HomeMy WebLinkAbout28 - Arches Diversion Project — Approval of PSA (16X11)- CITY OF
Q SEW PART
"T BEACH
NEWPUK
City Council Staff Report
November 22, 2016
Agenda Item No. 28
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: John Kappeler, Senior Engineer, jkappeler@newportbeachca.gov
PHONE: 949-644-3218
TITLE: Arches Diversion Project — Approval of Professional Services
Agreement with Stantec Consulting Services Inc. (16X11)
ABSTRACT -
Staff is requesting approval of a Professional Services Agreement for the design and
permitting of a storm drain to sewer diversion project to improve water quality in Lower
Newport Bay.
RECOMMENDATION:
a) Determine the action is exempt from California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of CEQA Guidelines because it
will not result in a physical change to the environment, directly or indirectly;
b) Approve a Professional Services Agreement with Stantec Consulting Services Inc.
(Stantec) to prepare a field survey, construction documents, storm drain easements,
permit applications and perform flow and water quality monitoring for a not -to -
exceed price of $249,786, and authorize the Mayor and City Clerk to execute the
Agreement; and
c) Approve Budget Amendment No. 17BA-017 recognizing $839,500 in revenue for
Arches Diversion Project Account No. 1 3801-431 500-1 6X11 and reducing
appropriations for this project from $890,000 to $839,500 in Account No. 13801-
980000-16X11.
FUNDING REQUIREMENTS:
The adopted budget includes sufficient funding for this agreement. It will be expensed to
the Public Works Department Tidelands Maintenance Account and the Clean Beaches
Initiative (CBI) Grant Account. The City of Newport Beach received a CBI grant award
from the State Water Resources Control Board in the amount of $839,500, of which
$20,000 will be applied towards this consulting effort.
28-1
Arches Diversion Project
November 22, 2016
Page 2
DISCUSSION:
Based on long term water quality monitoring for fecal indicator bacteria (FIB) conducted
by Orange County Health Care Agency, Lower Newport Bay has experienced steadily
decreasing concentrations of bacteria directly benefiting the millions of residents and
visitors that annually use the Bay for swimming, boating and other recreational uses.
This improved water quality is a result of a number of targeted bacteria reduction
projects implemented by the City of Newport Beach over the past 15 years.
Although measurable improvements have been made throughout Newport Bay, on-
going routine monitoring indicates there remains a "hot spot" near the Arches Drainage
outfalls located at the northern side of Harbor Marina (Attachment A). This is the last
remaining long-term posting for FIB in Newport Bay which has been continuously
posted since 1999. Water quality modeling shows that urban runoff and storm flows
from the one -square mile area tributary to the Arches Outfalls can cause FIB
exceedances at a number of frequently -used beaches around the harbor.
Previous measures to reduce bacterial loads from the watershed tributary to the Arches
Drains have included the installation of curb inlet screens, two continuous deflective
separation (CDS) units, and the construction of a bioswale that replaced the concrete v -
ditch located along Newport Boulevard. Reductions in bacteria, as well as sediment and
nutrient concentrations have been observed in dry weather and storm flows. However,
these projects have not eliminated bacterial exceedances near the Arches outfalls.
To address these remaining bacterial loads, staff submitted and received a CBI grant to
construct a diversion project on the Arches Storm Drains. This proposed project will
divert dry weather flows from the two primary Arches Drains into the sanitary sewer
system effectively removing 90% of the remaining dry -weather bacterial loads entering
Newport Bay at this location. Caltrans own the drainage system and a permit from
Caltrans is necessary to complete this work.
Staff requested proposals for design services from professional engineering firms
specializing in storm drain to sewer diversions and received five proposals. The City's
review team consisted of staff from the Public Works Department. Using a qualification -
based selection process, the proposals were evaluated based on the consultant team's
project understanding, experience, qualifications, planning and design approach, design
ideas and projected level of effort. Stantec was selected by the review team as the most
qualified and responsive firm for this project. Stantec has a track record for successfully
completing similar work for the City and for various agencies throughout Southern
California.
The proposed scope of work includes project management; surveying; preparing
construction documents for the proposed diversion; obtaining approvals and permits
from Caltrans, Orange County Sanitation District and Hoag Hospital; as well as
monitoring drainage flows and water quality.
28-2
Arches Diversion Project
November 22, 2016
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action (consultant agreement) is not subject
to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Categorical Exemptions for Arches storm drain diversion and the Hoag
storm drain diversion have been filed (Attachments C1 and C2).
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — PSA with Stantec Consulting Services, Inc.
Attachments C1 and C2 — CEQA Notices of Exemption
Attachment D — Budget Amendment
28-3
i
Elm, 1p
��_ • Y.. i.Y aA �d h� � I !! tl �� � �� R�� 1. � 1PIl.. _� _'� �3Faw■:1� `'�'.
I� .ehergem iYati4■eli6 `3 �Yl1k:�;ib,M ... :Ir
F• "
gip, �a
Aw
Mom� _ �r Ate{ t j �x �,• '� `" "' � t r
•,ate
• k '+`■ ►'
v
Al
r s . ■
s
• Z6 Tr I �IfZ nk.
