HomeMy WebLinkAboutC-3758 - PSA; Newport Coast Groundwater Seepage Study0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH TODD ENGINEERS, INC.
FOR NEWPORT COAST GROUNDWATER SEEPAGE STUDY
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this Rkthday of Aarc�j 2006, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
TODD ENGINEERS, INC., a California corporation, whose principal place of business is
2200 Powell Street, Suite 225, Emeryville, California, 94608, (hereinafter referred to as
"Consultant'), is made with reference to the following:
RECITALS
A. On March 8, 2005, City and Consultant entered into a Professional Services
Agreement (hereinafter referred to as "Agreement") under which Consultant was
hired to provide groundwater and pollution monitoring services for the Newport
Coast Groundwater Seepage Study, hereinafter referred to as the "Project." The
original scope of professional services included studying the source of the
groundwater seepage, and documenting the quality and quantity of the seepage.
B. In working with the Regional Water Quality Control Board (Water Quality Board)
on the groundwater seepage project, the Board place additional requirements on
the City, including preparation of a Quality Assurance Project Plan (QAPP).
Additionally, the Board requested that nitrates, phosphate, isotopes of oxygen
and nitrogen, and other analytes be sampled and analyzed.
C. City desires to enter into this Amendment No. 1 to pay Consultant for performing
these additional services, which were not included in the original Agreement.
City also desires to extend the term of the Agreement to December 30, 2006.
D. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 1," as provided herein below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall be compensated for the services detailed in the 'Request for
Change Order: Newport Coast Groundwater Seepage Study," attached hereto
as "Exhibit A" and incorporated in full by this reference.
2. Total additional compensation to Consultant pursuant to this Amendment No. 1
for all work performed in accordance with this Amendment, including all
reimbursable items and subconsultant fees, shall not exceed Seventeen
Thousand and Five Hundred Dollars ($17,500.00).
3. The term of the Agreement shall be extended to December 30, 2006.
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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.
APPROVED AS TO FORM:
A&,-- c - 4(-5;�
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: 62 66t.,
LaVonne Harkless,
City Clerk
Attachment:
CITY OF NEWPO BEACH,
A Mu ' rp o ion
By:
Don Webb, Mayor
for the City of Newport Beach
TODD ENGINEERS, INC.
By:
(Corporate Officer
Title: /' .1-A
Print Name: le;.r A�r/a
By: ?!— .
(Financial Officer)
Title: ,&. *
Print Name: l✓?r A;S- 4/e
Exhibit A — Letter from Iris Priestaf, President of Todd Engineers, to
Robert Stein, dated March 9, 2006
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TODD ENGINEERS
Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
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EXHIBIT A
2200 Powell Street Suite 225
Emeryville, CA 94608
(510) 595 -2120
March 9, 2006
Re: Request for Change Order, Newport Coast Groundwater Seepage Study
Dear Mr. Stein,
We respectfully request your consideration in increasing the budget for the Groundwater
Seepage Study by $17,500 to cover unanticipated work as summarized below.
1) Preparation and revision of the QAPP in response to RWQCB
comments.
Thank you for your consideration. Please do not hesitate to call if you have questions or
comments.
Sincerely yours,
TODD ENGINEERS
Iris Priestaf, President
Hours
Dollars
Priestaf
4.25
$660
Motzer
27
$4,050
Abbott
27
$3,780
Gaites
13
$910
Boutefeu
8
$600
$10,000
2) Additional sampling
and analysis requested by the RWQCB.
Hours
Dollars
Priestaf
6
$940
Motzer
40
$6,000
Gaites
8
$560
Analytical Lab
$561
$7,500
Thank you for your consideration. Please do not hesitate to call if you have questions or
comments.
Sincerely yours,
TODD ENGINEERS
Iris Priestaf, President
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
c3vloo -?�O
C -3958
Agenda Item No. 9
March 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Public Works Department '
Robert Stein
949 -644 -3311 or rstein @city.newport- beach.ca.us
SUBJECT: NEWPORT COAST GROUNDWATER SEEPAGE STUDY —
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH TODD ENGINEERS
RECOMMENDATION:
Approve Amendment No. 1 to the Professional Services Agreement with Todd
Engineers of Emeryville, California for groundwater sampling and analysis services.
DISCUSSION:
Todd Engineers was hired last year to do a preliminary investigation on sources of
groundwater that have been observed exfiltrating in Buck Gully, along Coast Highway
from Corona del Mar to Newport Coast Road, and in Crystal Cove State Park. The
original scope of professional services included studying the source and setting of the
groundwater seepage, estimating quantity, and documenting the quantity with
conventional documentation as well as state -of- the -art isotopic fingerprinting to
differentiate seepage sources.
In working with the Regional Water Quality Control Board (Board) to further define the
scope of the work, the Board placed additional requirements including preparation of a
Quality Assurance Project Plan (QAPP) for the groundwater seepage work even though
a QAPP is usually only required for surface flow monitoring. Additionally, the Board
requested that nitrates, phosphate, isotopes of oxygen and nitrogen, and other analytes
be sampled and analyzed. The additional cost for these tasks is $17,500. Todd
Engineers' proposal is included as Attachment 2.
Environmental Review:
All tasks fall under the Information Gathering class of projects and are therefore
categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306.
'i606
Newport Coast Groundwater Seeps y — Amendment No. 7 to Professional Services Anent with Todd Engineers
March 28, 2006
Page 2
Funding Availability:
This year's Capital Improvements Program budget includes a project for Newport Coast
Groundwater Source Identification. There are sufficient funds available in the following
account for the project:
Account Description Account Number Amount
General Fund 7012- C5100810 $17,500
are Submitted by:
Bob Stein, P.E. _epfiginpA5adum
Principal Engineer Publi orks Director
Attachments: 1. Amendment No. 1 to the Professional Services Agreement
2. Proposal by Todd Engineers dated March 9, 2006
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A_ MENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH TODD ENGINEERS, INC.
FOR NEWPORT COAST GROUNDWATER SEEPAGE STUDY
THIS. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2006, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
TODD ENGINEERS, INC., a California corporation, whose principal place of business is
2200 Powell Street, Suite 225, Emeryville, California, 94608, (hereinafter referred to as
"Consultant "), is made with reference to the following:
RECITALS
A. On March 8, 2005, City and Consultant entered into a Professional Services
Agreement (hereinafter referred to as "Agreement ") under which Consultant was
hired to provide groundwater and pollution monitoring services for the Newport
Coast Groundwater Seepage Study, hereinafter referred to as the "Project." The
original scope of professional services included studying the source of the
groundwater seepage, and documenting the quality and quantity of the seepage.
B. In working with the Regional Water Quality Control Board (Water Quality Board)
on the groundwater seepage project, the Board place additional requirements on
the City, including preparation of a Quality Assurance Project Plan (QAPP).
Additionally, the Board requested that nitrates, phosphate, isotopes of oxygen
and nitrogen, and other analytes be sampled and analyzed.
C. City desires to enter into this Amendment No. 1 to pay Consultant for performing
these additional services, which were not included in the original Agreement.
City also desires to extend the term of the Agreement to December 30, 2006.
D. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 1," as provided herein below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall be compensated for the services detailed in the "Request for
Change Order: Newport Coast Groundwater Seepage Study," attached hereto
as "Exhibit A" and incorporated in full by this reference.
2. Total additional compensation to Consultant pursuant to this Amendment No. 1
for all work performed in accordance with this Amendment, including all
reimbursable items and subconsultant fees, shall not exceed Seventeen
Thousand and Five Hundred Dollars ($17,500.00).
The term of the Agreement shall be extended to December 30, 2006.
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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.
APPROVED AS TO ff FORM:
cam.
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachment:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Don Webb, Mayor
for the City of Newport Beach
TODD ENGINEERS, INC.
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Exhibit A — Letter from Iris Priestaf, President of Todd Engineers, to
Robert Stein, dated March 9, 2006
f :%users\pbMsharedlagreementslfy 05- 06ltodd- groundwater seepage study -amend 1.doc
F
4.
