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HomeMy WebLinkAboutC-3485(B) - PSA for Waterways Circulation Improvement ProjectC -3qSS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 27th day of November 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred tows "CITY ") and Everest International Consultants, Inc., whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On February 12, 2002, CITY and CONSULTANT entered into a Professional. Services Agreement, hereinafter referred to as "AGREEMENT ", to provide engineering services for the Waterways Circulation Improvement Project, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2003. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT; hereinafter referred to as "AMENDMENT NO. V as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated. November 13, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty-nine thousand, eight hundred thirty and 00/100 dollars ($39,830.00). 2003. 3. The term of the AGREEMENT shall be extended to December 31, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPRAS TO FO M: By: City A rney ATTEST: B : X dra6��_ LaVonne Harkless City Clerk . ��XVP). CITY OF NEWPORT BEACH, A municipal corporation BY: Mayor City of Newport Beach Consultant BY: Print Name q - Keu� Poo,, � � � V 1-CC2 PrP 5zd.Q";#— f:\users\pbw\shared\agreements\fy 01-02\everest-amendment no. 1.doc Nov 13 02 02:33p Est Intl Consultants 56035 9310 p.l EXHIBIT A November 13, 2002 Bob Stein Principal Civil Engineer City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 Subject. Proposal for Circulation improvement Studies for Newport Island Channels Dear Bob: Thank you for contacting Everest International Consultants, Inc. (EIC) to submit this proposal to continue our service in helping the City of Newport Beach (City) to seek a solution to improve water circulation at Newport Island Channels. Past and ongoing efforts included a feasibility study to evaluate the effectiveness of InStreem Units to enhance water circulation, as well as the installation of a reduced size InStreem Unit at Newport Island Channels for demonstration. During the InStreem demonstration, local residents have raised concerns about InStreem regarding potential interference with boat traffics and noises. Hence, at the end of the demonstration, the City decided to stop all ongoing studies regarding the installation of InStreem Units at Newport Island Channels, and to seek other alternatives to improve water circulation. Initial investigation indicated the use of submerged pumps may be technically feasible and at the same time acceptable to local residents. The City hence retained EIC to assist the City to develop a work plan to further develop this concept. After reviewing the work plan submitted by EIC via e-mail on October, 8, 2002, the City requested EIC to submit this proposal to evaluate the possibility of employing submerged pumps to enhance water circulation at Newport Island Channels. Per your request, for completeness, in addition to the new scope to evaluate the use of submerged pump at Newport Island Channels (Tasks 2 and 3), we have also summarized the ongoing task (Task 1) that EIC are working on in this proposal. EVEREST INTERNATIONAL CONSULTANTS, INC. 444 West Ocean Boulevard, Suite 1104, € ong Beach, CA 90502 TEL (562) 435-9305 FAX (562) 435-9310 Nov 13 02 02:33p E )qest Intl Consultants 5635 9310 p•2 Bob Stein November 13, 2002 Page 2 of 4 SCOPE OF SERVICES — COMPLETED Task 1 — InStreem Demonstration Monitoring 1a. Develop and Coordinate Field Program Develop a field program to monitor the changes in water circulation and turbidity levels in the vicinity of the InStreem Unit. Assist and supervise field data collection. It is envisioned field data collections will be conducted over three days — one day before the installation of InStreem, and one day each during the two weeks of the demonstration. The first day will be used to try out the instruments and work out the logistics for data collection. In addition, grab samples of channel sediments will be collected for grain size analyses and laboratory testing for metals. During the operation of the InStreem Unit, velocity and turbidity measurements will be conducted. Coordinate testing of the collected sediment with the test laboratory. 1 b. Perform Hydrodynamic Modeling and Analytical Analyses Perform RMA2 modeling to determine the changes in local circulations during operation of the InStreem Unit. Since the exact flow rate of the InStreem Unit is not known, a range of flow rates covering the most probable flow rate provided by the vendor will be used as input to the RMA2 computer model. The numerical model results will be compared with filed measurement described in Task 1 a to determine the probable flow rate of the InStreem Unit. Based on the changes in channel velocities with the InStreem in operation and grain size distribution of the bed sediment determined under Task 1, analytical analyses will be performed to evaluate potential bed scouring and sediment suspension. 1 c. Meetings Three meetings with the City are anticipated for this study to discuss the work plan, prepare for the field work, coordinate the installation of the Instreem Unit and discuss findings. ltiy. Ho "v 13 02 02:34p E )fest Intl Consultants 5635 9310 p•3 Bob Stein November 13, 2002 Page 3 of 4 EVEREST SCOPE OF SERVICES — NEW Task 2 — Evaluate and Demonstrate the Use of Submerged Pumps at Newport Island Channels . 2a. Strategic Planning Meet with vendors or engineers experienced in the design and installation of submerged pumps in marine environment to discuss the possibility of using submerged pumps at Newport Island Channels to improve water circulation. Develop a work plan describing the different phases of studies and design requirements to implement the installation of submerged pumps at Newport Island Channels. 2b. Site Visit and Site Mao Preparation Perform a site visit with the City engineer, local residents, and other stakeholders to identify possible locations for installation of submerged pumps. The engineer from Enartec (subconsultant to EIC) will examine each possible location to see whether it's technically feasible for the installation of a submerged pump, and the sizes of pumps that can fit into each location. Prepare a site map identifying all possible locations for pump installation that are technically feasible and acceptable to local residents and other stake holders. 2c. Feasibility Study After the site visit, Enartec will prepare a letter report to EIC identifying the schematic pumping concept and to describe appropriate type and style of pump suitable for the site. Based on the pump layout and specification, perform numerical modeling to check whether a "meaningful" improvement in water circulation and mixing can be achieved at Newport Island Channels. The numerical modeling approach and effort will be similar to those used in earlier InStreem evaluations. Task 3 — Summary Report Prepare a report summarizing the results of the InStreem demonstration study described in Task 1; as well as the objectives, methods, findings, and recommendations of the feasibility study of using submerged pumps to improve circulation at Newport Island Channels described under Task 2. Nov 13 02 02:34p E6st Intl Consultants 5635 9310 p•4 EXHIBIT B Bob Stein November 13, 2002 Page 4 of 4 FEE We propose to provide the services described in Tasks 1 and 2 on a time and materials basis, with a final fee not -to- exceed $30,830 without prior written authorization from the City. The cost breakdown per task is shown below. TASK FEE EIC Subconsultant Total Completed Scope (Previously Invoiced) 1. InStreem Demo. Monitoring 1 $8,300 $700 $9,000 New Scope 2. Evaluate Submerged Pumps $17,640 $5,990 $23,630 2a. Strategic Planning $1,800 $1,800 2b. Site Visit & Site Map Preparation $1,280 $1,050 $2,330 2c. Feasibility Study $14,560 $4,940 $19,500 3. Prepare Summary Report $7,200 $7,200 Total (New Scope- Tasks 2 and 3) 1 $30,830 SCHEDULE Based on our current staff utilization, we will submit a draft report within ten (10) weeks upon receiving the notice -to- proceed contingent upon the City can arrange a site visit within two weeks. Please contact me by email at y[Mpoon(@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. C/ / nro Ying -Keung Poo C7.Sc�P.E. Vice President/Principal Engineer Nov 13 02 02:34p E st Intl Consultants 5635 9310 Everest International Consultants, Inc. Rate Schedule Everest International Consultants, Inc. will provide professional. services at the following rates effective July 1, 2001. Staff cateaory Hourly Rate Principal Engineer $125 Senior Engineer it $120 Senior Engineer 1 $100 Engineer $88 Assistant Engineer $76 Staff Engineer $66 Technician /CAD Operator $56 Clerical $40 Other pirect Costs Unit Rate Pla in $0.251ea. Bond $1.00 1s.f. Vellums $1.50 /s.f. Mylars $2.50 /s.f. Copying /Bindino 8.5 x 11 copy $0.08 /ea. . 11 x 17 copy $0.251ea. Binding (Reports) $1.50 1ea. Transportation Personal Car (Mileage) $0.34 /mile Other Project Related Expenses Other expenses are invoiced at cost without mark up. Subconsuttant Services Subconsultants are invoiced at cost plus an agreed mark up. T P.5 0$) • • NOV 2 R 2002 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 824 November 26, 2002 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 CHANNELS WATER CIRCULATION EVALUATION - AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Everest International Consultants, Inc., of Long Beach, California, for Water Quality Circulation Evaluations at a contract price of $39,830 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The Orange County Health Care Agency's weekly testing has identified Newport Island Channels and Newport Dunes Lagoon as water bodies periodically exceeding standards for indicator bacteria. In 2001, the City received $500,000 in grant money from the State of California's Clean Beaches Initiative (CBI). The City spent a portion of the grant money installing filters and screens in catch basins in the West Newport area. Water quality already appears to have improved in the Newport Island Channels due to these installations. The City also looked into ways to improve water circulation and mixing, in the Newport Dunes Lagoon and Newport Island Channels. Both of these areas receive dry- weather runoff, have significant bird populations, and are characterized by little water exchange. Some hypothesize the poor water exchange stagnates the water, leaving it poorly aerated and inhibiting the die -off of bacteria that typically occurs when the bacteria is • exposed to sunlight. The poor circulation and mixing also may provide an environment for algal growth that is a food source for the waterfowl that can contaminate surface waters. SUBJECT: NEWPORT ISLAND ANNELS WATER CIRCULATION EVALUAT - AMENDMENT 1 TO THE PROFESSIONAL SEPWS AGREEMENT WITH EVEREST INTERNATIOIWONSULTANTS, INC. November 26, 2002 Page 2 Earlier this year Everest International Consultants, Inc., (Everest) investigated methods • to improve circulation and mixing in Newport Dunes Lagoon and the Newport Island Channels, primarily focusing on the performance of an innovative floatation device called the 'InStreem' circulation unit. The investigation included installation of demonstration units to allow monitoring of unit performance. (At City Staff direction, the Newport Island Channel field monitoring was performed and is an extra task described in Attachment A, Task 1.) Everest verified the InStreem unit does in fact provide significant circulation improvements and provides a method to flush out the stagnant waters found in Newport Dunes Lagoon and Newport Island Channels. The results of the investigation were presented at the World Ocean Conference held this September in Santa Barbara. Other agencies are now looking at the feasibility of the InStreem unit, including the County of Ventura. However, the InStreem unit was viewed by residents around Newport Island Channels as a potential hazard to navigation within the narrow channels and a noise and light nuisance. While Staff believes these concerns can be mitigated, the community has requested that other approaches be investigated. Staff has therefore proposed an alternative approach using submerged pumps to improve circulation. At Staffs request, Everest has done some preliminary research and determined the use of horizontal submerged pumps is feasible. To be cost effective, this investigation