__ 4�� • " `' � '�► y "� ifs 'tea,
'■ f �Byy
pit-- qp', .0 ♦ y
l � +
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of November, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and STANTEC CONSULTING SERVICES, INC., a New York. Corporation
("Consultant"), whose address is 46 Discovery, Suite 250, Irvine, CA 92618, 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 desires to engage Consultant to provide a field survey, construction
documents, storm drain easements, permit applications and perform flow and
water quality monitoring services for the Arches Storm Drain Dry Weather
Diversion Project ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on December 31, 2019, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
28-5
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 Two Hundred
Forty Nine Thousand Seven Hundred Eighty Six Dollars and 00/100 ($249,786.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
Stantec Consulting Services, Inc. Page 2
4.4 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
5.1 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 Dan Villines 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.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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
Stantec Consulting Services, Inc. Page 3
28-7
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (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, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' 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.
Stantec Consulting Services, Inc. Page 4
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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
Stantec Consulting Services, Inc. Page 5
WE
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 co -tenancy, 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
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
17.2 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.
Stantec Consulting Services, Inc. Page 6
28-10
17.3 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 the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) 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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's 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 Consultant or contractor bids or actual cost to City.
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 expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
Stantec Consulting Services, Inc. Page 7
28-11
21. RECORDS
Consultant shall keep records and invoices in connection with the Services 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.
22. 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 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 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.
Stantec Consulting Services, Inc. Page 8
28-12
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Dan Villines
Stantec Consulting Services, Inc.
46 Discovery, Suite 250
Irvine, CA 92618
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
Stantec Consulting Services, Inc. Page 9
28-13
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
Stantec Consulting Services, Inc. Page 10
28-14
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 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.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 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, State of California.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
Stantec Consulting Services, Inc. Page 11
28-15
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc.
Page 12
28-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: I I t loll W Date:
"-;)mBy: �A By:
Aaron C. Harp +,a Diane B. Dixon
City Attorney Mayor
ATTEST: CONSULTANT: Stantec Consulting
Date: Services, Inc., a New York Corporation
Date:
M
Leilani I. Brown
City Clerk
By:
Eric Nielson
Executive Vice President
Date:
By:
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stantec Consulting Services, Inc. Page 13
28-17
EXHIBIT
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1
Scope-oP/Vork
1. Field Survey
Stantec will research, compile and mvieww existing survey control and mapping data front the City and County
sources. Stantec field crews will establish control and gather fick] data required for the preparation of topographic
neaps of the two diversion sites. Mapped sus-,-cy data will then lie compiled by Stantec Staff to create a project site
topography neap at a scale of I" = 40' with 1 -foot contours. I geld crews will .also be used to survey the location of
key features visible within the project limits including dipping storm drain and sewer manholes. These features will
be depicted on the final topography trap of the project site.
Right-of-way limits will be included the neap based on the subdivision andior title information obtained by Stantec.
Visible features along the alignment that could possibly be affected by construction activities will be recorded. A
field review by Stantec's project mana+-',er will follm� the preparation of the topographic mapping to clarify any
ambiguous information in the mapping or to record physical features that were nol captured by the survey.
This task anticipates that one meeting will be conducted with the City. This meeting will serve as the kickoff
meeting and will also be used to review the survey limits with City staff.
Z_ Construction Documents
Construction documents will be incrementally completed for submittal at 300%, 60%. 90%, and Final stages of
completion. The scope for each level of completion is as follows:
2.1 30%»Level Plans
Based on the survey and mapping information and Stantec', site review and review of applicable project data,
including relevant record drawings, Stantec will prepare 3W -level plans for the proposed diversion facilities. The
plans will be prepared on standard. City title block and will depict the facilities in plan and profile view. The plans
will depict the major components of the project including points of connection. sediment control features, shutoff
valves. and check valves. Existing pre -project features that will be affected by the project will he identified and their
disposition noted. The intent of the 30% -Level plans is to define the project for review and preliminary approval by
the City. The 30° o -level plans will be submitted to the City for review and comment. This task anticipates that two
meetings will be conducted with the City during the preparation of the 30% -level plans.
2.2 601/6 -Level Plans, Specifications, and Estimates
Upon final acceptance ol'thc 30 les cl plans by tete City. Stantec will proceed with the preparation of the 60%,
Level PS&E documents. "I his task %k ill begin with the transmittal of the final 30% -level plans to the utility
providers. Utility notifications will include a notification letter, project description, and a set of the 30% -level plaits.
Utility information received in reel, Ni ill be incorporated into the Wo -level plans.
The 600i6 -level drawings will define the horizontal and vertical footprint of the proposed diversion facilities with
additional details regarding alignment and construction details. The 60% -level plans will be prepared on City title
black and will include a title sheet and plan and profile sheets. The W% -level plans will be reviewed with City staff
in order to exp[ain engineering and construction related impacts associated with [lie project. City comments will be
incorporated into ilii plans during the preparation of the '90" ,-level plans for the Project.
The 60% -level submittal package Evill include a draft set of specifcations prepared in accordance with the standard
city format. The package will also include a quantity estimate and an opinion of probable construction cost for the
project based on the content of the 60% -level plans.
This task anticipates that two meetings will be conducted with thy: City during the preparation of the 60%-leevel
plans.
28-19
2.3900/6 -Level Plans. Specifications, and Estimates
Upon City concurrence with the content with the 60% -level plans and depicted layout of the diversion facility
improvements. the 60% -level plans will be advanced to a 901/'(. -level of co mpicticm. Hie 90"r. -level plans will
comprise a complete plan set for the prqiecl including all construction -level detail, for tite proposed improvements.
