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HomeMy WebLinkAboutC-5469 - PSA for Big Canyon Water BalanceAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC. FOR BIG CANYON WATER BALANCE THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this 16th day of June, 2014 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and DANIEL B. STEPHENS & ASSOCIATES, INC., a New Mexico corporation ("Consultant"), whose address is 260 Newport Center Drive, Newport Beach, California 92660 and is made with reference to the following: RECITALS A. On May 14, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide analytical data and water monitoring and sampling of the Big Canyon water balance ("Project"). B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. C. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated May 21, 2014, attached hereto as Exhibit A and incorporated herein by reference. City may elect to delete certain tasks of this Exhibit A at its sole discretion. Exhibit A of the Agreement and Exhibit A of this Amendment No. One shall collectively be known as Exhibit "A." 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Cost Summary for Additional Tasks dated May 21, 2014, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B of the Agreement and Exhibit B of this Amendment No. One shall collectively be known as Exhibit "B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty -Nine Thousand Five Hundred Seven Dollars and 00/100 ($89,507.00) without prior written DANIEL B. STEPHENS & ASSOCIATES, INC. Page 1 authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One in an amount not to exceed Twenty -Six Thousand Six Hundred Fourteen Dollars and 00/100 ($26,614.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: By: Aaron C. Harp CAM'1laI H City Attorney ATTEST: /5\ I Date: City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: G--� Dave Kift City Manager CONSULTANT: Daniel B. Stephens & Associates, Inc., a New Mexico Corporatio Date: 7 13 l i .� By:., Michael Bitner President Date: Judith Ann M Treasurer [END OF SIGNATURES] Exhibit A — Scope of Services dated May 21, 2014 Exhibit B — Cost Summary for Additional Tasks dated May 21, 2014 DANIEL B. STEPHENS & ASSOCIATES, INC. Page 2 EXHIBIT A SCOPE OF SERVICES DATED MAY 21, 2014 DANIEL B. STEPHENS & ASSOCIATES, INC. Page A-1 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 Reservoir Evaluation and Related Tasks (Task Order 2) Newport Beach, California Dear Mr. Stein: Daniel B. Stephens & Associates, Inc. (DBS&A) has prepared this scope of work and cost estimate to address tasks completed per city request and based on conversations with the State of California Regional Water Quality Control Board (RWQCB) (Santa Ana Region). The scope of work consists of tasks requested by the RWQCB to evaluate the Big Canyon Reservoir and additional tasks related to water balance development in the upper Big Canyon watershed. • Task I —Reservoir Evaluation • Task 2 —Background Selenium Sampling/Analysis • Task 3 —Data Analysis, Reporting, and Project Management Task 1 — Reservoir Evaluation The Big Canyon reservoir was drained and refilled in 2013 for floating cover replacement. This presented an opportunity to further evaluate and characterize groundwater conditions in the watershed's piezometer network, and, per RWQCB request, to view the overall condition of the exposed reservoir floor and slope walls. This task consists of the following subtasks described below: • Groundwater Level Measurement • Visual Reconnaissance Groundwater Level Measurement The potential groundwater level response to reservoir draining and refilling will be monitored by recording water levels in the perimeter and downgradient piezometers before, during, and after draining, and before, during, and after refilling. DBS&A will work closely with city personnel to appropriately time each water level measurement round. The water level data will be compiled to create hydrographs to evaluate potential groundwater response to reservoir level and potential Dmriet B. Stephens & Associates, Inc. 260 Newport Center Drive 949 999-3304 Newport Beach, CA 92660 FAX 949 9993356 Mr. Robert Stein May 21, 2014 Page 2 connectivity between reservoir level and surrounding groundwater levels. Multiple supplementary water level measurement events will be completed in the reservoir network and in the new well network to support water balance development and a potential reservoir loss evaluation. Visual Reconnaissance In a meeting with the Nitrogen -Selenium Management Program (NSMP) Working Group on April 9, 2013, the RWQCB requested an evaluation of the current condition of the floor and walls of the reservoir while the floating cover is removed. This task is intended to help evaluate and quantify design discharge water loss, or potential non -design "leaks", if any, during regular reservoir operations. For this task, DBS&A will complete a visual reconnaissance of the reservoir floor and walls per RWQCB request with city personnel while the cover is removed. DBS&A will view as much of the floor and wall area as logistically possible during a sitewalk, while collecting photographs and describing observed features. The reconnaissance will also look for features described in the 1977 report of reservoir conditions prepared by James M. Montgomery (JMM). The 1977 report will be critically reviewed in preparation for the sitewalk, discussions with the RWQCB, and in preparation for the evaluation of the field data collected for this task. Other Tasks In addition, DBS&A will critically review the OC Watersheds document entitled, "Internal Memo, Big Canyon Watershed Selenium Management Plan, dated 9/2/11, to Jian Peng and Amanda Carr from Kimberlyn Way, OC Watersheds Intern." This document in part describes OC Watershed estimates of reservoir permeability. The results of this task will also be utilized to develop a hydrogeologic estimate of water loss from the reservoir into groundwater as previously characterized by JMM (1977). Task 2 — City Water Use Data Compilation, Review and Verification DBS&A will work closely with the city to identify areas where potable water use records are available for specific areas and properties identified within the upper watershed. Data files for each area will be obtained and sorted for physical property address, water use type, and water use totals aver time. The records will be systematically utilized to develop an estimate of overall water use and potential loss in the upper watershed by project area and date. DBS&A will meet with city personnel to verify the accuracy and completeness of the records and cross-check the water use totals to verify the data records are suitable for project use. Mr. Robert Stein May 21, 2014 Page 3 Task 3 — Reporting and Project Management ABS&A will utilize and incorporate the results of these additional tasks into the water balance and reporting effort for the upper Big Canyon watershed. DBS&A will also attend periodic meetings of the NSW group to deliver update presentations outlining the scope of work and tasks completed to -date for the upper Big Canyon water balance project. Summary The DBS&A Task Order request totals $26,614. Budgetary details are contained in the attached spreadsheet table (Attachment 1). The scope of work will be completed in accordance with the Professional Services Agreement completed between the City of Newport Beach and DBS&A dated January 10, 2012. Please contact John Dodge at (949) 999-3304 with any questions you have regarding this scope of work. DBS&A appreciates the opportunity to support the City of Newport Beach. Sincerely, DANIEL B. STEPHENS & ASSOCIATES, INC. John J. Dodge, PG Senior Hydrogeologist Associate Attachments Attachment 1 Cost summary table 0�4y- u-, Stephen J. Cullen, PhD, PG Principal Hydrogeologist Sr. Vice President EXHIBIT B COST SUMMARY FOR ADDITIONAL TASKS DATED MAY 21, 2014 DANIEL B. STEPHENS & ASSOCIATES, INC. Page B-1 COAL Estimate �. Daniel B. Stephens & Associates, Inc. Cost Summary for Additional Tasks City of Newport Beach Big Canyon Water Balance and Related Tasks May 21, 2014 Cost Summary by Task Task No. Description Subtotal 1 Reservoir Evaluation Tasks $14,280 2 City Water Use Data Compilation and ReviewNerification $7,752 3 Reporting and Project Management $4,582 Total: $26,614 Daniel B. Stephens A Associates, Inc Client Name: City of Newport Beach Date: May 21, 2014 QUANTITY Project Name: Big Canyon Water Balance and Related Tasks Estimator. J. DODGE Prcject Number. pend'mg Project Manager: J. DODGE Terms: peragreement Prepared by. J. DODGE 3,600.00 Approved by: S. CULLEN Task 1 Reservoir Evaluation Tasks SERVICES UNIT UNIT FEE QUANTITY COST Principal Hour $ 280.00 $ Senior technical specialist Hour 225.00 16 3,600.00 Technical specialist Hour 205.00 Senior engineedsctentlst II Hour 180.00 20 3,600.00 Senior engineariscientist I Hour 153.00 32 4,896.00 Fleldllaboratory technician Hour 87.00 Senior graphics designer Hour 105.00 Senior CAD technician Hour 97.00 12 1,164.00 GIS analystidstabase analyst Hour 107.00 GIS technician Hour 97.00 Senior technical editor Hour 100.00 Technical editor Hour 85.00 12 1,020.00 Project assistant Hour 85.00 Assistamlprofesskmal Hour 75.00 Assistant technician Hour 65.00 Subtotal: 92 1 $ A280.00 EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST $ $ Subtotal: .