Loading...
HomeMy WebLinkAbout07 - C-3758 - Newport Coast Groundwater Seepage StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 March 8. 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3311 rstein @city.newport- beach.ca.us SUBJECT: NEWPORT COAST GROUNDWATER SEEPAGE STUDY- APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS — CONTRACT NO. 3758 RECOMMENDATION: Approve a Professional Services Agreement with Todd Engineers of Emeryville, California, for performing a groundwater seepage study at a contract price of $89,842 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In the past decade, seepage of water, along with new stands of willows and other flora that require a constant source of water, have been observed in Buck Gully, along Coast Highway from Corona del Mar to Newport Coast Road, and in Crystal Cove State Park. It is suspected that this seepage is due to groundwater exfiltration. The City is interested in curbing summer flows to Buck Gully, Morning Canyon and the Pelican Point Canyons (see the attached figure). This project will preliminarily assess the magnitude and potential source areas of perched flows or groundwater flows in this area. The results of this assessment will help focus the City's nuisance -flow reduction program and may lead to a larger groundwater monitoring program involving monitoring wells. Seven firms were invited to submit proposals to study the source of groundwater seepages in the oceanside area from Buck Gully to Los Trancos, including the watersheds of Buck Gully, Morning Canyon, and the Pelican Point creeks. The following four firms responded to the City's request for proposals: • BV Engineering • DMC Engineering • Miller- Brooks Environmental, Inc. • Todd Engineers SUBJECT: Newport Coast Ground Water Seepage — Approval of Professional Services Agreement with Todd Engineers March 8, 2005 Page 2 The proposals were independently reviewed by City staff to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Todd Engineers the highest. Upon selection, staff negotiated with Todd Engineers to provide the necessary scope of services for a fee of $89,842. Todd Engineers is a consulting firm specializing in groundwater studies and was founded by Dr. David Keith Todd, an internationally recognized expert in groundwater hydrology. Todd Engineers has recently completed a groundwater study for the Friends of Newport Beach and a groundwater study for the Stinson Beach County Water District which is similar in scope and size. The scope of Todd Engineers professional services will include studying the source and setting of the groundwater seepage, estimating quantity, and documenting the quantity with conventional documentation as well as state -of- the -art isotopic fingerprinting to differentiate seepage sources. Funding Availabiliit: Funds for this project are available in the following account: Account Description Account Number Amount Contributions 7251- C5100779 $89,842.00 Environmental Review: This project falls under the Information Gathering class of projects and is therefore categorically exempt per CEQA Guidelines, Article 19, Section 15306. Prepared by: ( \� Submitted Robert Stein, P. E. :Stephen G. Badum Principal Engineer Public Works Director Attachment: Exhibit Professional Services Agreement a -, ZAZ .. k f s k .. r' 47% Y &s ,•. •" rig •:: = ���''�;�1� Yr. IfLop, 1 PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS FOR NEWPORT COAST GROUNDWATER SEEPAGE STUDY THIS AGREEMENT is made and entered into as of this day of 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and TODD ENGINEERS, a corporation whose address is 2200 Powell Street, Suite 225, Emeryville, CA 94608 -1809, California, ( "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 perform a Groundwater Seepage Study in the oceanside area from Buck Gully to Los Trancos. C. City desires to engage Consultant to study the source and setting of the seepage, estimate the quantity, and document the quantity with conventional documentation as well as state -of -the art isotopic fingerprinting to differentiate seepage sources. ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal membe of Consultant for purposes of Project shall be Iris Priestaf, PhD, President. 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 December day of 31, 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. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty Nine Thousand Eight Hundred Forty Two Dollars and no /100 ($89,842.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work 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 Iris Prietstaf 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. 