $ /MC. /. InC ail /IIaM MIS ?As MI5 W15 tats Ins +2115 ills bi5 vls 415 5115 6113 )I1s 113 Ills 16113 11113 I -qud buumend TAC Meru, F...Wfily SWdy — - _ N -Weer Quality OAPP and SAP B.". WWr OY/Nty E.a4Va0on end lkr WaWR W.I...., Clly/cierl(elgn Of Cant/ aLII AI- P.dunM En mnm N- EPryronmwbl Pwn+ s Glans O omn4uu Gol�r;e3 aWJ k/ymo. Lr] fMlCOZ �M Grm.rl/ �ry-Meq Pn/rLna CEONNEPA YND 5WS5Wr Pww-Z fry/ ':)J MLN PN.wn awN Bn.awn APMa /Y s.., Ps.nWV 1601 A3 CIodrY sw Cnor.rveon Norovd Apar a1 �N M,mq ruaanLer �a Dea,m. +.an APrwJ UIf na.n.T CmayrNa-na DCPnraaxm NipLYi APeru0al 0 -- MS5/ctwn! A,,—, CaalMNMaro Dxwv/gm Knau AOanN : C..w Commiaalon A a,,c, dnwonM Dewnn'eto-- aPPrwJ V. oVlmcN. fine Englmaflflg 5 Design Pn05c MMmp fMYEnpmeenno ` ^' T.,hm,U Tum Maaun A. Paat Coft$IPWlan Wefu QI614Y MOAROfIflo Plan VIII PIOPn Wn/ menUCOOitlmaVOn • F- I L • • L�P r'P tL f1 3 rP hz • • • 9 Professional Clerical ................... CAD Drafter............ CAD Designer ....... Staff Professional Senior Professional Project Manager..... Principal Engineer . QA/QC .................... Administrative 0 NN WRC Ccmui ing Services, Inc. HOURLY LOADED CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Effective October 1, 2004 Word Processor /Admin. Support ............. ............................... Graphic Designer / Publisher ..................... ............................... Reimbursable In -House Costs B &W Photo Copies (up to 8.5" x11") ............ ............................... B &W Photo Copies (up to 11" x17") ............. ............................... Color Copies (up to 8.5'x11 ") ...................... ............................... Color Copies (up to 11" x17') ....................... ............................... Color Print Original (up to 8.5 "x11 ") ........... ............................... CADD Print Original (B &W, 11 "x17 ") ......... ............................... CADD Print Original (Color 11N17") ........... ............................... CADD Print Original (BAN, 24" x36 ") ........... ............................... CADD Print Original (Color, 24 x36) .......... ............................... CADD Print Original (Color, WNW) ......... ............................... Mileage....................................................... ............................... Attachment C .................... $ W.00 .................... $ 60.00 .................... $ 76.00 .................... $ 96.00 .................... $ 115.00 .................... $ 140.00 .................... $ 140.00 .................... $ 165.00 $ 50.00 $ 55.00 ............................. $ 0.10/Each ............................. $ 0.15/Each ............................. $1.00/Each ............................. $1.50 /Each ............................. $ 2.00 /Each ... ..........................$1.00 /Each ............................. $ 3.00 /Each ............................. $ 5.00 /Each ............................. $ 24.00 /Each ............................. $ 40.00/Each ................ I............ $ 0.365mile Reproduction, special photography, postage, delivery services, express mail, CADD printing and any services performed by subcontractor, will be billed at cost plus 10 %. There will be a negotiated increase in rates after December 31, 2005. 5100 E. La Palma Avenue. Suite 116. Anaheim Hills. Califomia . 92807. 714.970.8808. 714.970.8844 fax, v .w cinc.net ) 0 Big Canyon Restoration Project Phase II -- Engineering, Design, Permitting, and Final Construction Documents City of Newport Beach WRC Consulting Services, Inc. Subconsultant Team May 16, 2006' TOTAL ' DESCRIPTION WRA Earthworks Weston Everest Anchor Ron Yee Acorn Alhvest FEE I- Feasibility Assessment 3rd party review $ 5,000 $ 5,000 • TAC Meatlna S 1,200 5 500 S 500 S 2,400 $ 4,600 Paaalbiery study S 9,000 $ 4,000 S 1,200 S 7,000 $ 21,200 , II - Water Quality OAPP and SAP 4 CAPP and BAP e.,allnawmaroualiry EVatua6bn and Clundad.a.. al COnumin.ms 5 18,000 $ 18,000 III - Preliminary Engineering ! NOW.., EneT^..4ng S 12,000 S 7,200 S 4,000 S 6,000 S 10,000 $ 15,000 5 54,200 Techncall Team Meeena $ 1,500 $ 1,000 5 500 $ 500 S 3,500 IV - Environmental Review 8 Grant Opportunities; CEDftluEPA MND $ 24,000 S 24,000 Regutatery $ 48,500 5 48,500 Grant S 2,000 $ 3,000 $ 5,000 • V- Outreach, Final Engineering 8 Design l Pubac Mwnne $ 2,000 $ 1,000 S 500 S 500 $ 4,000 nn.l Enelnaadn4 $ 23,000 5 5,300 S 2,000 $ 9,000 S 13,000 $ 52,300 Tacbncau Team Maeany S 1,600 S 800 S 2,400 VI - Post Construction Water Quality Monitoring Plan S 6,000 $ 6,000 VII - Construction Management (optional) VIII - Project Management/City Coorldnation Grand Labor Total S 100,800 $ 21,800 S 31,700 5 7,400 S 32,000 S 16,000 S 24,000 S 15,000 $ 248,700 Reimbursable $ 3,500 S 2,000 S 25,000 S 1,000 $ 1,000 S 7,000 S 39,500 Grand Total S 104,300 S 23,800 S 56,700 S 8,400 S 33,000 S 16,000 S 24,000 S 22,000 $ 288,200 ay . 4. • • Big Canyon Restoration Project Phase II -- Engineering, Design, Permitting, and Final Construction Documents S7 W RC City of Newport Beach WRC Consulting Services, Inc. May 16, 2006 165 140 115 96 76_ 50 Principal) Sr. CADO TOTAL TOTAL Sub consultant DESCRIPTION QA/QC Manager/ Professional Professional Designer Clerical HOURS FEE FEE Specialist I — Feasibility Assessment $ 5,000 • Third Party Review TAC Meeting 48 48 24 120 $ 14,064 $ 4,600 ) Feasibility Study 12 98 180 120 410 $ 45,520 $ 21,200 i II — Water Quality QAPP and SAP Ij Baseline Water Quality Evaluation and Characterization of Contaminants 4 4 40 48 S 4,060 $ 18,000 III — Preliminary Engineering (30%i Preliminary Engineering 20 120 156 140 350 786 $ 78,080 $ 54,200 Technical Team Meeting 36 36 S 5,040 S 3,500.: IV — Environmental Review & Grant Opportunities CEQA /NEPA MND 12 80 92 $ 9,360 S 24,000 p Regulatory $ 48,500 � Grant 40 40 $ 5,600 $ 5,000. V. Outreach, Final Engineering & Design • Public Meeting 24 12 48 32 116 $ 9,986 S 4,000 Final Engineering 60 136 464 282 664 1605 S 159,836 S 52,300 Technical Team Meeting 72 72 144 $ 18,360 $ 2,400 VI - Post Construction Water Quality Monitoring Plan 4 4 $ 560 S 6.000 VII• Project ManageenUCoordlnation r m 220___ __.__ _ 84 _64 $_ 40,384 Grand Labor Total 92 814 936 502 1330 96 3402 S 390,852 $ 248;700 Reimbursable s 19,543 $ 39,500 Total S 410,396 S 288,200 ' PROJECTTOTAL _ _ $ 698,595_„ 4. Big Canyon Restoration Project Phase II -- Engineering, Design, Permitting, and Final Construction Documents s City of Newport Beach WRC WRC Consulting Services, Inc. I • may 162006 FEE ESTIMATE ASSUMPTIONS Historical Tidal Alternative per previous concept plan was used as the basis of tee estimates; additional alternative study, revision, and selection requires extra fee. Other assumptions for fee estimates Include: Biology baseline data am not significantly different than the previous report and Historical Tidal Alternative Is the focus of feasibility study. Feasibility report and permit document technical appendices are similar and no additional report format Is required. City to Invite public and provide public meeting location. City to reproduce and distribute documents. City to reproduce bid package. One public meeting of the three scheduled Is to be combined with the CEOA public hearing Mitigated Negative Declaration; no EIS; No mitigation needs other than ordinary construction mitigation WRC to provide PDF (Iles and four sets of draft feasibility report and three design level PS &E (95 %, 75 %. 