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HomeMy WebLinkAboutC-3748 - PSA for Newport Coast Flow and Water Quality Assessment (Integrated ASBS Exception Letter Sampling and Reporting , Watershed Management Plan Preparation, and Grant Preparation)AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR INTEGRATED ASBS EXCEPTION LETTER SAMPLING AND REPORTING, WATERSHED MANAGEMENT PLAN PREPARATION, AND GRANT PREPARATION THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this akh ,y� day of krch 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City ") and WESTON SOLUTIONS, INC., a Pennsylvania corporation, whose local address is 2433 Impala Drive, Carlsbad, California, 92008, ( "Consultant "), is made with reference to the following: RECITALS A. On May 4, 2005, City and Consultant entered into a Professional Services Agreement which authorized Consultant to conduct storm water runoff and pollutant monitoring services as part of the Newport Coast Water Quality and Flow Assessment Project (hereinafter referred to as the "Agreement"). B. Under the Agreement, Consultant was hired to monitor storm water runoff and pollutants in eight Newport Coast canyons, including Buck Gully and Morro Canyon, and prepare a comprehensive Watershed Assessment Report with recommendations for protecting the marine life along the coastline (hereinafter referred to as the "Project"). Under the Agreement, City agreed to pay Consultant an amount not to exceed Three Hundred, Seventy-Four Thousand, Eight Hundred and Ninety Dollars ($374,890.00) for the services. This Agreement is scheduled to expire on December 31, 2006. C. On August 18, 2005, the City received a letter from the State Water Resources Control Board ( "State Water Board ") requesting that the City provide additional information and documentation in order to qualify for its requested exception from the waste discharge prohibition for Areas of Special Biological Significance ( "ASBS ") — specifically, the Newport Beach Marine Life Refuge Area. The City is required to submit a response to the letter by May 31, 2006. D. City desires to have Consultant prepare its response to the ASBS Exception Letter for submission to the State Water Board. In addition, City desires to have Consultant prepare a Newport Coast Watershed Management Plan, which will outline the recommended additional stabilization and restoration measures for each of the eight canyons in the watershed, among other things. E. City desires to enter into this Amendment No. 1 to reflect the additional services to be performed by Consultant, which were not included in the original Agreement. City also desires to extend the Agreement's term to June 30, 2007. 9 0 F. City desires to compensate Consultant for the additional professional services needed for Project. G. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1," as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined in the Scope of Work dated March 10, 2006, attached hereto as Exhibit A, and incorporated in full by this reference. Consultant agrees to meet the deadlines outlined in Exhibit A. 2. Total additional compensation to be paid to Consultant for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Ninety -Eight Thousand, Seven - Hundred and Fifty Dollars ($98,750.00). 3. The term of the Agreement shall be extended to June 30, 2007. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. [SIGNATURES ON FOLLOWING PAGE] FA 0 APPROVED AS TO FORM: X -, C� Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A - Scope of Work CITY OF NEPORT CH, A M Veb"b.,rMayor By: for the City of Newport Beach WESTON SOLUTIONS, INC.: By: i -1 --y (Corporate Officer) Title: Sr`3, wQ Print Name�o„1d IA. oh By: t v (Fin ncialOfficer) Title: Print Name: adi'd aae er f: \users\pbw\shared\agreements \fy 05- 06 \weston - newport coast flow amend 1.doc E ® Weston Solutions, Inc. 2411 Impala Drive Carlsbad, California 92008 760- 931 -8081 • rax760. 931.1580 ® www.westonsolutions.com Robert Stein Principal Civil Engineer Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 9 March 16, 2006 Subject: Scope and Proposed Fee for Integrated ASBS Exception Letter Sampling and Reporting, Watershed Management Plan Preparation and Implementation Grant Preparation for the Newport Beach Coast Region Dear Bob: Weston Solutions Inc. (Weston) is pleased to provide this proposal for completions of the following integrated tasks that support the City of Newport Beach in the planning activities to obtain the necessary data to define the potential impacts to the ASBSs, provide regulatory reporting, develop the plans that prioritize the steps to mitigate these impacts and restore the ASBS, and to obtain the necessary funding to implement these management actions and access their effectiveness. The tasks under this proposal include the following: 1. Sampling at Pelican Point in Support of Response to the ASBS Exception Letter dated August 2005 2. Consolidation of Data and Preparation of the Responses to the ASBS Exception Letter for the City of Newport Beach 3. Preparation of the Newport Coast Watershed Management Plan 4. Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan 5. Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Projects Weston brings to this effort working knowledge of the water quality issues of the Newport Coastal canyons and the associated ASBSs through our current assessment project. We can therefore complete the water quality portions of these tasks cost effectively through the current effort under the existing assessment contract. The Weston Team that will be preparing these responses and reports is also assisting the City of San Diego and the City of Laguna Beach with their response to their Exception Letters. We are also conducting sampling and preparing a watershed management plan for the City of San Diego for the La Jolla ASBS under a planning grant with Scripps Institute of Oceanography. We will use the experience from these other efforts and the communications with the State Board to support the City of Newport Beach on these tasks. We also understand the City's long -term restoration goals and the integration of an &wloyee-owned company EXHIBIT A :I Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 2 the planning studies with the these long -term goals and the need to set the foundation for meeting regulatory compliance requirements, basis for the prioritization and design of implantation control measures, and for the funding of these measures through the Consolidated and Integrated Watershed grant program. Below is the anticipated scope of the work, schedule and cost proposal on a task basis. The Pelican Point Community received from the State Board a letter dated August 2005 requested data and information on the discharges from the community to the ASBS. In order to provide the necessary data to respond to this letter, sampling of the storm water from the MS4 system that receives storm water flows from this community that discharges to the ASBS is needed. Scope of Work The scope of work for this task includes the installation of sampling equipment and collection of storm water samples for one storm event at designated locations in the MS4 system above and below the Pelican Point Community. Samples will be collected at a location up- stream of the community and down -stream of the largest drainage basin of the community to assess the contribution from the community. A third sample will be collected farther down -stream of the community to assess the contributions of constituents from potential down- gradient sources. Representative storm water samples will be collected and analyzed for the chemical constituents in accordance with the requirements of the August 2005 Exception Letter. No toxicity testing will be conducted. These results will be summarized in a letter report and integrated into the overall Water Quality and Flow Assessment Report for Newport Coast. Schedule The sampling will be conducted during a storm event following authorization from the City. Cost Proposal The estimate total effort for this project is $15,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer -8 hours Sr. Scientist/Biologist — 16 hours EXHIBIT A Mr. Robert Stein 311612006 Public Works Department, City of Newport Beach Page 3 Scientist 1— 12 hours Environmental Analyst — 40 hours Sr. Technician — 60 hours Expenses include travel totaling $60 Equipment Lease and Expendables - $3,872 Laboratory Analytical Costs - $2,178 This task includes support in the preparation of the response to the Exception Letter from the State Water Resources Control Board dated August 18, 2005. The specific scope for this project includes obtaining and compiling information and data from others and summarizing the results from the Newport Coast Water Quality and Flow Assessment being conducted by Weston to respond to the ten items listed in the Exception Letter. Scope of Work These items and the expected effort are outlined below: 1. Discharger's Name, Address, and Contact Information — To be provided by the City of Newport Beach (City). 2. NPDES Permit Number for the applicable discharges - To be provided by the City of Newport Beach (City). 3. Statement requesting coverage under an exception from ASBS waste discharge prohibition — Weston will meet with the City to discuss the approach to this statement. As discussed, it is recommended that the response to the exception letter provide not only the results to the items listed below, but also any conclusions on the constituents of concern, potential sources of primary loadings/impacts, and more importantly the recommended strategy to address the ASBS issues through specific monitoring/data gathering and management actions/BMP implementation planned by Newport Beach and Laguna Beach. As discussed, this response letter provides an opportunity to give recommended direction and practical solutions to the Board based on sound science and engineering knowledge and data currently and planned to be obtained during this planning phase. Clarification with the Board may be needed with regard to the specific discharges that are covered under the Exception letter and their relationship to the flows from the canyon creeks. 4. Documentation of storm water discharge not compromising protection of ocean waters for beneficial use. At a minimum provide quantitative description of marine life near the discharge and at reference location. — Weston will compile EXHIBIT A Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 4 data that has been collected by Minerals Management Service and other sources on the marine resources in the coastal rocky inter- and outer -tidal areas and summarize this data for submittal in response to this item. This existing data is predominantly on the ASBS at Crystal Cove. Weston will also outline the activities planned under the existing planning grants to further obtain baseline data in the ASBS at Little Corona. The response to this item will also describe the overall long -term approach the City is taking to protect and restore the ASBS through further investigation and effective reduction in the identified impacts. 