HomeMy WebLinkAbout07 - Big Canyon Water BalanceAgenda Item No. 7
January 10, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 -644 -3311, sbadum @newportbeachca.gov
PREPARED BY: Robert Stein, Assistant City Engineer
APPROVED:�lVll�
Approval of Professional Services Agreement with Daniel B.
TITLE: Stephens & Associates, Inc., (DBS &A) for Big Canyon Water
Balance and Approval of MOU with County of Orange for Funding
ABSTRACT:
Approve a professional services agreement with DBS &A to conduct a water balance
study in the Big Canyon Watershed in an effort to better understand where and how
surface water is being generated to aid with reducing runoff into the Canyon.
RECOMMENDATIONS:
1. Authorize the Mayor and City Clerk to enter into an agreement with the County of
Orange (County) for the County to provide $100,000 to fund a water balance
study for the Big Canyon Watershed. Further, authorize the Public Works
Director or designee to represent the City for all matters pertaining to this
agreement.
2. Approve Budget Amendment No. 12BA -021 recognizing a contribution of
$100,000 from the County of Orange and appropriating $100,000 to Account No.
7255— C5002004.
3. Approve a Professional Services Agreement with DBS &A of Newport Beach,
California, at a cost not to exceed $100,000 and authorize the Mayor and City
Clerk to execute the Agreement after the funding resolution with the County has
been fully approved and the City receives an executed copy.
Approval of Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS &A) for
Big Canyon Water Balance and Approval of MOU with County of Orange for Funding
January 10, 2011
Page 2 of 3
FUNDING REQUIREMENTS:
The fee for DBS&A to conduct the water balance study is $100,000. The City will be
reimbursed for the entire amount from the County of Orange, Central Watershed
budget.
Account Description Account Number Amount
Contribution 7255- C5002004 $100,000.00
DISCUSSION:
The Big Canyon watershed covers two square miles. The upper reach of the watershed
includes the Big Canyon Reservoir and the Port and Yacht Community Associations.
The center portion of the watershed includes all of the Big Canyon Community
Association and golf course and the lower portion of the watershed includes the open
space area west of Jamboree Road and portions of the communities directly adjacent to
the canyon. Routine water quality monitoring in Big Canyon Creek found high selenium
concentrations in the water column. More extensive testing conducted throughout the
watershed last year confirmed high concentrations of selenium in the water column,
stream sediment, and within animal tissue including birds and fish. Based on this
testing and a review of geologic information, the current hypothesis is that recharge of
the groundwater aquifer, possible due to over - irrigation practices, has mobilized
naturally occurring selenium that was embedded in the underlying Monterey geologic
formation. Once mobilized, the selenium is carried by the groundwater and discharged
into Big Canyon Creek.
The United States Environmental Protection Agency has enacted Total Maximum Daily
Load's (TMDL) identifying selenium as a pollutant impacting the beneficial uses of
Newport Bay. The State of California is developing a selenium mitigation
implementation plan to address the problem. Watershed partners that include the City,
County and other cities and agencies in the watershed are working with Regional Water
Quality Control Board (Regional Board) under an agreement (Agreement No. D99 -128)
to develop the mitigation plan. As part of the agreement budget, the watershed partners
have agreed to provide $100,000 for the preparation of a water balance study in the Big
Canyon Watershed to provide a better understanding of groundwater recharge, the
groundwater flow pattern and the mobilization and transport of selenium. This
information will then be used to identify appropriate mitigation projects and management
tasks to reduce this water and corresponding selenium loads.
The County, with assistance from watershed partners, recently completed a
comprehensive proposal review process to select a consultant to prepare a similar
water balance study centered on the area of Peter's Canyon Wash in the Cities of Irvine
Approval of Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS&A) for
Big Canyon Water Balance and Approval of MOU with County of Orange for Funding
January 10, 2011
Page 3 of 3
and Tustin. Under this consultant selection process, DBS&A was rated highest and is
now under contract with the County. After consultation with our watershed partners and
in association with their recent recruitment for consultants, the City invited DBS&A to
prepare a proposal for similar work in the Big Canyon watershed. DBS&A prepared
a detailed scope of work for the water balance study (attached) working in close
consultation with Regional Board staff. City staff have reviewed and approved the
scope of work.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
A. Professional Services Agreement
B. Scope of Services
C. Schedule
D. Agreement with the County of Orange
E. Budget Amendment
F. Map of Big Canyon Watereshed
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PROFESSIONAL SERVICES AGREEMENT WITH
DANIEL B. STEPHENS & ASSOCIATES, INC. FOR
BIG CANYON WATER BALANCE
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of 2011, by and between the CITY
OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and DANIEL B.
STEPHENS & ASSOCIATES, INC., a California corporation ( "Consultant'), whose
address is 260 Newport Center Drive, Newport Beach, CA 92660 and is made with
reference to the following:
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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 analyze runoff and groundwater flows to provide information
that will assist the City in the Selenium Mitigation Program in the watershed.
C. City desires to engage Consultant to provide analytical data of the Big Canyon
Water Balance ('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 John J.
Dodge, PG.
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:
FNEENT41 M11
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2012, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 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.
3.2 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.
3.3 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
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Thousand Dollars and no /100 ($100,000.00) without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 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.
Daniel B. Stephens & Associates, Inc. Page 2
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4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John J. Dodge, PG to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert Stein
or his designee, shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized representative
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 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.
Daniel B. Stephens & Associates, Inc. Page 3
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7.1.3 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. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or 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 the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of 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
Daniel B. Stephens & Associates, Inc. Page 4
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policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
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.
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14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Daniel B. Stephens & Associates, Inc. Page 5
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants. The cost of such
insurance shall be included in Consultant's bid.
14.3 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.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subconsultant's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 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, blanket contractual liability.
14.6 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 accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
Daniel B. Stephens & Associates, Inc. Page 6
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14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
14.8.1.2 Enforcement of Contract Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 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.
Daniel B. Stephens &Associates, Inc. Page 7
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. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. 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.
19. 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.
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20. 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.
21. 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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 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
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performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: Robert Stein, Assistant City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
26.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: John J. Dodge, PG
Daniel B. Stephens & Associates, Inc.
260 Newport Center Drive
Newport Beach, CA 92660
Phone: 714 - 747 -9456
Fax: 949 - 999 -3356
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
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reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
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. STANDARD PROVISIONS
29.1 Compliance With all Laws
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all Work
prepared by Consultant shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29.2 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.
29.3 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.
29.4 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.
Daniel B. Stephens & Associates, Inc. Page 11
rs
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
29.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
Daniel B. Stephens & Associates, Inc. Page 12
�'
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
B �° y
Mulvihill
Assistant City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: DANIEL B. STEPHENS
& ASSOCIATES, a New Mexico
Corporation
Date:
By:
Michael Ditner,
President
Date:
By:
Judy Neeter,
Chief Financial Officer
Attachments: Exhibit A — Scope of Services & Cost Estimate
Exhibit B — Schedule of Billing Rates
Exhibit C — Estimated Project Schedule
Daniel B. Stephens &Associates, Inc. Page 14
11
I'�� �T NO
E
September 22, 2011
Mr. Robert G. Stein
Assistant City Engineer
City of Newport Beach
Public Works
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Scope of Work and Cost Estimate
Big Canyon Water Balance and Related Tasks
Big Canyon Watershed
Newport Beach, California
Dear Mr. Stein:
Daniel B. Stephens & Associates, Inc. (DBS &A) is pleased to provide the City of Newport
Beach (City) our proposed scope of work and cost estimate for the Big Canyon water balance
and related tasks as we discussed on August 24, 2011. The scope of work outlined below
consists of the following tasks:
• Task 1— Background document review;
• Task 2 — Hydrogeologic characterization;
• Task 3 — Piezometer and staff gauge installation;
• Task 4 — Groundwater mounding evaluation;
• Task 5 — Surface water flow monitoring;
• Task 6 — Water balance development; and
• Task 7 — Reporting.