90%) plus Final PS &E. Revisions for each level are to be Included in' the next level submittal. WRC to provide a survey control line and Digital Terrain Mapping (DTM) data for grading operation; no control for sections and outside boundaries. One Interpretive panel at kiosk and lour signs along trails for final design. Panels and sings can be reproduced by City for other locations. • Two week review lime. PS&E review par City requirements only. Project period not to exceed eighteen months from project start. Work not Included In the fee estimates: tidal hydrodynamic and surface Bow hydraulic two dimensional models; now CAPP and SAP (it required); architectural level graphic Illustration; non preferred alternative technical analysis and documentation; fishery biology survey and alternative analysis; field Identification of construction elamards (typically associated with construction contract); provision of background documents and research that went Into Phase 11's construction materials choices; technical specifications for special plant handling, water quality BMP, and bioengineering measures; construction phasing and SWPPP; operation and maintenance program; detailed; post construction biological monitoring plan and estimates; and soils biomass and water quality bioassay tests. - -s -_ • • Attachment D Big Canyon Creek Restoration Project Phase II Engineering, Design, Permitting, and Final Construction Documents David H. Pohl, Ph.D., P.E. WRC/Weston Solutions field Crew Henry M. Fehlman, RE.(Riverine) Ying Poon, Ph.D. (Tidal) Crystal M. Acker (Tidal Marsh) Margot Griswold, Ph.D. (Riparian Upland) Kathy Kean (Avian) Rick Ware (Fisheries) WRA (USACE, RWQCB, F&G) Anchor(CEQAINEPA) Henry M. Fehlman, P.E. (Coordinator) e • Lan Weber, Ph.D., P.E. Martin Carlassare, P.E., C.E.G. Margot Grisold, Ph.D. David H. Cannon, P.E. mmonom WRC Marty Carlassare, P.E., C.E.G. Michael Josselyn, Ph.D. Roland D. Wass, Ph.D., P.E. Lan Weber, Ph.D., P.E. Other Technical Discipline Support Ron Yeo, F.A.I.A. Peter Miles, A.S.L.A orge Salvaggio, M.LA. Jennifer Adams Rigby (Acorn Group) Civil Structural Jaw John Chang, Ph.D., P.E. Wilbert Cho, P.E. Peter Duk, P.E. Ricardo Perez Rich Josenhans, P.L.S. Geotechnical John Gery, P.E., G.E. Sediment Disposal Steven H. Cappellino 11.� 0 r1 LJ r 1 iL J C� f 1� -aoflb� CITY OF NEWPORT BEACH MEMORANDUM TO: Mayor Webb and Members of the City Council FROM: Dave Kiff, Assistant City Manager DATE: May 4, 2006 RE: Item #10 -- Big Canyon Creek BY THE CHY V YOF NEWF MAj Q9 7006 I respectfully request continuance of the Big Canyon Creek item for two weeks. Public Works staff and I need more time to go through the fee schedule with the proposed consultant. Thank you. Dave City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 0 9 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 May 9, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Big Canyon Creek Restoration Project — Phase II ISSUE: Should the City enter into a $735,000 contract with WRC Consulting Services, Inc. to do Engineering, Design, Permitting, and Final Construction Documents (Phase II of III phases) for the Big Canyon Creek Restoration Project? RECOMMENDATION: Authorize the Mayor to sign a professional services agreement with WRC Consulting Services in an amount not to exceed $735,000 (includes a 5% contingency) to conduct design, engineering, permitting, and the preparation of construction documents for the Big Canyon Creek Restoration Project. DISCUSSION: Newport Bay is Newport Beach's most treasured environmental asset. From the ecological reserve and parkland in the Upper Bay to the boating, residential, and visitor - serving uses in the Lower Bay, Newport Bay is home to six endangered species, the nation's largest small craft harbor, tour and charter boat operations, more than sixty different commercial ventures, rowing clubs, yacht races, and millions of visitors annually. Upper Newport Bay - including its Ecological Reserve (administered by the California Department of Fish and Game), its Regional Park (administered by the County of Orange) and the access provided by Back Bay Drive (administered by the City) - is one of California's more challenging resources to manage and protect. Several major and complex Upper Bay projects involving a multitude of agencies are underway today, including: Wontract with WRC for Phase ii of Sig Clan Creek Restoration Project May 2, 2006 Page 2 Upper Newport Bay Ecological Restoration Project. This US Army Corps of Engineers -led (US ACE) effort is a $38.5 million dredging project that is underway today. Newport Bay /San Diego Creek Watershed Feasibility Study. This US ACE -led Study looks at ways to reduce sediment and nutrient deposits in the Upper Bay by keeping the sediment at its source. The Study is identifying locations in the San Diego Creek watershed that will catch sediment, treat runoff (in part via the IRWD's Natural Treatment System or `NTS" project), and preserve and restore habitat. • Sediment/Nutrient TMDL Compliance. To comply with US EPA - adopted Total Maximum Daily Loads (TMDLs) that limit sediment and nutrients into the Bay, the City funds ongoing monitoring and maintenance of upstream environments to meet the TMDLs' limits. Even with these three major efforts, the Upper Bay still faces significant problems relating to the region's heavy use of the Bay as a park, reserve, and local resource. These problems include: • Erosion of the City -, County -, and privately -owned slopes that abut the Bay; • Infestation by non - native plants; • Increased threats to endangered, threatened and species of concern; • Continued serious loss of wetland, saltmarsh, mudflat and transitional habitats; • Trespassing in sensitive areas due to a lack of appropriate public access; and • Inputs of contaminated runoff from Bay- adjacent residential and business areas. While the County and the State of California administer much of the Upper Bay, the City owns and manages Big Canyon Nature Park (see diagram). Big Canyon Nature Park's roughly 58 acres include Big Canyon Creek, a drainage that receives runoff from two square miles of primarily urbanized watershed, the Big Canyon Country Club and adjacent residences. The Nature Park is largely unrestored and has extensive problems with invasive species and poor water quality due to urban runoff. In January 2003, the City Council approved what's referred to as "Phase I" (the development of a concept plan) of a larger Big Canyon Creek Restoration Project (the "Project "). The overall Project would: 