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HomeMy WebLinkAboutC-3853 - PSA for Buck Gully Dry Weather Monitoringx 1 AMENDMENT NO. ONE TO .} PROFESSIONAL SERVICES AGREEMENT WITH AMSC GEOMATRIX, INC. FOR DRY WEATHER MONITORING THIS AMENDMENT NO. ONE TO PROFESSIONAL. SERVICES AGREEMENT, is entered into as of this 4_(1'"day of -- P z , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and AMEC GEOMATRiX, INC., a California Corporation whose address is 510 Superior Avenue, Suite 200, Newport Beach, California, 92663.3627 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On October 13, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", to install flow monitoring stations and to collect data and water quality samples for dry weather monitoring, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to extend the terra of the AGREEMENT to December 31, 2009- 0, CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. Q. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows; 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including but not limited to, all work set forth 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. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Six Thousand, Two Hundred and Five Dollars and no/100 ($6,205.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to December 31, 2009. 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. ONE on the date first above written. APPROVED AS TO FORM: By: f yne , D. eauc p, Assistant City Attorney for the City of Newport Beach ATTEST: Leilani Brown, City Clerk for the City of Newport Beach Attachment: Exhibit A - Scope of Services CITY OF NEWPORT BEACH, A Municip Corporation By: Z 3L, Omer Bludau City Manager for the City of Newport Beach AMSC GEOMATRIX, INC.: By: �Tmothy Simpson, 'Dice President B: le f 4-W167-5 C�i�f-Wiper-atfngf3fffcer--ands P�nc i� I-E�gft�ee r EXHIBIT A Table 1 Analytical Suite for Dry Weather Flow Monitoring - Proposed City Hall Site Analyte(s) Cast per Sample(including 10% markup Organophosphorus Pesticides by 8141 $110.00 Bolstar (Sulprofos) Chlorpyrifos Demeton Diazinon Dichlorvos Dimethoate Disull'olon Ethoprop (Ethoprofos) Fenchlorphos (Rounel) Fensulfothien Fenthion Malathion Merphos Methyl Parathion Mevinphos (Phosdrin) Phorate Tetrachlorvinphos (Stirafns) Tokulhion Trichloronate Metals otal and Dissolved by 2011.8 $242.00 Aluminum (Al) Antimony (Sb) Arsenic (As) Barium (133a) strylbuin (Be) Cadmium (Cd) Chromium (Cr) Cobalt (Co) Copper (Cu) Iran (Fe) Lead (Pb) Manganese (Mn) Molybdenum (Mo) Nickel (M) Selenium (Se) Silver (Ag) Strontium (Sr) Thallium (TI) Tin (SO Titanium (Ti) Vanadium {V) Zinc (Zn) Microbioioev $60.50 Enterocmci 1 MF 10 Fecal Colifann 1 MTF 20 Total Coliform ! MTF 20 General Chemistr $176.00 Ammonia -N Orthophosphate as P Nilrate-N Nitrite -N Total Hardncss as CaCO3 Total Phosphorus Total Suspended Solids Total )4 eldahl Nitrogen Total Cost per Sample (including 10% markup) $588.50 Table 2 SUMMARY OF PROJECTED COSTS City of Newport Beach Dry Weather Men poring - Proposed City Hall Sl to Task 1,0 - Installation of Flow Monitoring Stations This task assumes Use City will assist with removal of the debris screen located on top of the user pipe to allow aur access, We propose to enter the storm drain (a non permit -required confined space) and install an area -velocity meter to measure How, We will utilize an expansion ring to mount the sensor to avoid the need In drill holes in Ute pipe The area -velocity sensor will be provided by AM EC Geomalrix and costs have been included. We have also assumed that the project will not require submittal of encroachment permit applications. This task includes decommissioning of the site. Senior Technician 10 hours H4.04 $ 800,00 Staff EngineedScientist g hours 10D.D0 5 900.06 Project EnginaedScientfst 4 hours ( 130.00 $ 520.00 Senior EngineerlSclentist 1 hours [q_ 180.00 $ 180.00 Equipment Casts miscellaneous Installation Materials 1 set 50.00 5 50.40 Confined space entry equipment 1 set 200.00 $ 200.00 AV Probe and Expansion Ring Rented 2 weeks 50.OD $ 100.00 Vehicle 1 days { 75.06 5 75.00 Task 1 Total 5 2,825.00 Task 2.0 - Collection of Flow Data and Water Quality Samples This task assumes that the flow data will be downloaded twice each week far approximately two weeks. The How data will be reviewed after each event. In addition, two water quality samples will be collected and analyzed (baoinning and end of the monitoring period) AR the conclusion of the monitoring period, AMEC Cuomalrix will provide the City hydr©graphs depicting flow over the monitoring period and data summary tables for the two samples collected. Flow Data Download, System Maintenance, Sampling, Review of Flaw Data and Development of the Hydrograph, and Removal of Equipment Senior Technician H hours @ UG -00 $ 640.00 Project EngineerlScierlist a hours @ 130.00 $ 1,040.00 Senior Engtneerl5cienfist 1 hours a loo -00 $ 180.00 Equipment Costs Vehicle 10 hourly 1* 1500 S 156,00 Cost for 4 mobilizations S 2.01000 Cast for Two Water Quality Samples Misc sampling supplies 2 sets 50.00 S 100.00 Field meter (pH, letup, SC) 2 days @ 50.00 $ 140,00 Analytical Costs 2 samples @ 585,00 $ 1,970.40 Costs for 2 sampling events $ 1,370,00 Task 2 Total $ 3.380.00 Total Tasks 1 and 2 $ fi,245.00 rerw_�d cly Fl ell $IR_r1e04019 Mt. ACORD.