HomeMy WebLinkAbout11 - Clean Beaches - Storm Drain Diversion Support ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
COUNCIL AGENDA
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Agenda Item No. 12
May 25, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein @city. newport-beach.ca. us
SUBJECT: CLEAN BEACHES - STORM DRAIN DIVERSION SUPPORT SERVICES
— APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
EVEREST INTERNATIONAL CONSULTANTS, INC.
RECOMMENDATION:
Approve a Professional Services Agreement with Everest International Consultants, Inc.
(Everest), of Long Beach, California, for Storm Drain Diversion Support Services at a
contract price of $57,613.00, and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
The City has received grants under the Clean Beaches Initiatives (Propositions 13 and
40 grants) that can be used to construct dry- weather storm flow diversions. Because
storm drain diversions can be expensive to operate and maintain and grant funds
cannot be used for O &M, Staff will only recommend diversions to the sanitary sewer
system that will significantly reduce bacterial loads at beaches within Newport Bay.
Therefore, a pre- engineering study is needed to determine if diversions will be effective.
Under this contract, the consultant will evaluate if any of five candidate storm drains
have high enough bacterial load to warrant a diversion. These candidate storm drains
have been selected by Staff based on a review of the weekly fecal indicator bacteria
measurements performed under the Orange County Health Care Agency's
Environmental Health Division testing program in Newport Bay. These five candidate
storm drains have been named the Arches, Dover Drive, El Paseo Drive, Carnation
Avenue and Polaris Drive storm drains. Each storm drain will be evaluated for water
quality and quantity of flow.
Six firms were invited to submit proposals to provide water quality monitoring and
evaluation services and two firms responded:
1. Everest International Consultants, Inc.
2. Moffatt & Nichol
SUBJECT: Storm Drain Diversion — Approval of Professional Services Agreement with Everest
May 25, 2004
Page 2
A committee composed of City Staff from three Departments reviewed the proposals.
The committee evaluated each firm's qualifications and past experience on similar
projects before ranking Everest the highest. Everest specializes in coastal, estuarial,
and river design and evaluations. Everest has successfully completed similar water-
quality evaluations for other cities in Southern California, as well as the Army Corps of
Engineers and the Ports of Long Beach and Los Angeles.
Staff successfully negotiated a fee of $ 57,613.00 with Everest to provide the necessary
scope of services. The scope of professional services includes:
1. Collecting and analyzing historical storm flow and water quality information
for Newport Harbor and Bay to identify patterns of bacteria levels.
2. Preparing a letter report summarizing findings and providing
recommendations for the monitoring and sampling program.
3. Performing flow monitoring of the five candidate storm drains. The flow -
monitoring program includes two weeks of continuous sampling.
4. Coordinating with the City personnel concurrently performing the water
quality sampling and the Orange County Health Care Water Quality Lab at
Shellmaker Island analyzing the samples.
5. Predicting water quality improvements in Newport Bay beach areas.
6. Preparing a letter report summarizing the methodology, evaluations and
recommendations with regard to any proposed diversion.
Funding Availability:
The work under this contract cannot be funded under the City's Proposition 13 Grant per
the provisions of that grant. However, there are sufficient funds available in the
following account for the project:
Account Description Account Number Amount
NPDES Program Funds 7231- C5100011 $57,613.00
Environmental Review:
This project is cexempt under Section 15306: Information Collection.
Submitted by
SfepbcKG. Badum
Public Works Director
Prepared by:
Robert ein, P.E. ,! V
Principal Civil Engineer
Da Kiff
Assistant City Manager
Attachment: Professional Services Agreement for Everest
PROFESSIONAL SERVICES AGREEMENT WITH
EVEREST INTERNATIONAL CONSULTANTS, INC.
FOR STORM DRAIN DIVERSION SUPPORT SERVICES
THIS AGREEMENT is made and entered into as of this _ day of
20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "(ity "), and EVEREST INTERNATIONAL CONSULTANTS, INC. a coastal
engineering consultant whose address is 444 West Ocean Boulevard, Suite 1104, Long
Beach, California, 90802 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to evaluate the potential effectiveness of implementing selected
storm drain diversions of dry weather flows to the sanitary sewer system.
