HomeMy WebLinkAbout09 - Big Canyon Water Balance9 �EwaoRr
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9CIFORN City Council Staff Report
Agenda Item No. 9
May 14, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A.Webb, Public Works Director
949 - 644 -3311, dawebbna newportbeachca.gov
PREPARED BY: Robert Stein, Assistant City Engineer
949 - 644 -3322, rsteifl aDnewportbeachca.gov
APPROVED: Q
TITLE: Professional Services Agreement with Daniel B. Stephens &
Associates, Inc., (DBS &A) for Big Canyon Water Balance and
Accept a Contribution from the County of Orange for Funding
ABSTRACT:
DBS &A performed groundwater field studies last year in upper Big Canyon as part of
the City's Selenium mitigation program. Additional field data collection has now been
requested by the Regional Water Quality Control Board (RWQCB). Savings from last
year's project plus an additional contribution from the County of Orange will pay for
these additional tasks along with preparation of a water balance report summarizing
findings.
RECOMMENDATIONS:
1. Accept a $40,000 contribution from the County of Orange to fund additional tasks for
an ongoing water balance study in the Big Canyon Watershed. Further, authorize
the Public Works Director or designee to represent the City for all matters pertaining
to this contribution.
2. Approve Budget Amendment No. 13BA -04o recognizing a contribution of $40,000
from the County of Orange to Account No. 255 -4913 and appropriating $40,000 to
Account No.7255— C5002004.
3. Approve a Professional Services Agreement with DBS &A of Newport Beach,
California, at a not to exceed cost of $62,893, and authorize the Mayor and City
Clerk to execute the Agreement.
1 of 36
Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS &A) for Big Canyon
Water Balance and Accept a Contribution from the County of Orange for Funding
May 14, 2013
Page 2
FUNDING REQUIRENIEN TS:
The fee for DBS &A to conduct the supplemental tasks for the water balance study and
complete the report is $62,893. Using the $22,893 remaining from the initial contract, in
addition to the $40,000 the City will be reimbursed from the County of Orange - Central
Watershed budget, adequate funding is available for the project.
Account Description Account Number Amount
Contribution 7255- CS002004 $62,893.00
DISCUSSION:
On January 10, 2012, City Council accepted a $100,000 contribution from the County of
Orange, acting on behalf of the Newport Bay watershed partners, to pay DBS &A to
prepare a water balance study in upper Big Canyon. As part of the City's work plan for
addressing selenium impacts in Big Canyon, the purpose of the water balance study is
to provide a better understanding of groundwater recharge, the groundwater flow and
movement patterns, and the mobilization and transport of selenium. Last year DBS &A
worked diligently to install p)ezometers and collect water and sediment data as defined
in their initial scope of work. These field studies have been completed and submitted to
the RWQCB for review. During this review time, the data analysis and report
preparation was put on hold (with a task budget of $22,893). The RWQCB has now
requested additional field studies and data prior to completing the data analysis and
final report; however the initial contract with DBS &A has now expired.
Staff recommends the City receive the contribution of $40,000, roll over the $22,893
remaining from the previous contract, and enter into a new agreement with DBS &A for
$62,893.00 to perform the additional field studies and prepare the final analysis and
report.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) 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.
2 of 36
Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS &A) for Big Canyon
Water Balance and Accept a Contribution from the County of Orange for Funding
May 14, 2013
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by
David A. Webb
Public Works Director
Attachments: A. Professional Services Agreement with DBS &A
B. Map of Big Canyon Watershed
C. BudgetAmendment
3 of 36
ATTACHMEN-f A
PROFESSIONAL SERVICES AGREEMENT
WITH DANIEL B. STEPI -TENS & ASSOCIATES, INC. FOR
BIG CANYON WATER BALANCE:
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') Is made and
entered Into as of this _ day of April, 2013 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and Daniel B. Stephens & Associates, Inc., a New Mexico Corporation
( "Consultant "), whose address is 260 Newport Center Drive, Newport Beach, CA 92660,
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 analytical data and water monitoring
and sampling of the Big Canyon Water Balance ('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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014 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.