- CERTIFICATE OF L,LABILITY INSURANCE DArE05/04/2009 � PRODUCER Aon Risk services Northeast, inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Parsippany N7 Office 10 Lani dex Center West AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTENT] OR ALTER THE P.D. BOX 608 COVERAGE AFFORDED BY THE POLICIES BELOW. Parsippany N7 07454-0608 USA P$oNE- 866 283-7122 rAx• 847 953-5390 INSURERS AFFORDING COVERAGE MAIC# INSURED INSURER. A: Zurich American Ins co 16535 INSURER B; AMSC GeomatriX, Inc. 2102 Webster St., 12th Floor INSURER c: Oakland CA 94612 USA INSURER D: INSURER E; COVER&GES SIR aeplies per terms and conditions of the o is THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU13JDCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR INSRII TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATF(MM6lJD%YY) POLICY EXPIRATION DATE(MSMXIIMVY) LIMIT'S A ERA LLIABILrrY GLo337359908 05/01/09 05/01/10 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED $1.000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [E OCCUR PREMISES (Ea nocurene.e) MED EXP (Any one Berson PERSONAL VkADV INJURY $1,000,400 GENERAL AGGREGATE 5210001000 GDTL AGGREGATE LIMIT APPLIES PER: ❑ POLICY ® PRO- [K] LOC /ECT PRODUCTS -COMPrOPAGO 52,040,040 A AUTOMOBILE LIABILITY SAP337360008 05/01/09 05/01/10 COMBINED SINGLE LIMIT X ANY ALTO (Ea acaldmr) $1,000,000 BODILY INJURY ,}( ALL OWNED AUTOS SCHEDULED AUTOS ( Per person) j( HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accklad) PROPERTY DAMAGE Comp oed S1,0DO PX X collision tied S1.000 (Peracowent) GARAGE LIABILITY AUTO ONLY - F.A ACCIDENT ANY ALTO CITUER THAN EA ACC 9 AUTO ONLY AGG EXCESS IUMIBRELLA LIABILITY EACH OCCURRENCE ❑ OCCUR F-1CLAIMS MADE AGGREGATE BDEDUCTIBLE RETENTION A WORKERS COMPENSATION AND E6SPLOVERS'LIABlIXTY WC X WC I IMITS OTH- Ti g E.L. EACH ACCIDENT $1, 000 , 040 ANY PROPRIETORIPARTNERIFxECUTIVE OFFICEBIMEMBER EXCLUDED? E.L- DISEASZ-EA EMPLOYEE $1,000,000 Ifyea, 6nmhe under SPECIAL PROVISIONS £.L. DISEASE-PO12CY LIMIT $1,000,000 below A OTHEREoC938357841 Professional/Pollution 05/01/04 Any one [Tai Aggregate $1,000,OU4 ArchitBEng Prof DESCRIPTION OF OPEPACIONSILOCATIONSWEHICLEVEXCLUSION5 ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Buck Gully Erasion Control Project, The Newport Bioswale Project, and The Moro on State Park Project. where required by written contract City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers, are included as additional insured to the General Liability and Automobile Liability URTEITICTES LDER CANCELLATION City of Newport Beach SHOULD Public works Department DATE ANY OFTHE, ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THEEXPIRATION THEREOF, TI IE ISSUING INS URIIR WILL ENDEAVOR TO MAIL Attn : Shauna Oyi e r 34 BUT 3300 Newport Boulevard OF Newport Beach CA 92658-0000 USA DAYS WRITTEN NOTICE TO111E CERTIFICATE HOLDER NAMED TO THE LEFT, FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY ANY SIND UPON T14E INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1998 MW "®1 Attachment to ACQRD Certificate for AMSC Geomatrix, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED AMEc Geomatrix, Inc. 2101 Webster St., 12th Floor Oakland CA 94612 IDSA INSURER INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If policy below does not include limit information, refer to the corresponding policy on the.ACOR.D certificate form for policy limits. LYSR LTR Ann'L INSRD TYPE OFTNSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE A POLICY EXPIRATIONi DATE LIITS DESCRIPTION OF OPERATIONSILOCATIONStVEHICLESIF-XCUISION5 ADDED BY ENMRSEMENTISPECIAL PROVISIONS policies. The insurance provided is Primary and Non -Contributory with any other insurance maintained y the additional insured. waiver of Subrogation is granted in favor of the City of Newport Beach, its officers, agents, employees and volunteers under the workers Compensation policy where required by written contract, see attached Endorsements. Certificate No : 570034284656 • 0 c -93e PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRIX FOR BUCK GULLY DRY WEATHER MONITORING THIS AGREEMENT is made and entered into as of this A day of `/C4►1t 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and GEOMATRIX a California Corporation, whose address is 510 Superior Avenue, Suite 200, Newport Beach, California, 92663-3627 ("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 monitor the dry weather conditions in Buck Gully. C. City desires to engage Consultant to install a flow monitoring station to collect flow data from June 15, 2006 through October 15, 2006 (17 weeks), collect flow data and water quality samples (weekly) from June 15' 2006, through October 15, 2006; and prepare a flow monitoring program. ("Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Matthew Q. Lentz, Senior Scientist. 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 1 day of December, 2006, 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 Sixty Two Thousand Nine Hundred Forty Six Dollars and 501100 ($62,946.50) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 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 writing 2 0 0 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 performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 Matthew Q. Lentz, Senior Scientist 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. Bob 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. 3 0 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. 0 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 performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole 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. 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 5 0 i 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. 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. N • D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with -this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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. 7 0 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 (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Q i 16. SUBCONTRACTING • The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 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 parry. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. M 0 19. CONFIDENTIALITY E 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 invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 10 0 24. ERRORS AND OMISSIONS 0 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Bob Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3322 Fax: 949-644-3318 11 0 0 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Matthew Q. Lentz Geomatrix 510 Superior Avenue, Suite 200 Newport Beach, CA 92663-3627 Phone: 949-642-0245 Fax: 949-642-4474 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 parry written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12 l� u 31. INTEGRATED CONTRACT 0 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. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. 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. 35. 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. 36. 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. 37. 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. 13 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron Harp, Assistant City Attorney for the City of Newport Beach ATTEST: B k , M, 4,&, LaVonne Harkless, City Clerk CITY OF NEWPORT A Municiga-C-orpgrax In of Newport Beach GEOMATRIX By: "'� (Corporate Officer) X ��, Print Name: By: d (Financial Officer) Title: Print Name: JAi6S . �iel Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F:\Users\PBW\Shared\Hgreements\FY 05-06\Geomatrix-Buck Gully Dry Weather Monitoring.doc 14 Geomatrix June 8, 2006 Mr. Robert Stein Principal Civil Engineer City of Newport Beach 3300 Newport Blvd PO Boa 1768 Newport Beach, CA 92658-8915 SUBJECT: Buck Gully and Morning Canyon Dry Weather Monitoring Scope of Work City of Newport Beach Dear Mr. Stein: Pursuant to our meeting on May 16, 2006 and subsequent conversations, Geomatdx Consultants, Inc. (Geomatrix) is pleased to submit this scope of work to provide dry weather monitoring services to the City of Newport Beach (City). We understand the City would like Geomatrix to provide assistance with flow measurement and sample collection to characterize dry weather flow at one location in Buck Gully and two locations in Morning Canyon. SCOPE OF WORK From our discussion, we understand the project includes the following tasks: • Install three flow monitoring stations to collect flow data from late June to October 15, 2006 (15-16 weeks); • Collect flow data and water quality samples (weekly) from late June to October 15, 2006 from the three monitoring stations; and • Prepare a flow monitoring report complete with submittal of analytical data (for the two Morning Canyon monitoring sites). Task 1- Installation of Flow Monitoring Stations Based on field reconnaissance performed with the City on May 16, 2006, it appears that there is limited access to the Buck Gully monitoring location. Access is through a gated community and the monitoring site is located in a heavily vegetated canyon. The selected location consists of a concrete head wall with what appeared to be a 24 to 36 -inch diameter concrete pipe. As discussed during the field reconnaissance, we propose to fabricate and install a v -notch weir at the headwall to measure dry weather flow from the pipe. Based on out discussion, two flow monitoring stations will be located within Morning Canyon. One station will be located in an area upstream of Pelican Hills Golf Course and the second station will be located downstream. Installation of the three flow monitoring stations will require access to the gated neighborhood. For cost purposes, we have assumed that the flow monitoring equipment (Sigma 950 and 920 flow meters) will be provided by the City and will be appropriate for flow measurement at the monitoring SIO Superior Avenue, Suite 240 Tel 949.642.0245 wwwgeonnatrixcom EXHIBIT A Newport Beach, California 92663-3627 Fax 949.642.4474 =4L%-= Mr. Robert Stein City of Newport Beach June 8, 2006 Page 2 locations. We have also assumed that the project will not require submittal of encroachment permit applications. Task 2 - Collection of Flow Data and Water Quality Samples Geomatrix proposes to download flow data and collect weekly grab samples of dry weather flow for water quality analysis. The flow data will be downloaded, the level readings will be verified, and the battery will be checked and changed out, if necessary. Water quality samples will be collected and delivered to the laboratory. It is our understanding that the City will be coordinating with the Irvine Ranch Water District (IRWD) for laboratory services and that all laboratory costs will be paid by IRWD or the City for the Buck Gully Monitoring Station. At the request of the City, we have included analytical costs for the samples to be collected from the two Morning Canyon monitoring sites. Task 3 - Flow Monitoring Report and Submittal of Analytical Results The flow monitoring report will consist of a brief letter report explaining the field program and a summary the flow monitoring data. Hydrographs will be attached to the report. Flow data and hydrographs can be provided on a bi-weekly basis. It is our understanding that IRWD will manage all analytical data/reporting requirements associated with the samples collected from the Buck Gully. Analytical data associated with the two Morning Canyon monitoring stations will be reviewed and submitted to the City on a monthly basis. We have not included costs to develop a database or provide statistical analysis of analytical results COST Our estimated costs to perform Tasks 1 through 3 are summarized on the attached Table. Our work will be charged on a time and materials basis according to the attached Schedule of Charges which also describes the conditions for our services. Geornatrix looks forward to the opportunity to assist the City on this project. If you have any questions regarding this scope of work, please do not hesitate to contact the either of the undersigned at (949) 642-0245. Best regards, GEOMATRIX CONSULTANTS, INC. Matevw Q. Lentz Senior Scientist Attachments: Estimated Costs Schedule of Charges Timothy S. Simpson, P.E. Vice President and Principal Engineer 0 0 pSUMMARYOFPROJECTED COSTS City of Newort Beseech MY VkWwrkoMt9Atg- Moving CnyonC4:1!T Geomatrix Talk M-Imailatbe dnin a Maw Monkniag Sud.. Task 1 essumn Nm flow monitodnge Mpment will be provided by the City. It is dm assumed dsel en emaadsmmt pamrit will nd 6e neaseuy m gain acaaa and 1,001 the,Mdoal. Saiar T.hmden 32 ham (aj M.W S 2,624.00 StaffEagineedsciewim 36 h. 95.00 T 3,420.00 Senior E.gineedSmend,t 8 hours ® 165.0 S 1320.00 Pdndpd Engineer/Sdemist 2 haus @ 225.0 S 450.00 Equipmad Costs Inswi.a. muaiels 3 aW ® 100.00 S 300.00 Vehicle 4 days ® 75.0 T MM S 7,114.00 Talki.