1. Improve the water quality of the fresh water Big Canyon Creek both as it enters the Park and as the Creek enters Upper Newport Bay; 2. Remove exotic species and replace with native, non - invasive species; 3. Create effective riparian, wetlands, coastal sage scrub, and other habitat in the Park (paying close attention to the needs of endangered and threatened species) per the attached Conceptual Plan or an updated iteration of the Conceptual Plan; Contract with WRC for Phase It of Big d0on Creek Restoration Project May 2, 2006 Page 3 4. Design a sound drainage & hydrology system that will convey runoff from significant storm events through Big Canyon Creek; 5. Provide for visitor amenities, including but not limited to parking, comfort station(s), overlooks, interpretive and educational elements, bike facilities, and a disabled - accessible trail (or boardwalk or bridge) allowing access to significant areas of the Park; 6. Design the realignment of key infrastructure in the park, including utilities, utility access facilities, Back Bay Drive, parking lots, bike facilities, comfort stations, etc.; 7. Add to the acreage of mudflat at the mouth of Big Canyon Creek so as to increase overall mudflat acreage in Upper Newport Bay; Big Canyon Creek Area After receiving Council authorization to do so via Resolution 2002 -15 on January 22, 2002, the City applied to the State Coastal Conservancy, via its Southern California Wetlands Recovery Project ( SCWRP), for a grant to complete Phase I. On October 31, 2002, the SCWRP approved a grant of $167,000 for Phase I. The City matched the grant with $110,000 from the Upper Newport Bay Restoration Account. Another $27,000 in in -kind support came from the Newport Bay Naturalists and Friends and from a group that conducted Phase I - Community Conservancy International (CCI). Phase I Work. CCI completed a majority of the Project's Phase I work in Fall 2003. The culmination of the work included a public meetings and a consensus by various resources agencies that one identified alternative - called the Historic Tidal Wetlands Alternative - is the project alternative that should provide the best habitat value for Big Canyon Creek. A schematic of the Alternative is shown within the RFP in the attachments. 3 ebontract with WRC for Phase lI of Big Clan Creek Restoration Project May 2, 2006 Page 4 What's in Phase II. Phase II continues planning and design work for the Project with the Historic Tidal Wetlands Alternative as the guiding use. Phase II includes a comprehensive study of hydrology and water quality concerns in Big Canyon Creek, along with refinement of the Alternative (including the engineering, design, permitting, and outreach needed to bring the Project to construction -ready documents). Specifically, Phase II includes (see the RFQ for more detailed information): 1. Feasibility Assessment; 2. Quality Assurance Program Plan (QAPP) and Sampling and Analysis Plan (SAP); 3. Preliminary Engineering; 4. Environmental Review; 5. Outreach, Final Engineering & Design; 6. Post - Construction Water Quality Monitoring Plan; and 7. (Optional) - Construction Management Consultant Selection. We issued a full RFP and received three responses, all from reputable firms, at the proposal deadline. Following the qualification -based selection (QBS) process, we scored the three proposals, narrowed them down to two, interviewed the two firms, and then discussed fees with the firm (WRC Consulting Services) we believed was most qualified. The review team was: • Lloyd Dalton, Principal Engineer, Public Works • Dave Kiff, Assistant City Manager • Tom Rossmiller, Harbor Resources Manager • John Kappeler, Code & Water Quality Division Manager • Brian Shelton, Biologist, Fish and Game • Jack Keating, Newport Bay Naturalists and Friends • Ric Katzmaier, Newport Bay Naturalists and Friends • Karen Bane, State Coastal Conservancy • Terri Stewart, Supervising Biologist, Fish and Game • Wanda Cross, Regional Water Quality Control Board The three proposing firms were WRC Consulting Services, Moffat - Nichol, and EcoSystems Restoration Associates. WRC had a narrow edge over the other firms by the time the proposal scoring and interviews were done. Funding. Funding for Phase II will come from these sources: • State Water Resources Control Board grant -- $200,000.00 (awarded) • State Coastal Conservancy Grant -- $500,000 (awarded) • City Match requirement ($50,000-in FY 2005 -06 CIP at 7231- C5100709) I Contract with WRC for Phase ii of Big t0on Creek Restoration Project May 2, 2006 Page 5 Construction Cost Projection. It's difficult to estimate what construction costs will be - in 2003 -04, we estimated these costs at $4 -5 million. We intend to seek construction funding from a variety of sources, including Propositions 12, 13, 40, or 50, the Transportation Corridor Agencies' mitigation funds, the County of Orange's mitigation funds, and other sources should additional grant moneys become available. We are optimistic that the Project, once planned and approved, will successfully secure construction funding given that funding from the above - mentioned propositions is unaffected by the State budget. Environmental Review: Environmental review is not required for this Council action, but environmental review for the Project itself will be done within Phase Il. Public Notice: This agenda item requires standard Brown Act notice. Submitted by: Dave 1W Assistant City Manager Attachments: Phase II RFP WRC Scope of Work Cost Estimate WRC Timeline for Scope of Work Proposed Professional Services Agreement with WRC E 0 0 City of Newport Beach, California REQUEST FOR PROPOSALS CONSULTANT SERVICES Big Canyon Creek Restoration Project Phase II -- Engineering, Design, Permitting, and Final Construction Documents DATE MAILED: AUGUST 19, 2005 CITY OF NEWPORT BEACH, CALIFORNIA 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 Table of Contents A. Introduction ............................. ............................... ...........................Page 2 B. Description of Project .................................................... ..............................3 C. Scope of Work .............................................................. ..............................4 D. General Requirements ................................................... ..............................8 E. The City's Responsibilities ............................................. ..............................9 F. Consultant Products ..................................................... .............................10 G. Consultant Qualifications .............................................. .............................10 H. Required Proposal Elements .......................................... .............................11 1. Proposal Submittal ....................................................... .............................12 J. Consultant Selection Process ........................................ .............................13 K. Equal Opportunity Requirements .................................... .............................13 Exhibit A — Project Location Maps .................................. .............................14 Exhibit B — Conceptual Plan .......................................... .............................15 Exhibit C — Standard Professional Services Agreement .... .............................16 Exhibit D — City Attorney's Office PSA Guidelines ............ .............................31 0 0 Big Canyon Creek Restoration Project (Phase !t) RFP August 2005 Page 2 A. INTRODUCTION Upper Newport Bay (UNB) is a 750 -acre estuary in central Orange County, California. UNB includes an ecological reserve (administered by the California Department of Fish and Game [DFG]), a regional nature preserve (administered by the County of Orange) and City -owned and administered adjacent properties like the 58 -acre Big Canyon Creek Nature Park. UNB is home to six endangered species, including the California Least Tern, the California Brown Pelican, and the Light- Footed Clapper Rail. Big Canyon Creek. Big Canyon Creek is a drainage course that receives runoff from about two square miles of primarily urbanized watershed (including the Big Canyon Country Club and adjacent residences) and that runs through Big Canyon Creek Nature Park before flowing into UNB (see Exhibit A for location information). The Southern California Wetlands Recovery Project ( "WRP ") identified Big Canyon on its Work Plan as an important resource in need of restoration. The Newport Beach City Council directed the City to move forward with an effort to restore the Creek within the Nature Park, calling the effort the Big Canyon Creek Restoration Project. As proposed in 2003, the Project would address: A restoration plan for wetlands and wetlands - related habitats; The needs of endangered and threatened species; • Unfiltered urban runoff and impacts on Bay water quality; • Drainage and hydrologic needs of golf course, City storm drains and bluffside homes, including provisions for large storm events; • Public access and connection to Big Canyon Nature Park; and • Maintenance access to City and other agencies' utilities. Phase I Complete. In 2003 and 2004, Community Conservancy International (CCI), with funding from the State Coastal Conservancy on behalf of the WRP, the City, and the Newport Bay Naturalists and Friends ( "NBNF "), conducted Phase I of the Project. Phase I included preliminary analysis and reviews, public meetings, and discussions with regulatory agencies_ The Phase concluded by designating a preferred alternative called the Historic Tidal Wetlands Alternative (see Exhibit B). Please see the full report on Phase I (as completed by CCI) on the City's web site at www.city.newoort- beach.ca.us and the State Coastal Conservancy's website at www.scc.ca.gov. About Phase If. The Project is now ready to move to its formal design phase. As the owner of the Big Canyon Creek Nature Park, the City of Newport Beach has committed to its restoration; therefore, the City will be the project lead from final design to construction and management. This Request for Proposals (RFP) solicits proposals from interested firms to complete Phase II ( "Engineering, Design, Permitting, and Final Construction Documents ") of the Project. The following is important to know about Phase II: Its Scope of Work follows this introduction, and includes a 3rd party review of the Alternative selected in Phase I; • 0 Big Canyon Creek Restoration Project (Phase 17) RFP August 2005 Page 3 • A key component in Phase II is the water quality analysis and design - this analysis shall include a Sampling and Analysis Plan (SAP), a Quality Assurance Program and Plan (QAPP), and shall provide for pre- and post- Project monitoring that demonstrates water quality improvement. • It is funded in part from the City, the State Coastal Conservancy, and the State Water Resources Control Board (via the California Regional Water Quality Control Board, Santa Ana Region). These three agencies' goals are identical - the improvement of habitat, public access, and water quality; • Consultant selection by the City is subject to approval by the State Coastal Conservancy and the State Water Resources Control Board. • Consultant selection by the City will be a qualifications -based selection ("QBS ") as described in Section J of this RFP. • The City expects that the Consultant shall complete Phase II 18 months from the date of contract award, though respondents should propose a timeline reflective of the practical and logistical needs of the Phase as opposed to an arbitrary conclusion date. B. DESCRIPTION OF PROJECT As refined by Phase I's information, the stakeholders intend to restore the habitat quality of the Big Canyon Creek Nature Park in a manner that will: 1. Improve the water quality of the fresh water Big Canyon Creek both as it enters the Park and as the Creek enters Upper Newport Bay; 2. Remove exotic species and replace with native, non - invasive species; 3. Create effective riparian, wetlands, coastal sage scrub, and other habitat in the Park (paying close attention to the needs of endangered and threatened species) per the attached Conceptual Plan or an updated iteration of the Conceptual Plan; 4. Design a sound drainage system that will convey runoff from significant storm events through Big Canyon Creek; 5. Provide for visitor amenities, including but not limited to parking, comfort station(s), overlooks, interpretive and educational elements, bike facilities, and a disabled - accessible trail (or boardwalk or bridge) allowing access to significant areas of the Park; 6. Design the realignment of key infrastructure in the park, including utilities, utility access facilities, Back Bay Drive, parking lots, bike facilities, comfort stations, etc.; 7. Add to the acreage of mudflat at the mouth of Big Canyon Creek so as to increase overall mudflat acreage in Upper Newport Bay; Consultant services for the Project shall encompass the following elements: A peer- reviewed and stakeholder - involved evaluation of the proposed Conceptual Plan (Exhibit B — Historic Tidal Wetlands Alternative) for the Big Canyon Creek Restoration Project; r 0 0 Big Canyon Creek Restoration Project (Phase d) RFP August 2005 Page 4 2. Further improvement of the Conceptual Plan (or an alternative should the Conceptual Plan be amended as a result of this contract) into fully- approved and permitted construction documents, including but not limited to: • Coordinating all permitting and other Agency Approvals (including CEQA and agency review, including permit requirements of the City of Newport Beach); • All related engineering, landscaping design, biological analyses, and design development, including drainage systems that would maintain and protect any restoration efforts during large storm events. • The establishment of baseline water quality conditions, the evaluation and design of water quality improvements, and the development of a post - construction water quality monitoring plan; 3. Stakeholder and community participation, including arranging for and holding at least two (2) noticed public workshops. The workshop schedule shall be developed with the City, the SCC, and the Regional Board; 4. A Technical Advisory Committee established in consultation with the City, the SCC, and the Regional Board and staffed by the consultant (including agendas and minutes). The TAC will regularly review and comment upon the Scope of Work's work products. 