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
4 of 36
performed to completion in a diligent and itmely 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 Sixty Two
Thousand Eight Hundred Ninety Three Dollars ($62,893,00), 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.
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.
Daniel 13. Stephens & Associates, Inc. Fage 5201[36
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Dates 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 McCoy 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
Assistant City Engineer 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 at matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBUTIES
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.
81 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
Daniel B. Stephens & Associates, Inc. Page bf 36
8.2 All Services shall be performed by qualified and experienced personnel
who are riot employed by City. By delivery of complelod Work, Consultant certifies that
the Work conforms to the requiroments of this Agreement, all applicablo federal, stale
and local laws, and the highest professional standard.
8.3 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 Perm of this Agreement,
8.4 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 Won< 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 and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily Injury, death or darnage to
properly), 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 "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (Including the negligent, reckless, 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).
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 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
Consultant.
Daniel B. Stephens & Associates, Inc. _ Page 4u(35
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
f 36
Daniel B. Stephens & Associates, 1 nc. Page
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 percenf (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. SUBCONTRACTfNG
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 (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.
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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
f 36
Daniel B. Stephens & Associates, Inc, Page 9 o
18. CONI ID!_NTIALITY
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.
19. 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.
20. 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. Ail 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.
21. 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.
22. 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.
Daniel B. Stephens & Associates, Inc �F36
23. CITY'S FIGHT T O EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 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 mall, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Administrative Analyst
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant al:
Attn: Dan McCoy
Daniel B. Stephens & Associates, Inc.
260 Newport Center Drive
Newport Beach, CA 92660
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Daniel B. Stephens &Associates, Inc. Page
26. 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 of seq.).
27, TERMINATION
27.1 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.
27.2 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby Incorporated by reference into this Agreement.
28.2 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.
Daniel B. Stephens & Associates, Inc. Pagel buf 36
28.3 Waiver. A waiver by either party of any broach, 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 Severablllty. 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.
28.9 Controllina 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,
28.10 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 of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arlsing
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 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)
Daniel R. Stephens & Associates, Inc. Page 136
IN WITNESS WHER11 -110F, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY Av f'C -NEY'S OFFICE
Date: �/��
By:
Aak4p /C. !-tarp
City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David A. Webb
Public Works Director
CONSULTANT: Daniel B, Stephens &
Associates, Inc., a New Mexico
Corporation
Date:
Michael Bitner
President
Date:
By:
Judith Ann Meeter
Treasurer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Daniel B. Stephens & Associates, Inc. Page ��or36
I uH18IT A
SCOPE OF SERVICES
.—Ls,of 36
OaNel B. Stephens & Assocfaies, fnc. Page A -'f
�ZlpMarch 26, 2013
Mi. Robert G. Stcin
Assistant City Euginccr
City of Newport Beach Public Works
3300 Newport Boulevard
Newport Beech, CA 92663
Rc: Scope of Work and Cost Estimate
Additional Tasks (Task Order 1)
Big Canyon Watet Balance and Related Tasks
Big Canyon Watershed
Newport Beach, California
Dear Mr. Stein;
Daniel B. Stephens & Associates, Inc. (DBS &A) is pleased to provide the City of
Newport Beach (City) our proposed scope of work and cost estimate for additional tasks
related to the Big Canyon water balance. The scope of work outlined below consists of
the following:
0 Task 1 — Supptentental Groundwater Elevation Monitoring
0 Task 2— San JoaquinReservoirpocumentReview
u 'task 3 — Supplemental Surface Water Monitoring and Samptu3g
Task 4 —Data Analysis and Reporting
Task 1— Supplements] GrouudwaterElevation Monitoring and Sampling
In review of the proposed scope of work for groundwater elevation monitoring, [lie Slate of
California Regional Water Quality Control Board (RWQCB) requested water level measurement
events coinciding with ,surface water flow measurements. Surface water flow measurements are
being conducted by Weston Solutions, Inc. (Weston) under subcontractio DBS &A (see Task 3).