-Cdlactiom of Mow Dab am Water Quality Samplea This talk names the the flow datawill be downloaded mM wa,nquaiiiy samples will be colleaW one time each wakfmmitmi.,,wo.. fa vpproai.od, IS wake. SeniorTechnician 9 ham ® 82.0 $ 738.00 SraffEnginenyScientirt 9 home ® 95.00 T 755.00 Senior Eaginar/Sdmdst 0.5 hours ® !65.00 T 8150 Equipmem Casts Miss sampling supplies I setrQ+ 25.00 S 25.00 Field mac, (014 map, SC) 1 day 5000 3 50.00 Vehide 1 day (o} 75.0 3 75.00 Cart farI am alig event T 1,825.50 cas"Inunsaplingevema T 27.382.50 Amlyuml Costa for Momi% Canyon Sites 30 vitas ® SW.W S 24,000.00 Toa[ Cast S 51;8150 Tmk3.0-Mme MmniNdn7Heparsod SubmittalofAm*tI Dm The Dow mookwing report will consist oft bdefletter repw explaining the ficid program aad summarize the flow mmkodng!lata Andydeal 4w will be wbmitled demeatiallymNs City. Hydregmphswiilbesmchedw,1mn,,t. -" StaffEngimedscimin is Imam ® 95.W $ 1,710.W . Scntor Hngim.Ritn x 6 haus ® 165.0 S M..W Pdndprl Enginad8demin 2 noun ® 225.00 T 450.00 S 3,150.00 Teal Tarw I and 3 $ 62 1630 snwH3ros.opa:mo797ae�frwEat e..a�caw GEOMATRIX CONSULTANTS, INC. SCHEDULE OF CHARGES For the City of Newport Beach Effective January 27, 2006 The Schedule of Charges applies to all services provided by and/or through Geomatfix Consultants. LABOR: Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and correspondence and for the time associated with production of such documents. Direct charges are not made for secretarial service, office management, accounting, and maintenance, because these items are included in overhead. Labor category charge rates for Geomatrix Consultants, Inc. are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will be provided on request. LABOR CATEGORY HOURLY RATE Principal $200-350 Senior Consultant 200-350 Senior Decision Analyst 200-250 Senior II 175-200 Senior 165 GIS Programmer/Web Designer 130 Project II 125 Project I 115 Field Engineer Ito Staff H 105 Staff 95 Senior Technician 82 Field Technician 77 CAD/Graphic Designer 85 Project Assistant 68 Technical Editor 85 Support Staff 60 Thune spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. When it is necessary for an employee to be away from the office overnight, actual costs, or a negotiated rate, will be charged for living expanses. Employee expenses will be charged at cost phis 1501a. Charges for expert witness services will be at the hourly rates shown. However, for depositions and for court appearances, dee nate is twice the amount shown. There will be a 4 -hour minimum per -day charge for depositions and an 8 -hour minimum per -day charge for court appearances. Special accounting services will be billed at the Support Staff rate. COMMUNICATIONS CHARGE: Four percent (4%) of Labor charges for routine photocopying, regular mail postage, and fax/telephone(cellulm phone usage. OUTSIDE SERVICES: Outside services will be charged at cost plus 1501. Common outside items include: consultants, drilling services, laboratory testing, equipment, and vehicle rental, printing and photographic work, postage and shipping, conference calls, travel and transportation. REIMBURSABLES: Non -routine Photocopies $0.12/sheet Specialized Computer Applications $25.00/hour Field equipment, vehicles, specialized reproduction On request Geomatrix Consultants is an Equal Opportunity/Afrtnative Action Employer, and as such adheres to all applicable federal, slate, and local laws and regulations in this regard. L\MARKETempos�l.\20116 fhopoub\OI353B.PR0.0\Newpon&e \Qq of Ne .Nx S uk ofCM1ugm EXHIBIT B Client@- 1411ft A1LArnN A ACORM CERTIFICATE OF LIABILITY INSURANCE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 07116°""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Oealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 12675 Oakland, CA 94604-2675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A 510 465-3090 Ted Kiyama INSURERS AFFORDING COVERAGE INSURED GeoINSURER 2101 W Consultants, Inc. 2101 Webb ster Street, 12th Floor Oakland, CA 94612 A: Greenwich Insurance Company INSURER E: Fireman's Fund Insurance Co. INSURER C: INSURER 0: _ INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE IMMIDONn POLICY EXPIRATION DATE MMNO LIMITS A GENERALLIASILITY GEC000340606 07/01/06 07/01/07 EACH OCCURRENCE $1606000 FIRE DAMAGE(Myenefire) $1006600 X COMMERCIAL GENERAL LUB ILITY MED EXP M one pe.) $5,000 CLAIMS MADE N—I OCCUR PERSONA& ADV INJURY $1006606 X Contractual X ICG2417 RR Contr GENERA AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $2000000 PRO -T El LOC 17 POLICYFx-1 A AUrOMoBILEuAa1Lm X ANYAUTO AECOOD340706 07/01/06 07/01/07 COMBINED SINGLE LIMB $1666606 , (EaaxNeM) , JURY 800M aJpe)) (� Pe5 ALLOWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-0VJNED AUTOS -" BODILY INJURY $ (Per acd&nt)tlenl) PROPERTY DAMAGE (Per ectlaenU $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO AUTO ONLY: qOG i EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE 5 $ DEDUCTIBLE $ RETENTION f I B WORKEMCOMPENSATIONAND WZP80941390 .. 