will be limited to identifying an appropriate pump that could fit under a dock, performing a numerical analysis to initially check if meaningful improvements in water circulation and mixing can be achieved in Newport Island Channels, and preparing a summary report. The . summary report will include monitoring results from the Instreem Circulation Study. Because of the specialized analysis needed for this project and because of the scrutiny it will receive by the CBI review board, there are only a few consultants in the country that have the expertise needed for this project. Everest International Consultants, Inc., specializes in coastal, estuarial, and river design using advanced computational tools to devise constructible solutions. Everest has successfully completed similar circulation studies for other cities in Southern California, as well as the Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles. Everest was selected to propose on this project because the firm has local experience and a proven ability to provide solutions to difficult technical questions. Environmental Review: Not applicable. No facilities will be installed on a temporary or permanent basis. Public Notice: No formal public notice is required. However, an information letter will be sent to the homeowner associations. • SUBJECT:. NEWPORT ISLAND AJNELS WATER CIRCULATION EVALUATI- AMENDMENT 1 TO THE PROFESSIONAL SERVRW AGREEMENT WITH EVEREST INTERNATIONAWDNSULTANTS, INC. November 26, 2002 Page 3 Funding Availability: Funds for this project are available in Account No. 7251- C5100598 (Clean Beaches Initiative Projects). Prepared by: CE Q/1 I.]Kl Robert Stein, P.E. Project Manager Su Badum s Director Attachments: Amendment No. 1 Agreement Council Memo, February 12, 2002 • • mitted by: G- �. D ve iff As i ant City Manager d 0 0 AMENDMENT NO. 1 TO •PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 27th day of November 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Everest International Consultants, Inc., whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On February 12, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", to provide • engineering services for the Waterways Circulation Improvement Project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to December 31, 2003. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1" as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated November 13, 2002, attached hereto. u 0 2. Total additional compensation to CONSULTANT for services • performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty-nine thousand, eight hundred thirty and 001100 dollars ($39,830.00). 3. The term of the AGREEMENT shall be extended to December 31, 2003. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation •APPROVED AS TO FORM: BY: Mayor City of Newport Beach City Attorney ATTEST: By: LaVonne Harkless City Clerk Consultant Print Name f :Wsers \phvhshared\agreements \fy 01- 02 \everest-amendment no. 1.doc 1 0 November 13, 2002 Bob Stein Principal Civil Engineer City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 NOV i 0 Exhibit A Subject: Proposal for Circulation Improvement Studies for Newport Island Channels Dear Bob: Thank you for contacting Everest International Consultants, Inc. (EIC) to submit this proposal to continue our service in helping the City of Newport Beach (City) to seek a solution to improve water circulation at Newport Island Channels. Past and ongoing efforts included a feasibility study to evaluate the effectiveness of InStreem Units to enhance water circulation, as well as the installation of a reduced size InStreem Unit at Newport Island Channels for demonstration. During the InStreem demonstration, local residents have raised concerns about InStreem regarding potential interference with boat traffics and noises. Hence, at the end of the demonstration, the City decided to stop all ongoing studies regarding the installation of InStreem Units at Newport Island Channels, and to seek other alternatives to improve water circulation. Initial investigation indicated the use of submerged pumps may be technically feasible and at the same time acceptable to local residents. The City hence retained EIC to assist the City to develop a work plan to further develop this concept. After reviewing the work plan submitted by EIC via e-mail on October, 8, 2002, the City requested EIC to submit this proposal to evaluate the possibility of employing submerged pumps to enhance water circulation at Newport Island Channels. Per your request, for completeness, in addition to the new scope to evaluate the use of submerged pump at Newport Island Channels (Tasks 2 and 3), we have also summarized the ongoing task (Task 1) that EIC are working on in this proposal. EVEREST INTERNATIONAL CONSULTANTS, INC. j ifs d f. • • • Bob Stein • • November 13, 2002 � w.. Page 2 of 4 EVEREST • SCOPE OF SERVICES — COMPLETED Task 1 — InStreem Demonstration Monitoring 1a. Develop and Coordinate Field Program Develop a field program to monitor the changes in water circulation and turbidity levels in the vicinity of the InStreem Unit. Assist and supervise field data collection. It is envisioned field data collections will be conducted over three days — one day before the installation of InStreem, and one day each during the two weeks of the demonstration. The first day will be used to try out the instruments and work out the logistics for data collection. In addition, grab samples of channel sediments will be collected for grain size analyses and laboratory testing for metals. During the operation of the InStreem Unit, velocity and turbidity measurements will be conducted. Coordinate testing of the collected sediment with the test laboratory. 1 b. Perform Hydrodynamic Modeling and Analytical Analyses Perform RMA2 modeling to determine the changes in local circulations during operation is of the InStreem Unit. Since the exact flow rate of the InStreem Unit is not known, a range of flow rates covering the most probable flow rate provided by the vendor will be used as input to the RMA2 computer model. The numerical model results will be compared with filed measurement described in Task 1a to determine the probable flow rate of the InStreem Unit. Based on the changes in channel velocities with the InStreem in operation and grain size distribution of the bed sediment determined under Task 1, analytical analyses will be performed to evaluate potential bed scouring and sediment suspension. 1c. Meetings Three meetings with the City are anticipated for this study to discuss the work plan, prepare for the field work, coordinate the installation of the InStreem Unit and discuss findings. • Bob Stein " November 13, 2002,% Page 3 of 4 EVEREQT we SCOPE OF SERVICES — NEW Task 2 — Evaluate and Demonstrate the Use of Submerged Pumps at Newport Island Channels 2a. Strategic Planning Meet with vendors or engineers experienced in the design and installation of submerged pumps in marine environment to discuss the possibility of using submerged pumps at Newport Island Channels to improve water circulation. Develop a work plan describing the different phases of studies and design requirements to implement the installation of submerged pumps at Newport Island Channels. 2b. Site Visit and Site Mao Preparation Perform a site visit with the City engineer, local residents, and other stakeholders to identify possible locations for installation of submerged pumps. The engineer from Enartec (subconsultant to EIC) will examine each possible location to see whether it's technically feasible for the installation of a submerged pump, and the sizes of pumps that can fit into each location. Prepare a site map identifying all possible locations for pump installation that are technically feasible and acceptable to local residents and other stake holders. 2c. Feasibility Study After the site visit, Enartec will prepare a letter report to EIC identifying the schematic pumping concept and to describe appropriate type and style of pump suitable for the site. Based on the pump layout and specification, perform numerical modeling to check whether a "meaningful" improvement in water circulation and mixing can be achieved at Newport Island Channels. The numerical modeling approach and effort will be similar to those used in earlier InStreem evaluations. Task 3 — Summary Report Prepare a report summarizing the results of the InStreem demonstration study described in Task 1; as well as the objectives, methods, findings, and recommendations of the feasibility study of using submerged pumps to improve circulation at Newport Island Channels described under Task 2. • • • Bob Stein November 13, 2002 Page 4 of 4 FEE 0 0 Exhibit B We propose to provide the services described in Tasks 1 and 2 on a time and materials basis, with a final fee not -to- exceed $30,830 without prior written authorization from the City. The cost breakdown per task is shown below. TASK FEE EIC Subconsultant Total Completed Scope (Previously Invoiced) 1. InStreem Demo. Monitoring $8,300 $700 $9,000 New Scope 2. Evaluate Submerged Pumps $17,640 $5,990 $23,630 2a. Strategic Planning $1,800 $1,800 2b. Site Visit & Site Map Preparation $1,280 $1,050 $2,330 2c. Feasibility Study $14,560 $4,940 $19,500 3. Prepare Summary Report $7,200 $7,200 Total (New Scope- Tasks 2 and 3) 1 $30,830 SCHEDULE Based on our current staff utilization, we will submit a draft report within ten (10) weeks upon receiving the notice -to- proceed contingent upon the City can arrange a site visit within two weeks. Please contact me by email at ying .poon(&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. Yin�eurig Poo [i.ScrP.E� Vice President/Principal Engineer d� EVEREST E Everest International Consultants, Inc. Rate Schedule Everest International Consultants, Inc. will provide professional services at the following rates effective July 1, 2001. Staff Category Hourly Rate Principal Engineer $125 Senior Engineer II $120 Senior Engineer 1 $100 Engineer $88 Assistant Engineer $76 Staff Engineer $66 Technician /CAD Operator $56 Clerical $40 Other Direct Costs Unit Rate Plo tin Bond $1.00 /s.f. Vellums $1.50 /s.f. Mylars $2.50 /s.f. Copying /Binding 8.5 x 11 copy $0.08 /ea. 11 x 17 copy $0.25/ea. Binding (Reports) $1.50 /ea. Transportation Personal Car (Mileage) $0.34 /mile Other Project Related Expenses Other expenses are invoiced at cost without mark up. Subconsultant Services Subconsultants are invoiced at cost plus an agreed mark up. EVEREST C • ,I E • TO: Mayor and Members of the City Council FROM: Public Works Department 0 February 12, 2002 CITY COUNCIL AGENDA ITEM NO. 8 SUBJECT: WATER QUALITY CIRCULATION EVALUATIONS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. RECOMMENDATION: Approve a Professional Services Agreement with Everest International Consultants, Inc., of Long Beach, California, for Water Quality Circulation Evaluations at a contract price of $34,000, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In 2001, the City received $500,000 in grant money from the State of California's Clean Beaches Initiative (CBI). CBI allocated $35 million statewide for structural improvements and limited studies that would reduce the number of beach postings (where beach waters have exceeded State standards for three indicator bacteria) and beach closures (where health officials know or suspect a sanitary sewer overflow). A special review board, consisting of experts from local health and sanitation agencies and representatives of both the State Water Resources Control Board and Regional Boards, reviews CBI projects. The Orange County Health Care Agency's (OC HCA) Environmental Health Division tests Newoort Bav at 35 places 1xtweek for the three indicator bacteria. The Orange County Sanitation District (OCSD) tests Newport Beach's ocean beaches 5xtweek along the Balboa Peninsula and off of Corona del Mar. OC HCA tests along the shoreline from Big Corona southward as well, but 1x1week. OC HCA's testing program shows that the 43d Street, 381' Street, and 33rd Street testing areas (see the map that follows) along Newport Island within the Bay exceed State standards for bacteria so often that they are °chronically° posted as being potentially unsafe for swimming. A second area, Newport Dunes, has less chronic problems with bacteria but had frequent postings in 2000 and 2001 during prime swim season. SUBJECT: Water Quality Circulation Evaluations – Approval of Professional Services Agreement with Everest February 12, 2002 Page 2 OC HCA's Weekly Testing Locations in Newport Bay Santq Ana• elhi Channel \L ].mEOrn R"d M•m Dlk. B sego :::Salt.::•:.. ree DI . .Maixh :•.:: � :. . t :.3: y i ne { �09LL l agalrl unit it Bain ayF.r w.aa ughn's Launch Th. K.M—r ig Canyon Wash M:aal. al.ae Northsta Beach Dr aaa M•rin• �Dmm•r N•rm• � Sl,.11m.kdr IWnd IFl•Mra} �.