DBS &A will specify, procure, iustali and maintain two (2) electronic pressure transducers and
data loggers in two selected piezometers in the Big Canyon area so that continuous water level
rne Hsi] remenls can be recorded. A bnrofnetric pressure data converter will also be purchased and
inAalted for each transducer. Continuous water level logging will continue in the two
piezometers until Weston completes both dry and wet - weather monitoring in the 2012/2013
summer /winter season (until approximately April 2013).
Unniel B. Stephens & ils.coclnres, /ne.
760 NOerporf Center Oilee 949 Milk
Newport Oeach, CA 9160 FAX 949 9994356
Mr. Robert Stein
March 26, 2013
Page 2
'fire water level data will be downloaded and reviewed to evaluate the potential relationship
between groundwater levels in upper Big Canyon and surface water flow due to irrigation and
storm water runoff.
Per RWQCB request, additional soil sample analysis will also be conducted duringpiexomcter
instal lation. Soil samples will be analyzed for grain size and total organic carbon content (TOC)
to further evaluate selenium sources in the Big Canyon area. A positive correlation betwceu
selenium content and TOC has been reported by die USGS. A sample of the Tertiary Monterey
fornnadon outcrop in lower Newport Bay (near Back Bay View) Park will also be collected for
laboratory analysis for total and speciated selenium.
Task 2 — San Joaquitr Reservoir Document Review
DBS &A will coordinate with the Irvine Ranch Water District (IRWD) to identify and obtain
copies of 1RWD documents concerning the San Joaquin reservoir geology, hydrogeology,
monitoring well /piezoulctor network, groumdwater conditions, and reservoir history. The
documents will be reviewed to evaluate potential groundwater- recharge into Big Canyon from
the reservoir area. DBS &A will visit the IRWD engineering library and identify key documents
for loan and electronic scanning. The results of the doconreat review will be summarized in the
Big Canyon reporting effort and incorporated into the water balance for uppor Big Canyon, as
appropriate.
Task 3 — Supplemental Sarfaee Water Monitoring and Sampling
In review of the proposed scope of wodt for surface water monitoring, the RWQCB requested .
supplemental monitoring in groundwater "subdrain" locations. Specifically, monitoring will be
conducted in the "Seaview" subdrain (installed c. 1975 downslope of the Big Canyon reservoir,
roughly aligned along San Miguel Drive near the northwestern reservoir boundary). Additional
monitoring will also be conducted in the "Bren" drain (also installed c. 1975, and roughly aligned
along the southern side of Bast Newport Hills Drive across from Big Carryuu reservoir and
downslope from San Miguel Drive)_ The monitoring will be conducted by Weston Solutions
wider subcontract to DBS &A (Attachment 1).
Task 9 — Data Analysis, Reporting and Project Management
DBS &A will utilize and idea porate the results ofthese additional tnsles into the water balance
and reporting effort for the upper Big Canyon watershed. The water balance will utilize
DBS &A's Distributed Parameter Watershed Model (DPW M) where possible to quantify the
contribution to groundwater recharge from deep percolation of irrigation and rainfall. In
addition, DBS&A wilt attend ameeting with fro city utilities general manager to discuss
operations at the Big Canyon reservoir, sources of potable water in the reservoir, and historical
data collection and monitoring at the reservoir. DBS &A will obtain and review the historical
170136
Mr. Rubel 't Stein
March 26, 2013
Page 3
monitoring data for incorporation itito the reporting and water balance development effort.
DBS &A will also attend it meeting of the Nitrate Selenium Management Program (NSMP) group
to deliver a presentation outlining [lie scope of work and tasks completed to -date i''orthe upper
Big Canyon water balance project.
Summary
The DBS &A Task Order request totals $62,893. This amount accounts for $22,893 of
unexpended budget previously approved (for pending tasks) and remaining at the close of
December 2012. Budgetary details of this Task Ogler request ate contained in the clutched
spi :cadsheet table (Attacl)yneut 2). The scope of work will be completed in accordance with
the Professional Services Agreement completed between the City of Newport Beach and
DBS &A dated January 10, 2012.
Please contact John Dodge at (949) 999 -3304 with any questions you have regarding this scope
of work DBS &A appreciates the opportunity to support the City of Newport Beach.
Sincerely,
DANIEL B. STEPHENS & ASSOCIATES, INC.