Task 1— Background Document Review
DBS &A will download and review available background project documents provided by the
City related to Big Canyon area geology, hydrogeology, hydrology, water quality sampling and
previous work related to selenium total maximum daily load (TMDL) development and/or
compliance. This task also includes coordination with the City to receive available geographic
information system (GIS) files such as regional topography, utility lines, land use, and
watershed boundaries. DBS &A also assumes that the City will provide DBS &A with access to
historical water operational databases (e.g. storage, pumping, and other relevant water transfer
data) as available and appropriate.
DBS &A will coordinate with other City consultants to obtain and review boring logs,
piezometer and well construction diagrams, water level data, groundwater reports, reservoir
construction data and maps, and available construction and operational data for infrastructure in
Daniel B. Stephens & Associates, Inc.
260 Newport Center Drive 949 999 -3304
Newport Beach, CA 92660 1 q
Mr. Robert Stein
September 22, 2011
Page 2
the watershed, such as the Big Canyon Reservoir and features within the Big Canyon Country
Club property.
DBS &A will also contact Ford Motor Company (Dearborn, MI) to request access to existing
piezometers in lower Big Canyon for the purpose of periodic water level monitoring and /or
groundwater sampling. Historical water level and analytical sampling data from the former
Ford Aeronutronic Property are available through the Regional Water Quality Control Board
(RWQCB) and the State Geotracker website. DBS &A will search for and download available
Ford data that may be applicable to Big Canyon.
This task also includes a site walk with the City and /or its other consultants to view the
property and features of interest within the watershed and to cite piezometers that will be
installed under Task 3.
Task 2 — Hydrogeologic Characterization
DBS &A will utilize the information and data from Task 1 and develop a site - specific
hydrogeologic characterization of the Big Carryon watershed. This task includes the
compilation of available geologic and hydrogeologic information from literature sources and
related project documents and data, such as groundwater occurrence, water levels, regional and
local structure (folding, faulting, fractures, etc.), potential historical slope failures, historical
arroyo flowpaths, horizontal and vertical hydraulic conductivity of various lithologic units
within the watershed, piezometric surface mapping, and the configuration of surface
Quaternary alluvium deposits and underlying bedrock formations.
One set of historical aerial photographs (approximately 5 over a 100 -year period) will also be
obtained to evaluate pre- development and historical geomorphology and arroyo (surface water)
locations within the watershed.
Hydrogeologic cross - sectional diagrams will be constructed to show surface features, geologic
structure in the subsurface, and groundwater levels based on available data. One cross - section
will be oriented longitudinally through the watershed and a second cross- section will be
oriented laterally across the watershed. Both sections will be located in consultation with the
City to include and illustrate key features of interest. The cross - sections will form the basis for
groundwater flux calculations that will be completed as part of the water balance development
(Task 4). Based on the availability of water level data, a preliminary groundwater
potentiometric surface (groundwater flow) map for the watershed may also be constructed.
A master site plan for the watershed will be completed to show features of interest, including
existing and proposed piezometers, stormwater lines, other utilities, property lines, and the
watershed boundary. Companion figures will also be produced to illustrate geologic features
such as surface geology, contacts, strike and dip of mapped outcrops, and fault lines.
2v
Mr. Robert Stein
September 22, 2011
Page 3
Task 3 — Piezometer and Staff Gauge Installation
Once critical geologic and hydrogeologic data are available from Task 1 and Task 2, DBS &A
will design and install a set of new piezometers within the watershed to further characterize
groundwater occurrence and flow direction. The piezometers will provide lithologic and water
level data to complete a groundwater flow map for the watershed. The flow map will form the
basis for groundwater flux calculations that will be completed as part of water balance
development.
DBS &A understands that piezometer locations may be limited by property access with the Big
Canyon Country Club (BCCC) or available City property within the watershed. If needed,
DBS &A will work with the City to obtain access; however, formal access agreements will be
prepared by the City if needed.
Piezometer installation will be completed by a California- licensed well driller using a hollow
stem auger and the "pull- back" method of well casing installation. Piezometer casing will be 2-
inch Schedule 40 polyvinyl chloride (PVC), with five (5) feet of screen slotted 0.010 or 0.020
inch depending on lithology near the well screen. Filter sand ( 43 or 2/16) will be installed one
foot above the well screen and the remaining annulus will be backlilled with cement/bentonite
grout to grade. A depth of 35 feet is assumed for each piezometer (additional drilling footage
may result in additional project costs).
DBS &A will prepare and submit the required county well installation permits before drilling
commences. In addition, DBS &A will subcontract a geophysical utility clearance firm to
complete utility line clearance before drilling on private property where DigAlert does not have
access.
Drill cuttings will be directed to a soil bin temporarily staged near the drilling locations. Drill
cuttings will be sampled for waste characterization parameters in preparation for waste
profiling and offsite shipment for proper documented disposal.
Locking well caps and flush mount well boxes will be installed at each piezometer. The new
piezometers will supplement the existing set of piezometers in upper Big Canyon installed near
and in the vicinity of Big Canyon Reservoir. Each new piezometer will surveyed into the same
horizontal and vertical coordinate system. Selected existing piezometers will also be surveyed
into the same coordinate system. Land surveying will be completed by a California- licensed
land surveyor.
DBS &A will also purchase and install a surface water staff gauge in lower Big Canyon on the
west side of Jamboree Avenue. With BCCC permission, two additional staff gauges will also
be installed in the surface water ponds /streams on BCCC property to help identify gaining and
losing reaches along the surface water flowpaths.
2 '
Mr. Robert Stein
September 22, 2011
Page 4
The staff gauges will be used to measure standing surface water level elevation
contemporaneously with groundwater elevation measurements. The staff gauges will be
surveyed into the same coordinate system as the piezometers within the watershed so that the
water elevations can be directly compared. If possible, the surface water level within the Big
Canyon Reservoir will also be measured and surveyed into the same coordinate system so the
water surface elevation in the reservoir can be directly compared to surrounding groundwater
levels, downgradient water levels, and the elevation of standing water in lower Big Canyon.
Soil Sampling
Selected soil samples will be retained during drilling for vertical hydraulic conductivity (Kv)
analysis. The soil samples will be selected in the field based on field drilling conditions and
encountered lithology. At least one sample of the Monterey formation and the overlying
Quaternary alluvium will be collected for Kv analysis. In addition, at least one soil sample of
the Monterey formation will be collected for fixed laboratory analysis for total metals to
evaluate selenium content of the formation.
Piezometer Development
The piezometers will be developed after installation using rig - assisted wireline bailing, surging,
and pumping using a submersible pump. Development water will be directed to drums or a
water tank temporarily staged near the drilling locations. Development water will be sampled
for waste characterization parameters in preparation for waste profiling and offsite shipment for
proper documented disposal. Approximately 150 gallons of groundwater per piezometer (3
drums) is estimated for a total of 750 gallons of waste water.
