HomeMy WebLinkAbout06 - Buck Gully Detention Basin & Grade Control SystemCITY 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. n ewpo rt-beach.ca. us
SUBJECT: BUCK GULLY DETENTION BASIN AND GRADE CONTROL SYSTEM -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING
RECOMMENDATIONS:
1. 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 Detention Basin & Grade Control System — Approval of Professional 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 Availability:
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 Descriotion 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: Submitted by:
4
Robert Stel .E. 6t e . Badum
Principal Civil Engineer ubli Orks Director
Attachment: Professional Services Agreement
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').
I). 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 party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4.. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule' of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Four Hundred Fifteen Thousand, One Hundred Fifty -Seven and
0011,00 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:
2
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:
3
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
4
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.
5
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. Acc ptabte 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.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days 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
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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.
7
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.
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 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.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and.other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction 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.
I
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under 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.
10
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultants
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
11
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
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:
Aaron C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
RBF CONSULTING:
IN
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
FAUSERS \PBMSharedWgreements \FY 05 -06 \RBF -Buck Gully Detnetion Basin C- 3811.doc
13
EXHIBIT A �EW�Rr
m
3.4 Scope of Work
i • "i Design of the erosion control project in Buck Gully will proceed in three
_ 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
of meetings with City staff, agencies or the community is identified for each phase
of the project.
i
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
• Buck Gully Detention Basin Feasibility Study
• Biological Report
• Previous watershed hydrology studies
• Existing floodplain 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
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
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:
FMFProposal ■ Buck Gully Erosion .Control Project page 3 -10
°�� ... City of Newport Beach
: ii
A. A determination of the US Army Corps of Engineers' (ACOE) ordinary high
water mark (OHWivi) 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 1487 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 w ll 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 w ll 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.
Proposal i Buck Gully Erosion Control Project Page 3 -11
= o....... City of Newport Beach
SEW POk
F T
O i. ; �1
I .
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 f)
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 trick -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
adll 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 AU 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 3 -12
City of Newport Beach
Task 2.3 Preliminary Hydraulic and Scour Analysis
Provide engineering services to perform the Preliminary Hydraulic Anayysis 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 aggradation 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
s conceptual design shall be recommended.
Task 2A 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
a 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
f
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 sreambed, 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 v<dll be used to develop the long-
RWProposal ■ Buck Gully Erosion Control Project Page 3 -13
City of Newport Beach
1
J
i
_ �gmvpRj
o �,m
i n
j 'o. ' in
GonY' S
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 aggiadation 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.
Task 2.5 Preliminary Basin Facility Layout
RBF will review and modify the preliminary layout of the basin embankment 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
the reservoir characteristics to verify the hydrologic operation and optimization of
the facility size.
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 curve will
be prepared based upon the proposed grading design and embaciltment
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
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
City of Newport Beach
�?E'x'NRr
O r I>
U
�<iroaH��
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
embanlanent 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.
FMFProposal ■ Buck Gully Erosion Control Project Page 3 -15
_.... .... City of Newport Beach
i
3
s
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-info-mation 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
tbese 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 RBF's
R
experience, we feel it is important to have the engineer at the public meeting to
address comments. Consultation will be prmdded 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
t input and feedback during the design process. T1tis 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
- appro dmately 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
z will be prepared at an appropriate scale and to City Standards in a digital
format utilizing AutoCAD in English uniis. The basin plans will include the
detention basin grading, appurtenant facilities, roadways, and the outlet facilities.
Thegrade 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 R7ork.
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
RWProposal ■ Buck Gully Erosion Control Project Paoe 3 -16
City of Newport Beach
O O
in
_ GLicOaei`t
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.
_ Task 3.3 Topographic Surveys
RBF will collect field survey data for the design of the proposed improvements that
j 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 vU be compiled to develop a topographic base
map of the project area. Field survey information will also include surface ground
culture. The existing overgrowth of vegetation severely limits the ability to
efficiently survey the area; therefore, this task is a budget item based on 60 -hours
of field survey time (2- person crew), should additional field survey /topographic
mapping be required, a separate addendum vill 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 embanlanent construction and incorporated into the overall design.
Horizontal and vertical ahournents 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
Proposal ■ Buck Gully Erosion Control Project Page 3-17
City of Newport Beach
Y
m
a
C�4cow�s
J
t
' J
i
t
i
I
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 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
is based upon the following construction drawing sheets in the plan package:
Proposal ■ Buck Gully Erosion Control Project
= =..... �. City of Newport Beach
Page 3 -18
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
6
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 Detaii & Pipe Installation
16
Outlet Conduit Headwall, Energy Dissipator, & Structural Details
17
Filter Blanket Plan and Details
i6
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
= =..... �. City of Newport Beach
Page 3 -18
m _
G[icoar�'
23
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 Pbase 11. 71P drawings will be prepared at an appropriate scale on
base reaps 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 hydraulics,
hydrology, e7dsting facility data, design criteria, specific design requirements, design
constraints, assumptions, quantity and cost estimate support, and all engineering
calculations or analysis.
