HomeMy WebLinkAboutC-3811 - PSA for the Buck Gully Erosion Control ProjectAMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING FOR
BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO fIVE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Agreement') is made and entered into as of the 230 day of October,
cc} 2012, by and between the CITY OF NEWPORT BEACH, a California municipal
7 corporation and charter city ( "City ") and RBF CONSULTING, a California corporation
( "Consultant "), whose address is 14725 Alton Parkway, Irvine, CA 92618, and is made
with reference to the following:
RECITALS
A. On October 11, 2005 (the "Effective Date "), City and Consultant City and
Consultant entered into a Professional Services Agreement ( "Agreement') for
consulting services for the Buck Gully Erosion Control Project ( "Project').
B. On March 4, 2009, City and Consultant entered into Amendment No. One to the
Agreement to increase the scope of work and increase the total compensation
( "Amendment No. One ").
C. On February 16, 2010, City and Consultant entered into Amendment No. Two to
the Agreement to extend the term of the Agreement, increase the scope of work
and increase the total compensation ( "Amendment No. Two').
D. On March 29, 2011, City and Consultant entered into Amendment No. Three to
the Agreement extend the term of the Agreement and update insurance
requirements ( "Amendment No. Three ").
E. On February 8, 2012, City and Consultant entered into Amendment No. Four to
the Agreement to increase the scope of work and increase the total
compensation ( "Amendment No. Four").
F. City desires to enter into this Amendment No. five to increase the scope of work,
extend the term of the Agreement to March 31, 2018, and increase the total
compensation ( "Amendment No. Five ").
G. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2018, unless terminated earlier as set forth herein.
RBF CONSULTING 1
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as previously amended, shall be supplemented to
include the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No.
Five shall collectively be known as "Exhibit A ". City may elect to delete certain tasks of
Exhibit A at its sole discretion.
3. COMPENSATION TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement, as previously
amended, shall be amended in its entirety and replaced with the following: 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 Summary of Fees contained in Exhibit B of
the Agreement, which is attached hereto 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
One Thousand Seven Hundred Seventy -Two Dollars and No /100 ($801,772.00)
without prior written authorization from City ( "Total Amended Compensation"). No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with this
Amendment No. Five in an amount not to exceed Eighty -Three Thousand
Seventy Dollars and No /100 ($83,070.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
RBF CONSULTING 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10/11111,
Aaron C.ar h
City Attorney
ATTEST:
Date: ) t- IT I2--
By:
Leilani I. Brown
City Clerk
L
10 -- ( 1
CITY OF NEWPORT BEACH,
a California mu icipal corporation
Date: �/?�
Bty':�
Nancy
Mayor
CONSULTANT: RBF CONSULTING,
a California corporation
Date: -,L / - -7 — ( 2-
S.
S. Robert Kallenbaugh
Chief Executive Officer
Date:Z-
By:
Do la ftp tri► ��� (✓,< a lyw .
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Summary of Fees
RBF CONSULTING 3
EXHIBIT A
SCOPE OF SERVICES
RBF CONSULTING 1
ExHfBIT A
SCOPE OF SERVICES
RBF Consulting (RBF) shall perform the following services in support of the subject project:
TASK 1: Mitigation InstailationlAs -Built Report
RBF shall prepare a technical letter after completion of the site preparation and planting, acknowledging
the completion of the installation phase of the mitigation and documenting its as -built status. The report
shall include a plan or map diagram showing the mitigation area and the final as -built locations of the
plantings. Photographs from representative vantage points shall also be included to document the as-
built conditions. Per the Coastal Development Permit (CDP) the Report shall include an analysis of the
attributes that will be monitored pursuant to the Restoration Program. The implementation report shall
be submitted to the regulatory agencies within thirty (30) days of implementation completion (i.e., after
planting is finalized and vector issues are addressed). It is our recommendation that the implementation
report be forwarded no later than November 1, 2012.
Deliverables: Mitigation InstallationlAs -Bilt Technical Letter {Internal Draft)
Mitigation InstallattanlAs -Built Technical Letter (Final, Provided to Regulatory
Agencies)
TASK 2: Mitigation Site Field Monitoring (Years 2013 -2017)
Oualitative monitoring: Starting in January 2013, RBF will conduct monthly qualitative monitoring of
the restoration site for six months. Thereafter, the restoration site will be inspected quarterly for the rest
of the five -year monitoring period per the approved Restoration and Monitoring Plan. RBF will maintain .
a written record of each site visit that can be provided to the City by request. Monitoring of the
restoration site will utilize a quantitative functional -based assessment to establish baseline conditions, set
success criteria, and assess restoration site progress. The California Rapid Assessment Method (CRAM)
will be utilized annually. Qualitative surveys will be performed by the Project biologist and will consist
of a general site walk. General observations, such as fitness and health of the planted species, pest
problems, weed establishment, mortality, and drought stress, will be noted in each site visit. RBF will
also note observations on wildlife use and native plant recruitment for the purpose of later discussion in
the annual reports. Records will be kept of mortality and other problems such as insect damage, weed
infestation, and soil loss. RBF will determine remedial measures necessary to facilitate compliance with
performance standards. All remedial measures undertaken will be referenced in the annual monitoring
report to the U.S. Army Corps of Bngincers (Corps), California Coastal Commission (CCC), California
Department of Fish and Game (CDFG) and Santa Ana Regional Water Quality Control Board
(RWQCB).
Ouantitatiye.monitoring: The first quantitative annual monitoring will occur in June 2013, following the
first growing season after installation, and every year thereafter for five years. During the quantitative
monitoring event, RBF will determine the percent - survival of the plantings and the vegetative cover of
native and non - native species on the site. If the survival and cover requirements have not been met, the
City is responsible for replacement plantings to achieve the requirements. Replacement plants shall be
monitored with the same survival and growth requirements for tip to five years. Monitoring will assess
the attainment of annual and final success criteria and identify the need to implement contingency
measures in the event of not meeting success criteria. The site will be compared to the restoration
performance standards defined in the Restoration and Monitoring Plan and in Table 1, below.
Quantitative monitoring for percent- survival will be conducted through an annual census of all container
stock installed. The number of missing, dead andlor declining plant stock will be recorded for each plant
species installed within the restoration site. The percentage of surviving container stock will then be
calculated. Transects (total of ten transects) will be used to measure plant species coverage, species
diversity, and structural diversity (plant strata). Each transect location is randomly located the twat year,
and permanently marked for use in subsequent years. The number of plant zones and evidence of
hydrological activity will be visually estimated. Photo - documentation will be conducted from permanent
photo - stations established prior to or dining the first annual monitoring event. Photos will be taken
during each ionitoring visit and from the same vantage point and in the same direction every year.
Table I. Restoration Performance Standards
.t,r
PerceNrtsurvival6y
Sucies.
1'ercentCoverhy
Natives ecies
PeicentCover'ty
Non-Native.Sjaedes
Pei•centSaro
Ground
1
80%
NA
NA
<50%
2
100%
NA
NA
<25%
3
1000%
75%
NA
< 15%
4
100%
75010
NA
< 15010
5
100%
90010
Performance criteria used to evaluate success of the restoration site includes percent survival and percent
cover. Additionally (per the CDP), the restoration will be considered successful if overall species
composition and the vegetative cover of the dominant perennial species are similar to relatively
undisturbed vegetation of the same type in nearby reference areas. The Corps' "50120" rule shall be used
to determine dominance. Species composition shall be considered similar if all the dominant species and
at least 80% of the non - dominant species at the reference site are present at the restored site. The
vegetative cover of dominant species at the restoration and reference sites will be compared with an
appropriate statistical test. Random sampling of the restoration and reference sites will be done with
sufficient replication to detect a 10% absolute difference in cover with 90010 power with alpha = 0.10.
The cover of dominant species will be considered similar if there is no statistical difference (P >O.i 0) in
the average cover of each dominant species between the two sites; or, if there is a statistically significant
difference, it is no greater than 10% absolute cover. An estimate of the sample variance will be provided,
and a statistical power analysis will be conducted to estimate of the necessary number of samples to meet
the requirements specified above.
Deliverables: Site photos, GPS Points and Field Notes on CD
TASK 3: Report Preparation and Annual Submittals
RBF will prepare and submit annual reports that summarize site conditions to the resource agencies at the
end of each year following initial implementation. Monitoring reports will be submitted following the
annual spring- smnmer survey. The spring- surmner survey must occur during optimal growing conditions
between March and August, and the reports will be submitted no later than December 31. For example,
the first monitoring report will be submitted no later than December 31, 2011 This task assuines up to
five (5) annual reports. Reports for additional years, if needed, can be provided upon the approval of a
contract augmentation. As specified in the Restoration and Monitoring plan and regulatory approvals,
monitoring reports shall include, but are not limited to, the following:
• Title pages identifying the regulatory agency permit numbers and the period for which the
monitoring report is applicable;
• A list of names, titles, qualifications, and companies of all persons who prepared the content of
the annual report and participated in monitoring activities;
• Date of initiation of restoration installation and date restoration installation was completed;
• Restoration as- builts, including topography maps and planting locations;
• Complied data, summary statistics, and graphs;
• Survival, percent cover, and height of both tree and shrub species;
• Number of species of plants replaced; .
• Method used to assess these parameters;
• Topographic complexity characteristics at the restoration site;
• Upstream and downstream habitat and hydrologic connectivity;
• Source of hydrology;
• Width of native vegetation buffer around the entire restoration site;
• Qualitative and quantitative comparisons of current restoration conditions with pre - construction
conditions and previous restoration monitoring results;
• Stream photo - documentation (taken from same advantage point as baseline photographs and
including GPS coordinates for each photo), including all areas of permanent and temporary
impact, prior to and after project construction, and restoration areas, including all areas of
permanent and temporary impact, prior to and after construction;
• Maps identifying monitoring areas, transect locations, and planting zones;
• A Survey report documenting boundaries of restoration area, including Geographic Information
System (GIS) shape files (polygons) of the impact and restoration areas (two GPS reading points
must be taken on each line of the polygon and the polygon must have a minimum of 10 points).
GIS mctatdata must be submitted; and,
• Detailed remedial maintenance to be performed.
• Overall Performance Evaluation
Each report shall include copies of all previous reports on CD. The report will be submitted to the
regulatory agencies after review and approval by the City.
Deliverables: Annual Mitigation Monitoring Report (Draft)
Annual Mitigation Monitoring Report (Final, Provided to Regulatory Agencies)
TASK A: Post - Construction Support and Coordination
This task includes meetings, e-mail, and telephone communication with the City and restoration
contractor, as needed. This task also includes communication and coordination time with the Vector
Control District. Up to five (5) meetings (on -site or at the City) are included with this task.
This task includes general and continued post- conshuction support. Such tasks may include adjustments
to as -built drawings, permit amendments or coordination with the City as needed. Specific support may
include coordination and design related to tine gabion structures, subsurface flow wetlands, channel
streambcd, or bend -wey weirs. This task is a budget amount. Should additional time /budget be required,
services would continue upon an approved contract augmentation.
Other Direct Costs (Non- Labor)
Other Direct Costs for this proposal include reproduction expenses, field supplies and messenger /mailing
services.
EXHIBIT B
SUMMARY OF FEES
i.BF CONSULTING
SUMMARY OF FEES
Consultant shall be compensated for the Scope of Services described herein, as follows:
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)$�,rr av \V.1,t ,.,4: %MV.: ..`;'kcw�klSlY%Y��{TWY u�tr"VC rk5n k246,',';?)r✓3�3..11;�901h����. A�'•i�76 AS.j�hr� �Si1 %a�� nlig�wl lNiv�'r ,X.:%F�uvl+rrS
) Mitigation IrrstababordAs- Built Report 4
32 16 2
54 $6,250
) Miggation Site Field MoniWring 92
200 20 S
260 $30,320
Report Preparation and Annual Submittals 24
120 20 8
t72 $20,400
Post construction Support/Coordination 22 50
16 16 50
164 $25,100
MERDIREaCs T\C31 Ow S T��S�yy
$11000
tDU
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uYI #rA
+�dt,k,S`{?1ix,3 v2'-`.4 \`.1Ye��Rel,.r alNSy'YSYV 41�i3” �w` °i}At,iiN$a:�,t,�.M.'S.;t..5+k,
\rt I t hl T7 66 5
at'=.iY+:kM%'hlJ .
rkrbeatiSJ70te1 LSNbf YR} 1414. F.>$ i' ilxSitl `tat\.n \w�,'Y4iR"iU.l�'aC:.w�P fiU;.fi'�vi�A'Pn.v.1Si\u!vrit`+tV
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et,VIA$Dtt
Billing — Client shall be billed on a monthly basis.
Billing based on the matrix above, not to exceed
services be required, the client shall be contacted
contract augmentation.
This scope of work is based on Time and Materials
$83,070. Should additional budget, or additional
and work would continue upon a client - approved
Exclusions — Any work relating to the following items are specifically excluded from the services
described herein.
1. Soils Engineering and geotechnical report
2. Aerial topography or photography
3. Utility relocation plans
4. Legal descriptions and exhibits
5. Application Fees
6. ConceptuaVFinal Mitigation Plan
7. Entitlement Services
8. Hazardous Wastes
9, New Regulatory Applications
10. Landscape Design
11. Implementation (planting)
Addilionol Serpices — Although not required at this time, such Additional Services to he required. Client
may request that RBF perform services, which are Additional Services; however, RBF is not obligated to
perform such Additional Services unless an amendment to the Agreement has been filly executed setting
forth the scope, schedule and fee for such Additional Services. In the event RBF performs Additional
Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such
services at RBF's standard rates, within 30 days of receipt of RBF's invoice.
Client Responsibilities - Consultant's obligations hereunder are based upon understanding:
Client shall provide site access
Agenda Item No. 9
October 23, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Public Works Director /City Engineer !
949 -644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Robert Stein, rstein @newportbeachca.gov
APPROVED:
TITLE: Approval of Amendment No. 5 to the Professional Services
Agreement with RBF Consulting for the Buck Gully Restoration
Project Landscaping Monitoring
ABSTRACT:
A requirement of the Coastal Development Permit issued for this project entails
monitoring of the site for five years to document that the native plants are thriving and
exotic plants are removed. Under this contract amendment, RBF Consulting (RBF) will
perform the required monitoring and reporting services.
Approve Amendment No. 5 to the Professional Services Agreement with RBF of Irvine,
California at a cost not to exceed $83,070.00, extend the term of the agreement to
March 31, 2018, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The Buck Gully Restoration project was recently completed and unspent contingency
funds are proposed to be used to perform required environmental reporting. Sufficient
monies are available in Project Account No. 7014- C5002002 to fund the contract
amendment.
DISCUSSION:
Under the terms of the California Development Permit for the Buck Gully Erosion
Control Project, the City must monitor the restoration landscaping and report if the
plants are healthy and the restored area has proper coverage of the plant material.
Approval of Amendment No 5 to the Professional Services Agreement with RBF Consulting for
the Buck Gully Restoration Project Landscaping Monitoring
October 23, 2012
Page 2
RBF's biologist will inspect and catalog the plant materials in the restoration area and
prepare an annual report per Permit requirements. Under this contract amendment,
RBF will, as needed, provide City staff with post- construction advice and services, e.g.,
recommend native plant materials to better mask the rock structures.
ENVIRONMENTAL REVIEW:
Staff recommends that the City Council find that this action is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c), (2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) 15060(c), and (3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
David Webb
Public Works Director /City Engineer
Attachments: A. Amendment No. 5 to Professional Services Agreement
B. Location Map
AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING FOR
BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO FIVE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Agreement ") is made and entered into as of the day of October,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and RBF CONSULTING, a California corporation
( "Consultant "), whose address is 14725 Alton Parkway, Irvine, CA 92618, and is made
with reference to the following:
RECITALS
A. On October 11, 2005 (the "Effective Date "), City and Consultant City and
Consultant entered into a Professional Services Agreement ( "Agreement ") for
consulting services for the Buck Gully Erosion Control Project ( "Project ").
B. On March 4, 2009, City and Consultant entered into Amendment No. One to the
Agreement to increase the scope of work and increase the total compensation
( "Amendment No. One ").
C. On February 16, 2010, City and Consultant entered into Amendment No. Two to
the Agreement to extend the term of the Agreement, increase the scope of work
and increase the total compensation ( "Amendment No. Two ").
D. On March 29, 2011, City and Consultant entered into Amendment No. Three to
the Agreement extend the term of the Agreement and update insurance
requirements ( "Amendment No. Three ").
E. On February 8, 2012, City and Consultant entered into Amendment No. Four to
the Agreement to increase the scope of work and Increase the total
compensation ( "Amendment No. Four).
F. City desires to enter into this Amendment No. Five to increase the scope of work,
extend the term of the Agreement to March 31, 2018, and increase the total
compensation ( "Amendment No. Five ").
G, City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2018, unless terminated earlier as set forth herein.
RBF CONSULTING 1
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, as previously amended, shall be supplemented to
include the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No.
Five shall collectively be known as "Exhibit A ". City may elect to delete certain tasks of
Exhibit A at its sole discretion.
3. COMPENSATION TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement, as previously
amended, shall be amended in its entirety and replaced with the following: 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 Summary of Fees contained in Exhibit B of
the Agreement, which is attached hereto 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
One Thousand Seven Hundred Seventy -Two Dollars and No /100 ($601,772.00)
without prior written authorization from City ( "Total Amended Compensation "). No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with this
Amendment No. Five in an amount not to exceed Eighty -Three Thousand
Seventy Dollars and No /100 ($83,070.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
RBF CONSULTING 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
r)nfo- 10/ 111, -Z'
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:^ � " C 1_ By:
Aaron Har IVl b 1 0 _ { } Nancy Gardner
City Attorney Mayor
ATTEST: CONSULTANT: RBF CONSULTING,
Date: a California corporation
By: By.
Leiiani 1. Brown S. Robert Kallenbaugh
City Clerk Chief Executive Officer
By:
Douglas J. Frost
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Summary of Fees
RBF CONSULTING 3
EXHIBIT A
SCOPE OF SERVICES
RBF CONSULTING 1
Exnmrr A
SCOPE, OF SERVICES
RBF Consulting (RBF) shall perform the following services in support of the subject project:
TASK 1: Mitigation Installation/As-Built Report
RBF shall prepare a technical letter after completion of the site preparation and planting, acknowledging
the completion of the installation phase of the mitigation and documenting its as -built status. The report
shall include a plan or map diagram showing the mitigation area and the final as -built locations of the
plantings. Photographs from representative vantage points shall also be included to document the as-
built conditions. Per the Coastal Development Permit (CDP) the Report shall include an analysis of the
attributes that will be monitored pursuant to the Restoration Program. The implementation report shall
be submitted to the regulatory agencies within thirty (30) days of implementation completion (Le., after
planting is finalized and vector issues are addressed). It is our recommendation that the implementation
report be forwarded no later than November 1, 2012,
Deliverables: Mitigation liistailaiionl4s- Bttilt Technical Letter• )'Irternal Draft)
Mitigation lnstallation/As Dullf Technical Letter (Final, Provided to Regulataty
Agencies)
TASK 2: Mitigation Site Field Monitoring (Years 2013 -2017)
ualitative ronitoring; Starting in January 2013, RBF will conduct monthly qualitative monitoring of
the restoration site for six months. Thereafter, the restoration site will be inspected quarterly for the rest
of the five -year monitoring period per the approved Restoration and Monitoring Plan. RBF will maintain
a written record of each site visit that can be provided to the City by request. Monitoring of the
restoration site will utilize a quantitative functional -based assessment to establish baseline conditions, set
success criteria, and assess restoration site progress, The California Rapid Assessment Method (CRAM)
will be utilized annually. Qualitative surveys will be performed by the Project biologist and will consist
of a general site -walk. General observations, such as fitness and health of the planted species, pest
problems, weed establishment, mortality, and drought stress, will be noted in each site visit. RBF will
also note observations on wildlife use and native plant recruitment for the purpose of later discussion in
the annual reports. Records will be kept of mortality and other problems such as insect damage, weed
infestation, and soil loss. RBF will determine remedial measures necessary to facilitate compliance with
performance standards. All remedial measures undertaken will be referenced in the annual monitoring
report to the U.S. Army Corps of .Engineers (Corps), California Coastal Commission (CCC), California
Department of Fish and Game (CDFG) and Santa Ana Regional Water Quality Control Board
(RWQCB).
uantitatim monitoring: The first quantitative annual monitoring will occur in June 2013, following the
first growing season after installation, and every year thereafter for five years, During the quantitative
monitoring event, RBF will determine the porcent- survival of the plantings and the vegetative cover of
native and non - native species on the site. If the survival and cover requirements have not been met, the
City is responsible for replacement plantings to achieve the requirements. Replacement plants shall be
monitored with the same survival and growth requirements for tip to five years. Monitoring will assess
the attainment of annual and final success criteria and identify the need to implement contingency
measures in the event of not meeting success criteria. The site will be compared to the restoration
performance standards defined in the Restoration and Monitoring Plan and in Table 1, below.
Quantitative monitoring for percent - survival will be conducted through an annual census of all container
stook installed. The number of missing, dead and /or declining plant stock will be recorded for each plant
species installed within the restoration site. The percentage of surviving container stock will then be
calculated. Transects (total of ten transccts) will be used to measure plant species coverage, species
diversity, and structural diversity (plant strata). Each transect location is randomly located the fist year,
and permanently marked for use in subsequent years. The number of plant zones and evidence of
hydrological activity will be visually estimated. Photo - documentation will be conducted from permanent
photo - stations established prior to or during fhe first annual monitoring event. Photos will be taken
during each monitoring visit and from the same vantage point and in the same direction every year.
Table 1. Restoration Performance Standards
Year,
Perca
s eeies °s
by
NaflveS;pecies
1'ercent.Gaver by
Non- Nativc;;firecies.
Percent Bare
;Ground '
S
80%
NA
NA
<50 °1a
2
100%
NA
NA
<25%
3
100%
75%
NA
< 150A
4
100%
75%
NA
< 15%
5
100%
90%
<5%
<15%
Performance criteria used to evaluate success of the restoration site includes percent survival and percent
cover. Additionally (per the CDP), the restoration will be considered successful if overall species
composition and the vegetative cover of the dominant perennial species are similar to relatively
undisturbed vegetation of the same type in nearby reference areas. The Corps' "50/20" rule shall be used
to determine dominance. Species composition shall be considered similar if all the dominant species and
at least 80% of the non - dominant species at the reference site are present at the restored site. The
vegetative cover of dominant species at the restoration and reference sites will be compared with an
appropriate statistical test. Random sampling of the restoration and reference sites will be done with
sufficient replication to detect a 10% absolute difference in cover with 90% power with alpha = 0.10,
The cover of dominant species will be considered similar if there is no statistical difference (P >0.10) in
the average cover of each dominant species between the two sites; or, if there is a statistically significant
difference, it is no greater than 10% absolute cover. An estimate of the sample variance will be provided,
and a statistical power analysis will be conducted to estimate of the necessary number of samples to meet
the requirements specified above.