C. City desires to engage Consultant to perform flow monitoring for selected storm
drain, advise City staff in collecting storm water runoff samples, analyze flow and
water quality water data, and evaluate the potential effectiveness of
implementing selected storm drain diversions. ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Dr. Ying
Poon.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31St day of December, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
In no event shall Consultant's compensation for all work performed in
accordance with this agreement, including all reimbursable items and
subconsultant fees, shall not exceed Fifty -Seven Thousand Six Hundred
Thirteen Dollars and no /100 ($ 57,613.00) without additional authorization from
City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
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relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Dr. Ying Poon to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
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reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
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Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise
required by law. Except as specifically authorized herein, the services to be
provided under this Agreement shall not be otherwise assigned, transferred;
contracted or subcontracted out without the prior written approval of City.
U.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of
CADD data for additions to this Project, for the completion of this Project by others,
or for any other Project, excepting only such use as is authorized, in writing, by
Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for
damages and liability resulting from the modification or misuse of such CADD data.
All original drawings shall be submitted to City in the version of AutoCAD used by
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
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20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records and invoices during regular business
hours. Consultant shall allow inspection of all work, data, Documents, proceedings
and activities related to the Agreement for a period of three (3) years from the date
of final payment to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Dr. Ying Poon
Everest International Consultants, Inc.
444 West Ocean Boulevard, Suite 1104
Long Beach, CA 90802
Phone: 562 - 435 -9305
Fax: 562 - 435 -9310
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City;
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
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32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Mayor
for the City of Newport Beach
CONSULTANT:
Dr. Ying Poon
Everest International Consultants,
Inc.
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f: \users\pbwGshared�agreements \fy 03- 04\everest - storm drain diversion.doc
13
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The Everest Team proposes to complete the Study tasks as outlined in the RFP following
the approach presented below. The approach will be refined in consultation with the City
during the kickoff meeting.
TASK 1: HISTORICAL STORM FLOW AND WATER QUALITY INFORMATION
The Everest team will obtain available historical storm flow and water quality data. Water
quality data sources include the NPDES Annual Progress Report. Since 2000, the Orange
County HCA, part of the Ocean Water Protection Program, has been sampling Newport Bay
weekly at 31 stations for bacteria levels and additional data are available since 1986. The
water quality sampling locations are shown in Figure 1. In the figure, the discharge
locations of the five storm drains into Newport Bay are also shown.
We will review and analyze historical water quality data that have been collected for
Newport Bay to identify spatial patterns of bacteria levels throughout Newport Bay. The
spatial analyses will identify hot spots and their relations to the storm discharge locations. In
addition, temporal changes in bacteria levels throughout the Bay will also be analyzed in
conjunction with the possible environmental forcing factors such as storm flow and
precipitation, as well as management measurements that have been implemented at various
times. These temporal analyses will be performed by plotting the timelines of total coliform
(TC), fecal coliform (FC), enterococus (EC), the ratio of total coliform to fecal coliform
(TC /FC) and other environmental forcing parameters such as storm flow and precipitation
data. The TC /FC ratio is typically used for indications of distant or local bacteria sources.
Since TC has a lower die -off rate compared to FC, a high TC /FC ratio normally signifies
distant bacteria sources while a TC /FC ratio close to unity can indicate local bacteria
sources. The timeline analysis will be useful in seeking correlation between storm flows and
bacteria levels in the Bay. Everest has used similar timeline analyses for the CBI project at
Kiddie and Hobie Beaches to help identify factors causing high bacteria levels at the two
beaches. Researchers of the University of California at Irvine (UCI) have also recently used
similar timeline analysis techniques to help their interpretation of water quality data collected
in Upper Newport Bay.
TASK 2: STORM DRAIN MONITORING
There are three components under this task: continuous flow monitoring of the five identified
storm drains, design of a water quality sampling plan for the City to implement, and analyses
and integration of the flow and water quality data to form the basis for evaluation of the
storm drain diversions. These three components are discussed in detail in the following.
EXHIBIT A
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Task 2.1 Flow Monitoring
The Everest team will carry out flow monitoring on the five sites designated by the City of
Newport Beach (Arches, Dover Drive, El Paseo Drive, Carnation Avenue, and Polaris Drive).