5. The development of a post- construction maintenance plan and an estimate of annual costs for the post- construction maintenance plan; 6. Communication and interaction with the SCC and the Regional Board — as well as with City staff. 7. The development and submittal of an appropriate and Regional Board - accepted Quality Assurance Program Plan (QAPP) and Sampling and Analysis Plan (SAP) associated with this Project's water quality monitoring components. 8. The arranging and coordination of a publicly - accessible web site (linked to or hosted at the City's web site) as a repository of all public information about the Project; 9. A Quarterly Report issued once every three months to the City, the SCC, and to the Regional Board in a common format as directed. 10. Final construction documents, including: • Calculations that substantiate the key design features (e.g., flood stage that control structures are designed to withstand); Detailed construction drawings; and • Specifications that explain the construction drawings. C. SCOPE OF WORK The City desires that the Consultant bring the Project from its Conceptual Plan to final construction drawings. More specifically, the Consultant shall provide these six (with an optional seventh) Parts: I — Feasibility Assessment; II — Water Quality QAPP and SAP; III — Preliminary Engineering; IV — Environmental Review & Grant Opportunities; M 9 0 Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 5 V — Outreach, Final Engineering & Design; VI — Post - Constructlon Water Quality Monitoring Plan; and VII — (Optional) — Construction Management The Consultant may be asked to provide Construction Management for the Project at a later date. Part I -- Feasibility Assessment of Phase One's Conceptual Plan. The Consultant shall assess the Project's feasibility in part by gathering required information to analyze or improve upon Phase One's Historic Wetlands Conceptual Plan. Specific tasks shall include: 1. Establish (in consultation with the City) and convene Technical Advisory Committee (TAC) and meet with TAC to review Conceptual Plan. TAC membership is suggested to include representatives of DFG, the US Fish and Wildlife Service, the National Marine Fisheries Service, the City, the State Coastal Conservancy, the Regional Board, and representation from a Non - Governmental Organization, like the NBNF; 2. Gather existing information about the Conceptual Plan, especially whether the Plan will meet water quality objectives and whether the plan is hydrologically sound; 3. Meet with impacted resources agency representatives and City staff to discuss the Conceptual Plan, its water quality component, and any alternatives and 4. Based on these meetings, determine the Optimum Plan and additional studies /analysis required, if any, to confirm its feasibility. While it is understood that the time spent during planning can expand to accommodate examining additional options, the Consultant shall clearly define tasks that are reasonably needed to accomplish the Feasibility Assessment phase of the project. Part II — Water Quality QAPP and SAP. The consultant shall review existing water quality data to attempt to characterize the baseline water quality of the Big Canyon system. To further this characterization, the Consultant shall: 1. Develop and submit an approved Quality Assurance Program Plan (QAPP) to the Regional Board. The QAPP must be consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). 2. Develop, submit, and implement an approved Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the specific water quality constituents to be monitored and the frequency /schedule for the monitoring activities. Monitoring activities shall include pre- Project baseline monitoring and a specific plan for post- Project monitoring to determine water quality improvement resulting from the restoration project. Post - Project monitoring shall be done by the City or another contractor in the post- construction phase of the Project (see Part V/ of the Scope of Work for Post - Construction Monitoring Plan). Sub -tasks here are: a. Conduct the water quality sampling and analysis program per the approved SAP; to Big Canyon Creek Restoration Project (Phase it) RFP August2005 Page 6 b. Establish a baseline water quality evaluation of the Project area by characterizing contaminants entering or present; c. Submit the water quality data to the Regional Board in report form and electronic format. Part III -- Preliminary Engineering (to 30% design for Alternatives). Services under this Phase shall include: 1. Revise timeline for Phase II (this specific phase of the larger restoration project) If appropriate, include time and budget requirements for additional studies /analysis required to confirm Optimal Plan's feasibility and/or to develop appropriate alternatives for NEPA/CEQA compliance; 2. If the Consultant proposes any changes in the Design Team that the Consultant originally submitted in response to the RFP, the Consultant shall provide such recommended changes to the City, SCC and Regional Board for approval NOTE. At the completion of Steps 111 -1 and Ill -2, the consultant must stop further work until receiving a formal Notice to Proceed from the City, SCC, and Regional Board. With a Notice to Proceed in hand, the consultant may proceed to Step 111 -3. 3. Conduct additional studies and a public workshop associated with these studies, if warranted; 4. Develop the Optimal Plan and any design alternatives to a level sufficient for NEPA/CEQA analysis (level of design required for the alternatives shall be 30 %). The Optimal Plan shall include: • Restoration of all habitat areas (riparian, wetlands, meadow, fresh water pond, mudflat, coastal sage scrub); • Removal of all non- natives and replacement with appropriate native and non - invasive species; • Water quality protective measures and facilities. NOTE: water quality improvement measures shall not rely solely on natural treatment systems (please see Habitat Value of Natural and Constructed Wetlands Used to Treat Urban Runoff., A Literature Review" @ www. scwro .org/documents/SAPITreatment wetl andslTreatmentWetlandsCoverpdD; • Erosion control, hydrologic, and hydraulic measures and facilities that control 100 -year storm flows and sedimentation such that storm flows and sediment does not damage improvements in the Park or habitat in Upper Newport Bay; • Realignment of Back Bay Drive, pedestrian and bicycle