$ - - 0.0 Dial Direct Cost 14,280.00 Marku on third party services 0.0 TASK 1 SUBTOTAL $ 14,280.0 New Mexico Gross Receipts Tax 0.000% 0.0 TASK 1 TOTAL $ 14,21 �0 Da -10R. Stephens & Associates, lac Client Name: City of Newport Beach Date: May 21, 2014 COST Project Name: Big Carryon Water Balance and Related Tasks EaBmalor. J. DODGE Project Number. pending Project Manage J. DODGE Temp: per egreemenl Prepared by, J. DODGE Se lorerginsedscien8st ll Hour 180.00 Approved by. S. CULLEN Task 2 Cltv Water Use Data Com IaBon and Review oriftaBon 24 3,872.0 SERVICES UNIT UNIT FEE QUANTITY COST Principal Hour $ 280.00 —c— Senior lecirnical specialist Hour 225.00 4 - 800. Technical specialist Hour 205.00 Se lorerginsedscien8st ll Hour 180.00 18 2,880.0 Senior englneergcion0st l Hour 153.00 24 3,872.0 Project engkresalsdemist Hour 138.00 Staff engineelec en88t III Hsu 118.00 Staff engineerlsdenlist II How 108.00 Staff enginea1aden0st l Hour 07.00 Fleldllaboratory technician Hour 87.00 Senior graphics designer How 105.00 Senior CAD technician How 07.00 GIS anaysVdatabase analyst flow 107.00 GIS technician Haar 07.00 Senior technical editor Hour 100.00 Technical editor Hour 85.00 Project assistarrt Hour 85.00 Asslstantiprolassional Hour 75.00 4 300.0 Assistant technician Hour 85.00 Subtotal: 48 S 77 EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST S S EPA 001018020 Subbtal: 0. Total Direct Cost 7,M00 Markup on third services 0.00 TASK 2TOTAL It 7,77SMOCIII �0 Oeeyty B. Srepetae A Asretyeres, 76e. Client Name: City of Newport Beach Date: May 21, 2014 OI1A TITr Pmjed lame: Big Canyon Water Balance and Related Tasks Estimator. J. DODGE Pmjecl Number. peraffirp Pmjed Mang.. J. DODGE Terms: par agreement Prepared by.' J. DODGE Hour 205.00 Approved W. S. CULLS! Task Rao.Mnoasd P.I.a Ma.mmmard SERVICES T FEE OI1A TITr COST Pdndpel Hour E 280.00 S Savior lechnical specia0st Hour 225.00 4 900.00 Technical specialist Hour 205.00 Savior engineededemist 11 Hwa 180.00 12 2.180.00 Senor e4neerladentist l Hour 153.00 8 1,224.0 ROW engineededenOst Hour 138.00 StOenginwAsciemisl 111 Hour 119.00 SlatlewneedaderlSslll Flour 108.00 Staff ergineeracienUst l Ebur 97.00 MaIdllehoratory teduddan Hour 87-00 Stutter graphics desig er Hour 105.00 Border CAD technician tour 97.00 GIBmm/dsUdstabaeeseelyst Hut 107.00 GIS tedadolan Hour 97.00 Senlortecludcel editor Hour 100.00 Technical editor Four 85.00 Prejed assistant Hatt 85.00 4 297. AsdeaMlpmfaedenal Hour 75.00 AsslslaMlechddan Hour 8500 suldoal• 28 t 15 EXPENSES I MARKUP_j UNIT I UNiTFEE I OUANTyW COST 9 s Subkvishl OA Total Direct Coat 4,1M.11 on third MU services 0.0 TASK3TOTAL 81. PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC. FOR BIG CANYON WATER BALANCE THIS PROFESSIONAL SERVIC AGREEMENT ("Agreement") is made and entered Into as of this day of -AV ri*013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and Daniel B. Stephens & Associates, Inc., a New Mexico Corporation ("Consultant"), whose address is 260 Newport Center Drive, Newport Beach, CA 92660, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as It is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide analytical data and water monitoring and sampling of the Big Canyon Water Balance ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. in the absence of a speck schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultants control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultants compensation for all Work performed In accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Two Thousand Eight Hundred Ninety Three Dollars ($62,893.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically Identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed Without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Daniel B. Stephens & Associates, Inc. Page 2 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 Dan McCoy to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 if Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Assistant City Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Daniel B. Stephens & Associates, Inc. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that It has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely Information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLES HARMLESS 9.9 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, andfor willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing In this Indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Daniel B. Stephens & Associates, Inc. Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator Informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of Insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Daniel B. Stephens & Associates, Inc. Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are Identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City s sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Daniel B. Stephens & Associates, Inc. Page 6 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 expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any united States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. 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. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on Its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be bome by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Daniel B. Stephens & Associates, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 if subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Administrative Analyst Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: John J. Dodge, PG Daniel B. Stephens & Associates, Inc. 260 Newport Center Drive Newport Beach, CA 92660 Daniel B. Stephens & Associates, Inc, Page 8 p Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 of seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed In default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs Incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby Incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, in addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Daniel B. Stephens & Associates, Inc. Page 9 28.3 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. 28.4 Intearated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 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. 28.9 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, State of California. 28.10 Egual Opportunity Employment. Consultant represents that It is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE) Daniel B. Stephens & Associates, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO13NEY'S OFFICE Date: WiN 13 = Aa)�&K C. Harp City Attorney ATTEST: 8'.Date: �,13 090 By:. Leilani I. Brown A�—= City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Q. 3 0, 1 3 By: Keith D. Cur Mayor CONSULTANT: Daniel B. Stephens & Associates, Inc., a New Mexico Corporation Date: By: Michael Bitner President Date: By: Judith Ann Meeter Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Daniel B. Stephens & Associates, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: By: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: Keith D. Curry Mayor CONSULTANT: Daniel B. Stephens & Associates, Inc., a New Mexico Corporation Date: 9 /' Michael Bitner 13m&i,io.,t [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Daniel B. Stephens & Associates, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Daniel B. Stephens & Associates, Inc. Page A-1 March 26, 2013 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 Additional Tasks (Task Order 1) 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 additional tasks related to the Big Canyon water balance. The scope of work outlined below consists of the following: • Task I — Supplemental Groundwater Elevation Monitoring • Task 2 — San Joaquin Reservoir Document Review • Task 3 -- Supplemental Surface Water Monitoring and Sampling • Task 4 —Data Analysis and Reporting Task 1 —Supplemental Groundwater Elevation Monitoring and Sampling In review of the proposed scope of work for groundwater elevation monitoring, the State of California Regional Water Quality Control Board (RWQCB) requested water level measurement events coinciding with surface water flow measurements. Surface water flow measurements are being conducted by 4i'eston Solutions, Inc. (Weston) under subcontract to DBS&A (sec Task 3). DBS&A will specify, procure, install and maintain two (2) electronic pressure transducers and data loggers in two selected piezometers in the Big Canyon area so that continuous "eater level measurements can be recorded. A barometric pressure data converter will also be purchased and installed for each transducer. Continuous water level logging %v ill continue in the two piezometers until Weston completes both dry, and %vet -weather monitoring in the 20121201 3 summer/winter season (until approximately April 2013), Mr. Robert Stein March 26, 2013 Page 2 The water level data will be downloaded and reviewed to evaluate the potential relationship between groundwater levels in upper Big Canyon and surface water flow due to irrigation and storm water runoff. Per RWQCB request, additional soil sample analysis will also be conducted during piezometer installation. Soil samples will be analyzed for grain size and total organic carbon content (TOC) to further evaluate selenium sources in the Big Canyon area, A positive correlation between selenium content and TOC has been reported by the USGS. A sample of the Tertiary Monterey formation outcrop in lower Newport Bay (near Back Bay View) Park will also be collected for laboratory analysis for total and speciated selenium. Task 2 — San Joaquin Reservoir Document Review DBS&A w'sll coordinate with the Irvine Ranch Water District (IRWD) to identify and obtain copies of IRWD documents concerning the San Joaquin reservoir geology, hydrogeology, monitoring well/piezometer network, groundwater conditions, and reservoir history. The documents will be reviewed to evaluate potential groundwater recharge into Big Canyon from the reservoir area, DBS&A will visit the IRWD engineering library and identify key documents for loan and electronic scanning. The results of the document review will be summarized in the Big Canyon reporting effort and incorporated into the water balance for upper Big Canyon, as appropriate. Task 3 — Supplemental Surface Water Monitoring and Sampling In review of the proposed scope of work for surface water monitoring, the RWQCB requested supplemental monitoring in groundwater "subdrain" locations. Specifically, monitoring will be conducted in the "Seaview" subdrain (installed c. 1975 downslope of the Big Canyon reservoir, roughly aligned along San Miguel Drive near the northwestern reservoir boundary). Additional monitoring will also be conducted in the "Bren" drain (also installed c. 1975, and roughly aligned along the southern side of East Newport Hills Drive across from Big Canyon reservoir and downslope from San Miguel Drive). The monitoring will be conducted by Weston Solutions under subcontract to DBS&A (Attachment 1). Task 4 — Data Analysis, Reporting and Project Management DBS&A will utilize and incorporate the results of these additional tasks into the water balance and reporting effort for the upper Big Canyon watershed. The water