HomeMy WebLinkAbout11 - Newport Island Circulation Unit EvaluationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. ii
September 14, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: NEWPORT ISLAND CIRCULATION UNIT EVALUATION - APPROVAL
OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST
INTERNATIONAL CONSULTANTS, INC.
RECOMMENDATION:
Approve a Professional Services Agreement with Everest International Consultants, Inc.
(EIC), of Long Beach, California, for analyzing circulation requirements for the Newport
Island Channels at a contract price of $18,500.00 and authorize the Mayor and City
Clerk to execute the Agreement.
DISCUSSION:
EIC has submitted a proposal to evaluate the number of Oloid (Oh -lo -weed) circulation
units needed to generate a current sufficiently powerful enough to eliminate the
stagnant areas in the Newport Island Channels. The study would be conducted using
Oloid flow rate as measured by EIC in a pilot study conducted last month in the Rivo
Alto Channel. This flow rate was determined to be between 1.2 and 1.5 million gallons
per day. This flow rate is comparable to the InStreem circulation unit tested last year;
however, the Oloid is significantly more compact and quiet. Preliminary reports from
the community during the four -week pilot project are favorable. Additionally, the County
of Orange and the State Water Resources Control Board have expressed interest in the
performance of the unit. The State Water Resources Control Board has indicated
Proposition 40 funds could be made available for purchase and installation of these
circulation devices. The preliminary estimate is that eight to twelve units will be
required at a cost of approximately $25,000.00 per unit installed.
EIC has successfully completed similar studies for the City in Newport Bay including
studies at Newport Dunes and the Newport Island Channels. Their previous work in
this area of the Bay facilitates the performance of this study in a cost - effective and
timely manner.
SUBJECT: Newport Island Circulation — Approval of Professional Services Agreement with Everest Engineering
September 14, 2004
Page 2
The scope of EIC's professional services will include:
1. Determining the number of circulating devices with locations to establish adequate
circulation and mixing in the Newport Island Channels.
2. Evaluating a final configuration after City staff has determined which property owners
would like to take part in the program.
3. Preparing a final report.
Staff intends to use the final report when applying for grant funding at the end of the year.
Funding Availability:
Funds for this project are available in the following account:
Account Number
0110 -8080
Environmental Review:
Account Description
Professional Services
The modeling study does not require any CEQA review.
Prepared by:
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Robert Stein` P,�E
Project Manager
Amount
$18,500.00
Submitted b :.
�'�;tephen G. Badum
Public Works Director
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
EVEREST INTERNATIONAL CONSULTANTS, INC.
FOR OLOID CIRCULATION UNIT DEMONSTRATION EVALUATION
THIS AGREEMENT is made and entered into as of this day of
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and EVEREST INTERNATIONAL CONSULTANTS, INC. (EIC) a corporation
whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California,
90802 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to determine locations for installing water circulation devices in
the Newport Island Channels to improve water quality in the area.
C. City desires to engage Consultant to use computer modeling to determine the
optimum number and locations of circulating devises around Newport Island
('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Dr. Ying-
Keung Poon.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Eighteen Thousand Five Hundred and 00 /100 Dollars ($18,500.00)
without additional authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
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advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
S. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at
all reasonable times during the Agreement term. Consultant has
designated Ying -Keung Poon to be its Project Manager. Consultant
shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of services upon written
request of City. Consultant warrants that it will continuously furnish the
necessary personnel to complete the Project on a timely basis as
contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E. shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITV"S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
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and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
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.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
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Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
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20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Dr. Ying -Keung Poon
444 West Ocean Boulevard
Suite 1104
Long Beach, CA 90802
Phone: 562 - 435 -9305
Fax: 562 - 435 -9310
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this .Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the! same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
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32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
IA
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
EVEREST INTERNATIONAL
CONSULTANTS:
By:
LaVonne Harkless, Ying -Keung Poon, Vice President
City Clerk
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: \USERS \PB1MSharedWgreements \FY 04 -05 \Everest -Oloid Circulation - Newport Island.doc
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Exhibit A
EVEREST
August 26, 2004
Mr. Robert Stein
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658
Subject: Proposal for Oloid Circulation Unit Alternative Evaluation
Dear Bob:
Thank you for contacting Everest International Consultants, Inc. (Everest) to assist the
City of Newport Beach (City) to evaluate the effectiveness of a new circulation device,
the Oloid Model 400, in improving water circulation and water quality at Newport Island
Channels. The City has recently completed a demonstration of the Oloid device at Rivo
Alto (east) Channel for a two -week period ended at August. During the demonstration,
Everest conducted a half -day field program to estimate the flow field generated by the
device. It was observed at the site that the Oloid generates a rather unidirectional flow
extending approximately 30 feet in front of the device, and penetrates about 4 to 5 feet
beneath the water surface. Based on the data collected at the site, we estimated that
the Oloid generates a flow rate of about 1.2 to 1.5 MGD, which is comparable to the
quoted f ow rate of 1.5 MGD for a quarter -size InStreem unit.