Groundwater Sampling
Once development is completed in each piezometer, groundwater samples will be collected
using the development rig for submittal to a fixed (offsite) laboratory for selected analyses.
The following analyses are assumed:
• Total metals (total selenium);
• Speciated selenium;
• Cations; and
• Anions.
One round of groundwater sampling will be completed using the Smeal development rig.
Approximately 4 of the 5 new piezometers will be sampled. DBS &A will evaluate the
potential need for radon analyses in the groundwater samples and discuss this option with the
City. For costing purposes, radon sample collection and analysis is assumed to be completed in
4 selected piezometers. DBS &A will subcontract Calscience Environmental Laboratories, Inc.
for analytical laboratory services. This task also includes Piper /Stiff diagram and cation/anion
balance development and analysis using the groundwater ion data.
ZL
Mr. Robert Stein
September. 22, 2011
Page 5
Pumnine Test
DBS &A will also conduct a step -rate pumping test and a continuous -rate pumping test in one
selected piezometer to evaluate horizontal hydraulic conductivity (Kh) of the screened
formation. The pumping piezometer (pumping well) will be selected where observation
piezometers (if any) are available for drawdown and recovery data collection. Water level
measurement will be collected manually in the observation piezometers and in the pumping
well. The pumping well data will also be collected by downhole transducer.
A 4 -hour pumping test is anticipated with drawdown and recovery collected in up to 4
observation piezometers. Approximately 3 pumping rates (steps) will be attempted in the
pumping well to determine an appropriate rate for the continuous rate test. For costing
purposes, the pumping well is assumed to be able to yield 8 gallons per minute for 4 hours to
generate 1,920 gallons of pumping test water. DBS &A will deliver and stage a fluid tank at the
test area for pumping test water containment.
The well development rig (Smeal) will be utilized during the pumping test for downhole pump
installation and operation. Pumping test water will be sampled for waste characterization
parameters in preparation for waste profiling and offsite shipment for proper documented
disposal. Pumping and observation piezometer test data reduction and analysis will be
completed using traditional mathematical methods embedded within the AgteSolvTm software
package.
DBS &A will subcontract Gregg Drilling and Testing Inc. (GDT) for piezometer drilling,
development, and field assistance with groundwater sampling and pumping (Attachment A).
Ouarterly Groundwater Level Measurement
DBS &A will conduct quarterly groundwater level measurement in selected piezometers to
evaluate water levels over time. Water levels will be measured 4 times over a one year period
on a quarterly basis. Downhole measurements will be completed using a Solinist water level
meter. Data will be compiled into a table format and groundwater flow maps will be
constructed for each quarterly event.
Task 4 — Groundwater Mounding Evaluation
DBS &A will evaluate mounding of the groundwater table due to leakage from Big Canyon
Reservoir. The equations developed by I-Iantush (1967) will be used to estimate the formation
and extent of groundwater mounding beneath the reservoir. Previous estimates of reservoir
leakage rates will be used in the analytical modeling. Given the assumptions on which the
Hantush (1967) mounding equations are based, a direct mathematical solution can be
determined for hydraulic head at a given location for a given time since the onset of leakage.
This approach is therefore commonly referred to as an analytical modeling approach, similar to
the Theis solution for drawdown in an aquifer. The equations have previously been
Z3
Mr. Robert Stein
September 22, 2011
Page 6
programmed by DBS &A into a computer code for ease of application. Figure 1, attached,
presents an example of the results of the groundwater mounding analytical model.
Based on consultation with the City, DBS &A may also evaluate mounding of the groundwater
table in other areas of the watershed with apparently high rates of irrigation (e.g., residential
areas, the cemetery). The methods used to evaluate mounding in the irrigated areas will be
based on assessment of the available data record, and other site - specific factors. Analytical
methods, or simple numerical modeling, may be used for these evaluations.
Task 5 — Surface Water Flow Monitoring
Flow monitoring data will be collected continuously for a one -year period for the purpose of
estimating annual watershed loads. One site in the Big Canyon Watershed at the top of Harbor
View Nature Park monitored for flow and water chemistry. Flow will be determined by
measuring stream stage (i.e., water depth) with a Solinst Levelogger secured to the bottom of
the channel as close to the stream thalweg as possible. Weirs or stilling wells may be
incorporated into the installation, depending on site conditions. Data collected by the
levelogger will be manually downloaded during site visits conducted on a monthly basis. In
addition to downloading data, the site visits will be used assess the need for additional stream
ratings and trouble shoot any flow or sampling- related issues. To convert stream stage data to
continuous flow, a stream rating will be conducted at each site during the initial installation and
periodically throughout the study period, depending on changes in site conditions. The stream
rating will be conducted using standardized stream rating protocols developed by the USGS.
Two 24 -hour monitoring surveys will also be conducted to determine concentrations of key
constituents at each of the sites. The surveys will be conducted in February 2012 and July
2012. These periods were chosen to characterize the range of ambient conditions throughout
the year. During each survey, samples will be collected two times within a 24 -hour period at
the monitoring site. The monitoring analyte list will be developed in consultation with the
City of Newport Beach. DBS &A will subcontract Weston Solutions, Inc. to complete this task
(Attachment B).
Task 6 — Water Balance Development
For this task, DBS &A will provide a detailed hydrologic water balance of the Big Canyon
watershed. DBS &A will prepare a wet- season and dry - season water balance over two time
periods to be determined in consultation with the City. A range of potential values will be
provided based upon reasonable estimates of various physical parameters. DBS &A
understands that the City is most interested in developing a detailed water balance for the upper
portion of Big Canyon while a more approximate balance is sufficient for lower Big Canyon.
Methods used in development of the water balance will be consistent with methods DBS &A is
separately employing in development of a water balance for the Newport Bay watershed
Swamp of the Frogs area. The following components of the water balance will be included:
2¢
lvlr. Robert Stein
September 22, 2011
Page 7
Lateral groundwater inflow and outflow. Results of the hydrogeologic characterization
prepared in Task 2 will be used to provide estimates of recharge (groundwater flux) to
groundwater flow from outside of the watershed and discharge of groundwater to areas
outside of the watershed. This involves a Darcy's law calculation based on
observed /estimated hydraulic gradient, aquifer thickness and estimated hydraulic
conductivity. A range of hydraulic conductivity values will be applied.
Vertical groundwater flux between shallow and deeper tivater- bearing zones. Similarly,
results from Task 2 will be used to provide estimates of groundwater flux between the
shallow (alluvium) and deeper (bedrock) water - bearing zones.
Groundwater injection or extraction. Groundwater injection or extraction data, if any,
compiled in Task 1 will be used in the balance. This includes nuisance water capture
systems, rernediation injection systems (such as at One Ford Road), pumping wells,
injection wells, or other systems that introduce or remove groundwater to /from the
watershed.
• Groundwater discharge to surface water, and sw face water recharge to groundwater.
Groundwater /surface water flux estimates will be prepared and be used for this component
of the water balance. DBS &A recognizes that ephemeral surface water ponds, streams,
wetlands, and riparian areas exist in the watershed and that surface water /groundwater flux
may be dynamic over time. DBS &A will assist the City in a determination of which
segments of the BCCC surface water streams and ponds are gaining or losing. Other
potential features such as storm water retention basins or areas of low- impact development
(LID) (urban surfaces designed for increased infiltration) will also be evaluated and
included in the balance as appropriate.