07/01106 07161/67 Xwe BTATu- OTRH - LIME.L. EMPLOYERS' LIABILITY EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 A OTHER Professional PEC000342405 07/01106 07101/07 $5,000,000 per Claim Contractors $5,000,000 Annl Aggr. ollution Llab. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEWEXCLUSIONS ADDED BY ENOORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. _ REF: Buck Gully Erosion Control Project, The Newport Bioswale Project, and The Moro Canyon State Park Project. (See Attached Descriptions) City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Boulevard Newport Beach, CA 92658 ACORD 25S (7197)1 of 9 AMIAlk"4 ANYO ME MOW DESCRIBED POLICIES SECANCELLED THEREOF, TRE ISSUING INSURER WIN)MKXn(g15L TOMAIL 30 DAYSWRITTEN ETOTNE CERTIFICATE NOLDERNAMEDTOTNELEPT NLXC a E POLICYNUMBER: GEC000340606 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Location(s) Of Covered Operations City of Newport Beach REF: Buck Gully Erosion Control Public Works Department Project, The Newport Bioswale Attn: Shauna Oyler Project, and The Moro Canyon 3300 Newport Boulevard State Park Project. The City, Newport Beach, CA 92658 its elected or appointed officers. officiatls employees, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrator engaged in performing operations for a principal as a part of the same project. SCHEDULE CONTINUED: agents and volunteers are additional insureds with respect to general liability arising out of work performed by or on behalf of the Consultant. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICYNUMBER: GEC000340606 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR (Continued from page 1.) ORGANIZATION POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. JYEIIN=1X813011117[ CUllliZr13 Kell 11.14Z14421I41a.14rI111H This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80941390 Issued to: Geomatrix Consultants, Inc. By: Fireman's Fund Insurance Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach Public Works Department Attn: Shauna Oyler 3300 Newport Boulevard Newport Beach, CA 92658 WC 04 03 06 (Ed. 4-84) Schedule Job Description REF: Buck Gully Erosion Control Project, The Newport Bioswale Project, and The Moro Canyon State Park Project. The City, its elected or appointed officers, officials, employees, agents and volunteers. Countersigned by —I -Z, �5:— Authorized Representative ENDORSEMENT #(.A This endorsement, effective 12:01 a.m., 07701/06 forms a part of Policy No. AEC000340706 issued to Ceonatrix Cansblitants, Inc: by Greerydir,h Tn Trance t cnpany. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: Business Auto Coverage Form Garage Coverage Form Motor Carrier Coverage Form Truckers Coverage Form Business Auto Physical Damage Coverage Form LIABILITY COVERAGE, WHO IS AN INSURED is changed to include as an "insured" nm City of N&wport Beach, its elected ar appob*ed office3:s,.officia-1s,.eWloyees, agents andvolunteers,but only for "bodily injury" or "property damage" to which results from arms orY✓ KiMg$tcovered "auto." 2_ Any other person, while using a covered "auto" with your permission. The insurance provided by this endorsement shall be subject to the following additional conditions. 1. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event, shall the policy Limits of Insurance be increased by the contract. 2. All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage(s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the Additional Insured(s) whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. All other terns and conditions of this policy remain unoh;anged.r.- '1 3,jM it ASStA.IAdtS AUT0133 (07199) WINT 10/18!2005 JLL-03-2006 10:12 FROM: T0:819496443316 P.1/1 Fax #: �t `f U � l `t � 3 � • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. fg Date Received: (� d �0 6 Dept -/Contact Received From: T r" `m'y'na Data Completed: r% 3 Sent to: 4A,2jAdv By: Al, Z:, .f Company/Person required to have certificate: A c-orna-frl)( Conte 6 tA"* . I C - I. GENERAL LIABILITY 6rcc A. INSURANCE COMPANY: t jiC B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted In Calffomia?Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 0 a 4 4 Ct E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It included? ❑ Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it Included? 01Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named Insured is not "solely J limited solely by their negligence) Does endorsement include 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, It. AUTOMOBILE LIA131LITY r / 'j //�� C7"ZCY) h 14 00 A. INSURANCE COMPANY: bJ I C � n4 B. AM BEST RATING (A: Vii or greaterg xi/ / C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in Califomia? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? T w,; E. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is it included? ❑ Yes ETNo F_ PRIMARY& NON-CONTRIBUTORY WORDING (For Waste Hauletr only) Is it Included? f�jr/ ❑ 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. IIL WORKERS' COMPENSATION A. INSURANCE COMPANY; I fY S fr�Ti B. AM BEST RATING (A: Vit or greater): AXV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To Include): Is n included? Yes El No HAVE ALL ABOVE REQUIREMENTS BEEN MET?[3Yes C1 No IF NO WHICH ITEMS NEED TO BE COMPLETED? Utth GAy- 4ffiG j r.irW&J, • C^�tJ�l—aJJb% JC -853 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department IIJ'I '! 71 Robert Stein 949-6443322 or rstein@city.newport-beach.ca.us M: SUBJECT: MONITORING STATIONS INSTALLATION —APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRIX RECOMMENDATIONS: 1. Approve a Professional Services Agreement with Geomatrix, of Newport Beach, California, for water quality monitoring services at a contract price of $62,946.50 and authorize the Mayor and City Clerk to execute the Agreement. 