Since ar earlier study has shown that the use of five reduced size InStreem units at
Newport Island Channels could result in better water circulation in the area, it seems
promising that if sufficient numbers of Oloid device can be deployed throughout Newport
Island Channels, it would help to improve water circulation for the area. The City has
requested Everest to submit this proposal to develop, evaluate and optimize alternative
configurations for the deploying of Oloid devices at Newport Island Channels to achieve
meaningful circulation and water quality for the area.
EVEREST INTERNATIONAL CONSULTANTS, INC.
444 West Ocean Boulevard, Suite 1104, Long Beach, CA 90802
TEL (562) 435 -9305 • FAX (562) 435 -9310
Mr. Robert Stein
August 26, 2004
Page 2 of 3
EVEREST
SCOPE OF SERVICES
Task 1 — Alternative Evaluation
The hydrodynamic model, RMA2, developed by the U.S. Army Corps of Engineers will
be used to determine the changes in local circulations during operation of the Oloid units.
The numerical model grid used in the prior study will be refined to account for the much
smaller size of the Oloid device compared to the InStreem unit. Water quality modeling
using RMA4 will be used to evaluate changes in mixing within Newport Island Channels
resulting from improved water circulation based on the hydrodynamic modeling.
Alternatives, varying in the quantity and location of the Oloid units that could improve
water circulations at Newport Island Channels will be developed. A preliminary set of
alternatives will be developed based on the number of Oloid units installed uniformly
throughout Newport Island Channels. It is anticipated that this initial screening will
include the use of 6 to 12 units. all simulated with the estimated average flow rate of
1.35 MGD. The preliminary alternatives will be used to select the number of Oloid units.
Additional alternatives will be developed to optimize the spatial distribution of the units.
Each alternative will be evaluated on the ability to provide a "meaningful" improvement in
water circulation and mixing at Newport Island Channels compared to the baseline
condition.
Task 2 — Evaluate Final Configuration
Based on the recommended Oloid layout (numbers and locations) determined under
Task 2, the City will work with local residents to select the final locations to install the
Oloid devices. A final confirmation model simulation will be performed to evaluate the
potential improvement In water circulation and water quality at Newport Island Channels
for the selected final deployment layout.
Task 3 - Report
Upon completion of Task 1, a draft report will be prepared summarizing the
methodology, alternatives, results, and alternative evaluations of the potential use of the
Oloid circulation units to enhance water quality at Newport Island Channels. The draft
report will include a recommendation on the optimal Oloid layout based on which the
City can select the final installation locations. In addition, a final report including the final
model results, as well as incorporating the City's comments on the draft report will be
prepared and submitted.
FEE AND SCHEDULE
We propose to provide the services described above on a time and materials basis
according to the billing rate schedule shown in Attachment A, with a final fee not -to-
Mr. Rooert Stein
August 26, 2004
Page 3 of 3
EVEREST
exceed $18,500 without prior written authorization from the City. The cost breakdown
per task is shown in Attachment B.
The alternative evaluation and draft report will be completed within five (5) weeks of
receiving the notice to proceed. The final report will be completed within three (3) weeks
after the selection of the Oloid installation locations..
Please contact me by email at ving .poon(a)everestconsultants.com or by telephone at
(562) 435 -9308 if you have any questions regarding this proposal. Thanks for inviting us
to work on this interesting project.
Sincerely,
EVEREST INTERNATIONAL CONSULTANTS, INC.
for
Ying -Keung Poon, D.Sc., P.E.
Vice President/Principal Engineer
Attachments: Billing Rate Schedule
Cost Estimate Spreadsheet
Exhibit B
Attachment A - Everest International Consultants, Inc.
Rate Schedule
Everest International Consultants, Inc. will provide professional services at the
following rates between January 1, 2004 and December 31, 2004.
Staff Category
Hourly Rate
Principal Engineer
$145
Senior Engineer /Scientist II
$130
Senior Engineer /Scientist 1
$115
Engineer /Scientist
$100
Assistant Engineer
$90
Staff Engineer
$75
Technician /CAD Operator
$65
Clerical
$45
Other Direct Costs
Unit Rate
Plotting
$0.25 /ea.
Bond
$1.00 /s. f.
Vellums
$1.50 /s.f.
Mylars
$2.50 /s.f.
CODVIna /Bindin
8.5 x 11 b &w copy
$0.08 /ea.
11 x 17 b &w copy
$0.25 /ea.
8.5 x 11 color copy
$1.25 /ea.
11 x 17 color copy
$2.50 /ea.
Binding (Reports)
$1.50 /ea.
Transportation
Personal Car (Mileage) $0.36 /mile
Other Proiect Related Expenses
Other expenses are invoiced at cost without mark up.
Subconsultant Services
Subconsultants are invoiced at cost plus an agreed mark up.
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