� Drain 43 " PCa Brfap • . y Dr. Pipe hine h a e on shore ac M,E,W,N ud Sth 3 SL lwnn Yoc lub F.ra Ir.. 19th t each r. x Ave. c -gene an. Frain a t. BehA ark Ave. amet Ave. rand Canal ne.pgrl Plan �v m•m .Farr 3aphlrt ve.Abalo B vae Cp1i��' Alvarod bland - arbor Patrol Beach o bland ° TBe Isle Dal Mar Drain 31 l Pl.r N St. Beae ° Rocky PL Beach Pacific Ocean These areas both receive dry- weather runoff, have significant bird populations, and are characterized by little water exchange. Some hypothesize that the poor water exchange stagnates the water, leaving it poorly aerated and inhibiting the die-off of bacteria that typically occurs when the bacteria is exposed to sunlight. The poor circulation also may provide an environment for algal growth that is a food source for the waterfowl that can contaminate surface waters. r� U • E SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest February 12, 2002 Page 3 • A promising solution to decreasing algal growth would be to increase circulation within these water bodies. Increasing circulation from Newport Bay into these water bodies would: • Eliminate the stagnation problem by reducing the residence time • Break up stratification of water layers within the lagoon • Aerate the lagoon over the total height of the water column • Prevent algal bloom events by shortening the residence time • Promote the growth of algae eaters, e.g. rotifers, by increasing the dissolved oxygen • Control odor problems by oxidizing hydrogen sulfides in the sediments Circulation can be improved using horizontal pumps, aeration, or other types of horizontal flow - inducement systems. One promising system is a floating flow- inducement device manufactered by a company called "InStreem" that provides flow via ten discs that rotate at low speed without sharp impellers and would not endanger swimmers or aquatic life. The manufacturer has volunteered to install a demonstration unit in Newport Dunes Lagoon for a trial period. The review board for CBI has asked us to conduct a detailed flow and aeration study of the Dunes and the Newport Island channels before awarding us money for aeration- and flow - based capital improvements for these areas from the CBI grant. They have indicated that they plan to support CBI funding of the Study itself if the Study's scope analyzes a variety of alternatives so that it will be useful across the state where similar water quality problems exist. Some Council members will recall that the City reviewed a Newport Island Water Quality • Improvement Preliminary Feasibility Study in June 1999 (see Attachment B) done by Cash and Associates and Tetra Tech. That study -- which looked more at project alternatives than at hydrology and engineering -- reported that Newport Island's problems included: Nutrient Loadings Circulation Restrictions; and Elevated Temperatures Because of the specialized analysis needed for this project and because of the scrutiny it will receive by the CBI review board, there are only a few consultants in the country that have the expertise needed for this project. Everest International Consultants, Inc., (Everest) specializes in coastal, estuarial, and river design using advanced computational tools to devise constructible solutions. Everest has successfully completed similar circulation studies for other cities in Southern California, as well as the Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles. Everest was selected to propose on this project because it has local experience and could provide the required analysis within two months. We believe that the consultants fee of $34,000 is reasonable. The scope of Everests professional services (as outlined in the Professional Services Agreement — Attachment A) Will include: Newport Dunes Lagoon 1. Review and analyze existing available data including wind, currents, tides, and bathymetry. • Review water quality data to identify areas with high pollutant concentrations to help formulate effective water circulation improvement alternatives. 2. Develop a numerical model to evaluate water circulation at Newport Dunes and determine residence time. SUBJECT: Water Quality Circula *Evaluations — Approval of Professional Services Alkent with Everest February 12, 2002 Page 4 3. Recommend and evaluate alternatives that can improve water circulation at Newport Dunes including the use of mechanical devices to enhance flow, as well as modifications to existing structures (e.g. floating docks) that interfere with flow. 4. Provide recommendations for locating a demonstration flow circulation unit that Will be installed by the manufacturer. 5. Attend meetings and prepare a final report with recommendations. Newport Island Channels 1. Use a numerical model to simulate the existing flow conditions in the channels around Newport Islands and with mechanical circulation devices. Provide recommendations for locations for circulation devices. 2. Design a field program to collect flow information and assist City staff on where and how to collect field data within the Harbor. 3. Analyze collected data and compare with model results. The City would be responsible for providing bathymetric and wind data, boats, current meters, and other instruments necessary for the fieldwork, as well as personnel to conduct the fieldwork. Funds for this project are available in Account No. 7251- C51200596 (Clean Beaches Initiative Projects). Respectfully submitted, G inagi Da ve Asst. City Maf By: Robert St in, P. Project Manager Attachment A: Professional Services Agreement for Everest Attachment B: Newport Island Study (June 1999) is E 0 0 • PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS TO PROVIDE ENGINEERING SERVICES FOR WATERWAYS CIRCULATION IMPROVEMENT PROJECT THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Everest International Consultants, Inc., whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802, (hereinafter referred to as "Consultant'), 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 implement Waterways Circulation Improvement Project ( "Project'). C. City desires to engage Consultant to provide engineering services as shown in Exhibit "A" upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Dr. rng -Keung Poon. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this • Agreement. -1- 0 E 0 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 day of 2002, and shall terminate on the 31st day of December 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit W and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this • Section and the scheduled billing rates set forth in Exhibit 'B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultants compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty-four thousand dollars ($34,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. -2- C� J • 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under ConsultarWs 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 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, -3- 9 9 permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 0 expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER • 153 0 0 • Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Dr. Ying Poon to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and speck hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. B. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule shown in Exhibit "C ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 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 -5- L condition, which purportedly causes a delay, but not later than the date upon which • performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT • All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, • 0 • damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE • Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A -VII or better rating: • A. Workers compensation insurance, including "Wavier of Subrogation" clause, -7- • i covering all employees and principals of Consultant, per the laws of the State • of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wording, covering any owned and rented • vehicles of Consultant in a minimum amount of $1 million combined.single limit per accident for bodily injury and property damage. D. 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). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. • -8- E 0 • Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City; on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any • of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co-tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document • reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 Consultants deliverables under this Agreement by City or persons other than Consultant is waived as 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. E Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. • 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultants work schedule. • -10- ,s • 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow is 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. • 21. ERRORS AND OMISSIONS HE • 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project 23. CONFLICTS OF INTEREST A. 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 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 B. 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 termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and ail claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. • -12- • 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 (949) 644 -3311 Fax (949) 644 -3318 • All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Dr. Ying -Keung Poon Everest International Consultants, Inc. 444 West Ocean Boulevard Suite 1104 Long Beach, CA 90802 Phone: (562) 435 -9305 Fax: (562) 435 -9310 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the • defaulting party fails to give adequate assurance of due performance within two (2) days -13- 01 0 after receipt by defaulting parry from the other party of written notice of default, specifying • the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. • 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. • -14- 0 0 • 30. 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. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 CARD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY • Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States letters patent, -15- E trademark, or copyright infringement, including costs, contained in Consultants drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: Bv: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Mayor EVEREST INTERNATIONAL_ f:luserslpbW,sharedlagreenmtslty 01- 02leverest - waterways dreuWmon improvementdac -16- 0 • . • 0 0 • EXHIBIT "A" SCOPE OF SERVICES AND ASSUMPTIONS Task 1 — Newport Dunes Lagoon Circulation Study Task 1.1 Data Review and Analyses Review and analyze existing available data including wind, currents, tides, and bathymetry. Review water quality data to identify areas with high pollutant concentrations to help formulate effective water circulation improvement alternatives. Task 1.2 Evaluate Existing Condition The RMA2 model developed by the U.S. Army Corps of Engineers will be used to evaluate water circulation at Newport Dunes. A coarse numerical model grid covering the entire Newport Harbor and Upper Bay area will first be used to determine the changes in tidal response between the harbor entrance (ocean) and along the channel near the entrance to Newport Dunes: A finer numerical model grid incorporating detailed bathymetric features as well as other structures that may affect water circulation at Newport Dunes will then be used to evaluate detailed circulation patterns within Newport Dunes. Existing water circulation patterns at Newport Dunes will be evaluated for different tide and wind conditions. • Based on the circulation results, the residence time at Newport Dunes will be determined with a simple analytical model. The residence time will be used as the basis for evaluating the performance of circulation improvement alternatives discussed in Task 3. Task 1.3 Alternative Development and Evaluation Based on the results of Task 2, recommend and evaluate alternatives that can improve water circulations at Newport Dunes. Alternatives may include the use of mechanical devices to enhance flow at various locations within Newport Dunes, as well as modifications to existing structures (e.g. floating docks) that interfere with flows. Detailed flow circulation at Newport Dunes will be evaluated for each alternative with the RMA2 model. Potential impacts of proposed alternatives to flow around existing structures such as the footbridge and floating docks will also be addressed. The changes in residence time within Newport Dunes under each alternative will be calculated and compared with existing conditions to assess the level of improvement in circulation. Task 1.4 Meetings and Report Attend a kick -off meeting to discuss the scope of work, approach, study method, and data availability. Upon completion of the study, a draft report summarizing the approach, assumptions, methodology, and findings will be prepared. Meet with the City to discuss • the findings in the draft report and address comments from the City. Prepare a final report incorporating comments on the draft report. 