John J. Dodgc, PG
Sell iorHydrogeologist
Associate
Attachments:
Attachment 1 Weston scope and cost
Attachment 2 Cost summary fable
Stephen J. Cullen, PhD, PG
Principal Hydrogeologisl
Sr. Vice President
IfX.Tal l
Attachment 2
19 of 36
C'._
Wlie'1'nPF � 2rCU I IbN , Irlr:.
!i0•I'J LV VJeIi Plnt�, Giilln •ID7
Cneauhod, CA 92000
(760) 705 -6000 / (760) 031- i660 1--AX
4yy_iw.�_ {:�:N gpnoltQloi t�.cuilj
M, John Dodge February J5, 2013
Daniel B. Stephens & Associates, Inc.
200 Newport Center Drive
Newport Beach, CA 92660
Subject: Scope of Work for a Selenium Somme Identification Study iu thc)3ig Canyon
Watershed
Dear John:
Weston Sotutions, Tile. (Wes(on) is pleased to provide a Scope of Work (SOW) to cnnduct
monitoring designed to identify sources of selenium in the Big Canyon Watershed (watershed),
which drains to upper Newport Bay, The monitoring outlined in this SOW is designed to support
ongoing efforts to identify sources of selenium in the watershed by the County of Orange, the
Santa Ana Regional Water Quality Contro] Board, and other consultants, Estimated costs for the
project are summarized at the end of the document.
There are two prunary study questions that will be addressed by the study
I. Which sub- dcainages contribute the greatest flows within the watershed?
2. What are the sources of water in the watershed that contribute to elevated flows at the bottom
of the drainage (e.g., irrigation runoff; groundwater, seepage from big Cauymn Reservoir)?
To adchcss these questions, the portion of the seleniium source identification study covered in this
scope of work has three casks.
Task 1. Hydrological Characterization
This task is currently being done by Women raider an existing contract with Daniel B. Stephens
& Associates, [ne. (DRS &A).
Tnsl( 2. Installation of Addifionsl Plow Meters and Data Collection
Task 3, Water Quality Monitoring
Task 2 fund Task 3 will be done outside of the current Weston contract with Daniel B • Stephens
& Associates, Inc. (D)3S &A) and therefore will require additional funding.
Taslc 1. Hydrological Chat Heterizatiou
One way of assessing the relative contributions of inputs and outputs of flows and ostimate the
exchange of surface water and groundwater within a drainage system is to oonduct a water
balance. The purpose of the water balance is to determine the relative contributions to the overall
flow in the watershed from irrigation runoff, groundwater, and potential seepage from Big
Canyon Reservoir. In this Phase of the project, one site in the Big Canyon Watershed at the top
Page I of 3 20 of 36
tM.q`�. (,rUn�r,imn
of 1-larbor View Naturc Park, will be installed and monitored for now rutd water cbemistry.'Ihis
dada will be used to contribute to the water balance for (lie watershed being conducted by
DBS &A.
Plow monitoring data will be collected contimiowly at 9 sites (including the Park site listed
above) for a one -year period for the purpose of estimating annual watershed loads. Plow will be
determined by measuring stream stage (i.e., water depth) with a Solinst Leveloggar secured to
the hottom of the channel as close to the stream thalweg as possible. Weirs or stilling wells may
be incorporated into the installation, depending on site conditions. Date collected by the
leveloggor Will he manually downloaded dining site visits conducted on a monthly basis. In
addition to downloading data, the site visits will be used assess the need for additional stream
rafiuga (see below) and trouble shoot any flow or sampling - related issues. To convert stream
stage data to continuous flow, a stream rating will be conducted at each site during the initial
installation and periodically throughout the study period, depending un changes in site
conditions. The stream rating will be conducted using standardized strearn rating protocols
developed by the USGS (Rantz, 1982).
Two monitoring surveys will also be conducted to detennine concentrations of key constituents
at each of the sites. The surveys will be conducted durutg the following periods: Summer 2012
and Winter of 2012/2013. These periods were chosen to characterize the range of dry weather
ambient conditions throughout the year. During each survey, grab samples will be collected at
each of the 9 monitoring sites, plus the two additional monitoring sites described in Task 2.