trails, boardwalks and bridges, overlooks, parking, comfort station(s), and interpretive and educational areas for the public, including facilities that provide access to persons with disabilities (to the extent required under ADA and to the extent possible). Interpretive and educational elements should be coordinated with existing educational efforts of the stakeholders; • Hydrologic and hydraulic measures and facilities Realignment of Back Bay Drive (if appropriate) to City specifications, including culverts, grading, paving, etc. • Repair and improvement of tidal structures and /or spillways for fresh water pond areas; Provide detailed control and topographical surveys; Confirm the location of private and publicly -owned utilities within the Project area, and provide pre- engineering to show how they may be serviced and preserved under the Optimal Plan; it 0 9 Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 7 7. Provide soil borings and a geotechnical report for the proposed improvements; 8. Conduct biological studies and analysis, including (but not limited to): • Addressing the environmental setting; • Section 7 (Endangered Species Act) consultation with National Marine Fisheries and US Fish and Wildlife Service; • Data collection for candidate and listed species to include in a Biological Assessment for any incidental take statements; and Wetlands delineation. 9. Coordinate pre- design work with City staff through the City's project manager; 10. Develop a detailed preliminary cost estimate for the selected alternative; and 11. Discuss materials and data with TAC, and respond to TAC's comments. Part IV -- Environmental Review & Grant Opportunities. Environmental review services may progress concurrently with Preliminary Engineering tasks (where appropriate) and shall include: 1. Mitigation Opportunity Review /Planning. The Consultant shall evaluate and make recommendations on avenues for construction funding, including coordination with and assistance to interested parties (such as the County of Orange or the Transportation Corridor Agencies) who may need to use the site for mitigation expenditures. In the event that mitigation dollars are available, the Consultant shall adjust CEQA/NEPA process accordingly and detail likely maintenance obligations within CEQA/NEPA process. 2. CEQA/NEPA Review and Documentation: In addition to compliance with the CEQA, the City may need to comply with NEPA in the event that a Federal agency provides construction funding or that a Clean Water Act Section 404 permit is needed. a. Prepare an Initial Study reflecting the Optimal Plan and its alternatives; b. Determine which level of environmental review is appropriate (MND, EIR, other); c. Prepare and submit Notice of Preparation (NOP); d. Hold at least one scoping meeting and receive agency /stakeholder/TAC comments; e. Prepare administrative draft of environmental document and circulate to staff of Regional Board, City, and SCC for comments and revisions; f. Circulate draft environmental document to the public; g. Hold public review meeting and respond to comments; h. Prepare final environmental document, including mitigation measures as necessary. 3. While feedback from agencies on environmental review and permit documents should be sought before proceeding to final design and construction -ready documents, modifications of designs and construction -ready documents may be required to comply with environmental or permitting approvals. 4. Prepare and submit applications for all permits and obtain all agency approvals /permits for the Project. 5. Serve as the lead consultant (with City or other groups' support) to prepare two or more grant applications associated with the Project. 19 0 0 Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 8 Part V — Outreach, Final Engineering & Design. Design services comprise a substantial portion of the Scope of Work, and shall bring the Optimal Plan to final design and construction -ready documents. These services shall include: 1. Join City staff and others in communication and up to two (2) meetings with residents and commercial entities upstream to discuss Optimal Plan, including any runoff reduction efforts planned for upstream businesses and residents. 2. Surveying the project site and preparing fully dimensioned base sheets. Survey information shall be provided at close intervals as needed at critical areas. 3. Final Design of the Optimal Plan. This design shall include engineering and preparation of construction -ready documents (to City of Newport Beach Public Works Standards — see later in the RFP) for the installation of all improvements; 4. Preparing detailed special provisions, quantities and a final cost estimate; 5. Development of a post - construction Long -Term Maintenance Plan (with cost estimates) for the Project; 6. Discuss materials and data in Design phase with TAC, respond to comments; 7. With assistance of City staff, convene and staff a workshop with interested stakeholders; and Part VI — Post - Construction Monitoring Plan. Building on the pre- Project SAP for Water Quality in Part II, this section of the Scope of Work shall consist of: Developing and submitting an approved Post - Construction Water Quality Sampling and Analysis Plan (SAP) to the Regional Board. The SAP shall describe the types of water quality constituents to be monitored and the frequency /schedule for the monitoring activities. No post- construction monitoring is expected from the Consultant; however, the Consultant may later be requested under a separate contract to administer the Post - Construction Monitoring SAP once the Project is constructed. Part VII — (Optional) Construction Management. In the event that the Consultant desires to continue with this Project as its Construction Manager, the Consultant shall provide the following: 1. A summary of the expertise, roles, and duties that a selected Construction Management Team should have and should follow for this specific project. 2. A specific description of the respondent's Consultant Team (its personnel and personnel's qualifications) that would provide construction management, including a summary and qualifications of the Team's construction management experience with related projects. D. GENERAL REQUIREMENTS The Consultant shall prepare drawings and design specifications that conform with the Standard Specifications for Public Works Construction, ADA requirements, and E3 Big Canyon Creek Restoration Project (Phase tt) RFP August 2005 Page 9 requirements of the City of Newport Beach Design Criteria, Special Provisions and Standard Drawings for Public Works Construction. 2004 Edition, which augments the Standard Specifications for Public Works Construction latest revision. 2. The Consultant shall prepare drawings in AutoCAD Release 2002, plot construction drawings on standard City vellum sheets, and plot As -Built plans on standard City mylar sheets. Electronic files shall be formatted for use in any construction staking. 