We understand that these sites have been designated as monitoring locations because of
the existence of a constant dry weather flow and their potential impact to water quality in
Newport Bay. Four of the five monitoring locations are large diameter concrete pipes
accessible through manholes and the last point is an open channel v- ditch. Based on
information in the RFP and the pre - proposal meeting, we understand that the Dover Drive
monitoring location access point will require a traffic control plan with lane closure and the v-
ditch will require an encroachment permit from Caltrans. The traffic control plan,
encroachment permit, confined space entry plan, and health & safety plan will be completed
and in the possession of the field crews prior to flow monitoring site installation. The RFP
states that the City will be responsible for obtaining all the encroachment permits. However,
at the pre -bid meeting, the City indicated that they may want to have the selected consultant
obtain the Caltrans encroachment permit. If the City desires, the Everest team will provide
this service as proposed in Chapter 7 -Additional Tasks and Cost Saving Measures.
The appropriate flow monitoring technology will be evaluated for each of the monitoring
points. Once a more thorough evaluation of the sites is performed, the flow measurement
systems will be designed. Based on our current understanding of the approximate depth of
flow and monitoring point configurations, we will likely use area - velocity bubbler sensors to
measure flow in the four large diameter pipe locations. The sensor uses Doppler technology
coupled with precision water depth measurement. This flow measurement technology has
the capability to measure flows from approximately three - quarters of an inch to 12 feet with
an accuracy of +/- 2% and a range of negative 5 to positive 20 feet per second. The
appropriate flow measurement technology for the open channel v -ditch is likely to be a weir.
This will be sized and shaped according to expected flows.
The Everest team will install the appropriate flow measurement equipment and continuously
measure flow for a period of seven days as specked in the RFP. Flow measurement will be
performed in conjunction with collection of water quality samples by City of Newport Beach
personnel. Flow data will be logged at 1- minute intervals over the entire monitoring period
and the monitoring system will be checked two times over the monitoring period with data
downloaded using a Data Transfer Unit (DTU). Data stored in the DTU will be transferred to
a computer following the field inspection. The downloaded flow data will be used to create
hydrographs depicting flow versus time for the seven -day period.
Task 2.2 Water Quality Sampling Plan
The primary objective of the water quality sampling program is to provide bacteria level data
for the five storm drains that can be used in conjunction with the flow monitoring data to
derive bacteria loadings from the storm drains to Newport Bay. The secondary objective is
to collect data to identify the potential impact of bacteria loading from the storm discharges
to different parts of Newport Bay, especially near beaches.
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The Everest team will prepare a water quality sampling plan identifying the location,
frequency, and duration for sampling to meet the above objectives. The program will be
designed to ensure sufficient data will be collected to provide statistically meaningful
representation of the bacteria loading for each of the storm drains. However, since the City
staff will be conducting the sampling, the sampling program will be designed to fit the City's
staff work schedule to minimize the need for overtime work. In addition, to optimize the
water sampling program such that the minimum number of samples is collected to meet the
stated objectives, the sampling locations will be selected with the help of a numerical model
that has been developed for Newport Bay by Everest during our prior work for the City. The
model will be used to evaluate possible bacteria pathways discharging into Newport Harbor
from the selected storm drains, from which the optimum sampling locations that capture the
storm discharge impact will be identified.
An example illustrating the use of the available numerical model to predict the bacteria
pathways from the storm discharges is shown in Figure 2. In the figure, the movement of
"numerical tracers" representing bacteria being discharged into Newport Bay from the five
storm locations during an ebbing tide is shown. The dots on each color line show the
location of the tracer at an hourly interval for a total of ten hours after being discharged. The
example illustrates the use of the numerical model to help identify possible bacteria
pathways, hence, help to identify the best water sampling locations that can capture the
impact of storm discharges. The example shown in Figure 2 also illustrates the complex
hydrodynamic conditions in the Bay. Bacteria discharged from the five storm drains will
affect different areas in Newport Bay.
Task 2.3 Flow and Water Quality Data Analyses
The water quality data collected by the City will be analyzed according to standard protocols
to calculate the running geometric mean as specified in the RFP. Additional analyses will be
performed to identify trends (e.g. weekday versus weekend) in the data and correlation with
the storm flow intensity. The water quality data will then be combined with the flow
hydrograph to calculate the representative pollutograph of each storm drain. The
representative pollutograph will be used to'evaluate the pollutant loadings to Newport
Harbor from each storm drain. These pollutographs will also be used as input to the water
quality numerical model described in Task 3 to evaluate the potential improvement in water
quality in Newport Bay if storm drain diversion is implemented.