Deliverables: Site photos ,GPS Points ondFieldifatesonCD
TASK 3: Report Preparation and Annual Submittals
RBF will prepare and submit annual reports that summarize site conditions to the resource agencies at the
end of each year following initial implementation. Monitoring reports will be submitted following the
annual spring - summer survey. The spring - summer survey must occur during optimal growing conditions
between March and August, and the reports will be submitted no later than December 31. For example,
the fust monitoring report will be submitted no later than December 31, 2011 This task assumes tip to
five (5) annual reports. Reports for additional years, if needed, can be provided upon the approval of a
contract augmentation. As specified in the Restoration and Monitoring Plan and regulatory approvals,
monitoring reports shall include, but are not limited to, the following:
• Title pages identifying the regulatory agency permit numbers and the period for which the
monitoring repot is applicable;
• A list of names, titles, qualifications, and companies of all persons who prepared the content of
Clio annual report and participated in monitoring activities;
• Date of initiation of restoration installation and date restoration installation was completed;
• Restoration as- builts, including topography maps and planting locations;
• Complied data, summary statistics, and graphs;
• Survival, percent cover, and height of both tree and shrub species;
• Number of species of plants replaced; .
• Method used to assess these parameters,
• Topographic complexity characteristics at the restoration site;
• Upstream and downstream habitat and hydrologic connectivity,
• Source of hydrology;
• Width of native vegetation buffer around the entire restoration site;
• Qualitative and quantitative comparisons of current restoration conditions with pre - construction
conditions and previous restoration monitoring results;
• Stream photo -doon mentation (taken from same advantage point as baseline photographs and
including GPS coordinates for each photo), including all areas of permanent and temporary
impact, prior to and after project construction, and restoration areas, including all areas of
permanent and temporary impact, prior to and after construction;
• Maps identifying monitoring areas, trausect locations, and planting zones;
• A Survey report documenting boundaries of restoration area, including Geographic Information
System (GIS) shape files (polygons) of the impact and restoration areas (two GPS reading points
must be taken on each line of the polygon and the polygon must have a minimum of 10 points).
GIS metatdata must be submitted; and,
• Detailed remedial maintenance to be performed.
• Overall Performance Evaluation
Each report shall include copies of all previous reports on CD. The report will be submitted to the
regulatory agencies after review and approval by the City.
Deliverables: AniivalMi ligationMwaitorlrrgRepoi -t (Draft)
Artruial Miligalioia MoiiitoringReporl (Final, Provided to RegttlaloiyAgencies)
TASK & Post - Construction Support and Coordination
This task includes meetings, e-mail, and telephone communication with the City and restoration
contractor, as needed. This task also includes communication and coordination three with the Vector
Control District. Up to five (S) meetings (on -site or at the City) are included with this task.
This task includes general and continued post - construction support. Such tasks may include adjustments
to as -built drawings, permit amendments or coordination with the City as needed. Specific support may
include coordination and design related to the gabion structures, subsurface flow wetlands, channel
streambed, or bend -wey weirs. This task is a budget amount. Should additional time /budget be required,
services would continue upon an approved contract augmentation.
Other Direct Costs (Non - Labor)
Other Direct Costs for this proposal include reproduction expenses, field supplies and messenger/mailing
services.
EXHIBIT B
SUMMARY OF FEES
RBF CONSULTING
SUMMARY OF FEES
Consultant shall be compensated for the Scope of Services described herein, as follows:
.
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1
41 1 32 16 2 $4
$6,250
Mitigation Site Field Monilofing
32 200 20 8 260
$3l 20
) Report Preparallon and Annual Submittals
24 120 20 8 172
$20,400
3 Post Construction Support /Coordination
22
so 16 161 s0 154
$25,100
FR ER DIRECT COSTS
$1,000
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Billing — Client shall be billed on a monthly basis. This scope of wmic is based on Time and Materials
Billing based on the matrix above, not to exceed $83,070. Should additional budges, or additional
services be required, the client shall be contacted and work would continue upon a client- approved
contract augmentation.
Excursions — Any work relating to the following items are specifically excluded from the services
described herein.
1. Soils Engineering and geotechnical repot
2. Aerial topography or photography
3. Utility relocation plans
4. Legal descriptions and exhibits
5. Application Fees
6. Conceptual/Final Mitigation Plan
7. Entitlement Services
8. Hazardous Wastes
9. New Regulatory Applications
10. Landscape Design
11. Implementation (planting)
Additional Services — Although not required at this time, such Additional Services to be required. Client
may request that RBF perform services, which are Additional Services; however, RBF is not obligated to
perform such Additional Services unless an amendment to the Agreement has been fully executed setting
forth the scope, schedule and fee for such Additional Services. In the event RBF performs Additional
Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such
services at RBF's standard rates, within 30 days of receipt of RBF's invoice.
Glent Reslionsibilitles - Consultant's obligations hereunder are based upon understanding:
1. Client shall provide site access
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AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO. FOUR TO PROFES�,S�ONAL SE I S A EEMENT
( "Amendment No. Four"), is entered into as of this day of f FWA 2012,
by and between the CITY OF NEWPORT BEACH, a California Municipal torporation
( "City "), and RBF CONSULTING a California Corporation whose address is 14725 Alton
Parkway, Irvine, California 92618 ( "Consultant'), and is made with reference to the
following:
RECITALS:
A. On October 11, 2005, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for professional consulting services for the Buck Gully
Erosion Control Project ( "Project').
B. On March 4, 2009, City and Consultant entered into Amendment No. One to the
Agreement to extend the term of the Agreement, increase the scope of work, and
increase the total compensation ( "Amendment No. One ").
C. On February 16, 2010, City and Consultant entered into Amendment No. Two to
the Agreement to extend the term of the Agreement, increase the scope of work,
and increase the total compensation ( "Amendment No. Two').
D. On March 29, 2011, City and Consultant entered into Amendment No. Three to
the Agreement to extend the term of the Agreement to August 31, 2012 and
update insurance requirements ( "Amendment No. Three ").
E. City desires to enter into this Amendment No. Four to increase the total
compensation .
F. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
attached hereto as Exhibit Wand incorporated herein by reference. The City may elect
to delete certain tasks of the Scope of Services at its sole discretion.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to- exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates attached to the Agreement and
supplemented by Exhibit 'B' attached hereto and incorporated herein by reference.
Consultant's total amended compensation for all work performed in accordance with this
Agreement and all prior amendments, including all reimbursable items and
subconsultant fees, shall not exceed Five Hundred Eighteen, Seven Hundred Two
Dollars and no /100 ($518,702.00) without prior written authorization from City ( "Total
Amended Compensation "). No billing rate changes shall be made during the term of
this Agreement without the prior written approval of the City.
1.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Four, including all reimbursable items and
subconsultant fees, in an amount not to exceed Nine Thousand, Five
Hundred Dollars and no /100 ($9,500.00, without prior written authorization
from City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
RBF CONSULTING Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Four on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE A California municipal corporation
Date: /lz Date:
By: Tai I By: e�� —JZ� iL_n
Aa n C.`H V� David AKiff v I
City Attorney 11K City Manager
ATTEST: qq CONSULTANT: RBF CONSULTING, a
Date: California Corporation
Date: Q/ - Z� 3�— !Z- %� / /✓/�
By:
By:
Leilani I. brown
City Clerk
S. Robert Kallenbaugh
Chief Executive Officer
i •23.IJ-
By:z:',�
Doug Fro V
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit "A" - Scope of Services
Exhibit "B" - Compensation
RBF CONSULTING Page 3
EXHIBIT A
of Newoort Beach
EXHIBIT "A"
SCOPE OF SERVICES
ADDITIONAL ENGINEERING AND SUPPORT DURING CONSTRUCTION
BUCK GULLY RESTORATION PROJECT
December 22, 2011
The City of Newport Beach (Client) and RBF Consulting (Consultant) for mutual consideration
hereinafter set forth, and agree as follows:
A. SERVICES: Consultant agrees to perform the following services:
TASK 1 ADDITIONAL ENGINEERING AND CONSTRUCTION SUPPORT SERVICES
Consultant shall provide additional engineering support for revisions during construction,
regulatory permit assistance, and review of Contractor's submittals, shop drawings, and
construction layouts as required and observe the work in progress. Consultant shall respond to
Request for Information's (RFIs) submitted through the Owner's Construction Manager and
provide written response to Owner as appropriate. When requested by Owners, the engineering
project manager will share interpretations, opinions, and possible solutions to field issues and
coordinate additional services required. Upon request by Owner's Construction Manager,
Consultant will review and respond to change order requests submitted by the Contractor and
prepare estimates of quantities and cost supporting the change. A budget amount of 64 hours
has been allocated for this task.
Buck Gully Restoration Project — Additional Support during Construction Page 2
City of Newport Beach
EXHIBIT "B"
COMPENSATION
ADDITIONAL ENGINEERING AND SUPPORT DURING CONSTRUCTION
BUCK GULLY RESTORATION PROJECT
December 22, 2011
Consultant agrees to perform the Scope of Additional Services as described in Exhibit "A ". Client
agrees to compensate Consultant for such services as follows:
TASK
FEE
1
Additional Engineering and Construction Support Services
$9,500
Total Professional Fee
$9,500
Estimated Reimbursable and Delivery Costs
$0
GRAND TOTAL
$9,500
Progress billings will be sent to Client on a Monthly Basis for the time and materials spent
performing the work, in accordance with the attached Hourly Rate Schedule, not to exceed the
Total Professional Fee authorized plus reimbursables for the direct cost of printing, deliveries,
fees, etc. advanced by Client.
Buck Gully Restoration Project — Additional Support during Construction Page 3
HOURLY RATE SCHEDULE
Effective January 2010 through August 2012
OFFICE PERSONNEL
$/ Hr.
1'Per*on Survey Crew ...................................... ...........................
... --........................... i55.0O
LicensedSurveyor ..............................................................................................................
175.00
Pn�ectNreo\oc---�---.--------.----------------.--.—,215.O8
72.U0
Senior Project Manager .--.—. ......... .............. .......................
— ........................ ...... 2O0.0V
ProjectManager ........... ..................................................... --.....
—.............................. 195{)C)
Structural Engineer .................................. ........................... -----
......................... ...... 195O0
Technical Manager --.-- ... — .................... ...............................................................
18010
Senior Engineer .---------------- ................... ........................
.................. 1V3,00
SeniorPlanner .................................................... ................ — ............................................
103.0O
ElectricalEngineer .......... .................................................... — .......
— ................................ 50.00
LandscapeArchitect .................................... — ...............................
...................... ............... 150.0V
SeniorG|S Analyst .......................................... .............................
--................................. 50.O0
Project Engineer .--------------------------
................................. 140.00
ProjectPlanner .----.,------- ......... ..............................................................
14VV0
Environmental Specialist .......... ...........................................................................................
30.00
Design Engineer/Senior Designer/Mapper ............................................
—................................. 135{0
G|0 Analyst ........................................................................................................................
122.V0
Designer/Planner ............... .................. ..............................................................................
110,00
ProjectCoordinator --.— ................................................................................................
1i0.00
GraphicArtist ........................................................................................................................
87.00
Environmental Analyst/Staff Planner ................................ .........................................................
9700
DesignTechnician .....................................................................
........................................... OT00
Aodota^EnAioeex9|ann*s----------------------------------0S.0O
PermitProcessor ......... .............................................. .... ...........
................................ 83.0O
Engineering Aid/Planning Aid .................................... .....................................................
........ 75.0O
OfficeSupport/ Clerical ........................................ ........... ....................................................
0.00
FIELD PERSONNEL
2'Po/soo Survey Crew ........................................... ...........................................................
*24580
1'Per*on Survey Crew ...................................... ...........................
... --........................... i55.0O
LicensedSurveyor ..............................................................................................................
175.00
FieldSupervisor ................................................................................................................
72.U0
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager .---------------------
.................................. .... $105.O0
Resident Engineer/Project Manager ........................................ ...........................................
.... 154.O0
Senior Construction Inspector ................................................................................................
12800
ConstructionInspector ....................................................................
... ................................ 10.U0
FieldOffice Engineer ..........................................................................
................................. 110.00
Construction Technician .............................................................................................
........... S5.0O
Note,
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub-consultant Management
Fee m fifteen-percent (mn) will be added u the direct cost o/ all sub-consultant services m provide for the cost * administration, sub-consultant
consultation and insurance. Vehicle mileage will be charged as an additional cost at 0.60 per mile.
G 3
�O AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEt ^ MEJVT ( "Amendment No. Three "), is entered into as of this � &�ay of
iG� 2L 12011, by and between the CITY OF NEWPORT BEACH, a California
Municipal Corporation ( "City "), and RBF CONSULTING, a California Corporation
whose address is 14725 Alton Parkway, Irvine, California 92618 ( "Consultant'), and is
made with reference to the following:
RECITALS:
A. On October 11, 2005, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for professional consulting.., services for the Buck Gully
Erosion Control Project ( "Project').
B. On March 4, 2009, City and Consultant entered into °Amendment No. One to the
Agreement to extend the term of the Agreement, increase the scope of work and
increase the total compensation ( "Amendment No. One ").
C. On February 16, 2010, City and Consultant entered into Amendment No. Two to
the Agreement to extend the term of the Agreement, increase the scope of work
and increase the total compensation.
D. City desires to enter into this Amendment No. Three to extend the term of the
Agreement to August 31, 2012, and update insurance requirements.
E. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, as amended shall be amended in its entirety and replaced
with the following: The term of the Agreement shall terminate on August 31, 2012,
unless terminated earlier as provided for in Agreement.
2. HOLD HARMLESS
Section 9 of the Agreement, as amended shall be amended in its entirety and replaced
with the following: To the fullest extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, its City Council, boards and commissions, officers,
agents, volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any
manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
3. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: 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, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
4. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
5. INTEPRETATION
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.
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement and all prior amendments shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
Three on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE. F T E CITY ATTORNEY A California m4nicipal corporation
Date: / Date: Z�
Assistant City Attorney
ATTES 30 /�
Date:
Director
CONSULTANT: RBF
California Corporation
Date: 3-11-ZOO
V: By:
h .Lei a .'.I. Brown S. Robert Kallenbaugh
City Clerk Chief Executive Officer
Date: Z 7 I 2n U
a
�E
u By:
Doug Fros'
Chief Financial Officer
CONSULTING, a
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR
BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO. TWO TO,�ROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of �T�r1 , 2010, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF CONSULTING, a
California Corporation whose address is 14725 Alton Parkway, Irvine, California 92618
( "CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On October 11, 2005, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for professional
consulting services for the Buck Gully Erosion Control Project, hereinafter referred
to as "PROJECT."
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT. the latest dated March 4. 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT, to extend the term of the
AGREEMENT to May 31, 2011, and to increase the total compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to May 31, 2011.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. TWO including, but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit 1 and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Five
Hundred Nine Thousand, Two Hundred Two Dollars and no/100
($509,202.00) without prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. TWO, including all reimbursable items and
subconsultant fees, in an amount not to exceed Sixty Eight Thousand Five
Hundred Fifty Dollars and no/100 ($68,550.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yne e au amp,
Assistant C*Adorney
ATTEST:
•
'ity Clerk
bEP0ry
cC��
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: &- l
Da d A. Kiff,
City Manager
RBF CONSULTING:
B
Y: ��E
S. Robert Kallenbaugh,
Chief Executive Officer
B
Dorinancial
ChiOfficer
Attachment: Exhibit 1 — Additional Services to be Performed
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EXHIBIT 1
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CONSULTING
January 6, 2010 JN 10- 104465
W. Iris Lee
City of Newport Beach
3300 Newport Beach Boulevard
Newport Beach, CA 92663
Subject: Buds Gully Additional Work Request
Dear Iris:
RBF Consulting (RBF) is pleased to provide this Addendum for our Supplemental Professional
Services for the Buck Gully Project. The services described in this addendum include the
revisions to the plans, specifications, and estimates to remove the bendway weirs from the
project improvements, and to relocate the 3 gabion grade control structures to remove them from
the properties at 248 and 250 Hazel Drive. The work also includes the design and plan
preparation for the installation of a temporary irrigation system for the establishment of the
proposed planting plan. The addendum covers the additional cost for the subsurface wetlands
final design and plan preparation that was not included in the original contract.
Construction support services are also included the in the proposed addendum, and include the
following:
• Pre-construction and Field Meeting
• Field Support Services
• Field Monitoring Services
• Record Drawings
Attached are Exhibits "A" and 'B" that define the additional services and the fees associated with
these tasks. We appreciate the opportunity for our continued involvement in the development of
this project. Should you have any questions, please do not hesitate to contact me by phone at
949 -855 -5759, or by email at jmccarthy(drbf.com.
Sincerely,
W.
John McCarthy, PE, CFM
Vice President
Stormwater Management
Attachments: Exhibit -A'— Scope of Additional Services
Exhibit "B° - Compensation
PLANNING ■ DESIGN ■ CONSTRUCTION
14725 Alton Parkway. Irmne, CA 92818 -2027 • P O Bok 57057. Irvine. CA 8281 &7057 • 949 472.3505 • FAX 949.4172.8373
Olrk•e totaled throughout California. Arizona & Newda • w RBF corn
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City of Newport Beach
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EXHIBIT "A"
SCOPE OF ADDITIONAL SERVICES
BUCK GULLY EROSION CONTROL PROJECT
January 6, 2010
The City of Newport Beach (Client) and RBF Consulting (Consultant) for mutual consideration
hereinafter set forth, and agree as follows:
A. SERVICES: Consultant agrees to perform the following services:
PROJECT DESIGN CHANGES
TASK 1 MODIFICATION TO PLANS, SPECIFICATIONS AND ESTIMATES
This task includes the modifications of the existing plans, specifications, and estimates for the
project to eliminate the bendway weirs from the proposed improvements. The bendway weirs
and grading generally located between stations 21 +20 to 22 +97 will be removed from the plans.
The specifications shall be revised to eliminate the bid items and associated callouts for these
facilities. An updated cost estimate will be prepared for the revised project.
This task shall also include the modifications to the 3 gabion grade control structures to remove
the upper structure from the property limits on 248 and 250 Hazel Drive. All 3 structures will be
relocated to maintain adequate spacing between the structures. A preliminary plan of the
relocated structures will be provide to the City for review prior to the completion of the final plan
revisions. This task shall include the changes to the other plan sheets affected by the relocation
of the grade control structures.
TASK 2 MODIFICATIONS TO BASIS OF DESIGN REPORT
This task includes the modifications of the basis of design report to reflect the proposed
modifications. The work under this task shall include updating the hydraulic and sediment
transport calculations to reflect the new condition for the grade control structures. The
calculations are necessary to ensure the proposed modifications do not result adverse impacts to
the floodplain limits, or sediment transport within the canyon. A revised report shall be prepared
which includes the updated calculations and project recommendations.
Work under this task shall include the preparation of floodplain maps for the Buck Gully and
Morning Canyon projects. The 100 -year floodplain limits shall be plotted on aerial photographs
of the project limits, and provide to the City as 11" x 17" color exhibits.
TASK 3 MODIFICATIONS TO LEGAL EXHIBITS AND DESCRIPTIONS
This task shall include modification of the legal exhibits and descriptions based on the project
modif ications completed in Task 1. The fee for this task is based on the modification of four (4)
legal descriptions and exhibits.
Legal descriptions and exhibits will be prepared for a unit cost of $500 each, up to a total of 4
AWR : Buck Gully Erosion Control Project
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City of Newport Beach
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legal descriptions and exhibits.
TASK 4 TEMPORARY IRRIGATION PLANS AND SPECIFICATIONS
Prepare the improvement plans and specifications for the installation of a temporary irrigation
system for the proposed project. This task includes the design and plans for an overhead spray
and bubbler irrigation system for the revised project limits. The design of the irrigation system
shall be from the existing restroom facilities. Plans and flow rates for the existing system shall be
provided by the City.
TASK 5 SUBSURFACE WETLANDS DESIGN AND PLAN PREPARATION
Prepare the final design and improvement plans for the subsurface wetlands to be incorporated
into the project. Two (2) subsurface wetlands will be included in the project between the grade
control structures. This task includes the preparation of the plans, details, specifications and
cost estimates for the facilities.
TASK 6 UPDATE ENVIRONMENTAL DOCUMENTS AND REGULATORY PERMITS
RBF shall update biological and regulatory (delineation) technical documents with the new
project description and project footprint. Once the technical studies are updated, RBF will
update the CEQA document Project description and topical sections impacted by the weir
removal.
Since the focused surveys were not completed during the preparation of the CEQA document,
RBF added mitigation measures to cover the project in the event special status species were
observed on -site. Since no focused species were observed, this language will be revised to
adequately discuss on -site conditions and mitigation measures that are still required. Once the
CEQA document is updated, RBF will resubmit the document for approval. This scope assumes
one (1) round of comments with City staff for the updated CEQA document. Public review and
processing of the document will continue per RBF's original scope of work.
The project description, jurisdictional impacts and existing conditions will be updated in the
regulatory permit applications. Once the update is completed, RBF will resubmit the applications
to the City for final review. This scope assumes one (1) round of comments with the City. Upon
the formal submittal to the agencies, permit processing will continue per RBF's original scope of
work.
Coordination on the environmental and regulatory documents shall include required
correspondence or telephone calls between the Client and RBF. This item includes up to two (2)
meetings with the Client and/or Project Team (as needed /directed). This task includes meeting
coordination, attendance, and the preparation of meeting minutes for the Client file (when
meeting is called by RBF).
TASK 7 COORDINATION AND CONSULTATION
Consultant will provide coordination, project management, and attend 2 additional meetings with
City, and Landowners as necessary to complete the project.
AM 2: Buds Gully Erosion Control Project
Papa 3
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City of Newport Beach
ENGINEERING SUPPORT DURING CONSTRUCTION
The Scope of Work provided is to provide construction support services for the construction of
Buck Gully improvements. The construction is estimated to take 4 months (16 weeks). The first
three tasks are not to exceed budgeted amounts and will be invoiced based only on actual time
spent.