RWProposal ■ Buck Gully Erosion .Control Project Page 3 -19
City of Newport Beach
t��'�R
F >
O m
> D
�L,Fp YS
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
—I
establish ed.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
- J in the City's standard contract documents. City will prepare the upfront "boiler
plate" portions of the contract documents (e.g. general provisions, contract
x requirements, notice to contractors, etc.).
I
As needed, specifications shall include specific NPDES stormwater provisions the
a 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
S
l
RBF will attend periodic project meetings and provide consulting services related
to project coordination during this particular engineering phase. The purpose of
a 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 udth the same parries for the
3 above- mentioned purposes. REF has budgeted for 4 City meetings, and
i approximately 40 man-hours towards this overall effort. Additional meeting
F
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
:b Assuming the Project'Ai l require a Nationwide Permit:
F
L
— RBF will prepare a submittal package for an ACOE Permit to satisfy the
m 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
S
1 report, g) geology report (provided by client), and h) site photographs.
RProposal ■ Buck Gully Erosion Control Project Page 3 -20
City of Newport Beach
a
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 $1,340.50, 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, RW QCB, 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 (USM 7S).
Proposal ■ Buck Gully Erosion Control Project Page 3-11
City of Newport Beach
?��Rr
e
?n
- �4pppN�r
Geotechnical Scope of Work
— RBF's geotechnical subconsultant, Meinfelder, 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 twill culminate in the preparation of a preliminary geotechnical
report providing recommendations for design and construction of the proposed
Buck Gully Detention Basin.
_ hleinfelder'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
Reinfelder'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 Ileinfelder will provide
recommendations for additional work necessary to evaluate alternate sites.
HIeinfelder'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 1,2einfelder'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 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, Meinfelder 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.
Rleinfelder will follow up the data review with a reconnaissance of the site to
observe the site conditions relative to the proposed construction.
FMFProposal ■ Buck Gully Erosion Control Project FaPe 3 -22
City of Newport Beach
vg*4r
_ m _
(2) Feasibility Study
Based on Pleinfelder'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 Iileinfelder has proposed herein, a
discussion will be initiated to negotiate an adjustment to fee, lGeinfelder's
currently proposed field exploration plan is presented as Figure 1.
Ll ,
i
_ � C, ja`j %�1 j. • . a � "IM
Jj}a
` +11
I.
� 'iiillS��-� j I
(� ��i
'.K : ���`��;���" �JO
p110POSL9 ROPING LOC.TOM
Figure 1
Geotechnical Phase H — Preliminary Geotechnical Investigation
(1) Permitting Assistance
Upon receiving approval to proceed with the Preliminary Design phase of the
overall project, HIeinfelder 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;
RWProposal ■ Buck Gully Erosion Control Project Page 3 -23
City of Newport Beach
I
• Providing a schedule of the proposed field services; and
• Providing proposed equipment specifications.
lCeinfelder 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.
Geoloeic 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, PDcinfelder
-Aill 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.
Geophvsical Exploration: Kleinfelder 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 1111 and alluvial sediments for use in recommending a remedial grading program
for construction of the embankment.
Field Exploration — Embankment and Detention Basin: 10cinfelder 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. IQeinfelder 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 ?age 3-24
City of Newport Beach
For sequencing, Reinfelder 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.
lGeinfelder 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. Keinfelder 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 backfilied 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, kleinfelder proposes to collect soil samples from ten locations within
this area of the project site. lip 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. NT7eathered and relatively
unweathered bedrock (Monterey Formation) kill also be encountered in the
abutments and underlying the alluvium.
Proposal ■ Buck Gully Erosion Control Project Paoe 3 -25
City of Newport Beach
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 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
Regulations, Title 24, 1998 CBC; CDMG Note 42 (Guidelines to Geologic /Seismic
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 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.
Proposal ■ Buck Gully Erosion Control Project Page 376
City of Newport Beach
MR
B. Geologic Hazard
aI
• Research and review of available geologic, geotechnical and seismologic
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.
10einfelder's geologic and seismic findings and conclusions will be included in the
preliminary geotechnical report.
i
(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:
I
J 0 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 alluNdum 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
Proposal ■ Buck Gully Erosion Control Project Page 3 -77
........ City of Newport Beach
?EW PoRT
n
a
V .14 �
_ c L`..oRµ,
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.
