HomeMy WebLinkAbout13 - Monitoring Stations InstallationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
June 27, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3322 or rstein @city.newport - beach.ca.us
SUBJECT: MONITORING STATIONS INSTALLATION —APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRIX
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with Geomatrix, of Newport Beach,
California, for water quality monitoring services at a contract price of $62,946.50 and
authorize the Mayor and City Clerk to execute the Agreement.
2. Authorize a transfer of $62,946.50 from Account 7014- C5100805 (Morning Canyon
Stabilization Project) to Account 7014- C5100851 (NCWS: Miscellaneous Watershed
Activities).
DISCUSSION:
Irvine Ranch Water District (IRWD) is conducting a three -year water quality study of
Buck Gully. The study will involve collecting flow and water constituent information at
four locations in the creek. In May, City staff asked IRWD to install a fifth station to
measure significant runoff from the Pelican Hill Homeowners' Association (HOA) area
which represents up to ten percent of the total dry weather flow in Buck Gully. After a
field visit with IRWD staff, IRWD determined they could not install a fifth station
because of the difficult accessibility to the site.
Another site visit was arranged with two consultants that have previously installed
monitoring facilities for the City: Geomatrix and Weston Solutions. After the site visit,
Geomatrix devised a plan to install the monitoring equipment at this remote location in
Buck Gully. Staff asked Geomatrix to prepare a scope of work and fee proposal for this
monitoring station in Buck Gully. Additionally, staff asked Geomatrix to propose
ongoing monitoring stations at two other locations in upper Morning Canyon. These
additional stations would measure flow from another section of Pelican Hill HOA and
the Pelican Hill golf course. It is estimated that dry- weather flow from the HOA and /or
golf course could account for 50 percent of the flow in Morning Canyon.
Monitoring Stations Installation —Approval of Professional Services Agreement with Geomatrix
June 27. 2006
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Geomatrix submitted a proposal to install the three monitoring stations and to perform
sample analyses for the two Morning Canyon stations for a not to exceed price of
$62,946.50. IRWD has agreed to pay for the sample analyses for the Buck Gully
monitoring station. The costs for the flow monitoring and sample analyses for the two
Morning Canyon stations are comparable to costs charged by IRWD for the four
stations it monitors in Buck Gully. Because of the difficulty accessing the site,
Geomatrix's proposed fee for the fifth monitoring station in Buck Gully is approximately
35 percent higher than the other Buck Gully stations. Staff believes the proposed cost
is reasonable as Geomatrix will need to visit the site on a weekly basis to service the
monitoring site and download data.
The scope of Geomatrix's professional services will include:
1. Installation of three flow monitoring stations,
2. Collection of flow data and water quality samples,
3. Water quality sample analyses (Morning Canyon stations only), and
4. Flow Monitoring Report
Funding Availability:
Stabilization work is about complete in Morning Canyon and unencumbered funds are
available to be transferred to fund the proposed work. Upon approval of the
recommended budget transfer, there are sufficient funds available in the following
account for the project:
Account Description Account Number Amount
NCWS - Misc. Watershed Activities 7014- C5100851 $62,946.50
Total: $62,946.50
Environmental Review:
All tasks fall under the Information Collection class of projects and are therefore
categorically exempt pursuant to CEOA Guidelines, Article 19, Section 15306.
Prepared by: Submitted by:
ci�aa6c4L:a'
Robert Stein, PV
Principal Civil Engineer
Attachment: Professional Services Agreembnt
:n G. Badum
Works Director
PROFESSIONAL SERVICES AGREEMENT
WITH GEOMATRIX
FOR BUCK GULLY DRY WEATHER MONITORING
THIS AGREEMENT is made and entered into as of this day of
2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and GEOMATRIX a California Corporation, whose address is 510 Superior
Avenue, Suite 200, California, 92663 -3627 ( "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 monitor the dry weather conditions in Buck Gully.
C. City desires to engage Consultant to install a flow monitoring station to collect
flow data from June 15, 2006 through October 15, 2006 (17 weeks), collect flow
data and water quality samples (weekly) from June 15, 2006, through October 15,
2006; and prepare a flow monitoring program. ('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 Matthew Q.
Lentz, Senior Scientist.
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 1 day of December, 2006, 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 Sixty Two Thousand Nine Hundred Forty Six Dollars and 501100
($62,946.50) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 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 writing
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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 performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matthew. Q.
Lentz, Senior Scientist 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. Bob
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.
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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
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.
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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 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
sole 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.
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
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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.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptab /e 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.
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D. Coveraqe Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all.
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
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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 (10 calendar days
written notice of non- payment of premium) 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.
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16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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.
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.
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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
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.
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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
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: Bob Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Matthew Q. Lentz
Geomatrix
510 Supericr Avenue, Suite 200
Newport Beach, CA 92663 -3627
Phone: 949 - 642 -0245
Fax: 949 -642 -4474
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 Pro,ect 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 teen, covenant or condition contained herein, whether
of the same or a different character.