TASK 8 PRE - CONSTRUCTION AND FIELD MEETINGS
During the period before Owner issues a Notice to Proceed to its Contractor, Consultant shall
attend the pre - construction meetings called by Owner. During the active construction period,
Consultant shall provide an engineering project manager to attend field meetings called by the
Owners Construction Manger. A budgeted amount of 20 hours for meetings during the
construction period has been allocated in this task.
TASK 9 FIELD SUPPORT SERVICES
Consultant shall provide review of Contractor's submittals, shop drawings, and construction
layouts as required and observe the work in progress. Consultant shall respond to Request for
Information's (RFIs) submitted through the Owner's Construction Manager and provide written
response to Owner as appropriate. When requested by Owners, the engineering project
manager will share interpretations, opinions, and possible solutions to field issues and coordinate
additional services required. Upon request by Owner's Construction Manager, Consultant will
review and respond to change order requests submitted by the Contractor and prepare estimates
of quantities and cost supporting the change. A budget amount of 60 hours (3.75 hours per
week) has been allocated for this task.
TASK 10 FIELD MONITORING SERVICES
Consultant shall provide qualified biologists to monitor the site, as needed during the
construction period. This task is a budget item based on up to 5 monitoring days. The results of
the monitoring shall be included in a memorandum to be provided to the City.
TASK 11 RECORD DRAWINGS
Consultant shall compile all documents provided by the Owner's Construction Manager affecting
the final configuration of the work. These may include Contractor's as -built drawings, survey
records, plan changes, change orders, and other contract documents. Consultant shall produce
the Record Drawings for the future reference of City, and if applicable the Homeowners. The
Record Drawings shall be a full set of plans stamped "As -Built" in red. Record drawing shall be
submitted to the City at the completion of the project.
AWR : Buck Gully Erosion Control Project
Pape 4 PF
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City of Newport Beach
EXHIBIT "B"
COMPENSATION
0
BUCK GULLY EROSION CONTROL PROJECT
January 6, 2010
Consultant agrees to perform the Scope of Additional Services as described in Exhibit "A ". Client
agrees to compensate Consultant for such services as follows:
TASK
Project Design Changes
FEE
1
Modif ication to Plans, Specifications, and Estimates
$10,090
2
Modifications to the Basis of Design Report
$4,420
3
Modifications to Legal Descriptions and Exhibits
$2,000
4
Temporary Irrigation Plans and Specifications
$3,830
5
Subsurface Wetlands Design and Plan Preparation
$5,780
6
Update Environmental Document and Regulatory Permits
$13,700
7
Coordination/ Project Meeting and Consultation
$3,230
Subtotal
$43,050
Engineering Support During Construction
8
Pre - Construction and Field Meetings
$3,660
9
Field Support Services
$9,540
10
Field Monitoring Services
$8,320
11
Record Drawings
$2,480
Subtotal
$24,000
Total Professional Fee
$67,050
Estimated Reimbursable and Delivery Costs
$1,500
GRAND TOTAL
568,550
Progress billings will be sent to Client on a Monthly Basis for the time and materials spent
performing the work, in accordance with the attached Hourly Rate Schedule, not to exceed the
Total Professional Fee authorized plus reimbursables for the direct cost of printing, deliveries,
fees, etc, advanced by Client.
AWR 2: Suck Gully Erosion Control Project
Pape 5 IRBF
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:4
HOURLY RATE SCHEDULE
Effective January 2010 through December 2011
OFFICE PERSONNEL
$/ Hr.
SeniorPrincipal .......................... ............................... ...............................
........................$245.00
Principal....................................................................... ...............................
.................... 225.00
ProjectDirector., ........................................................ ...............................
.........................215.00
Senior Project Manager ................................................ ...............................
.........................200.00
ProjectManager ............ ............................... . ..... . ....... ...............................
.........................195.00
StructuralEngineer ...................................................... ...............................
.........................195.00
TechnicalManager ...................................................... ...............................
.........................180.00
SeniorEngineer .......................................................... ...............................
.........................163.00
SeniorPlanner ............................................................ ...............................
.........................163.00
ElectricalEngineer ....................................................... ...............................
.........................156.00
LandscapeArchitect ..................................................... ...............................
.........................150.00
SeniorGIS Analyst ....................................................... ...............................
.........................150.00
ProjectEngineer .......................................................... ...............................
.........................148.00
ProjectPlanner ............................................................ ...............................
.........................148.00
Environmental Specialist ............................................... ...............................
.........................138.00
Design Engineer /Senior Designer / Mapper ......................... ...............................
.........................135.00
GISAnalyst ................................................................ ...............................
.........................122.00
Designer /Plan ner ......................................................... ...............................
.........................118.00
ProjectCoordinator ...................................................... ...............................
.........................110.00
GraphicArtist ............................................................... ...............................
..........................97.00
Environmental Analyst/Staff Planner ................................. ...............................
..........................97.00
DesignTechnician ........................................................ ...............................
..........................97.00
Assistant Engineer / Planner ............................................. ...............................
..........................93.00
PermitProcessor .......................................................... ...............................
..........................83.00
Engineering Aid/Planning Aid.. ........ ........................ .........................................................
75.00
OfficeSupport/ Clerical ................................................. ...............................
..........................63.00
FIELD PERSONNEL
2- Person Survey Crew ............................ .................... ............................... ........................$245.00
1- Person Survey Crew ................................................ ............................... .........................155.00
LicensedSurveyor ..................................................... ............................... .........................175.00
FieldSupervisor ........................................................ ............................... .........................172.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager .................................................. ...............................
........................$185.00
Resident Engineer /Project Manager ................................. ...............................
.........................154.00
Senior Construction Inspector ........................................ ...............................
.........................123.00
Construction Inspector .................................................. ...............................
.........................118.00
Field Office Engineer .................................................... ...............................
.........................110.00
Construction Technician ................................................ ...............................
..........................95.00
Note,
eluepnnting, reproduction, moesenger service and other direct expenses roll be charged "an addilional cost plus 15 %. A Sub-consultant Management
Fee of flteempercent (15 %) will be added to the direct cost of all s !Ot nsultant services to provide for the cost of adrnnistrabon, subtmsutlant
consultation and insurance. Vehicle mileage will be charged as an additional cost at 0.00 per mile
• -IOU
AMENDMENT NO. 1
TOPROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
FOR BUCK GULLY EROSION CONTROL PROJECT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this �'1 ciay of Ma ✓r 2004
I by and between the
CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF
CONSULTING a California Corporation whose address is 14725 Alton Parkway, Irvine,
California, 92618 ("CONSULTANT"). and is made with reference to the following:
RECITALS:
A. On October 11, 2005, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for professional
engineering services for the Buck Gully Erosion Control Project, hereinafter
referred to as "PROJECT'.
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT and to extend the term of the AGREEMENT to
June 30, 2010.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1', as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT.
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed Twenty -Five
Thousand, Four Hundred Ninety -Five Dollars and no/100 ($25,495.00)
without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to June 30, 2010.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
"2
ynet D.'eeauc6bmp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
t r "All--
-
By:
Leilani Brown,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corpolof6n
ev 'um
a i orks Director
r t e City of Newport Beach
CONSULTANT:
B:
�(Corpor e fficer)
Title: V!e
Print Name--,L?N
19
Title:
Print Name
ihanciaVOfficer)
WF III
CONSULTING
February 17, 2009
Ms. Iris Lee
City of Newport Beach
3300 Newport Beach Boulevard
Newport Beach, CA 92663
Subject Buck Gully Focused Surveys
Dear Ids:
0
EXHIBIT A
JN 10- 104465
RBF Consulting (RBF) is pleased to provide this Addendum for our Supplemental Professional
Services for the Buck Gully Project.
The services described in this addendum are focused biological surveys that are a State and Federal
requirement and were not known or defined at the Gme of our initial agreement. RBF's intends to hire
a Biological Services Consultant, BonTerra Consulting to perform the Biokx3ical Services. Attached
for your approval are Exhibit "A" Scope of Work and Exhibit "B" Detailed Fees from BonTerra
Consulting for the work. We are RBF appreciate the opportunity for our continued invotvement in the
development of this project If you have any questions, please call me at (949) 855 -5759.
Sincerely,
John McCarthy, P.E.
Vice President
Stormwater Management
H \ odala110104465 Wdmmkv2ratMddendum \Bmk Guly AW R 1 dM
Attachments: Exhibit'A" Scope of Work and Exhibit "B° Detailed Fee
cc: Accounting
PLANNING ■ DESIGN ■ CONSTRUCTION
14725A Par xay. hire. CA9281 &2027• PO Box 57057, h C. CA92&191057. 949 472 3505 • Fax 949412&373
ors JOCAW a.u,9nae Cai *. Anzpre & Na xIa • ~x a axe
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C O N 5 U L r I N G
February 2, 2009
Mr. Richard Beck
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
PAJAE)ENe COS [A MESA
L (7141 4449199 R (714; 4459599 I ISI KOlmus 0.6, Su %18 ° --2W
s.�ww .80nienCCOnSOl:in9x0m Coaa Mesa. CA 92026
VIA EMAIL AND MAIL
rbeckOrbf.com
Subject: Revised Proposal for Additional Biological Services for the Buds Gully Project Site in
Corona del Mar, City of Newport Beach, Orange County, California
F TTEX..M.r.a!A
BonTerra Consulting appreciates the opportunity to continue to provide you with biological
consulting services for the Buck Gully project site (hereafter referred to as the project site) in
Corona del Mar in the City of Newport Beach, Orange County, California.
We have prepared a biological services scope of work and associated professional fees to
perform focused surveys for special status plant species, coastal California gnatcatcher
(Po4optila califomica caMomica), and least Bell's vireo (Vireo bedli pusillus) (Attachment A). We
have included trapping surveys for southwestern pond turtle (Actinemys marmorata pallida) as
an optional task if the stream course would be directly or indirectly impacted by the proposed
project. This scope has been revised to include a detailed break -down of tours (Attachment B).
We are available to begin work upon written authorization to proceed. We look forward to
assisting you with this project. Please contact Amber Oneal at (714) 444 -9199 with any
questions.
Respectfully submitted,
BONTERRA CONSULTING �q
Ann M. Johnston
Principal, Biologics ervices
Amber S. Oneal
Senior Project Manager /Associate
Attachments: A - Biological Services Scope of Work and Fees
B - Detailed Fees
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ATTACHMENT A
SCOPE OF WORK AND FEES
BUCK GULLY PROJECT SITE
FOCUSED BIOLOGICAL SERVICES
February 2, 2009
TASK 1 SPECIAL STATUS PLANT SURVEYS $6,275.00
Surveys for special status plant species will be conducted on the project site. These surveys will
be conducted during the blooming periods for each of the plants, which vary depending on
rainfall and temperature. Therefore, reference populations will be monitored to determine the
appropriate survey time (generally between March and July). Since blooming periods for special
status species typically overlap, one early spring and one late spring survey can be conducted
to cover all of the desired species. The focused surveys will be conducted using meandering
transacts throughout the suitable habitat on the project site. Field notes will be taken during the
survey. it any special status plant species are found, the location of each population will be
mapped and voucher specimens will be collected and deposited in an appropriate herbarium to
ensure the accuracy of the identification. A collecting permit is required for the collection of any
state -fisted Endangered species and the team of botanists will have the appropriate permits.
Upon completion of the survey effort, a letter report will be prepared on the survey findings. The
letter will include a methods and results section with locations and descriptions of all special
status plant species found. This scope assumes one version of the letter report. Revisions to the
report will be billed on a time- and - materials basis upon approval. Any special status species
observed will be reported to the California Natural Diversity Database (CNDDB).
TASK 2 COASTAL CALIFORNIA GNATCATCHER SURVEY $4,675.00
Focused surveys for the coastal California gnatcatcher will generally follow the U.S. Fish and
Wildlife Service ( USFWS) protocol for a participant in the Orange County Natural Community
Conservation Plan (NCCP) ( USFWS 1997). The USFWS requires a 10-day notification prior to
the anticipated start date of the surveys. A total of three surveys at least one week apart are
required under this protocol. The surveys will be conducted between February 15 and
August 30. These surveys will cover all suitable habitats (e.g., coastal sage scrub) on the
project site. Tape recordings of coastal Cafifornia gnatcatcher songs and other vocalizations will
be played in appropriate habitat to solicit a response. The locations where gnatcatchers are first
observed will be plotted on an aerial photograph or topographic map. The number of birds
(individuals or pairs) will be noted at each sighting. Data will also be collected on general habitat
characteristics for each gnatcatcher. The surveys will be conducted during appropriate weather
conditions, generally between dawn and noon.
Upon completion of the survey effort, a letter report will be prepared on the survey findings. The
letter will include a methods and results section with locations and descriptions of special status
species observed. A copy of the report will be submitted to the USFWS within 45 days of
completion of surveys, as required by the surveying biologist's 10(a)(1)(A) permit requirements.
This scope assumes one version of the letter report. Revisions to the report will be billed on a
time- and - materials basis upon approval. Any special status species observed will be reported to
the CNDDB.
R%R*O. �A3 c ..a savoxmm A -1 Scope of woer era Fees
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TASK 3 LEAST BELL'S VIREO SURVEYS $8,775.00
Focused surveys for the least Bell's vireo will be conducted within all suitable riparian habitat
present on the project site. The purpose of these surveys will be to determine the presence or
absence of any least Bell's vireo on the project site. Surveys for the least Bell's vireo will follow
the survey protocol recommended by the USFWS. This requires that a total of eight surveys be
conducted at approximately ten -day intervals starting after April 10 and ending by July 31. The
surveys will be performed during appropriate weather conditions. If this species is detected by
visual or auditory means, information pertaining to sex, age, reproductive status, and habitat will
be recorded. If nesting is believed to be occurring, the biologist will try to ascertain the general
location of the nest but will not approach or disturb the nest.
Upon completion of the survey effort, a letter report will be prepared on the survey findings. The
letter will include a methods and results section with locations and descriptions of special status
species observed. A copy of the report will be submitted to the USFWS and the CDFG within
45 days of completion of surveys. This scope assumes one version of the letter report.
Revisions to the report will be billed on a time - and - materials basis upon approval. Any special
status species observed will be reported to the CNDDB.
TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES (TASKS 1-3) $19,925.00
OPTIONAL TASK
TASK 4 SOUTHWESTERN POND TURTLE SURVEYS $5,570.00
The southwestem pond turtle survey will be based on survey and census recommendations
made by Holland (1991) and an unpublished survey protocol developed by Reese (undated).
The survey area will include all aquatic habitat on the project site. The survey will consist of
walking along the elevated banks of the creek and scanning pools for extended periods of time
to search for basking or foraging turtles. A total of four surveys will be conducted during the
breeding season of this species (April to August) depending on suitable weather conditions.
Surveys will be planned for April to May, since this is when breeding most often occurs, but the
schedule may be adjusted by the surveying biologist. The surveys will be conducted by a
qualified biologist familiar with this species. Any pond turtle sightings will be recorded and
mapped.
Upon completion of the survey effort, a letter report will be prepared on the survey findings. The
letter will include a methods and results section with locations and descriptions of special status
species observed. This scope assumes one version of the letter report. Revisions to the report
will be billed on a time - and - materials basis upon approval. Any special status species observed
will be reported to the CNDDB.
TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES (TASKS 1 -4) $25,495.00
a+wgmV�ivnnianr�a sava�mo6.eec A -2
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Buck Gary Project Site
ATTACHMENT B
DETAILED FEES
BUCK (SULLY PROJECT SITE
FOCUSED BIOLOGICAL SERVICES
February 2, 2008
TITLE RATE HOURS TOTAL
Tnek 1 _ PtwM A., ww
Principal
$175.00
1.0
$ 175.00
Senior Project Mane
$125.00
2.0
$ 250.00
Senior BotaNsf
$125.00
32.0
$4,00D.00
Botanist
80.00
14.0
$1.120.00
GIS specwist
S 90.00
3.0
$ 270.00
Word Processing
$ 70.00
3.0
$ 210.00
Total
Direct Casts
Subtotal Task t
Tw k 9 rJC.N A..v
$6,025.00
S 250.00
$6,276.00
Prkw I
$175.00
1.0
$ 175.00
Senior Projw Maitager
$125.00
2.0
S 250.00
Senior W wi fe Biologist
$125.00
26.0
$3.5w.00
GIS Specialist
$ 90.00
3.0
S 270.00
Biol
$ 80.00
2.0
S 160.00
Word Processing
$ 70.00
4.0
280.00
Total
Direct Coats
Subtotal Task 2
TMk A 1 AV G�rww
$4,635.00
$ 240.00
$4.675.00
Principal
5175.00
T 1.0
175.00
Senior Project Manager
$125.00
2.0
$ 250.00
Senior WOdlffe Biolo_qist
125.00
58.0
57 50.00
GIS Specialist
$ 90.00
3.0
270.00
$ 80.00
2.0
160.00
Word Processing
$ 70.00
4.0
$ 280.00
Total Sa,365.00
Direct Costa S 390.00
Subtotal Task 3 $0.775.00
R+vr•rvecu saaonmeaa B -1 DereNed Fees
P
Buck Duav ftis 7 site
TITLE RATE HOURS TOTAL
OPTIONAL Task 4 Pond Turtb Survevs
Principal
S 175.00
1.0
$175.00
Senior Proled Manager
$ 125.00
2.0
50.00
Senior Wlldlte B'
S 120.00
34.0
$4,080.00
GIS Specialist
$ 90.00
4.0
$360.00
Bio
S 80.00
2.0
$160.00
Word Processing
70.00
4.0
$280.00
Total $5.=.00
DOW Oasts $266.00
Subtotal Task $515%60
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PROFESSIONAL. SERVICES AGREEMENT WITH
RBF CONSULTING
FOR THE BUCK GULLY EROSION CONTROL PROJECT
THIS AGREEMENT. is made and entered into as of this JLfk day of October 2005,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"),
and RBF CONSULTING, a California corporation whose principal place of business is
14725 Alton Parkway, Irvine, California, 92619 -7057 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to construct an upstream detention basin in Upper Buck Gully
canyon and a grade control system at the mouth of the Buck Gully channel for
erosion control and canyon stabilization purposes (hereinafter referred to as the
`Buck Gully Erosion Control Project').
C. City desires to engage Consultant to provide professional consulting services for
the Buck Gully Erosion Control Project, including preparation of the final
construction drawings and cost estimate, and preparation and processing of the
environmental documentation and agency permit applications (the "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 the Project shall be John
McCarthy, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 1 day of July, 2007, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
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The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the Schedule of
Performance included in Exhibit B. The failure by Consultant to strictly adhere to
the schedule may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Hourly Rate
Schedule attached hereto as Exhibit 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 Four Hundred and Fifteen Thousand, One Hundred and Fifty -Seven
Dollars ($415,157.00) without additional authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
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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 Hourly
Rate Schedule as set forth in Exhibit C.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John McCarthy to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or B, or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E., shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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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.
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 we* negligently4
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10.
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12.
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performed nor services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of 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.
COOPERATION
Consultant agrees to work
Project Administrator and
interest in the work to be
Consultant on the Project.
CITY POLICY
closely and. cooperate fully with City's designated
any other agencies that may have jurisdiction or
performed. City agrees to cooperate with the
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.
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
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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.
Workers' ComReensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change (10 day written notice
for nonpayment of premium). 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 Coveraoe. 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
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aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City (10 day written notice for nonpayment of
premium).
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if, Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A and B. 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
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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 drawings shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
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
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infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement: All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
.found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
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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: Robert Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: John McCarthy, P.E.
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: 949 -472 -3505
Fax: 949- 472 -8373
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
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termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: /
By: C--'- ffC.-_
Aaron C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
MY r
fo e City of Newport Beach
RBF CONSULTING:
B-
(Corporate O i er)
Title:
Print Name: 'A"
By:
inan ' I Officer)
Title: Z:�::: g�F-C-4-17-� 61:e VP -�r
Print Name:
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Performance
Exhibit C - Hourly Rate Schedule
F:\USERS\PBW\Shared\Agreements\FY 05-06\RBF-Buck Gully Detention Basin C-3811.doc
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3.4 Scope of Work
�a Design of the erosion control project in Buck Gully will proceed in three
_ s phases: (I) Research and Investigation; (11) Preliminary Design; and
(III) Final Design, Environmental Review, and Permitting. Each task
includes the project management time needed for that task. The number
_i of meetings with City staff, agencies or the community is identified for each phase
of the project.
Phase I — General Plan and Preliminary Design Report
— Task 1.1 Base Data Review
RBF will review available data, plans, studies and information prepared to date for
Buck Gully. The following information will be consulted:
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• City's Newport Coast Watershed Contract with RWQCB
• Buck Gully Detention Basin Feasibility Study
• Biological Report
Previous watershed hydrology studies
Existing floodplam mapping
• Adjacent development planning studies
Property Ownership / Assessor Parcel Maps
• Existing geologic mapping
■ The purpose of the review is to identify opportunities and constraints related to the
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a proposed Buck Gully Erosion Control project.
Task 1.2 Initial Site Constraints and Concept Design Evaluation
Perform a preliminary evaluation of the proposed site and conceptual designs to
determine if there are any existing critical constraints or fatal project issues that
-.M would preclude utilizing the proposed site locations based upon the existing
database of information determined in Task No.l.l. The objective of this analysis
is to determine potential project eliminating constraints prior to initiating the
preliminary design phase, and review potential alternative configurations. These
constraints could potentially be existing fault locations, landslides, buttress fills,
easements, environmental issues, property ownership, or right -of -way issues.
Task 1.3 Delineation of Jurisdictional Waters
Perform a jurisdictional delineation (JD) to determine jurisdictional "waters of the
United States" (including wetlands), and "waters of the State," located within the
boundaries of the project site. The JD will result in:
Proposal ■ Buck Gully Erosion Control Project Page 3-10
City of Newport Beach
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A. A determination of the US Army Corps of Engineers' (ACOE) ordinary high
water mark (OHWM) and indicate the existence of any three (3) parameter
wetlands on -site. The actual presence or absence of wetlands on -site will be
verified through the determination of the presence of hydrologic conditions,
hydrophytic vegetation, and hydric soils pursuant to the 1987 US Army Corps
of Engineers' Wetland Delineation Manual;
B. The California Department of Fish and Game's (CDFG) jurisdiction shall be
identified via the top of bank of the on -site streambed or to the outer drip line
of riparian vegetation (if present);
C. In cases where isolated conditions are present, the JD will indicate areas under
the jurisdiction of the California Regional Water Quality Control Board
(RWQCB); and,
D. A determination of the existence of any one (1) parameter wetlands on -site
that are associated with California Coastal Commission (CCC) jurisdiction.