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 3 materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the n 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 Consultants employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 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. 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Shqnature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the 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. lI 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: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. 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. FA 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 orjoint- 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. 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. 1:3 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for 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 O invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such 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 10 the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Iris Priestaf, PhD, President Todd Engineers 2200 Powell Street, Suite 225 Emeryville, CA 94608 -1809 Phone: 510 - 595 -220 Fax: 510- 595 -2112 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, 11 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 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. 12 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: M CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach TODD ENGINEERS: In LaVonne Harkless, Iris Priestaf City Clerk President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 Todd Engineers 2/25/2005 NEWPORT COAST GROUNDWATER SEEPAGE STUDY Todd Engineers Emeryville, CA with Rivertech, Inc., and Terrell Watt, AICP, Planning Consultant SCOPE OF WORK Task 1. Research 1.1 Kickoff Meeting. We will organize and participate in a kickoff meeting in Newport Beach to discuss the scope and availability of data. This will be an opportunity to acquire as much information as possible and visit the study area. 1.2 Acquire and Review Data. We will provide the following information: • Regional hydrology, geology, and soils reports • Topographic maps • Rainfall and evapotranspiration information • Information on wells (if any); we will contact the Department of Water Resources (DWR) for water well drillers reports • Online DWR or USGS monitoring well data and DHS water quality data (if any) Buck Gully Dry Weather Flow Rate and Quality Measurements prepared by Rivertech Inc. for the Irvine Ranch Water District (IRWD) in 2004 • Dry Weather Flow Measurements, Buck Gully and Los Trances Creeks prepared by Rivertech Inc. for the Irvine Community Development Company in 2000 • Master Drainage and Runoff Management Plan prepared by Rivertech Inc. for The Irvine Company in 1989 and 1990 PowerPoint presentation on Buck Gully Headcutting Investigation by Rivertech Inc. prepared for the Orange County Coastkeeper • Stabilization, Hydrologic and Hydraulic Analyses of Morning Canyon prepared by Rivertech for the City of Newport Beach in 2002 • Water Quality Monitoring Program of Pelican Hills Golf Course by Rivertech Inc. for The Irvine Company (4 -year program) • Dr. Richard Ford's research on Pelican Hill Golf Course Monitoring Program. Exhibit A Todd Engineers 2/25/2005 The City of Newport Beach will assist in acquiring the following information: • Land use data, preferably in Geographic Information Systems (GIS) format, including timing of developments • GIS data on topography, watersheds, and drainage, including storm drain system layout • Geotechnical studies and landslide maps, including the geotechnical and soils investigation reports prepared by Leighton & Associates for Newport Coast Planned Community for The Irvine Company. • Historical aerial photographs and imagery • Data on water demands and import quantities to the watershed study areas, including potable water and recycled water • Data on water import quality • Information on potable water and recycled water sources, storage and conveyance systems • Drainage and watershed studies, County hydrology manual, • Relevant planning documents and environmental impact reports • Information on water demand and use (inside residential and outside landscaping use) • Newport Coast Watershed Program Proposition 13 Grant Proposal and related documents • IRWD Quality Assurance Project Plan (QAPP) for Buck Gully • Orange County Health Care Agency weekly bacterial monitoring Buck Gully /Corona Beach Bioregional Watershed Management Program by Orange County CoastKeepers • Dudek and Associates biological survey • Hydrology and Hydraulics and Stabilization Studies of Buck Gully by WRC for the City of Newport Beach Dr. Richard Ford's research on Crystal Cove. 1.3 Define Study Area Setting. We will define the study area and relevant physical setting for assessment of groundwater seepage in terms of climate, geography