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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. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. 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.
35. 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.
36. 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.
37. 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.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
C'. G-�—
Aaron Harp, Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Don Webb, Mayor
for the City of Newport Beach
GEOMATRIX
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F:\ Users \PBW \Shared\Agreements \FY 05- 06 \Geomatrix -Buck Gully Dry Weather Monitoring.doc
14
=40 Geomatrix
June 8, 2006
Mr. Robert Stein
Principal Civil Engineer
City of Newport Beach
3300 Newport Blvd
PO Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: Buck Gully and Morning Canyon Dry Weather Monitoring Scope of Work
City of Newport Beach
Dear Mr, Stein:
Pursuant to our meeting on May 16, 2006 and subsequent conversations, Geomatrix Consultants,
Inc. (Geomatrix) is pleased to submit this scope of work to provide dry weather monitoring services
to the City of Newport Beach (City). We understand the City would like Geomatrix to provide
assistance with flow measurement and sample collection to characterize dry weather flow at one
location in Buck Gully and two locations in Morning Canyon.
SCOPE OR WORK
From our discussion, we understand the project includes the following tasks:
• Install three flow monitoring stations to collect flow data from late June to October 15, 2006
(15 -16 weeks);
• Collect flow data and water quality samples (weekly) from late June to October 15, 2006
from the three monitoring stations; and
• Prepare a flow monitoring report complete with submittal of analytical data (for the two
Morning Canyon monitoring sites).
Task 1- Installation of Flow Monitoring Stations
Based on field reconnaissance performed with the City on May 16, 2006, it appears that there is
limited access to the Buck Gully monitoring location. Access is through a gated community and the
monitoring site is located in a heavily vegetated canyon. The selected location consists of a concrete
head wall with what appeared to be a 24 to 36 -inch diameter concrete pipe. As discussed during the
field reconnaissance, we propose to fabricate and install a v -notch weir at the headwall to measure
dry weather flow from the pipe.
Based on our discussion, two flow monitoring stations will be located within Morning Canyon. One
station will be located in an area upstream of Pelican Hills Golf Course and the second station will
be located downstream.
Installation of the three flow monitoring stations will require access to the gated neighborhood. For
cost purposes, we have assumed that the flow monitoring equipment (Sigma 950 and 920 flow
meters) will be provided by the City and will be appropriate for flow measurement at the monitoring
510 Superior Avenue. Suite 200 Tel 949.642.0245 . wwwgeornatrix.corn EXHIBIT A
Newport Beach, California 92663 -3627 Fax 949.642.4474
=41=
Mr. Robert Stein
City of Newport Beach
June 8, 2006
Page 2
locations. We have also assumed that the project will not require submittal of encroachment permit
applications.
Task 2 - Collection of Flow Data and Water Quality Samples
Geomatrix proposes to download flow data and collect weekly grab samples of dry weather flow for
water quality analysis. The flow data will be downloaded, the level readings will be verified, and the
battery will be checked and changed out, if necessary. Water quality samples will be collected and
delivered to the laboratory. It is our understanding that the City will be coordinating with the Irvine
Ranch Water District (IRWD) for laboratory services and that all laboratory costs will be paid by
IRWD or the City for the Buck Gully Monitoring Station. At the request of the City, we have
included analytical costs for the samples to be collected from the two Morning Canyon monitoring
sites.
Task 3 - Flow Monitoring Report and Submittal of Analytical Results
The flow monitoring report will consist of a brief letter report explaining the field program and a
summary the flow monitoring data. Hydrographs will be attached to the report. Flow data and
hydrographs can be provided on a bi- weekly basis. It is our understanding that IRWD will manage
all analytical data /reporting requirements associated with the samples collected from the Buck Gully.
Analytical data associated with the two Morning Canyon monitoring stations will be reviewed and
submitted to the City on a monthly basis. We have not included costs to develop a database or
provide statistical analysis of analytical results
COST
Our estimated costs to perform Tasks 1 through 3 are summarized on the attached Table. Our
work will be charged on a time and materials basis according to the attached Schedule of Charges
which also describes the conditions for our services.
Geomatrix looks forward to the opportunity to assist the City on this project. If you have any
questions regarding this scope of work, please do not hesitate to contact the either of the
undersigned at (949) 642 -0245.
Best regards,
GEOMATRIX CONSULTANTS, INC.
�4rO�
Matthew Q. Lentz
Senior Scientist
Attachments: Estimated Costs
Schedule of Charges
Timothy S. Simpson, P.E.
Vice President and Principal Engineer
SUMMARY OF PROJECTED COSTS
City of Newport Beach Dry Wea1Mr Mordtorlllg - Meaning Canyon KME G e o m a t r i x
Took 1.0 - InsWluian aThree Flow MOUimring Statism
Task 1 e sumea that Dow, monitoring equipment will be provided by dae City. 11 it also assumed Ih.t N enawchmmt permit well nIX be necessary
m gun ucm+and Instal
the uetiom.