• Pipe exfrltration/infiltration. A well - developed stonnwater capture and distribution system
exists within the watershed and DBS &A will estimate potential pipe exfiltration (leakage to
groundwater or surface water) and infiltration of groundwater or surface water into the
subsurface lines.
o Reservoir leakage. DBS &A understands that the Big Canyon Reservoir was built years ago
and has been modified once to include an asphalt sealing surface at the bottom of the
structure. Also, water held in the reservoir may be leaking into the subsurface and creating
a groundwater mound in the vicinity of the reservoir and upper Big Canyon. DBS &A will
obtain and review available City data regarding the reservoir construction, use, and
historical water input/output so that a value for reservoir leakage can be assigned in the
water balance.
• Groundwater and surface water consumption via evapotranspiration. Shallow
groundwater consumption via vegetation evapotranspiration (including special ET rates
assigned to riparian vegetation) will be assessed as a component of the water balance.
• Groundwater recharge frrom precipitation and irrigation. Recharge from precipitation and
irrigation will be estimated using publically available data and standard methods.
Estimation of recharge includes evaluation of precipitation and irrigation rates, infiltration,
evapotranspiration, soil- moisture storage, and overland runoff. The internationally
2'
Mr. Robert Stein
September 22, 2011
Page 8
recognized United Nations FAO -56 methods will be used to estimate recharge. Available
city data for potable and recycled water use (meter data), as appropriate, will be used to
assess residential, city, and commercial irrigation rates.
These additional components will be also included in the water balance based on existing
information or data:
Surface runoff and surface run -on.
Imported and exported water if any.
Surface storage (in addition to the reservoir).
The values of water flux (or storage) for each component of the budget will be input into a
spreadsheet which will be used to compute the historical groundwater and surface water
balance for each time period included in the analysis. Based on data availability, the calculated
water balance may be compared to observed changes in groundwater storage. A review,
comparison, and adjustment of the various inputs and outputs in the balance may be made until
a sufficient net sum water balance is achieved.
Task 7 — Reporting
DBS &A will prepare a written report for this project that summarizes the methods and results
of each task and includes relevant tables, figures, and appendices. A draft of the report will be
submitted to the City for one round of review and compiled written comments before City
comments are addressed and a final report is completed.
Summary
The DBS &A Task Order request (attached) totals $100,000. Budgetary details of this Task
Order request are contained in the attached spreadsheet table (Attachment C). The scope of
work will be completed in accordance with the Professional Services Agreement to be
completed between the City of Newport Beach and DBS &A (Attachment D). Our current fee
schedule is included as Attachment E. DBS &A can commence the work as soon as the
Agreement is completed and written authorization is received.
2e
Mr. Robert Stein
September 22, 2011
Page 9
Please contact John Dodge at (714) 747 -9456 with any questions you have regarding this scope
of work. DBS &A appreciates the opportunity to support the City of Newport Beach.
Sincerely,
DANIEL B. STEPHENS & ASSOCIATES, INC.
Jol-m J. Dodge, PG
Senior Hydrogeologist
Associate
Attachments:
Attachment A
Gregg Drilling estimate
Attachment B
Weston scope and cost
Attachment C
Cost summary table
Attachment E Fee schedule
for Stephen J. Cullen, PhD, PG (CA), CEM (NV)
Principal Hydrogeologist
Sr. Vice President
�1a
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B 5 years
0 1
10 years
JLand surface Note: Transmissivity = 4,800 f? /d
—& 1)aniol R. Rlonbonc X. Accnrintoc 7nr
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JN E504.0212_BRC
r land surface
2 3 4 5 6
Distance from Pond Center (miles)
Figure 1
Simulated Groundwater Mound in Cross Section
Attachment A
ga
EGG GREGG DRILLING & TESTING, INC.
Enviromnental, Geotechnical, and Marine Site Investigation Services
® 2726 Walnut Ave., Signal Hill, CA 90755 Ph: (562)427 -6899 Fax: (562)424 -2329
QUOTE FOR DRILLING SERVICES
Client: DB Stephens & Associates, Inc., Date: 9/15/2011
Contact: John Dodge E -mail: idodaeCaa dbstephens.com
Phone: 949/999 -3304
Project: Newport Beach
Scope: Utilizing our Mobile B61 hollow stem drill rig - Drill and install Five (5) 2 "- diameter Sch. 40 PVC wells to a
depth of 35' bgs. We will hand auger each location to 5' bgs - obtain soil samples at 5 -ft intervals, install 5'
of Screen, 30' of blank casing. We will provide sand, bentonite seal, Cement/bentonite grout to 2' bgs,
install 12 "- diameter surface completions. We will provide a forklift & hopper to transport cuttings to a client
provided roll -off bin. We will develop the wells with our Smeal Development rig up to 72 hours after
installation.
After initial development has been performed we will perform a 4 or 8 hour pump test in one of the wells.
Pump, generator and pipe will be provided on the Smeal rig. We will provide drums for water containment
or provide a 500 - gallon water trailer to transport water to a client provided baker tank.
Item
Description of Services
Unit Cost
Units
Estimated
Quantity
Total
1
Drill rig - mob /demob
$ 300.00
day
3
$ 900.00
Drill and sample borings
$ 28.00
ft
175
$ 4,900.00
2" Well installations
$ 12.00
ft
175
$ 2,100.00
12" Surface completions
$ 175.00
each
5
$ 875.00
Forklift delivery & pick-up
$ 350.00
each
1
$ 350.00
Forklift & hopper rental
$ 300.00
day
3
$ 900.00
Standby time
$ 280.00
hr
0
$ -
Plywood/landing mats for 1 location on grass
$ 100.00
day
1
$ 100.00
Premium time - over 8 hrs on site
$ 320.00
hr
0
$ -
2
Development rig - mob /demob
$ 300.00
day
2
$ 600.00
Operating time
$ 165.00
hr
12
$ 1,980.00
Submersible pump rental
$ 150.00
day
2
$ 300.00
Horiba meter rental
$ 85.00
day
2
$ 170.00
55- allon DOT drums
$ 45.00
each
5
$ 225.00
PET tubing
$ 0.50
1
i 175
$ 87.50
Premium time - over 8 hrs on site
$ 45.00
1hr
1 0
$ -
Sub -Total $ 13,487.50
4 hr pump test - additional costs:
Item
Description of Services
Unit Cost
Units
Estimated
Quantity
Total
1
Development rig - mob /demob - rig already on site
$ 300.00
day
0
$ -
Operating time
$ 165.00
hr
6
$ 990.00
Submersible pump rental
$ 150.00
day
0.5
$ 75.00
Horiba meter rental
$ 85.00
day
0.5
$ 42.50
55-gallon DOT drums
$ 45.00
each
5
$ 225.00
Premium time - over 8 hrs on site
1 $ 45.00
1hr
1 0
$ -
Prepared by 9/15/2011
Sub -Total $ 1,332.50
Page 1
7,1
8 hr pump test - additional costs:
Item
Description of Services
Unit Cost
Units
Estimated
QuantitV
Total
1
Development rig - mob /demob
$ 300.00
day
1
$ 300.00
Operating time
$ 165.00
hr
10
$ 1,650.00
Submersible pump rental
$ 150.00
day
1
$ 150.00
Horiba meter rental
$ 85.00
day
1
$ 85.00
55-gallon DOT drums
$ 45.00
each
10
$ 450.00
Premium time - over 8 hrs on site
1 $ 45.00
1hr
1 2
$ 90.00
Sub -Total $ 2,725.00
Additional wells will be billed for at the above rates. We estimate 2 - 3 well completions per day.