The 90%-Ievel plan set gill be accompanied by a final draft version of the technical specifications, and engineer's
estimate for the project. The technical specifications will contain information pertaining to the materials and
workmanship for the various project elements. The engineer', estimate wwill include a breakout ofconstruction items
for the prr+ject. their corresponding estimated unit costs, and the total estimated construction cost for each item. A
total estimated construction coat for the project will be included at the bottom of the estimate.
This task anticipates that two meetings will be conducted with the City during the preparation of the 90 of -level
plans.
2.4 Final Plans, Specifications, and Estimates
Stantec will actively participate in a document review session with the City to l,retient the 9011,lo-level plans, technical
specifications. and the engineer's estimate. Comments issued by ilie City will be incorporated into these documents
for the production of final plans and final technical specifications. The engineer's estimate will also undergo final
revisions as needed to maintain consistency with the final plans. A bid proposal will also be prepared consisting of
list of work iteins, their respective quantities_ and blank lines for completion by hidders consisting of the work item
unit price and work item total bid price.
This task anticipates that two nieetings will be conducted with die City during the preparation of the final PS&E
documents.
3. Storm Drain Easements
Stantec will obtain title reports and prepare legal descriptions with exhibits of the proposed easement areas for tite
two diversion facilities, and manage the execution of said documents. It is understood that the easement areas wvill
encompass the proposed improvements. This task includes the acquisition of preliminar} title report for the
affected properties, which will serve as a basis for the preparation of the legal descriptions. l he preliminary title
reports will also indicate any existing andlor conflicting easements in the area of the proposed improvements.
Upon receipt of the City's preferred easement language.. Stantec Eve ill submit the casements to Caitrans and the
OCSD for review and approval. Stantec will meet with these arcncies to discuss their comments and concerns and
coordinate wwitlt the City to address these concerns, Upon resolution ofall comments, final easement documents will
be submitted to both agencies. It is assumed that the Citta- will rccoref [lie casements with the County of Orange.
..This task anticipates that a total of lives meetinsgs wvill be conducted with the City. Caltrans. and OCSD during the
preparation and processing of the easements.
4_ Geotechnical Assessments
Our Geotechnical sub -consultant, Ninyo & Moore, will perform project coordination and review of readily available
geologic neaps. fault and seismic hazard map,, topographic maps. stereoscopic aerial photographs. and other reports
and'or plans provided b} the t Tient and then perform a site reconnaissance to mark proposed boringlocations and
coordinate %with Underground Service Alert for underground utility clearance. This will include the acquisition of
permits, including encroachment permits from Caltrans and the C itv of Newport Beach, which are needed to
proceed with our subsurface exploration. This Nvork would Aso include (lie preparation of traffic control plans and
the preparation of a health and safety plan for our subsurface exploration. if required by Caltrans.
Ninyo & Moore will theft perforin subsurface explorations consisting of the drilling. logging and sampling of two
hollow -stem auger borings. The borings will be drilled to depths of up to approximately 30 feet. "i'he borings vew ill be
logged by a representative from our first, and bulk and relativeelg undisturbed soil samples w% -ill be collected at
28-20
selected depth intervals for laboratory testing. Tile borings will be back-filled with grout where groundwater is
I L- -
encountered and with on-site soil where groundwater is not encountered. This work includes providing traffic
control, including lane closures, in accordance with Caltrans standards and or tile California Manual or Uniform
Traffic Control Devices (IVIUTCD) manual and specification,; by the City of Newport Beach.
Ninyo & Moore will then perform laboratory testing on selected, representative soil samples. Laboratory testing may
include in-place moisture and density, sieve analysis, direct shear, consolidation, and soil corrosivity. At the
conclusion of the testing and evaluations, Ninyo & Moore will prepare a geotechnical report presenting their
findings, conclusions, and recommendations for design and construction of the proposed project.
Flow and Water Quality Monitoring Plan
5.1 Monitoring and Reporting Plan
Stantec's sub consultant, ESA. will prepare a monitoring and reporting plan (MRP) for State Water Quality Control
Board (SWQCB) approval. The MRP includes the Project Assessment and Evaluation (PREP}. 1donitoting Plan
(MP). and Quality Assurance and Project Plan (QAPP). The monitoring plan will include the flow and water quality
monitoring to the address the goals of the PREP and the requirements to obtain a discharge pennit to sanitary sewer
operated by the Orange County Sanitation District (OSCD). Water quality monitoring shall include bacteria
measurements, i.e. fecal coliform and enterococcus concentrations. ESA will use the PAEP prepared for the Clean
Beaches Initiative (CBI) grant application as the basis for the MRP. Tables I and' present the Project Performance
Measures for BMP Effectiveness and Bacteria Load Reductions that are the basis for the PREP. These tables have
been modified from the grant application to better represent the final approved and funded scope which focused on
the implementation of the two dry weather diversions. ESA will prepare the MRP in accordance with the State
Board requirements and guidelines for CBI funded projects.
The anticipated non-storin flows. bacteria concentrations and estimated annual bacteria load reduced by the two
diversions are presented in Table 3 below. ESA will include these estimated flows and concentrations in the MRP as
a basis for comparing actual flows and FIB concentrations before and after tile diversions construction. Estimated
flows and concentrations are based field measurements made in 2004 for the Strom Drain Diversion Study (Everest.
2004) and during bacterial source studies completed at the Arches Drainage from 1-012 to 2014. It is expected that
each diversion would be designed to divert a maximum of 170,000 GPD (based on peak flox measurements).