balance will utilize DBS&A's Distributed Parameter Watershed Model (DPWM) where possible to quantify the contribution to groundwater recharge from deep percolation of irrigation and rainfall. In addition, DBS&A will attend a meeting with the city utilities general manager to discuss operations at the Big Canyon reservoir, sources of potable water in the reservoir, and historical data collection and monitoring at the reservoir. DBS&A will obtain and review the historical 2 Mr. Robert Stein March 26, 2013 Page 3 monitoring data for incorporation into the reporting and water balance development effort. DBS&A will also attend a meeting of the Nitrate Selenium Management Program (NSMP) group to deliver a presentation outlining the scope of work and tasks completed to -date for the upper Big Canyon water balance project. Summary The DBS&A Task Order request totals $62,893. This amount accounts for $22,893 of unexpended budget previously approved (for pending tasks) and remaining at the close of December 2012. Budgetary details of this Task Order request are contained in the attached spreadsheet table (Attachment 2). The scope of work will be completed in accordance with the Professional Services Agreement completed between the City of Newport Beach and DBS&A dated January 10, 2012. Please contact John Dodge at (949) 999-3304 with any questions you have regarding this scope of work. DBS&A appreciates the opportunity to support the City of Newport Beach. Sincerely, DANIEL B. STEPHENS & ASSOCIATES, INC. John J. Dodge, PG Senior Hydrogeologist Associate Attachments Attachment 1 Weston scope and cost Attachment 2 Cost summary table Stephen J. Cullen, PhD, PG Principal Hydrogeologist Sr. Vice President 3 Attachment 1 Mr, John Dodge February 15, 2013 Daniel B. Stephens & Associates, Inc, 360 Newport Center Drive Newport Beach, CA 92660 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. "Che 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 ['or the project are summarized at the end of the document, There are two primary study questions that will be addressed by the study: i_ 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 three tasks. Task 1. I-Ndrological Characterization This task is currently being done by Weston under an existing contract with Daniel B. Stephens & Associates, Inc. (DBS&A). Task 2. Installation of Additional Flow Wleters and Data Collection Task 3. Water Quality Monitoring Task 2 and Task. 3 will be done outside of the current Weston contract with Daniel B. Stephens & Associates, Inc. (DBS&A) and therefore will require additional funding. Task 1, Hydrological 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 Page 1 of 3 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 DHS&A. Flow monitoring data will be collected continuously at 9 sites (including the Park site listed above) 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 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: Summer 2012 and Winter of 201212013. These periods were chosen to characterize the range of dry weather ambient conditions throughout the year. During each survey, grab samples will be collected at each of the 9 monitoring sites, plus the two additional monitoring sites described in Task 2. Chemical analyses of the samples, detailed under Task 3, will include selenium speciation, total and dissolved metals, and total dissolved solids (TDS). Task 2. Installation of Additional Flow Meters, Data Collection, and Site Visits Installation of additional flow meters at 2 sites adjacent to the reservoir ($ren and Seaview subdrains) will be performed to evaluate the contributions of ground water now to the overall flow in the watershed. These additional flow meters will monitor flow continuously for a period of 8 months to record flows during both dry weather and wet weather seasons. This task also covers site visits with DHS&A to discuss observations and sampling locations. Task 3. Water Quality Monitoring Grab samples will be collected two times per survey: once in the early morning between Sam and 8am during peak irrigation hours, and once in the early afternoon between 12pm and 3pm during off hours for irrigation, at each of the I I monitored sites to assess total selenium, selenite, and selenate concentrations, as well as total metals and (TDS). Samples from the two time periods at each site may be composited to represent an average daily concentration for each site. Results from chemical analyses of the samples will then be used to calculate daily loads to the Back Hay and to determine where the greatest pollutant concentrations occur in the watershed. Laboratory analysis of water samples for speciated selenium will be performed by Applied Speciation, while Calscience Environmental Lab will perform analyses of total metals and TDS. Field measurements will be taken at each site immediately following each sample collection to measure pH, conductivity, temperature, and dissolved oxygen. Page 2 of 3 EXHIBIT B SCHEDULE OF BILLING RATES Daniel B. Stephens & Associates, Inc. Page B-1 Project Schedule: The project will commence upon written approval of a contract amendment from the City of Newport Beach and will adhere to the following schedule: Hydrological Characterization August, 2011 through February, 2013. Installation of additional Flow Meters and Data Collection: August 2012 through March 2013 Water Quality Monitoring: August 2012 through March 2013 Cost Summary: The costs for the project are summarized below. Task I Hydrological Characterization: $9,712 (funding covered in existing contract between Weston and Daniel B. Stephens & Associates, Inc. (DBS&A) dated January 10, 2012) Task 2 Installation of Additional Flow Meters: $6,150 Task 3: Water Quality Monitoring: $13,680 Project Total Cost Estimate for Task 1: $9,712 Project Total Cost Estimate for Tasks 2 and 3: $19,830 Project Total Cost: $29,542 Total not to exceed estimated project cost for all tasks based on time and materials: $29,542 Please call Dan McCoy at 760-795-6905 if you have any questions or comments on this Scope of Work. Sincerely yours, Dan McCoy Project Manager Weston Solutions, Inc. cc: Project File Page 3 of 3 Attachment 2 �'�. Cast Estimate ^. Daniel B. Stephens & Associates, Inc. Cost Summary for Additional Tasks City of Newport Beach Big Canyon Water Balance and Related Tasks March 26, 2013 Cost Summary by Task Task No. Description Subtotal 1 Supplemental Groundwater Elevation Monitoring $7,689 2 San Joaquin Reservoir Document Review $4,38 3 Supplemental Surface Water Monitoring and Sampling $19,830 4 Data Analysis and Reporting $8,119 5 Remaining Budget from 2012 Contract $22,893 Total: $62,893 Dnnict Jr. Stephens .4 Assuciares, iue. Client Name; City of Newport Beach pate: March 26, 2013 Project Name: Big Canyon Water Balance and Related Tasks Estimator: J. DODGE Project Number: pending Project Manager: J, DODGE Terms: per agreement Prepared by: J. DODGE Approved by. S. CULLEN Task 1 Supplemental Groundwater Elevation Monitoring SERVICES UNIT UNIT FEE QUANTITY COST Principal Hour S 280.00 $ Senior technical specialist Hour 225.00 2 450.00 Technical specialist Hour 205.00 Senior engineer/scientist it Hour 180.00 12 2,160.00 Senior ongineer/scientist I Hour 153.00 Project engineer/scientist Hour 138.00 Staff engineer/scientist III Hour 118,00 Staff engineeriscientist II Hour 108.00 22 2,378.00 Staff engineer/scientist I Hour 97.00 Fieldflaboratory technician Hour 87.00 Senior graphics designer Hour 105.00 Senior CAD technician Hour 97.00 GIS analysUdatabase analyst Hour 107.00 GIS technician dour 97.00 Senior technical editor Hour 100,00 Technical editor Hour 85.00 Project assistant Hour 85.00 Assistantlprofessional Hour 75.00 Assistant technician Hour 65.00 Subtotal: 36 ::::36:11— $EXPENSES EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST Field Environmental Inc. S S Micro -Diver transducers (2), data cables (2), pe cable (1) 011114 as 2,115.92 1 2,115.92 Baro-Oiver Sensor and cable 0014 ea 567.00 1 567.00 Subtotal: S 2,882.92 Total Direct Cost 7,668.92 Markup on third party services 0.00 TASK 1 SUBTOTAL $ 7,668.92 New Mexico Gross Receipts Tax @ 0.000% 0,00 TASK 1 TOTAL S 7,666.92 Task 2 San Joaquin Reservoir Document Review SERVICES UNIT UNIT FEE QUANTITY COST Principal Hour S 28000 $ ' 4w Ponref B. Sten Neat 6 :[s.rn cin Je.r. Inc - Hour 22500 Client Name: City of Newport Beach Date March 26. 2013 Project Name: Big Canyon Water Balance and pointed Tasks Estimator. J DODGE Project Number pending Protect Manager J DODGE Terns per agreement Prepared by J DODGE Hoar 153.00 Approved by: S. CULLEN Task 2 San Joaquin Reservoir Document Review SERVICES UNIT UNIT FEE QUANTITY COST Principal Hour S 28000 $ Senuir technical speci23i5t Hour 22500 4 960.00 Technical specialist dour 20500 Senior engmeedscimi st It Hour 180.00 10 2,86000 Senior engmeerisciennst l Hoar 153.00 Prow engineerlsciertst Hour 138.00 Stan engineer/scientist 111 Hour 118.00 Staff engirme0sc➢entisl It Hour 10600 4 432.0 Staff engineedsczentsst I Hour 9700 i Fieldtaborotory technician Hour 8700 Senior graphics designer Hour 10500 Se or CAD technician Hour 97.00 GIS analysNdatabase analyst Hour 107.00 GIS technician Hour 97.00 Senior technical etairr Hour 100.00 Tectmicat editor Hou, as OD Project assistant Hou 85.00 2 170,OC AssstanilproFessionai Hcur 7500 Ass+Stanitacttnirian Hear 0500 Subtotal: 26 IS 4.362.0 EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST 5 S Subtotal: s oxol Total Direct Cost 4.3820 tarku an IN an sGvices 0.00 TASK TOTAL $ 4.382.0 F ^„bvnlrl 4. Sfepheue d {xxn aiarvr, Inc. 171- Cf,ent Names City of NLwipcn Beach Project Name: Big Canyon Water Balani, and Related Tasks Prq,cg NLmber. perxhng Terms. peragreement Task 3 Supplemental Surface Water Monitoring and Sa noting Date. March 25, 2013 EMCnizac,. J. DODGE Profaci Manager J -DODGE Prepam is cy: J. DODGE ARF+Dyed by S. CULLEN SERVICES UNIT UNITFOE QUANTITY COST Pnnapai Hour S 280.00 $ Senior technical specialist Hour 225.00 Technical Specialist Hour 205.00 Senior engineertmentlst 11 Hour 160.00 Senior engineorlsclentist l Hour 153.00 Project engineer/scientist Hour 130.00 Staff engineer/scientist III Hour 118.00 Staff engineeNsclentlst 11 Hour 10890 Staff engineeUSGentist l Hour 97.00 Fleidllabomfory technician Hour 87.00 Senior graphics designer Hour 105.00 Senior