Prepared by 9/15/2011
Page 2
Z-
Attachment B
0 v
SOLUTIONS_
Mr. John Dodge
Daniel B. Stephens & Associates, Inc.
260 Newport Center Drive
Newport Beach, CA 92660
WESTON SOLUTIONS, INC.
2433 Impala Drive
Carlsbad, CA 92010
(760) 795-6900 1 (760) 931 -1580 FAX
www.westonsolutions.com
September 22, 2011
Subject: Scope of Work for a Selenium Source Identification Study in the Big Canyon
Watershed
Dear John:
Weston Solutions, Inc. (Weston) is pleased to provide a Scope of Work (SOW) to conduct
monitoring designed to identify sources of selenium in the Big Canyon Watershed (watershed);
which drains to upper Newport Bay. The monitoring outlined in this SOW is designed to support
ongoing efforts to identify sources of selenium in the watershed by the County of Orange, the
Santa Ana Regional Water Quality Control Board, and other consultants. Estimated costs for the
project are summarized at the end of the document.
There are two primary study questions that will be addressed by the study:
1. Which sub - drainages contribute the greatest flows within the watershed?
2. What are the sources of water in the watershed that contribute to elevated flows at
the bottom of the drainage (e.g., irrigation runoff, groundwater, seepage from Big
Canyon Reservoir)?
To address these questions, the portion of the selenium source identification study covered in this
scope of work has one task.
Task 1. Hydrological Characterization
This task will be used to augment work that is currently being done by Weston under an existing
contract with the City of Newport Beach.
Task 1. Hvdroloeical Characterization
One way of assessing the relative contributions of inputs and outputs of flows and estimate the
exchange of surface water and groundwater within a drainage system is to conduct a water
balance. The purpose of the water balance is to determine the relative contributions to the overall
flow in the watershed from irrigation runoff, groundwater, and potential seepage from Big
Canyon Reservoir. In this Phase of the project, one site in the Big Canyon Watershed at the top
s
SOLUTIONS
WESTON SOLUTIONS, INC.
2433 Impala Drive
Carlsbad, CA 92010
(760) 79"9001(760) 9314580 FAX
www.westonsolutions.com
of Harbor View Nature Park, will be installed and monitored for flow and water chemistry. This
data will be used to contribute to the water balance for the watershed being conducted by Daniel
B. Stephens.
Flow monitoring data will be collected continuously for a one -year period for the purpose of
estimating annual watershed loads. Flow will be determined by measuring stream stage (i.e.,
water depth) with a Solinst Levelogger secured to the bottom of the channel as close to the
stream thalweg as possible. Weirs or stilling wells may be incorporated into the installation,
depending on site conditions. Date collected by the levelogger will be manually downloaded
during site visits conducted on a monthly basis. In addition to downloading data, the site visits
will be used assess the need for additional stream ratings (see below) and trouble shoot any flow
or sampling- related issues. To convert stream stage data to continuous flow, a stream rating will
be conducted at each site during the initial installation and periodically throughout the study
period, depending on changes in site conditions. The stream rating will be conducted using
standardized stream rating protocols developed by the USGS (Rantz, 1982).
Two 24 -hour monitoring surveys will also be conducted to determine concentrations of key
constituents at each of the sites. The surveys will be conducted during the following periods
February, 2012 and July, 2012. These periods were chosen to characterize the range of ambient
conditions throughout the year. During each survey, samples will be collected two times within a
24 -hour period at the monitoring site.
Project Schedule:
The project will commence upon written approval from the Daniel B. Stephens and will adhere
to the following schedule.
Cost Summary:
The costs for the project are summarized below.
Total not to exceed estimated project cost for all tasks based on time and materials: $9,712.
VVFGT �-
SOLUTIONS
WESTON SOLUTIONS, INC.
2433 Impala Drive
Carlsbad, CA 92010
(760) 795 - 69001(760) 931.1580 FAX
www.westonsolutions.com
Please call Steve Gruber at 760 - 795 -6905 if you have any questions or comments on this Scope
of Work.
Very truly yours,
Stephen J. Gruber
Project Manager
Weston Solutions, Inc.
cc: Project File
.7
Attachment C
Cast Estimate
Daniel B. Stephens & Associates, Inc.
-0
Cost Summary For
City of Newport Beach
Big Canyon Water Balance and Related Tasks
September 22, 2011
Cost Summary by Task
Task No.
Project Description
Cost
1
Background Document Review
$6,797
2
Hydrogeologic Characterization
$7,412
3
Piezometer and Staff Gauge Installation
$42,879
4
Big Canyon Reservoir Analytical Modeling
$4,174
5
Surface Water Flow Monitoring
$9,712
6
Water Balance Development
$11,097
7
lReporting
$17,929
Total:
$100,000
-0
'a t
Daniel B. Stephens & Associates, Inc.
Client Name:
City of Newport Beach
Project Name:
Big Canyon Water Balance and Related Tasks
Project Number.
pending
Terms:
per agreement
Task 1 Background Document Review
Cost Estimate
Date: September 22, 2011
Estimator: J. DODGE
Project Manager: J. DODGE
Prepared by: J. DODGE
Approved by: S. CULLEN
SERVICES
UNIT
UNIT FEE
QUANTITY
COST
Principal
Hour
$ 280.00
$
Senior technical specialist
Hour
225.00
2
450.00
Technical specialist
Hour
205.00
Senior engineer /scientist II
Hour
180.00
24
4,341.00
Senior engineer /scientistI
Hour
153.00
12
1,836.00
Project engineer /scientist
Hour
138.00
Staff engineer /scientist III
Hour
118.00
Staff engineer /scientist II
Hour
108.00
Staff engineer /scientist I
Hour
97.00
Fiekl/laboratory technician
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
GIS analyst/database analyst
Hour
107.00
GIs technician
Hour
97.00
Senior technical editor
Hour
100.00
Technical editor
Hour
85.00
Project assistant
Hour
85.00
2
170.00
Assistant/professional
Hour
75.00
Assistant technician
Hour
65.00
Subtotal:
40
$ 6,797.00
EXPENSES
MARKUP
UNIT
UNIT FEE
QUANTITY
COST
S
$
Subtotal:
$ 0.00
Total Direct Cost 6,797.00
Markup on third party services 0.0
TASK 1 SUBTOTAL $ 6,797.00
New Mexico Gross Receipts Tax @ 0.000% 0.00
TASK 1 TOTAL $ 6,797.00
ti
'� Dauiel
Stephens A Associates,
Client Name:
City of Newport Beach
Project Name:
Big Canyon Water Balance and Related Tasks
Project Number.
pending
Terms:
per agreement
Task 2 H dro eolo is Characterization
Date: September 22, 2011
Estimator: J. DODGE
Project Manager J. DODGE
Prepared by: J. DODGE
Approved by: S. CULLEN
SERVICES
UNIT
UNIT FEE
QUANTITY
COST
Principal
Hour
$ 280.00
S
Senior technical specialist
Hour
225.00
1
22500
Technical specialist
Hour
205.00
Senior engineer /scientist II
Hour
180.00
30
5,400.00
Senior engineer /scienlisll
Hour
15100
Project engineedscientist
Hour
138.00
Staff engineer /scientist III
Hour
118.00
Staff engineedscientist II
Hour
108.00
Staff engineer /scientist I
Hour
97.00
Fieldllabomtory technician
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
16
1.552.00
GIS analyst/database analyst
Hour
107.00
GIS technician
Hour
97.00
Senior technical editor
Hour
100.00
Technical editor
Hour
85.00
Project assistant
Hour
85.00
i
85,00
AssistanU pro fessional
Hour
75.00
Assistant technician
I Hour
1 65.00
Subtotal:
1 48
1 $ 7,262.00
EXPENSES
MARKUP
I UNIT
UNIT FEE
I QUANTITY
COST
$
5
Aenal photos (estimate)
0`1,
1
150.00
1
150.00
Subtotal:
$ 150.00
otal Direct Cost 7,412.00
Markup on third party services 000
TASK 2 TOTAL $ 7,412.00
®DUIJI. JpDbo D Avee44a. /u.