The proposed implementation of two low flow diversions at the base of the drainage area will be the most effective
solution to address human sources of FIB exceedances from the drainage area. Proposed project effectiveness
assessment monitoring will verify the anticipated bacteria reductions achieved by the two diversions. The
monitoring program include,,; effectiveness assessment of the two diversions throueli conducting baseline and post -
construction monitoring, of flows and FIB concentrations in the scorn drains at the proposed diversions and at the
A-rches Drainage outfalls. Because the Arches Drainage outfalls are subject to tidal flows, the diversions have been
placed above the tidal influence within the storm drains. As the segment of the storm drain between the diversion
mid the outfall will be subject to tidal inundation, an additional two sampling points will be monitored to assess the
contribution of regrowth within this segment on FIB concent rations, at the outfalls if concentrations exceed FIB
benchmarks at the AB4 H monitoring site after time diversions are in place.
In accordance with the CBI grant scope of work, the Monitoring Plan will be prepared in conjunction with the
QAPP. ESA will prepare the QAPP in accordance with the State Board requirements and will include the Collowincy
sections:
1. Organization of the Project
2. Problem Statement
3. Project/Task Description
4. Data Quality Objectives
5. Training Requirements and Certification
6. Documentation and Records
7. Sampling Approach: Criteria For Selection of Sampling Sites
8. Sampling Method Requirements
28-21
9. Sample Handling and Custody Procedures
10. Analytical Methods Requirements
11. Quality Control Requirements
12. Instrument/ Equip men Testing, Inspection and Maintenance Requirements
13. Instrument Calibration and Frequency (Chemical and Physical Parameters)
14. Inspection/Acceptance Requirements
15. Data Acquisition Requirements
16. Data Management
17. Assessment and Response Actions
18. Reports
19. Data Review, Validation And Verification
20. Validation And Verification Methods
21. Reconciliation With DQOs
The Monitoring Plan will include the following sections
1. Project Description
2. Project Goals and Objective based on PAEP
3. Sampling Locations and Site Conditions
4. Safety Protocols and Planning
5. Baseline Monitoring
a. Sampling Locations
b. Dry Weather Sampling Events
c. Sampling and Field Measurements Protocols (reference QAPP)
d. Sample Analysis (reference QAPP)
6. Post BMP Implementation Monitoring
a. Sampling Locations
b. Dry Weather Sampling Events
c. Sampling and Field Measurements Protocols (reference QAPP)
d. Sample Analysis (reference QAPP)
7. Laboratory Data Reporting and Data Deliverables (reference QAPP)
8. Reporting — How will results be used to meet PAEP Projects Goals and Targets
The Draft MRP that includes the Monitoring Plan and QAPP will be reviewed by Donna Ferguson who led the
Bacteria Source Studies for the Arches Drainage. ESA/ Stantec will submit the Draft MRP for review by the City
prior to submittal to the State Board grant Project Manager. The Draft Final MRP will be submitted to the State
Board Grant Project Manager for review. ESA will provide responses to the comments on the Draft Final and after
receiving acceptance of the revisions from the City and State Board Grant Project Manager will finalize the MRP
through the incorporation of the accepted responses to the comments.
5.2 Equipment Installations and Low Flow Diversion Monitoring
In order to address the Performance Measures and Goals of the grant project, dry weather flows and FIB
concentrations will be measured prior to and after implementation of the two diversions. The BMP effectiveness and
bacteria loading goals will be measured by taking samples at or above the proposed diversions, above the outfalls
upstream of the tidally influence segment of the storm drains and at the outfalls and AB411 monitoring site. For
Diversion 1, Stantec's sub consultant, ESA, will conduct monitoring at three sampling locations: 1) point upstream
in the bioswale south of 15th Street; 2) a monitoring point downstream of the diversion. and 3) at the outlet to
Newport Bay. For Diversion 2, ESA will conduct monitoring at three sampling locations: 1) at or above the
proposed diversion 2) a monitoring point downstream of the diversion; and 3) at the outlet to Newport Bay as shown
on Attachment 4. In addition, another monitoring point at the AB41 1 site is also proposed. The purpose of the
additional monitoring point is to compare with historical AB41 1 data that is posted on the Orange County web -site.
Therefore, ESA proposes to collect 7 samples for FIB analysis before and after the installation of the diversions.
In order to obtain the required flow measurements of the two low flow diversions proposed for installation in two of
the storm drains that collect dry and wet weather flows form the Arches Drain, ESA will install low flow monitoring
28-22
equipment within the storm drain at or upstream of the proposed two diversions. The dry weather flow monitoring
will consist of measuring non storm flows over a week in order to capture diurnal changes in flow due to irrigation.
The flow measurements will be used for the design and permitting of the two diversions. This will require
determining an average, maximum and minimum daily flow in terms of gallons -per day. Existing flows are likely to
fluctuate over 24 hours and will therefore need to be continuously monitored over several days to capture these
changes.
ESA will conduct a site visit to assess the existing storm drain for flow monitoring equipment installation. ESA will
then install the flow monitoring equipment and monitoring flows over a week period. ESA's proposed flow
equipment includes HOBO level loggers (or equivalent) and custom built v -notch weirs. During the low flow
monitoring installation, the storm drain dimensions and slope will be measured and the flow equipment will be
programed to continuously log flow measurements at 5 -minute intervals for the duration of the deployment period at
each location. Flow rates will be measured in accordance with the NPDES Storni Water Sampling Guidance
Document (EPA -833-B-92-001). ESA will partner with Alta Environmental for the low flow monitoring. Alta
Environmental will provide a confined space trained field scientist and specialized low flow monitoring equipment.