Senior Technician
52 hams
®
82.00
8 2.21.W
Self Engimar/Sriantist
56 hmm
®
95.00
S 3.120.0
Scum Fngineer/Saand rt
8 hen
®
165.00
8 1,520.0
Rim apex Engioea/Saennst
2 haws
®
225.00
8 150.0
EmnpmenlCmis
ImWluia mueml,
5 scu
®
100.00
8 500.00
Vehicle
1 days
Q
75.00
S SW.W
S
8A11.W
Took 2.0- Collection of Flaw Data and Water Quality Samples
This task oosuma mu the Dow data will be downloaded and weer quality, samples will be allecmd one time each .1 donite mg station (or appmosimaw5y
15 weds.
Saner Techniclun
9 hors
®
82.W
8 758.W
Staff Engineer/scientirt
9 hours
®
95.W
S 855.W
Senior Enginw/SUenuu
05 haul
®
165.W
8 82.50
Equipment Cons
Mise sampling supplies
I 'el
@
2500
$ 25M
Field mmr(PH, letup, SC)
I day
®
$O.W
S 50.W
Vehicle
1 day
®
75.W
8 75.W
Coss for Uampliog event
8 1.825.50
Coon for l5ampling
eventa
S 27382.50
Analytical Costs for Momii, Canyon Silos
50 vita
®
gW.W
S 2 4,WO.W
Total Curt 8
51.382.50
Tank 1.0 -Flow MenhorSng RCport and SubmSnal of AnalytiW Dooa
The Dow, monitoring report will consim of.brieflener upon explaining the field peogne and summamies Ow Dow monitoring dam. Amiyticeldalewilibesubmined
electronically to the City. Nydrognphs wi116s attached to tlw npW, -'
Suft Engineer/Scientist
18 hen
®
95.W
5 1.710.W
SmierEntlimu/Sciatisl
6 hats
B
165.W
5 9W.W
Principal Engineer /Saentirt
2 hours
®
225.W
5 450M
5
1.750.0
Total Testa 1 and 5 5
62.1640
gMrs5665.060r39050600_Nexyen eeadr_Caak
GEOMATRIX CONSULTANTS, INC.
SCHEDULE OF CHARGES
For the City of Newport Beach
Effective January 27, 2006
The Schedule of Charges applies to all services provided by and/or through Geomatrix Consultants.
LABOR:
Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and
correspondence and for the time associated with production of such documents. Direct charges are not made for secretarial service, office
management, accounting, and maintenance, because these i:ems are included in overhead. Labor category charge rates for Geomatrix
Consultants, Inc. are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will
be provided on request.
LABOR CATEGORY HOURLY RATE
Principal
$200-350
Senior Consultant
200-350
Senior Decision Analyst
200-250
Senior II
175-200
Senior I
165
GIS Programmer/Web Designer
130
Project II
125
Project I
115
Field Engineer
110
Staff II
105
Staff 1
95
Senior Technician
82
Field Technician
77
CAD /Graphic Designer
85
Project Assistant
68
Technical Editor
85
Support Staff
60
Time spent in travel in the interest of the client will be chargoi at hourly rates, except that no more than 8 hours of travel time will be charged
in any day. When it is necessary for an employee to be away from the office overnight, actual costs, or a negotiated rate, will be charged for
living expenses. Employee expenses will be charged at cost plus 15 %.
Charges for expert witness services will be at the hourly rates shown. However, for depositions and for court appearances, the rate is twice
the amount shown. There will be a 4 -hour minimum per -day charge for depositions and an 8 -hour minimum per -day charge for court
appearmtces. Special accounting services will be billed at the Support Staff rate.
COMMUNICATIONS CHARGE:
Four percent (4 %) of Labor charges for routine photocopying, regular mail postage, and fax/telephone/cellular phone usage.
OUTSIDE SERVICES:
Outside services will be charged at cost plus 15 %. Corr man outside items include: consultants, drilling services, laboratory testing,
equipment and vehicle rental, printing and photographic work, postage and shipping, conference calls, travel and transportation
REIMBURSABLES:
Non - routine Photocopies $0.12 /sheet
Specialized Computer Applications $25.00/hour
Field equipment, vehicles, specialized reproduction On request
Geomatrix Consultants is an Equal Opportunity/Affirmative Action Employer, and as such adheres to all applicable federal, state, and
local laws and regulations in this regard.
1: \MARKET\P.opoyala \Xq4 Pm W, \M538.PR0.0 \New,ortBac \City of Newport Each Bchedok of Chitea EXHIBIT B
City of Newport Beach
' BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
PX Transfer Budget Appropriations
SOURCE:
X from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 06BA -079
AMOUNT: 562,946.50
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer budget appropriations for monitoring stations installation in Buck Gully.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Description
Description
Description
7014 Misc. & Studies
C5100805 Morning Canyon Stabilization
7014 Misc. & Studies
C5100851 Misc Watershed Activities
Financial Approval: Administrative Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$62,946.50
$62,946.50
r'J
Date
D e d�
Date