5. Assessment of available,jlow and water quality data. — Weston will provide a summary of the baseline flow and water quality results that have been obtained from the Newport Coast Flow and Water Quality Assessment. Historical flow data for Buck Gully from Rivertech, Inc. and the groundwater seepage assessment by Todd Engineers will also be summarized. Current data from this year for Los Troncos and Muddy Creek that has been collected by the Irvine Company will be requested to include as supplemental data. These discharges are under a separate order. The results will be compared to the Ocean Plan guidelines where applicable. The effort for compiling the data from the ongoing Flow and Water Quality Assessment is covered under the existing contract for this work. 6. Characterization of the Watershed including land use, population density and percent impervious surfaces. Also include known pesticide and herbicide applications — Weston will work with the City's GIS department to obtain the watershed maps and the layers requested in this item. Information on pesticide application will be pursued through the City and added to the GIS maps. Weston will compile the maps from the GIS maps and layers provided by the City, and provide a written description of the information for this item. 7. A description of the Treatment Processes, BMPs, Pollution Controls in use or planned — Weston will meet with the City to obtain a summary of the current measures in place and planned. These will be summarized and an anticipated timeline for implementation provided along with the overall approach to implementation of these measures. The approach will consist of an iterative process in which control measures will be implemented based on the findings of the planning activities and priorities identified in the watershed management plans. As measures are implemented in a phased manner, monitoring will be conducted to demonstrate effectiveness and the need for additional measures. Measures will address the potential impacts that may include storm water from the coastal canyons creeks, dry weather flows, aerial deposition, tidal flow from Lower Newport Bay and public trampling and scavenging. 8. An analysis of alternatives to discharges into the ASBS. — Weston will obtain further information from the City on the management actions to reduce dry weather flows in the canyons and summarize these efforts (both in -place and planned) on maps and in text. The planned monitoring of the comparison of Buck Bully and Morning Canyon discharge areas to the ASBS as a result of dry weather EXHIBIT A 9 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 5 flow curtailment will be discussed and the overall goal of the Cities of Newport Beach and Laguna Beach of your urban runoff control programs to the ASBSs. 9. History of Drainages into the ASKS including spills and other discharge events — The City will provide this information. 10. Documentation that shows the public interest will be served by the exception — Weston will discuss with the City the response to this item. As discussed this response can provide an opportunity to outline the City's overall goals and approach to the restoration and preservation of the ASBSs which is in the interest of the public. Schedule • The response to the August Exception Letter from the State Water Board is due May 31, 2006. • Weston will meet with the City within a week of receiving authorization to obtain available data and/or contacts for these data to prepare the responses. • Weston will prepare a memorandum by March 27, 2006 that outlines for each item the data received /obtained, any outstanding datalinformation, and an outline of the content and approach to the responses. • Weston will compile the data and information for the responses and prepare a working draft of the responses for review by the City by April 10, 2006. Results from the third wet weather sampling event should be available by the beginning of April to complete this working draft. • A revised draft based on comments from the City will be submitted by Weston by May 8, 2006. • A final response package will be provided to the City by May 22, 2006 for final authorization and submittal to the State Water Board. Cost Proposal The estimate total effort for this project is $13,750. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer — 38 hours QA Sr. Scientist/Biologist — 10 hours GIS Specialist — 16 hours Scientist II — 54 hours Work Processor/Editor — 8 hours Contract Admin. — 2 hours Expenses include travel totaling $123 EXHIBIT A 0 Mr. Robert Stein 3/1612006 Public Works Department, City of Newport Beach Page 6 Task 3 - Preparation of the Newport Coast Watershed Management Plan Scope of Work The scope of work for this task includes the development of the Watershed Management Plan (WMP) for the Newport Coast. The WMP will outline the recommended additional stabilization and restoration measures for each of the eight (8) canyons in the watershed using the information gathered for the Watershed Assessment and Water Quality, Ecological Indicator and Flow Measurement Programs. These data will be collected and summarized as part of Task 4. Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed/constructed. The Watershed Management Plan will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. The WMP will set priorities for implementation of these measures and be used to develop implementation project for the Integrated Watershed Grant program. Weston will submit the WMP to the Grant Manager and WMAC for review and comment. Weston will finalize the WMP incorporating comments received and submit to the Grant Manager. Schedule The draft WMP will be submitted by July 1, 2006. The final WMP will be submitted 60 days following the submittal of the draft or within 20 days of receiving final comments. Cost Proposal The estimate total effort for this project is $45,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Principal Investigator— 12 hours Project Manager/Project Engineer — 60 hours QA Sr. Scientist/Biologist — 56 hours GIS Specialist — 68 hours Scientist lI — 80 hours Scientist I — 120 hours EXHIBIT A r1 `J Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 7 Environmental Analyst — 78 hours Work Processor/Editor — 48 hours Expenses include production and travel totaling $358 This task includes the preparation of a summary report on each of the sub- drainage areas within the Buck Gully and Morning Canyon watersheds that includes the data and information collected to date regarding vegetation type, soil type, topography, slope, number of drains entering the canyon, time of concentration for the 100 yrs storm event and other hydrological information. These data will be consolidated and summarized in a report with graphical presentation of the data to allow for a spatial understanding of