Calibration of all monitoring equipment will be conducted immediately prior to deployment. All calibrations will be
conducted in accordance with the manufacturer's specifications and equipment will be calibrated on-site and field
verified for accuracy with a level measurement tape. A maintenance log form will be kept on file to detail the dates
of instrument inspection, battery replacement, and any problems noted with instruments. Upon completion of the
pre -construction flow monitoring period, the ESA team will remove all flow equipment.
In order to assess the effectiveness of the two diversions, dry weather flows that are being diverted to the sanitary
sewer will be verified to confirm pre -construction measurements and provide data required by the Orange County
Sanitation District for the diversion permit. Verification of low -flow measurements will be incorporated into the
design to address permit conditions. The ESA Team will conduct post -construction flow monitoring for a week
period. ESA will collect water quality samples at the time of low -flow monitoring both at the pre -construction and
following completion of the two diversions.
Samples for FIB concentrations will be collected using "clean hands" bacteria sampling protocols as subscribed in
SWAMP protocols for ambient water FIB sample collection and analysis. ESA will keep samples cool and transport
the water quality samples to an analytical laboratory that is certified for FIB analysis. ESA proposed to use Weck
Laboratory for the FIB analysis. Samples will be kept cool (below 4°C) and transported to the analytical laboratory
within the required 6 hours holding time. The analytical laboratory will provide both a PDF file of the laboratory
report and analytical results and an electronic data deliverable that conforms to the format under the Comply with
California Environmental Data Exchange Network (CEDEN) requirements.
5.3 Flow Data Calculations and BMP Effectiveness Assessment Report
Stantec's sub consultant, ESA, will review and finalize all flow data and prepare flow volume calculations. The flow
calculations will include a summary of the flow data as daily average, minimum and maximum flows. ESA will
provide to Stantec the raw flow data and flow calculations in Excel format for the design. Flow calculations will also
be provided to OCSD for the sanitary sewer diversion discharge permit.
Following the implementation of the two low flow diversions and completion of the BMP effectiveness assessment
monitoring, ESA will prepare the Final Project Report. The objectives and goals as stated in the PAEP will be
evaluated with regard to the actual outcomes from the implemented BMPs to reduce bacteria loading and likely
sources of human fecal bacteria. ESA will summarize the results of the pre- and post -construction flow and water
quality monitoring at the seven sites outlined. ESA will estimate the bacteria load reductions achieved by the
diversions based on the flow and water quality monitoring results at and below the diversions. The reduction of
likely human sources of bacteria will be estimated based on the amount of flow diverted and concentrations of FIB
at and below the diversions. A discussion of remaining sources of FIB will be presented based on the FIB results at
the outfall and AB411 site pre- and post -construction, and assumptions that the diversions have addressed the likely
human sources coming from 90% of the drainage area above the diversions. References to the previous bacteria
source studies will be made as appropriate.
28-23
The Draft BMP Effectiveness.Asscssment Report (BMP Report) will be reviewed by Donna Ferguson who led the Bacteria
Source Studies for the Arches Drainage. ESA/ Stantec will submit the: Draft BMP R{ port lbr review by the City prior to submittal
to the State: Bow -d grant Project Manager. The Dr aft Final BMP Repw %viII be submitted to the State Board Grant Project
Manager for review. ESA will provide responses to the comments on the Draft f=inal and atter rcceiving acceptance of the
revisions Froin the City and State Board Grant Protect Manager wiII fit nalire the BMP Report through the incorpor iikin of the
Accepted responses ter the comments. f=inal analytical data wiIi he provi&xl to the State Board for upload to the Cal iI'Oro]a
Environmental Data Exchange Network (CEDEN i.
6. Permit Preparation and Processing
Stantec will prepare and submit the penmit applications required for this project. It is assumed that the City will pay
all permit fees. It is expected that the project will require permits or approvals from the following agencies:
1. California Department of Transportation: Permit to operate and maintain diversion on Caltrans right of way
2, Orange County Sanitation District: Low -Flow Non-Stoniiwater Discharge Pen -nit
3. City of Newport Beach
Stantec will prepare the permit applications and provide a draft far review by the City. Stantec will theta incorporate
comments from the City and submit the applications at the direction of the City. Stantec will prepare responses to
comments from; Caltrans and OCSD.
Four mectintr-s are assumed between tare City, Stantec and these two agencies.
7, Construction and Bid Support Services
7.1 Bid Support Services
Stantec will address questions raised by prospective contractors regarding the technical specification and the design
drawings during the bidding process. Stantec will also assist the City in preparing addenda to tate Bid Package, if
required. This task may also include Stantec's participation in a pre-bid meeting. This task assumes 24 man-hours of
Stantec staff time for purposes of providing bid support seniccs.
7.2 Construction Support Services
This task provides for Stantec's participation in construction support services as requested by the City. These
services may include. but are not limited to, participation in on-site meetings, review of shop drawings. and review
material Submittals. This task also provides for Stantec', review and preparation of written responses to requests for
information (RFPs) that tnav be made by the contractor during the construction process. This task assumes 80 mail -
hour,,; of Stantec staff time for purposes of providing construction support senices.
7.3 Record thawing Preparation
Based on revisions to the plans that are made and recorded by the contractor during the course of construction or the
Project, Stantec will prepare as -built record drawings of the in-place improvements. This task assumes 24 man-hours
of Staaitec staff time for purposes of preparing as -built record drawings for the Project.