0 0 Task 2 — Newport Island Channel InStream Evaluation Task 2.1 Identify Location for InStream Meet with the City to define the objective(s) for the first InStream installation along the Newport Channel. Set up the RMA2 numerical model grid to cover the entire Newport Harbor. Use the RMA2 model to define existing tidal flow conditions within the harbor under various tidal conditions. Based on the specification for the InStream unit provided by the vendor, simulate the change in flow conditions along Newport channel and other Harbor locations with the placement of the InStream unit at different locations. Based on the model results, recommend the location to install the InStream unit that would have the best chance to meet the objectives of the study. Task 2.2 Field Data Collection and Evaluation Design a field program to collect flow information with and without the InStream unit being turned on to evaluate the performance of the unit in enhance flows in the Harbor. Direct City staffs where and how to collect field data within the Harbor. Analyze collected data and compared with RMA2 numerical model results. Information gathered from the field study will be used to help °calibrate" the RMA2 model so better modeling can be performed for Newport Dunes. Assumptions 1. Bathymetry data for Newport Harbor, Upper Bay area, and Newport Dunes will be provided by the City. 2. Drawings for existing storm drains, footbridge, and floating docks are available and will be provided by the City. 3. Nearby wind data are available and will be provided by the City. 4. Boats, current meters and other instruments necessary for the field work will be provided by the City or others. 5. The City will provide personnel to conduct the field work LI • L� • • Exhibit "B" Everest International Consultants, Inc. Rate Schedule Everest International Consultants, Inc. will provide professional services at the following rates effective July 1, 2001. Name David Cannon Ying Keung Poon Margaret Lee Chimin Chian Anne Sturm San -Yu Wang Sherilyn Kimura Other Direct Costs Plotting Bond Vellums Mylars Copying /Binding 8.5 x 11 copy 11 x 17 copy Binding (Reports) Staff category Principal Engineer Principal Engineer Principal Engineer Senior Engineer 11 Senior Engineer I Engineer Staff Engineer Transportation Personal Car (Mileage) Hourly Rate $125 $125 $125 $120 $100 $88 $66 Unit Rate $1.00 1s.f. $1.50 /s.f. $2.50 /s.f. $0.08 /ea. $0.25/ea. $1.50 /ea. $0.34 /mile Other Project Retated Expenses Other expenses are invoiced at cost without mark up. Subconsultant Services Subconsultants are invoiced at cost plus an agreed mark up. EXHIBIT C Everest International Consultants, Inc. Proposed Project Schedule for Newport Harbor Circulation Improvement Study Leciend: 0 Meeting Note Schdule based on NTP received on February 13, 2002 0 • • 0 Week Task 1 2 3 4 8 8 7 8 9 2110 2/17 2124 313 3110 3N7 3124 3131 417 1. Newport Dunes Lagoon Circulation Study 1.1 Data Review and Analysis 1.2 Evaluate Existing Condition 1.3 Alternative Development and Evaluation 1.4 Meetings and Report Q Q 2. Newport Island Channel Instreem Evaluation 2.1 Identify Location for Instreem 2.2 Field Data Collection and Evaluation Leciend: 0 Meeting Note Schdule based on NTP received on February 13, 2002 0 • • 0 0 • • 0 0 Newport Is and Water Quality Improvement Pr nary Feasibility Study June 30, 1999 Prepared for: City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Prepared by: Cash & Associates 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 -1134 Tetra Tech, Inc. 348 W. Hospitality lane, Suite 300 San Bernardino, CA 92408 TC 10491 0 0 Newport Island Water Quality Improvement Preliminary Feasibility Study 1.0 Introduction — Over the past several years, residents around Newport Island and along the adjoining channels (North Channel, Rivo Alto, and the Rialto) have been concerned about water quality within the waterways. Primarily, the concerns have focused on objectionable odors, algae growth, elevated coliform counts, reduction in dissolved oxygen, and reduction of water clarity. The objective of this preliminary feasibility study is to assess water quality problems, and to identify viable alternatives that could alleviate the public concerns and improve overall water quality. The alternatives identified have been developed on a conceptual basis and are presented in this report for review by the City of Newport Beach, Public Works Department. 2.0 Problem Assessment — The project area consists of the waterways surrounding Newport Island, west of the Newport Blvd. Bridge, and is approximately 18 acres in size. With an average tidal range of 4 feet, the tidal prism is estimated at 61.3 acre-feet. This western-most water area has only one connection to the rest of Newport Bay, under the Newport Blvd. Bridge. The water is relatively shallow, with the majority of the depths ranging from 0 to 7 feet below mean lower low water (NU LW) and an average depth of about 5 feet. The majority of the dry weather and storm water runoff west of Newport Blvd., south of the Pacific Coast Hwy, and north of the beach is diverted to these channels. These flows transport contaminates, debris and other constituents that • contribute to overall water quality problems. The main causes for the decline in water quality in sheltered bodies of water can be summarized as follows: Nutrient Loading — Non -point source pollution from water runoff (both storm and dry period flows) is the major cause of water degradation. Contaminates include fertilizers, animal and pet wastes, organic debris, car wash detergents, and local water fowl droppings. These nutrients (especially phosphorous and nitrogen) enhance aquatic plant growth and cause algae blooms with the correct amount of sunlight. After plants die, they decompose along the bottom and shallow areas of the channels. This plant decomposition uses the available dissolved oxygen in the water column. This in turn begins to stress the remaining aquatic system causing. objectionable odors and reduction of water clarity. Animal and bird wastes are likely the main cause for elevated coliform levels. Circulation Restrictions — Generally, adequate flushing of a body of water will help alleviate water quality problems by diluting the nutrient concentrations, raising oxygen levels, and removing stagnant water. As a general rule for tidally- influenced bodies of water, the replacement of one -third of the available tidal prism per day should significantly help in maintaining adequate water quality. Due to the configuration of the channels surrounding Newport Island, flushing of this area is severely constricted by the • long narrow waterways and the single outlet. In addition, the numerous boat slips and anchors perpendicular and along the channel edges trap any floating debris or algae. The Newport Island Water Quality Improvement Study • narrowness of the channels and the lack of open area is not conducive to the transfer of oxygen from the air to the seawater that would be typically seen from wind -blown surface wave action. Elevated Temperatures — The shallowness of the channels with the sloping sides and the restricted circulation allow the water temperatures within the channels to increase significantly above typical ocean water temperatures. It is likely that the water temperatures within the channels are 2 to 5 degrees warmer than the ocean or the adjoining Newport Bay. This warmer environment is conducive to enhanced aquatic plant growth and subsequent decomposition. 3.0 Description of Viable Alternatives — This type of water quality problem has become common in urban areas that use embayments for the discharge of runoff. The City of San Diego had a similar problem with the back portions of Mission Bay. For several months of the year, certain portions of the bay would be closed to the public due to high levels of colifotm and general water quality degradation. After several studies, the long -term solution implemented at Mission Bay was the installation of a system where contaminated low flows (dry weather and storm related) were diverted to the local sewer system for treatment by the local publicly owned treatment works (POTW). This approach has proven effective and has significantly reduced closures of the bay. The City of Los Angeles is now taking a similar long term approach for improving the water • quality in Santa Monica Bay. Other alternatives are presented below. Alternative I — New Tidal Inlet: There have been some suggestions that constructing a new tidal inlet connecting the channels directly with the ocean would improve the water quality. The inlet would be a 80 to 100 feet wide trapezoidal channel with side slopes approaching 1- veritcal to 3- horizontal from a —4 feet MLLW to +8 feet MLLW. Constructing such an inlet, however, would be economically and environmentally infeasible. The major reasons are: • Up to 20 existing homes would need to be purchased (estimated between $5,000,000 to $10,000,000) and demolished by the City in order to construct the inlet between 42°d and 38°i Street. Additional home and business relocation costs may also be required. • The required environmental studies and report in compliance with CEQA and other environmental laws would take 1 to 2 years to prepare and cost between $500,000 to $1,000,000. • Two bridges would be necessary to maintain access along the beach; a major traffic bridge for Balboa Blvd. and a pedestrian bridge on the land side of the beach. (estimated between $2,000,000 to $4,000,000) • • The inlet would require constructing rock slopes to protect it from erosion and two major rock jetties for stabilization purposes, potentially affecting the adjoining beach. (estimated between $1,000,000 to $2,000,000) June 30, 1999 0 Newport Island Rater Quality Improvement Study 0 • • There would be some objections by environmental groups and government agencies to the discharge of seawater of marginal quality and high coliform levels near beach areas used by the public. • The tide range and current velocities would significantly increase within the channels. This could require improvements of all existing boat docks and anchorage to account for higher tides and stronger currents. The cost for constructing the inlet could easily approach and surpass $20,000,000. Therefore, several other alternatives have been developed which would be viable and more cost effective overall. These alternatives are described in the following paragraphs. Alternative 2 - Mechanical Connection to the Turnip Basin: asin• This alternative is based on discharging relatively better quality water from western area of Newport Bay (referred to as the Turning Basin) into the stagnant reaches of the channels. The system would consist of 4,800 feet of 14 -inch plastic pipe laid 2 to 3 feet under the sediment, approximately as indicated in the attached map. The inlet and pump works would be placed along the western edge of the Turning Basin in western Newport Bay and receive power from local land base sources. The system would be able to discharge up to 6.6 million gallons per day to assist in flushing the channels. The pump works would have five 20 -hp pumps that could be operated individually or concurrently, depending