Chemical analyses of the samples, detailed under Task 3, will include selenium speciation, total
and dissolved metals, and total dissolved solids (TDS).
Task 2. Installation of Additional Flow Meters, Data Collection, and Site Visits
Installation of additional flow meters at 2 sites adjaceatto the reservoir (Brea and Senview
subdra ins) will be performed to evaluate the owributions of ground water flow to the overall
flow in the watershed. These additional flow meters will monitor flow cottinuonsly fm a period
of 8 months to record flows during both dry weather and wet weather seasons. This task also
covers site visits with DBS &A to discuss observations and sampling locations.
Task 3. Water Quality Monitoring
Grub samples will be collected two times per survey: once in the early morning between Sant and
Sam during peak irrigation hours, and once in file early afternoon between 12pm and 3pm during
off hours for irrigation, at each of the 11 monitored sites to assess total selenium, selenitc, and
scicnate concentrations, as well as total metals and (IDS). Samples from the two time periods at
each silo may he cotnposited to represent an average daily conceutration for each site, Results
from chemical analyses of die samples will then be used to calculate daily loads to the Back Bay
and to determine where the grcateslpollutant concentrations occur in the watershed. Laboratory
analysts of water samples Cor spectated selenium will be, performed by Applied Speciation, while
Calscience Environmental Lab will perform analyses of total metals and TDS. Field
measurements will be taken at each site immediately following each sample collection to
measure pH, conductivity, temperature, and dissolved oxygen.
Page 2 of 3 21 of 36
EXHIBIT B
SCHEDULE OF BILLING RATES
f:36
Daniel B.Slephens & Associates, Inc.
1yV
lh.l)�jj
Project Bch ednto:
The project will commence upon written approval of a cunb'act amendment from the City of
Newport Reach and will adhere to the following schedule:
Hydrological CharacterizalionAugust, 2011 through February, 2013.
Installation of additional IF Meters and Data Collection: August 2012 through March 2013
Water Quality Monitoring: August 2012 tlu'ough March 2013
Cost Summary:
The costs for the project are sutnmrized below.
Task I Hydrological Characterization: 69,712 (funding covered in existing contract
between Weston and Daniel D. Stephens & Associates, 11no. (DRS &A) dated January 10, 2012)
Task 2 Installation of Additional flow Meters: $6,150
Task 3: Water Quality Monitoring: $13,680
Project Total Cost Estimate feu Taste 1; $9,712
Project Total Cost Estimate forTasks 2 and 3: $19,830
Project Total Cost:
$29,542
Total not to exceed estimated project cost for all tasks based on time and materials: $29,542
Please call Dan McCoy at 760- 795 -6905 if you have any questions or comments on this Scope
of Work.
Sincerely yours,
Dan McCoy
Project Manager
Weston Solutions, Inc.
cc: Project Pile
Page 3 of 3 23o[36
Attachment 2
24 of 36
Duu le!13. J' /a p G ens R/t sso cin l as, /u C.
25 of 36
Cost Summary for Additional Tasks
City of Newport Beach
Big Canyon Water Balance and Related Tasks
March 26, 2013
Cost Sumn7ary by Task
"Task No.
Description
Subtotal
1
Supplemental Groundwater Elevation Monitoring
$7,669
2
San Joaquin Reservoir Document Review
$4,382
3
Supplemental Surface Water Monitoring and Sampling
$19,830
4
Data Analysis and Reporting
$8,119
5
Remaining Budget from 2012 Contract
$22,893
Total:
$62,893
25 of 36
EXHIBIT IS
SCHEDULE OF BILLING RATES
_ 26 f 36
Daniel B. Stephens & Associaes, 4nc.T _ Page B -1
Task 1 Supplemental Groundwater Elevation Monitoring
_ _ Rrip.11 EEG il 111 s1t0
Dale:
March 26, 2013
�'�4`ll
nni r/ 0. .Cl nPGfnR �Q Ai. •ia /,'.v, lnr.