and land use, soils, and geology. Surface water and groundwater will be described in terms of quantity and quality. We will describe the hydrogeologic setting (aquifers), groundwater levels and flow, any known trends in groundwater development and levels, and groundwater quality. We will prepare cross - sections parallel and perpendicular to the coast to show the topographic and hydrogeologic features. Discussion of climatic conditions will provide a historical context for development of seeps over time and will address variations in rainfall as a potential contributor (or not) to seepage problems. The description of the study area will also include land uses and the water, wastewater, and storm drainage systems. Based on available reports, we will identify important environmental resources that may be affected by seepage, including relevant areas of special biological significance and sensitive habitats. 7 Todd Engineers 2/25/2005 1.4 Define Seepage Areas. We will use available information including sequential aerial photos to define seepage areas with the objectives of 1) selecting sites for Task 2 Field Investigation and 2) helping assess upstream/uphill sources. We will review of available information/reports and interviews with selected citizens and City and State Park staff. The City will help to identify interviewees. We will indicate major seepage areas on the watershed map. 1.5 Water Balance. We will prepare water balances with and without development to evaluate the amounts and pathways affecting groundwater. This pathway will include documentation of irrigated areas, application rates, and irrigation efficiencies to estimate percolation to groundwater. Irrigated areas will be defined through application of GIS, namely overlaying GIS land use layers (assessor's parcels, land use planning designations and densities) on a GIS watershed boundary map. We will prepare these water balances on a watershed basis and even sub - watershed basis, if needed and if data are available. The water balances also will account for effects of paving and building, which reduces direct rainfall recharge; for this analysis, we will estimate the area of the watersheds that have been rendered impervious. Information on storm runoff routing, retention, and discharge also will be reviewed. We will also identify unlined holding ponds and evaluate the percolation to groundwater. Percolation to groundwater from leaking pipelines is probably minimal, given the recent development of the area. However, we will address the potential with City staff. 1.6 Deliverable. At the end of Task 1, we will prepare a brief technical memorandum that provides a list of references, a brief synopsis of Task 1 work, and specific recommendations for the Task 2 Field Investigation. Task 2. Field Investigation and Sample Analysis 2.1 Monitoring Events. The field investigation will include two monitoring events involving location and description of major groundwater seeps and springs in the five study area watersheds, evaluation of flow in the canyons, and collection of water samples with subsequent analysis. Sampling events are dependant upon the cessation of the excessive precipitation occurring in the area, because we need to sample groundwater rather than surface water runoff from high rainfall events. The first field event will involve two days of reconnaissance and monitoring. This will include a survey along the beach/cliff front and up the canyons. We will identify major seep locations and observe stream flow at selected sites. Each seep and site will be located with our GPS, staked for further reference, photographed and described. We will describe, estimate or measure the flow of major seeps and measure or estimate flow in canyon streams at the selected sites. Selected potential sources (e.g., holding ponds), major groundwater seeps, and each stream also will be sampled; for the purposes of costing, we assume a total of 15 samples. The second field event will focus on evaluation of flow and water source sampling. The initial event will collect samples to determine nitrate, and phosphate. If sufficient concentrations exist, then we will follow up with stable isotope samples for nitrogen and oxygen in dissolved nitrate. If sufficient concentrations of these constituents are not present (possibly because of dilution from recent rainfall) then only oxygen - hydrogen (deuterium) isotopes Todd Engineers 2/25/2005 analysis will be conducted. Microbiological and bacterial DNA analysis is an option and would be recommended only if initial analysis suggests that such contaminants are present. All monitoring, sampling, and analysis will be in accordance with the project's Quality Assurance Project Plan (QAPP), which is based on California State Water Resources Control Board Surface Ambient Monitoring Program (SWAMP). 