The actual presence or absence of State wetlands on -site will be verified
through the determination of the presence of any hydrologic conditions,
hydrophytic vegetation, and/or hydric soils.
Once the project site baseline information is obtained, RBF vU prepare a written
report discussing on -site jurisdictional areas. The JD will consist of the following
Sections: 1) Introduction and Purpose; 2) Summary of Regulations; 3)
s Methodology; 4) Site Conditions; 5) Findings; 6) Required Regulatory Approval
yProcess; 7) References; and 8) Appendices.
RBF will incorporate one (1) comprehensive set of comments provided by the
Client and /or resource agencies into the JD. RBF will submit three (3) copies of
the Final JD to the client. Recommendations will identify, if necessary, the need to
pursue further resource agency consultation, and if sufficient project design is
provided, the anticipated permitting strategy for the project. Additional copies can
be provided under sepazate addendum.
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Task 1.4 Pre - Application Field Meeting
RBF shall coordinate an on -site meeting with the ACOE, RWQCB, CCC, and
CDFG at the appropriate time to discuss potential permitting strategies available
for the proposed project alternative, including mitigation expectations. It is crucial
to obtain feedback from the regulatory agencies prior to the formal application
process. RBF has found these Pre - Application Field Meetings to be extremely
beneficial with regards to streamlining the permitting process and subsequent
mitigation. This task includes meeting coordination and the on -site visit.
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Proposal ■ Buck Gully Erosion Control Project Page 3 -11
7 .o. City of Newport Beach
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Task 1.5 Project Feasibility (Alternatives) Analysis
A feasibility analysis will be completed based for up to four (4) engineering/
planning options discussed with and /or provided by the City. The analysis will
identify possible project options that could avoid, minimize, or mitigate for impacts
caused by the proposed project while still accomplishing the objectives of the
project. The submittal package will include: a) vicinity map, b) project description,
c) jurisdictional impact analysis, d) site photos, e) alternative design options, and 0
feasibility findings /recommendations. The analysis is considered mandatory for the
CDP application process; the analysis will be submitted to all agencies for their
review.
Task 1.6 Project Meetings and Consultation
RBF will attend project meetings and provide the coordination with City staff in
order to review the results of the research phase, and discuss alternative solutions
to meet the project objectives. Included in this work item is attendance at two (2)
project meetings; a kick -off meeting, and a meeting to discuss project
recommendations.
Phase II - Preliminary Design
Task 2.1 Initial Base Sheet Development
RBF will develop project base sheets and watershed maps utilizing existing digital
topography and transferring all additional information regarding surface culture
topography, legal boundaries, easements, and utilities. The base sheets compiled
will serve as the base information to develop the preliminary plans,
i hydrology/hydraulic studies, and final construction documents.
Task 2.2 Watershed Hydrology and Sediment Yield
Evaluate the characteristics of the tributary watershed to the detention basin and
grade control structure site. Develop a unit hydrograph model utilizing the Orange
_ County hydrology procedures to model the 10 -, 100 -, and 500 -year inflow
hydrograph to the detention basin site for the tributary watershed. The previous
studies and master plan of drainage for the City will be consulted for consistency of
the watershed model.
RBF will perform a sediment yield evaluation of the watershed to estimate the
potential sediment delivery from the watershed. Sediment yield estimate will be
incorporated in evaluating the total volume requirements and the dead storage
requirements. RBF will work with the City to identify an acceptable method for
estimation of the sediment yield prior to initiating the work. Procedures may
include the use of the COE LA District Method for Prediction of Debris Yield.
Calculations will be compared to other studies completed in the area.
RWProposal ■ Buck Gully Erosion Control Project page 37
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Task 2.3 Preliminary Hydraulic and Scour Analysis
Provide engineering services to perform the Preliminary Hydraulic Analysis for
Buck Gully and the proposed drop structure improvements. The Preliminary
Hydraulic Analysis will include verification of existing floodplain hydraulics for this
portion of the creek starting with the model already developed by WRC Consulting
Services, and modified as necessary with information obtained from the research
and field survey. The existing and proposed floodplain hydraulics conditions will
be modeled utilizing the Army Corps of Engineers HEC -RAS analysis. Channel
geometric characteristics, such as conveyance cross - sections, roughness
coefficients, and encroachments, will be analyzed based on field cross- section
information and site inspections. Potential hydraulic constraints will be
investigated prior to analyzing proposed alternative designs.
The hydraulics of multi - frequency design flows shall be investigated and the
associated hydraulic impacts assessed to determine the level of flood protection
associated with the proposed improvements. The hydraulic analysis shall extend
adequate distance upstream and downstream from the proposed project to fully
evaluate the impacts.to the existing flooding. Average hydraulic parameters
generated shall be utilized for the scour and sediment transport analysis to
determine additional facility protection requirements. The scour analysis shall
incorporate aegradation and degradation tendencies associated with this portion of
the creek to be determined as part of Task 2.4. The scour analysis will determine
the scour parameters used in designing and locating the proposed drainage
facilities. In addition, the limits and extent of the required protection downstream
of each grade control structure shall be determined. Modifications to the
conceptual design shall be recommended.
Task 2.4 Streambed Stability and Sediment Transport Analysis
Based on the channel baseline engineering analysis for the watershed hydrology
and hydraulic conditions developed in the proceeding tasks, RBF will develop
alternatives for streambed and streambank stabilization for Buck Gully to be
maintained in a "natural' condition. These measures will provide control for in-
stream degradation or lateral bank migration. The analysis will be based upon the
preliminary stabilization measures developed in the WRC study. Stabilization
measures will focus maintaining the natural channel response in the canyon, and
identifying control measures that will achieve these conditions. Grade control
structures will focus on incorporating typical resource agency requirements and re-
establishing a stabilized natural stream system. The analysis will provide
recommendations for final design of structural streambank protection measures.
The analysis will identify the potential long -term and short -term modifications to
the channel streambed, potential stream impacts, and identify the areas of
potential lateral bank migration.
A pseudo sediment routing model, such as the Department of the Army's SAM
Hydraulic Design Package for Channels program will be used to develop the long-
Proposal ■ Buck Gully Erosion Control Project Page 3 -13
City of Newport Beach
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term equilibrium slope for the channel. The SAM computer model is a fixed bed
model which is used to estimate sediment transport trends along the subject
channel. This analysis will be used to determine the need for grade control
structures and other channel stabilizing measures. The sediment inflow hydrograph
will be applied to the various sediment categories based upon the grain size
distribution. The estimated degradation and aggradation depths along the channel
profile will be plotted in profile. Sediment transport quantities as a result of the
model will be summarized.
Results, findings and recommendations shall be submitted to the City for review
_) and approval. RBF will identify potential impacts and recommend additional
studies, as necessary, based on the results of the assessment.
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Task 2.5 Preliminary Basin Facility Layout
RBF will review and modify the preliminary layout of the basin embankment and
6a# grading requirements based upon the updated hydrologic routing analysis. Layout
will incorporate standard facility requirements as well as the exiting physical
requirements, including utilities. The initial basin layout will be utilized to develop
the reservoir characteristics to verify the hydrologic operation and optimization of
the facility size.
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PIT City of Newport Beach
Task 2.6 Preliminary Detention Basin Routing Analysis and Facility Sizing
RBF will develop a hydrologic routing model for the detention based upon the
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preliminary grading design and outlet structure- rating curve. Preliminary
estimates of the stage- outflow rating curve and the stage - storage rating curve will
be prepared based upon the proposed grading design and embankment
configuration. The stage- storage rating curve will utilize the information
developed in the preliminary grading design and the current topography. Dead
storage allowances will be included for a portion of the debris volume. An
optimization procedure will be performed to evaluate the detention storage
requirements and outlet configuration that best satisfies the objective. Preliminary
configurations of the detention basin outlet structures will be evaluated to size the
outflow device that will provide the required attenuation at the 100 -year storm
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PIT City of Newport Beach
Spillway hydraulics will be evaluated based upon the recommended configuration,
including outlet structure /energy dissipater requirements. Various alignments will
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be evaluated in order to determine the most cost effective system. A preliminary
water surface profile and hydraulics of the underground conveyance system for
both the principal outlet and the primary spillway will be prepared. Hydraulics
associated with these outlet facilities will follow the standard analysis procedures
outlined in the U.S. Army Corps publication EM 1110 -2 -1603, "Hydraulic Design
of Spillways."
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PIT City of Newport Beach
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Task 2.7 General Plan Exhibits - 30% Plan
Prepare plan view exhibits and illustrations for the recommended preliminary
design for the basin grading configuration and grade control facility locations.
Preliminary plan will be produced at an appropriate scale utilizing digital
topography and reflect the current recommended design evaluated in the
preliminary engineering design phase. All the design information will be
summarized on the individual exhibits, including the: (1) results of the engineering
analysis, (2) facility sizes, (3) inundation limits, (4) alignment, (5) limits of grading,
(6) approximate elevations for facilities, (7) boundary information, and (8) access
requirements.
Illustrative exhibits will be prepared for the preliminary basin grading and
embankment configuration. The exhibits will include presentation quality
photorealistic- artistic renderings of the project site. The rendering shall combine
an artist depiction of the proposed structures superimposed over a photograph of
the project site.
Task 2.8 Restoration/ Landscape Concept Plan
RBF will prepare one presentation quality landscape concept plan for the project
restoration. The plan shall be prepared based on site opportunities and constraints,
the requirements of the City of Newport Beach and input on the planting palette
from the project biologist. The goals of the plan will be to incorporate the
regulatory mitigation requirements in- stream, and include the drawings within the
final construction documents. The plan shall be prepared at an appropriate scale
in AutoCAD on a base map of the project site prepared by RBF. The plan shall
depict areas of exotic plant removal, areas to be re- vegetated and planting
concepts. The plan and a preliminary estimate of construction costs will be
submitted to the City for review, comment and approval.
It is assumed that re- vegetation can be achieved without the use of an automatic
irrigation system and the design of a system is excluded from this scope of work.
Task 2.9 Preliminary Technical Design Report
RBF will provide the engineering services for the compilation of a Preliminary
Technical Design Report to support the proposed detention basin and grade
control system facilities. The written report will serve as the technical
documentation for the drainage improvements. This report will include the
background for the hydraulics, hydrology, design criteria, constraints, assumptions,
references, and technical calculations that will be prepared in a suitable format
acceptable for review by the jurisdictional agencies.
Recommended modifications will be discussed with the City, and incorporated into
the final plans as necessary.
Proposal ■ Buck Gully Erosion Control Project pageTlI
CoNSULTING City of Newport Beach
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Task 2.10 Preliminary Quantity and Cost Estimate - Phase II
Preliminary construction quantity estimate will be performed based upon the
proposed plan layout for the detention basin and grade control facilities.
Preliminary earthwork quantities will be based upon the information on facility
-' exhibits and information provided. by the geotechnical engineer. A preliminary
construction cost estimate will be generated, and compared to established project
budget.
Task 2.11 Project Meetings and Consultation - Phase II
RBF will attend periodic project meetings and provide consulting services related
to project coordination during this particular engineering phase. The purpose of
these meetings may include a review of the progress of work included in this
Contract, or consultation and discussion needed on project issues. This task shall
also include attendance at one (1).public review meeting. Based on RBrs
aw experience, we feel it is important to have the engineer at the public meeting to
address comments. Consultation will be provided with the City to resolve
design/permitting related issues and ensure the progress of the project. The
meetings and consultation allows adequate communication with the City to allow
input and feedback during the design process. This task will also include telephone
conferences necessary with the same parties for the above - mentioned purposes.
sa RBF has budgeted for two (2) City meetings and one (1) public meeting, and
1' approximately 40 man-hours towards this overall effort.
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Phase III - Final Design Documents, Environmental Review, and Permits
The proposed scope and fee included is based upon the preliminary
geometric requirements outlined in the original request for proposal.
Deviations from the recommendations outlined in this document during
the final design may result in adjustments to the fee. Improvement plans
will be prepared at an appropriate scale and to City Standards in a digital
format utilizing AutoCAD in English units. The basin plans will include the
detention basin grading, appurtenant facilities, roadways, and the outlet facilities.
The grade control plans will include structure locations, sections, minor grading,
access roadways, and landscape plans.
Task 3.1 Geotechnical Investigations
The RBF Team will prepare geotechnical investigations as necessary. Tasks
associated include data review, field exploration, laboratory testing, engineering
analyses, cut slope analyses, and the preparation of a geotechnical report. A
detailed scope of services is included in this Section that follows Phase III of our
Scope of Work.
Task 3,2 Environmental Studies/ Documentation
The RBF Team will prepare environmental studies as necessary. Associated tasks
include data review to determine the potential environmental issues related to the
's
Proposal n Buck Gully Erosion Control Project Page 3 -16
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construction and maintenance of the proposed improvements. Potential
environmental issues may include: permitting, earth resources, paleontological
resources, noise, land use, public safety, hazardous waste sites and soil
contamination, recreation, aesthetics and potential indirect, growth inducing and
cumulative effects. A detailed environmental scope of services is included in this
Section that follows Phase III of our Scope of Work.
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Task 3.3 Topographic Surveys
RBF will collect field survey data for the design of the proposed improvements that
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include the preparation of limited topographic base mapping through field
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survey methods. In addition, stream cross - sections will be obtained at critical
locations. The field survey data will be compiled to develop a topographic base
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map of the project area. Field survey information will also include surface ground
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culture. The existing overgrowth of vegetation severely limits the ability to
efficiently survey the area; therefore, this task is a budget item based on 60 -hours
Of field survey time (2- person crew), should additional field survey /topographic
mapping be required, a separate addendum will be provided.
All topography shall be electronically field data collected and detailed on a
hardcopy backup and field notes.
Task 3.4 Detention Basin Grading Design
J Prepare grading design for the detention basin site based upon the
recommendations if the Preliminary Technical Design Report. The grading design
will also incorporate the recommendations outlined in the geotechnical report
J regarding the embankment, abutments, and reconstructed slopes. The detention
basin grading will be generated to maximize the storage volume at the desired pool
elevations with minimal grading, and environmental impacts. Special
considerations for maintaining the natural stream channel through the detention
basin will be incorporated, if necessary. The grading design will also evaluate the
requirements for local surface drainage related to proposed grading, especially
protection of the dam embankments. Borrow areas will be specifically identified
for the embankment construction and incorporated into the overall design.
Horizontal and vertical alignments for perimeter access roads will be designed for
the detention basin, including access ramps to the basin floor.
Task 3.5 Final Horizontal Control Layout and Mapping
Prepare horizontal control plan and calculated alignments for all proposed
facilities within the detention basin and grade control structures. The horizontal
1 alignment and locations of proposed facilities, including roadway alignments and
drainage facilities will be tied into the horizontal control for the project and
boundary. Additional easements /right -of -way necessary for the project
construction will be identified. A horizontal construction stationing system will
Proposal ■ Buck Gully Erosion Control Project Page 3 -17
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also be developed for the overall grading of the project sites to facilitate generation
of cross sections for earthwork.
Task 3.6 Detention Basin and Grade Control Improvement Plans
Provide final engineering services for the preparation of construction plans for the
proposed detention basin and grade control improvements based upon the
Preliminary Design Report. Construction plans will be prepared on standard City
base sheets incorporating all base sheet information, digital topography, and utility
information for this project. Utilities within the proximity of the construction will
be located on the plan, and crossings also shown in the profile.
This work item is based on the proposed construction of the detention basin and
grade control facilities sbown on the concept plans provided by the City as part of
the RFP. The detention basin would incorporate both a principal intake /outlet and
a emergency spillway section embedded into competent material. The fee estimate
is based upon the following construction drawing sheets in the plan package:
Proposal ■ Buck Gully Erosion Control Project - Page 3 -18
�...... 6 _ City of Newport Beach
Sheet Description and Estimated Number of Sheets
bneet Sheet Description
No.
1
Title Sheet
2
Location and Access Map & Survey Controls
3
Basin Site Plan and Rating Curves
4
Foundation Excavation Plan
5
Embankment, Spillway and Basin Grading Plan
6
Dam Embankment Sections
7
Emergency Spillway Plan and Profile
B
Emergency Spillway Sections and Details
9
Outlet Conduit Plan and Profile
10
Outlet Channel, Sections, and Details
11
Access Road Plan and Profile
12
Chain Link Fence, Gates, and Miscellaneous Details
13
Miscellaneous Drainage and Access Road Details
14
Miscellaneous Details
15
Subdrain System Detail & Pipe Installation
16
Outlet Conduit Headwall, Energy Dissipator, & Structural Details
17
Filter Blanket Plan and Details
18
Detention Basin Cross Sections
19
Access Road Cross Sections
20
Soil Boring Logs & Map
21
Soil Boring Logs
22
Grade Control Site Plan
Proposal ■ Buck Gully Erosion Control Project - Page 3 -18
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Plan and Profile
24
Plan and Profile
25
. Typical Sections and Details
26
Gabion Specifications and Miscellaneous Details
27
Grade Control Structure Cross Sections
Progress plan submittal for Client review will be prepared at milestones submittal
which include (1) 70% plans, and (2) 100% plan preparation stages.
Task 3,7 Structural Design and Detailing
Provide engineering services for the structural design, analysis, and detailing of the
proposed flood control facilities indicated on the final construction drawings.
Structural calculations will be provided in a format acceptable for review by the
City. Structural calculations will be prepared by a licensed civil engineer and
signed by a licensed structural engineer. A formal quality control review process
occurs at the 50 percent design level and culminates in an independent review of
the final design by a licensed senior engineer. The structural design and detailing is
based upon the facilities identified in the conceptual plans provided by the City.
Task 3,8 Restoration/ Landscape Improvement Drawings
RBF will prepare one set of final landscape and irrigation construction drawings,
specifications and cost estimates in sufficient form and detail to obtain approval
from the Coastal Commission, the US Army corps of Engineers and the City. The
_ drawings shall be prepared based on the approved landscape concept plan
prepared in Phase Il. The drawings will be prepared at an appropriate scale on
base maps of the project site prepared by RBF. The drawings will include plant
_ removal drawings, a planting drawing, irrigation plan, planting detail sheets and
specifications for planting.
Task 3.9 Final Hydrology, Hydraulics and Sediment Transport Analysis
RBF will prepare a final hydrology, hydraulic and sediment transport analysis of
the proposed basin and channel improvements indicated on the construction
drawings. The final design water surface generated shall also be indicated on the
drawings. All studies shall be completed in conformance with the latest available
design, drafting, and policy and procedure manuals of the City of Newport Beach,
and the County of Orange.
This task includes the preparation of a "Final Design Report " which will serve as
-. documentation of the final engineering design and associated technical analysis to
support the Buck Gully Erosion Control design project. The report shall update
the preliminary report including the backup data regarding final bydraulics,
- -� hydrology, existing facility data, design criteria, specific design requirements, design
constraints, assumptions, quantity and cost estimate support, and all engineering
calculations or analysis.
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Proposal ■ Buck Gully Erosion .Control Project page 3 -I9
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Task 3.10 Final Cost Estimate
Prepare a final estimate of construction quantities and costs based upon the
channel, basin, roadway, and landscape drawings utilizing current City cost data
and the latest edition of Caltrans Contract Cost Data book, and compare to
established-project budget.
Task 3.11 Specification and Special Provisions
RBF will develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included
in the City's standard contract documents. City will prepare the upfront "boiler
plate" portions of the contract documents (e.g. general provisions, contract
requirements, notice to contractors, etc.).
As needed, specifications shall include specific NPDES stormwater provisions the
contractor will need to implement. There should also be discussion on nuisance
flow, diversion during construction.
Task 3.12 Project Meetings and Consultation - Phase III
RBF will attend periodic project meetings and provide consulting services related
to project coordination during this particular engineering phase. The purpose of
these meetings may include a review of the progress of work included in this
Contract, or consultation and discussion needed on project issues. Consultation
will be provided with the City to resolve design related issues and ensure the
progress of the project. The meetings and consultation allows adequate
communication with the City to allow input and feedback during the process. This
task will also include telephone conferences necessary with the same parties for the
above- mentioned purposes. RBF has budgeted for 4 City meetings, and
approximately 40 man-hours towards this overall effort. Additional meeting
attendance and consulting services will be completed, if required, on an hourly
basis for an additional fee with the approval of the Client
Task 3.13 Army Corps of Engineers 404 Permit Application
Assuming the Project will require a Nationwide Permit:
RBF will prepare a submittal package for an ACOE Permit to satisfy the
requirements of Section 404 of the Clean Water Act. It is assumed under this task
that authorization to proceed from the ACOE can be achieved by participation in
the ACOE Nationwide Permit (NWP) Program. Nationwide Permit refers to a
type of general permit, which authorizes typical activities (e.g., basins) on a
nationwide basis. The submittal package will include: a) Department of the Army
Standard Form, b) vicinity maps, c) project description, d) jurisdictional
delineation report, e) biology report (provided by the client), f) cultural resources
report, g) geology report (provided by client), and h) site photographs.
MFProposal ■ Buck Gully Erosion Control Project Page 7-2-0
City of Newport Beach
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Task 3.14 Regional Water Quality Control Board 401 Water Quality
_. Certification Application
RBF will prepare a submittal package to the Santa Ana RWQCB for a Water
Quality Certification to satisfy the requirements of Section 401 of the CWA This
Certification is necessary prior to issuance of the ACOE permit in order to verify
that State water quality standards have been met. The submittal package will
include: a) 401 Certification Form, b) copies of the ACOE /CDFG /CCC Permit
Applications, c) vicinity maps, d) CEQA Document, and f) site photographs. This
task does not include the permit -filing fee pursuant to the RWQCB's October 2003
Fee Schedule (fees based on total project impacts).
Task 3.15 California Department of Fish and Game 1602 Streambed
Alteration Agreement Application
RBF will prepare a notification package for a CDFG 1602 Streambed Alteration
Agreement (SAA) to satisfy Section 1600 -1616 of the California Fish and Game
Code. The submittal package will include: a) Notification Form, b) Project
Questionnaire, c) copies of the ACOE/RWQCB /CCC Applications, d) vicinity
maps, d) CEQA Document, and e) site photographs. This task does not include
the permit - filing fee, which is anticipated to be approximately $1,390.50, depending
on the construction cost of the proposed project.