Project Manager:
J. DODGE
Client Name:
City of Newpod Beach
Project Name:
Dig Canyon Water Balance and Related Tasks
Project Number:
pending
Terms:
per agreement
Task 1 Supplemental Groundwater Elevation Monitoring
_ _ Rrip.11 EEG il 111 s1t0
Dale:
March 26, 2013
Estimator:
J. DODGE
Project Manager:
J. DODGE
Prepared by:
J. DODGE
Approved by:
S. CULLEN
SERVICES _
UNIT_
UNIT FEE
QUANTITY
COST
Principal
hour
$ 280.00
S
Scnior technical specialisl
Hour
225.00
2
450.00
Technical specialist
Hour
205.00
Senior engineerlscienlisl ll
Hour
10000
12
2,160.00
Senior engineer /sctenllsll
Hour
157.00
Project engineer /scientist
Hour
138.00
Staff engineer /sclen(ts1111
Hour
118.00
Staff engineer /scientist ll
Hour
108.00
22
2.370.00
Staff engineedsclenlist l
Hour
87.00
FleldAaboratory technician
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
GS analyst/database analyst
Hour
107.00
GIS technician
Hour
9700
Senior technical editor
Hour
100.00
Technical editor
Flour
85.00
Project assislanI
Hour
05.00
AssislanUpiofesslonal
Hour
75.00
Assistant technician
Hour
65.00
_ Subtotal:
36
$ 4,906.00
EXPENSES
iMARKUP
UNIT I
UNIT FEE
QUANrd.FY I
COST
Field Environmental Inc.
$
$
Micro-Diver transducers (2), data cables (2), Inc cable (1)
0%
ea
2,115.92
1
2,115.92
Baro-Diver Sensor and cable
0%
ea
567.00
1
567.00
Subtotal;
S 2,682.92
Total Direct Cost 7,068.92
FA_arkup on third party services 0.00
TASK 1 SUBTOTAL $ 7,868.92
New Mexico Gross Receipts fat Q 0.000% 0.00
TASK 1 TOTAL $ 7,668.82
27 of 35
•. 4 _
/hurl r . /D. S' /epl enx 6.lesneiule.q /ve.
Client Name.
City o' Newport Beach
Date:
March 20, 2013
Project Name:
Big Canyon Water Balance and Rotated Tasks
ESllmaloc
J. DODGE
Project Number:
pending
Project Manager.
J. DODGE
Terms'
per agreement
Pmparcd by:
J DODGC
Hour
20500
Approved by:
S. CUf.LPN
Tas h, 2 San Joaquin Reservoir Documonl Review
SERVICES _ _
UNIT
UNITFEF.j
QUANTITY
COST
Principal
Hour
S 780.Do
£
Senior technical specialist
Hour
225.00
4
40800
Technical specialist
Hour
20500
Sailor englneedscienlislB
Hour
180.00
16
2,380.00
Senlurengineedsclentlst I
Hour
153.00
Project engincodscienlisl
Hour
136.00
Staff enalOCer /scientist 111
Hour
118.00
Staff engineer /SGenllsl ll
Hour
108.00
4
432.00
Staff angineedacienhsl l
Hour
87.00
Fleldllaboralory technician
Hour
87.00
Senior graphics destoner
Hour
105.00
Senior CAD technician
Hour
47.00
GIS anal/sUdalebase analyst
Hour
107.00
GIS IeUmiclan
Hour
87.00
Senior l0chnlcal editor
Hour
100.00
Technical editor
Hour
05.00
Prolscl assistant
Hour
05.00
2
17000
Assfslanliprofessiomt
Hour
76.00
Asslslanl technician
Hoc 'r
65.00
Subtotal:
20
S 4,302.00
E %PENSES
MARKUP
UNIT
UNIT FEE I
QUANTITY
COST
S
S
_ Subtotal:
S 0.00
Total Direct Cost 4.302.00
Markup on third party services 0,00
TASK 2TOTAL _ _ 5 4,382.00
28 of 36
/ _\ \Unnl r./ D. filep Acu.v .p .LV a,J, ✓ea, Irr e.