2. Authorize a transfer of $62,946.50 from Account 7014C5100805 (Morning Canyon Stabilization Project) to Account 7014-C5100851 (NCWS: Miscellaneous Watershed Activities). DISCUSSION: Irvine Ranch Water District (IRWD) is conducting a three-year water quality study of Buck Gully. The study will involve collecting flow and water constituent information at four locations in the creek. In May, City staff asked IRWD to install a fifth station to measure significant runoff from the Pelican Hill Homeowners' Association (HOA) area which represents up to ten percent of the total dry weather flow in Buck Gully. After a field visit with IRWD staff, IRWD determined they could not install a fifth station because of the difficult accessibility to the site. Another site visit was arranged with two consultants that have previously installed monitoring facilities for the City: Geomatrix and Weston Solutions. After the site visit, Geomatrix devised a plan to install the monitoring equipment at this remote location in Buck Gully. Staff asked Geomatrix to prepare a scope of work and fee proposal for this monitoring station in Buck Gully. Additionally, staff asked Geomatrix to propose ongoing monitoring stations at two other locations in upper Morning Canyon. These additional stations would measure flow from another section of Pelican Hill HOA and the Pelican Hill golf course. It is estimated that dry -weather flow from the HOA and/or golf course could account for 50 percent of the flow in Morning Canyon. Onitoring Stations Installation — Approval of Profess*Servioes Agreement with Geomatdx June 27. 2006 Page 2 Geomatrix submitted a proposal to install the three monitoring stations and to perform sample analyses for the two Morning Canyon stations for a not to exceed price of $62,946.50. IRWD has agreed to pay for the sample analyses for the Buck Gully monitoring station. The costs for the flow monitoring and sample analyses for the two Morning Canyon stations are comparable to costs charged by IRWD for the four stations it monitors in Buck Gully. Because of the difficulty accessing the site, Geomatrix's proposed fee for the fifth monitoring station in Buck Gully is approximately 35 percent higher than the other Buck Gully stations. Staff believes the proposed cost is reasonable as Geomatrix will need to visit the site on a weekly basis to service the monitoring site and download data. The scope of Geomatrix's professional services will include: 1. Installation of three flow monitoring stations, 2. Collection of flow data and water quality samples, 3. Water quality sample analyses (Morning Canyon stations only), and 4. Flow Monitoring Report Funding Availability: Stabilization work is about complete in Morning Canyon and unencumbered funds are available to be transferred to fund the proposed work. Upon approval of the recommended budget transfer, there are sufficient funds available in the following account for the project: Account Description Account Number Amount NCWS - Misc. Watershed Activities 7014-C5100851 $62,946.50 Total: $62,946.50 Environmental Review: All tasks fall under the Information Collection class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Prepared by: ' � J Robert Stein, .p Principal Civil Engineer Submitted by: Attachment: Professional Services Agreemrsnt In G. Badum Works Director 0 PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRIX FOR BUCK GULLY DRY WEATHER MONITORING THIS AGREEMENT is made and entered into as of this day of 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and GEOMATRIX a California Corporation, whose address is 510 Superior Avenue, Suite 200, California, 92663-3627 ("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 monitor the dry weather conditions in Buck Gully. C. City desires to engage Consultant to install a flow monitoring station to collect flow data from June 15, 2006 through October 15, 2006 (17 weeks), collect flow data and water quality samples (weekly) from June 15, 2006, through October 15, 2006; and prepare a flow monitoring program. ("Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Matthew Q. Lentz, Senior Scientist. 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 1 day of December, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 0 Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 3. 4. City may elect to delete certain tasks of the Scope of Services at its sole discretion. 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. 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 Sixty Two Thousand Nine Hundred Forty Six Dollars and 50/100 ($62,946.50) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 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 writing 2 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 performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. j 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 Matthew, Q. Lentz, Senior Scientist 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. Bob 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. 3 0 7. .CITY'S RESPONSIBILITIES 0 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. M 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 performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed. to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole 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. 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 5 0 0 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. 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 tern 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. M 0 • "i D. Coverage Requirements. i. Workers' Comaensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employers 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 (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with -this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 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 (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed. as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. M 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg' file fonnat 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. 