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TODD ENGINEERS
Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
EXHIBIT A
2200 Powell Street Suite 225
Emeryville, CA 94608
(510) 595 -2120
March 9, 2006
Re: Request for Change Order, Newport Coast Groundwater Seepage Study
Dear Mr. Stein,
We respectfully request your consideration in increasing the budget for the Groundwater
Seepage Study by $17,500 to cover unanticipated work as summarized below.
1) Preparation and revision of the QAPP in response to RWQCB
comments.
Thank you for your consideration. Please do not hesitate to call if you have questions or
comments.
Sincerely yours,
TODD ENGINEERS
Iris Priest4 President
Hours
Dollars
Priestaf
4.25
$660
Motzer
27
$4,050
Abbott
27
$3,780
Gaites
13
$910
Boutefeu
8
$600
$10,000
2) Additional sampling and analysis requested by the RWQCB.
Hours
Dollars
Priestaf
6
$940
Motzer
40
$6,000
Gaites
8
$560
Analytical Lab
$561
$7,500
Thank you for your consideration. Please do not hesitate to call if you have questions or
comments.
Sincerely yours,
TODD ENGINEERS
Iris Priest4 President
• 0 c -3767
PROFESSIONAL SERVICES AGREEMENT WITH
TODD ENGINEERS
FOR NEWPORT COAST GROUNDWATER SEEPAGE STUDY
THIS AGREEMENT is made and entered into as of this day of
2005, by and between the CITY OF NEWPORT BE CH, a Municipal Corporation
( "City "), and TODD ENGINEERS, a corporation whose address is 2200 Powell Street,
Suite 225, Emeryville, CA 94608 -1809, California, ( "Consultant "), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to perform a Groundwater Seepage Study in the oceanside area
from Buck Gully to Los Trancos.
C. City desires to engage Consultant to study the source and setting of the
seepage, estimate the quantity, and document the quantity with conventional
documentation as well as state -of -the art isotopic fingerprinting to differentiate
seepage sources. ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal membe of Consuttant for purposes of Project shall be leis Priestaf,
PhD, President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this.Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31s' day of December, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Eighty Nine Thousand Eight Hundred Forty Two Dollars and no /100
($89,842.00).without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Iris Priestaf to be
its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
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design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. . INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Regurrements.
_Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
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iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each.insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely /Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents ".), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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G.
Additional insurance. Consultant shall also procure and
maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and
prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents ".), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
8
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data; City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared -by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained, in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
9
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
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.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
10
0 •
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949- 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Iris Priestaf, PhD, President
Todd Engineers
2200 Powell Street, Suite 225
Emeryville, CA 94608 -1809
Phone: 510 - 595 -2120
Fax: 510 - 595 -2112
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
11
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BE ,
A Municipal oratio
By:
City Attorney of tvr Mayo
for the City of Newport Beach for the City of Newport ach
ATTEST: ;<<�� �;- TODD ENGINEERS:
By Yl r� ( /�/ . ��d g� By:
LaVonne Harkless, Irisl5riestaf
City Clerk President
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
Todd Engineers
Emeryville, CA
with
Rivertech, Inc., and Terrell Watt, AICP, Planning Consultant
SCOPE OF WORK
Task 1. Research
1.1 Kickoff Meeting. We will organize and participate in a kickoff meeting in Newport Beach to
discuss the scope and availability of data This will be an opportunity to acquire as much
information as possible and visit the study area.
1.2 Acquire and Review Data. We will provide the following information:
• Regional hydrology, geology, and soils reports
• Topographic maps
• Rainfall and evapotranspiration information
• Information on wells (if any); we will contact the Department of Water Resources
(DWR) for water well drillers reports
• Online DWR or USGS monitoring well data and DHS water quality data (if any)
• Buck Gully Dry Weather Flow Rate and Quality Measurements prepared by Rivertech
Inc. for the Irvine Ranch Water District (1RWD) in 2004
• Dry Weather Flow Measurements, Buck Gully and Los Trancos Creeks prepared by
Rivertech Inc. for the Irvine Community Development Company in 2000
• Master Drainage and Runoff Management Plan prepared by Rivertech Inc. for The Irvine
Company in 1989 and 1990
• PowerPoint presentation on Buck Gully Headcutting Investigation by Rivertech Inc.
prepared for the Orange County Coastkeeper
• Stabilization, Hydrologic and Hydraulic Analyses of Morning Canyon prepared by
Rivertech for the City of Newport Beach in 2002
Water Quality Monitoring Program of Pelican Hills Golf Course by Rivertech Inc. for
The Irvine Company (4 -year program)
• Dr. Richard Ford's research on Pelican Hill Golf Course Monitoring Program.
' Exhibit A
Todd Engineers 2/25/2005
The City of Newport Beach will assist in acquiring the following information:
• Land use data, preferably in Geographic Information Systems (GIS) format, including
timing of developments
• GIS data on topography, watersheds, and drainage, including storm drain system layout
• Geotechnical studies and landslide maps, including the geotechnical and soils
investigation reports prepared by Leighton & Associates for Newport Coast Planned
Community for The Irvine Company.
• Historical aerial photographs and imagery
• Data on water demands and import quantities to the watershed study areas, including
potable water and recycled water
• Data on water import quality
• Information on potable water and recycled water sources, storage and conveyance
systems
• Drainage and watershed studies, County hydrology manual,
• Relevant planning documents and environmental impact reports
• Information on water demand and use (inside residential and outside landscaping use)
• Newport Coast Watershed Program Proposition 13 Grant Proposal and related documents
• IRWD Quality Assurance Project Plan (QAPP) for Buck Gully
• Orange County Health Care Agency weekly bacterial monitoring
• Buck Gully /Corona Beach Bioregional Watershed Management Program by Orange
County CoastKeepers
• Dudek and Associates biological survey
• Hydrology and Hydraulics and Stabilization Studies of Buck Gully by WRC for the City
of Newport Beach
• Dr. Richard Ford's research on Crystal Cove.
1.3 Define Study Area Setting. We will define the study area and relevant physical setting for
assessment of groundwater seepage in terms of climate, geography and land use, soils, and
geology. Surface water and groundwater will be described in terms of quantity and quality. We
will describe the hydrogeologic setting (aquifers), groundwater levels and flow, any known trends
in groundwater development and levels, and groundwater quality. We will prepare cross - sections
parallel and perpendicular to the coast to show the topographic and hydrogeologic features.
Discussion of climatic conditions will provide a historical context for development of seeps over
time and will address variations in rainfall as a potential contributor (or not) to seepage problems.
The description of the study area will also include land uses and the water, wastewater, and storm
drainage systems. Based on available reports, we will identify important environmental resources
that may be affected by seepage, including relevant areas of special biological significance and
sensitive habitats.
7
Todd Engineers 2/25/2005
1.4 Define Seepage Areas. We will use available information including sequential aerial photos
to define seepage areas with the objectives of 1) selecting sites for Task 2 Field Investigation and
2) helping assess upstream/uphill sources. We will review of available information/reports and
interviews with selected citizens and City and State Park staff. The City will help to identify
interviewees. We will indicate major seepage areas on the watershed map.
1.5 Water Balance. We will prepare water balances with and without development to evaluate
the amounts and pathways affecting groundwater. This pathway will include documentation of
irrigated areas, application rates, and irrigation efficiencies to estimate percolation to
groundwater. Irrigated areas will be defined through application of GIS, namely overlaying GIS
land use layers (assessor's parcels, land use planning designations and densities) on a GIS
watershed boundary map.
We will prepare these water balances on a watershed basis and even sub - watershed basis, if
needed and if data are available. The water balances also will account for effects of paving and
building, which reduces direct rainfall recharge; for this analysis, we will estimate the area of the
watersheds that have been rendered impervious. Information on storm runoff routing, retention,
and discharge also will be reviewed. We will also identify unlined holding ponds and evaluate
the percolation to groundwater. Percolation to groundwater from leaking pipelines is probably
minimal, given the recent development of the area. However, we will address the potential with
City staff.