Task 3.16 California Coastal Commission Coastal Development Permit
Application
RBF will prepare a Coastal Development Permit (CDP) application package in
accordance with requirements of the California Coastal Commission. A CDP, or
Exemption Letter, is required for the ACOE NWP and must be obtained prior to
construction activities. The submittal package will include: a) Standard
Application with attachments, b) copies of the ACOE/RWQCB /CDFG
Applications, c) vicinity maps, e) CEQA Document, f) Project Feasibility Analysis,
and g) site photographs.
Task3.17 Resource Agency Permit Application Processing
RBF shall provide regulatory services for the processing of the permit applications
through the ACOE, RWQCB, CDFG, and CCC. The processing shall include
required correspondence or telephone calls between the reviewing staff related to
the permit or points of clarification and coordination with the biological consultant,
if necessary. This item includes any meetings with the reviewing staff of the
resource agencies during the application review process. This task item includes
coordination associated with Section 7 Consultation via the ACOE and US Fish
and Wildlife Service (USFWS).
Proposal ■ Buck Gully Erosion Control Project Page 3-21
City of Newport Beach
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Geotechnical Scope of Work
RBF's geotechnical subconsultant, Kleinfelder, Inc., has broken it's scope of work
into two primary phases into: Phase 1: Data Review and Feasibility Study; and
Phase 2: Preliminary Geotechnical Investigation. The combined scope of work for
Phases 1 and 2 will culminate in the preparation of a preliminary geotechnical
report providing recommendations for design and construction of the proposed
Buck Gully Detention Basin.
Kleinfelder's proposed scope of work is tailored toward evaluating the subsurface
conditions in the area of the detention basin shown on Page 12 of the Feasibility
Study Report prepared by WRC Consulting Services, Inc., dated February 2005. If
Kleinfelder's preliminary geotechnical study shows that the proposed site is
unsuitable for construction of an earthen embankment and detention basin, its
stated scope of work will be terminated and HIeinfelder will provide
recommendations for additional work necessary to evaluate alternate sites.
Kleinfelder's proposed fee estimate assumes that it will provide recommendations
for design and construction of the detention basin at the designated site. The
following sections discuss Kleinfelder's proposed scope of services for Geotechnical
Phases I and II:
Geotechnical Phase I - Data Review and Feasibility Study
(1) Data and Aerial Photograph Review
Keinfelder will research the files at the City of Newport Beach and /or the County
of Orange in an attempt to locate reports of preliminary investigation and reports
of grading for the neighborhoods adjacent to the Buck Gully detention basin site.
If available, these reports will be reviewed for data relating to strike and dip of
bedding planes, joints and shears; location and thickness of man made fills; and
type and consistency of soil and bedrock units. In addition, HIeinfelder will review
published geologic data regarding the site vicinity. These data will be reviewed to
assist in the evaluation of the suitability of the proposed detention basin location.
Historical stereo -pairs of aerial photographs of the site will be identified, ordered,
j and reviewed covering the period from the early 1960s to the most recently
available aerial photographs. Stereo pairs of aerial photographs will be analyzed to
review past site activities such as utility, residential fill construction, streambed
revetment, installation of grade control structures, and installation of utilities.
HIeinfelder will follow up the data review with a reconnaissance of the site to
observe the site conditions relative to the proposed construction.
Proposal ■ Buck Gully Erosion Control Project Page 3 -11
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(2) Feasibility Study
Based on Meinfelder's data and aerial photograph review, a brief summary letter
will be prepared. The letter will describe the data obtained during our review and
s the potential issues that arise relative to the existing data. Attached to the letter
will be a boring location map showing the proposed locations of the field
exploration points based on the results of the data and aerial photograph review.
This map will be submitted to the City at a meeting to discuss the proposed field
exploration program. If the proposed scope of the field exploration (based on the
Geotechnical Phase I work) exceeds what Meinfelder has proposed herein, a
discussion will be initiated to negotiate an adjustment to fee. HIeinfelder's
currently proposed field exploration plan is presented as Figure 1.
Figure 1
Geotechnical Phase II — Preliminary Geotechnical Investigation
(1) Permitting Assistance
Upon receiving approval to proceed with the Preliminary Design phase of the
overall project, Meinfelder will assist RBF with obtaining the environmental
permits necessary to drill the proposed soil borings at the site. It is assumed that
services related to permit assistance will consist of:
• Providing the boring location map prepared during Geotechnical Phase I;
• Providing ingress and egress routes to each boring location;
Proposal ■ Buck Gully Erosion Control Project Page 3 -13
City of Newport Beach
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• Providing a schedule of the proposed field services; and
• Providing proposed equipment specifications.
Kleinfelder understands that the field exploration may not begin until it has
received the appropriate access permits.
(2) Field Exploration
The following field investigation program is proposed to evaluate the geotechnical
and geologic conditions at the site for design of the project.
Geologic Map)mg: The purpose of the geologic mapping is to collect field data
that will help to define the location of man made fill and other geologic units that
will impact the design of the Buck Gully detention basin. In addition, Kleinfelder
will attempt to locate and evaluate the fault that trends near the dam site as shown
on published California Division of Mines and Geology maps (S. Tan and W.
Edgington, 1976). The data collected in the field will be added to the Geotechnical
Map and presented in the preliminary geotechnical report.
Geophysical Exploration: Meinfelder proposes to perform a seismic refraction
survey along the centerline of the proposed embankment and the alignment of the
_ proposed reinforced concrete box outlet structure to delineate geologic layering at
the site. The seismic refraction lines will be overlapped to allow enough seismic
line length to achieve full alluvium resolution beneath the dam and develop a
bedrock profile at the base of the alluvium. The seismic refraction survey should
be capable of defining the thickness of alluvium, and may be able to demarcate the
contact between man made fill and the underlying bedrock surface. The data will
be used in conjunction with the proposed soil boring data to measure the thickness
of fill and alluvial sediments for use in recommending a remedial grading program
for construction of the embankment.
Field Exploration — Embankment and Detention Basin: HIeinfelder proposes to
use bucket auger drilling equipment to evaluate the subsurface soil and bedrock
conditions in the vicinity of the proposed embankment and detention basin. The
scope of work includes drilling four borings along the centerline of the proposed
embankment and two borings upslope from the right (north) abutment. The
purpose of these two additional borings is to evaluate the thickness and
configuration of the man made fill slope that supports the residential development
to the north. Two additional borings will be drilled along the terrace drain to the
east of the embankment to evaluate whether the man made fill extends into the
basin below the limit of the 100 -year flood pool. Kleinfelder also proposes to drill
two borings within the natural ridge on the north side of the gully east of the
proposed embankment, in what appears to be a possible on -site borrow area for
the embankment.
Proposal ■ Buck Gully Erosion Control Project Page 3 -24
=oa��•.� City of Newport Beach
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For sequencing, HIeinfelder proposes to drill the right abutment borings first to
evaluate the thickness of fill, if any, in that abutment. If it appears that preparation
of the abutment would intersect the neighborhood fill slope, the abutment may
need to be moved, thereby affecting the remaining boring locations.
HIeinfelder anticipates that the borings for the embankment will be drilled to
approximate depths of 40 to 50 feet, and the borings east of the embankment to
approximate depths of 20 to 30 feet. The depth of the borings may need to be
adjusted in the field based on the conditions encountered. All but two of the
bucket -auger borings will need to be drilled with track - mounted drilling equipment
due to the difficult access conditions. The remaining two borings will be drilled
using standard truck - mounted drilling equipment. Mcinfelder will collect bulk soil
samples throughout the depth of the borings and relatively undisturbed drive
samples at changes in soil or rock type or five -foot intervals. Samples will be
capped, labeled, and transported to its laboratory in Irvine for subsequent
laboratory testing.
At the completion of drilling and sampling operations, the borings will be logged
downhole by an engineering geologist, if it is safe to do so. The purpose of the
downhole logging is to observe the contacts between geologic units, identify and
measure bedding and joint attitudes, and look for evidence of slip planes and
shears in the bedrock materials. A log of the soil and bedrock features will be
prepared by the geologist and included in the final report. At the completion of
logging, the soil borings will be backfilled with the excavated cuttings. Compaction
of the soil cuttings will be performed using a tamper on the end of the kelly bar.
Field Exploration — Grade Control Structures: To provide support to RBF for the
evaluation of scour potential in the vicinity of the proposed grade control
structures, HIeinfelder proposes to collect soil samples from ten locations within
this area of the project site. Up to two samples will be collected at each of the
locations selected by RBF to a maximum depth of five feet below the ground
surface. Because these sampling locations are within the marsh area at the outlet
of Buck Gully, the samples will be collected using a hand auger. Samples will be
stored in plastic bags and transported to our Irvine laboratory for subsequent
testing.
(3) Laboratory Testing
Laboratory testing is proposed for both soil and rock samples. The laboratory
testing program will be dependent in part on the type of materials encountered in
the subsurface exploration. HIeinfelder anticipates the materials encountered will
consist of alluvium, colluvium, and artificial fill consisting of silty sand, clayey sand,
and clay with varying quantities of gravel and cobbles. Weathered and relatively
unweathered bedrock (Monterey Formation) will also be encountered in the
abutments and underlying the alluvium.
WFProposal ■ Buck Gully Erosion Control Project Page 3 -25
=o�s�«-6 City of Newport Beach
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The laboratory testing program for soil materials will be developed to evaluate the
engineering properties of the embankment foundation soils for use as embankment
fill. Tests to be performed on bulk and relatively undisturbed soil samples include
-" moisture content and dry unit weight, grain -size distribution, Atterberg limits,
organic content, and preliminary corrosion potential. Remolded samples of
alluvial material proposed for embankment and foundation iill will likely be tested
for three point unstaged direct shear and unconsolidated undrained triaxial shear
with pore pressure measurements. Samples collected for the scour analysis (grade
control structures) will be analyzed for grain -size distribution. The number and
type of laboratory tests to be performed will be determined based on the type of
soils encountered in our investigation.
(4) Seismic Hazard Analysis
The purpose of the geologic and seismic evaluation is to identify and assess
_ potential geologic hazards at the proposed site in accordance with the
requirements for such studies as outlined under the California Code of
Regulations, Title 24, 1998 CBC; CDMG Note 42 (Guidelines to Geologic/Seismic
_ Reports); CDMG Note 44 (Recommended Guidelines for Preparing Engineering
C Geologic Reports); CDMG Special Publication 42 (Fault- Rupture Hazard Zones
-a in California); and CDMG Special Publication 117 (Guidelines for Evaluating and
_ Mitigating Seismic Hazards). In addition, our seismic hazards evaluation also
includes development of site - specific ground motions (peak ground accelerations)
for the proposed site by using a seismic source model based on proximity to active
_ faults, major historical earthquakes, regional seismicity, and subsurface soil
j conditions at the site.
Specific scope of services will consist of the following:
A. Seismic Hazard
Review available information regarding the faulting and seismicity of the
region to develop the seismic source model for the analyses.
Review available pertinent geological and soil information to develop a
representative soil profile for the site and to estimate the site classification
in order to use appropriate attenuation relationship in the analyses.
Perform a probabilistic seismic risk analysis for the proposed site to
establish a peak ground acceleration for the Upper Bound Earthquake
(UBE) in accordance with the requirements of Title 24 1998 CBC § 1634A
for seismic design. The UBE is defined as a ground motion having 10
percent probability of exceedance in 100 years (return period of about 950
years).
Discussion of near fault factors on structural design.
FMFProposal ■ Buck Gully Erosion Control Project Page 3 -26
=ate- ==rN6 City of Newport Beach
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GtIFOAy�t
B. Geologic Hazard
• Research and review of available geologic, geotechnical and seismologic
s publications and maps covering the site and vicinity including the California
-,� Alquist -Priolo Earthquake Fault Zones map of the area.
• A geologic reconnaissance of the site by an engineering geologist to observe
and map pertinent surface features indicative of possible geologic hazards.
• Evaluate the researched data and prepare a discussion with conclusions
regarding possible geologic hazards affecting the site and the proposed
°°. project.
Meinfelder's geologic and seismic findings and conclusions will be included in the
preliminary geotechnical report.
(5) Geotechnical Engineering Analyses
The data obtained from the data review, geologic mapping, geophysical survey,
field exploration, and laboratory testing program will be evaluated in light of the
proposed construction, and specific geotechnical engineering analyses will be
performed to assist in the preparation of design recommendations for the proposed
embankment and appurtenances. Specific engineering analyses to be performed
for the embankment and detention basin include:
• Design of embankment fill section including zonation (if necessary) and
drainage, as required based on material availability and proposed detention
time;
• Evaluation of the compatibility (filter criteria) between various
embankment fill zones, if used;
• Evaluation of the potential for compression /collapse of alluvium to be left
in place below the embankment (if any);
• Evaluation of liquefaction potential of alluvium to be left in place below the
embankment (if any);
• Evaluation of seepage potential through, under, and/or around the
proposed earthen embankment;
• Evaluation of the stability of temporary excavation slopes; and
Evaluation of the stability of the embankment slopes under static,
pseudostatic, and rapid drawdown conditions;
(6) Geotechnical Report
The results of the field exploration, laboratory testing program, and engineering
and geologic analyses will be presented in a written preliminary geotechnical
investigation report along with conclusions and recommendations regarding
suitability of the site for construction of the proposed project. The report, which
i
j Proposal ■ Buck Gully Erosion Control Project Page 3 -27
7 City of Newport Beach
Ah
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will be prepared and signed by a registered Geotechnical Engineer and Certified
Engineering Geologist, is anticipated to include the following items:
• A vicinity map showing the location of the project site;
a, • A geologic map showing the approximate locations of borings and seismic
refraction survey lines as well as geologic contacts and surface features;
• Logs of all borings drilled during this investigation;
• Results of the laboratory testing program;
• Cross - sections through abutments and axis of the embankment,
perpendicular through the embankment at the RCB outlet and/or
maximum section, and through other areas of geologic interest;
• A summary of the geologic and seismic hazard analyses including a
discussion of the site and regional geologic conditions, regional faulting,
and liquefaction potential;
• Results of the slope stability analyses;
• Recommendations for site preparation, remedial grading, earthwork, and
compaction requirements; and
• Recommendations for embankment construction including compaction
levels, recommended gradation, required materials, and suitable temporary
j and permanent slopes.
a
(7) Consultation with Design Team
Based on Kleinfelder's experience with several similar projects, a significant
amount of communication typically occurs between the geotechnical engineer and
the civil engineer. Kleinfelder anticipates that the primary areas of coordination
a will be in the design of the embankment (zonation) and the safe inclination of
permanent bedrock cut slopes. A budget of 40 man -hours for team meetings,
design discussions, and consultation both with the project team and the City has
been established for this purpose.
Additional Scope and Fees for Agency Review
The additional cost that will be incurred by the involvement of the City and their
review consultant in the project is very difficult to estimate and is largely dependent
upon the results of the proposed subsurface investigation work and laboratory
testing. The City (or their consultant) will likely review and comment on the
geotechnical report and could request that additional work be performed to
address their concerns. Modifications to the scope of work proposed herein due to
requests from the City are not included in our proposed fee.
Proposal ■ Buck Gully Erosion Control Project Page 3 -28
City of Newport Beach
m
To help facilitate a cooperative effort, Kleinfelder plans to meet with the City at
the site prior to beginning field exploration. This cooperative effort will help to
reducee the potential for significant additional work and therefore do not anticipate
a substantial potential for additional field exploration or laboratory testing work.
They may also require that additional laboratory testing be completed based upon
the results of our initial laboratory testing program. Although Kleinfelder has tried
to anticipate such costs, responding to review comments from the City may take
- some additional effort beyond that which has been allocated in this proposal.
K
.j
Assumptions
• Meinfelder will be provided unrestricted access to the project site during
normal working hours. Drilling may commence at 7 AM and continue until
5 PM, Monday through Saturday.
• Drilling permits are not required from the Orange County Health Care
Agency. If permits are required (borings entering groundwater), they will
be obtained after drilling is completed for an additional cost.
• The scope of work included within our fee estimate does not include any
efforts in connection with the discovery of potential contamination during
our sampling operations. In the event that such material is suspected, we
will notify you for direction before proceeding on any out -of -scope services.
• The scope and fee presented herein covers design of the embankment and
detention basin at the location shown on Page 12 of the Feasibility Study
Report prepared by WRC Consulting Services, Inc., dated February 2005.
If the embankment cannot be constructed at the current location and an
alternate site needs to be evaluated, additional fees will need to be
negotiated.
• Four copies of the geoteehnical report will be delivered via regular US
Mail. Additional copies of the report can be provided for an additional fee.
Environmental Scope of Work
RBF will obtain, compile, review and analyze relevant environmental data available
to determine the potential environmental issues related to the construction and
maintenance of the Buck Gully Erosion Control project.
A. Environmental Studies
(1) Habitat Mitigation Monitoring Plan
Compensatory mitigation for impacts to jurisdictional areas or functions and
values is a fundamental component of the applicable regulatory programs.
Mitigation can take several forms. It can consist of 1) avoidance or
minimization of impacts, 2) compensation in the form of habitat creation, or 3)
compensation through participation in a mitigation bank. RBF has retained
BonTerra Consulting to prepare and coordinate a habitat mitigation-
Proposal ■ Buck Gully Erosion Control Project Page 3.29
City of Newport Beach
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—1 Noise - The IS/MND will evaluate the project's potential noise impacts upon
adjacent land uses. Discussion will include a qualitative construction- related
and operational noise associated with the proposed detention basin. As this is
—' not anticipated to be a major issue, a separate technical report is not proposed.
Air Quality - The IS /MND will evaluate construction- related and operational
emissions associated with the project, in accordance with SCAQMD's CEQA
Air Quality Handbook (a separate technical report is not proposed).
Biological Constraints Survey - This will be based on the Biological Constraints
Survey previously conducted for the proposed project.
}
Cultural Resources — CRM Tech will prepare a preliminary Cultural Resources
Assessment. Due to the fact archaeological resources are often concealed or not
® always evident, CRM Tech will obtain an archaeological and historical resources
records search for the project area. The records search will provide information
on known cultural resources and on previous cultural resources investigations
within a one -mile radius of the proposed project alignment. Data sources that
will be consulted include archaeological site and artifact records, historic maps,
reports from previous studies, and the state's Historic Resource Inventory
(HRI) for Orange County, which contains listings for the National Register of
Historic Places (NRHP), California Register of Historic Resources (CRHR),
California Historical Landmarks (CHL), and California Points of Historical
Interest (CPHI) properties.
Preliminary Hazardous Materials Assessment - RBF will review federal, state
and local agency records regarding known hazardous material sites/handlers.
All identified sites, typically within a one -mile radius, will be listed within the
Preliminary Hazardous Material Assessment. RBF will observe, inspect and
report on the site. RBF will identify any obviously stressed vegetation, evidence
of waste discharge or collection, fill materials, sink holes, wells, etc.
Recommendations will identify, if necessary, the need to perform surface or
subsurface exploration, sampling and laboratory testing in order to quantify the
actual absence or presence of hazardous materials. This task specifically
excludes soil /groundwater testing and /or laboratory analysis.
(2) Draft and Final Mitigated Negative Declaration
This Scope of Work assumes one (1) screencheck review of the Initial Study by
the City. The City acting as the Lead Agency, will utilize the Initial Study to
make a determination as to the anticipated environmental impacts of the
Project. Informal responses to public comments will be prepared following
completion of the public review period for use by the City (it is assumed that the
IS/MND will not require revision or re- circulation): RBF will formulate and
prepare a mailing list (responsible public agencies, affected property owners and
Proposal ■ Buck Gully Erosion Control Project Page 3 -31
City of Newport Beach
property occupants) and mail up to twenty (20) copies of the IS/MND. Copies of
_ ! the Notice of Availability (NOA) will be mailed to property owners and
occupants within 300 feet of the project limits.
(3) Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program will be defined through
working with the City to identify appropriate monitoring steps /procedures in
order to provide a basis for monitoring such measures during and upon Project
implementation, in compliance with CEQA procedures.
(4) Meetings
RBF will attend one (1) Pre - Design Meeting and one (1) public meetings. RBF
can attend additional staff meetings or public hearings on a time and materials
basis.
This scope of work assumes that RBF will provide the City with five (5) copies of
the screencheck initial study, two (2) copies of the "check copy" Draft Initial
Study, up to twenty (20) copies of the Draft Initial Study/Negative Declaration,
and five (5) copies of the Final Initial Study, Negative Declaration and
Mitigation Monitoring and Reporting Program. RBF will provide all additional
reproductions in addition to the contract amount at direct cost.
OPTIONAL
Optional Task 1 Control Survey and Property Line ReXarch and
As an optional task, F can review the preliminary tle reports for each of the
subject lots as furnished the City and conduct r arch with the County of
Orange, City of Newport ach and local agen ' s to obtain recorded maps and
documents pertaining to the Vement d survey monumentation. Prior to
performing the field survey, th with the City Surveyor to ascertain
performance guidelines and rd surveying will be performed to tie
and adjust the ex isting local pm to the published horizontal and
vertical control.
Field investigation will include v tficatioi of
monumentation to support the nal bound
Additional survey measure ents and analysis
accuracy of the existing t ographic mapping,
needed to define the facility locations.
the sufficiency of existing survey
determination survey.
be performed to test the
�,to tie pertinent improvements as
Proposal ■ Buck Gully Erosion Control Project page 372
City of Newport Beach
t
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Optional Tas \fore ent Preservation
This optional nclude locating, tie out and
Corner Recorsting monumentation tha
construction pcompletion of construc 'on improvementBF will r e -set the stroy post - construce rds.
Optional Task 3 Legal Desci
Legal descriptions and exhibit
- w acquisitions between the City;
acquired will range from temp
access easement, the vacati
items as may be needed t co
1
1.
Exhibits
paring pre- construction
be destroyed during the
and acceptance of
monumentation and file
be prepared for use in property rights
ers. The type of property rights to be
tr tion easements to drainage easements,
of existing ease ent no longer necessary and others
con subject pro ct.
Opti/geoteical E ineering Services During Co ruction
Shousire services during construction, the F Team can provide the
civil cal engineering support services durig e bdding and cons the project improvements. All services are su 'ect to the request,
direchorization of the City. RBF would act in a sup rting role to the
City b professional services on an as- needed basis.