3. Drawings shall include all details and information required for various City departmental plan checks and for bid and construction purposes. 4. Drawings, special provisions, contract documents and amendments shall be signed by the Consultant and submitted to the City for official signatures. The Consultant shall meet with Public Works Department officials and pursue plan corrections until the plans are declared "construction- ready" by that department. 5. A detailed preliminary cost estimate shall be submitted as a part of Part III (Preliminary Engineering). The final cost estimate shall be updated following Part V (Final Engineering and Design) and submitted to the City for review. 6. The timeline required by Part III -1 must include at least the following mileposts: • Receive Notice to Proceed from the Project Manager; • Submit topographical survey of existing conditions to City Staff; • Submit proposed horizontal control plan and site plan to City Staff; • Submit 30% complete plans to City Staff; • Delivery of preliminary and /or final environmental review documents and permits; • Submit 90% complete plans, specifications and estimate to City Staff; and • Submit Final Plans, specifications, and Engineer's Estimate to the Project Manager for approval signatures. 7. The City encourages frequent informal reviews to keep City staff fully informed. 8. The Consultant shall diligently pursue completion of services. 9. The Consultant shall be responsible for the day -to -day communications with the City and the supervision of construction document preparation. 10. If selected for this Project, the Consultant shall be responsible for completing the specified services in accordance with the City's standard Professional Services Agreement ( "PSA") without revision. The PSA requires specific insurance coverage and indemnification language. We strongly suggest that respondents review the PSA (attached) before responding to this RFP. 11. Costs for reproduction during project development and for As -Built mylars shall be included in the Consultant's proposal. The City will reproduce the final drawings and specifications for distribution to prospective bidders. 12. This RFP does not commit the City of Newport Beach to pay costs incurred in the preparation of a proposal. Work shall not begin until a Professional Services Agreement is executed and the City has issued a Notice to Proceed. 13. All work shall be the property of the City, SCC and RWQCB. 14. Electronic files of all deliverables, analysis, calculations, figures etcetera shall be submitted to the City, SCC and RWQCB. 141 0 E. THE CITY'S RESPONSIBILITIES The City will: 0 Big Canyon Creek Restoration Project (Phase ll) RFP August 2005 Page 10 1. Provide reference drawings, survey records and easement information as are available and appurtenant to the project. 2. Provide street, utility, traffic, landscaping, and irrigation design criteria, hydraulic data and other technical information, as are available and appurtenant to the project. 3. Provide a person to be the Project Manager and the Consultant's primary point of contact with the City. 4. Provide the services of City staff to provide concept and technical information for use in the design of the improvements. 5. Waive all City plan check fees. 6. Provide reproduction of final plans and specifications for prospective bidders. F. CONSULTANT PRODUCTS Products from the Consultant will include, but not be limited to: All necessary environmental documents for project level review All permit - related documentation, and the required permits • Construction documents ready for all applicable permitting agencies The Consultant shall provide such products in hard copy as directed by the City and in electronic form to assist in public review of the documents. G. CONSULTANT QUALIFICATIONS The consultant team must demonstrate extensive experience in riparian and wetlands (fresh water and tidal) restoration from planning through design and construction, environmental review and documentation, water quality sampling and analysis, design and implementation of structural and non - structural treatment of urban runoff (dry and storm), permitting, and construction documentation. The consultant team must be able to demonstrate how they will work effectively to procure the necessary permits, which may include (but not be limited to) permits from: • The City's Public Works Department • California Department of Fish and Game • US Fish and Wildlife Service • National Marine Fisheries Service • US Army Corps of Engineers • California Coastal Commission • California Regional Water Quality Control Board, Santa Ana Region !e a 0 0 Big Canyon Creek Restoration Project (Phase it) RFP August 2005 Page 11 The consultant team must also clearly demonstrate the ability to work constructively with City staff, members of the public, area stakeholders, and resource agency representatives. The consultant team must propose one project manager as the lead project manager and primary point of contact for the City. The PM must have extensive experience in all aspects and phases of wetland restoration. The consultant team may include subordinate consultants and contractors from which the project manager will draw expertise in order to complete and execute the contract, provided that such subordinates are approved pursuant to Part III -2. The City must be notified of key team member changes in writing prior to commencement of work. The City has the ability to approve or deny changes in key team member assignments after City is notified of such changes. Non - approved changes in key personnel may be considered a contractual breach. H. REQUIRED PROPOSAL ELEMENTS 1. Cover letter. 2. Team Organization Chart with tasks and duties of each Team Member. Include names, addresses, phone numbers, and e-mail addresses of Team Members. 3. Intended Approach showing the Team's process to complete the Scope of Work. List all local, state, and federal approvals /permits the Team expects to be required of this Project. 4. Relevant Project Experience and References. Include names of projects, specific role of Team Members in the projects, and the approximate date that the work was done. For references, include contact name, firm name, phone number, and e-mail address. Projects done in Orange County or greater Southern California are of particular interest to the City. 5. Consultant Fees. Provide a preliminary estimate of the total direct and indirect costs to complete the Scope of Work. Include: • Staff hours and hourly rates, including benefit and overhead costs; • An estimate of all other direct costs, such as materials and reproduction costs; • An estimate of subconsultant services, itemized by task; and • An estimate of permitting fees (except for City fees, which are waived for this Project). Permitting fees are a part of the overall budget and must be allocated. The consultant will be responsible for allocating fees for all required permits. Consultant fees shall be submitted with the proposal in a separate, sealed envelope ( "sealed fees envelope "). In the event that the consultant is not selected, the City will return the sealed fees envelope to the proposer. 