9 Ll 19. CONFIDENTIALITY 0 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 invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date.of withholding of any amounts found to have been improperly withheld. 10 11 0 E 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. harmless City for any and all claims for violation of this Section. 27. NOTICES Consultant shall indemnify and hold damages resulting from Consultant's All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Bob Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3322 Fax: 949-644-3318 11 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Matthew Q. Lentz Geomatrix 510 Superior Avenue, Suite 200 Newport Beach, CA 92663-3627 Phone: 949-642-0245 Fax: 949-642-4474 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12 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. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. 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. 35. 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. 36. 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. 37. 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. 13 • 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron Harp, AssistaAtAttorney for the City of Newport Beach ATTEST: LIM LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Don Webb, Mayor for the City of Newport Beach GEOMATRIX By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F:%Users\PBW1Shared)Agreements\FY 05-061Geomatrix-Buck Gully Dry Weather Monitoring.doc IlH 9 Geomatrix June 8, 2006 Mr. Robert Stein Principal Civil Engineer City of Newport Beach 3300 Newport Blvd PO Box 1768 Newport Beach, CA 92658-8915 0 SUBJECT: Buck Gully and Morning Canyon Dry Weather Monitoring Scope of Work City of Newport Beach Dear Mr. Stein: Pursuant to our meeting on May 16, 2006 and subsequent conversations, Geomatrix Consultants, Inc. (Geomatrix) is pleased to submit this scope of work to provide dry weather monitoring services to the City of Newport Beach (City). We understand the City would like Geomatdx to provide assistance with flow measurement and sample collection to characterize dry weather flow at one location in Buck Gully and two locations in Morning Canyon. SCOPE OF WORK From our discussion, we understand the project includes the following tasks: • Install three flow monitoring stations to collect flow data from late June to October 15, 2006 (15-16 weeks); • Collect flow data and water quality samples (weekly) from late June to October 15, 2006 from the three monitoring stations; and • Prepare a flow monitoring report complete with submittal of analytical data (for the two Morning Canyon monitoring sites). Task 1- Installation of Flow Monitoring Stations ' Based on field reconnaissance performed with the City on May 16, 2006, it appears that there is limited access to the Buck Gully monitoring location. Access is through a gated community and the monitoring site is located in a heavily vegetated canyon. The selected location consists of a concrete head wall with what appeared to be a 24 to 36 -inch diameter concrete pipe. As discussed during the field reconnaissance, we propose to fabricate and install a v -notch weir at the headwall to measure dry weather flow from the pipe. Based on our discussion, two flow monitoring stations will be located within Morning Canyon. One station will be located in an area upstream of Pelican Hills Golf Course and the second station will be located downstream. Installation of the three flow monitoring stations will require access to the gated neighborhood. For cost purposes, we have assumed that the flow monitoring equipment (Sigma 950 and 920 flow meters) will be provided by the City and will be appropriate for flow measurement at the monitoring i SIO Superior Avenue. Suite 200 i Tel 949.642.0245 wwwgeomatrlx.com EXHIBIT A Newport Beach, California 92663-3627 Fax 949.642.4474 Mr. Robert Stein City of Newport Beach June 8, 2006 Page 2 locations. We have also assumed that the project will not require submittal of encroachment permit applications. Task 2 - Collection of Flow Data and Water Quality Samples Geomatrix proposes to download flow data and collect weekly grab samples of dry weather flow for water quality analysis. The flow data will be downloaded, the level readings will be verified, and the battery will be checked and changed out, if necessary. Water quality samples will be collected and delivered to the laboratory. It is our understanding that the City will be coordinating with the Irvine Ranch Water District (IRWD) for laboratory services and that all laboratory costs will be paid by IRWD or the City for the Buck Gully Monitoring Station. At the request of the City, we have included analytical costs for the samples to be collected from the two Morning Canyon monitoring sites. Task 3 - Flow Monitoring Report and Submittal of Analytical Results The flow monitoring report will consist of a brief letter report explaining the field program and a summary the flow monitoring data. Hydrographs will be attached to the report. Flow data and hydrographs can be provided on a bi-weekly basis. It is out understanding that IRWD will manage all analytical data/reporting requirements associated with the samples collected from the Buck Gully. Analytical data associated with the two Morning Canyon monitoring stations will be reviewed and submitted to the City on a monthly basis. We have not included costs to develop a database or provide statistical