2.2 Analysis of Constituents. We will submit the samples to a California Department of Health Services (DHS) certified laboratory for the following constituents: Nitrate + nitrite (as NO3-) Nitrate + nitrite (as N) Phosphate (P042-) (assumed as P) We will also analyze for the isotopic species presented in Table 1 as part of the short-term isotope sampling program. The analytical method, general analytical precision, minimum sample size, and sampling considerations are also listed. One significant consideration in sampling is the sample volume. For most of the recommended analyses, sample quantities are not large; however, for nitrogen and oxygen isotope analysis of dissolved nitrate, the sample quantities may be large when nitrate concentrations are low, as in surface water flows and in seep water potentially diluted by recent precipitation. A brief description of each of the identified parameters, techniques for analyzing results, and the types of information that each can provide are discussed below. Table 1 Summary of Recommended Isotope Analyses SAMPLE Analytical Ceneral Field Measurements and Storage MEDIA/ Method Analytical Dlinimum Required Sample Siae Precision Life Isotope Precision Water - Oxygen - Hydrogen (Deuterium) Isotopes IS 0 IRMS (C0: o. -0.1,60 10 mL; v -SO mL preferable PI bottle preferably HDPE or equil.)- PP with tight sealing cap 'H (D) IRMS Zn �19bo 10 rnL; 250 mL preferable PI bottle preferably HDPE or > I yr reduction to H;. PP with tight sealing cap Nitrate (NO,-) - Nitrogen and Oxygen Isotopes is N Converted to N. y �o, 4 mg N Fp Acid w pH 2 with HCI; do 3 months _ IRMS -0.2%. 25 mg NO, required not use Na -azide or HNO, 1fNO3 -20 -25 nI 1.0LH,O 1f NO3 ]0- ]2.SmglL:2.OLH,O is0 IRMS (comb. to t0�5 "/o If NO3 1.0 to 1.25 nI 3.0 L Fp Acid w pH 2 with HCI; do 3 onths m CO3) H2O (lower concentrations may not use Na -azide or HNO3 require resin cartridge) IRMS = Isotope Ratio Mass Spectrometry PI = plastic HDPE = high density polyethylene PP = polypropylene Fp = field presen-ative Reference: Clark, I.D. and Fritz. P., 1997. Environmental Isolopes in Hydrogeolobnc Lewis Publishers, New York. NY, 328 p. Todd Engineers 2/25/2005 Water - Oxygen- Hydrogen (Deuterium) Isotopes Delta (S) Oxygen -1 S (180) concentrations versus the SD will be plotted on a local Meteoric Water Line (MWL) to determine possible water sources. The local MWL will be determined from precipitation analyses published in the literature and from a web -based calculator. Water samples collected from different sources (i.e., imported irrigation water, evaporation ponds, groundwater, and stream water) should show unique signatures and possible deviations from the local MWL. These will be used to determine if seepage water has distinct source signatures. Nitrogen (515N.1t,,te) and Oxygen (5180„ 1t,.t.) Isotopes in Dissolved Nitrate (NOD Nitrogen and oxygen isotopes in dissolved nitrate will be used to identify nitrate sources and possible nitrogen fate in vadose zone soils and within groundwater. Nitrogen and oxygen isotopes will be plotted on a variation diagram to determine and illustrate source types (e.g., nitrogen fertilizer, wastewater, nitrate in soil, etc.). Task 3. Evaluation and Report 3.1 Evaluation of Data. In this task, we will combine the Task 1 and 2 findings to define the links between potential sources (landscape irrigation, holding ponds, etc.) and the seepage areas. We will apply the water balance from Task 1 to reveal the quantities of new inflows to groundwater on a watershed basis. We will also use GIS information on land use, coupled with watershed maps and our maps of seepage sites, to define links between source areas and seepage areas. We will assume initially that groundwater flows do not cross major watershed divides; however, initial review of the geology indicates a bedrock setting characterized by generally northwest- trending contacts, folds, faults, and fractures that cross watershed divides. These may result in groundwater flow that transgresses watershed boundaries. We will be on the lookout for anomalies that indicate such geologic influences on groundwater flow. We will also apply the water quality sampling and analysis to support fingerprinting of potential sources and definition of direct links from source areas to seepage areas. 