6. Proposed /Preliminary Timeline. Describe the Team's preliminary timeline for completing the Scope of Work. Given that grant funds will be used for this Project, the timeline should be relatively constricted. Please reflect proposed phasing and overlap of tasks. 7. Conflict of Interest/Financial Disclosure. Consultant Team must fully disclose any existing or planned work that may conflict with the Scope of Work. Consultant Team must agree that it will not perform services with any new client that would conflict with this Scope of o Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 12 Work. Consultant must agree to promptly notify the City in the event that any conflict occurs between consultant's new client(s) and the City when circumstances, known to the consultant, place the City and the consultant's new client(s) in adverse, hostile, or incompatible positions where the interests of the City may be impaired. 8. One individual sample of work that the Consultant (or Team) has produced for a comparable restoration project (pages may vary). The sample should demonstrate that the Consultant has successfully completed one or more projects similar to this one, including public communications /workshops, agency approvals, etc. 1. PROPOSAL SUBMITTAL PROPOSALS MUST BE SUBMITTED NO LATER THAN 4:00 P.M. ON THE DUE DATE OF THURSDAY, SEPTEMBER 15, 2005 IN THE OFFICE OF THE NEWPORT BEACH CITY CLERK AT THE BELOW ADDRESS. PROPOSALS WILL NOT BE ACCEPTED AFTER THE DEADLINE. THE 4:00 P.M. DEADLINE IS NON - NEGOTIABLE. Four copies of the complete written proposal (plus one single copy of the firm's previous work per Item #F8) should be submitted to: Mr. Dave Kiff Assistant City Manager ATTN: RFP FOR BIG CANYON CREEK RESTORATION PROJECT c/o City Clerk's Office 3300 Newport Boulevard Newport Beach, California 92663 Inquiries concerning this RFP should be presented in writing via e-mail (dkiff city.newport- beach.ca.us). This RFP does not commit the City to award a contract to or pay for any cost incurred by a respondent for any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, and to cancel in part or in whole this RFP. If any proprietary information is contained in any response to this RFP, it must be clearly defined. The City reserves the right to revise the RFP prior to the date the proposals are due. Revisions to the RFP will be mailed to all potential proposers and all holders of the RFP. The proposal shall be signed by an official shall also provide the following information contractually bind the proposal, and the questions regarding the proposal: Name Title Address authorized to bind the proposer. The proposal about the person designated to negotiate and person who may be contacted to respond to �J Telephone number E -mail address J. CONSULTANT SELECTION PROCESS E Big Canyon Creek Restoration Project (Phase !i) RFP August 2005 Page 13 The City will convene a selection panel from City staff, the State Coastal Conservancy, and the Regional Water Quality Control Board (other interested agencies may be asked to participate as well). The selection panel will short-list qualified firms for the Project. The selection panel will then invite qualified firms to interview for the proposed contract. The schedule for nomination, selection, and award shall be determined by the City at a future date. RFP and interview responses shall be evaluated with particular attention paid to the Team's: • Understanding of the Project, its required approvals, and the approval process; • Approach and Methodology, including: • Appropriate selection and phasing of assessment and design methods; • Appropriate level and phasing of coordination with City, Public, Agencies, and Technical Advisory Committee; • Appropriate project management including degree of involvement, coordination with staff, contractors, ... • Pertinent experience related to the requested services; • Professional skills and credentials of the staff and consultants to be assigned to the project, till completion, and proposed level of participation of principals and other team members; • Competence and track record of the firm /team's and individual members' with similar projects, including some in the Orange County and Southern California region. • Project manager's expertise and experience with all aspects and stages of restoration projects; • Ability to meet the Project schedule and complete the Scope of Work; • Ability to meet Equal Employment standards. Upon selection of the top - ranked firm, the City will open their sealed fees envelope and will enter into negotiations with the firm. The negotiations will cover the Scope of Work, contract schedule, contract terms and conditions, and budget. If the negotiating team is unable to reach an acceptable agreement with the selected firm, the negotiating team will terminate negotiations with them, open the second - ranked firm's sealed fees envelope and enter into negotiations with them. This selection process will continue until concluded by the City's Project Manager. K. EQUAL OPPORTUNITY REQUIREMENTS Consultant will comply with all applicable City ordinances, the City Charter, Tile VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086, the California Fair Employment and Housing Act (sections 12920- 12921) and any other applicable Federal or State laws and regulations hereinafter enacted. Consultant will not discriminate against Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 14 any employee or applicant for employment based on race, religion, color, ancestry, age, gender, sexual orientation, disability, medical condition, or place of birth. `i i • Big Canyon Creek Restoration Project (Phase II) RFP August 2005 Page 15 Exhibit A Project Location Aerial Photograph Vicinity Map — Big Canyon Creek Nature Park Pa�EST�`zf 4 D r,r l U rary Dra, All ,ice fAki ,�,_ �, 0_ f:'�, 7a k� %'1�, tarn �V¢tona Sla i_ o. 55 '•yo, "'"ti'f ° �. NDt'S° ��:,.� ♦ t- Oahu Ana Niryhfa .— c' wn I !' Osla i4Gasa ,L : n C+1Aw(�aJ/nna F' ` u6 NewpoR (Beach �-'' z _W COD - - nv � � 13 [ \7 � ECst r taaF� V1 -a. d i Aneffie lkenn i O "e cl.F. -. �yy f� � Z 2004 Lfa Quesl rnm lna. 0 2004 rltmrr Q 6?� • i� Big Canyon Creek Restoration Project (Phase 11) RFP August 2005 Page 16 Exhibit B HISTORIC TIDAL WETLANDS ALTERNATIVE 2ELO(,M- EAMEN f, C.?"WA'( GLP'6R TO HISTORIC, uMrf Of nDAI- ib:M N6E' AWAN ROAD Wral DAM r M0-1;5M * YlFRG4E - 0%RIAM KABWiT WATER QBA AP.`A IMPPAVEMENT IMPROVE WariAi _PP,ESEir�e IM.°ROVE 1Y,65N r OAPSH RIPARIAN AN FIAP�fKr AL6N4 LREEK 3�I =ter 1` Fc..Om 71DAL t 8�. WETVN95 ©F!FSSnns =rts v' +� • _i eqf 5R (GAt_ o` l= 9X�'LRT ro 3�I Wontract with WRC for Phase It of Big C,n Creek Restoration Project May Z 2006 Page 6 Exhibits C and D to RFP not included here. They are the City's standard PSA documents al