1.6 Deliverable. At the end of Task 1, we will prepare a brief technical memorandum that
provides a list of references, a brief synopsis of Task 1 work, and specific recommendations for
the Task 2 Field Investigation.
Task 2. Field Investigation and Sample Analysis
2.1 Monitoring Events. The field investigation will include two monitoring events involving
location and description of major groundwater seeps and springs in the five study area
watersheds, evaluation of flow in the canyons, and collection of water samples with subsequent
analysis. Sampling events are dependant upon the cessation of the excessive precipitation
occurring in the area, because we need to sample groundwater rather than surface water runoff
from high rainfall events.
The first field event will involve two days of reconnaissance and monitoring. This will include a
survey along the beach/cliff front and up the canyons. We will identify major seep locations and
observe stream flow at selected sites. Each seep and site will be located with our GPS, staked for
further reference, photographed and described. We will describe, estimate or measure the flow of
major seeps and measure or estimate flow in canyon streams at the selected sites. Selected
potential sources (e.g., holding ponds), major groundwater seeps, and each stream also will be
sampled; for the purposes of costing, we assume a total of 15 samples. The second field event
will focus on evaluation of flow and water source sampling.
The initial event will collect samples to determine nitrate, and phosphate. If sufficient
concentrations exist, then we will follow up with stable isotope samples for nitrogen and oxygen
in dissolved nitrate. If sufficient concentrations of these constituents are not present (possibly
because of dilution from recent rainfall) then only oxygen - hydrogen (deuterium) isotopes
Todd Engineers
1Y ® 1
2/25/2005
analysis will be conducted. Microbiological and bacterial DNA analysis is an option and would
be recommended only if initial analysis suggests that such contaminants are present. All
monitoring, sampling, and analysis will be in accordance with the project's Quality Assurance
Project Plan (QAPP), which is based on California State Water Resources Control Board Surface
Ambient Monitoring Program (SWAMP).
2.2 Analysis of Constituents. We will submit the samples to a California Department of Health
Services (DHS) certified laboratory for the following constituents:
Nitrate + nitrite (as NO3)
Nitrate + nitrite (as N\
Phosphate (P042) (assumed as P)
We will also analyze for the isotopic species presented in Table 1 as part of the short-term
isotope sampling program. The analytical method, general analytical precision, minimum sample
size, and sampling considerations are also listed. One significant consideration in sampling is the
sample volume. For most of the recommended analyses, sample quantities are not large;
however; for nitrogen and oxygen isotope analysis of dissolved nitrate; the sample quantities
may be large when nitrate concentrations are low; as in surface water flows and in seep water
potentially diluted by recent precipitation. A brief description of each of the identified
parameters, techniques for analyzing results, and the types of information that each can provide
are discussed below.
'fable 1
Summary of Recommended Isotope Analyses
IRMS = Isotope Ratio Mass Spectrornetry
Pt = plastic
HDPE = high density polyethylene
PP = polypropylene
Pp =field preservative
Reference: Clark, J.D. and Fritz, P., 1997, Environmental Isotoaes in.Hydrogeology: Lewis Publishers, New York, NY, 328 p.
4
aae`r`
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f"Gen
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s »�
ts5am Ip�e�,S�.,''u-
j it a149ea ure ensand z".`�o
e
5....a..
n',�11.'Iethox�ilVtrurmummReyu
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C.sysi�"alife
n`
�rr' a~ .
Water - Oxygen- Hydrogen (Deuterium) Isotopes
i s0
IRMS (CO,
equil)
10.1 %o
10 ML; 250 mL preferable
Pl bottle preferably HDPE or
Pl' with tight sealing cap
1 n
2H
$ (D)
Zn.
±1 %.
10 mL; 250. mL preferable
PI bottle preferably HDPE or
1 yr
reduction to HZ
PP with tieht sealing cap
Nitrate (NO3-) - Nitrogen and Oxygen Isotopes
I5N
Converted to N,
_ IRMS
t0 2�0
4 mg NT
25 mg NO3 required
Fp Acid to pH 2 with HCl; do
not use Na -azide or HNO3
3 months
If NQ,- 20 -25 mg/L: 1.0 L HO
If NO3 10 -12.5 mg/L: 2.0 L H20
M O
IRMS (comb. to
p
�OS /n.
If NO, 1...0 to 1.25 me /L: 3.0 L
Fp Acid to pH 2 with HCl, do
3 months
COz )
.
ower concentrations may
H O z � y
not use Na -azide or HNO3
require resin cartridge)
IRMS = Isotope Ratio Mass Spectrornetry
Pt = plastic
HDPE = high density polyethylene
PP = polypropylene
Pp =field preservative
Reference: Clark, J.D. and Fritz, P., 1997, Environmental Isotoaes in.Hydrogeology: Lewis Publishers, New York, NY, 328 p.
4
Todd Engineers
Water - Oxygen - Hydrogen (Deuterium) Isotopes
2/25/2005
Delta (6) Oxygen -18 (180) concentrations versus the SD will be plotted on a local Meteoric Water
Line (MWL) to determine possible water sources. The local MWL will be determined from
precipitation analyses published in the literature and from a web -based calculator. Water samples
collected from different sources (i.e., imported irrigation water, evaporation ponds, groundwater,
and stream water) should show unique signatures and possible deviations from the local MWL.
These will be used to determine if seepage water has distinct source signatures.
Nitrogen (815N„it t.) and Oxygen (818OoitratJ Isotopes in Dissolved Nitrate (NO3'
Nitrogen and oxygen isotopes in dissolved nitrate will be used to identify nitrate sources and
possible nitrogen fate in vadose zone soils and within groundwater. Nitrogen and oxygen
isotopes will be plotted on a variation diagram to determine and illustrate source types (e.g.,
nitrogen fertilizer, wastewater, nitrate in soil, etc.).
Task 3. Evaluation and Report
3.1 Evaluation of Data. In this task, we will combine the Task 1 and 2 findings to define the
links between potential sources (landscape irrigation, holding ponds, etc.) and the seepage areas.
We will apply the water balance from Task 1 to reveal the quantities of new inflows to
groundwater on a watershed basis. We will also use GIS information on land use, coupled with
watershed maps and our maps of seepage sites, to define links between source areas and seepage
areas. We will assume initially that groundwater flows do not cross major watershed divides;
however, initial review of the geology indicates a bedrock setting characterized by generally
northwest - trending contacts, folds, faults, and fractures that cross watershed divides. These may
result in groundwater flow that transgresses watershed boundaries. We will be on the lookout for
anomalies that indicate such geologic influences on groundwater flow. We will also apply the
water quality sampling and analysis to support fingerprinting of potential sources and definition
of direct links from source areas to seepage areas.
3.2 Report. We will prepare a brief report that describes the study area setting for seepage in the
study area, presents our evaluation of the seepage problem including sources and seepage areas,
and provides specific recommendations for the subsequent monitoring program, including
recommendations for siting, design and installation of up to ten groundwater monitoring wells.
The text of the report will be concise and readable and accompanied with suitable tables and
graphics. In addition, we will provide data in appendices, as needed.
We will provide the City with a draft report for review and comments. For the purposes of
costing, we assume submittal of three copies of the draft report. We will address City comments
on the draft and subsequently submit a final report, also in three bound copies plus one electronic
copy.
3.3 Meeting. We will organize and participate in one formal meeting in Newport Beach to
present the study to City staff and discuss next steps.
Todd Engineers
Task 4. Permit Applications
2/25/2005
4.1 Discussion with Agencies. We will organize and participate in discussions with
representatives of jurisdictional agencies to present the proposed project, solicit their comments
on the scope, and determine permitting requirements. We will contact local involved agencies
including Orange County Health Care Agency (well permitting) and State agencies including
State Parks (Crystal Cove), Department of Water Resources, State Water Resources Control
Board, Regional Water Quality Control Board and the Coastal Commission, among others. To
the extent possible, we will minimize meetings through use of email and telephone
communication. The involved agencies and their respective roles will be summarized briefly in
the Task 3 report.