the physical conditions linked to the water quality and flow results from these canyons. This effort will be conducted as part of the scope of work under the Drainage Analysis Task for the Newport Coast Water Quality and Flow Assessment. The original scope of work included the completion of a drainage analysis of the canyons. Since this effort is similar in scope and objective, the current scope will be modified to the scope covered under this task. This task will therefore be completed under the current contract per this modified scope. Task 5 - Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Proiects Scope of Work The overall goal of this work is to develop and submit a successful grant application under the 2005 -2006 Consolidated Grants Program. This will provide the City of Newport Beach the resources to implement the tasks that reduce negative impacts to the two Marine Life Refuge Areas (ASBS). It will also create educational and training opportunities for the City staff, the community, and stakeholders to protect and preserve these areas. These tasks will further support the ASBS exception process under the current regulatory framework. The Newport Coast ASBS program is highly suited for this grant as your program is well ahead of other ASBS programs in the State, and has been designated as a Pilot Project. The results of the current coastal canyon water quality and flow study, and additional studies underway or planned under the Planning Grant will provide a strong foundation to base approaches and designs proposed under the Implementation Grant. In addition, erosion control projects being designed for Buck Gully can be coordinated and enhanced to address potential constituents of concern to the ASBS. EXHIBIT A 0 r] Mr. Robert Stein 3/1612006 Public Works Department, City of Newport Beach Page 8 The tasks under this scope of work include preparation of a work plan, meetings with the application partners, attending the grant workshop and preparation of the grant application. These tasks are further defined as follows: Develop Work Plan and Facilitate Meeting: Weston will prepare the work plan for the grant application to define the goals, approach, tasks, schedule, partners and funding request. This work plan will be distributed and presented to the grant application partners for review and comment. A work plan meeting will be held with the partners to reach consensus on the goals and tasks detailed in the grant application. Weston will facilitate the meeting and provide meeting minutes that will be distributed to the partners documenting consensus items and any follow -up action items. The work plan will described each of the tasks included in the application. Based on discussions with you to date, the following tasks are being considered for inclusion in the grant application: I . Implementation - Further Development of Conceptual Design of Source Controls and BMPs 2. Implementation of Source Controls and Integration of Erosion /Sediment Control BMPs with Other Potential Treatment/Controls for Constituents that are identified as potentially impacting ASBS based on the current water quality 3. Development of Community Outreach/Education — Video of Marine Resources 4. Preparation of Long -term Monitoring Plan and Completion of 1 -2 years of Monitoring to Assess Effectiveness 5. Introduction and Renovation of an addition species to the ASBS 6. Coordination and Facilitation of Outreach Meetings with Local Fisherman 7. Completion of Study to Determine Impacts to the floralfauna change in the rocky inter -tidal areas at Buck Gully vs. Morning Canyon as dry - weather flows are curtailed These tasks will be further discussed with you and the other partners at the work plan meeting to reach consensus on the final task to be included. Attend Grant Workshop and Meetings: Weston will attend the Consolidated Grant workshop scheduled for November 2005 to assure key requirements and components of the application are met. Weston will also meet with the City of Newport Beach at the initiation of the effort (project kick -off), and periodic (up to 3 meetings) to review progress and obtain input on the work plan and application. Prepare Grant Applications: Weston will prepare the grant application for the 2005 -2006 Consolidated Grants Program under the Coastal Non -Point Source Pollution Control EXHIBIT A • ! Weston Solutions, Inc. 2433 Impala Drive Carlsbad, California 92008 t 760. 931- 8081•Fax 760 -931 -1580 3/16/26 www.weslonsolutions.com of Newport Beach Page 9 Program. This program has approximately $10 million of funds ear - marked for ASBS projects. Weston will prepare responses for each of the concept proposal project questions, evaluation criteria checklist and application fields for the Financial Assistance Application Submittal Tool (FAAST). Schedule The application will be submitted by the deadline of February 9, 2006. Proposed Fee The following cost proposal is presented on a task total not -to- exceed effort: Project Manager /Engineer -124 hours Environmental Analyst — 60hrs. Word Processing/Graphic Designer - 54 firs. Task Total - $25,000 SUMMARY OF TOTAL COSTS TASK ESTIMATED TASK TOTAL COST Task 1 - Sampling at Pelican Point in Support of $15,000 Response to the ASBS Letter for the City of Newport Beach Task 2 - Exception Letter dated August 2005 $13,750 Consolidation of Data and Preparation of the Responses to the ASBS Exception Task 3 - Preparation of the Integrated Coastal $45,000 Watershed Management Plan Task 4 - Preparation of a Summary Report on No Additional Cost — Covered Watershed Physical Characteristics in Support of under current Contract as a the Watershed Management Plan Modified Scope Item Task 5 - Preparation of the Consolidated 2004- $25,000 2005 Grant Application for Implementation Projects TOTAL $98,750 an employee -owned company EXHIBIT A ED 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 10 Please call me at 760 -931 -8081 or 760 - 497 -3318 if you have any questions on this proposal. cc: L. Kay Very truly yours, Weston Solutions, Inc. David H. Pohl, Ph.D., P.E. Sr. Project Manager EXHIBIT A • � C3 � /��`7 avJb CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 March 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS RECOMMENDATIONS: 1. Approve a Budget Amendment transferring $17,500 from the Newport Coast Watershed Program Groundwater Source Identification Account (7012- C5100810) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779.) 