Proposal ■ Buck Gully Erosion Control Project Page 3 -33
City of Newport Beach
J I
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Professional Fees Estimation
RBF 2005 Rate Schedule
Teem Memhor Illourly Rale
Pnncipa".0harye 200
Prolacl Dimcror 175
S[ Engineer 135
Design Erujineer Endmn Specialist IDS
D pflenCADD Envlran Analyst 94
Structural Engineer 152
Cled"1 50
Surety C. (2man) 200
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Buck Gull, '..al. Page 1 of 5
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CONSII LTING
Professional Fees Estimation
RBF 2005 Rate Sehedule
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Estimated Manhane
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DerA.1CAOD Environ Ahalvst W
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Clcdcal 50
Solve, crew (2 -man) 200
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$590
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0
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32
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9160
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$7.180
68
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0
1
5 20
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$5.080
36
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4
$430
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0
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4 12
$2.010
17
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$2:140
15
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I
4500
2.10 P.Hohroh, Oventil and C.M Estimate
i 0
'1
0 28
0
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$3740
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2 16
S2,000
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£1.740
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0
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.Bock GuMv lees.als Page 2 of 5
E
CONSULTING
FaW
Professional Fees Estimation
-' " ;: RBF 2005 Ha1c Schedule
Town Member lHoudy Rule
MEpnpirvGM1arz�c 200
-_.
P.ica Gloet., 175
Sr. Engineer 135
Occl, E,Iceer EhN.. Specialist Ice
DMOedCACp Environ Amlycl 94
Suucmlal EMineer 152
Cledral 50
..'Cm, (2 man) 200
Go doc Ar fA 00
Buck Gully(MoSAN Page 3of5
11
u
GONSIJLTIWNG
Professional. Fees Estimation
aeF 2005 Rale scneaule
Taam.Member - R.I.
-
Principal-ir.CFerzJe
Prtpep Di.l.,
, EnOinee�
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Design EnGinear Envlronsva6.liat
180
Dmftencnoo EntiMn 9nalyu
st.mml C., me,
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Survey Crew (2 -man)
Gm hi.4rna
suc GullyIn, xis P., �of5
CONSIJ I_TING
Professional Fees Estimation
_ RBF 2005 Rare Schedule
Ter.Membe, IllourlyRale
- -
PnneiPaW.-charge. 20C
Punier, onelCr i)5
-
Sr. Engineer, 135
Design Engineer Bovlmn5peclalirl 109
oraWCAoo .&i@mn Anaiy5i 9a
Shuclural engipeei 152
Cletlral 50
Survey Crew (2 -man). 200
Cm Megtlin( &G
Buck Cully ft eeAs P., 5 of
r •
HOURLY RATE SCHEDULE
Effective January 2005
OFFICE PERSONNEL
$ / Hr.
SeniorPrincipal .............................................................................
............................... ........................$215.00
Principal.......................................................... ...............................
.4.....4.....4................. .........................195.00
ProjectDirector ...............................................................................
............................... .........................175.00
ProjectManager .............................................................................
............................... .........................152.00
StructuralEngineer .........................................................................
............................... .........................152.00
ElectricalEngineer .........................................................................
............................... .........................134.00
Senior Engineer /Senior Planner .....................................................
............................... .........................135.00
LandscapeArchitect .......................................................................
............................... .........................123.00
Project Engineer /Project Planner ...................................................
..................:............ .........................116.00
Environmental Specialist.. ........................... .............................
4 ...................................................... ..... 112.00
CorrosionEngineer ........................................................................
............................... .........................112.00
Design Engineer /Senior Designer/ Mapper .....................................
............................... .........................108.00
Designer/ Planner .............................................................................
....................4.......... ..........................94.00
GISAnalyst ......................................................................................
............................... .........................:90.00
GraphicArtist ...................................................................................
............................... ..........................80.00
Environmental AnalysUStaff Planner ...............................................
............................... ..........................80.00
DesignTechnician ...........................................................................
....................4.......... ..........................78.00
AssistantEngineer / Planner .............................................................
............................... ..........................74.00
Engineering Aid/Planning Aid ..........................................................
.................4............. ..........................60.00
FIELD PERSONNEL
2- Person Survey Crew .................................................................
............................... .......................:$200.00
1- Person Survey Crew ..........................................................................................
............................... 145.00
FieldSupervisor ...........................................................................
............................... .........................138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager. ............................. 4 ...........................................................................................
$150.00
Resident Engineer/Project Manager ...............................................
............................... .........................127.00
Senior Construction Inspector .........................................................
............................... ..........................98.00
Construction inspector ....................................................................
............................... ..........................95.00
FieldOffice Engineer .......................................................................
............................... ..........................90.00
Construction Technician ..................................................................
............................... ..........................78.00
THER SERVICES AND FEES
PermitProcessor ...................................................................................................
............................... $95.00
Cledcal/Word Processing... ........................... ............................................
......................... ................. 50.00
Consultation Relative to Legal Actions ..........................................
............................... .........................270.00
VehicleMileage ............................................................................
............................... ......................0.50 /mile
Note:
BNtopdating. reprodtmbon, messenger service and otter dinrdexpenseswn be charged as an addigonal cost plus 15%. ASeb-c Kartn4ana9ennrdrraa
offifteen- pement (15%) will be added to fine direct cos[ of all subconsubant serviceato provide for the mst Ofadrtrinisiration. subconsAwf consubtionand
insurance.
OCT i 12005
. • C -3t�ll
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
October 11, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 -644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: BUCK GULLY DETENTION BASIN AND GRADE CONTROL SYSTEM -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING
RECOMMENDATIONS:
Approve a Professional Services Agreement with RBF Consulting (RBF), of Irvine,
California, for design and permitting services at a contract price of $415,157 and
authorize the Mayor and City Clerk to execute the Agreement.
2. Approve a .Budget Amendment appropriating $16,157 from General Fund 7014 -
05100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100815.
DISCUSSION:
As part of the Newport Coast Watershed Program, the City hired WRC Consulting
Engineers, using Prop. 13 funding, to prepare a conceptual plan to address the serious
erosion occurring in various reaches of the canyon, most noticeably near the mouth of
Buck Gully where headcutting has created a 12 -foot waterfall and scoured the west
bank of the canyon. Based on the recommendations of this report, a Request for
Proposals was sent to qualified consultants to provide design and permitting services
for:
1. A detention facility in upper Buck Gully to reduce the 100 -year peak to a 10 -year
frequency level.
2. A grade control system near the mouth of Buck Gully consisting of a series of
drop structures.
3. Revegetation of the areas behind the grade control system.
Seven firms were invited to submit proposals; four firms responded to the City's
request:
• Hall & Foreman, Inc.
• RBF Consulting
• Tettemer & Associates
SUBJECT: Buck Gully Detent sin & Grade Control System — Approval of Profes Services Agreement with RBF
October 11, 2005
Page 2
• WRC Consulting Services
The proposals were independently reviewed by three engineers in the Public Works
Department to evaluate each firm's qualifications, past experience on similar projects,
and availability before ranking RBF the highest. Upon selection, staff negotiated with
RBF to provide the necessary scope of services for a fee of $415,157. RBF has
completed design and permitting services competently and professionally on similar
projects for other local.agencies in Southern California.
The scope of the professional services will include:
• Preparing environmental documents
• Conducting a geotechnical investigation
• Preparing preliminary plans for the detention basin and grade control system
• Performing hydrologic and hydraulic analyses
• Preparing final design drawings and specifications
• Preparing and processing permit applications with the Corps of Engineers,
Regional Water Quality Control Board, California Department of Fish and Game
and the California Coastal Commission.
• Preparing landscape restoration plans
Funding Availabilit:
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following accounts for the project. The $155,157 from the General Fund includes
$139,000 -in the approved FY05 /06 Capital Improvement Plan with the remaining
$16,157 appropriated as a Budget Amendment per Recommendation No. 2 of this
Council Memo.
Account Description Account Number Amount
Contributions 7255- C5100815 $260,000
General Fund 7014- C5100815 $155,157
Total: $415,157
Environmental Review:
A previously prepared biological assessment of the detention basin area determined
that 0.80 acres of riparian and wetlands areas will be impacted and will require
mitigation. RBF will use this biological assessment as a basis for preparing an
environmental document as one of its tasks under this contract.
Prepared by:
Robert SteirY, P.E.
Principal Civil Engineer
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR THE BUCK GULLY DETENTION BASIN
AND GRADE CONTROL SYSTEM PROJECT
THIS AGREEMENT is made and entered into as of this _ day of ,
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and RBF Consulting, a corporation whose address is 14725 Alton Parkway,
Irvine, California, 92619 -7057 ( "Consultant "), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to construct a detention basin in Upper Buck Gully and a grade
control system at the mouth of Buck Gully for erosion control and canyon
stabilization purposes.
C. City desires to engage Consultant to prepare construction documents, prepare
and process environmental documents, and prepare and process agency
permits applications ( "Project").
b. 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 the Project, shall be John
McCarthy, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the _ day of 200_, unless terminated .earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. 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 parry hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4.. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule' of
Billing Rates attached hereto as Exhibit Band incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement; including all reimbursable items and subconsultant fees, shall not
exceed Four Hundred Fifteen Thousand, One Hundred Fifty -Seven and
00/100 Dollars ($415,157.00) without additional authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
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A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John McCarthy to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel .to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E., shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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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.
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
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performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project, -
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
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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.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change (10 day written notice
for nonpayment of premium). 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
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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
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.
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15.
16.
17.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City (10 day written notice for nonpayment of
premium).
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.
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.
SUBCONTRACTING
City and Consultant agree that subconsultants maybe used to complete the work
outlined in the.Scope of Services. The subconsultants authorized by City to
perform work on this Project . are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such. subcontractor other than as
otherwise required by law. 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.
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.
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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 drawings shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by. City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg° file format on a CD, and should comply with
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.
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21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shaft not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the. additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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26. CONFLICTS OF INTEREST
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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: Robert Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949- 644 -3322
Fax: 949- 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: John McCarthy, P.E.
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
Phone: 949 - 472 -3505
Fax: 949 -472 -8373
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
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steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
12
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unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
RBF CONSULTING:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F:HISERSWBWShared4Agreements%FY 05-061RBF -Buck Gully Detnetion Basin C-3811.doc
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• EXHIBIT A • ���R,
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3.4 Scope of Work
�.. Design of the erosion control project in Buck Gully will proceed in three
_ s phases: (I) Research and Investigation; (II) Preliminary Design; and
(III) Final Design; Environmental Review, and Permitting. Each task
includes the project management time needed for that task. The number
_j of meeting with City staff, agencies or the community is identified for each phase
of the project.
Phase I — General Plan and Preliminary Design Report
Task 1.1 Base Data Review
RBF will review available data, plans, studies and information prepared to date for
Buck Gully. The following information will be consulted:
City's Newport Coast Watershed Contract with RWQCB
J Buck Gully Detention Basin Feasibility Study
• Biological Report
s •. Previous watershed hydrology studies
Existing floodplain mapping
• Adjacent development planning studies
• • Property Ownership /Assessor Parcel Maps
i • Existing geologic mapping .
.Proposal ■ Buck Gully Erosion .Control Project Page 3 -10
= =•a�� *•� City of Newport Beach
The purpose of the review is to identify opportunities and constraints related to the
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proposed Buck Gully Erosion Control project.
Task 1.2 Initial Site Constraints and Concept Design Evaluation
Perform a preliminary evaluation of the proposed site and conceptual designs to
determine if there are any existing critical constraints or fatal project issues that
e
would preclude utilizing the proposed site locations based upon the existing
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database of information determined in Task No.1.1. The objective of this analysis
is to determine potential project eliminating constraints prior to initiating the
preliminary design phase, and review potential alternative configurations. These
constraints could potentially be existing fault locations, landslides, buttress fills,
easements, environmental issues, property ownership, or right -of -way issues.
Task 1.3 Delineation of Jurisdictional Waters
Perform a jurisdictional delineation (JD) to determine jurisdictional "waters of the
1
United States" (including wetlands), and "waters of the State," located within the
j
boundaries of the project site. The JD will result in:
.Proposal ■ Buck Gully Erosion .Control Project Page 3 -10
= =•a�� *•� City of Newport Beach
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A. A determination of the US Army Corps of Engineers' (ACOE) ordinary high
_ water mark (OHWM) and indicate the existence of any three (3) parameter
wetlands on -site. The actual presence or absence of wetlands on -site will be
verified through the determination of the presence of hydrologic conditions,
hydrophytic vegetation, and hydric soils pursuant to the 1987 US Army Corps
of Engineers' Wetland Delineation Manual;
B. The California Department of Fish and Game's (CDFG) jurisdiction shall be
identified via the top of bank of the on -site streambed or to the outer drip line
zi of riparian vegetation (if present);
C. In cases where isolated conditions are present, the JD will indicate areas under
the jurisdiction of the California Regional Water Quality Control Board
i (RWQCB); and,
K D. A determination of the existence of any one (1) parameter wetlands on -site
l that are associated with California Coastal Commission �C jurisdiction.
(
The actual presence or absence of State wetlands on -site will be verified
5 through the determination of the presence of any hydrologic conditions,
- hydrophytic vegetation, and/or hydric soils.
Once the project site baseline information is obtained, RBF will prepare a written
report discussing on -site jurisdictional areas. The JD will consist of the following
Sections: 1) Introduction and Purpose; 2) Summary of Regulations; 3)
Methodology; 4) Site Conditions; 5) Findings; 6) Required Regulatory Approval
Process; 7) References; and 8) Appendices.
RBF will incorporate one (1) comprehensive set of comments provided by the
Client and /or resource agencies into the JD. RBF will submit three (3) copies of
the Final JD to the client. Recommendations will identify, if necessary, the need to
pursue further resource agency consultation, and if sufficient project design is
provided, the anticipated permitting strategy for the project. Additional copies can
be provided under separate addendum.
Task 1.4 Pre - Application Field Meeting
RBF shall coordinate an on -site meeting with the ACOE, RWQCB, CCC, and
CDFG at the appropriate time to discuss potential permitting strategies available
for the proposed project alternative, including mitigation expectations. It is crucial
to obtain feedback from the regulatory agencies prior to the formal application
process. RBF has found these Pre - Application Field Meetings to be extremely
beneficial with regards to streamlining the permitting process and subsequent
mitigation. This task includes meeting coordination and the on -site visit.
fWProposal ■ Buck Gully Erosion Control Project Page 3-11
......T... City of Newport Beach
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Task 1.5 Project Feasibility (Alternatives) Analysis
A feasibility analysis will be completed based for up to four (4) engineering /
planning options discussed with and /or provided by the City. The analysis will
identify possible project options that could avoid, minim; e, or mitigate for impacts
caused by the proposed project while still accomplishing the objectives of the
project. The submittal package will include: a) vicinity map, b) project description,
c) jurisdictional impact analysis, d) site photos, e) alternative design options, and f)
feasibility fmdings/recommendations. The analysis is considered mandatory for the
_ CDP application process; the analysis will be submitted to all agencies for their
? review.
Task 1.6 Project Meetings and Consultation
RBF will attend project meetings and provide the coordination with City staff in
order to review the results of the research phase, and discuss alternative solutions
to meet the project objectives. Included in this work item is attendance at two (2)
project meetings; a kick -off meeting, and a meeting to discuss project
recommendations.
Phase II - Preliminary Design
Task 2.1 Initial Base Sheet Development
RBF will develop project base sheets and watershed maps utilizing existing digital
topography and transferring all additional information regarding surface culture . .
topography, legal boundaries, easements, and utilities. The base sheets compiled
will serve as the base information to develop the preliminary plans,
hydrology/hydraulic studies, and final construction documents.
Task 2.2 Watershed Hydrology and Sediment Yield
Evaluate the characteristics of the tributary watershed to the detention basin and
grade control structure site. Develop a unit hydrograph model utilizing the Orange
County hydrology procedures to model the -10-, 100-, and 500 -year inflow
hydrograph to the detention basin site for the tributary watershed. The previous.
studies and master plan of drainage for the City will be consulted for consistency of
the watershed model.
RBF will perform a sediment yield evaluation of the watershed to estimate the
potential sediment delivery from the watershed Sediment yield estimate will be
incorporated in evaluating the total volume requirements and the. dead storage
requirements. RBF will work with the City to identify an acceptable method for
estimation of the sediment yield prior to initiating the work. Procedures may
include the use of the COE LA District Method for Prediction of Debris Yield.
Calculations will be compared to other studies completed in the area.
Proposal ■ Buck Gully Erosion Control Project Page 3-12
City of Newport Beach
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Task 2.3 Preliminary Hydraulic and Scour Analysis
Provide engineering services to perform the Preliminary Hydraulic Analysis for
Buck Gully and the proposed drop structure improvements. The Preliminary
Hydraulic Analysis will include verification of existing floodplain hydraulics for this
portion of the creek starting with the model already developed by WRC Consulting
Services, and modified as necessary with information obtained from the research
and field survey. The existing and proposed floodplain hydraulics conditions will
be modeled utilizing the Army Corps of Engineers HEC -RAS analysis. Channel
geometric characteristics, such as conveyance cross- sections, roughness
coefficients, and encroachments, will be analyzed based on field cross - section
information and site inspections. Potential hydraulic constraints will be
investigated prior to analyzing proposed alternative designs.
The hydraulics of multi - frequency design flows shall be investigated and the
associated hydraulic impacts assessed to determine the level of flood protection
associated with the proposed improvements. The hydraulic analysis shall extend
adequate distance upstream and downstream from the proposed project to fully
evaluate the impacts.to the existing flooding. Average hydraulic parameters
generated shall be utilized for the scour and sediment transport analysis to
determine additional facility protection requirements. The scour analysis shall
incorporate aegradation and degradation tendencies associated with this portion of
the creek to be determined as part of Task 2.4. The scour analysis will determine
the scour parameters used in designing and locating the proposed drainage
facilities. In addition, the limits and extent of the required protection downstream
of each grade control structure shall be determined. Modifications to the
conceptual design shall be recommended.
Task 2.4 Streambed Stability and Sediment Transport Analysis
Based on the channel baseline engineering analysis for the watershed hydrology
and hydraulic conditions developed in the proceeding tasks, RBF will develop
alternatives for streambed and streambank stabilization for Buck Gully to be
maintained in a "natural' condition. These measures will provide control for in-
stream degradation or lateral bank migration. The analysis will be based upon the
preliminary stabilization measures developed in the WRC study. Stabilization
measures will focus maintaining the natural channel response in the canyon, and
identifying control measures that will achieve these conditions. Grade control
structures will focus on incorporating typical resource agency requirements and re-
establishing a stabilized natural stream system. The analysis will provide
recommendations for final design of structural streambank protection measures.
The analysis will identify the potential long -term and short-term modifications to
the channel streambed, potential stream impacts, and identify the areas of
potential lateral bank migration.
A pseudo sediment routing model, such as the Department of the Army's SAM
Hydraulic Design Package for Channels program will be used to develop the
lRWProposal ■ Buck Gully Erosion Control Project page 7-1-3
........ City of Newport Beach
term equilibrium slope for the channel. The SAM computer model is a fixed bed
_ model which is used to estimate sediment transport trends along the subject
channel. This analysis will be used to determine the need for grade control
'A structures and other channel stabilizing measures. The sediment inflow hydrograph
will be applied to the various sediment categories based upon the grain size
distribution. The estimated degradation and aggradation depths along the channel
profile will be plotted in profile. Sediment transport quantities as a result of the
model will be summarized.
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Results, findings and recommendations shall be submitted to the City for review
and approval. RBF will identify potential impacts and recommend additional
studies, as necessary, based on the results of the assessment.
_I
Task 2.5 Preliminary Basin Facility Layout
RBF will review and modify the preliminary layout of the basin embaulmzent and
grading requirements based upon the updated hydrologic routing analysis. Layout
will incorporate standard facility requirements as well as the exiting physical
requirements, including utilities. The initial basin layout will be utilized to develop
3
the reservoir characteristics to verify the hydrologic operation and optimization of
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the facility size.
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Task 2.6 Preliminary Detention Basin Routing Analysis and Facility Sizing
RBF will develop a hydrologic routing model for the detention based upon the
preliminary grading design and outlet structure - rating curve. Preliminary
estimates of the stage - outflow rating curve and the stage- storage rating cun�e will
be prepared based upon the proposed grading design and embankment
configuration. The stage - storage rating curve will utilize the information
developed in the preliminary grading design and the current topography. Dead
storage allowances will be included for a portion of the debris volume. An
optimization procedure will be performed to evaluate the detention storage
requirements and outlet confifin cation that best satisfies the objective. Preliminary
configurations of the detention basin outlet structures will be evaluated to size the
outflow device that will"provide the required attenuation at the 100 -year storm
frequency..
Spillway hydraulics will be evaluated based upon the recommended configuration,
including outlet structure /energy dissipater requirements. Various alignments will
be evaluated in order to determine the most cost effective system. A preliminary
water surface profile and hydraulics of the underground conveyance system for
both the principal outlet and the primary spillway will be prepared. Hydraulics
associated with these outlet facilities will follow the standard analysis procedures
outlined in the U.S. Army Corps publication EM 1110 -2 -1603, "Hydraulic Design
of Spillways."
Proposal ■ Buck Gully Erosion Control Project Page 3 -14
=ors.. .. City of Newport Beach
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Task 2.7 General Plan Exhibits - 30% Plan
Prepare plan view exhibits and illustrations for the recommended preliminary
design for the basin grading configuration and grade control facility locations.
Preliminary plan will be produced at an appropriate scale utilizing digital
topography-and reflect the current recommended design evaluated in the
preliminary engineering design phase. All the design information will be
summarized on the individual exhibits, including the: (1) results of the engineering
analysis, (2) facility sizes, (3) inundation limits, (4) alignment, (5) limits of grading,
(6) approximate elevations for facilities, (7) boundary information, and (8) access
requirements.
Illustrative exhibits will be prepared for the preliminary basin grading and
embankment configuration. The exhibits will include presentation quality
photorealistic- artistic renderings of the project site. The rendering shall combine
an artist depiction of the proposed structures superimposed over a photograph of
the project site.
Task 2.8 Restoration/ Landscape Concept Plan
RBF will prepare one presentation quality landscape concept plan for the project
-3 restoration. The plan shall be prepared based on site opportunities and constraints,
the requirements of the City of Newport Beach and input on the planting palette
from the project biologist. The goals of the plan will be to incorporate the
regulatory mitigation requirements in- stream, and include the drawings within the
final construction documents. The plan shall be prepared at an appropriate scale
f` in AutoCAD on a base map of the project site prepared by RBF. The plan shall
3 depict areas of exotic plant removal, areas to be re- vegetated and planting
concepts. The plan and a preliminary estimate of construction costs will be
submitted to the City for review, comment and approval.