4.2 Permit Applications. We will prepare and submit the permit applications, for example, a
well drilling permit and permit from the Coastal Commission.
Task 5. Mitigated Negative Declaration
The proposed monitoring program is not likely to have significant and-unavoidable impacts, and
in our experience, installation of monitoring wells can be accomplished with minimal
disturbance. The methodology, findings, and recommendations of the initial study/Negative
Declaration will be documented in detail, so that the responsible and trustee agencies and the
interested public can understand the reasoning behind findings of insignificance before or after
mitigation. If a mitigated negative declaration is warranted, the document will include mitigation
measures necessary to reduce any potentially significant imparts to less than significant. A
scoping session and early outreach to responsible and trustee agencies will assist us in preparing
CEQA documents that are responsive to agency issues and concerns and do not require
modification and recirculation.
SCHEDULE
Assuming authorization to proceed on March 8, 2005, the schedule includes the following
milestones:
• Kickoff Meeting week of March 14, 2005
• Research (4 working weeks): March 17 to April 15, 2005
• Field Investigation and Laboratory Analyses (11 working weeks). This task is dependant
upon weather conditions and the cessation of precipitation. Completion of seepage sampling
is estimated for June 1, 2005, with analytical data return no later than July 15, 2005.
• Submittal of Report (15 working weeks): September 16, 2005
• Submittal of Final Report: within 2 weeks of receipt of comments from the City
• Permit Applications (185 days): November 21, 2005
• Mitigated Negative Declaration (5 working weeks): October 21, 2005
6
Todd Engineers
2/25/2005
This schedule assumes no delays beyond our control, including unforeseen delays in receipt of
data or input from the City of Newport Beach, weather- related delays affecting field
investigation and sampling, and delays from the analytical laboratory.
BUDGET
The budget is summarized the following spreadsheet. As indicated, the not -to- exceed budget is
$84;965. We will not exceed this budget without prior written authorization by the City of
Newport Beach.
C
Cost Estimate
NEWPORT BEACH GROUNDWATER SEEPAGE STUDY
City of Newport Beach
m
x
s
rt
W
Notes
` Assumes a maximum of 15 water samples, including source water samples; field conditions and Initial analyses (e.g.. not detected) may warrant fewer samples. Todd Englneem will prepare
sample protocols.
1. Nitrate (nitrate + nitrite as NOs and nitrate+ Write as N) and phosphate (PO y as P) analyses by Zymax Laboratory.
2. Oxygen -18 and Deuterium Isotopes In water by Zymax Isotope Laboratory. -
3. Oxygen -18 and Nitrogen -15 isotopes in nitrate (NO 3) analysis by Zymax Isotope laboratory.
Todd Engineers
Priestaf
Motzer
Abbott
Crews
Drafting
Administrative
Expenses
TASK
Clerical
Outside ITravel
Subcontractor/
Total
TOTALS
Hrs
$155Ihr
His
$1507hr
Hrs
$1401hr
Hrs
$BOlhr
Hrs
$75/hr
$701hr
and
BY TASK
HIS
Re roductlon
Laboratories
Expenses
Notes
1. Research
60
$9,300
24
$3,600
0
$0
90
$7,200
4
$300
3
$210
$735
$1,1611
$1,895
$22,50
$2,180
$2,180
$2,180
2a. Field Investigation
0
$0
40
$6,000
0
$0
30
$2,400
(1
$0
- 5
$350
$2,475
$3,600
$6,075
$14,82
2b. Sample Analysis ":
$0
3
$450
$0
$450
Nitrate (N%)
$0
$0
$0
$0
$0
$0
$0
$2,920
1
$2,92C
$2,920
Phosphate (PC),)
$0
$0
$0
$0
$0
$0
$0
$1,460
1
$1,460
$1,460
O -1Band Deuterium in H2O
$0
$0
$0
$0
$0
$0
$0
$1,535
2
$1,53
$1,53
0.18 and N -15 in NOS-
$0
$0
$0
$0
$0
$0
$0
$6,110
3
$6,110
$6,11
3. Evaluation and Report
50
$7,750
20
$3,000
16
$2,240
20
$1,600
40
$3.00
3
$210
$720
$0
$720
$18,520
$2,622
$2,622
$2,622
4. Permit Applications
0
$0
8
$1,200
16
$2,240
0
$0
0
$0
0
$0
$445
$9,250
$9,695
$13,13
S. Mitigated Negative
0
$0
0
$0
0
$0
0
$0
0
$0
2
$140
$0
$3,440
$3,440
$3,580
Declaration
TOTAL
110
$17,05
95
$14,2
32
$4,48
140
$11,200
44
$3,300
13
$910
$4,375
$34,284
$38,65
580.64
m
x
s
rt
W
Notes
` Assumes a maximum of 15 water samples, including source water samples; field conditions and Initial analyses (e.g.. not detected) may warrant fewer samples. Todd Englneem will prepare
sample protocols.
1. Nitrate (nitrate + nitrite as NOs and nitrate+ Write as N) and phosphate (PO y as P) analyses by Zymax Laboratory.
2. Oxygen -18 and Deuterium Isotopes In water by Zymax Isotope Laboratory. -
3. Oxygen -18 and Nitrogen -15 isotopes in nitrate (NO 3) analysis by Zymax Isotope laboratory.
Todd Engineers
02FEB ..25.20053;12: ::00PM;5075TdDD ENGINEERS
r
MCWWORTERLANGE N0.894 Pr%R2aGE 02
WJ4 •Nr.' —nJN� i1. u',N, N.4 n11•,n .I A01 IIYH,,.In u } •J 1.I y • '
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vpohueER MCWHORTER /LANGE /WIR DINGER THIS CAPTTIFICATE�IS ISSUED AS A MATTIER OF INFORMATION
LICENCE N010605169 ONLY AMP CONFERS NO RIGHTS UPON THE OERTiFICATE
HOLDRR. THIS CERTIFICATE DOES NOT 11EI IIII) OR
ALTER THE COVEPNGi AFFORDND R!Y THE POLIC168 BELOW,
DALY' CITY CA 94015 COMPANIES AFFORDING COVERAGE
(650) 756 -4948 COMPANY
A FIREMAN' S FUNS INSU?WCE COMPANY
IRBDpPD
DAVID KEITH TODD CONSULTING
=YPANY
9 REPUBLIC INDEMNITY COMPANY
ENGINEERS
WMPANY
C
EMERYVILLE CA 94608
( 10) 595 -2112
COMPANY
D
a<a^ TOM rY ,sf ill ' „ , o-
I,nar,�ANf,l:I;i.,�a'j»f AyN:d le«: �J�. r.: M:. AUI `%si.;`nl��ykPn'G'sAC:x• -i.a,� �E1l: cl �V' 7�. M.,:.,, LA,,, Yk'...:.' r�'., dA, thy,." 3i1)a41 ^�u�;i�a�IKgwi' ?'r ^C•�I, �7 {�r•FY SI
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAT BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS,
OtCLUBIONS AND CONDITIONS OF SUCH POLICIES, LIMITS. SHOWN MAY HAVE bt5N REDUCED BY PAID CLARE.
TYPR OR IMSDgARCE
PORJLq pYN8611
DATE{Mal( E
PATE MOrM
UYITS
A
OiNaAA1.