2. Approve a Budget Amendment transferring $7,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779.) 3. Approve a Budget Amendment transferring $13,750 from the Unappropriated General Fund reserves to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779.) 4. Approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions Inc. of Carlsbad, California at a not -to- exceed fee of $98,750 and authorize the Mayor and City Clerk to execute the Agreement for the following work: Task 1: Sampling at Pelican Point in Support of Response to the Areas of Special Biological Significance (ASBS) Exception Letter Task 2: Preparing the ASBS Exception Letter for the City of Newport Beach Task 3: Preparing the Watershed Management Plan, Task 4: Preparing a Summary Report on Watershed Physical Characteristics and Task 5: Preparing the ASBS Consolidated 2004 -2005 Implementation Grant Application Newport Coast Flow and Water CoAssessmenl- Amendment No. 1 to Professional As Agreement with Weston solutions March 28, 2006 Page 2 DISCUSSION: The City has initiated a watershed management program for Newport Coast. One of the primary goals of this program is to protect sensitive marine life areas, the so- called Areas of Special Biological Significance (ASBS), along this stretch of coastline from Little Corona to Morro Creek. In order to characterize the water quality flowing from the watershed canyons to the ASBSs, the City approved a professional service agreement with Weston Solutions Inc. (Weston) on May 4, 2005 to perform flow and water quality sampling and. analysis for eight canyons in the Newport Coast watershed. Weston has now completed the sampling for two dry weather periods and three storm events and will be preparing a report of its findings in the next two months. Attachment 2 is a proposal from Weston Solutions to complete the next necessary steps. The five tasks proposed to be added to Weston's scope of work are summarized as follows: Task 1: Sampling at Pelican Point in Support of Response to the ASBS Exception Letter In December 2005, the Pelican Point Homeowner Association became the first HOA in the state to receive a notification that it was in violation of the Ocean Plan because of direct discharges to the beach. The HOA has asked for our assistance. It makes sense to fold the HOA into the City's watershed planning. In anticipation of this, staff directed Weston to perform supplemental flow and water quality testing at critical points in the Pelican Point watershed to provide information needed in the exception request. The $15,000 budget for this task is being funded from a budget transfer from the NPDES (National Pollutant Discharge Elimination System) Administration account. Negotiations are underway for a future reimbursement contribution from the Pelican Point HOA. Task 2: Preparing the ASBS Exception Letter for the City of Newport Beach As part of the State's efforts to protect ASBSs, the City received a letter from the State Water Resources Control Board (SWRCB) in 2004, included as Attachment 3, notifying the City that discharges from pipes and V- ditches to the beach from the Shorecliffs and Cameo Shores communities were illegal and to cease these discharges or be in violation of the Ocean Plan. The City sent a letter to the SWRCB requesting an exception from the Ocean Plan. In response, the SWRCB requires the City to provide specific information to support the exception application. Attachment 4 is the August 18, 2005 letter from the SWRCB. Weston is able to provide the information and documentation required by this letter including a plan to eliminate the illegal discharges. The budget for this task is $13,750 to be funded from the General Fund. Task 3: Preparing the Watershed Management Plan One of the tasks under the Proposition 13 Watershed grant is preparation of a management plan to outline stabilization and restoration programs for the watershed canyons. Weston's work in the flow and water quality monitoring has been very good and has provided the firm with a good overview of issues in the watershed. Staff recommends that Weston prepare the management plan coordinating as necessary with other City consultants that have performed other studies or projects in the watershed. The budget for this task is $45,000 and will be funded with Proposition 13 monies awarded to the City by the State Water Resources Control Board on a reimbursement basis. V Newport Coast Flow and Water CA Assessment- Amendment No. 1 to Professional Sees Agreement with Weston Solutions March 28, 2006 Page 3 Task 4: Preparing a Summary Report on Watershed Physical Characteristics Weston will increase the scope of its assessment of the watershed to include additional information on subbasin drainage, soil types, vegetation and topographic considerations. This extra work will be completed with no additional costs to the contract. Task 5: Preparing the ASBS Consolidated 2004 -2005 Implementation Grant Application Under staff supervision, Weston has prepared the ASBS Implementation grant application concept proposal with a funding request of almost $1.6 million. Tasks proposed under this grant include construction of the Buck Gully Erosion Control project, continuing renovation efforts at Little Corona ASBS, production of high quality marine resources video, two years of monitoring and other community outreach tasks. The City was informed on March 14th that the Concept Proposal has been reviewed by the State Water Resources Control Board and the City has now been invited to submit a Full Proposal application. Our chances are now excellent to receive at least partial funding. The budget for this task is $25,000 with funds to be transferred from the Newport Coast Watershed Program Groundwater Source Identification Account and from the Morning Canyon Stabilization project. Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Funding Availability: Upon approval of the budget amendment, funds for the project will be available in the following accounts: Account Description Contributions General Fund NPDES Administration Prepared by: QW(5�- � Robert Stein, P.E. Principal Civil Engineer Account Number 7255- C5100779 7012- C5100779 2371 -80808 Amount $45,000 $38,750 $15,000 Total: $98,750 Submitted by: t en G. Badum- ublic Works Director Attachments: 1. Amendment No. 1 to the Professional Services Agreement 2. Proposal from Weston Solutions dated March 16, 2006 3. October 18, 2004 Letter from the SWRCB 4. August 18, 2005 Letter from the SWRCB 5..Budget:Amendment:- ,. a 0 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR INTEGRATED ASBS EXCEPTION LETTER SAMPLING AND REPORTING, WATERSHED MANAGEMENT PLAN PREPARATION, AND GRANT PREPARATION THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this_ day of 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City ") and WESTON SOLUTIONS, INC., a Pennsylvania corporation, whose local address is 2433 Impala Drive, Carlsbad, Califomia, 92008, ( "Consultant "), is made with reference to the following: RECITALS A. On May 4, 2005, City and Consultant entered into a Professional Services Agreement which authorized Consultant to conduct storm water runoff and pollutant monitoring services as part of the Newport Coast Water Quality and Flow Assessment Project (hereinafter referred to as the "Agreement "). B. Under the Agreement, Consultant was hired to monitor storm water runoff and pollutants in eight Newport Coast canyons, including Buck Gully and Morro Canyon, and prepare a comprehensive Watershed Assessment Report with recommendations for protecting the marine life along the coastline (hereinafter referred to as the "Project "). Under the Agreement, City agreed to pay Consultant an amount not to exceed Three Hundred, Seventy -Four Thousand, Eight Hundred and Ninety Dollars ($374,890.00) for the services. This Agreement is scheduled to expire on December 31, 2006. C. On August 18, 2005, the City received a letter from the State Water Resources Control Board ( "State Water Board ") requesting that the City provide additional information and documentation in order to qualify for its requested exception from the waste discharge prohibition for Areas of Special Biological Significance ("ASBS ") — specifically, the Newport Beach Marine Life Refuge Area. The City is required to submit a response to the letter by May 31, 2006. D. City desires to have Consultant prepare its response to the ASBS Exception Letter for submission to the State Water Board. In addition, City desires to have Consultant prepare a Newport Coast Watershed Management Plan, which will outline the recommended additional stabilization and restoration measures for each of the eight canyons in the watershed, among other things. E. City desires to enter into this Amendment No. 1 to reflect the additional services to be performed by Consultant, which were not included in the original Agreement. City also desires to extend the Agreement's term to June 30, 2007. k 0 • F. City desires to compensate Consultant for the additional professional services needed for Project. G. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1," as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined in the Scope of Work dated March 10, 2006, attached hereto as Exhibit A, and incorporated in full by this reference. Consultant agrees to meet the deadlines outlined in Exhibit A. 2. Total additional compensation to be paid to Consultant for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Ninety -Eight Thousand, Seven - Hundred and Fifty Dollars ($98,750.00). 3. The term of the Agreement shall be extended to June 30, 2007. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. [SIGNATURES ON FOLLOWING PAGE] 2 APPROVED AS TO FORM: 'e'' C . Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OF NEWPORT BEACH, A Municipal Corporation By: Don Webb, Mayor for the City of Newport Beach WESTON SOLUTIONS, INC.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: fAusers\pbw\shared\agreements \fy 05- 06\weston - newport coast flow amend i.dec S ■ L Weston Solutions, Inc. 2433 I la Drive Carlsbad, California 92008 760- 931.8001 • Fax 760+931 -1580 �e w .westonsolutions.com Robert Stein Principal Civil Engineer Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 I- 6_1 March 16, 2006 Subject: Scope and Proposed Fee for Integrated ASBS Exception Letter Sampling and Reporting, Watershed Management Plan Preparation and Implementation Grant Preparation for the Newport Beach Coast Region Dear Bob: Weston Solutions Inc. (Weston) is pleased to provide this proposal for completions of the following integrated tasks that support the City of Newport Beach in the planning activities to obtain the necessary data to define the potential impacts to the ASBSS, provide regulatory reporting, develop the plans that prioritize the steps to mitigate these impacts and restore the ASBS, and to obtain the necessary funding to implement these management actions and access their effectiveness. The tasks under this proposal include the following: L Sampling at Pelican Point in Support of Response to the ASBS Exception Letter dated August 2005 1 Consolidation of Data and Preparation of the Responses to the ASBS Exception Letter for the City of Newport Beach 3. Preparation of the Newport Coast Watershed Management Plan 4. Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan 5. Preparation of the Consolidated 20042005 Grant Application for Implementation Projects Weston brings to this effort working knowledge of the water quality issues of the Newport Coastal canyons and the associated ASBSs through our current assessment project. We can therefore complete the water quality portions of these tasks cost effectively through the current effort under the existing assessment contract. The Weston Team that will be preparing these responses and reports is also assisting the City of San Diego and the City of Laguna Beach with their response to their Exception Letters. We are also conducting sampling and preparing a watershed management plan for the City of San Diego for the La Jolla ASBS under a planning grant with Scripps Institute of Oceanography. We will use the experience from these other efforts and the communications with the State Board to support the City of Newport Beach on these tasks. We also understand the City's long -term restoration goals and the integration of an empfoyee-owned company EXHIBIT A S. 0 0 Mr. Robert Stein 3/1612006 Public Works Department, City of Newport Beach Page 2 the planning studies with the these long -term goals and the need to set the foundation for meeting regulatory compliance requirements, basis for the prioritization and design of implantation control measures, and for the funding of these measures through the Consolidated and Integrated.Watershed grant program. Below is the anticipated scope of the work, schedule and cost proposal on a task basis. The Pelican Point Community received from the State Board a letter dated August 2005 requested data and information on the discharges from the community to the ASBS. In order to provide the necessary data to respond to this letter, sampling of the storm water from the MS4 system that receives storm water flows from this community that discharges to the ASBS is needed. Scope of Work The scope of work for this task includes the installation of sampling equipment and collection of storm water samples for one storm event at designated locations in the MS4 system above and below the Pelican Point Community. Samples will be collected at a location up- stream of the community and down- stream of the largest drainage basin of the community to assess the contribution from the community. A third sample will be collected farther down -stream of the community to assess the contributions of constituents from potential down- gradient sources. Representative storm water samples will be collected and analyzed for the chemical constituents in accordance with the requirements of the August 2005 Exception Letter. No toxicity testing will be conducted. These results will be summarized in a letter report and integrated into the overall Water Quality and Flow Assessment Report for Newport Coast, Schedule The sampling will be conducted during a storm event following authorization from the City. Cost Proposal The estimate total effort for this project is $15,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer — 8 hours Sr. Scientist/Biologist — 16 hours EXHIBIT A . M, L 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 3 Scientist 1— 12 hours Environmental Analyst -40 hours Sr. Technician — 60 hours Expenses include travel totaling $60 Equipment Lease and Expendables - $3,872 Laboratory Analytical Costs - $2,178 This task includes support in the preparation of the response to the Exception Letter from the State Water Resources Control Board dated August 18, 2005. The specific scope for this project includes obtaining and compiling information and data from others and summarizing the results from the Newport Coast Water Quality and Flow Assessment _ being conducted by Weston to respond to the ten items fisted in the Exception Letter. Scope of Work These items and the expected effort are outlined below: 1. Discharger's Name, Address, and Contact Information — To be provided by the City of Newport Beach (City). 2. NPDES Permit Number for the applicable discharges - To be provided by the City of Newport Beach (City). 3. Statement requesting coverage under an exception from ASBS waste discharge prohibition — Weston will meet with the City to discuss the approach to this statement. As discussed, it is recommended that the response to the exception letter provide not only the results to the items listed below, but also any conclusions on the constituents of concern, potential sources of primary loadings/impacts, and more importantly the recommended strategy to address the ASBS issues through specific monitoring/data gathering and management actions/BMP implementation planned by Newport Beach and Laguna Beach. As discussed, this response letter provides an opportunity to give recommended direction and practical solutions to the Board based on sound science and engineering knowledge and data currently and planned to be obtained during this planning phase. Clarification with the Board may be needed with regard to the specific discharges that are covered under the Exception letter and their relationship to the flows from the canyon creeks. 4. Documentation of storm water discharge not compromising protection of ocean waters for beneficial use. At a minimum provide quantitative description of marine life near the discharge and at reference location. — Weston will compile EXHIBIT A ti • P Mr. Robert. Stein 3/16/2006 Public Works Department, City of Newport Beach Page 4 data that has been collected by Minerals Management Service and other sources on the marine resources in the coastal rocky inter- and outer -tidal areas and summarize this data for submittal in response to this item. This existing data is predominantly on the ASBS at Crystal Cove. Weston will also outline the activities planned under the existing planning grants to further obtain baseline data in the ASBS at Little Corona. The response to this item will also describe the overall long -term approach the City is taking to protect and restore the ASBS through further investigation and effective reduction in the identified impacts. S. Assessment of available flaw and water quality data. — Weston will provide a summary of the baseline flow