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ER ]TOiILL S 51,5110
6'
..ti
Client Name:
Project Name:
Project Number.
Terms'.
Dan le/B. Stephens @ Associates, Inc
City of Newport Beach
Big Canyon Water Balance and Related Tasks
pending
per agreement
Task 4 Bio Canvon Reservoir Analvtical Modelina
Date:
September 22, 2011
Estimator.
J. DODGE
Project Manager.
J. DODGE
Prepared by:
J. DODGE
Approved by:
S. CULLEN
SERVICES
UNIT
UNIT FEE
QUANTITY
COST
Principal
Hour
$ 280.00
$
Semorlechnical specialist
Hour
225.00
1
225.00
Technical specialist
Hour
205.00
Senior engineedscientist ll
Hour
180.00
1
180.00
Senior engineer /sclen8stI
Hour
153.00
24
3.672.D0
Project engineer /scientist
Hour
138.00
Staff engineer /scientist III
Hour
118.00
Staff engineer /scientist II
Hour
108.00
Staff engineer /scientist I
Hour
97.00
Field/laboretory, technician
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
t
97.00
GIS analyst/database analyst
Hour
107.00
GIS technician
Hour
97.00
Senior technical editor
Hour
100.00
Technical editor
Hour
85.00
Project assistant
Hour
85.00
Assistant/prufassional
Hour
75.00
Assistant technician
Hour
65.00
Subtotal:
27
$ 4,174.00
E %PENSES
MARKUP
UNIT
UNIT FEE
QUANTITY
COST
5
$
Subtotal:
$ 0.00
Total Direct Cost 4,174.00
Markup on third party services 0.00
TASK 4 TOTAL $ 4,174.00
' $Daniei R. Stephens A Associates, Inc.
Client Name:
City of Newport Beach
Project Name:
Big Canyon Water Balance and Related Tasks
Project Number
pending
Terms:
per agreement
Task 5 Surface Water Flow Monitorino
Date: September 22, 2011
UNIT
Estimator:
J. DODGE
Project Manager:
J. DODGE
Prepared by:
J. DODGE
Approved by:
S. CULLEN
SERVICES
UNIT
UNIT FEE
QUANTITY
COST
Principal
Hour
$ 28000
g
Senior technical specialist
Hour
225.00
Technical specialist
Hour
205.00
Senior engineedscientisl ll
Hour
180,00
Senior engineedscienlist l
Hour
153.00
Project engineer /scientist
Hour
138.00
Staff englneer /scientist III
Hour
118.00
Staff engineer / sclentisl II
Hour
108.00
Staff engineer/scientist I
Hour
97.00
Fieldllaboratory technician
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
GIS anatystfdatabase analyst
Hour
107.00
GIS technician
Hour
97.00
Senior technical editor
Hour
100.00
Technical editor
Hour
85.00
Project assistant
Hour
85.00
AssistanVprofessional
Hour
75.00
Assistant technician
Hour
65.00
Subtotal:
EXPENSES
MARKUP
UNIT
UNIT FEE
QUANTITY
COST
$
5
Weston Solutions proposal Scope 6 dated 9!22/11
0%
1
971200
i
971200
Subtotal:
$ 9,712.00
Total Direct Cost 9,712.00
Markup on third art services 0.00
TASK 5 SUBTOTAL S 9,712.00
New Mexico Gross Receipts Tax @ 0 occ', 0 00
TASK 5 TOTAL S 9,712.00
it j
°a Da siel B. Step he ar & Assae later. Iae.
Client Name:
City of Newport Beach
Project Name:
Big Canyon Water Balance and Related Tasks
Project Number:
pending
Terms:
per agreement
Task 6 Water Balance Development
Date: September 22, 2011
UNIT
Estimator:
J. DODGE
Project Manager:
J. DODGE
Prepared by
J. DODGE
Approved by:
S. CULLEN
SERVICES
UNIT
UNITFEE
QUANTITY
COST
Principal
Hour
$ 280.00
$
Senior technical specialist
Hour
225.00
1
225.DD
Technical specialist
Hour
205.00
Senior engineer /scientist ll
Hour
180.00
24
4,320.0
Senior engineer /scientistI
Hour
153.00
40
6,120.
Project engineer /scientist
Hour
138.00
Staff engineer /scientist III
Hour
118.00
Staff engineer /scientist 11
Hour
108.00
4
432.00
Staff engineer /scientist I
Hour
97.00
Fieldilaboratory technician
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
GIS analysUtlatabass analyst
Hour
107.00
GIS technician
Hour
97.00
Senior technical editor
Hour
100.00
Technical editor
Hour
85.00
Project assistant
Hour
85.00
Assistant/professional
Hour
75.00
Assistant technician
Hour
65.00
1
Subtotal:
69
1 $ 11,097.00
EXPENSES
MARKUP
UNIT
UNIT FEE
I QUANTITY
COST
$
5
Subtotal:
$ 0.00
Total Direct Cost 11,097.00
Markup on third party services 000
TASK 6 TOTAL $ 11,097.00
Deelel B. Stephens A Asseeletes. Inc.
Client Nam:
City of Newport Beach
Date: September 22, 2011
Project Name:
Big Canyon Water Balance and Related Tasks
Estimator
Project Number
pending
Project Manager.
Terms:
per agreement
Prepared by
225.00
4
Approved by.
Task 7
Reporting
205.00
J. DODGE
J. DODGE
J. DODGE
S. CULLEN
SERVICES
UNIT
UNIT FEE
QUANTITY
COST
Principal
Hour
$ 280.00
S
Semortechnical specialist
Hour
225.00
4
900.00
Technical specialist
Hour
205.00
Senior engineer /scientist ll
Hour
180.00
40
7,200.00
Senior engineer /scientistI
Hour
153.00
40
6,120.0
Project engineer /scientist
Hour
138.00
Staff engineer /scienbsl 111
Hour
118.00
Staff engineer /scientist ll
Hour
108.00
12
1,296.00
Staff engineer /scienbst l
Hour
97.00
Fieldhaboratory technican
Hour
87.00
Senior graphics designer
Hour
105.00
Senior CAD technician
Hour
97.00
24
2.328.0
GIS analystfdatabase analyst
Hour
107.00
GIS technician
Hour
97.00
Seniortechnical editor
Hour
100.00
Technical editor
Hour
85.00
Project assistant
Hour
85.00
1
85.00
Assistant/professional
Hour
75.00
Assistant technician
I Hour
1 65.00
Subtotal:
121
$ 17,929.00
EXPENSES
MARKUP
I UNIT
UNITFEE
QUANTITY
COST
S
$
Subtotal:
f 0.00
otal Direct Cost 17,929.00
Markup on third a. Services 0.00
TASK 7 TOTAL $ 17,929.00
A tachment E
'b
Daniel B. Stephens & Associates, Inc.