I ._ +'
Client Name City of Nowpon Beach
Project Name: Big Canyon Waler Balance and Related Tests
Project Number: pending
Terms' per agicemonl
Taal, 3 Suonlenle11101 SUrfaro Water Mon0odnn and Sampllnu
Dale:
March 26, 2010
Eslini
J. DODGE
Project Mana0er.
J DODGE
Prepared by
J. DODGE
Approved by
S. CULLEN
SERVICES
UNIT
UNIT FEE
QUANTITY
COST
Principal
Hour
S 200.00
5
Senior tocllnleal specialist
Hour
225.00
Technlcal specialist
Hour
205.00
Sono( engineer /sclenlisf II
Hour
180.OD
Senlor engine ¢ r /scien0st l
Hour
153.00
ProfeU engineer/scientist
Itoor,
136.0D
Stall englneadsdenfisl IN
Hour
118.00
Stall engineer /sdenliSt ll
hour
100.00
Stag engineer /scienUSll
Ilour
07.00
Flaldnaboralory lechnidan
Ilour
87.00
Senior graphics designer
Hour
105.00
Senlor CAD technician
Hour
07.00
GIs onolysVdalabase analyst
Hour
107.00
GIs technician
Hour
07.00
Santa, technical editor
Hour
100.00
Technical editor
Hour
85.00
Project easistanl
Hour
85.00
AssislanVproresslonal
Hour
75.00
Assislarn technician
Hour
65.00
If subtotal:
EXPENSES
_. MARKUP
UNIT
UNITPEE
QUANTITY
COST
_y
S
Weston Solullons Pr000saldaledl /iS113
0%
1
19,830.00
1
T 10,830.00
sUliiolal:
$ 18,630.00
Total Direct Cost 98,830.00
Maif,up on lhlyd party services _ 0.00
TASK S SUBTOTAL S 19,030.00
New Mexico Gross Recelpls Tax @ 0.0001/. 0,00
TASK 3 TOTAL S 13 830.00
29 Of 38
.1' /r /gyp �/i! n /I rlollu/eF. Ili r.
Client Nant9: Cry of NemppR Beach
Woycl wino: Big Canyon water Balance and Related "fall's
Project Number: pending
Terms per agrcemenl
Task Data Analysis and Repairing
Dsle:
Mauch 26,20!3
Essilnalo,
J. DODGE
Pmleel M.enager
J. DOUCE
Praparcd by.
J. DODGE
Appro,zd by:
S. CULLEN
SERVICES
UMT
I UNI(FEE
I QUANTITY
I COST
Principal
Hour
9 280.00
S
Senior technical spedagsl
Hour
225.00
d
00000
Technical spade %el
Hour
205.00
Screw enginearlscienflsl ll
Hour
18000
0
1,440.00
Senior rnginccrfscionlisl l
Hour
153.00
24
3,67200
Project engipeedsdenOsl
Hour
13800
Stall enginear/sdemisl 111
Hour
II e.00
Staff enginearlsdenlisl II
Here
108.00
Stall epgineedsdonlisl l
How
97.00
FieldSeboralcry lecluddan
Hour
87.00
Senior graphics design&(
Hour
105.00
Senior CAD lechnician
Hour
97.00
10
1%46.0
GIS ana{y5VA6laDdse analyst
Hour
107.00
CIS Irchplcan
Hour
07.00
Senior tech steal echfpf
Hour
100.00
Technical editor
Hour
8500
Pmfeel aft0mam
Hour
86.00
426
36125
AcalslanVpmfes5iorul
Hour
'/5.00
Assisi.. I.eh dden
Hour
G9.DD
6ubloal:
88 I
S 8.N9:28
_
EXPENSES
MARKUP
UNIT
UNIT FEE
QUANTITY
COST J
5
S
__ Subtotal:
5 (IMB
'total Direct Cosl 81119.75
MaihV pa third d SeMces 000
TASI(a TOTAL S 8,119.76
30 of 36
o\ �barJe Ul. ,G ePL enr 6.lrrurrt.lua.