CAD technician Hour 97.00 GIS aneiysttdirtabase analyst Hour 107.00 GIS technician i9our 9700 Senior technical editor Hour 10000 Teetlrccal editor Hour 8500 Protect assistant Hour 8590 Asslstantlprofessonal Hour 7500 Assistant technicran Hour 6500 Subtotal: 0 S 0,00, EXPENSES I MARKUP I UNIT I UNIT FEE I QUANTITY COST $ S yy!gn S ly{; nn0�,rc+Gn: 71 gatgd 1118113 0':', 1 19,830.00 1 19.830 0 Suburtei: is 19 830.0 Total Direct Cost 18,830.0 Madefo on third parry semoss 0,00 TASK 3 SUBTOTAL $ 19,8309 New Mexico Gross Reca=pts Tax 0.000"`0 0.0 TASK 3 TOTAL S 19,830_ � 4 .._.g._,.,__. .... _. Danle( 0. Sleph avr .4 fsracla (ex, /n r, Chent Name- City of Nenyon Soach Ptcject Name S'8 Canyon Violet Salanou and Reialed Teske Rn;t±t#Mumher pending Terms., per agreement Date: March 26, 2013 EsL:. Ior J. DCPOGE prn'a a Mxanognr. J. DODGE Prepared by J DODGE Approved by S.. CUi LEN Senior technical speowst Hour 225.00 4 Tedmisal specualdo Hour 205,00 Senior angineeascientua 11 Hour 18000 8 Senior anglnoerlsorentist l Hour 153,00 24 Project onginherttt,olanlist Hour 13D 00 Staff enginearlsdamist III Hour 118.00 Staff enginoerlsoardet 11 Hour Moo Staff enginoarlsocnlist l Hour 97,00 Fieidraboratmy technic n Hour 8700 Senior 0mph cs designer Hour 105 06 Server CAD lachnman Hour 9700 18 GIS analysttdatebase analyst Hour 0700 GIS lachnician Hour Vol) Senior technical editor Hex 100.00 Technical oduor Hour 89 DO Pree talsmUnt Hoar 85.00 4 Aas4nmVprotezmor4 Hour 7500 u,m«t r,»ma Cczy of N«, ,, Goan c:»:fl uaz;+2e. zon a RTtt4^d tiYxe Pt,'jEa"prn;VRte#6aacCa Hntl-ivet3ed Taass Pkv;xtl'.d J L3"v'..�E Ntrmsi' acSn he^e#n➢ PrnNW, Ml J €Mns feedErer.«neM iro}ssnw5 tsy. t. LYti'tiaE t1b., 20 w APpa"l ay S CULLEN Task d Ramalninq eu0gat tram 2012 COMntt SERVICES UNIT UNITFEE QUANTITY COST WIa,pm Hour 9 290 to S S9rc+af ltlMmCul9piwc�nllel Ho., 225w TveRataNl9abilnusi t1b., 20 w Sd4 •fl(O[tfDOei^akYSetAN iS How tww S.=e:iQ+nearla .Dal How 15300 Prc}up m0 erlswmst tiacM 1380 SWI w'yunH«ufAamMint ill N.w 1.8txt� t.d map YfeerfsOe fist it H'k ii!)CO 4 aT Brn`Mlxreti8e'a yeti Ncue Bi tW R x^atraWiary tecta Hawn !ur Bi QO 5rtttu WeG^xta Otsgner lvxr;+' t 5{, SOftN QAii t@tltpRi+tn TiYll G hx�2y 4wswAesp a^+'"Yu IHrY.,t 1941",E Ga rmtt .en a It C+i S its wnrx a„#`x «1h <;€)GAF Tmsrsal roma e«7 n l et I dff4+0.3BJWO=96@Ond'e blCVW 75i j Asxs"NM fro:"e'aPYi lim�f fitix ubtabl' ➢ 6 0.0 "PENSES MARKUP UNIT UNIT FEE QUANTITY COST 5 3 RuW trc.,m+ac➢±,yvpegssg:askfi � a�n§w,eaasotawxaozn_inz 22 m* x � 2z.Essa- Habtatnl: 9 22.893.00 Tote) Olmot co$t 22.893.00 ktmk0 mIMI P.msarwras 0.W TASK 6 SURTOTAI a 22,893.00 NaN Met'.m Grass ROCd:P13 Tai OR00'x.. O00 TASK 6 TOTAL S 22,soloo IW*., Cak EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Provision of Insurance. Without limiting Consultant's Indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Reauirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Daniel B. Stephens & Associates, Inc. Page C-1 Agreement, Including coverage for any owned, hired, non -owned or rented vehicles, In an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy Inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subroq_ation. 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 from each of Its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not Including professional liability, shall provide or be endorsed to provide that City and Its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager Daniel B. Stephens & Associates, Inc. Page C-2 prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required Insurance policies, at any time. B. City's Right to Revise Reguirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Reouirements not Limiting. Requirements of speck coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City s sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits Instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Daniel B. Stephens & Associates, Inc. Page C-3 H. Consultant's 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. Daniel B. Stephens & Associates, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/10/13 Dept./Contact Received From: Lucie Date Completed: 7/10/13 Sent to: Lucie By: Chris/Renee Company/Person required to have certificate: Daniel Stephens and Associates Type of contract: All Other L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/3/13-4/3114 A. INSURANCE COMPANY: Greenwich Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: ® Yes ❑ No 1,000,000/2,000,000 ® Yes ❑ No ./IIIIIIIIIINEW /1 ■ /�IIIIIIIIII■Er. ■ Yes ►/ No tt ■ Yes ■ No 2 .1 Yes ■ No 11. AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 4/3/13-4/3/14 A. INSURANCE COMPANY: XL Specialty Insurance Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes 1771 No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/3/13-4/3/14 A. INSURANCE COMPANY: Transportation insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): 0 Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory N Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? E Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: Z N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A Z Yes ❑ No ADDITIONAL. COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK 0 N/A ❑ Yes ❑ No 0 N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? 0 Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 7/11/13 Agent of Alliant Insurance Services pate Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $__) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exceptionlwaiver: Approved: Risk Management Date * Subject to the terms of the contract. DANIBST-01 JBAUER AriCCNCERTIFICATEOF LIABILITY INSURANCE �✓ DAF 711/2D/YYYYI 77172013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on tills certificate does not canter rights to the certificate holder in lieu of such endorsement(s), PRODUCER MmTcucct Insurance Agency LLC 8801 Jefferson NE, Bidit. C Albuquerque, NM 87115 CONTACT NAME: PHONE 505 883-3683 FA 505) 883-2827 c No al]J� ) Arc Nn: INSUftER(B)AFFORDING COVERAGE NAM _ INSURER A: Greenwich Insurance Company INSURED INSURER a1XL Speclal!y Insurance Company Daniel B Stephens & Associates, Inc. INSURER c:TranS ortatlon Insurance company INSURER D: _ 6020 Academy NE, Sto 100 Albuquerque, NM 87109 INSURER E; INSURER F: 413/2013 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS t5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE AVOL SURF POLIDYNUMBER POLICY MND[YYY Y EXP MMIDNVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEC000207612 413/2013 4/312014 P MAGET" ae7 S 100,000 MED EXP (solar. person) S 5,000 PERSONAL B ADV INJURY S 1,000,00 GENERALAGGREGATE $ 2,000,00 OWL AGGREGATE LIMCI"PLIES PER: PRODUCTS -COMPADP AGG $ 2,000,00 X POLICY 511PERGoi LOC $ AUTOMOBILE LIABILITY 0 WINED SINGL LIMI aaddenli 1,000,000 BODILY INJURY(Perpereon) g _ B X ANYAUTO AEC000207713 413/2013 4/3/2014 ALLONMED SCHEDULED AUTOS AUTOS X HtREDAUTOS X NONUNNED .AUTOS a001LY INJURY (Per auGtlern) S Perecclise ._ S X UMBRELLA LIAO X I OCCUR EACH OCCURRENCE S 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAR CWMs-MADE UE0000207913 4/312013 4/3/2014 OEDX RETENTIONS 10,000 S C WORKERS COMPENSATION AND EMPLOYERS' EMPLOYERS' LIABILITY ANY PROPRIETORI-ARTNEWEXECUTIVE YfN OFFICERIMEMDER EXCLUOE'DT 1 (Man4aiaryin NNj NIA 4020378116 4131201$ 413/2014 X WC STATU- E,L €ACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYES 1,000,000 Ifryo, deudbe under DESCRPrION OF OPMBANONSbeEmv E.L. DISEASE -POLICY LIMIT S 1,000,00 A Prof/Pollution PEC000207812 4/3/2013 M3/201d Each Ctafm/Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORN 101, Additional Remarks Schedule, if more space is required/ LIMITS OF LIABILITY SHOWN ARE THOSE IN EFFECT AT POLICY INCEPTION. $100,000 RETENTION APPLIES TO THE PROFESSIONAL & POLLUTION LEGAL LIABILITY A waiver of subrogation is granted in favor of the City of Newport Beach, its officers, officials, employees and volunteers on all policies when required by written contract. The City of Newport Beach, Its officers, officials, employees and volunteers are named as an additional insured on the general liability, automobile liability and excess liability when required by written contract. Insurance provided Is primary and non-contributory. A 30 day notice of cancellation shall apply except in the event of non-payment of premium which shall result In a 10 day notice of cancellation, City of Newport Beach Public Works Department Attn: Tania Moore PO Box 1768 Newport Beach, CA 92658-8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 988-2010 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD reserved COMMERCIAL GENERAL LIABILITY CG 32 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WHEN REQUIRE0 IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART k Section If Who Is An Insured Is amended to Include as an - additional" Insured .any person or organization for whom you are performing operations when you . and such person or organization have agreed in writing in a contract or agreement that such ,person or organization: be added as an additional insured on your policy, Such person or organization is an additional Insured only with respect to ilablIoRy for "bodily injuryr", "property damage" or "pare not and advertising injury" caused by your ongoing operations for the additional Insured and only to the extent thaPsach . pomiy injury., '"properly aamage or-personar one advertising injury" is caused by your negligence, acts or omissions or, the negligence, acts or omissions of those performing operations on your behalf, A person's or organization's status as an additional Insured under this .endorsement:ends when your operations for that additional insured ate completed. B. With:respect to the insurance afforded to these additlonai insureds, the following additional exclusions apply: This Insurance does not apply to: 1. "Bodily Injury", "property clamaga" or "personal and advertising injury" arising out of the rendering of, or, the failure to render, any professional- architectural, engineering or surveying services, Including: a. The .preparing, approving, or falling to propane or approve, maps, shop drawings," opinions, reports, surveys; 'field orders, change orders or drawings and speciflcations; or b. Supervisory, inspection, architectural or engineering activities, 2. "Bodily Injury" or "properly