Schedule of Fees, California
(Effective January 1, 2011 through December 31, 2011)
Professional Services
Principal....................................................... ...............................
Senior Technical Specialist .........................
Technical Specialist ...... ...............................
Senior Engineer /Scientist II .........................
Senior Engineer /Scientist I ..........................
Project Engineer/ Scientist ...........................
Staff Engineer /Scientist III ...........................
Staff Engineer /Scientist II ............................
Staff Engineer /Scientist I .............................
Field /Lab Technician .... ...............................
Senior Graphics Designer ...........................
Senior CAD Technician ...............................
GIS Analyst/Database Analyst ....................
GIS Technician ............. ...............................
Senior Technical Editor ...............................
Technical Editor ............ ...............................
Project Assistant ........... ...............................
Assistant/Professional .. ...............................
Assistant Technician .... ...............................
.. ............................... $280.00/hour
.. ............................... $225.00/hour
.. ............................... $205.00/hour
.............. ...................$180.00/hour
.............. ...................$153.00/hour
.............. ...................$138.00 /hour
$118 00 /hour
........................................ I...............
...... ............................... ...................$108.00 /hour
........................... ............................... $97.00/hour
....... ............................... ....................$87.00
/hour
......................... ............................... $105.001hour
........................... ............................... $97.00/hour
......................... ............................... $107.00
/hour
........................... ............................... $97.00
/hour
......................... ............................... $100.00
/hour
........................... ............................... $85.00/hour
........................... ............................... $85.00
/hour
........................... ............................... $75.00
/hour
........................... ............................... $65.00/hour
A'1
40
Estimated Project Schedule
Big Canyon Water Balance and Related Tasks
ID
Task Name Duration
12012
ov'11 IDec'11
Jan'12 Feb'12 Mar'12 A r'12 Ma '12 Jun'12 Jul'12 IAu '12 Se '12 Ocl'12 Nov'12 Dec'12
6 4
1 8 5 4 1 8 6
3 1 8 i 51 1 2 9 71 4' 12
9 '
1
Contract Approval 0days
Q 11/22
,
I
i
2
i
I t
3
Project Start Odays
---------- _--------------------------------------- .
Background Document Review 15 days
.'
11129 I Q
j�
I
a
+
II
I
; , I
'
� •
5
i
Fly drogeologic Characterization I 190 days
7
8
F Piezomeler Installation 5 days
i,
❑
I '
99
10
Staff Gauge Installation 2 days
Groundwater Monitoring 1 I 1 day
,
71
Groundwater Monitoring 2 —1 day
12
Groundwater Monitoring 3 � 'I tley'
I
i
±
'
.Q
13
Groundwater Monitoring 4 1 day
f
+
!
p I
.. ., ... ... ....,, ... .....
ff
i
74
75
Mounding Evaluation — — 10 days
17
Surtace Water Flow Monitoring 262 days
t i
I
�
I I
78
st__--
Flow M 10 days
19
.________ _____....__________ --- ______...
----- -
I Monthly Monitoring-Start 0 days
;
1
❑
I
I
I ' , 1213
I
j i
20
Monthly Monitoring -F Finish •� -�.e Oda
;
21
24ir Sury ey 1....— —_�. fide
22
24 -Hr Survey ? 5 days
t
I
�
❑
;
I
24
I
j0
I E
(Water Balance Development 90 days
25
26
Reporting 30 days
I
.
P,oloct MSPropf
Teck O PIppIC6f [� Fxlemol Tvdv Ij_ j DoatlGnv
DaW Wed 1118111
Split Idilevlono Q 6lmnvl IAOev;anv Q
MAN ll= ;
F,�
Agreement No. DII -XXX
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY
OF ORANGE TO CONDUCT A WATER BALANCE ANALYSIS FOR THE BIG
CANYON WASH WATERSHED
This AGREEMENT is made and entered into as of the day of
, 20_, by and between the City of Newport Beach (CITY) and the
County of Orange (COUNTY) The CITY and COUNTY may hereinafter be sometimes
jointly referred to as PARTIES or individually as PARTY.
RECITALS
WHEREAS, the United States Environmental Protection Agency has enacted a Total
Maximum Daily Load identifying selenium as a pollutant impacting the beneficial uses of
Newport Bay; and
WHEREAS, the State of California is developing its Total Maximum Daily Load and
implementation plan for selenium and it is likely that the COUNTY and CITY will be
parties with assigned Waste Load Allocations; and
WHEREAS, further studies are necessary to fully understand sources of selenium and to
identify appropriate mitigation projects and management tasks to reduce selenium loads;
and
WHEREAS, the preparation of a water balance analysis (STUDY) will provide essential
information to identify the sources of water and selenium in the Big Canyon Wash
Watershed within the CITY; and
WHEREAS, the COUNTY and CITY entered into a Total Maximum Daily Load
Funding Agreement D99 -128 with other parties establishing a framework for performing
and funding on a cooperative basis studies necessary to identify appropriate mitigation
projects and management tasks; and
WHEREAS, the COUNTY, through Agreement D99 -128, has funding for performing the
STUDY in the Big Canyon Wash Watershed; and
WHEREAS, the CITY has agreed to contract for and manage the STUDY for the
COUNTY resulting in the delivery of a STUDY report.
NOW THEREFORE, IT IS AGREED by and between the PARTIES hereto as
follows:
Section 1: Purpose
This AGREEMENT is entered into for the purpose of establishing the City as
entity that will contract for and manage the STUDY and that the County shall reimburse
the City for the costs associated herewith.
-I-
v3 11 -1 -11
61
Agreement No. DII -XXX
Section 2: Term
The term of this AGREEMENT shall commence upon execution by all of the
PARTIES of this AGREEMENT and shall terminate upon completion of the STUDY or
in 18 months, whichever comes first. The Director of OC Public Works may extend the
tern provided the financial obligation of the County is not increased.
Section 3: COUNTY will:
a. Reimburse the CITY for actual costs for completing the STUDY, not -to-
exceed $100,000, except for CITY salaries and overhead for staff providing
project management services; and.
b. Reimburse the CITY within 90 days of the date of each invoice accompanied
by adequate supporting documentation acceptable to COUNTY; and
c. Provide in kind teclulical assistance in furtherance of the purposes of this
AGREEMENT where possible; and
d. Provide pertinent and available data to CITY or its contractors and consultants;
and
e. Review and approve STUDY scope of work and reports. Study scope of work
will include sufficient detail to assure preparation of a technically sound water
balance analysis for the Big Canyon Wash Watershed.
Section 4: CITY will:
a. Prepare a final scope of work and schedule for the STUDY; and
b. Issue contract(s) for the performance of the STUDY scope of work and
provide project management services related to such contracts at no cost; and
f. Coordinate quality and performance of the STUDY with COUNTY; and
g. Deliver draft and final STUDY reports in a timely manner as defined in the
final scope of work; and
c. Invoice COUNTY monthly for STUDY costs.