It is assumed that re- vegetation can be achieved without the use of an automatic
irrigation system and the design of a system is excluded from this scope of work.
Task 2.9 Preliminary Technical Design Report
RBF will provide the engineering services for the compilation of a Preliminary
Technical Design Report to support the proposed detention basin and grade
control system facilities. The written report will serve as the technical
documentation for the drainage improvements. This report will include the
background for the hydraulics, hydrology, design criteria, constraints, assumptions,
references, and technical calculations that will be prepared in a suitable format
acceptable for review by the jurisdictional agencies.
Recommended modifications will be discussed with the City, and incorporated into
the final plans as necessary.
Proposal ■ Buck Gully Erosion Control Project page 3-13-
City of Newport Beach
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Task 2.10 Preliminary quantity and Cost Estimate - Phase II
-
Preliminary construction quantity estimate will be performed based upon the
proposed plan layout for the detention basin and grade control facilities.
Preliminary earthwork quantities will be based upon the information on facility
-'
exhibits and-information provided by the geotechnical engineer. A preliminary
construction cost estimate will be generated, and compared to established project
�`
budget.
Task 2.11 Project Meetings and Consultation - Phase II
9
RBF will attend periodic project meetings and provide consulting services related
J
to project coordination during this particular engineering phase. The purpose of
--
these meetings may include a review of the progress of work included in this
6
Contract, or consultation and discussion needed on project issues. This task shall
-
also include attendance at one (1) public review meeting_ Based on RBF's
experience, we feel it is important to have the engineer at the public meeting to
address comments. Consultation will be provided with the City to resolve
design/permitting related issues and ensure the progress of the project. The
meetings and consultation allows adequate communication with the City to allow
input and feedback during the design process. This task will also include telephone
conferences necessary with the same parties for the above- mentioned purposes.
RBF has budgeted for two (2) City meetings and one (1) public meeting, and
approximately 40 man-hours towards this overall effort.
Phase III - Final design Documents, Environmental Review, and Permits
The,proposed scope and fee included is based upon the preliminary
geometric requirements outlined in the original request for proposal.
' Deviations from the recommendations outlined in this document during
the final design may result in adjustments to the fee. Improvement plans
will be prepared at an appropriate scale and to City Standards in a digital
< format utilizing AutoCAD in English units. The basin plans will include the
detention basin grading, appurtenant facilities, roadways, and the outlet facilities.
The grade control plans will include structure locations, sections, minor grading,
access roadways, and landscape plans.
Task 3.1 Geotechnical Investigations
The RBF Team will prepare geotechnical investigations as necessary. Tasks
associated include data review, field exploration, laboratory testing, engineering
analyses, cut slope analyses, and the preparation of a geotechnical report. A
detailed scope of services is included in this Section that follows Phase III of our
Scope of Work.
Task 3.2 Environmental Studies /Documentation
The RBF Team will prepare environmental studies as necessary. Associated tasks
include data review to determine the potential environmental issues related to the
Proposal ■ Buck Gully Erosion Control Project Page 3 -16
City of Newport Beach
construction and maintenance of the proposed improvements. Potential
environmental issues may include: permitting, earth resources, paleontological
resources, noise, land use, public safety, hazardous waste sites and soil
contamination, recreation, aesthetics and potential indirect, growth inducing and
-; cumulative effects. A detailed environmental scope of services is included in this
Section that follows Phase III of our Scope of Work.
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Task 3.3 Topographic Surveys
RBF will collect field survey data for the design of the proposed improvements that
shall include the preparation of limited topographic base mapping through field
survey methods. In addition, stream cross - sections will be obtained at critical
locations. The field survey data will be compiled to develop a topographic base
1 map of the project area. Field survey information will also include surface ground
culture. The eidsting overgrowth of vegetation severely limits the ability to
efficiently survey the area; therefore, this task is a budget item based on 60 -hours
Of field survey time (2- person crew), should additional field survey /topographic
mapping be required, a separate addendum will be provided.
All topography shall be electronically field data collected and detailed on a
hardcopy backup and field notes.
Task 3.4 Detention Basin Grading Design
Prepare grading design for the detention basin site based upon the
recommendations if the Preliminary Technical Design Report. The grading design
will also incorporate the recommendations outlined in the geotechnical report'
regarding the embankment, abutments, and reconstructed slopes. The detention
basin grading will be generated to maximize the storage volume at the desired pool
elevations with minimal grading, and environmental impacts. Special
considerations for maintaining the natural stream channel through the detention
basin will be incorporated, if necessary. The grading design will also evaluate the
requirements for local surface drainage related to proposed grading, especially
protection of the dam embankments. Borrow areas will be specifically identified
for the embankment coristruction and incorporated into the overall design.
Horizontal and vertical alignments for perimeter access roads will be designed for
the detention basin, including access ramps to the basin floor.
Task 3.5 Final Horizontal Control layout and Mapping
Prepare horizontal control plan and calculated alignments for all proposed
facilities within the detention basin and grade control structures. The horizontal
alignment and locations of proposed facilities, including roadway alignments and
drainage facilities will be tied into the horizontal control for the project and
boundary. Additional easements /right -of -way necessary for the project
construction will be identified. A horizontal construction stationing system will
fOProposal ■ Buck Gully Erosion Control Project Page 3 -17
City of Newport Beach
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j also be developed for the overall grading of the project sites to facilitate generation
_ of cross sections for earthwork.
Task 3.6 Detention Basin and Grade Control Improvement Plans
-J Provide final engineering services for the preparation of construction plans for the
proposed detention basin and grade control improvements based upon the
Preliminary Design Report. Construction plans will be prepared on standard City
—1 base sheets incorporating all base sheet information, digital topography, and utility
information for this project. Utilities within the proximity of the construction will
be located on the plan, and crossings also shown in the profile.
This work item is based on the proposed construction of the detention basin and
grade control facilities shown on the concept plans provided by the City as part of
the RFP. The detention basin would incorporate both a principal intake /outlet and
a emergency spillway section embedded into competent material. The fee estimate
f is based upon the following construction drawing sheets in the plan package:
s
FWProposal ■ Buck Gully Erosion Control Project Page 3 -18
City of Newport Beach
Sheet D• .-
Sheet Sheet Description
No.
1
Title Sheet
2
Location and Access Map & Survey Controls
3
Basin Site Plan and Rating Curves
4
Foundation Excavation Plan
5
Embankment, Spillway and Basin Grading Plan
6
Dam Embankment Sections
7
Emergency Spillway Plan and Profile
B
Emergency Spillway Section's and Details
9
Outlet Conduit Plan and Profile
10
Outlet Channel, Sections, and Details
11
Access Road Plan and Profile
12
Chain Link Fence, Gates, and Miscellaneous Details
13
Miscellaneous Drainage and Access Road Details
14
Miscellaneous Details
15
Subdrain System Detail & Pipe Installation
16
Outlet Conduit Headwall, Energy Dissipator, & Structural Details
17
Filter Blanket Plan and Details
18
Detention Basin Cross Sections
19
Access Road Cross Sections
20
Soil Boring Logs & Map
21
Soil Boring Logs
22
Grade Control Site Plan
FWProposal ■ Buck Gully Erosion Control Project Page 3 -18
City of Newport Beach
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Plan and Profile
Plan and Profile
Typical Sections and Details
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Gabion Specifications and Miscellaneous Details
27
Grade Control Structure Cross sections
Progress plan submittal for Client review will be prepared at milestones submittal
which include (1) 70% plans, and (2) 100% plan preparation stages.
Task 3.7 Structural Design and Detailing
Provide engineering services for the structural design, analysis, and detailing of the
proposed flood control facilities indicated on the final construction drawings.
Structural calculations will be provided in a format acceptable for review by the
City. Structural calculations will be prepared by a licensed civil engineer and
signed by a licensed structural engineer. A formal quality control review process
occurs at the 50 percent design level and culminates in an independent review of
the final design by a licensed senior engineer. The structural design and detailing is
based upon the facilities identified in the conceptual plans provided by the City.
Task 3.8 Restoration/ Landscape Improvement Drawings
Zia RBF will prepare one set of final landscape and irrigation construction drawings,
Jspecifications and cost estimates in sufficient form and detail to obtain approval
from the Coastal Commission, the US Army corps of Engineers and the City. The
drawings shall be prepared based on the approved landscape concept plan
prepared in Phase II. The drawings will be prepared at an appropriate scale on
base maps of the project site prepared by RBF. The drawings will include plant
removal drawings, a planting drawing, irrigation plan, planting detail sheets and
specifications for planting.
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Task 3.9 Final Hydrology, Hydraulics and Sediment Transport Analysis
RBF will prepare a final hydrology, hydraulic and sediment transport analysis of
the proposed basin and channel improvements indicated on the construction
drawings. The final design water surface generated shall also be indicated on the
drawings. All studies shall be completed in conformance with the latest available
design, drafting, and policy and procedure manuals of the City of Newport Beach,
and the County of Orange.
This task includes the preparation of a "Final Design Report " which will serve as
documentation of the final engineering design and associated technical analysis to
support the Buck Chilly Erosion Control design project. The report shall update
the preliminary report including the backup data regarding final hydraulics,
hydrology, existing facility data, design criteria, specific design requirements, design
constraints, assumptions, quantity and cost estimate support, and all engineering
calculations or analysis.
'r Proposal ■ Buck Gully Erosion .Control Project Page 3-19
ro�s��r�6 City of Newport Beach
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Task 3.10 Final Cost Estimate
_I Prepare a final estimate of construction quantities and costs based upon the
channel, basin, roadway, and landscape drawings utilizing current City cost data
Jand the latest edition of Caltrans Contract Cost Data book, and compare to
established project budget.
Task 3.11 Specification and Special Provisions
RBF will develop technical specifications as special provisions in conformance with
City's format and provide required permits and reference materials to be included
in the City's standard contract documents. City will prepare the upfront "boiler
plate" portions of the contract documents (e.g. general provisions, contract
requirements, notice to contractors, etc.).
As needed, specifications shall include specific NPDES stormwater provisions the
contractor will need to implement. There should also be discussion on nuisance
flow diversion during construction.
Task 3.12 Project Meetings and Consultation - Phase III
RBF will attend periodic project meetings and provide consulting services related
to project coordination during this particular engineering phase. The purpose of
these meetings may include a review of the progress of work included in this
Contract, or consultation and discussion needed on project issues. Consultation
will be provided with.the City to resolve design related issues and ensure the
progress of the project. The meetings and consultation allows adequate
communication with the City to allow input and feedback during the process. This
task will also include telephone conferences necessary with the same parties for the
above- mentioned purposes. RBF has budgeted for 4 City meetings, and
approximately 40 man -hours towards this overall effort. Additional meeting
attendance and consulting services will be completed, if required, on an hourly
basis for an additional fee with the approval of the Client
Task 3.13 Army Corps of Engineers 404 Permit Application
Assuming the Project will require a Nationwide Permit:
RBF will prepare a submittal package for an ACOE Permit to satisfy the
requirements of Section 404 of the Clean Water Act. It is assumed under this task
that authorization to proceed from the ACOE can be achieved by participation in
the ACOE Nationwide Permit (NWP) Program. Nationwide Permit refers to a
type of general permit, which authorizes typical activities (e.g., basins) on a
nationwide basis. The submittal package will include: a) Department of the Army
Standard Form, b) vicinity maps, c) project description, d) jurisdictional
delineation report, e) biology report (provided by the client), f) cultural resources
report, g) geology report (provided by client), and h) site photographs.
FaRF
Proposal ■ Buck Gully Erosion Control Project Page 3 -20
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Task 3.14 Regional Water Quality Control Board 401 Water Quality
Certification Application
RBF will prepare a submittal package to the Santa Ana RWQCB for a Water
Quality Certification to satisfy the requirements of Section 401 of the CWA. This
Certification is necessary prior to issuance of the ACOE permit in order to verify
that State water quality standards have been met. The submittal package will
include: a) 401 Certification Form, b) copies of the ACOE /CDFG /CCC Permit
Applications, c) vicinity maps, d) CEQA Document, and f) site photographs. This
task does not include the permit - filing fee pursuant to the RWQCB's October 2003
Fee Schedule (fees based on total project impacts).
Task 3.15 California Department of Fish and Game 1602 Streambed
Alteration Agreement Application
RBF will prepare a notification package for a CDFG 1602 Streambed Alteration
Agreement (SAA) to satisfy Section 1600 -1616 of the California Fish and Game
Code. The submittal package will include: a) Notification Form, b) Project
Questionnaire, c) copies of the ACOE/RWQCB /CCC Applications, d) vicinity
maps, d) CEQA Document, and e) site photographs. This task does not include
the permit - filing fee, which is anticipated to be approximately $1,390.50, depending
on the construction cost of the proposed project.
a Task 3.16 California Coastal Commission Coastal . Development Permit
Application
RBF will prepare a Coastal Development Permit (CDP) application package in
accordance with requirements of the California Coastal Commission. A CDP, or
Exemption Letter, is required for the ACOE NWP and must be obtained prior to
construction activities. The submittal package will include: a) Standard
Application with attachments, b) copies of the ACOE/RWQCB /CDFG
r Applications, c) vicinity maps, e) CEQA Document, f) Project Feasibility Analysis,
and g) site photographs.
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Task3.17 Resource Agency Permit Application Processing
RBF shall provide regulatory services for the processing of the permit applications
through the ACOE, RWQCB, CDFG, and CCC. The processing shall include
required correspondence or telephone calls between the reviewing staff related to
the permit or points of clarification and coordination with the biological consultant,
if necessary. This item includes any meetings with the reviewing staff of the
resource agencies during the application review process. This task item includes
coordination associated with Section 7 Consultation via the ACOE and US Fish
and Wildlife Service (USFWS).
Proposal ■ Buck Gully Erosion Control Project Page 3-21
City of Newport Beach
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Geotechnical Scope of Work
RBF's geotechnical subconsultant, Kleinfelder, Inc., has broken it's scope of work
into two primary phases into: Phase 1: Data Review and Feasibility Study; and
Phase 2: Preliminary Geotechnical Investigation. The combined scope of work for
Phases 1 and 2 will culminate in the preparation of a preliminary geotechnical
report providing recommendations for design and construction of the proposed
Buck Gully Detention Basin.
Kleinfelder's proposed scope of work is tailored toward evaluating the subsurface
conditions in the area of the detention basin shown on Page 12 of the Feasibility
Study Report prepared by WRC Consulting Services, Inc., dated February 2005. If
Kleinfelder's preliminary geotechnical study shows that the proposed site is
# unsuitable for construction of an earthen embankment and detention basin, its
stated scope of work will be terminated and Kleinfelder will provide
recommendations for additional work necessary to evaluate alternate sites.
Kleinfelder's proposed fee estimate assumes that it will provide recommendations
for design and construction of the detention basin at the designated site. The
following sections discuss Kleinfelder's proposed scope of services for Geotechnical
Phases I and II:
Geotechnical Phase I - Data Review and Feasibility Study
(1) Data and Aerial Photograph Review
Kleinfelder will research the files at the City of Newport Beach and/or the County
of Orange in an attempt to Iocate reports of preliminary investigation and reports
of grading for the neighborhoods adjacent to the Buck Gully detention basin site.
If available, these reports will be reviewed for data relating to strike and dip of
bedding planes, joints and shears; location and thickness of man made fills; and
type and consistency of soil and bedrock units. In addition, Kleinfelder will review
published geologic data regarding the site vicinity. These data will be reviewed to
assist in the evaluation of the suitability of the proposed detention basin location.
Historical stereo -pairs of aerial photographs of the site will be identified, ordered,
and reviewed covering the period from the early 1960s to the most recently
available aerial photographs. Stereo pairs of aerial photographs will be analyzed to
review past site activities such as utility, residential fill construction, streambed
revetment, installation of grade control structures, and installation of utilities.
Kleinfelder will follow up the data review with a reconnaissance of the site to
observe the site conditions relative to the proposed construction.
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(2) Feasibility Study
Based on Meinfelder's data and aerial photograph review, a brief summary letter
will be prepared. The letter will describe the data obtained during our review and
the potential issues that arise relative to the existing data. Attached to the letter
will be a boring location map showing the proposed locations of the field
exploration points based on the results of the data and aerial photograph review.
This map will be submitted to the City at a meeting to discuss the proposed field
exploration program. If the proposed scope of the field exploration (based on the
Geotechnical Phase I work) exceeds what Kleinfelder has proposed herein, a
discussion will be initiated to negotiate an adjustment to fee. Kleinfelder's
currently proposed field exploration plan is presented as Figure 1.
Figure 7
Geotechnieal Phase H — Preliminary GeotechnicaI Investigation
(1) Permitting Assistance
Upon receiving approval to proceed with the Preliminary Design phase of the,
overall project, Kleinfelder will assist RBF with obtaining the environmental
permits necessary to drill the proposed soil borings at the site. It is assumed that
services related to permit assistance will consist of:
• Providing the boring location map prepared during Geotechnical Phase I;
• Providing ingress and egress routes to each boring location;
Propozal ■ Buck Gully Erosion Control Project Page 3-23
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Providing a schedule of the proposed field services; and
Providing proposed equipment specifications.
Kleinfelder understands that the field exploration may not begin until it has
received the appropriate access permits.
(2) Field Exploration
The following field investigation program is proposed to evaluate the geotechnical
and geologic conditions at the site for design of the project.
Geologic Mapping: The purpose of the geologic mapping is to collect field data
that will help to define the location of man made fill and other geologic units that
will impact the design of the Buck Gully detention basin. In addition, HIeinfelder
will attempt to locate and evaluate the fault that trends near the dam site as shown
on published California Division of Mines and Geology maps (S. Tan and W.
Edgington,1976). The data collected in the field will be added to the Geotechnical
Map and presented in the preliminary geotechnical report.
Geophysical Exploration: Kleinfelder proposes to perform a, seismic refraction
survey along the centerline of the proposed embankment and the alignment of the
proposed reinforced concrete bog outlet structure to delineate geologic layering at
the site. The seismic refraction lines will be overlapped to allow enough seismic
line length to achieve full alluvium resolution beneath the dam and develop a
bedrock profile at the base of the alluvium. The seismic refraction survey should
be capable of defining the thickness of alluvium, and may be able to demarcate the
,contact between man made fill and the underlying bedrock surface. The data will
be used in conjunction with the proposed soil boring data to measure the thickness
of fill and alluvial sediments for use in recommending a remedial grading program
for construction of the embankment.
Field Exploration — Embankment and Detention Basin: HIeinfelder proposes to
use bucket auger drilling equipment to evaluate the subsurface soil and bedrock
conditions in the -vicinity-of the proposed embankment and detention basin. The
scope of work includes drilling four borings along the centerline of the proposed
embankment and two borings upslope from the right (north) abutment The
purpose of these two additional borings is to evaluate the thickness and
configuration of the man made fill slope that supports the residential development
to the north. Two additional borings will be drilled along the terrace drain to the
east of the embankment to evaluate whether the man made fill extends into the
basin below the limit of the 100 -year flood pool. Kleinfelder also proposes to drill
two borings within the natural ridge on the north side of the gully east of the
proposed embankment, in what appears to be a possible on -site borrow area for
the embankment.
Proposal ■ Buck Gully Erosion Control Project Page 3 -24
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For sequencing, Kleinfelder proposes to drill the right abutment borings first to
evaluate the thickness of fill, if any, in that abutment. If it appears that preparation
of the abutment would intersect the neighborhood fill slope, the abutment may
need to be moved, thereby affecting the remaining boring locations.
Kleinfelder anticipates that the borings for the embankment will be drilled to
approximate depths of 40 to 50 feet, and the borings east of the embankment to
approximate depths of 20 to 30 feet. The depth of the borings may need to be
adjusted in the field based on the conditions encountered. All but two of the
bucket -auger borings will need to be drilled with track - mounted drilling equipment
due to the difficult access conditions. The remaining two borings will be drilled
using standard truck - mounted drilling equipment. Kleinfelder will collect bulk soil
samples throughout the depth of the borings and relatively undisturbed drive
samples at changes in soil or rock type or five -foot intervals. Samples will be
capped, labeled, and transported to its laboratory in Irvine for subsequent
? laboratory testing.
At the completion of drilling and sampling operations, the borings will be logged
downhole by an engineering geologist, if it is safe to do so. The purpose of the
downhole logging is to observe the contacts between geologic units, identify and
measure bedding and joint attitudes, and look for evidence of slip planes and
shears in the bedrock materials. A log of the soil and bedrock features will be
prepared by the geologist and included in the final report. At the completion of
logging, the soil borings will be backfilled with the excavated cuttings. Compaction
of the soil cuttings will be performed using a tamper on the end of the kelly bar.. '
Field ExUloration — Grade Control Structures: To provide support to RBF for the
evaluation of scour potential in the vicinity of the proposed grade control
structures, lGainfelder proposes to collect soil samples from ten locations within
this area of the project site. Up to two samples will be collected at each of the
locations selected by RBF to a maximum depth of five feet below the ground
surface. Because these sampling locations are within the marsh area at the outlet
of Buck Gully, the samples will be collected using a hand auger. Samples will be
stored in plastic bags and transported to our Irvine laboratory for subsequent
testing.
(3) Laboratory Testing
Laboratory testing is proposed for both soil and rock samples. The laboratory
testing program will be dependent in part on the type of materials encountered in
the subsurface exploration. Kleinfelder anticipates the materials encountered will
consist of alluvium, colluvium, and artificial fill consisting of silty sand, clayey sand,
and clay with varying quantities of gravel and cobbles. Weathered and relatively
unweathered bedrock (Monterey Formation) will also be encountered in the
abutments and underlying the alluvium.
RWProposal ■ Buck Gully Erosion Control Project Page 3-25
City of Newport Beach
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The laboratory testing program for soil materials will be developed to evaluate the
a engineering properties of the embankment foundation soils for use as embankment
fill. Tests to be performed on bulk and relatively undisturbed soil samples include
moisture content and dry unit weight, grain -size distribution, Atterberg limits,
organic content, and preliminary corrosion potential. Remolded samples of
alluvial material proposed for embankment and foundation fill will likely be tested
for three point unstaged direct shear and unconsolidated undrained triaxial shear
with pore pressure measurements. Samples collected for the scour analysis (grade
control structures) will be analyzed for grain -size distribution. The number and
type of laboratory tests to be performed will be determined based on the type of
soils encountered in our investigation.