LIABILITY
OENERAL AOORROATE
135 000, 000
X
COMM9RGALGmalq L1aim
CWMS MADE xOCCUR
AZC 8057 .527
05/19/04
D5/19/05
PRODUCTS, COMPIOPA00
I a 000, DOD
PBRa'GNALSAOVINJURY
151, 000 000
OWNERS s CONTRACTORS PROT
EACH OCCUPRENCE
S1,000,000
RRH DAMAGE I" Ong Nr j
S 10Q 000
MED C%P.Un Ong wlmn)
9 10,000
I
A
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ANY AUTO
AZC 80571527
05/19/04
()5/19/0.5
COMGINMSINOLEUMfT
51,000,.000
BODILY INJURY
(Pot paponl
6
A" MNED MUMS
ECHEPJLED AUTOS
HIRED AUTO)
NON'DWNEO AUTOS
X
OODILY INJURY
{Per gOAltlantl
b
X
PROPERTY OAMA05
s
oARAOE
LIAPICIFf
AUTO ONLY, EA ACCIDENT
s
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/
/
/ /
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02.8668 -10 07/01/0.4
'
07/01/05
X EfATUTOFTT LIMITS
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61 ,000, 000
OIOEABE • POLILY LIMIT
$ I ' 000,000
OISEA9E • EACH CMPLOYEE
61 E 0 0 0 0 0 0
OFPN:m ARE: I EXCL
I
OT"U'I CANCFLLATTOM
NOW REPORTIN
(CONT.) 30 DAY NOT CE
OF PAYROLL, IN W£T C£i/
EX EP
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FOR NONP
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YMENT OF PREMRUM OR
ROTICE SHALL APPLY.
ol80RIPTIaN OF oPEpATIONOILOCATfb"NpIlaLF& SPACIAL ITEMS
RE: NEWPORT COAST GROUNDWATER SEEPAGE STUDY
FORM CG 10 10 93 WAIVER OF SUBROGATION FOR WORKERS COMPENSATION, FORM
WC306 10493
. �s.. '�TS°ib` id: >.i "d�ix Y�K[ :`s: �,�ihol #i:j 'i.:TI�M ni ll':``-' r?"�itif
�... tv.^5.`wS. �•.� S't�I.:nJf.'�Ir�:G... n�..l�aiu: S.Ia.r�+� ".�.,
CITY OFI I�TEW POP�T REACH
PVBLTC WORKS DEPT.
�STTN ; ROSERa^ STESN, P . $ .
33OD NEWPORT BLVD.
.fr' �' iinYniei5,• 1". i,.` iYp' yt' pf "':4.'i "I•ili'1"i::'. ^iL ^,nfi •:w+$v.: ", �'a.'e.S�..:<.;
��. = fpro:,d1'vsi'.rt.,li Pa.. �tt�5�0\ URI $P�%a'nM:�Y1ip.��11c:S�,�Zi'Mi: �u.YtI415i�I .; ,.� < ^.:
9NOYCD ANY aF THE AAOVE DE50141890 .POLICIES !E CANCELLED BIPOR6 THE
E7PIruT PN oAT9 THEREOF TRF 1901 IN0 ODWARY WILL SgpTypBd=tO MAIL
�Q 04Y5 wp ROTIOE To F CE FICATE Nt! DO NAIAEV To THU LEFT;
yB,y
NEWPORT Bc^,ACId CA 9266.3
A4 IYSD ¢ABP ENT
.A :WVILYII �k.n3i{J!Il d!yu.�l.J'ot EC�,`Wi T}l'I,d,'r1�IPtln�lll4✓AM i��'3l6'T,4Irk^TI��+'i^h
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..3'v'5:`9> wiP.aH� ''�Y TllwSv''iL`�,"SilF�lxL4x#i�' �/.g:tIYTAIdEa'
03/22/2005 02:43 650756469,1 MCWHORTERLANGE . PAGE 03
POLICY NUMBER AZC 60571527
COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY,
PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF NEWPORT BEACH, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS. ,
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) 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 on going operations.
Performed for that insured.
PRIMARY INSURANCE:
IT 1S UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND OTHER
INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY
AND NOT CONTRIBUTING WITH THIS INSURANCE. "
CG 20 10 10 93
Cg 1093.doc2.doc/ 2000 ma
Insurance Services Office, Inc. 1992
03/22/2005 02:43 650756469 MCWHORTERLANGE PAGE 04
do 0 WC040306
WORKERS' COMPENSAIION AND EMPLOYERS' LIABILITY POLICY (Ed • 414)
Waiver of Our Right to Recover From Others Endorsement - California
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 w.
You must maintain payroll records accurately segregating the remuneration of your emPtoyeea while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 5.00%ofthe Califomit workers` compensation Premium
otherwise due on such remuneration.
Person or Orgaoltation
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92663
Schedule
Job Desetiptiou
NEWPORT COAST GROUNDWATER
SEEPAGE-STUDY
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
Republic SI6ndemnity Company of California
Company No. Insured: DAVID KEITH TODD CONSULTING ENGINEERS
Policy Number. 0 2 866 8— 10
Endorsement Number. 0 2
Endorsement Effective: 2/22/05 Printed on: 2/22/05
1 Form No. WC306 10193
1111111 IIIU illll lilll Illl) IIIII Itlll lllil llli llil Producer Copy 111111111111111111111 III1i 1111111111111 11111i1t
2/22/2005 Tillie: 4:09 PM TO: ® 19496443311
1- 510-452-2193
sinrolr
Page: 001 -001
e CERTIFICATE OF LIABILITY
INSURANCE
2122;05°""
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton &Associates
P. O. Box 12675
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604 -2675
510465-3090
INSURERS AFFORDING COVERAGE
INSURED
INSURER P: Greenwich insurance Company
David Keith Todd Consulting Engineers,
dba: Todd Engineers
2200 Powell Street, Suite 225
- Emeryville, CA 94608
INSURER B:
INSURER C:
INSU
PERSONAL 8 ADV INJURY
INSU R
On VLCAMPq
THE POLICIES OF INSURANCE ANY REQUIREMENT, TERM ORSCONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT Mtn E07 YD �H�}1YTHIS CERTIFICATE I MAY T EO ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSTHR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EY jFFFD
Cil
pQ�
�AW
yof Newpor
,...k... 4
41 Ll1LiinL IAMRB
GENERALLIABSJTY
COMMERCIAL GENERAL LAB ILRY
CLAIMS MADE ❑ OCCUR
RRENCE
$
FIRE DAMAGE (My orre(im)
$
MED EXP (Any one Parson)
$
PERSONAL 8 ADV INJURY
$
GENERALAGGREGATE
$
GEN'L AGGREGATE LIMITAPFL ES PER
POLICY PRO- 7 LOC
JECT
PRODUCTS - COMWOP AGO
E
AUTOMOBILE
LMBIL TY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMB
(Ee acudent)
E
BODILY INJURY
(Par Parsm)
$
BODILY INJURY
(Perac dent)
$
PROPERTY DAMAGE
(Peraoadera)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - FA ACCIDENT
S
OTHERTHAN EA ACC
AUTO ONLY: AGO
S
$
EXCESS LIABILITY
OCCUR r-1 CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
S
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTM-
E.L.EACH ACCIDENT
$
E.L DISEASE -EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A
OTHER Professional
iability
PECO01525301
10/27/04
10127/05
$1,000,000 per claim
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONSILOCATION5N 1CLE91EXCLUS11ONS ADDED BYENDORSEMENT PECIALPROVISIONS
PROJECT 043501, City of Newport Beach.
City of Newport Beach
Public Works Dept.
3300 Newport Blvd.
Newport Beach, CA 92663
SHOULDANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TOMAIL3D— DAYSWRDTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFALURE TO DO 30 SHALL
IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERITS AGENTS OR
AGO RD 25S (7197)1 . of 1 OM114520 MNN o AGO NO GUNrUKAIJUN JB6d
r 02 05 09:30aj)�� �i P.1
Fax #: `� 1- G_ i0 7 `/ 3 3 1 J
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: C - C) Dept, /Contact. Received From:
RR, ,
Date Completed: i' ? G' Sent to: By.
Company /Person required to have certificate: 11 L- G -,7'1 7T G d A� F.q Sid / -b rier
I. GENERAL LIABILITY r
A. INSURANCE COMPANY: C o� ,iCi
B. AM BEST RATING (A: VII or greater):
i
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? �es ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided? 'l (CC, �c //1 + 'l Ci L
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? E Yes ❑ wo
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and.volunteers): Is it included?- o')) 5�" J R'Yes El No
G. PRIMARY.& NON - CONTRIBUTORY WORDING (Must be included):
Is it included? tYes ❑ 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
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.
H. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: F, f` C.ryyf n'S 1`Lix14
B. AM BEST RATING (A: VII or greater): } X V
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? J „-1
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ❑ Yes 'EfNo
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): / �u
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: /2 k pct %1 % C— ] rtide-, .2 ` fV
B. AM BEST RATING (A: VII or greater):
C. LIMITS: Statutory �r
D. WAIVER OF SUBROGATION (To include): Is it included? !
l �Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ErNo ,
r , , A . —
;A> , 2005
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C -3151
Agenda Item No. 7
March 8, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public. Works Department
Robert Stein
949 - 644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: NEWPORT COAST GROUNDWATER SEEPAGE STUDY- APPROVAL
OF PROFESSIONAL SERVICES AGREEMENT WITH TODD
ENGINEERS — CONTRACT NO. 3758
RECOMMENDATION:
Approve a Professional Services Agreement with Todd Engineers of Emeryville,
California, for performing a groundwater seepage study at a contract price of $89,842
and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
In the past decade, seepage of water, along with new stands of willows and other flora
that require a constant source of water, have been observed in Buck Gully, along Coast
Highway from Corona del Mar to Newport Coast Road, and in Crystal Cove State Park.
It is suspected that this seepage is due to groundwater exfiltration. The City is
interested in curbing summer flows to Buck Gully, Morning Canyon and the Pelican
Point Canyons (see the attached figure). This project will preliminarily assess the
magnitude and potential source areas of perched flows or groundwater flows in this
area. The results of this assessment will help focus the City's nuisance -flow reduction
program and may lead to a larger groundwater monitoring program involving monitoring
wells.
Seven firms were invited to submit proposals to study the source of groundwater
seepages in the oceanside area from Buck Gully to Los Trancos, including the
watersheds of Buck Gully, Morning Canyon, and the Pelican Point creeks. The
following four firms responded to the City's request for proposals:
• BV Engineering
• DMC Engineering
• Miller- Brooks Environmental, Inc.
• Todd Engineers
SUBJECT: Newport Coast G�Water Seepage — Approval of Professional Servio�reement with Todd Engineers
March 8, 2005
Page 2
The proposals were independently reviewed by City staff to evaluate each firm's
qualifications, past experience on similar projects, and availability before ranking Todd
Engineers the highest. Upon selection, staff negotiated with Todd Engineers to provide
the necessary scope of services for a fee of $89,842. Todd Engineers is a consulting
firm specializing in groundwater studies and was founded by Dr. David Keith Todd, an
internationally recognized expert in groundwater hydrology. Todd Engineers has
recently completed a groundwater study for the Friends of Newport Beach and a
groundwater,study.for the.Stinson Beach.County. Water District which is similar in scope
and size.
The scope of Todd Engineers professional services will include studying the source and
setting of the groundwater seepage, estimating quantity, and documenting the quantity
with conventional documentation as well as state-of- -the -art isotopic fingerprinting to
differentiate seepage sources.
Funding Availability:
Funds for this project are available in the following account:
Account Description Account Number Amount
Contributions 7251- C5100779 $89,842.00
Environmental Review:
This project falls under the Information Gathering class of projects and is therefore
categorically exempt per CEQA Guidelines, Article 19, Section 15306.
Prepared by: Submitted
Robert Stein, P.E. St en G. Badum
Principal Engineer / lic Works Director
Attachment: Exhibit
Professional Services Agreement
0
PROFESSIONAL SERVICES AGREEMENT WITH
TODD ENGINEERS
FOR NEWPORT COAST GROUNDWATER SEEPAGE STUDY
THIS AGREEMENT is made and entered into as of this day of
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and TODD ENGINEERS, a corporation whose address is 2200 Powell Street,
Suite 225, Emeryville, CA 94608 -1809, California, ( "Consultant"), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to perform a Groundwater Seepage Study in the oceanside area
from Buck Gully to Los Trancos.
C. City desires to engage Consultant to study the source and setting of the
seepage, estimate the quantity, and document the quantity with conventional
documentation as well as state -of -the art isotopic fingerprinting to differentiate
seepage sources. ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal membe of Consultant for purposes of Project shall be Iris Priestaf,
PhD, President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previousl experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the December day of 31, 2005, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
0 0
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes-beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Eighty Nine Thousand Eight Hundred Forty Two Dollars and no /100
($89,842.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
2
0 0
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
S. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Iris Prietstaf to be
its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
3
0 0
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities orfacilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects (if the
ld
10.
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12.
13.
9
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and/or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work
Project Administrator and <
interest in the work to be
Consultant on the Project.
CITY POLICY
closely and cooperate fully with City's designated
my other agencies that may have jurisdiction or
performed. City agrees to cooperate with the
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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14. INSURANCE
Without limiting -Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City:s at all times during the. term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Comoensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
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• 0
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
7
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment. may. be. necessary. for its proper, protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest. of any general, partner. or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted, out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
1:3
18. COMPUTER DELIVERABLES
0
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, . notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
N
23.
24.
25.
4-1
27.
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invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three.(3).years from.the date of final payment to Consultant under this
Agreement.
WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums.. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
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the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949- 644 -3322
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Iris Priestaf, PhD, President
Todd Engineers
2200 Powell Street, Suite 225
Emeryville, CA 94608 -1809
Phone: 510 - 595 -220
Fax: 510 -595 -2112
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
11
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31
32
33
34.
35.
36.
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county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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.
INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
12
E
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
City Attorney Mayor
for the City of Newport Beach for the City of Newport Beach
ATTEST:
TODD ENGINEERS:
By: By:
LaVonne Harkless, Iris Priestaf
City Clerk President
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
Todd Engineers • • 2/25/2005
NEWPORT COAST GROUNDWATER SEEPAGE STUDY
Todd Engineers
Emeryville, CA
with
Rivertech, Inc., and Terrell Watt, AICP, Planning Consultant
SCOPE OF WORK
Task 1. Research
1.1 Kickoff Meeting. We will organize and participate in a kickoff meeting in Newport Beach to
discuss the scope and availability of data. This will be an opportunity to acquire as much
information as possible and visit the study area.
1.2 Acquire and Review Data. We will provide the following information:
• Regional hydrology, geology, and soils reports
• Topographic maps
• Rainfall and evapotranspiration information
• Information on wells (if any); we will contact the Department of Water Resources
(DWR) for water well drillers reports
• Online DWR or USGS monitoring well data and DHS water quality data (if any)
• Buck Gully Dry Weather Flow Rate and Quality Measurements prepared by Rivertech
Inc. for the Irvine Ranch Water District (IR)ArD) in 2004
• Dry Weather Flow Measurements, Buck Gully and Los Trancos Creeks prepared by
Rivertech Inc. for the Irvine Community Development Company in 2000
• Master Drainage and Runoff Management Plan prepared by Rivertech Inc. for The Irvine
Company in 1989 and 1990
• PowerPoint presentation on Buck Gully Headcutting Investigation by Rivertech Inc.
prepared for the Orange County Coastkeeper
• Stabilization, Hydrologic and Hydraulic Analyses of Morning Canyon prepared by
Rivertech for the City of Newport Beach in 2002
• Water Quality Monitoring Program of Pelican Hills Golf Course by Rivertech Inc. for
The Irvine Company (4 -year program)
• Dr. Richard Ford's research on Pelican Hill Golf Course Monitoring Program.
Exhibit A
Todd Engineers •
• 2/25/2005
The City of Newport Beach will assist in acquiring the following information:
• Land use data, preferably in Geographic Information Systems (GIS) format, including
timing of developments
• GIS data on topography, watersheds, and drainage, including storm drain system layout
• Geotechnical studies and landslide maps, including the geotechnical and soils
investigation reports prepared by Leighton & Associates for Newport Coast Planned
Community for The hvine Company.