(7) Consultation with Design Team
Based on Meinfelder's experience with several similar projects, a significant
amount of communication typically occurs between the geotechnical engineer and
the civil engineer. Meinfe-lder 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.
Proposal ■ Buck Gully Erosion Control Project Pace 2 -29
voHSU�..,o City of Newport Beach
i
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 costs, responding to review comments from the City may take
-= some additional effort beyond that which has been allocated in this proposal.
Assumptions
• Pleinfelder 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
w ll 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 NVRC 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 deterudne 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 3-79
City of Newport Beach
- 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 /MIND 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 Country, 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/MNID 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
I
` +aicova.
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 bearings on a time and materials
basis.
This scope of work assumes that RBF will provide the City with five (5) copies of
the screencbeck initial study, two (2) copies of the "check copy" Draft Initial
Study, up to twenty (20) copies of the Draft Initial StudylNegative 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.
1912"910I_14
Optional Task 1 `Fontrol Survey and Property Line
As an optional task, F can review- the prelimi
subject lots as furnished y the City and conduct
Orange, City of Newport
documents pertaining to the
performing the field survey,
performance guidelines and
and adjust the existing local
vertical control.
Field investigation will include
monumentation to support the
Additional survey meas
accuracy of the exdsting
needed to define the rld
and
reports for each of the
with the County of
and local agent's to obtain recorded maps and
I boundaries d survey monumentation. Prior to
RBF will c er with the City Sun eyor to ascertain
em-11 . Field surveying will be performed to tie
eco of system to the published horizontal and
plents and analysis
pographic mapping,
facility locations.
the sufficiency of existing survey
determination survey.
be performed to test the
Ito tie pertinent improvements as
Proposal ■ Buck Gully Erosion Control Project Page 3 -32
City of Newport Beach
i
I
i
I
1
J'
r
J
J.
Optional Task -) Monument Preservation
This optional taNfor" d include locating, tie out and
Comer Records existing monumentation tha
construction phase. p NRd pletion of construe on
improvements by the city, will re -set the stroy
post - construction Cornrds.
Optio nal Task 3 Legal Descriptibps and Exhibits
t ?EW �Rr
n
�IiGORN�r
wring pre- construction
be destroyed during the
and acceptance of
monumentation and file
Legal descriptions and exhibit map c be prepared for use in property rights
acquisitions between the City an come ers. The type of property rights to be
acquired will range from tem rary coast tion easements to drainage easements,
access easement; the vacati of existing ease ent no longer necessary and others
items as may be needed t complete subject pro' ct.
Optional Task 4 Eggineering Services During
Should the City 5Ksirc services during construction, the BF
ci�nl and geote cal engineering support services during e
constructi0 of the project improvements. All services are so
direction nd authorization of the City. RBF would act in a s
City b roviding professional services on an as- needed basis.
Team can provide the
bidding and
I'lect to the request,
up rtinE role to the
RWProposal ■ Buck Gully Erosion Control Project Pape 3 -33
=o- ��� +�� City of Newport Beach
EXHIBIT B
kl
......................................
...... ...............................
...............
.......
Ajj
12
N
...........
fW
. ............................ .. ....
..............
........................... ........ .................
.
......... . .. ...............
. ............. ...............
Z0
LA
........
......
...................................
...... .... ......... ...................
................................
I I i§ I
I a I
I if X :1 if (I
i9 A
19 it !9 iR
Is !i
16 if i� 1
fj if
.1
E Z I
A.
;
7E
<
E z
ij c
in
:c IT t
F I. TPRI'l
EXHIBIT c
(/
\
, ,
L
. _j
m`
c
W
x
v
� w
OZLL
� o
N
•2
Q �
u a
y u
I
I
m
M1
K
R
m°
TIT
"
a
�
r
R
11
1
�
11 11
dl
7
I
I
I
I I�
i„1 )
�
Il
cl
c
I
•:
xh
E
"71
f
.......
f
wa
o �
lllllll �
I!I
1
,
s'�
e
�a
a
°c-
-
E
plEo
c
cc
-
s
pgyl°p
c
E
EFa
--
°
E A
-
inrc'>
gE
IE.o
61O°L'
°
- `°E
E
a �„
o
°an.o
E _`
cY
EF°
-EP
°O
oP
c<au
--
mo
-`
O.Ux
Un1
EnRV�o2
p°
U
ooci
tii
I
i m
jo
°
" «
»
^
NNN
±o
E!
w
u
aP
p
o
o
i
c
O
_
V.,
z
E
=
F
o
-
w ,N��'..•?��';
o
�
s
��
�cla�oR_E
-2
=_=
��
o
y _ •_.do
_ �v
o\u
a_p
240v_u
v'`on
--
°
-_lol
Qc�n?