(4) Seismic Hazard Analysis
The purpose of the geologic and seismic evaluation is to identify and assess
potential geologic hazards at the proposed site in accordance with the
requirements for such studies as outlined under the California Code of
a Regulations, Title 24, 1998 CBC; CDMG Note 42 (Guidelines to GeologiclSeismic
Reports);. CDMG Note 44 (Recommended Guidelines for Preparing Engineering
Geologic Reports); CDMG Special Publication 42 (Fault- Rupture Hazard Zones
in California); and CDMG Special Publication 117 (Guidelines for Evaluating and
Mitigating Seismic Hazards). In addition, our seismic hazards evaluation also
includes development of site- specific ground motions (peak ground accelerations)
• for the proposed site by using a seismic source model based on proximity to active
faults, major historical earthquakes, regional seismicity, and subsurface soil
conditions at the site. -
Specific scope of services will consist of the following.
A- Seismic Hazard
Review available information regarding the faulting and seismicity of the
region to develop the seismic source model for the analyses.
Review available pertinent geological and soil information to develop a
representative soil profile for the site and to estimate the site classification
in order to use appropriate attenuation relationship in the analyses.
Perform a probabilistic seismic risk analysis for the proposed site to
establish a peak ground acceleration for the Upper Bound Earthquake
(UBE) in accordance with the requirements of Title 241998 CBC § 1634A
for seismic design. The UBE is defined as a ground motion having 10
percent probability of exceedance in 100 years (return period of about 950
years).
Discussion of near fault factors on structural design.
Proposal ■ Buck Gully Erosion Control Project Page 3-26
City of Newport Beach
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B. Geologic Hazard
a..
• Research and review of available geologic, geotechnical and seismologic
publications and maps covering the site and vicinity including the California
4W Alquist -Priolo Earthquake Fault Zones map of the area.
• A geologic reconnaissance of the site by an engineering geologist to observe
and map pertinent surface features indicative of possible geologic hazards.
• Evaluate the researched data and prepare a discussion with conclusions
regarding possible geologic hazards affecting the site and the proposed
®j. project.
Kleinfelder's geologic and seismic findings and conclusions will be included in the
j preliminary geotechnical report.
(5) Geotechnical Engineering Analyses
The data obtained from the data review, geologic mapping, geophysical survey,
field exploration, and Iaboratory testing program will be evaluated in light of the
proposed construction, and specific geotechnical engineering analyses will be
performed to assist in the preparation of design recommendations for the proposed
embankment and appurtenances. Specific engineering analyses to be performed
for the embankment and detention basin include:
• Design of embankment fill section including zonation (if necessary) and
drainage, as required based on material availability and proposed detention
time;
• Evaluation of the compatibility (filter criteria) between various
embankment fill zones, if used;
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• Evaluation of the potential for compression/collapse of alluvium to be left
s in place below the embankment (if any);
• Evaluation of liquefaction potential of alluvium to be left in place below the
embankment (if any);
• Evaluation of seepage potential through, under, and/or around the
proposed earthen embankment;
• Evaluation of the stability of temporary excavation slopes; and
• Evaluation of the stability of the embankment slopes under static,
pseudostatic, and rapid drawdown conditions;
(6) Geotechnical Report
The results of the field exploration, laboratory testing program, and engineering
and geologic analyses will be presented in a written preliminary geotechnical
investigation report along with conclusions and recommendations regarding
suitability of the site for construction of the proposed project. The report, which
FMFProposal ■ Buck Gully Erosion Control Project Gage 3 -17
City of Newport Beach _
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will be prepared and signed by a registered Geotechnical Engineer and Certified
Engineering Geologist, is anticipated to include the following items:
• A vicinity map showing the location of the project site;
• A geologic map showing the approximate locations of borings and seismic
refraction survey lines as well as geologic contacts and surface features;
• Logs of all borings drilled during this investigation;
• Results of the laboratory testing program;
• Cross- sections through abutments and axis of the embankment,
perpendicular through the embankment at the RCB outlet and/or
maximum section, and through other areas of geologic interest;
• A summary of the geologic and seismic hazard analyses including a
discussion of the site and regional geologic conditions, regional faulting,
and liquefaction potential;
• Results of the slope stability analyses;
• Recommendations for site preparation, remedial grading, earthwork, and
compaction requirements; and
• Recommendations for embankment construction including compaction
levels, recommended gradation, required materials, and suitable temporary
and permanent slopes.
() Consultation with Design Team
Based on 10einfelder's experience with several similar projects, a significant
amount of communication typically occurs between the geotechnical engineer and
the civil engineer. Kleinfelder anticipates that the primary areas of coordination
will be in the design of the embankment (zonation) and the safe inclination of
permanent bedrock cut slopes. A budget of 40 man-hours for team meetings,
design discussions, and consultation both with the project team and the City has
been established for this purpose.
Additional Scope and Fees for Agency Review
The additional cost that will be incurred by the involvement of the City and their
review consultant in the project is very difficult to estimate and is largely dependent
upon the results of the proposed subsurface investigation work and laboratory
testing. The City (or their consultant) will likely review and comment on the
geotechnical report and could request that additional work be performed to
address their concerns. Modifications to the scope of work proposed herein due to
requests from the City are not included in our proposed fee.
fWFProposal ■ Buck Gully Erosion Control Project Page 3 -28
toH >�..ws City of Newport Beach _
To help facilitate a cooperative effort, Kleinfelder plans to meet with the City at
the site prior to beginning field exploration. This cooperative effort will help to
_ reduce the potential for significant additional work and therefore do not anticipate
a substantial potential for additional field exploration or laboratory testing work.
They may also require that additional laboratory testing be completed based upon
the results of our initial laboratory testing program. Although Kleinfelder has tried
to anticipate such casts, responding to review comments from the City may take
-- some additional effort beyond that which has been allocated in this proposal.
Assumptions
• Meinfelder will be provided unrestricted access to the project site during
normal working hours. Drilling may commence at 7 AM and continue until
5 PM, Monday through Saturday.
• Drilling permits are not required from the Orange County Health Care
Agency. If permits are required (borings entering groundwater), they will
be obtained after drilling is completed for an additional cost.
• The scope of work included within our fee estimate does not include any
efforts in connection with the discovery of potential contamination during
our sampling operations. In the event that such material is suspected, we
will notify you for direction before proceeding on any out -of -scope services.
• The scope and fee presented herein covers design of the embankment and
detention basin at the location shown on Page 12 of the Feasibility Study
Report prepared by WRC Consulting Services, Inc., dated February 2005.
If the embankment cannot be constructed at the current location and an
alternate site needs to be evaluated, additional fees will need to be
negotiated.
• Four copies of the geotechnical report will be delivered via regular US
Mail. Additional copies of the report can be provided for an additional fee.
Environmental Scope of Work
RBF will obtain, compile, review and analyze relevant environmental data available
to determine the potential environmental issues related to the construction and
maintenance of the Buck Gully Erosion Control project.
A. Environmental Studies
(1) Habitat Mitigation Monitoring Plan
Compensatory mitigation for impacts to jurisdictional areas or functions and
values is a fundamental component of the applicable regulatory programs.
Mitigation can take several forms. It can consist of 1) avoidance or
minimi ation of impacts, 2) compensation in the form of habitat creation, or 3)
compensation through participation in a mitigation bank. RBF has retained
BonTerra Consulting to prepare and coordinate a habitat mitigation-
Proposal ■ Buck Gully Erosion Control Project page 3-29
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Noise - The IS/MND will evaluate the project's potential noise impacts upon
adjacent land uses. Discussion will include a qualitative construction- related
and operational noise associated with the proposed detention basin. As this is
not anticipated to be a major issue, a separate technical report is not proposed.
Air Quality - The IS54ND will evaluate construction - related and operational
! emissions associated with the project, in accordance with SCAQMD's CEQA
Air Quality Handbook (a separate technical report is not proposed).
Biological Constraints Survey - This will be based on the Biological Constraints
Survey previously conducted for the proposed project.
Cultural Resources - CRM Tech will prepare a preliminary Cultural Resources
Assessment. Due to the fact archaeological resources are often concealed or not
always evident, CRM Tech will obtain an archaeological and historical resources
records search for the project area The records search will provide information
on known cultural resources and on previous cultural resources investigations
within a one -mile radius of the proposed project alignment. Data sources that
will be consulted include archaeological site and artifact records, historic maps,
reports from previous studies, and the state's Historic Resource Inventory
(HRI) for Orange County, which contains listings for the National Register of
Historic Places (NRHP), California Register of Historic Resources (CRHR),
California Historical Landmarks (CHL), and California Points of Historical
Interest (CPHI) properties.
Preliminary Hazardous Materials Assessment - RBF will review federal, state
and local agency records regarding known hazardous material sites/handlers.
All identified sites, typically within a one -mile radius, will be listed within the
Preliminary Hazardous Material Assessment. RBF will observe, inspect and
report on the site. RBF will identify any obviously stressed vegetation, evidence
of waste discharge or collection, fill materials, sink holes, wells, etc.
Recommendations will identify, if necessary, the need to perform surface or
subsurface exploration, sampling and laboratory testing in order to quantify the
actual absence or presence of hazardous materials. This task specifically
excludes soil/groundwater testing and/or laboratory analysis.
(2) Draft and Final Mitigated Negative Declaration
This Scope of Work assumes one (1) screencheck review of the Initial Study by
the City. The City acting as the Lead Agency, will utilize the Initial Study to
make a determination as to the anticipated environmental impacts of the
Project. Informal responses to public comments will be prepared following
completion of the public review period for use by the City (it is assumed that the
ISRvfND will not require revision or re- circulation). RBF will formulate and
prepare ,a mailing list (responsible public agencies, affected property owners and
Proposal ■ Buck Gully Erosion Control Project pagej -j1
City of Newport Beach
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property occupants) and mail up to twenty (20) copies of the IS/MND. Copies of
the Notice of Availability (NOA) will be mailed to property owners and
occupants within 300 feet of the project limits.
(3) Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program will be defined through
working with the City to identify appropriate monitoring steps /procedures in
order to provide a basis for monitoring such measures during and upon Project
implementation, in compliance with CEQA procedures.
(4) Meetings
RBF will attend one (1) Pre - Design Meeting and one (1) public meetings. RBF
can attend additional staff meetings or public hearings on a time and materials
basis.
This scope of work assumes that RBF will provide the City with five (5) copies of
the screencheck initial study, two (2) copies of the "check copy" Draft Initial
Study, up to twenty (20) copies of the Draft Initial Study/Negative Declaration,
and five (5) copies of the Final Initial Study, Negative Declaration and
Mitigation Monitoring and Reporting Program. RBF will provide all additional
reproductions in addition to the contract amount at direct cost.
OMONAL
Optional Task 1
As an optional task,
subject lots as furni,
Survey and Property Line Re arch and
;ation
can review the prelimin tle reports for each of the
the City and conduct r earch with the County of
Orange, City of Newport Z ach and local agen ' s to obtain recorded maps and
documents pertaining to the d boundaries d survey monumentation. Prior to
performing the field survey,
performance guidelines and
and adjust the existing local
vertical control.
will c er with the City Surveyor to ascertain
lent . Field surveying will be performed to tie
of system to the published horizontal and
Field investigationmill include vvificatioi,,of
monumentation to support theAnal bound
Additional survey measur54ents and analysis
accuracy of the existing t pographic mapping,
needed to define the facility locations.
the sufficiency of existing survey
determination survey.
be performed to test the
qto tie pertinent improvements as
Proposal ■ Buck Gully Erosion Control Project page 3 -37
City of Newport Beach
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Optional Task- Monument Preservation
This optional task ould include locating, tie out and
Corner Records for e existing monumentation tha
construction phase. U completion of cons on
improvements by the city, F will re -set the stroy
post - construction Corner Re rds.
Optional Task 3 Legal Descl
Legal descriptions and exhibit
acquisitions between the City
acquired will range from Ycon
access easement, the vac
items as may be needed t
Exhibits
ppparing pre- construction
Rill be destroyed during the
and acceptance of
:d monumentation and file
be prepared for use in property rights
ers. The type of property rights to be
tion easements to drainage easements,
of existing ease>�ient no longer necessary and others
plete subject pro' ct.
Optiona l Task 4 E gineering services During Co uctio
Should the City sire services during construction, the Bcivil and geote 'cal engineering support services durig
constructio f the project improvements. All services are direction d authorization of the City. RBF would act in City b roviding professional services on an as- needed basis.
Team can provide the
e bidding and
ect to the request,
up rting role to the
RWProposal ■ Buck Gully Erosion Control Project Page 333
City of Newport Beach
RBIF
CONSLO LTING
Professional Fees Eslimalion
_ POP 2005 Rod Schedule
Team Mnmbtr Houtly Rnlb-
Estimated Manhours
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Pmled O'n 1]5
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0
1
0.5
a
1
1
44
8
3
6
4
10
0
0
0 0
$860
.$460
1000
$520
8
4
9
4.5
$6.950
63
Room audit Yield me(hM51 a5191utli¢9
$oalmenl 71d orientation,
H dmlo y.Ma Pre p.firm
0.5
4
E
2
tfi
]
10
260
$2.080
$T260
G
18.5
13
2.3 Prelimino H dmullc and Scour Anal sl9
Site NSil and model vea8callen
Flow Rale DelelminalbMAullile frequencies
HEC,RAS Kindel Sel-
HEC -RAS aw ed
Leval Scereelcula6onefdrossu lum d05i n
RI ra eblOn rJnn ealeulellene
Om sllucmmellemeihx510Wew
1
1
2
1
11]00
10
05
go
61
8
2
4
4
0
0
p 0
$060
E200
51260
$255023
§2000
$]2G
S
2.5
5Sl I
18
6.5
14
E9190
It I
01
EA Shaambed Stabilit endEha lmenl Tmne n
e,uel ish rO resnnlelive sadioNmaches
0
2
0
0
0
G 0
$2000
10
$9.420
B2
sis
Rommml
Recommend end im lemenl moai0catlous
Si G2G
14
Buck GWry fees.als Pon,1 of 5
11
GGN6 ULTINO
Professional Fees Estimation
'
RBF 2009 R.M 9cWW.
tla Oer"�^
Hourly Rak
Ptlnd, Chmw
200
Pm'pcl Dtredp
029
109
D•Ign En9lm EmMn EpedaOe
100
reflaRLADD Fmhan Analyst
94
Imaurel6&..r
15
0
Sk
G ey lz-m6n1
zo0o
re -n &a .. ...� :�...
.. �. .�..:,
spill GWly(oe&.h _ Pepo2 ol5
I*
CITY OF NEWPOnT BEACH
RUCK GULLY EnosioN comnoi. PnDJEQT
'10
S�.,
Fh
I u� I mand,
nn
- – --------
......... ......
wn
--Wr
-imiR
Ar
+ laau
LEE R
I
—9
1.
11
SnaranSlat, lyandSudimeal
n,
bAii; haaa A0666i 9
.1 .. W.
F, a a n W;lTnd
waw
. .....
.1
IL
.......... .
......
zo
Nomln nid L can.;.Awa.
--7Wbi
laWW ad, and s.m,llm
-Le oralo, T�iflj�6 Ahd An;lisls
xa
"UMM
27
Jullarlicilonol Callq;;FN�n kgV6ii Pnq6.' . ..
... .. i
--t7;
Nd.Apii66�
... ApipikkA hi6ii;G;
7
1—M,'P
M-
Pe . r mll 6 . ubmlll . ali
-Iy�
- im�
+
a,
h-iav om Awvni;
iL
Ka'.n.116 a, Aj.!n:6;n wd,
...... .. -iir'18
No6inaiiond biafl LAND
'I'Oblia H.1.w Parka
5�1 ....
i�
f1w MND
11k.don61 CEQA Da—and,
. ...........
M. -111 -flan) Nal, C..L�,.i
:1
Fl IH Ilandv 11 IA118
loidwl.l na. . a-
a
mm
ns
Hasin and Grado Control Imp Plans (70%
iv
IT-
or, Suhminnl
0awj m�--
--15�
—xoum
anFI Inn,ovarn-h . . . . ... ... ......
ki ... ;1.;.l ulavdaulanliinw,ym
Inai bad, n p uC 1 Ea1Gaw
a
..
:G anm6
W
ca
tA�1.10";Ydws
p 0�
iba� M.6 sa&Wumi iii-Wniinl
P"'
a,
a.
aI-
Flail P�;;. SWIOIWW� A Btfnin'..,
a'
-v
PS&VIA,,.W
--o.laviw
--dnad
+sr
-81-'
Frk<nunoaa,,E..9m Cmh,,Ml
-------Fr,
a'. lla,ai
......
INAW-
CON..,.N0
Prufesslenal Fees Estimation
a kGWyh9ezb Pa8e3d5
0
.... -
Nuuny RM
?i5mq IiiFCMaryP
IW
Blredos
175Yt
$i.1agU
135
'd�' �' �"'
oeatehC diner eaerun soauena'
lot
•'�f%r::;... „"=• ..
Oi6netlCaoo' Emimni alYi[
9e
152
e
urvap Crew 13_inenl
RB
513
a kGWyh9ezb Pa8e3d5
0
as NB ULTtN6
Professional Fees Estimation
emt Ginty (eeaals Pege 4 d5
•
_J
RSF.2995 Rate Scbdule
and M 5 Y; F
;:_ _ RoeHy RaW
Pdnciaa4l Large 209
K a p r
Pm)eEt brtGla- 1
�'-
SrlFznaneer, 155
5 ,yTM+�y,1 jet"
a sign ErgNeei Einhan 50atle9al 108
p._f
�i�ft..vlGASD,Emiion Analyst 95
$4uWiW EE &.& - - 152
Y
6Wr O 5p
'�hlClew{2men)
.29
emt Ginty (eeaals Pege 4 d5
•
_J
CONBll LT1N�
Professional Fees Estimation
'h 3 d 'e 1 �� RBF L1050.a1e8 h Eulo.
Toe 3i� r S a' Hourly Ral!
Pi1flCGOrtuioew
'n4N Ft
1]5
S �Eiginei[ 135
PO IWEigi oe 1nWmne0ec1311et 108
a1 , n'
OiafleAEADD . EnNion Anelyat 90
p
SLJtIwel E[ginem 152
5;
IerIGM.. '50
.
Lriey Gmv ' (2ilien) 2Y0
eud Duffy Weaxla N0.5 o15
11
MIMI
LAI
3.2 (0) E�NMENTAL DOCUMEMATION
'hviR
eud Duffy Weaxla N0.5 o15
11
� Iw
HOURLY RATE SCHEDULE
Effective January 2005
OFFICE PERSONNEL
$ / Hr.
SeniorPrincipal .............................................................................
............................... ........................$215.00
Principal.................... ............ ................. ............................
» .................................................................. 595.00
ProjectDirector ..... .............. .................................. ............................
....................... ............................. 175.00
ProjectManager .............................................................................
............................... .........................152.00
StructuralEngineer .................. ............................................
........................ ................................ .......... 152.00
ElectricalEngineer .........................................................................
............................... .........................134.00
Senior Engireer /Senior Planner .....................................................
............................... .........................135.00
LandscapeArchitect .......................................................................
............................... .........................123.00
Project Engineer/Project Planner ..................................................
............................... ..........................116.00
EnvironmentalSpecialist ................................................................
............................... ........................112.00
CorrosionEngineer ........................................................................
............................... .........................112.00
Design Engineer /Senior Designer/ Mapper .....................................
............................... .........................106.00
Designer / Planner .............................................................................
............................... ..........................94.00
GISAnalyst ......................................................................................
............................... .........................:90.00
GraphicArtist ...................................................................................
............................... ..........................80.00
Environmental Analyst/Staff Pl anner ...............................................
............................... ..........................80.00
DesignTechnician ...........................................................................
............................... ..........................78.00
Assistant Engineer / Planner .............................................................
............................... ..........................74.00
Engineering Aid /Planning Aid ..........................................................
............................... ..........................60.00
FIELD PERSONNEL
2- Person Survey Crew ' .................................................................
............................... ........................$200.00
1- Person Survey Crew ................. ................................................
............................... ......................... 145.00
FieldSupervisor ....................:......................................................
............................... .........................138.00
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager ...................................................................
............................... ........................$150.00
Resident Engineer /Project Manager. ................ ........................
............................................................ 127.00
Senior Construction Inspector ........... ........................ ...............................................
...... .......................... 98.DD
Construction Inspector.. ...................................................
...................... ................................................ 95.00
FeldOffice Engineer .......................................................................
............................... ..........................90.00
ConstructionTechnician ... ..................... ... .............................................................
.... .. .............. ._ ... .........78.00
OTHER SERVICES AND FEES
Permit Processor ...................... ....... ............................... $95.00
....................................... ...............................
Clerical/Word Processing ....... .............. .. ..................... ... ................................ _ ................. .................... 5D.00
Consultation Relative to Legal Actions ......................................... ............................... .........................270.00
VehicleMileage ... .... ... ................ ......................... ................................................... ............. .... ... ......0.50 /mile
Note:
Bkwdming. reproduction, memengerservicaand otherdiradezpensmwin be dwrwd man additional cost plus 15%. ASubw nsuaatkWwgarnerd Fat
orfaiean- percent(15 %) will be added 10 the d4ect wst ofaR wb- uttant serAces'to provide for6o cost ofadminlsoation. sula suftant oomuitaffW and
inwrunx.
Oty of Newport Beacto NO. BA- OBBA -019
BUDGET AMENDMENT.;.., . ,...,.... _ ..,....
2005 -06 AMOUNT:J $16,157.00
EFFECT.ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations from the Morning Canyon Stabilization Project to the Buck Gully Detention Basin
Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Amount
Debit Credit
$16,157.00
$16,157.00
Division Number
Account Number
Automatic System Entry.
Signed: / `�y�s 1 '�� 42C
Financial Approval: Administr Live Services Director Date
Signed:'
Administrative Ap oval: City Manager e Brate
Signed:
City Council Approval: City Clerk
Date
Description
Division
Number
7014
General Fund - Misc & Studies
Account
Number
C5100805
Morning Canyon Stabilization Project
Division
Number
7014
General Fund - Misc & Studies
Account
Number
C5100815
Buck Gully Erosion Control
Division
Number
Account
Number
Division
Number
Account
Number
Amount
Debit Credit
$16,157.00
$16,157.00
Division Number
Account Number
Automatic System Entry.
Signed: / `�y�s 1 '�� 42C
Financial Approval: Administr Live Services Director Date
Signed:'
Administrative Ap oval: City Manager e Brate
Signed:
City Council Approval: City Clerk
Date