• Historical aerial photographs and imagery
• Data on water demands and import quantities to the watershed study areas, including
potable water and recycled water
• Data on water import quality
Information on potable water and recycled water sources, storage and conveyance
systems
• Drainage and watershed studies, County hydrology manual,
• Relevant planning documents and environmental impact reports
• Information on water demand and use (inside residential and outside landscaping use)
• Newport Coast Watershed Program Proposition 13 Grant Proposal and related documents
• IRWD Quality Assurance Project Plan (QAPP) for Buck Gully
• Orange County Health Care Agency weekly bacterial monitoring
• Buck Gully /Corona Beach Bioregional Watershed Management Program by Orange
County CoastKeepers
• Dudek and Associates biological survey
• Hydrology and Hydraulics and Stabilization Studies of Buck Gully by WRC for the City
of Newport Beach
• Dr. Richard Ford's research on Crystal Cove.
1.3 Define Study Area Setting. We will define the study area and relevant physical setting for
assessment of groundwater seepage in terms of climate, geography and land use, soils, and
geology. Surface water and groundwater will be described in terms of quantity and quality. We
will describe the hydrogeologic setting (aquifers), groundwater levels and flow, any known trends
in groundwater development and levels, and groundwater quality. We will prepare cross - sections
parallel and perpendicular to the coast to show the topographic and hydrogeologic features.
Discussion of climatic conditions will provide a historical context for development of seeps over
time and will address variations in rainfall as a potential contributor (or not) to seepage problems.
The description of the study area will also include land uses and the water, wastewater, and storm
drainage systems. Based on available reports, we will identify important environmental resources
that may be affected by seepage, including relevant areas of special biological significance and
sensitive habitats.
Todd Engineers • • 2/25/2005
1.4 Define Seepage Areas. We will use available information including sequential aerial photos
to define seepage areas with the objectives of 1) selecting sites for Task 2 Field Investigation and
2) helping assess upstream/uphill sources. We will review of available information/reports and
interviews with selected citizens and City and State Park staff. The City will help to identify
interviewees. We will indicate major seepage areas on the watershed map.
1.5 Water Balance. We will prepare water balances with and without development to evaluate
the amounts and pathways affecting, groundwater. This pathway.will include documentation of
irrigated areas, application rates, and irrigation efficiencies to estimate percolation to
groundwater. Irrigated areas will be defined through application of GIS, namely overlaying GIS
land use layers (assessor's parcels, land use planning designations and densities) on a GIS
watershed boundary map.
We will prepare these water balances on a watershed basis and even sub - watershed basis, if
needed and if data are available. The water balances also will account for effects of paving and
building, which reduces direct rainfall recharge; for this analysis, we will estimate the area of the
watersheds that have been rendered impervious. Information on storm runoff routing, retention,
and discharge also will be reviewed. We will also identify unlined holding ponds and evaluate
the percolation to groundwater. Percolation to groundwater from leaking pipelines is probably
minimal, given the recent development of the area. However, we will address the potential with
City staff.
1.6 Deliverable. At the end of Task 1, we will prepare a brief technical memorandum that
provides a list of references, a brief synopsis of Task l work, and specific recommendations for
the Task 2 Field Investigation.
Task 2. Field Investigation and Sample Analysis
2.1 Monitoring Events. The field investigation will include two monitoring events involving
location and description of major groundwater seeps and springs in the five study area
watersheds, evaluation of flow in the canyons, and collection of water samples with subsequent
analysis. Sampling events are dependant upon the cessation of the excessive precipitation
occurring in the area, because we need to sample groundwater rather than surface water runoff
from high rainfall events.
The first field event will involve two days of reconnaissance and monitoring. This will include a
survey along the beach/cliff front and up the canyons. We will identify major seep locations and
observe stream flow at selected sites. Each seep and site will be located with our GPS, staked for
further reference, photographed and described. We will describe, estimate or measure the flow of
major seeps and measure or estimate flow in canyon streams at the selected sites. Selected
potential sources (e.g., holding ponds), major groundwater seeps, and each stream also will be
sampled; for the purposes of costing, we assume a total of 15 samples. The second field event
will focus on evaluation of flow and water source sampling.
The initial event will collect samples to determine nitrate, and phosphate. If sufficient
concentrations exist, then we will follow up with stable isotope samples for nitrogen and oxygen
in dissolved nitrate. If sufficient concentrations of these constituents are not present (possibly
because of dilution from recent rainfall) then only oxygen - hydrogen (deuterium) isotopes
Todd Engineers ® 0 2/25/2005
analysis wrill be conducted. Microbiological and bacterial DNA analysis is an option and would
be recommended only if initial analysis suggests that such contaminants are present. All
monitoring, sampling, and analysis will be in accordance with the project's Quality Assurance
Project Plan (QAPP), which is based on California State Water Resources Control Board Surface
Ambient Monitoring Program (SWAMP).
2.2 Analysis of Constituents. We will submit the samples to a California Department of Health
Services (DHS) certified laboratory for the following constituents:
Nitrate +nitrite (as NO3)
Nitrate + nitrite (as N)
Phosphate (PO4 2-) (assuined as P)
We will also analyze for the isotopic species presented in Table 1 as part of the short-term
isotope sampling program. The analytical method, general analytical precision, minimum sample
size; and sampling considerations are also listed. One significant consideration in sampling is the
sample volume. For most of the recommended analyses, sample quantities are not large;
however, for nitrogen and oxygen isotope analysis of dissolved nitrate, the sample quantities
may be large when nitrate concentrations are low, as in surface water flows and in seep water
potentially diluted by recent precipitation. A brief description of each of the identified
parameters, techniques for analyzing results; and the types of information that each can provide
are discussed below.
Table 1
Summary of Recommended Isotope Analyses
..S.aMPLE
�Methtod�ll..,
General
!°
"`Mt
3
nts
Stoat =e
`F
t
a'Preasiun'
mm .Require Samp leL.Slze
and
AbFteldsMP'ec soon
�tfe
s
IsoDLe
Water - Oxygen - Hydrogen (Deuterium) Isotopes.
is
O
IRMS (CO,
o
f0.1 /o0
10 mL; 250 nil- preferable.
PI bottle preferably HDPE or
I yr
equil:)
PP with tight sealing cap
2I -1 (D)
IRMS Zn
=] %0
10 mL; 250 mL preferable
PI bottle preferably HDPE or
> I Y<
reduction to H
PP with tight sealing cap
Nitrate (NO,-) - Nitrogen and Oxygen Isotopes
Converted to NZ
0
%°
4 mg N
Fp Acid to pH 2 with HCI; do
3 months
— IRMS
_0.2
25 mg NO3 required
If NO3 20 -25 mg /L: 1.0 L H2O
not use Na -azide or HNOi.
If NO3 10 -12.5 mg/L: 2.0 L H2O
is O
IRMS (comb. to
If NO3- 1.0 to 1.25 mg /L: 3.0 L
Fp Acid to pH 2 with HCI; do
CO,)
tO:S %o
H20 ( lower concentrations may
r
not use Na-azide or HNO3
3 months
require resin cartridge)
IRMS = Isotope. Ratio Mass. spectrometry
PI = plastic
HDPE = high density polyethylene
PP = polypropylene
Fp = field preservative
Reference: Clark, I.D. and Fritz, P., 1997, Envirownenral /solopes in Hydrogeology: Lewis Publishers, New York, NY, 328 p.
Todd Engineers • • 2/25/2005
Water - Oxygen - Hydrogen. (Deuterium) Isotopes
Delta (b) Oxygen -18 (180) concentrations versus the SD will be plotted on a local Meteoric Water
Line (MWL) to determine possible water sources. The local MWL will be determined from
precipitation analyses published in the literature and from a web -based calculator. Water samples
collected from different sources (i.e., imported irrigation water, evaporation ponds, groundwater,
and stream water) should show unique signatures and possible deviations from the local MWL.
These will be used to determine if seepage water has distinct source signatures.