-4,E
R k �S
°FC+
"EE
s
€
wa
c
ya
au„
°
C.
�(J�-
Owowwco<
H0'
C.
M
61
a
00
�NmV
W.�� s
C
E
W
G
e a
LL
e Z m
c
c
a c N
0 �
a
i
"e_az
R GN Gq v:VY. (J,
LAI
C
E
W
G
e a
LL
e Z m
c
c
a c N
0 �
a
I
s
I
_
I
I
I
RIB
AR°
LLi
TTI
�-
mw
=�-
0
�
I
}
�I2
s
E� _
.m
<Im,m
ryry
RI
mm
wlw
N
I
rvlry
to
:'
E
ry
n
wio
m
O
k
c
n
m
y
3
_x
-
a
3v
E
d
i1
51V
C
•�^
� �
C19�
C �
U
�
e
�
- -
a
Ex
nU
nU°
€'x
im_i
da03
V
FC
�
,.�
1CF.
�
:
i
t
�
]W
)/
-
,�
.
EN
}\
�\
�•g
9a
/
/}
§!\
\
\
\}
\
\\
\
\{
\
}\
\
\�.t
\�
\
)
�.
HOURLY RATE SCHEDULE
Effective January 2005
OFFICE PERSONNEL
SIHr.
SeniorPrincipal ............................................................................. ...............................
........................$215.00
Principal....................................................................................... ...............................
...........................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 ................................................... ...............................
.........................115.00
EnvironmentalSpecialist ................................................................ ...............................
.........................112.00
CorrosionEngineer ........................................................................ ...............................
.........................112.00
Design Engineer /Senior Designer / Mapper ..................................... ...............................
.........................108.00
Designer/Planner .......................................................................................................
............................... 94.00
GISAnalyst ...................................................................................... ...............................
..........................90.00
GraphicArtist .................................................................................. ...............................
..........................80.00
Environmental Analyst/Staff Planner ............................................... ...............................
..........................80.00
DesignTechnician ........................................................................... ............................... ..........................78.00
Assistant Engineer/ Planner ............................................................. ............................... ..........................74.00
Engineering Aid /Planning Aid .......................................................... ............................... ..........................60.00
FIELD PERSONNEL
2 -Parson Survey Crew ' ................................................................. ............................... ........................$200.00
1 -Person Survey Crew .......................................................................................... ............................... 145.00
FieldSupervisor ........................................................................... ............................... .........................138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ................................................................... ...............................
........................$150.00
Resident Engineer /Project Manager ............................................... ...............................
.........................127.00
Senior Construction Inspector ......................................................... ...............................
..........................98.00
ConstructionInspector .................................................................... ...............................
..........................95.00
FieldOffice Engineer ....................................................................... ...............................
..........................90.00
ConstructionTechnician .................................................................. ...............................
..........................78.00
OTHER SERVICES AND FEES
PermitProcessor ................................................................................................... ............................... $95.00
ClericalfWordProcessing .............................................................. ............................... ..........................50.00
Consultation Relative to Legal Actions ......................................... ............................... .........................270.00
VehicleMileage ........................................................................................................... ......................0.501mile
Note:
Blueprinting, reproduction, messenger service and otherdimct eKpenses will be charged" an additional cost plus 15%. A Sus - consultant Management Fee
of fdieen-percent (15 %) will be added to the direct cost of all subrnnsuftant services to provide for the cost of administration. subconsuftant consultation and
insurance.
City of Newport Beach NO. BA• 06BA -019
BUDGET AMENDMENT - "
2005 -06 AMOUNT: $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
rx] Transfer Budget Appropriations PX 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
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Amount
Debit Credit
Division Number
Account Number
Automatic System Entry.
Financial Approval: Administr five Services Director Date
Signed: "`��
Administrative Ap oval: City Manager Date
Signed:
City Council Approval: City Clerk
Date
Description
Division
Number
7014
General Fund - Misc & Studies
Account
Number
C5100805
Morning Canyon Stabilization Project $16,157.00
Division
Number
7014
General Fund - Misc & Studies
Account
Number
C5100815
Buck Gully Erosion Control $16,157.00
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Automatic System Entry.
Financial Approval: Administr five Services Director Date
Signed: "`��
Administrative Ap oval: City Manager Date
Signed:
City Council Approval: City Clerk
Date