on the • needs for water quality improvements. The discharge points would be at the ends of the Rivo Alto channel and at the intersection of the Rialto and Rivo Alto channels. The discharged points will have diffusers to minimize local disruptions. This system allows the combination of variable flows (at optimum pump characteristics) and various discharge points. The flushing of the channels could then be fine tuned depending on the problem areas. Alternative 3 - Direct Connection to the Pacific Ocean. Instead of constructing an inlet to assist in flushing the channels, it is feasible to have a direct connection to the ocean using a series of culverts. For this feasibility study, these culverts were sized based on the assumption that there is positive hydraulic head between the ocean and the channels of at least three feet for 3 to 4 hours per day. This scenario is probable because this area of the bay would have a tidal time phase lag in high and low tides, as well as a muted tide range, due to its distance from the Newport Bay entrance channel. Additional studies in tidal characteristics and circulation would be required to confirm this assumption. However, based on this assumption, a set of three 24 -inch culverts (each at least 1,400 feet long and as shown in the attached map) could exchange up to 7.5 million gallons per day. The channel end of the culverts would have one -way valves installed that would only allow ocean water to enter the channels. Maintenance requirements for the one -way valves would include frequent inspections and cleaning to ensure proper working conditions. Alternative 4 - Solar Powered Aeration Units: Options for improving water quality other • than flushing the area include water treatment systems. This alternative uses a series of June 30,1999 0 0 Newport Island Water Quality Improvement Study . floating units that recirculate water while injecting atmospheric air in to the water column, thereby increasing the amount of dissolved oxygen. Increasing the oxygen levels will aid in maintaining water clarity and minimize odors, as well as lowering coliform numbers. The units require relatively small motors (2 to 5 hp) and inject air using a venturi injector. These systems can be powered using solar power technology, which allows them to be extremely mobile and transportable. Units could then be moved and temporarily anchored at problem areas for quick response to water quality concerns. • • Alternative 5 - Enhanced Maintenance Activities: This alternative is an approach to enhance existing operation and maintenance activities in the channels to improve water quality. It includes; 1) more frequent dredging operations to remove organic material and sediments along the channel bottoms (every 3 to 5 years), 2) installing low -flow diverters at the larger storm drains in the area, 3) physically removing aquatic growth and floating debris on a scheduled basis (2 to 4 times a month or as necessary), and 4) implementing a public education program to assist in maintaining water quality. 4.0 Analysis of Alternatives — The above alternatives are presented below in a matrix format to summarize the advantages, disadvantages, relative costs/timeframe, and maintenance parameters for each. Alternative Comparison Matrix Alternative Advantages Disadvantages +Cost/Timeframe Maintenance LNew Tidal Inlet Most flushing and Changes in tidal $20M +1 Low to Moderate circulation range/currents, 4 to 5 years enhancement, very capital No energy needs. intensive, and home relocations 2. Mechanical Ease of overall High energy needs, $750k to $1.0MI Low to Moderate Connection to the construction, Some disruption 1 to 2 years Turning Basin: Variable flushing during costt., and rates, and Dependent on Various discharge Newport Bay rots. water quality. 3. Direct No energy needs, Difficult ocean $2.OM to $3.0MI Low to Moderate Connection to the More construction, 1-5 to 3 years Pacific Ocean: environmentally High capital costs, acceptable. Addition studies are needed. 4. Solar Powered Movable units Visual and noise $500k to $750kt Moderate Aeration Units: easily to relocate, impacts, I to 2 years Low cost energy Does not help needs, and circulation, and Operates best Provides localized when most needed. improvement only. 5. Enhanced Hexibletphased Labor intensive, $150k to $200k1yr Moderate to Maintenance implementation, Part of long term Annual event High Activities. Some immediate approach, and benefit. Requires special equipment. June 30, 1999 0 0 Newport Island Water Quality Improvement Study 5.0 Recommendations — Based on a review of the alternative comparison matrix, it • is recommended that the City of Newport Beach further develop Altemative 2 (Mechanical Connection to the Turning Basin), Alternative 4 (Solar Powered Aeration Units), and Alternative 5 (Enhanced Maintenance Activities). These alternatives are considered the most viable because they can be implement quicker and are relatively more cost effective. In addition, these alternatives can be implemented in a phased approach. As an example, portions of Alternative 5 (such as the aquatic plant/debris removal and periodic dredging) may be initially implemented and their impacts monitored, with Alternative 4 and/or other portions of Alternative 5 implemented at a later date, if found necessary. is • June 30, 1999 5 G rr 010 PROFESSIONAL SERVICES AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR WATERWAYS CIRCULATION IMPROVEMENT PROJECT THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Everest International Consultants, Inc., whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802, (hereinafter referred to as "Consultant"), is made with reference to the following: RGrITAI C 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 implement Waterways Circulation Improvement Project ("Project") C. City desires to engage Consultant to provide engineering services as shown in Exhibit "A" upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Dr. Ying- Keung Poon. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: -1- 1. TERM The term of this Agreement shall commence on the day of 2002, and shall terminate on the 30th day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty-four thousand dollars ($34,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by -2- City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. STANDARD OF CARE 4.1 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 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. -3- 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Dr. Ying Poon to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be ME unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule shown in Exhibit "C". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other parry so that all delays can be addressed. 8.1 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, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. -5- 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 02 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A -VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non-contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. -7- C. Commercial auto liability and properly insurance, including additional insured and primary and non-contributory wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. 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). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either parry, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co -tenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7%) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a 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. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. -11- B. 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 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 (949) 644-3311 Fax (949) 644-3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Dr. Ying-Keung Poon Everest International Consultants, Inc. 444 West Ocean Boulevard Suite 1104 Long Beach, CA 90802 Phone: (562) 435-9305 Fax: (562) 435-9310 -12- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting parry from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting parry may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or -13- 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. 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. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. -14- 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ,.(4t.Li1m)" I'm 40 City Attorney ATTEST: By:(—/L*� City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: i f Mayor EVEREST INTERNATIONAL By: f:\users\pbw\shared\agreements\fy 01-02\everest - waterways circulation improvement.doc -15- EXHIBIT "A" SCOPE OF SERVICES AND ASSUMPTIONS Task 1 — Newport Dunes Lagoon Circulation Stud Task 1.1 Data Review and Analvses Review and analyze existing available data including wind, currents, tides, and bathymetry. Review water quality data to identify areas with high pollutant concentrations to help formulate effective water circulation improvement alternatives. Task 1.2 Evaluate Existing Condition The RMA2 model developed by the U.S. Army Corps of Engineers will be used to evaluate water circulation at Newport Dunes. A coarse numerical model grid covering the entire Newport Harbor and Upper Bay area will first be used to determine the changes in tidal response between the harbor entrance (ocean) and along the channel near the entrance to Newport Dunes. A finer numerical model grid incorporating detailed bathymetric features as well as other structures that may affect water circulation at Newport Dunes will then be used to evaluate detailed circulation patterns within Newport Dunes. Existing water circulation patterns at Newport Dunes will be evaluated for different tide and wind conditions. Based on the circulation results, the residence time at Newport Dunes will be determined with a simple analytical model. The residence time will be used as the basis for evaluating the performance of circulation improvement alternatives discussed in Task 3. Task 1.3 Alternative Development and Evaluation Based on the results of Task 2, recommend and evaluate alternatives that can improve water circulations at Newport Dunes. Alternatives may include the use of mechanical devices to enhance flow at various locations within Newport Dunes, as well as modifications to existing structures (e.g. floating docks) that interfere with flows. Detailed flow circulation at Newport Dunes will be evaluated for each alternative with the RMA2 model. Potential impacts of proposed alternatives to flow around existing structures such as the footbridge and floating docks will also be addressed. The changes in residence time within Newport Dunes under each alternative will be calculated and compared with existing conditions to assess the level of improvement in circulation. Task 1.4 Meetings and Report Attend a kick-off meeting to discuss the scope of work, approach, study method, and data availability. Upon completion of the study, a draft report summarizing the approach, assumptions, methodology, and findings will be prepared. Meet with the City to discuss the findings in the draft report and address comments from the City. Prepare a final report incorporating comments on the draft report. Task 2 — Newport Island Channel InStream Evaluation Task 2.1 Identifv Location for InStream Meet with the City to define the objective(s) for the first InStream installation along the Newport Channel. Set up the RMA2 numerical model grid to cover the entire Newport Harbor. Use the RMA2 model to define existing tidal flow conditions within the harbor under various tidal conditions. Based on the specification for the InStream unit provided by the vendor, simulate the change in flow conditions along Newport channel and other Harbor locations with the placement of the InStream unit at different locations. Based on the model results, recommend the location to install the InStream unit that would have the best chance to meet the objectives of the study. Task 2.2 Field Data Collection and Evaluation Design a field program to collect flow information with and without the InStream unit being turned on to evaluate the performance of the unit in enhance flows in the Harbor. Direct City staffs where and how to collect field data within the Harbor. Analyze collected data and compared with RMA2 numerical model results. Information gathered from the field study will be used to help "calibrate" the RMA2 model so better modeling can be performed for Newport Dunes. Assumptions 1. Bathymetry data for Newport Harbor, Upper Bay area, and Newport Dunes will be provided by the City. 2. Drawings for existing storm drains, footbridge, and floating docks are available and will be provided by the City. 3. Nearby wind data are available and will be provided by the City. 4. Boats, current meters and other instruments necessary for the field work will be provided by the City or others. 