\Y
C9enl Wale¢ Cily al Ne,rpoNCeadl
PNjad We u: 1312 C..n5 WAvi Da:An2o ona Kelalcd Tasks
Pmjad NumLrn. Dertd,:0
T15anS pr ,, ^.p:amenl
Tnsk 6
Oat! lA010:26, W13
rafin� aloe. J DODGE
Fmmd Wan lt. J OODOE
Piepur0bV. J DDDGE
Ap vod by: S. CUCUN
SERVICES
UNIT
UNITPr:E
QUANTITY
COST
Pdndpal �-� _
Ho:::
S 20000
S
Scrl'.or lec6!u1 SPedmw
Ho0i
11500
TeOln lOoc UkSt
Hour
205.00
$kni:r pn0ineArhtlrntil II
Mu.
Ion.00
Senlo(amJtneodadanl'ol l
HUUr
IWOO
Projo!! eopinocrlscionllsl
Hevl
08.00
Slafl on0ineorlscmttSl 111
Haur
H8.00
5 {aff en0lne O dan!IS111
Mo,
100.00
5W0 .1I&. orhdonliA l
Ilea
97.00
F,o:vt pralory looWliaO
Hnnr
0 },00
SOn!Ol{I:Op111G5 dl Vflnl;
Hav(
105Ln
SenarCADler M.i n
Hour
8).00
GF dm{ysVJalebe9e analyst
Hoat
107.M
GIS lechnid.
Hour
97.00
Gonla SCC5lnical ocilof
hour
10!10.5
7wn¢lal edilol
Hcel
65.00
PmlDd..W.nl
Hour
$5.00
AS SISId11VpI Cle 55iJllili
HOUi
?500
Allml= tothP!dan
Moor
05.00
Sabloldl:
0
S 0.00
_
EXPENSES
MARKUP
UN11'
UNITFEE
QUANTITY
COST
5
S
DEnO
BOd9elc,oP!;
per lily WlVad 501008!en 2!!1!12
505 MlfI5
22,02TOp
I
22,091,
22.89L00
_ _5
RoN10IKtl Gaz1 22,091.00
JAlahap an lkTd pally Mml.S
TASK55URTOTAL 5 22.855.00
Nov, M.. G.SS PacNpla fax® O.G90A 0.00'
TASK 0 TOTAL $ 22119100
Meleup CO
0.00
31 of 36
EXI-11i
INSURANCE REQUIREIViLENTS — PROFESSIONAL. SEEi
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 irna 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.
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 Employers 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 officers, agents,
employees and volunteers.
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, one million dollars ($1,000,000) 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) with
no endorsement or modification limiting the scope or coverage for liability
assumed under a 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
32 of 36
Daniel B. Stephens & Associates, Inc. Page C -1
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 limll 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 in the aggregate. Any policy
inception dale, 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 subrogatlon
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically aiow 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.
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 and its officers, officials, employees, and agents 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
iollowing:
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
--33p( 36
Daniel B. Stephens & Associates, Inc. Page C -2
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.
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.
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.
3a If 36
Daniel B. Stephens & Associates, Inc. Page C -3
1-I. Consultant's Insurance.
own cost and expense,
judgment may be nece
the Work.
Consultant shall also procure and maintain, at its
any additional kinds of Insurance, which in its own
ssary for its proper protection and prosecution of
-Sot 36
Daniel B. Stephens & Associates, Inc. Page C -4
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City of Newport Beach NO. BA- 13BA -040
BUDGET AMENDMENT
2012 -13
EFFECT ON BUDGETARY FUND BALANCE:
Pq Increase Revenue Estimates
Increase Expenditure Appropriations AND
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:
AMOUNT: $ao,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
HX No effect on Budgetary Fund Balance
To increase revenue & expenditure appropriations due to a reimbursement agreement with the County of Orange
for additional tasks requested by the County for an ongoing water balance study in the Big Canyon Watershed, as part of
the City's selenium mitigation proqram.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Description
REVENUE ESTIMATES (3601)
Fund /Division Account Description
255 4913 Environmental Contrib - County of Orange
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7255 Environmental Contributions
Account Number C5002004 Big Canyon Wash Restoration
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: �r y'
Signed:
Signed:
Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$40,000.00
Automatic
$40,000.00
' 3
Date
Date
Date