3.2 Report. We will prepare a brief report that describes the study area setting for seepage in the study area, presents our evaluation of the seepage problem including sources and seepage areas, and provides specific recommendations for the subsequent monitoring program, including recommendations for siting, design and installation of up to ten groundwater monitoring wells. The text of the report will be concise and readable and accompanied with suitable tables and graphics. In addition, we will provide data in appendices, as needed. We will provide the City with a draft report for review and comments. For the purposes of costing, we assume submittal of three copies of the draft report. We will address City comments on the draft and subsequently submit a final report, also in three bound copies plus one electronic copy. 3.3 Meeting. We will organize and participate in one formal meeting in Newport Beach to present the study to City staff and discuss next steps. Todd Engineers Task 4. Permit Applications 2/25/2005 4.1 Discussion with Agencies. We will organize and participate in discussions with representatives of jurisdictional agencies to present the proposed project, solicit their comments on the scope, and determine permitting requirements. We will contact local involved agencies including Orange County Health Care Agency (well permitting) and State agencies including State Parks (Crystal Cove), Department of Water Resources, State Water Resources Control Board, Regional Water Quality Control Board and the Coastal Commission, among others. To the extent possible, we will minimize meetings through use of email and telephone communication. The involved agencies and their respective roles will be summarized briefly in the Task 3 report. 4.2 Permit Applications. We will prepare and submit the permit applications, for example, well drilling permit and permit from the Coastal Commission. Task 5. Mitigated Negative Declaration The proposed monitoring program is not likely to have significant and unavoidable impacts, and in our experience, installation of monitoring wells can be accomplished with minimal disturbance. The methodology, findings, and recommendations of the initial study/Negative Declaration will be documented in detail, so that the responsible and trustee agencies and the interested public can understand the reasoning behind findings of insignificance before or after mitigation. If a mitigated negative declaration is warranted, the document will include mitigation measures necessary to reduce any potentially significant imparts to less than significant. A scoping session and early outreach to responsible and trustee agencies will assist us in preparing CEQA documents that are responsive to agency issues and concerns and do not require modification and recirculation. SCHEDULE Assuming authorization to proceed on March 8, 2005, the schedule includes the following milestones: • Kickoff Meeting: week of March 14, 2005 • Research (4 working weeks): March 17 to April 15, 2005 • Field Investigation and Laboratory Analyses (11 working weeks). This task is dependant upon weather conditions and the cessation of precipitation. Completion of seepage sampling is estimated for June 1, 2005, with analytical data return no later than July 15, 2005. • Submittal of Report (15 working weeks): September 16, 2005 • Submittal of Final Report: within 2 weeks of receipt of comments from the City • Permit Applications (185 days): November 21, 2005 • Mitigated Negative Declaration (5 working weeks): October 21, 2005 Todd Engineers 2/25/2005 This schedule assumes no delays beyond our control, including unforeseen delays in receipt of data or input from the City of Newport Beach, weather - related delays affecting field investigation and sampling, and delays from the analytical laboratory. BUDGET The budget is summarized the following spreadsheet. As indicated, the not -to- exceed budget is $84,965. We will not exceed this budget without prior written authorization by the City of Newport Beach. 7 d R E .y LU 0 U r V d d m 0 0 a 3 d z O U L W n `N rn W 99 O r E n 3 m c 3 E °w N O m r O N N J A N a O U O O q Ip � J a - 8 o0 m N ° E m � d O N O j 3 n n a N O ° m S m � Z � 0 E 0 y O _ N Z _v O E 3 m � m d 6 O ° s r E N E i E N = 5 P n o m m m b W m N Q " Z O O Exhibit B N N W 9 J N Qm F I- Nw w w w w w w w M O w w w m m W 07 M1 O f9 N Of (O Q f7 N � 1 N M1 N OI (O Q Q N N t0 N (D w OI m [�J of m C M b9 e9 e9 t9 e9 e9 f e9 9 f9 � .d. F %a W « m ° Z O O O O O N O O N O O Q O N (O f9 N 10 1 W (O OI Q LQ N Q N d a C R O o wen w w w w w w w w n w x v a w a d J N N h O O O O O N O N d C [�J M1 w w w w N Q w M1 d c a a m o N O 0 � O O O O O O O O O O d p M1 w w w w w H N E U C M1 � a w w y) 2 t w w w w w w N N Q O O O O O O O O O O t w w w w w w N N w Q O N N V p Q w w w a w a 0 0 0 0 0 0 0 0 0 a tO O Q w w w w O N w N w w w w w � O 0 0 0 0 0 0 0 0 0 0 0 t O n w w w w w w N n w w N o N d w ey ey w Y O C c C N q n E V C O y O Z V N N m C C U O a s z" _ a n U d z O a CJ N d O .� N O N Z d 0 0 Nj Q 1(j 0 L W n `N rn W 99 O r E n 3 m c 3 E °w N O m r O N N J A N a O U O O q Ip � J a - 8 o0 m N ° E m � d O N O j 3 n n a N O ° m S m � Z � 0 E 0 y O _ N Z _v O E 3 m � m d 6 O ° s r E N E i E N = 5 P n o m m m b W m N Q " Z O O Exhibit B N N W 9