5. The City will provide personnel to conduct the field work. Exhibit "B" Everest International Consultants, Inc. Rate Schedule Everest International Consultants, Inc. will provide professional services at the following rates effective July 1, 2001. Name David Cannon Ying Keung Poon Margaret Lee Chimin Chian Anne Sturm San -Yu Wang Sherilyn Kimura Other Direct Costs Plotting Bond Vellums Mylars Copying/Binding 8.5 x 11 copy 11 x 17 copy Binding (Reports) Staff Category Principal Engineer Principal Engineer Principal Engineer Senior Engineer II Senior Engineer I Engineer Staff Engineer Transportation Personal Car (Mileage) Hourly Rate $125 $125 $125 $120 $100 $88 $66 Unit Rate $1.00/s.f. $1.50/s.f. $2.50/s.f. $0.08/ea. $0.25/ea. $1.50/ea. $0.34/mile Other Project Related Expenses Other expenses are invoiced at cost without mark up. Subconsultant Services Subconsultants are invoiced at cost plus an agreed mark up. c.� I— PA X W .a+ cn .u+ C m E O L CL E O yr V L_ U L O L c� O CL 3 d Z L d 3 V d t V cn V d O L CL d N O Q CL N O O N M r co LL c O U IL H Z c 0 O O N 7 L U 00 M M � N M ti M Y p M � M O M � N N N CDC4 N O c 0 o cc 3 > 2 > O C j W 0 W Eco c L N W to O co (� 1 C N = C N c c O U E Q C o L c o c c' > co ami J (6 +J '57<`n N t C 1 +� co O U N C m � W o cv -a U J N @� > O C L C W Q 2 C . �O LL y y Y N M N N Z .- .- .- . Z N N cu ~ V- N N O O N M r co LL c O U IL H Z c 0 O O N 7 L U Client#: r462 EVEREINTE DATE WDDNY AC®RDTM CERTIFICAT" OF LIABILITY INSUR, NCE 1/23/02) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . O . BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 _- INSURERS AFFORDING COVERAGE INSURED T `T 4NSURERA tfnited _States Fidelity & Guaranty Everest International Consultants, Inc. INSURERB: American Motorists Ins. Co. 444 W. Ocean Blvd., Suite 1 104 IANI Great American Assurance Co . Long Beach, CA 90802 --- INSURER D: 4 .. INSURER E: COVERAGES j THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS ED -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 II MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE DATE MM/DDNY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY 1 BKO 0 8 6 3 5 8 3 05/30/01_ 05/30/02 EACH OCCURRENCE I $2 , 0 0 0 _0 00 0X X COMMERCIAL GENERAL LIABILITY ! FIRE DAMAGE (Any one fire) 1$2, 00000 0 ----- CLAIMS MADEX ! OCCUR MED EXP (Any one person) 1 $ 101 0 TO PERSONAL & ADV INJURY i $2 , 000, _O0O j GENERAL AGGREGATE =s4_, 0 0 0, 0 0 0- _ PRODUCTS -COMP/OP AGG $4 , 0 0 0� 0 0 0 - - -- GEN'L AGGREGATE LIM ITAPPLIES PER: -- --I PRO- POLICY ; JECT I , LOC A AUTOMOBILE LIABILITY BKO 0 8 6 3 5 8 3 ANY AUTO 105/30/01 105/30/02 COMBINED SINGLE LIMIT $2000 000 (Ea accident) i ._ ALL OWNED AUTOS SCHEDULED AUTOS i BODILY INJURY� (Per person) $ — -- X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PPer accident) DAMAGE $ GARAGE LIABILITY ---_ j AUTO ONLY - EA ACCIDENT : $ THAN EA ACC_ $ —_ _--- AUTO ONLY: AGG j $ .' ANY AUTOOTHER EXCESS LIABILITY EACH OCCURRENCE Is AGGREGATE $ �! OCCUR CLAIMS MADE I I$ $ DEDUCTIBLE RETENTION $ I$ B WORKERS COMPENSATION AND 7 BG 1 0 6 0 4 3 0 0 EMPLOYERS' LIABILITY 05/25/01 0 5/ 2 5/ 0 2 WC STATU- H- I X iTORY LIMITS ER E.L. EACH ACCIDENT i $1 , 0 0 0, 0 0 0 E.L. DISEASE - EA EMPLOYEEI $1 , 0 0 0 , 0 0 0- E.L. DISEASE - POLICY LIMIT $1 , 0 0 0, 0 0 0 j C "OTHER Professional EDN3209457 05/30/01 05/30/021$1,000,000 Per Claim !Liability i I ! I $1,000,000 Annual P_ggr i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Numerical Model of Circulation Study City of Newport Beach, its officers, agents, officials, employees, and volunteers are Additional Insured as respects to General and Auto Liability. Primary and Non -Contributing coverage applies to GL & AL. Waiver (See Attached Descriptions) CERTIFICATE HOLDER j ; ADDITIONAL INSURED; INSURER LETTER: CANGELLATION 'fen L)ay Not -ice Lor Non- avmen SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ]}i4>X�r�E13�_ DAYS WRITTEN Public Works Dept. NOTICETOTHECERTIFICATE HOLDERNAMEDTOTHELEFT,T_DQ1;�XDW)VA�MDLX 3300 Newport Blvd. Newport Beach, CA 92658-8915 139X9EKXDUnMXXXXX REPRESENT ACORD 25-S (7/97) 1 o f ? ftM r n-� n ti K © ACORD CORPORATION 1988 DESCI-,1PTIONS (Continued from PL,,.� 1) of Subrogation for Work Comp is included. (AI/PR/AI-AU/SUB/X) AMS 25.3(07/97) 2 of 2 #M60306 Policy Number: BKO0863583 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 1/23/02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Newport Beach Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92658-8915 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name of Person or Organization Continued: its officers, agents, officials, employees, and volunteers PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CL/BF 22 40 03 95 llcemplm. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/25/01 Policy No. 7BG10604300 Endorsement No. Insured EVEREST INTERNATIONAL CONSULTANTS, INC. Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY , , Countersigned by �Uy u 1 ) V1_L SCHEDULE Person or Organization jab Description ANYONE FOR WHOM THE NAMED INSURED HAS AGREED TO FURNISH THIS WAIVER MINIMUM PREMIUM: $100 THE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED AT AUDIT. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers compensation premium otherwise due on such remuneration. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. RIN-31-2002 THU 12:47 PN FAX N0. P. 01 (: CAL-SURANCE California Insurance License 0256292 COMMERCIAL DEPARTMENT FAX COVER SHEET DATE: January 31, 2002 TIME: 11:59 AM Total No. of Pages Including Cover (7) TO FROM FAX NO.: (949)644-3318 FAX NO.: (714) 939-1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: 714/ 940-6828 E-MAIL: ciames@calsurance.com RE: Everest International Dear Shauna: Enclosed is the checked certificate on Everest International. Please note that all requirements have been met. If you have any questions, please do not hesitate to call. Thank you, Celia James 333 City Boulevard West, Orange, CA 92888 • P.O. Box 7048, Orange, CA 92863-7048 • 714.939-0800 • 714-939-1654 JAN -31-2002 THU 12:47 PH FAX N0, P. 02 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: OI a910,q DEPARTMENT/CONTACT RECEIVED FROM:--ddl/L219, DATE COMPLETED: D ✓�/ 0 SENT T0:_ �f1� 4L BY COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: &Wd &/lll�%� ` I. GENERAL LIABILITY: A. INSURANCE COMPANY: US B. AM BEST RATING (A VII or greater): flVXV C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Yes '/ No D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? 19, noamo E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is rt inc dluTed? Yes ✓ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes ✓ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ✓ No H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes No -z— I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: ugFgD B. AM BEST RATING (A VII or greater):C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteors). Is it included? Yes ►/ Na F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes ✓ No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION: A. INSURANCE COMPANY: B. AM BEST RATING (A VTI or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes, No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ✓ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? February 12, 2002 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: WATER QUALITY CIRCULATION EVALUATIONS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. RECOMMENDATION: Approve a Professional Services Agreement with Everest International Consultants, Inc., of Long Beach, California, for Water Quality Circulation Evaluations at a contract price of $34,000, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In 2001, the City received $500,000 in grant money from the State of California's Clean Beaches Initiative (CBI). CBI allocated $35 million statewide for structural improvements and limited studies that would reduce the number of beach postings (where beach waters have exceeded State standards for three indicator bacteria) and beach closures (where health officials know or suspect a sanitary sewer overflow). A special review board, consisting of experts from local health and sanitation agencies and representatives of both the State Water Resources Control Board and Regional Boards, reviews CBI projects. The Orange County Health Care Agency's (OC HCA) Environmental Health Division tests Newport Bay at 35 places 1x/week for the three indicator bacteria. The Orange County Sanitation District (OCSD) tests Newport Beach's ocean beaches 5x/week along the Balboa Peninsula and off of Corona del Mar. OC HCA tests along the shoreline from Big Corona southward as well, but 1 x/week. OC HCA's testing program shows that the 43d Street, 38'" Street, and 33rd Street testing areas (see the map that follows) along Newport Island within the Bay exceed State standards for bacteria so often that they are "chronically" posted as being potentially unsafe for swimming. A second area, Newport Dunes, has less chronic problems with bacteria but had frequent postings in 2000 and 2001 during prime swim season. SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest February 12, 2002 Page 2 OC HCXs Weekly Testing Locations in Newport Bay SanfilAnal,belhi Channel \, ]ember.. Reed �7 ( Main Dike B J...: 3: �r ne I �-Dn,t 1 amm upper bland Re N.,.w M:dale U1. De now pV .r it seem Launch ,Canyon Wash Ceateveya /' - �� lv5 //�v Menne -� l�`L'9J5'-1V Shellmsker lalend (Plemed) s Drain " PCa Bridge h P a oa sl ua St. slam aelboe P.oinaM. th 't. Be N. .rt Pier aey blend arbor Sa Wend Alvarado TBe Isle Belbee Pier Pacific Ocean Dr. Pipe M,E,W,N Ave' VX T ark Ave. re' �Cmnd Canal B hla Corinthian �e.Abalo five. arbor Patrol Beach Corona Del Mar Drain `St. Beach— iRocky Pt. Beach These areas both receive ary- weather runoff, have slgniticant biro populations, ana are characterized by little water exchange. Some hypothesize that the poor water exchange stagnates the water, leaving it poorly aerated and inhibiting the die -off of bacteria that typically occurs when the bacteria is exposed to sunlight. The poor circulation also may provide an environment for algal growth that is a food source for the waterfowl that can contaminate surface waters. SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest February 12, 2002 Page 3 A promising solution to decreasing algal growth would be to increase circulation within these water bodies. Increasing circulation from Newport Bay into these water bodies would: • Eliminate the stagnation problem by reducing the residence time • Break up stratification of water layers within the lagoon • Aerate the lagoon over the total height of the water column • Prevent algal bloom events by shortening the residence time • Promote the growth of algae eaters, e.g. rotifers, by increasing the dissolved oxygen • Control odor problems by oxidizing hydrogen sulfides in the sediments Circulation can be improved using horizontal pumps, aeration, or other types of horizontal flow - inducement systems. One promising system is a floating flow- inducement device manufactered by a company called "InStreem" that provides flow via ten discs that rotate at low speed without sharp impellers and would not endanger swimmers or aquatic life. The manufacturer has volunteered to install a demonstration unit in Newport Dunes Lagoon for a trial period. The review board for CBI has asked us to conduct a detailed flow and aeration study of the Dunes and the Newport Island channels before awarding us money for aeration- and flow - based capital improvements for these areas from the CBI grant. They have indicated that they plan to support CBI funding of the Study itself if the Study's scope analyzes a variety of alternatives so that it will be useful across the state where similar water quality problems exist. Some Council members will recall that the City reviewed a Newport Island Water Quality Improvement Preliminary Feasibility Study in June 1999 (see Attachment B) done by Cash and Associates and Tetra Tech. That study -- which looked more at project alternatives than at hydrology and engineering -- reported that Newport Island's problems included: • Nutrient Loadings • Circulation Restrictions; and • Elevated Temperatures Because of the specialized analysis needed for this project and because of the scrutiny it will receive by the CBI review board, there are only a few consultants in the country that have the expertise needed for this project. Everest International Consultants, Inc., (Everest) specializes in coastal, estuarial, and river design using advanced computational tools to devise constructible solutions. Everest has successfully completed similar circulation studies for other cities in Southern California, as well as the Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles. Everest was selected to propose on this project because it has local experience and could provide the required analysis within two months. We believe that the consultant's fee of $34,000 is reasonable. The scope of Everest's professional services (as outlined in the Professional Services Agreement -- Attachment A) will include: Newport Dunes Lagoon 1. Review and analyze existing available data including wind, currents, tides, and bathymetry. Review water quality data to identify areas with high pollutant concentrations to help formulate effective water circulation improvement alternatives. 