damage" occurring after: a. All work, Including materials, -parts or equipment furnished In connection with such work, on the project, (other than seryl'ce, meintenanceor repairs) to be performed by or, on behalf of'the additional Insured(s) at the location of the covered operations has boon compietod; or b. Thai portion of '.your work" out of -which -the Injury or damageariseshas been put to Its intended use by. any,person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 32 0512 04 © 180 Propedles, Inc., 2004 ENDORSEMENT4004 This endorsement, effective 12:01 a,m., April 3, 2013 forms a part of Policy No. GEC000207612 issued to DANIEL B, STEPHENS & ASSOCIATES, INC. by Greenwich Insurance Company, THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. MGOE 04/18%2013 POLICY- NUMBER: COMMERCIAL GENERAL LIABILITY CG 3212 17.04 THIS ENDORSEMENT C14ANOES THE POLICY. PLEASE BEAD IT CAREFULLY. LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of AdditEonet Insured Person(s) O�.Organization s : I I Locatlon And Description Of completed Opsratlons ANY PERSON OR ORGANIZATION THAT YOU ARE ARIOUS REQUIRED INA WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. nformation requirod to complete this Schedula.4 not shown above, will be shown In. the Declarations. Section it - Who Is'An-Insured Is amended to Include as an additional Insured the parson(s) ,or organizatlon(s) shown in the Schedule, but only'to the extent that the ifabllityfor ."bodily injury" or "property damage" Is caused by "your work' at the location designated and described in' the schedule of this endorsement performed for that additional insured and Included in Iiia "products -completed operations hazard". CG 321212 04 © ISO Properties, Inc., 2004 POLICY NUMBER: 1 COMMERCIAL GENERAL LIA131LITY ,CG 24 04 06 Og This endorsement modifies Insurance provided tinder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or.Organizatlon: ANY, PERSON OR ORGANIZATION THAT YOU ARE REQUIRED. IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY. WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE 'BODILY INJURY" :OR "PROPERTY, DAMAGE",OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT: Information ro uired to complete this Schedule; If not shown above, will be shown In the Declaratlons. The following Is added to. Paragraph S. Transfer Of Rights Of Recovery. Against Others'To Us of Section IV — Conditions: We waive any right of recovery, we may have against the person or organization shown in the Schedule above because of payments we make 'for-lnjury.or damage arising out of your ongoing operations or."your work" done under acontract .wilh.that person or organization and Included it the 'Products-completod operations hazard": This waiver applies only -to the person or organlzetlon shown In the Schedule above, CG 24 04 05 09 9 Insurance Services Office, Inc., 2008 Page 1 POLICY NUMBER: AEC000207713 XIC 411 1007 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, AUTOMATIC ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional Insured, but only for "bodily injury" or "property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily Injury" or "property damage" for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, In no event shall the Limits of Insurance set forth in this Policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such Insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional Insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. (Authorized Representative) XIC 411 1007 © 2007, XL America, Inc. Page 1 Includes copyrighted malerlal of Insurance Office, Inc., with its permission. BUNT 04/11/2013 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 031'0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAR IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO U (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Will) respect to coverage provided by this endorsement, the provlslons of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of (he policy unless another date Is Indicated below. Named Insured: DANIEL 13. STEPHENS,&ASSOCIATES, 1NC, Endorsement Effective Date: Apri13, 2012 SCHEDULE Namofs) Of Persons) Or Organixatlon(s)t ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY.RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR.'PROPERTY DAMAGE°.00CURS, SUSSEQUENT.TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT, The Transfer Of Rights Of Recovery Against Others To Us Condition- does not apply to the persdn(s) or ordanizallon(s)- shown In, thd Sohedule, but only to the extent that sUbrogatlon Is waived prior to the "accident"or the "loss" under a contract with that person or organization. CA 04 44 03 10 0 Insurance Services Office, Inc., 2009 Page 1 WORKEIRS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 111 (Ed.4.64) WAIVER OP 011R RIG NT "ro RECOVER rR0M O TI -RUTS rND0RSI-MLNT We have the right to recovih our payments from anyone liable retail injury covered by this policy. We will not onforce our tight against the person or organization named in the Schedule, (This agreement applies only to the oxlenl that you perform work under a wrMan contract that requires you to obtain this agreement train us.) This agreement shelf not operate directly or Indirectly to benefit anyone not named In the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BCHAC,F YOU ARS Rr,QUIRrD Tp OBTAIN THIS WAIVER OF OUR RICHT TO RVC:OVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT, Thla ontlorsomont changoc ilia not(iy to which It Is allachod and la o(looilvo on Ills date Issued unless olhemiso slated. (Tho Ivformaiion bolow is roquVoe onlYwilon ties endorsomonl is iasved sui"..oquant M pwarifallon cl pie Policy.) Endonsomonl Ettaoitvo 04/03/2013 PIIicg No. 4024378116 tMouinm0nt No. rieurod Daniel S Stephens & Associates Inc Promlum6 l"SoAnce Company Transportation Insurance Co Co°nlorsipnod by _,,,,_,__ we 00 03 13 (Ed, 4-04) copyright 1903 Nnuonxl Council on Compnnnallon Innuranco. 9�EwaoRr = CITY OF ��� Pz INEWPOR7 � EACH 9CIFORN City Council Staff Report Agenda Item No. 9 May 14, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A.Webb, Public Works Director 949-644-3311, dawebbna newportbeachca.gov PREPARED BY: Robert Stein, Assistant City Engineer 949-644-3322, rsteifl aDnewportbeachca.gov APPROVED: Q TITLE: Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS&A) for Big Canyon Water Balance and Accept a Contribution from the County of Orange for Funding ABSTRACT: DBS&A performed groundwater field studies last year in upper Big Canyon as part of the City's Selenium mitigation program. Additional field data collection has now been requested by the Regional Water Quality Control Board (RWQCB). Savings from last year's project plus an additional contribution from the County of Orange will pay for these additional tasks along with preparation of a water balance report summarizing findings. RECOMMENDATIONS: 1. Accept a $40,000 contribution from the County of Orange to fund additional tasks for an ongoing water balance study in the Big Canyon Watershed. Further, authorize the Public Works Director or designee to represent the City for all matters pertaining to this contribution. 2. Approve Budget Amendment No. 13BA-04o recognizing a contribution of $40,000 from the County of Orange to Account No. 255-4913 and appropriating $40,000 to Account No.7255—C5002004. 3. Approve a Professional Services Agreement with DBS&A of Newport Beach, California, at a not to exceed cost of $62,893, and authorize the Mayor and City Clerk to execute the Agreement. 1 of 36 Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS&A) for Big Canyon Water Balance and Accept a Contribution from the County of Orange for Funding May 14, 2013 Page 2 FUNDING REQUIRENIEN TS: The fee for DBS&A to conduct the supplemental tasks for the water balance study and complete the report is $62,893. Using the $22,893 remaining from the initial contract, in addition to the $40,000 the City will be reimbursed from the County of Orange - Central Watershed budget, adequate funding is available for the project. Account Description Account Number Amount Contribution 7255-CS002004 $62,893.00 DISCUSSION: On January 10, 2012, City Council accepted a $100,000 contribution from the County of Orange, acting on behalf of the Newport Bay watershed partners, to pay DBS&A to prepare a water balance study in upper Big Canyon. As part of the City's work plan for addressing selenium impacts in Big Canyon, the purpose of the water balance study is to provide a better understanding of groundwater recharge, the groundwater flow and movement patterns, and the mobilization and transport of selenium. Last year DBS&A worked diligently to install piezometers and collect water and sediment data as defined in their initial scope of work. These field studies have been completed and submitted to the RWQCB for review. During this review time, the data analysis and report preparation was put on hold (with a task budget of $22,893). The RWQCB has now requested additional field studies and data prior to completing the data analysis and final report; however the initial contract with DBS&A has now expired. Staff recommends the City receive the contribution of $40,000, roll over the $22,893 remaining from the previous contract, and enter into a new agreement with DBS&A for $62,893.00 to perform the additional field studies and prepare the final analysis and report. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2 of 36 Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS&A) for Big Canyon Water Balance and Accept a Contribution from the County of Orange for Funding May 14, 2013 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by David A. Webb Public Works Director Attachments: A. Professional Services Agreement with DBS&A B. Map of Big Canyon Watershed C. BudgetAmendment 3 of 36 ATTACHMEN-f A PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPI-TENS & ASSOCIATES, INC. FOR BIG CANYON WATER BALANCE: THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') Is made and entered Into as of this _ day of April, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Daniel B. Stephens & Associates, Inc., a New Mexico Corporation ("Consultant"), whose address is 260 Newport Center Drive, Newport Beach, CA 92660, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide analytical data and water monitoring and sampling of the Big Canyon Water Balance ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described In this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at Its sole discretion. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services In accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 4 of 36 performed to completion in a diligent and itmely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed In accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Two Thousand Eight Hundred Ninety Three Dollars ($62,893,00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified In Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Daniel 13. Stephens & Associates, Inc. Fage 5201[36 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Dates as set forth In Exhibit B. 5. PROJECT MANAGED 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Dan McCoy to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of Its personnel assigned to the performance of Services upon written request of City. Consultant warrants that It will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department, City's Assistant City Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City In at matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBUTIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays In Consultant's Work schedule. 81 STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Daniel B. Stephens & Associates, Inc. Page bf 36 8.2 All Services shall be performed by qualified and experienced personnel who are riot employed by City. By delivery of complelod Work, Consultant certifies that the Work conforms to the requiroments of this Agreement, all applicabio federal, stale and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep In full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the Perm of this Agreement, 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Won< promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily Injury, death or darnage to properly), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every Kind and nature whatsoever (individually, a Claim, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (Including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to 'indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This Indemnity shall apply to all claims and liability regardless of whether any Insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Daniel B. Stephens & Associates, Inc. _ Page 4u(35 10, INDEPENDENT CONTRACTOR It Is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing In this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant Is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11, COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or Interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points In order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator Informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described In the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall f 36 Daniel B. Stephens & Associates, 1nc. Page be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percenf (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership orjoint-venture. 16. SUBCONTRACTfNG The subcontractors authorized by City, If any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall It create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17, OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, Its officers, employees, agents and subcontractors, In the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant Is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. f 36 Daniel B. Stephens & Associates, Inc, Page 9 o 18. CONI ID!_NTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for Infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices In connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs Incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. Ail such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any Withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been Improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional Inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Daniel B. Stephens & Associates, Inc �F36 23. CITY'S RIGHT T O EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Politica[ Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating In making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for Immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mall, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Administrative Analyst Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Dan McCoy Daniel B. Stephens & Associates, Inc. 260 Newport Center Drive Newport Beach, CA 92660 of 36 Daniel B. Stephens &Associates, Inc. Page 2.6. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making Its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of Its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth In the Agreement, Consultant shail be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 of seq.). 27, TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed In default In the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or If more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs Incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports. Documents and other Information developed or accumulated In the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby Incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Daniel B. Stephens & Associates, Inc. Page 28.3 Waiver. A waiver by either party of any broach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments, This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severablllty. If any term or portion of this Agreement Is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue In full force and effect. 28.9 Controllina Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to It and any action brought relating to this Agreement shall be adjudicated in a Court of competent jurisdiction in the County of Orange, State of California, 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arlsing under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same Instrument. [SIGNATURES ON NEXT PAGE) Daniel R. Stephens & Associates, Inc. Page 136 IN WITNESS WHER11-110F, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY Av f'C -NEY'S OFFICE Date: �/�� By: Aak4p/C. !-tarp City Attorney ATTEST: By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: David A. Webb Public Works Director CONSULTANT: Daniel B, Stephens & Associates, Inc., a New Mexico Corporation Date: Michael Bitner President Date: By: Judith Ann Meeter Treasurer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Daniel B. Stephens & Associates, Inc. Page ��or36 I uH18IT A SCOPE OF SERVICES .—Ls,of 36 OaNel B. Stephens & Assocfaies, fnc. Page A -'f �ZlpMarch 26, 2013 Mi. Robert G. Stcin Assistant City Euginccr City of Newport Beach Public Works 3300 Newport Boulevard Newport Beech, CA 92663 Rc: Scope of Work and Cost Estimate Additional Tasks (Task Order 1) Big Canyon Watet Balance and Related Tasks Big Canyon Watershed Newport Beach, California Dear Mr. Stein; Daniel B. Stephens & Associates, Inc. (DBS&A) is pleased to provide the City of Newport Beach (City) our proposed scope of work and cost estimate for additional tasks related to the Big Canyon water balance. The scope of work outlined below consists of the following: 0 Task 1 — Supptentental Groundwater Elevation Monitoring 0 Task 2— San JoaquinReservoirpocumentReview u 'task 3 — Supplemental Surface Water Monitoring and Samptu3g Task 4 —Data Analysis and Reporting Task 1—Supplements] GrouudwaterElevation Monitoring and Sampling In review of the proposed scope of work for groundwater elevation monitoring, [lie Slate of California Regional Water Quality Control Board (RWQCB) requested water level measurement events coinciding with ,surface water flow measurements. Surface water flow measurements are being conducted by Weston Solutions, Inc. (Weston) under subcontractio DBS&A (see Task 3). DBS&A will specify, procure, iustali and maintain two (2) electronic pressure transducers and data loggers in two selected piezometers in the Big Canyon area so that continuous water level rneHsi] remenls can be recorded. A bnrofnetric pressure data converter will also be purchased and inAalted for each transducer. Continuous water level logging will continue in the two piezometers until Weston completes both dry and wet -weather monitoring in the 2012/2013 summer/winter season (until approximately April 2013). Unniel B. Stephens & ils.coclnres, /ne. 760 NOerporf Center Oilee 949 Milk Newport Oeach, CA 9160 FAX 949 9994356 Mr. Robert Stein March 26, 2013 Page 2 'fire water level data will be downloaded and reviewed to evaluate the potential relationship between groundwater levels in upper Big Canyon and surface water flow due to irrigation and storm water runoff. Per RWQCB request, additional soil sample analysis will also be conducted duringpiexomcter instal lation. Soil samples will be analyzed for grain size and total organic carbon content (TOC) to further evaluate selenium sonrces in the Big Canyon area. A positive correlation betwceu selenium content and TOC has been reported by die USGS. A sample of the Tertiary Monterey fornnadon outcrop in lower Newport Bay (near Back Bay View) Park will also be collected for laboratory analysis for total and speciated selenium. Task 2 — San Joaquitr Reservoir Document Review DBS&A will coordinate with the Irvine Ranch Water District (IRWD) to identify and obtain copies of 1RWD documents concerning the San Joaquin reservoir geology, hydrogeology, monitoring well/piezoulctor network, gronmdwater conditions, and reservoir history. The documents will be reviewed to evaluate potential groundwater- recharge into Big Canyon from the reservoir area. DBS&A will visit the IR" engineering library and identify key documents for loan and electronic scanning. The results of the doconreat review will be summarized in the Big Canyon reporting effort and incorporated into the water balance for uppor Big Canyon, as appropriate. Task 3 — Supplemental Sarfaee Water Monitoring and Sampling In review of the proposed scope of wodt for surface water monitoring, the RWQCB requested . supplemental monitoring in