analysis of analytical results COST Our estimated costs to perform Tasks 1 through 3 are summarized on the attached Table. Our work will be charged on a time and materials basis according to the attached Schedule of Charges which also describes the conditions for our services. Geornatrix looks forward to the opportunity to assist the City on this project. If you have any questions regarding this scope of work, please do not hesitate to contact the either of the undersigned at (949) 642-0245. Best regards, GEOMATRIX CONSULTANTS, INC. Maw Q. Lentz Senior Scientist Attachments: Estimated Costs Schedule of Charges Timothy S. Simpson, P.E. Vice President and Principal Engineer 0 0 SUMMARY PROJECTED COST3 City of Newport Beach DryVoaftr MONIwHq - M=" CaDYonPA'E Geomatrix Task 1A- Installation dThree Plow Mooimring Slalim, Task 1 elements, that flaw monitoring equipment will he provided by the City. Is is also assumed dut an enanchment Pencil will w be nesessuy mgaln ¢mus W in"[ the [latioas. Senior Technician 32 bens ® 82.0 S 2.21.00 Suff Eni ineedSdentist 36 hours ® 95.0 S 3,420.00 Senior Euginarrcionin 8 hmm ® 165.0 S 1,120.00 ' Principal EngimedSdentist 2 hours ® 225.0 S 150.00 Equipment Costs Insalatian caterids 3 sea ® Imm S 300.0 Vehicle a day, ® 75.00 S 300.00 S 8,114.00 Task 2A- Cullmtlon of Flow Dau and W atrr Quality SamPNs This ask aswmes dos the Dow deo will be downloaded end wear quality umpl¢s will be ncllened me timc euh waLJmonitoring eution for appros imatdy 15 woks Senim Teahnidan .9 Iwur, ® 82.0 S 738.11 Sulf EngincerlSdentist 9 hours ® 95.0 S 85S.00 Senim EntlinerNScientist 0.5 h. ® IM.O S 82.50 Equipment Cmu hflsr sunplino supplies I rri (m 25.0 5 25.00 Fiddmeter(pittemp.SC) 1 d,3 ® so00 3 50.0 Vehicle 1 day @ 75.0 S 75.0 Cent for l sampling event S 1,825.50 Cent for 15 s¢mplbg evenu S 27}8250 Analytiml Coos fa Monti, canyon Situ 3D mile, 800.00 S 21000.00 Total Cost S SOIL" 'hsk SA -flow Mmlloring Hepar) a9d Suhmitul of Aiulytiul Dm The flaw mnnitaring report will consist da brief letter report saplaining the field Program and summaritt d<Dow monitoring daw ArslytiW dna wi0 be suoa ived decamieally b the Ciry. Hydrogv�s will be marked m Me report Suftpsgin,saGmentiu 18 hour @ 95.00 $ 1,710.0 Senior Fagineentscfentist 6 horn 165.00 S 990.0 Principal EngineedScicnast 2 hours ® 225.Do S 45000 S 2,150.00 Tool Tnb l end S 6"46.50 Snurhr65Aa029060p06_Nepwl Beaa_Cosa u GEOMATRIX CONSULTANTS, INC. SCHEDULE OF CHARGES For the City of Newport Beach Effective January 27, 2006 0 The Schedule of Charges applies to all services provided by and/or through Geomatrix Consultants. LABOR: Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and correspondence and for the time associated with production of such documents Direct charges are not made for secretarial service, office management, accounting, and maintenance, because these items are included in overhead. Labor category charge rates for Geomatrix Consultants, Inc. are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will be provided on request. LABOR CATEGORY HOURLY RATE Principal $200-350 Senior Consultant 200-350 Senior Decision Analyst 200-250 Senior II 175-200 Senior 165 GIS Programmer/Web Designer 130 Project Il 125 Project I 115 Field Engineer 110 Staff II 105 Staff 95 Senior Technician 82 Field Technician 77 CAD/Graphic Designer 85 Project Assistant 68 Technical Editor 85 Support Staff 60 Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. When it is necessary for an employee to be away from the office ovemigh4 actual costs, or a negotiated rate, will be charged for living expenses. Employee expenses will be charged at cost plus 150!0. Charges for expert witness services will be at the hourly rates shown. However, for depositions and for court appearances, the rate is twice the amount shown. There will be a 4 -hour minimum per -day charge for depositions and an 8 -hour minimum per -day charge for court appearances. Special accounting services will be billed at the Support Staff rate. COMMUNICATIONS CHARGE: Four percent (4°/e) of Labor charges for routine photocopying, regular mail postage, and fax/telephon&oellular phone usage. OUTSIDE SERVICES: Outside services will be charged at cost plus 15%. Common outside items include: consultants, drilling services, laboratory testing, equipment and vehicle rental, printing and photographic work, postage and shipping, conference calls, travel and transportation. REIMBURSABLES: Non -routine Photocopies $0.12/sheet Specialized Computer Applications $25.00/hour Field equipment, vehicles, specialized reproduction On request Geomalrix Consultants is an Equal Oppartunity/Afrmative Action Employer, and as such adheres to all applicable federal, state, and local laws and regulations in this regard. 1:\M"KEnPmpo,J,\1006P N9$\01M8.PR0.0\Ntw Bt kcg,, orNe on&a6 sc& uk or Ua%au EXHIBIT B 0 .. jWy of Newport Beacib NO. BA 06BA-079 BUDGET AMENDMENT 2005-06 AMOUNT: $s2,s46.5o FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations NX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer budget appropriations for monitoring stations installation in Buck Gully. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account Description WENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: libed: Signed: Approval: Administrative Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $62,946.50 " Automatic $62,946.50 Date D e Date Description Division Number 7014 Misc. & Studies Account Number C5100805 Morning Canyon Stabilization Division Number 7014 Misc. & Studies Account Number C5100851 Misc Watershed Activities Division Number Account Number Division Number Account Number Division Number Account Number Signed: libed: Signed: Approval: Administrative Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $62,946.50 " Automatic $62,946.50 Date D e Date