2. Develop a numerical model to evaluate water circulation at Newport Dunes and determine residence time. SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest February 12, 2002 Page 4 3. Recommend and evaluate alternatives that can improve water circulation at Newport Dunes including the use of mechanical devices to enhance flow, as well as modifications to existing structures (e.g. floating docks) that interfere with flow. 4. Provide recommendations for locating a demonstration flow circulation unit that will be installed by the manufacturer. 5. Attend meetings and prepare a final report with recommendations. Newport Island Channels 1. Use a numerical model to simulate the existing flow conditions in the channels around Newport Islands and with mechanical circulation devices. Provide recommendations for locations for circulation devices. 2. Design a field program to collect flow information and assist City staff on where and how to collect field data within the Harbor. 3. Analyze collected data and compare with model results. The City would be responsible for providing bathymetric and wind data, boats, current meters, and other instruments necessary for the fieldwork, as well as personnel to conduct the fieldwork. Funds for this project are available in Account No. 7251 - 051200596 (Clean Beaches Initiative Projects). Respectfully submitted, Dave , Asst. City Managdf By 4St in, P. . Project Manager Attachment A: Professional Services Agreement for Everest Attachment B: Newport Island Study (June 1999) PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS TO PROVIDE ENGINEERING SERVICES FOR WATERWAYS CIRCULATION IMPROVEMENT PROJECT THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Everest International Consultants, Inc., whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802, (hereinafter referred to as "Consultant"), 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 implement Waterways Circulation Improvement Project ( "Project "). C. City desires to engage Consultant to provide engineering services as shown in Exhibit "A" upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Dr. Ying -Keung Poon. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1- 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 day of 2002, and shall terminate on the 31st day of December 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of thirty-four thousand dollars ($34,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. -2- 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultants 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 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, -3- permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER 12 Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Dr. Ying Poon to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule shown in Exhibit "C ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 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 -5- condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's AM I or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, -7- covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wonting, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. 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). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either parry, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. 10 Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint - venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection In with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -10- 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS -11- 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a 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. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -12- 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Dr. Ying -Keung Poon Everest International Consultants, Inc. 444 West Ocean Boulevard Suite 1104 Long Beach, CA 90802 Phone: (562) 435 -9305 Fax: (562) 435 -9310 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days -13- after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -14- 30. 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. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, -15- trademark, or copyright infringement, including costs, contained in Consultants drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor EVEREST INTERNATIONAL M- f1usersVbw%sharedlegreementsVy 01- OZeverest- waterways circulation improvement.doc -16- EXHIBIT "A" SCOPE OF SERVICES AND ASSUMPTIONS Task 1 — Newoort Dunes Lagoon Circulation Stud Task 1.1 Data Review and Analvses Review and analyze existing available data including wind, currents, tides, and bathymetry. Review water quality data to identify areas with high pollutant concentrations to help formulate effective water circulation improvement alternatives. Task 1.2 Evaluate Existing Condition The RMA2 model developed by the U.S. Army Corps of Engineers will be used to evaluate water circulation at Newport Dunes. A coarse numerical model grid covering the entire Newport Harbor and Upper Bay area will first be used to determine the changes in tidal response between the harbor entrance (ocean) and along the channel near the entrance to Newport Dunes. A finer numerical model grid incorporating detailed bathymetric features as well as other structures that may affect water circulation at Newport Dunes will then be used to evaluate detailed circulation patterns within Newport Dunes. Existing water circulation patterns at Newport Dunes will be evaluated for different tide and wind conditions. Based on the circulation results, the residence time at Newport Dunes will be determined with a simple analytical model. The residence time will be used as the basis for evaluating the performance of circulation improvement alternatives discussed in Task 3. Task 1.3 Alternative Development and Evaluation Based on the results of Task 2, recommend and evaluate alternatives that can improve water circulations at Newport Dunes. Alternatives may include the use of mechanical devices to enhance flow at various locations within Newport Dunes, as well as modifications to existing structures (e.g. floating docks) that interfere with flows. Detailed flow circulation at Newport Dunes will be evaluated for each alternative with the RMA2 model. Potential impacts of proposed alternatives to flow around existing structures such as the footbridge and floating docks will also be addressed. The changes in residence time within Newport Dunes under each alternative will be calculated and compared with existing conditions to assess the level of improvement in circulation. Task 1.4 Meetinos and Report Attend a kick -off meeting to discuss the scope of work, approach, study method, and data availability. Upon completion of the study, a draft report summarizing the approach, assumptions, methodology, and findings will be prepared. Meet with the City to discuss the findings in the draft report and address comments from the City. Prepare a final report incorporating comments on the draft report. Task 2 — Newuort Island Channel InStream Evaluation Task 2.1 Identifv Location for InStream Meet with the City to define the objective(s) for the first InStream installation along the Newport Channel. Set up the RMA2 numerical model grid to cover the entire Newport Harbor. Use the RMA2 model to define existing tidal flow conditions within the harbor under various tidal conditions. Based on the specification for the InStream unit provided by the vendor, simulate the change in flow conditions along Newport channel and other Harbor locations with the placement of the InStream unit at different locations. Based on the model results, recommend the location to install the InStream unit that would have the best chance to meet the objectives of the study. Task 2.2 Field Data Collection and Evaluation Design a field program to collect flow information with and without the InStream unit being turned on to evaluate the performance of the unit in enhance flows in the Harbor. Direct City staffs where and how to collect field data within the Harbor. Analyze collected data and compared with RMA2 numerical model results. Information gathered from the field study will be used to help "calibrate" the RMA2 model so better modeling can be performed for Newport Dunes. Assumptions 1. Bathymetry data for Newport Harbor, Upper Bay area, and Newport Dunes will be provided by the City. 2. Drawings for existing storm drains, footbridge, and floating docks are available and will be provided by the City. 3. Nearby wind data are available and will be provided by the City. 4. Boats, current meters and other instruments necessary for the field work will be provided by the City or others. 5. The City will provide personnel to conduct the field work. Exhibit "B" Everest International Consultants, Inc. Rate Schedule Everest International Consultants, Inc. will provide professional services at the following rates effective July 1, 2001. Name David Cannon Ying Keung Poon Margaret Lee Chimin Chian Anne Sturm San -Yu Wang Sherilyn Kimura Other Direct Costs Plottina Bond Vellums Mylars Copying /Binding 8.5 x 11 copy 11 x 17 copy Binding (Reports) Staff cateaory Principal Engineer Principal Engineer Principal Engineer Senior Engineer II Senior Engineer I Engineer Staff Engineer Transportation Personal Car (Mileage) Hourly Rate $125 $125 $125 $120 $100 $88 $66 Unit Rate $1.00 /s.f. $1.50 /s.f. $2.50 /s.f. $0.08 /ea. $0.25/ea. $1.50 /ea. $0.34 /mile Other Project Related Expenses Other expenses are invoiced at cost without mark up. Subconsultant Services Subconsultants are invoiced at cost plus an agreed mark up. z' as x w ci c w C lC N C O v l0 C O w m C L w C w N V W a w C d d L CL _E c O m L U L O .Q L l0 t Q O. 3 N Z L w m 7 a d t V N V d O a a 0 CL c �o -1l ZI N O N co c m 3 LL c 0 a U m N Z O N N N 3 L U co E2 M n v N t+! n t0 .Y p a� f'1 N N n N 04 N � N O c O 7 ca 7 y > a s O > W w co _ A c E h C o (U m U c c c o ° E c o Q U oo_ °o. o °- 0rn c 0) o > d m c O aU W J N 3 X c L U U U d ?� W N N o co W C C� O 7 1 W Q p, v LL y N co 'T .1L Z N N l6 c �o -1l ZI N O N co c m 3 LL c 0 a U m N Z O N N N 3 L U Newport Is and Water Quality Improvement Pr nary Feasibility Study June 30, 1999 Prepared for. City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Prepared by. Cash & Associates 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 -1134 Tetra Tech, Inc. 348 W. Hospitality lane, Suite 300 San Bernardino, CA 92408 TC 10491 Newport Island Water Quality Improvement Preliminary Feasibility Study 1.0 Introduction — Over the past several years, residents around Newport Island and along the adjoining channels (North Channel, Rivo Alto, and the Rialto) have been concerned about water quality within the waterways. Primarily, the concerns have focused on objectionable odors, algae growth, elevated coliform counts, reduction in dissolved oxygen, and reduction of water clarity. The objective of this preliminary feasibility study is to assess water quality problems, and to identify viable alternatives that could alleviate the public concerns and improve overall water quality. The alternatives identified have been developed on a conceptual basis and are presented in this report for review by the City of Newport Beach, Public Works Department. 