groundwater "subdrain" locations. Specifically, monitoring will be conducted in the "Seaview" subdrain (installed c. 1975 downslope of the Big Canyon reservoir, roughly aligned along San Miguel Drive near the northwestern reservoir boundary). Additional monitoring will also be conducted in the "Bren" drain (also installed c. 1975, and roughly aligned along the southern side of Bast Newport Hills Drive across from Big Carryuu reservoir and downslope from San Miguel Drive)_ The monitoring will be conducted by Weston Solutions wider subcontract to DBS&A (Attachment 1). Task 9 — Data Analysis, Reporting and Project Management DBS&A will utilize and idea porate the results ofthese additional tnsles into the water balance and reporting effort for the upper Big Canyon watershed. The water balance will utilize DBS&A's Distributed Parameter Watershed Model (DPWM) where possible to quantify the contribution to groundwater recharge from deep percolation of irrigation and rainfall. In addition, DBS&A wilt attend ameeting with fro city utilities general manager to discuss operations at the Big Canyon reservoir, sources of potable water in the reservoir, and historical data collection and monitoring at the reservoir. DBS&A will obtain and review the historical 170136 Mr. Rubel't Stein March 26, 2013 Page 3 monitoring data for incorporation itito the reporting and water balance development effort. DBS&A will also attend it meeting of the Nitrate Selenium Management Program (NSMP) group to deliver a presentation outlining [lie scope of work and tasks completed to -date i''orthe upper Big Canyon water balance project. Summary The DBS&A Task Order request totals $62,893. This amount accounts for $22,893 of unexpended budget previously approved (for pending tasks) and remaining at the close of December 2012. Budgetary details of this Task Ogler request ate contained in the clutched spi:cadsheet table (Attacl)yneut 2). The scope of work will be completed in accordance with the Professional Services Agreement completed between the City of Newport Beach and DBS&A dated January 10, 2012. Please contact John Dodge at (949) 999-3304 with any questions you have regarding this scope of work DBS&A appreciates the opportunity to support the City of Newport Beach. Sincerely, DANIEL B. STEPHENS & ASSOCIATES, INC. John J. Dodgc, PG Sell iorHydrogeologist Associate Attachments: Attachment 1 Weston scope and cost Attachment 2 Cost summary fable Stephen J. Cullen, PhD, PG Principal Hydrogeologisl Sr. Vice President IfX.Tall Attachment 2 19 of 36 C'._ Wlie'1'nPF � 2rCu I IbN , Irlr:. !i0•I'J LV VJeIi Plnt�, Giilln •ID7 Cneauhod, CA 92000 (760) 705-6000 / (760) 031- i660 1 --AX 4yy_iw.�_{:�:N gpnoltQloi t�.cuilj Nh', John Dodge February J5, 2013 Daniel B. Stephens & Associates, Inc. 200 Newport Center Drive Newport Beach, CA 92660 Subject: Scope of Work for a Selenium Somme Identification Study iu thc)3ig Canyon Watershed Dear John: Weston Sotutions, Tile. (Wes(on) is pleased to provide a Scope of Work (SOW) to cnnduct monitoring designed to identify sources of selenium in the Big Canyon Watershed (watershed), which drains to upper Newport Bay, The monitoring outlined in this SOW is designed to support ongoing efforts to identify sources of selenium in the watershed by the County of Orange, the Santa Ana Regional Water Quality Contro] Board, and other consultants, Estimated costs for the project are summarized at the end of the document. There are two prunary study questions that will be addressed by the study I. Which sub-dcainages contribute the greatest flows within the watershed? 2. What are the sources of water in the watershed that contribute to elevated flows at the bottom of the drainage (e.g., irrigation runoff; groundwater, seepage from big Cauymn Reservoir)? To adchcss these questions, the portion of the seleurium source identification study covered in this scope of work has three casks. Task 1. Hydrological Characterization This task is currently being done by Women raider an existing contract with Daniel B. Stephens & Associates, [ne. (DBS&A). Tnsl( 2. Installation of Addifionsl Plow Meters and Data Collection Task 3, Water Quality Monitoring Task 2 fund Task 3 will be done outside of the current Weston contract with Daniel B • Stephens & Associates, Inc. (D)3S&A) and therefore will require additional funding. Taslc 1. Hydrological Chat Heterizatiou One way of assessing the relative contributions of inputs and outputs of flows and ostimate the exchange of surface water and groundwater within a drainage system is to oonduct a water balance. The purpose of the water balance is to determine the relative contributions to the overall flow in the watershed from irrigation runoff, groundwater, and potential seepage from Big Canyon Reservoir. In this Phase of the project, one site in the Big Canyon Watershed at the top Page I of 3 20 of 36 tM.q`�. (,rUn�r,imn of 1-larbor View Naturc Park, will be installed and monitored for now rund water cbemistry.'Ihis dada will be used to contribute to the water balance for (lie watershed being conducted by ABS&A. Plow monitoring data will be collbcted contimiowly at 9 sites (including the Park site listed above) for a one-year period for the purpose of estimating annual watershed loads. Plow will be determined by measuring stream stage (i.e., water depth) with a Solinst Leveloggar secured to the hottom of the channel as close to the stream thalweg ns possible. Weirs or stilling wells may be incorporated into the installation, depending on site conditions. Date collected by the leveloggor Will he manually downloaded dining site visits conducted on a monthly basis. In addition to downloading data, the site visits will be used assess the need for additional stream rafiuga (see below) and trouble shoot any flow or sampling -related issues. To convert stream stage data to continuous flow, a stream rating will be conducted at each site during the initial installation and periodically throughout the study period, depending un changes in site conditions. The stream rating will be conducted using standardized strearn rating protocols developed by the USGS (Rantz, 1982). Two monitoring surveys will also be conducted to detennine concentrations of key constituents at each of the sites. The surveys will be conducted durutg the following periods: Summer 2012 and Winter of 2012/2013. These periods were chosen to characterize the range of dry weather ambient conditions throughout the year. During each survey, grab samples will be collected at each of the 9 monitoring sites, plus the two additional monitoring sites described in Task 2. Chemical analyses of the samples, detailed under Task 3, will include selenium speciation, total and dissolved metals, and total dissolved solids (TDS). Task 2. Installation of Additional Flow Meters, Data Collection, and Site Visits Installation of additional flow meters at 2 sites adjaceatto the reservoir (Bron and Senview subdra ins) will be performed to evaluate the owributions of ground water flow to the overall flow in the watershed. These additional flow meters will monitor flow cottinuonsly fm a period of 8 months to record flows during both dry weather and wet weather seasons. This task also covers site visits with DBS&A to discuss observations and sampling locations. Task 3. Water Quality Monitoring Grub samples will be collected two times per survey: once in the early morning between Sant and Sam during peak irrigation hours, and once in file early afternoon between 1.2pm and 3pm during off hours for irrigation, at each of the 11 monitored sites to assess total seleniam, selenitc, and scicnate concentrations, as well as total metals and (IDS). Samples from the two time periods at each silo may he conposited to represent an average daily conceutration for each site, Results from chemical analyses of die samples will then be used to calculate daily loads to the Back Bay and to determine where the grcateslpollutant concentrations occur in the watershed. Laboratory analysts of water samples Cor spectated selenium will be, performed by Applied Speciation, while Calscience Environmental Lab will perform analyses of total metals and TDS. Field measurements will be taken at each site immediately following each sample collection to measure pH, conductivity, temperature, and dissolved oxygen. Page 2 of 3 21 of 36 EXHIBIT B SCHEDULE OF BILLING RATES f:36 Daniel B.Slephens & Associates, Inc. 1yV lh.l)�jj Project Bch ednto: The project will commence upon written approval of a cunb'act amendment from the City of Newport Reach and will adhere to the following schedule: Hydrological CharacterizalionAugust, 2011 through February, 2013. Installation of additional IF Meters and Data Collection: August 2012 through March 2013 Water Quality Monitoring: August 2012 tlu'ough March 2013 Cost Summary: The costs for the project aro sutnmrized below. Task I Hydrological Characterization: 69,712 (funding covered in existing contract between Weston and Daniel D. Stephens & Associates, 11no. (DRS&A) dated January 10, 2012) Task 2 Installation of Additional flow Meters: $6,150 Task 3: Water Quality Monitoring: $13,680 Project Total Cost Estimate feu Taste 1; $9,712 Project Total Cost Estimate forTasks 2 and 3: $19,830 Project Total Cost: $29,542 Total not to exceed estimated project cost for all tasks based on time and materials: $29,542 Please call Dan McCoy at 760-795-6905 if you have any questions or comments on this Scope of Work. Sincerely yours, Dan McCoy Project Manager Weston Solutions, Inc. cc: Project Pile Page 3 of 3 23o[36 Attachment 2 24 of 36 Duu le!13. J'/a p G ens R/t sso cin l as, /u C. 25 of 36 Cost Summary for Additional Tasks City of Newport Beach Big Canyon Water Balance and Related Tasks March 2.6, 2013 Cosi Sulnn7ary by Task "Task No. Description Subtotal 1 Supplemental Groundwater Elevation Monitoring $7,669 2 San Joaquin Reservoir Document Review $4,382 3 Supplemental Surface Water Monitoring and Sampling $19,830 4 Data Analysis and Reporting $8,119 5 Remaining Budget from 2012 Contract $22,893 Total: $62,893 25 of 36 EXHIBIT IS SCHEDULE OF BILLING RATES _ 26 f 36 Daniel B. Stephens & Associaes, 4nc.T _ Page B-1 Task 1 Supplemental Groundwater Elevation Monitoring _ _ Rrip.11EEG il 111 s1t0 Dale: March 26, 2013 �'�4`ll nni r/ 0. .Cl nPGfnR �Q Ai. •ia/,'.v, lnr. Project Manager: J. DODGE Client Name: City of Newpod Beach Project Name: Dig Canyon Water Balance and Related Tasks Project Number: pending Terms: per agreement Task 1 Supplemental Groundwater Elevation Monitoring _ _ Rrip.11EEG il 111 s1t0 Dale: March 26, 2013 Estimator: J. DODGE Project Manager: J. DODGE Prepared by: J. DODGE Approved by: S. CULLEN SERVICES _ UNIT_ UNIT FEE QUANTITY COST Principal hour $ 280.00 S Scnior technical specialisl Hour 225.00 2 450.00 Technical specialist Hour 205.00 Senior engineerlscienlisl 11 Hour 10000 12 2,160.00 Senior engineer/sctenllsll Hour 157.00 Project engineer/scientist Hour 138.00 Staff engineer/sclen(ts1111 Hour 118.00 Staff engineer/scienlisl 11 Hour 108.00 22 2.370.00 Staff engineedsclenlist l Hour 87.00 FleldAaboratory technician Hour 87.00 Senior graphics designer Hour 105.00 Senior CAU technician Hour 97.00 GS analyst/database analyst Hour 107.00 GIS technician Hour 9700 Senior technical editor Hour 100.00 Technical editor Flour 85.00 Project assislanI Hour 05.00 AssislanUpiofesslonal Hour 75.00 Assistant technician Hour 65.00 _ Subtotal: 36 $ 4,906.00 EXPENSES iMARKUP UNIT I UNIT FEE QUANrd.FY I COST Field Environmental Inc. $ $ Micro -Diver transducers (2), data cables (2), Inc cable (1) 0% ea2,115.92 1 2,115.92 Baro -Diver Sensor and cable 0% ea 567.00 1 567.00 Subtotal; S 2,682.92 Total Direct Cost 7,068.92 FA_arkup on third party services 0.00 TASK 1 SUBTOTAL $ 7,868.92 New Mexico Gross Receipts fat Q 0.000% 0.00 TASK 1 TOTAL $ 7,668.82 27 of 35 •. 