28-24
Table 1
Project Performance Measures for Planning, Research, Monitoring, or Assessment Activities:
BMP Effectiveness Assessment Monitoring
Arches Drainage Outfalls Bacteria Reduction Program
Project Goals
Desired Outcomes
Output Indicators
Outcome Indicators
Measurement
Tools
and Methods
Targets
1. Assess the effectiveness of the
1. Determinations of the
I . Completion of the
I. Baseline
Water quality
I . Assessment data on the
implementation of the two low
effectiveness of BMPs to
Baseline
Effectiveness
results from the
actual effectiveness of
flow diversions to reduce
reduce bacteria loading to the
Effectiveness
Assessment
previous and
the implemented BMPs
bacteria loading to the outfalls
outfalls and ultimately the
Assessment
Results
ongoing source
in addressing likely
and ultimately the reduction of
reduction of FIB
Monitoring and
2. Actual
identification
human source of fecal
FIB concentrations in the Bay
concentrations in the Bay to
sample analysis
effectiveness of
studies
bacteria from the
to significantly reduce beach
significantly reduce beach
before BMP
implemented
drainage area during dry
closings
postings.
implementation in
BMPs based on the
Tools and
weather through the
2. Assess the effectiveness of the
2. Determination of the
order to provide a
results of the
methods
constructed of two low
BMPs to address the human
effectiveness to divert 100%
basis for comparing
Baseline and post-
described in SIPP
flow diversions at the
sources of FIB exceedances at
of the dry weather flows to
conditions after
construction
Manual including
base of the two largest
the Arches Drainage outfalls
remove the bacteria loading
BMP are installed.
effectiveness
fecal indicator
drainage areas.
and Harbor Marina during dry
and potential human sources
2. Completion of the
monitoring and
bacteria
2. Assessment of the
weather that can potentially
above the diversions and from
Effectiveness
analysis.
effectiveness of the
impact nearby beaches.
over 90% of the Arches
Assessment
3. Results that
BMPs to reduce FIB
3. Assess if there remains
Drainage Area that drains to
Monitoring and
determine the
concentrations at the
anthropogenic sources of FIB
the three outfalls
sample analysis
effectiveness of
Arches Outfall and local
concentrations at the outfalls
3. Determination if the biofilm
after BMPs are
achieving the
beaches during dry
and marina that pose a risk to
in the MS4 between the
implemented
project goals of
weather
recreational users requiring the
diversion and the outfalls
3. Completion of the
addressing the
3. Assessment of likely
City to provide enhanced or
remains as a source of FIB
analysis of
likely source of
remaining sources of
additional bacteria source
exceedances at the outfalls.
Effectiveness
human fecal
FIB that are non -human
control measures as part of
Assessment
bacteria from the
but still contribute to
TMDL Bacteria Source
Monitoring data and
Arches Drainage
FIB at the outfalls, e.g.
Reduction Plan.
development of
Area that can
biofilms in the MS4
4. Assess the effectiveness of the
Final Report on the
impact beaches in
between the diversions
BMPs to reduce wet weather
effectiveness of
the Bay.
and the outfall within
FIB exceedances.
achieving the stated
the tidally influenced
project goals.
section of the MS4.
28-25
Table 2
Project Performance Measures for Load Reduction Activities and Beneficial Use Improvement
Achieve Measurable Load Reductions of Bacteria and Urban Runoff from the Watershed to Reduce Exceedances of FIB
at the Bay near the Arches Outfalls
Arches Drainage Outfalls Bacteria Reduction Program
Project Goals
Desired Outcomes
Output Indicators
Outcome
Indicators
Measurement
Tools
and Methods
Targets
1. Reduction of Bacteria
1. Reduction in bacteria loading
Measurement of
Diversion of dry
Effectiveness
1. Watershed Non-Stormwater
Loading from the
from the watershed during dry
flows and
weather flows
measured through
Flow Reduction. Flow
Watershed (dry weather
weather through the
concentrations of
resulting in
both water quality
reduction goal - 90%
flows)— Reduction goal -
implementation of the two low
FIB in flows from
reductions in
and flow
2. Reduction of Bacteria
90%
flow diversions at the base of the
the drainage area
overall bacteria
measurements
Loading form BMPs —
2. Reduction in FIB
two largest drainage areas which
above and below the
loading and
above and below
reduction goal (dry weather)-
Exceedances from Likely
are over 90% of the watershed.
diversions, at the
diversion of human
low flow diversion,
90%
Human Sources from the
2. Reduction of FIB exceedances at
outfall and in the
sources above the
at the outfall and in
3. Reduction in FIB
Drainage Areas as
the Outfalls resulting in a
Bay at AB411
diversions in dry
the Bay at A1341 1
Exceedances from Likely
measured at the Outfalls
significant reduction in posting
monitoring site 250
weather flows.
monitoring site 250
Human Sources from the
and significantly reduce
and beach closings from likely
ft. from outfalls.
ft. from outfalls.