2.0 Problem Assessment — The project area consists of the waterways surrounding Newport Island, west of the Newport Blvd. Bridge, and is approximately 18 acres in size. With an average tidal range of 4 feet, the tidal prism is estimated at 61.3 acre-feet. This western -most water area has only one connection to the rest of Newport Bay, under the Newport Blvd. Bridge. The water is relatively shallow, with the majority of the depths ranging from 0 to 7 feet below mean lower low water (NILLW) and an average depth of about 5 feet. The majority of the dry weather and storm water runoff west of Newport Blvd., south of the Pacific Coast Hwy, and north of the beach is diverted to these channels. These flows transport contaminates, debris and other constituents that contribute to overall water quality problems. The main causes for the decline in water quality in sheltered bodies of water can be summarized as follows: Nutrient Loading — Non -point source pollution from water runoff (both storm and dry period flows) is the major cause of water degradation. Contaminates include fertilizers, animal and pet wastes, organic debris, car wash detergents, and local water fowl droppings. These nutrients (especially phosphorous and nitrogen) enhance aquatic plant growth and cause algae blooms with the correct amount of sunlight. After plants die, they decompose along the bottom and shallow areas of the channels. This plant decomposition uses the available dissolved oxygen in the water column. This in turn begins to stress the remaining aquatic system causing objectionable odors and reduction of water clarity. Animal and bird wastes are likely the main cause for elevated coliform levels. Circulation Restrictions — Generally, adequate flushing of a body of water will help alleviate water quality problems by diluting the nutrient concentrations, raising oxygen levels, and removing stagnant water. As a general rule for tidally- influenced bodies of water, the replacement of one -third of the available tidal prism per day should significantly help in maintaining adequate water quality. Due to the configuration of the channels surrounding Newport Island, flushing of this area is severely constricted by the long narrow waterways and the single outlet. In addition, the numerous boat slips and anchors perpendicular and along the channel edges trap any floating debris or algae. The Newport Island Water Quality Improvement Study narrowness of the channels and the lack of open area is not conducive to the transfer of oxygen from the air to the seawater that would be typically seen from wind -blown surface wave action. Elevated Temperatures — The shallowness of the channels with the sloping sides and the restricted circulation allow the water temperatures within the channels to increase significantly above typical ocean water temperatures. It is likely that the water temperatures within the channels are 2 to 5 degrees warmer than the ocean or the adjoining Newport Bay. This warmer environment is conducive to enhanced aquatic plant growth and subsequent decomposition. 3.0 Description of Viable Alternatives — This type of water quality problem has become common in urban areas that use embayments for the discharge of runoff. The City of San Diego had a similar problem with the back portions of Mission Bay. For several months of the year, certain portions of the bay would be closed to the public due to high levels of coliform and general water quality degradation. After several studies, the long -term solution implemented at Mission Bay was the installation of a system where contaminated low flows (dry weather and storm related) were diverted to the local sewer system for treatment by the local publicly owned treatment works (POTW). This approach has proven effective and has significantly reduced closures of the bay. The City of Los Angeles is now taking a similar long term approach for improving the water quality in Santa Monica Bay. Other alternatives are presented below. Alternative I —New Tidal Inlet: There have been some suggestions that constructing a new tidal inlet connecting the channels directly with the ocean would improve the water quality. The inlet would be a 80 to 100 feet wide trapezoidal channel with side slopes approaching 1- veritcal to 3- horizontal from a —4 feet MLLW to +8 feet MLLW. Constructing such an inlet, however, would be economically and environmentally infeasible. The major reasons are: • Up to 20 existing homes would need to be purchased (estimated between $5,000,000 to $10,000,000) and demolished by the City in order to construct the inlet between 42nd and 38th Street. Additional home and business relocation costs may also be required. • The required environmental studies and report in compliance with CEQA and other environmental laws would take 1 to 2 years to prepare and cost between $500,000 to $1,000,000. • Two bridges would be necessary to maintain access along the beach; a major traffic bridge for Balboa Blvd. and a pedestrian bridge on the land side of the beach. (estimated between $2,000,000 to $4,000,000) • The inlet would require constructing rock slopes to protect it from erosion and two major rock jetties for stabilization purposes, potentially affecting the adjoining beach. (estimated between $1,000,000 to $2,000,000) June 30, 1999 Newport Island Water Quality Improvement Study • There would be some objections by environmental groups and government agencies to the discharge of seawater of marginal quality and high coliform levels near beach areas used by the public. • The tide range and current velocities would significantly increase within the channels. This could require improvements of all existing boat docks and anchorage to account for higher tides and stronger currents. The cost for constructing the inlet could easily approach and surpass $20,000,000. Therefore, several other alternatives have been developed which would be viable and more cost effective overall. These alternatives are described in the following paragraphs. Alternative 2 - Mechanical Connection to the Turning Basin: This alternative is based on discharging relatively better quality water from western area of Newport Bay (referred to as the Turning Basin) into the stagnant reaches of the channels. The system would consist of 4,800 feet of 14 -inch plastic pipe laid 2 to 3 feet under the sediment, approximately as indicated in the attached map. The inlet and pump works would be placed along the western edge of the Turning Basin in western Newport Bay and receive power from local land base sources. The system would be able to discharge up to 6.6 million gallons per day to assist in flushing the channels. The pump works would have five 20 -hp pumps that could be operated individually or concurrently, depending on the needs for water quality improvements. The discharge points would be at the ends of the Rivo Alto channel and at the intersection of the Rialto and Rivo Alto channels. The discharged points will have diffusers to minimize local disruptions. This system allows the combination of variable flows (at optimum pump characteristics) and various discharge points. The flushing of the channels could then be fine tuned depending on the problem areas. Alternative 3 - Direct Connection to the Pacific Ocean: Instead of constructing an inlet to assist in flushing the channels, it is feasible to have a direct connection to the ocean using a series of culverts. For this feasibility study, these culverts were sized based on the assumption that there is positive hydraulic head between the ocean and the channels of at least three feet for 3 to 4 hours per day. This scenario is probable because this area of the bay would have a tidal time phase lag in high and low tides, as well as a muted tide range, due to its distance from the Newport Bay entrance channel. Additional studies in tidal characteristics and circulation would be required to confirm this assumption. However, based on this assumption, a set of three 24 -inch culverts (each at least 1,400 feet long and as shown in the attached map) could exchange up to 7.5 million gallons per day. The channel end of the culverts would have one -way valves installed that would only allow ocean water to enter the channels. Maintenance requirements for the one -way valves would include frequent inspections and cleaning to ensure proper working conditions. Alternative 4 - Solar Powered Aeration Units: Options for improving water quality other than flushing the area include water treatment systems. This alternative uses a series of June 30. 1999 Newport Island Water Quality Improvement Study floating units that recirculate water while injecting atmospheric air in to the water column, thereby increasing the amount of dissolved oxygen. Increasing the oxygen levels will aid in maintaining water clarity and minimize odors, as well as lowering colifotm numbers. The units require relatively small motors (2 to 5 hp) and inject air using a venturi injector. These systems can be powered using solar power technology, which allows them to be extremely mobile and transportable. Units could then be moved and temporarily anchored at problem areas for quick response to water quality concerns. Alternative 5 -Enhanced Maintenance Activities: This alternative is an approach to enhance existing operation and maintenance activities in the channels to improve water quality. It includes; 1) more frequent dredging operations to remove organic material and sediments along the channel bottoms (every 3 to 5 years), 2) installing low -flow diverters at the larger storm drains in the area, 3) physically removing aquatic growth and floating debris on a scheduled basis (2 to 4 times a month or as necessary), and 4) implementing a public education program to assist in maintaining water quality. 4.0 Analysis of Alternatives — The above alternatives are presented below in a matrix format to summarize the advantages, disadvantages, relative costs /timeframe, and maintenance parameters for each. Alternative Comparison Matrix 'Alternative Advantages Disadvantages ,Cost/Timeframe Maintenance LNew Tidal Inlet Most flushing and Changes in tidal $20M +1 Low to Moderate circulation range/currents, 4 to 5 years enhancement, very capital No energy needs. intensive, and home relocations 2. Mechanical Ease of overall High energy needs, $750k to $I.OMI Low to Moderate Connection to the construction, Some disruption 1 to 2 years Turning Basin: Variable flushing during const., and rates, and Dependent on Various discharge Newport Bay points. water quality. 3. Direct No energy needs, Difficult ocean $2.OM to $3.OM/ Low to Moderate Connection to the More construction, 1.5 to 3 years Pacific Ocean: environmentally High capital costs, acceptable. Addition studies are needed. 4. Solar Powered Movable units Visual and noise $500k to $750k/ Moderate Aeration Units: easily to relocate, impacts, 1 to 2 years Low cost energy Does not help needs, and circulation, and Operates best Provides localized when most needed. improvement only. 5. Enhanced Flexible/phased Labor intensive, $150k to $200k/yr Moderate to Maintenance implementation, Part of long term Annual event High Activities: Some immediate approach, and benefit. Requires special equipment. June 30. 1999 Newport Island Water Quality Improvement Study 5.0 Recommendations — Based on a review of the alternative comparison matrix, it is recommended that the City of Newport Beach further develop Alternative 2 (Mechanical Connection to the Turning Basin), Alternative 4 (Solar Powered Aeration Units), and Alternative 5 (Enhanced Maintenance Activities). These alternatives are considered the most viable because they can be implement quicker and are relatively more cost effective. In addition, these alternatives can be implemented in a phased approach. As an example, portions of Alternative 5 (such as the aquatic plant/debris removal and periodic dredging) may be initially implemented and their impacts monitored, with Alternative 4 and/or other portions of Alternative 5 implemented at a later date, if found necessary. June 30, 1999 a `ti . 1