4 _ /hurl r./D. S'/epi enx 6.lesneiule.q /ve. Client Name. City o' Newport Beach Date: March 20, 2013 Project Name: Big Canyon Water Balance and Rotated Tasks Esllmaloc J. DODGE Project Number: pending Project Manager. J. DODGE Terms' per agreement Pmparcd by: J DODGC 4 40800 Approved by: S. CULLCN Task 2 San Joaauln Reservoir Documonl Review SERVICES _ _ —0—MIT-1 UNITFEfi QUANTITY COST Principal Hour S 780.Do £ Senior technical specialist Hour 225.00 4 40800 Technical specialist Hour 20500 Sailor englneedscienlislB Hour 180.00 16 2,380.00 Senturengineedsclentlst I Hour 153.00 Project engincodscienlisl Hour 136.00 Staff enalOcer/scientist 111 Hour 118.00 Staff engineer/sGenllsl 11 Hour 108.00 4 432.00 Staff angineedacienhsl l Hour 87.00 Fleldllaboralory technician Hour 87.00 Senior graphics destoner Hour 105.00 Senior CAD technician Hour 47.00 GIS anal/sUdelebase analyst Hour 107.00 GIS IeUmiclan Hour 87.00 Senior l0chnlcal editor Hour 100.00 Technical editor Hour 05.00 Prolscl assistant Hour 05.00 2 17000 Assfslanliprofessiomt Hour 76.00 Asslslanl technician Hoc'r 65.00 Subtotal: 20 5 4,382.00 E%PENSES MARKUP UNIT UNIT FEE I QUANTITY COST S S _ Subtotal: S 0.00 Total Dlrecl Cost 4.302.00 Markup on third party services 0,00 TASK 2TOTAL _ 5 4,382.00 28 of 36 / _\ \Unnl r./ D. filep Acu.v .p .Lv a,J,✓ea, Irr e. I ._+' Client NameCity of Nowpon Beach Project Name: Big Canyon Waler Balance and Related Tests Project Number: pending Terms' per agicemonl Taal, 3 Suonlenleolol SUrfaro Water Mon0odnn and Sampllnu Dale: March 26, 2010 Eslini J. DODGE Project Mana0er. J DODGE Prepared by J. DODGE Approved by S. CULLEN SERVICES UNIT UNIT FEC QUANTITY COST Principal Hour S 200.00 5 Senior tocllnleal specialist Hour 225.00 Techalcal specialist Hour 205.00 Sono( engineer/sclenlisf II Hour 180.OD Senlor angine¢r/scien0st l Hour 153.00 ProfeU engineer/scientist 1100, 136.0D Stall englneadsdenfisl IN Hour 118.00 Stall engineer/sdenliSt 11 hour 100.00 Stag engineer/scienUsll Ilour 07.00 Flaldnaboralory lechnidan Ilour 87.00 Senior graphics designer Hour 105.00 Senlor CAD technician Hour 07.00 GIS onolysVdalabase analyst Hour 107.00 GIS technician Hour 07.00 Sento, technical editor Hour 100.00 Technical editor Hour 85.00 Project easistanl Hour 85.00 AssislanVproresslonal Hour 75.00 Assislarn technician Hour 65.00 Subtotal: EXPENSES _.MARKUP UNIT UNITPEE QUANTITY COST _y S V Weston Solullons Pr000saldaledl/iSI13 0% 1 19,830.00 1 10,830.00 silloOlaf: $ 18,630.00 Total Direct Cost 98,830.00 Maif,up on lhlyd party services _ 0.00 TASK S SUBTOTAL S 13,030.00 New Mexico Gross Recelpls Tax @ 0.0001/. 0,00 TASK 3 TOTAL S 13 830.00 11 29 Of 38 .1'/r/gyp �/i! n /I rlollu/eF. Ili r. Client Nant9: Cry of NemppR Beach Woycl wino: Big Canyon water Balance and Related "fall's Project Number: pending Termsper agrcemenl Task Data Analysis and Repairing Dsle: Mauch 26,20!3 Essilnalo, J. DODGE Pmleel M.enager J. DOUCE Praparcd by. J. DODGE Appro,zd by: S. CULLEN SERVICES UMT I UNI(FEE I QUANTITY I COST Principal Hour 9 280.00 S Senior technical spedagsl Hour 2.25.00 d 00000 Technical spade%el Hour 205.00 Screw enginearlscienflsl 11 Hour 18000 0 1,440.00 Senior rnginccrfscionlisl l Hour 153.00 24 3,67200 Project engipeedsdenOsl Hour 13800 Stall enginear/sdemisl 111 Hour IIe.00 Staff enginearlsdenlisl II Here 108.00 Stall epgineedsdonlisl l How 97.00 FieldSeboralcry lecluddan Hour 87.00 Senior graphics design&( Hour 105.00 Senior CRO lechnician Hour 97.00 10 1%46.0 GIS ana{y5VA6laDdse analyst Hour 107.00 GIS Irchplcan Hour 07.00 Senlor techlteal echfpf Hour 100.00 Technlral editor Hour 8500 Pmfeel aft0mam Hour 86.00 426 36125 AcalslanVpmfes5iorul Hour '/5.00 Assisi.. I.eh dden Hour G9.DD 6ubloal: 88 I S 8.N9:28 _ EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST J 5 S __ Subtotal: 5 (IMB 'total Direct Cosl 8.119.75 MaihV pa third d SeMces 000 TASI(a TOTAL S 8,119.76 30 of 36 o\ �barJe U,. ,G ePL enr 6.lr,�urrt.lua. \Y C9enl Wale¢ Cil, al Ne,rpoNCeadl PNjad Nemo: Uig C..n5 WAvi Da:An2o ona Helalcd Tasks Pmjad NumLrn. Dertd,:0 T15anS pr ,,^.p:amenl Tnsk 6 Oat! lA010:26, W13 rafin,aloe. J DODGE Fmmd Wan lt. J OODOE Piepur0b,. J DDDGE Ap vod by: S. CUCUN SERVICES UNITUNITPr:E QUANTITY COSI Pdndpal �-� _ Ho::: S 20000 S Scrl'.o, lec6!u1 SPedmw Hoo, 11500 TeOln lOoc UkSt Hour 205.00 $kni:r pn0ineArhtlrntil II Hou. Ion.00 Senlo(amJtneodadanl'ol l HUur IWOO Projo , eopinocrlscionllsl Hea, 08.00 Slafl on0ineorlscmttsl 111 Haur H8.00 5{aff en0lne O dan!Is111 Mo, 100.00 5W0.1I&. orhdonliA l Ilea 97.00 F,o:vt pralory looWliaO Hnnr 0,,00 SOn!Ol{I:Op111G5 dl Vflnl; Hav( 105Ln SenarCADler M.i n Hour 8).00 GF dm{ysVJalebe9e analyst Hoa, 107.M GIS lechnid. Ho" 97.00 Goma 1cc51nical e0llo, Hoo, 10!10.5 7wn¢lal edilol Hael 65.00 PmlDd..W.nl Hour $5.00 AS SISId11VpI Cle 55iJllili HOui ?500 Allml= tothP!dan Hoo, 05.00 Sabloldl: 0 S 0.00 _ EXPENSES MARKUP UN11' UNITFEE QUANTITY COST 5 S DEnC BOd9elc,oP!; 505 MlfI5 per lily WlVad 501008!en 2ll lyl2 22,02TOp I 22,091, 22.89L00 RoN10IKtl Gaz1 _ _5 22,091.00 JAlahap an lkTd pally Mml.S TASK55URTOTAL 5 22.855.00 Nov, M.. G.,. PacNpla fax® O.G90A 0.00' TASK 0 TOTAL $ 22119100 M,A., CO 0.00 31 0! 36 EXI-IIETI' C INSURANCE REQUIREIViLENTS — PROFESSIONAL. SEEi Provision of Insurance- Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and irna form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. Acceptable insurers. All insurance policies shall be Issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) In accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement In 'favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and If necessary umbrella liability insurance, with coverage at least as broad as provided by insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope or coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this 32 of 36 Daniel B. Stephens & Associates, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limll each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability Insurance that covers the Services to be performed in connection with this Agreement, In the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception dale, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4, Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogatlon against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically aiow Consultant or others providing insurance evidence In compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the iollowing: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager --33p( 36 Daniel B. Stephens & Associates, Inc. Page C-2 prior to commencement of performance. Current certification of Insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements, City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not Intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as It pertains to a given Issue and Is not Intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self -Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance, If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminale this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance Is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to Involve City. 3a If 36 Daniel B. Stephens & Associates, Inc. Page C-3 1-I. Consultant's Insurance. own cost and expense, judgment may be nece the Work. Consultant shall also procure and maintain, at its any additional kinds of Insurance, which in its own ssary for its proper protection and prosecution of -Sot 36 Daniel B. Stephens & Associates, Inc. Page C-4 r ��+ F„s w t 3 r ca YCr1 i 1 41 Y CL fi'n. *'I, ;i sta NL ho vo CL 10 '�' � � �;'[j t � {•,� � Y.4.- of P° ". _ 11 !(,N(, M1P �N Pyr J If 1 -' fd. • " /� "ate t ? prr - 'r' i_, by .7 ,. • ` � . '.. [rg '` -ni. �cs++vk-i�� "•'t YT,fa3' tf �•��'i'a t I`. r llo ,:G .a ,tf ,j `• t .� \ ���t -.��i .�i/:!%:.'Y 'r .iib t�'��ii'11It,i.Q City of Newport Beach NO. BA- 13BA-040 BUDGET AMENDMENT 2012-13 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $ao,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance HX No effect on Budgetary Fund Balance To increase revenue & expenditure appropriations due to a reimbursement agreement with the County of Orange for additional tasks requested by the County for an ongoing water balance study in the Big Canyon Watershed, as part of the City's selenium mitigation proqram. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund/Division Account Description 255 4913 Environmental Contrib - County of Orange EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7255 Environmental Contributions Account Number C5002004 Big Canyon Wash Restoration Division Number Account Number Division Number Account Number Division Number Account Number Signed: �r y' Signed: Signed: Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $40,000.00 Automatic $40,000.00 ' 3 Date Date Date