Spatial variations of bacteria levels will also be examined in combination with the ongoing
data collection program of the HCA. Correlations between high bacteria levels at hot spots
and storm flows will be examined. The spatial variation in bacteria levels will also be used to
verify the numerical model that will be used to evaluate the effectiveness of storm flow
diversions in reducing bacteria levels in Newport Bay.
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TASK 3: STORM DRAIN DIVERSION ANALYSIS
The Everest Team will utilize the flow and water quality data to evaluate low -flow storm drain
diversion options. The pollutant loadings for each storm drain to Newport Harbor obtained
in Task 2 will first be compared to identify any obvious candidate for storm flow diversion.
For example, if the water quality sampling data shows that one of the storm drains has
bacteria levels and flow rates significantly lower than the other storm drains, it probably will
not be a good candidate for storm flow diversion.
For storm drains with similar flow and bacteria levels, their impact to water quality to
Newport Bay will be evaluated so that a recommendation can be made on which storm flows
to divert. The potential impact to Newport Bay from each of the five storm drains depends
on how the well the discharge from each storm drain mixes and disperses once the bacteria
enters Newport Bay. The mixing and dispersion processes are governed by the tidal
currents, channel dimensions, and channel properties. As mentioned earlier, Newport Bay
has a complex geometry; leading to complex hydrodynamic conditions from one location to
another. The hydrodynamic and water quality model that Everest has developed for
Newport Bay will be used to evaluate bacteria transport of each storm drain into Newport
Bay. Since the Proposition 13 grant the City has obtained is focused on the reduction of
AB 411 violations at beaches, special attention will be focused on the potential impact of the
storm drains to water quality at beach areas.
An example illustrating the use of the available numerical model to evaluate pollutant
transport from the storm drains into Newport Bay is shown in Figure 3. In the figure,
pollutant concentrations in the Bay resulted from continuous discharges of 1 gram per sec
(g /s) of pollutant from El Paseo Storm Drain and the Arches V -Ditch Storm are compared.
This example clearly illustrates that pollutant discharge from the two storm drains will have
very different impacts to Newport Bay. Pollutant from the Arches discharges into the
western end of Newport Bay with poor water circulation will result in high pollutant
concentration at a small local area, while pollutant from the El Paseo Storm Drain
discharges into the Bay near the harbor entrance with better flushing will result in lower
pollutant concentration over a larger area.
The numerical model results will be used to select and recommend which storm drain(s) to
be diverted that will lead to the most significant improvement in water quality in Newport
Bay. For the storm drains that have been recommended for diversion, conceptual plans on
flow diversion will also be provided. A letter report summarizing the collected flow and water
quality data, evaluation methodology and results, as well as recommendation on storm flow
diversion will be prepared. A draft report will first be submitted for the City to review. A final
report accounting for the comments provided by the City will then be prepared.
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Rate Schedule
Everest International Consultants, Inc. will provide professional services at the
following rates between January 1, 2004 and December 31, 2004.
Staff cateaory
Principal Engineer
$145
Senior Engineer /Scientist II
$130 -
Senior Engineer /Scientist 1
$115
Engineer /Scientist
$100
Assistant Engineer
$90
Staff Engineer
$75
Technician /CAD Operator
$65
Clerical
$45
Other Direct costs
Plotting
Bond
Unit Rate
$1.00 /s.f.
Vellums
$1.50 /s.f.
Mylars
$2.50 /s.f.
Copying /Binding
8.5 x 11 b &w copy
$0.08 /ea.
11 x 17 b &w copy
$0.25/ea.
8.5 x 11 color copy
$1.25 /ea.
11 x 17 color copy
$2.50 /ea.
Binding (Reports)
$1.50 /ea.
Transportation
Personal Car (Mileage) $0.36 /mile
Other Proj _ t Related x nses
Other expenses are invoiced at cost without mark up.
Subconcultant Services
Subconsultants are invoiced at cost plus an agreed mark up.
EXHIBIT B