Drainage Areas as measured
Postings(dry weather )—
human sources from the Arches
at the Outfalls of 90% and
Reduction goal - 90% of
Drainage Area during dry
significantly reduce
likely human sources from
weather through the
Postings(dry weather )
drainage areas contributing
implementation of the two low
to FIB exceedances)
flow diversions
28-26
Table 3: Summary of Anticipated Flows and Bacteria Load Reductions from Two Diversions
Sub -drainage
Diversion
Monitoring
Drainage
Measured or
FIB
Estimated
Area of Arches
Location (See
Area
Estimated
Concentration
Annual
Watershed
Figure 5)
(percent)
Average Dry
[CFUJ100mll
Bacteria Load
i
weather flow
(2)
Reduction
rate(1)
[CFU/day) (3)
1 Main
Proposed
SD3 and SD4
85
30,000 GPD
FC 52,000
FC 5.0 E109
Drainage Areas
(0.06-0.07
ET 10,500
ET 8.0 Eloy
- Costa Mesa &
cfs)
Newport Beach
above Sioswale
2 Haag Hospital
Proposed
SD2
10
20,000 GPD
FC 25,000
FC 6.0 E10'
ET8,700
ET 4.0 E107
(1) Based on the flow measurements in the V -ditch where the bioswale was constructed taken during the Storm Drain Diversion Study (Everest, 2004(: The daily peaks
ranged from 0.091 to 0.244 cubic feet per second (cfs) with an average of 0.142 cfs (92,000 gallons per day [gpol(. The overall average flow is 0.046 cfs (30,000 gpd). In
addition, the minimum measured flow at the Arches V -Ditch is about 0.02 to 0.03 cfs (13,000 to 19,000 gpd).
(2) Fecal Indicator Bacteria (FIB) concentrations based on bacteria source tracking studies conducted by the City of Newport Beach from 2012 to 2014 in coordination with
the County of Orange and Santa Ana Regional Water Quality Control Board. Concentrations for Drainage Area I (Main) are taken after the bioswale.
28-27
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1
2s -2s
City of Newport Beach
Arches Diversion Project
ESTIMATED FEES & EXPENSES
Stanfee Cnnsultinn FSA with Alta Fnvirnnmental and Dr. Femucnn Ni- R M. -
Tasks
Description No. of
dwgs
P PM
hrs hrs
PE
hrs
CADD
hrs
2MC DII
hrs hrs
MAIII MAI
hrs hrs
SAII
hrs
TFS SS DF PG SPG SSG SG CAG
hrs hrs hrs hrs hrs hrs hrs hrs
DPG Expenses
hrs
Total
hrs Fess
1. Field Survey
32
$3,768
16
32
80
$14,848
2. Construction Documents 6
$2,000
0
$2,000
2.1 30% -Level Plans
4 16
100
60
180
$21,676
2.2 60% -Level Plans, Specifications, and Estimates
2 16
100
60
178
$21,120
2.3 90% -Level Plans, Specifications, and Estimates
2 8
40
40
90
$10,188
2.4 Final Plans, Specifications, and Estimates
4
16
8
28
$3,436
3. Storm Drain Easements
40
16
8
$2,000
64
$11,880
4. Geotechnical Assessments
6 22 36 10 6
4 $11,290
84
$24,112
5. Flow and Water Quality Monitoring
$14,120
0
$14,120
5.1 Monitoring and Reporting Plan
8
24
48
64
14 8
166
$29,964
5.2 Equipment Installations and Low Flow Diversion Monitoring
8
8
36
54
48 12
166
$28,787
5.3 Flow Data Cales. and BMP Effectiveness Assessment Rpt.
8
24
54
60
32 8
186
$34,095
6. Permit Preparation and Processing
78
8
86
$15,042
7. Construction and Bid Support Services
72
32
8
$750
112
$18,518
GRAND TOTAL HOURS
8 290
312
200
32 56
0 138
178
48 58 16 6 22 36 10 6
4
1,420
GRAND TOTAL FEES 1
$2,224 $51,910 1
$42,120
$14,000 1
$8,000 1 $13,244 1
$0 1 $25,047
$29,370 1
$7,550 1 $11,931 $1,408 $1,109 $3,872 $5,584 1 $1,408 $568
$282 $30,160
1
$249,786
RATES($/Hr): $278 $179 $135 $70 $250 $237
$215 $182
$165
$157
$206 $88 $185 $176 $155 $141 $95 $70
A. Optional 2 Additional Post -Construction Monitoring I I 1 1 $1,290
$2,912
$3,960
$3,768
$1,648 1 1 1 1 1 1 1 1 $13,578
Classification Descriptions
Stantec Staff Classifications:
P = Principal
PM = Project Manager
PE = Project Engineer
CADD = CADD Operator (Environmental Technician for CEQA)
21VIC = 2 -Man Survey Crew
ESA Staff Classifications
DII = Director II
MAIII = Managing Associate III
MAI = Managing Associate I
SAII = Senior Associate II
Alta Environmental Staff Classifications
TFS = Trained Field Scientist
SS = Senior Scientist
Dr. Donna Ferguson Staff Classification
DF = Microbiologist
Nino & Moore Staff Classification
PG = Principal
SPG = Senior Project Engineer
SSG = Senior Staff Engineer
SG = Staff Engineer
CAG = CADD
DPG = Data Processor
V:\20Wpmmotion\P_2016\Public\Newport BeachWrches Oiversionfee_EMmate_071116.x1s 11M201 28_29
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Stantec Consulting Services, Inc.
Page C-1
28-30
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 each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Stantec Consulting Services, Inc. Page C-2
28-31
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
Stantec Consulting Services, Inc.