Section 5: Administration
a. COUNTY representative for all matters pertaining to this AGREEMENT shall
be the Director, OC Public Works or Designee; and
b. CITY representative for all matters pertaining to this AGREEMENT shall be
the Public Works Director or Designee.
Section 6: Notices
a. Notices or other communications which may be required or provided under the
terms of the AGREEMENT shall be given as follows:
COUNTY: Director, OC Public Works
County of Orange
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Agreement No. D 11 -XXX
PO Box 4048
Santa Ana, CA 92702 -4048
(714) 834 -3144 Telephone
(714) 834 -2395 Facsimile
CITY: Robert Stein, Assistant City Engineer
City of Newport Beach, Public Works
3300 Newport Boulevard
Newport Beach, CA 92663
(949) 644 -3322 Telephone
(949) 644 -3218 Facsimile
b. All notices shall be in writing and deemed effective when delivered in person
or deposited in the United States mail, first class, postage prepaid and addressed as above.
Notwithstanding the above, the PARTIES may also provide notices by facsimile
transmittal, and any such notice so given shall be deemed to have been given upon receipt
during normal business hours, or in the event of receipt after normal business hours, on
the following business day. Any notices, correspondence, reports and/or statements
authorized or required by this AGREEMENT, addressed in any other fashion, shall be
deemed not given.
c. Either PARTY may change the address to which notices are to be sent by
giving notice of such change to the other PARTY.
Section 7: Termination
a. Either PARTY may terminate this AGREEMENT if other PARTY does not
proceed with its responsibilities as described herein.
b. Either PARTY may terminate this AGREEMENT upon sixty (60) calendar
days notice, provided that PARTY reimburses other PARTY for any cost incurred up
until date notice of termination was given.
c. Notice of Termination shall be in writing and shall state the date upon which
such termination is effective. Notice shall be served as per "SECTION 6: NOTICES"
above.
Section 8: Independent Contractor Status
This AGREEMENT is by and between the COUNTY and CITY and is not
intended and shall not be construed so as to create the relationship of agent, servant,
employee, partnership, joint venture or association, as between the PARTIES.
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Agreement No. D.1 I -XXX
Section 9: Successors and Assigns
This AGREEMENT shall be binding on the successors and assigns of the
PARTIES hereto.
Section 10: No Third Party Beneficiaries
Nothing expressed or mentioned in this AGREEMENT is intended or shall be
construed to give any person, other than the PARTIES hereto, and any successors or
assigns, any legal or equitable right, remedy or claim under or in respect of this
AGREEMENT or any provision herein contained. This AGREEMENT and any
conditions and provisions hereof, is intended to be and is for the sole and exclusive
benefit of the PARTIES hereto and the others mentioned above, and for the benefit of no
other person.
Section 11: Reference to Calendar Days
Any reference to the word "day" or "days" herein shall mean calendar day or
calendar days, respectively, unless otherwise expressly provided.
Section 12: Waiver of Rights
The failure of the PARTIES to insist upon strict performance of any of the terms,
covenants or conditions of this AGREEMENT shall not be deemed a waiver of any right
or remedy that the PARTIES may have and shall not be deemed a waiver of the right to
require strict performance of all the teens, covenants and conditions of this
AGREEMENT thereafter, nor a wavier of any remedy for the subsequent breach or
default of any term, covenant or condition of this AGREEMENT.
Section 13: Governing Law and Venue
This AGREEMENT has been negotiated and executed in the State of California
and shall be governed by and construed in accordance with the laws of the State of
California. In the event of any legal action to enforce or interpret this AGREEMENT,
the sole and exclusive venue shall be a court of competent jurisdiction located in Orange
County, California, and the PARTIES hereto agree to and do hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
The PARTIES specifically agree that by soliciting and entering into and
performing services under this AGREEMENT, the PARTIES shall be deemed to
constitute doing business within Orange County from the time of initiation of work,
through the period when all work under this AGREEMENT is completed, and continuing
until the expiration of any applicable limitations periods. Furthermore, the PARTIES
have specifically agreed, as part of the consideration given and received for entering into
this AGREEMENT, to waive any and all rights to request that an action be transferred for
trial to another county under Code of Civil Procedure Section 394.
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Agreement No. DI I -XXX
Section 14: Severability
If any part of this AGREEMENT is held, determined or adjudicated to be illegal,
void or unenforceable by a court of competent jurisdiction, the remainder of this
AGREEMENT shall be given effect to the fullest extent reasonably possible.
Section 15: Attorney Fees /Costs
Should litigation be necessary to enforce any terms or provisions of this
AGREEMENT, then each PARTY shall bear its own litigation and collection expenses,
witness fees, court costs and attorney's fees.
Section 16: Waiver and Interpretation
Titles or captions contained herein are inserted as a matter of convenience and for
reference, and in no way define, limit, extend, or describe the scope of this
AGREEMENT or any provision hereof. No provision in this AGREEMENT is to be
interpreted for or against a PARTY because that PARTY or his legal representative
drafted such provision.
Section 17: Authority
The PARTIES to this AGREEMENT represent and warrant that this
AGREEMENT has been duly authorized and executed and constitutes the legally binding
obligation of their respective organization, entity or individuals, enforceable in
accordance with its terms.
Section 1S: Amendments
It is mutually understood and agreed that no addition to, alteration of, or
variation of the terms of this AGREEMENT, nor any oral understanding or
AGREEMENT not incorporated herein, shall be valid unless made in writing and signed
and approved by all necessary PARTIES.
Section 19: Entire Agreement
This document sets forth the entire AGREEMENT between PARTIES concerning
the STUDY and may be modified only by further written amendment between the
PARTIES hereto, in accordance with SECTION 18: AMENDMENTS.
Section 20: Counterpart Signatures
This AGREEMENT may be executed in one or more counterparts, and all the
counterparts shall constitute but one and the same agreement, notwithstanding that all
PARTIES are not signatories to the same or original document.
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Agreement No. D11 -XXX
IN WITNESS WFIEREOF, each PARTY hereto has executed this
AGREEMENT by its duly authorized representative on the dates opposite their respective
signatures:
Date:
Date:
APPROVED AS TO FORM:
B
Counsel to CITY
ATTEST:
Date:
By:
Leilani L Brown
City Clerk
C�71111'ZI] �IU �Pi% i�J Ci11:3 U7.t�7
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Steve Badu n, Public Works Director
v3 11 -1 -11
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Date:
Date:
APPROVED AS TO FORM
COUNTY COUNSEL
By
Deputy
Date:
Agreement No. DI I -XXX
COUNTY OF ORANGE,
a political subdivision of the State of California
By
Chair of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS AGREEMENT HAS BEEN
DELIVERED TO THE CHAIR OF THE
BOARD.
By
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
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t,�0
City of Newport fL Beach NO. BA- 12BA -021
BUDGET AMENDMENT
2011 -12 AMOUNT: $100,000.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations due to an agreement with the County of Orange to provide
funding for a PSA with Daniel B. Stephens & Associates, Inc. to conduct a Big Canyon Water Balance Study.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
255 4913
EXPENDITURE APPROPRIATIONS (3603)
Amount
Description Debit Credit
Description
Environmental Contrib - County of Orange $100,000.00
Description
Division Number 7255 Environmental Contributions Capital
Account Number C5002004 Big Canyon Wash Restoration
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: 6-?�
Signed:
Administrative Serbices Director
Approval: City
$100,000.00
Date
Date
Signed:
City Council Approval: City Clerk Date
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