Nitrogen (815N„itratJ and Oxygen (5180.it,ate) Isotopes in Dissolved Nitrate (NO3'
Nitrogen and oxygen isotopes in dissolved nitrate will be used to identify nitrate sources and
possible nitrogen fate in vadose zone soils and within groundwater. Nitrogen and oxygen
isotopes will be plotted on a variation diagram to determine and illustrate source types (e.g.,
nitrogen fertilizer, wastewater, nitrate in soil, etc.).
Task 3. Evaluation and Report
3.1 Evaluation of Data. In this task, we will combine the Task 1 and 2 findings to define the
links between potential sources (landscape irrigation, holding ponds, etc.) and the seepage areas.
We will apply the water balance from Task 1 to reveal the quantities of new inflows to
groundwater on a watershed basis. We will also use GIS information on land use, coupled with
watershed maps and our maps of seepage sites, to define links between source areas and seepage
areas. We will assume initially that groundwater flows do not cross major watershed divides;
however, initial review of the geology indicates a bedrock setting characterized by generally
northwest - trending contacts, folds, faults, and fractures that cross watershed divides. These may
result in groundwater flow that transgresses watershed boundaries. We will be on the lookout for
anomalies that indicate such geologic influences on groundwater flow. We will also apply the
water quality sampling and analysis to support fingerprinting of potential sources and definition
of direct links from source areas to seepage areas.
3.2 Report. We will prepare a brief report that describes the study area setting for seepage in the
study area, presents our evaluation of the seepage problem including sources and seepage areas,
and provides specific recommendations for the subsequent monitoring program, including
recommendations for siting, design and installation of up to ten groundwater monitoring wells.
The text of the report will be concise and readable and accompanied with suitable tables and
graphics. In addition, we will provide data in appendices, as needed.
We will provide the City with a draft report for review and comments. For the purposes of
costing, we assume submittal of three copies of the draft report. We will address City comments
on the draft and subsequently submit a final report, also in three bound copies plus one electronic
COPY.
3.3 Meeting. We will organize and participate in one formal meeting in Newport Beach to
present the study to City staff and discuss next steps.
Todd Engineers • • 2/25/2005
Task 4. Permit Applications
4.1 Discussion with Agencies. We will organize and participate in discussions with
representatives of jurisdictional agencies to present the proposed project, solicit their comments
on the scope, and determine permitting requirements. We will contact local involved agencies
including Orange County Health Care Agency (well permitting) and State agencies including
State Parks (Crystal Cove), Department of Water Resources, State Water Resources Control
Board, Regional Water Quality Control Board and the Coastal Commission, among others. To
the extent possible, we will minimize meetings through use of email and telephone
communication. The involved agencies and their respective roles will be summarized briefly in
the Task 3 report.
4.2 Permit Applications. We will prepare and submit the permit applications, for example, a
well drilling permit and permit from the Coastal Commission.
Task 5. Mitigated Negative Declaration
The proposed monitoring program is not likely to have significant and unavoidable impacts, and
in our experience, installation of monitoring wells can be accomplished with minimal
disturbance. The methodology, findings, and recommendations of the initial study/Negative
Declaration will be documented in detail, so that the responsible and trustee agencies and the
interested public can understand the reasoning behind findings of insignificance before or after
mitigation. If a mitigated negative declaration is warranted, the document will include mitigation
measures necessary to reduce any potentially significant imparts to less than significant. A
scoping session and early outreach to responsible and trustee agencies will assist us in preparing
CEQA documents that are responsive to agency issues and concerns and do not require
modification and recirculation.
SCHEDULE
Assuming authorization to proceed on March 8, 2005, the schedule includes the following
milestones:
• Kickoff Meeting week of March 14, 2005
• Research (4 working weeks): March 17 to April 15, 2005
• Field Investigation and Laboratory Analyses (11 working weeks). This task is dependant
upon weather conditions and the cessation of precipitation. Completion of seepage sampling
is estimated for June 1, 2005, with analytical data return no later than July 15, 2005.
• Submittal of Report (15 working weeks): September 16, 2005
• Submittal of Final Report: within 2 weeks of receipt of comments from the City
• Permit Applications (185 days): November 21, 2005
• Mitigated Negative Declaration (5 working weeks): October 21, 2005
Todd Engineers •
• 2/25/2005
This schedule assumes no delays beyond our control, including unforeseen delays in receipt of
data or input from the City of Newport Beach, weather- related delays affecting field
investigation and sampling, and delays from the analytical laboratory.
BUDGET
The budget is summarized the following spreadsheet. As indicated, the not -to- exceed budget is
$84,965. We will not exceed this budget without prior written authorization by the City of
Newport Beach.
Cost Estimate
NEWPORT BEACH GROUNDWATER SEEPAGE STUDY
City of Newport Beach
m
Notes
• Assumes a maximum of 15 water samples, Including source water samples; field conditions and initial analyses (e.g., not detected) may warrant fewer samples. Todd Engineers will prepare
sample protocols.
1. Nitrate (nitrate+ nitrite as NOS and nitrate + nitrite as N) and phosphate (PO C as P) analyses by Zymax Laboratory.
2. Oxygen-18 and Deuterium Isotopes in water by Zymax Isotope Laboratory.
3. Oxygen -18 and Nitrogen-15 Isotopes in nitrate (NO 37 analysis by Zymax Isotope Laboratory.
Todd Engineers
r
•
Priestaf
Motzer
Abbott
Crews
Drafting
Administrative I
Expenses
TASK
Clerical
Outside (Travel
Subcontractor/
Total
TOTALS
Mrs
57551hr
Hrs
$150 /hr
Hrs
$140Ihr
Hrs
$80 /hr
Hrs
$75Ihr
Hrs
$701hr
and
Laboratories
Expenses
BY TASK
Re reduction
Noes
1. Research
60
$9,300
24
$3,600
0
$0
90
$7.200
4
$300
3
$210
$735
$1,160
$1,895
$22,50
1
$2,180
$2,16
$2,180
2a. Field investigation
0
$0
40
$6,000
0
$0
30
$2,400
0
$0
5
$350
$2.47E
$3,600
$6.075
$14,82
2b. Sample Analysis":
$0
3
$450
$0
$450
Nitrate (NOS)
$0
$0
$0
$0
$0
$0
$0
$2,920
1
$2,920
$2,920
Phosphate (PQ)
$0
$0
$0
$0
$0
$0
$0
$1,460
1
$1,460
$1,460
0-18 and Deuterium in H2O
$0
$0
$0
$0
$0
$0
$0
$1,535
2
$1.535
$1,535
0 -18 and N -15 in N0�-
$0
$0
$0
$0
$0
$0
$0
$6,110
3
$6,110
$6,110
3. Evaluation and Report
50
$7,75
20
$3,000
16
$2,24
20
$1,6
40
$3,00
3
$210
$720
$0
$720
$18,52
$2,622
$2,622
$2,622
4. Permit Applications
0
$0
8
$1,200
16
$2,24
0
$0
0
$0
0
$0
$445
$9,250
$9,69
$13,13
S. Mitigated Negative
0
$0
0
$0
0
$0
0
$0
0
$0
2
$140
$0
$3,440
$3,440
$3,58
Declaration
TOTAL
110
$17,050
95
$14,25
32
$4,48
140
$11,200
44
$3,300
13
$910
$4,37
$34,284
$38,65
589.8
m
Notes
• Assumes a maximum of 15 water samples, Including source water samples; field conditions and initial analyses (e.g., not detected) may warrant fewer samples. Todd Engineers will prepare
sample protocols.
1. Nitrate (nitrate+ nitrite as NOS and nitrate + nitrite as N) and phosphate (PO C as P) analyses by Zymax Laboratory.
2. Oxygen-18 and Deuterium Isotopes in water by Zymax Isotope Laboratory.
3. Oxygen -18 and Nitrogen-15 Isotopes in nitrate (NO 37 analysis by Zymax Isotope Laboratory.
Todd Engineers
r
•