Page C-3
28-32
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
Stantec Consulting Services, Inc. Page C-4
28-33
r f L V _ATTAGI)MENT C1
Hugh Nguyen, Clerk -Recorder rry
JAN 21 2015 IE I��I IIlI III I I II NO F E E
*$ R 0 0 0 7 2 3 6 8 0 3$
Rake COUNTY CLERK ER nEPARTMOIT 201585000030 2:19 pm 01/21/15
DEPUTY 214 304 Z01
3Y' 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF EXEMPTION
To:
Office of Planning and Researob
F-11 1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Orange
El Public Services Division
P,O. Box 238
Santa Ana, CA 92702
c- 4 yztw Q e 4C01
Prom: C rtrr�l-(Applicant)
I
G
00 vv� c C2+1f�1' YrV
N ✓ Y'�- � s'r GLS C4- � 2& 6 -3
Date received for filing at OPR:
Name of Project: Arches Brain Diversion
Project Location: In the western parkway of Old Newport Boulevard 50 feet northwest
of the intersection of Old Newport Boulevard and Santa Ana Avenue.
Specific:
Project Location -City: Newport Beach Project Location. -County: Orange
Project Description: Construction of a low -flow weir in the existing storm drain box culvert to
divert small dry -weather flows to the existing 24 -inch sanitP
(90 )v T I
Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1);15268); JAN 2 1 20
Declared Emergency (Sea 21080(b)(3); 15269(a)); HUGH NOUM, Cni
Emergency Project (Sec. 21080(b)(4); 15269(b)(c); BY
X Categorical Exemption. State type and section number. Section 15301 — Minoralteration o
existing facilities,
Statutory Exemptions. State code number:
General Rule (Sec. 15061(b)(3))
Reasons why project is exempt. The project consists of diversion of small dry -weather flows into the
existing sanitary sewer involving negligible increase in flow beyond the existing flows to allow current public
health standards to be met.
Name of Public Agency Approving Project: City of Newport Beach ^ ^
Date of Approval: 1/16/15
Name of Person or Agency Carrying Out Project: City of Newport Beach
Cant7 %n:,.Robert Title: Assistant City Engineer
Signature: Tel.No. 949 644-3322 Date: f
_D
�J
CIDER
DEPOT
28-34
FILED
JAN 7 1 2015
ORANGE COUNTY CLERK -RECORDER DEPAKNIIrL
BY ZZDEPW
,,,411AQ PUMENT C2
Hugh Nguyen, Clerk-aecorder
I�I�� 11IIIII �I �II�I liIIIIIII IIlI l�llllll�� ��1lll NO FEE
*$ R 0 0 0 7 2 3 6 8 7 6$
2015850000312:28 pm 01/21/15
214 304 Z01
0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF EXEMPTION
To:
Office of Planning and Research
® 1400 Tenth Street, Room 121
Sacramento, CA 95814
ECounty Clerk, County of Orange
...IJ Public Services Division.
P.O. Box 238
Santa Ana, CA 92742
From: (Applicant)
61L
Pi10 GYic_ �Qr:Ve.
k4�w p9.1-6 e ac C4, 17-6 6 3
Date received for filing at OPR;
Name of Project: Hoag Hospital Dry -Weather Diversion
Project Location: In the eastern of Hoag Road West 75 feet southeast of the
intersection of Hoag Road West and Hoag Road East.
Specific:
Project Location -City: Newport Beach Project Location -County: Orange
Project Description: Construction of a low -flow weir in the existing storm drain to divert small
dry -weather flows to the existing 15 -inch sanitary sewer. p O S
TI
Exempt Status: (check one) r
Ministerial (Sec. 21080(b)(1);15268); JAN 21 20
Declared Emergency (Sec, 21080(b)(3); 15269(a)); HUGH NGUYEN, CLERK-
Emergency Project (Sec. 21080(b)(4); 15269(b)(c); BY.
X Categorical Exemption. State type and section number. Section 15301 -- Minor alteration o
existing facilities.
Statutory Exemptions. State code number:
General Rule (Sec. 15061(b)(3))
Reasons why project is exempt: The project consists of diversion of small dry -weather flows into the
existing sanitary sewer involving negligible increase in flow beyond the existing flows to allow current public
health standards to be met.
Name of Public Agency Approving Project: City of Newport Beach
Date of Approval: 1116115
Name of Person or Agency Carrying Out Project: City of Newport Beach
Conta t Per on: o r te' Title: Assistant City Engineer
Signature: Tel.No. 949 644-3322 Date: .5
iD
5
,E:CORDIR
DEPUI
28-35
ATTACHMENT D City of Newport Beach
BUDGET AMENDMENT
2016-17
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Decrease Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 17BA-017
AMOUNT:J $890,000.00
X
Increase in Budgetary Fund Balance
AND
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
IN
Yes
No
To increase revenue estimates and reduce expenditure appropriations to record a grant from the State Water Resources
Control Board. Reducing expenditure appropiation to match the grant amount to be used for the Arches Diversion Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Obiect Description
138 300000 Environmental Contributions Fund Balance
REVENUE ESTIMATES
0 r Object Proiect Description
13801 431500 16X11 Env Contrib CIP-Clean Beaches -Arches Storm Drain
EXPENDITURE APPROPRIATIONS
Amount
Debit Credit
* $890,000.00
$839,500.00
Description
Org Number 13801 Environmental Contributions CIP
Object Number 980000 CIP Expenditures $50,500.00
Project Number 16X11 Arches Storm Drain Dry Weather Diversion
Project String E -16X11 -UNASSIGNED -138 -UNASSIGNED
Signed:
�WCFina
r
Signed:
Admi
Signed:
Approval: City
City Council Approval: City Clerk
* Automatic
1/-t4-/
Date
ahl. 1�.
Date
t9Fii'
28-36