and water quality results that have been obtained 'from the Newport Coast Flow and Water Quality Assessment. Historical flow data for Buck Gully from Rivertech, Inc. and the groundwater seepage assessment by Todd Engineers will also be summarized. Current data from this year for Los Troncos and Muddy Creek that has been collected by the Irvine Company will be requested to include as supplemental data. These discharges are under a separate order. The results will be compared to the Ocean Plan guidelines where applicable. The effort for compiling the data from the ongoing Flow and Water Quality Assessment is covered under the existing contract for this work. 6. Characterization of the Watershed including land use, population density and percent impervious surfaces. Also include known pesticide and herbicide applications — Weston will work with the City's GIS department to obtain the watershed maps and the layers requested in this item. Information on pesticide application will be pursued through the City and added to the GIS maps. Weston will compile the maps from the GIS maps and layers provided by the City, and provide a written description of the information for this item. 7. A description of the Treatment Processes, BMPs, Pollution Controls in use or planned — Weston will meet with. the City to obtain a summary of the current measures in place and planned. These will be summarized and an anticipated . timeline for implementation provided along with the overall approach to implementation of these measures. The approach will consist of an iterative process in which control measures will be implemented based on the findings of the planning activities and priorities identified in the watershed management plans. As measures are implemented in a phased manner, monitoring will be conducted to demonstrate effectiveness and the need for additional measures. Measures will address the potential impacts that may include storm water from the coastal canyons creeks, dry weather flows, aerial deposition, tidal flow from Lower Newport Bay and.public trampling and scavenging. 8. An analysis of alternatives to discharges into the ASBS. — Weston will obtain further information from the City on the management actions to reduce dry weather flows in the canyons and summarize these efforts (both in -place and planned) on maps and in text. The planned monitoring of the comparison of Buck Bully and Morning Canyon discharge areas to the ASBS as a result of dry weather EXHIBIT A 10 • • Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 5 flow curtailment will be discussed and the overall goal of the Cifies of Newport Beach and Laguna Beach of your urban runoff control programs to the ASBSs. 9. History of Drainages into the ASBS including spills and other discharge events — The City will provide this information. 10. Documentation that shows the public interest will be served by the exception — Weston will discuss with the City the response to this item. As discussed this response can provide an opportunity to outline the City's overall goals and approach to the restoration and preservation of the ASBSs which is in the interest of the public. Schedule • The response to the August Exception Letter from the State Water Board is due May 31, 2006. • Weston will meet with the City within a week of receiving authorization to obtain available data and /or contacts for these data to prepare the responses. • Weston will prepare a memorandum by March 27, 2006 that outlines for each item the data received /obtained, any outstanding datatinformation, and an outline of the content and approach to the responses. • Weston will compile the data and information for the responses and prepare a working draft of the responses for review by the City by April 10, 2006. Results from the third wet weather sampling event should be available by the beginning of April to complete this working draft. • A revised draft based on comments from the C_ ity will be submitted by Weston by May 8, 2006. • A final response package will be provided to the City by May 22, 2006 for final authorization and submittal to the State Water Board. Cost Proposal The estimate total effort for this project is $13,750. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer — 38 hours QA Sr. ScientistBiologist — 10 hours GIS Specialist — 16 hours Scientist II — 54 hours Work Processor/Editor— 8 hours Contract Admin. — 2 hours Expenses include travel totaling $123 EXHIBIT A 91 0 .0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 6 Task 3 - Preparation of the Newport Coast Watershed Management Plan Scope of Work The scope of work for this task includes the development of the Watershed Management Plan (WMP) for the Newport Coast. The WMP will outline the recommended additional stabilization and restoration measures for each of the eight (8) canyons in the watershed using the information gathered for the Watershed Assessment and Water Quality, Ecological Indicator and Flow Measurement Programs. These data will be collected and summarized as part of Task 4. Each canyon program will include detailed recommendations for streambed restoration, dry - weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed/constructed. The Watershed Management Plan will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. The WMP will set priorities for implementation of these measures and be used to develop implementation project for the Integrated Watershed Grant program. Weston will submit the WMP to the Grant Manager and WMAC for review and comment. Weston will finalize the WMP.incorporating comments received and submit to the Grant Manager. Schedule The draft WMP will be submitted by July 1, 2006. The final WMP will be submitted 60 days following the submittal of the draft or within 20 days of receiving final comments. Cost Proposal The estimate total effort for this project is $45,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Principal Investigator— 12 hours Project Manager /Project Engineer — 60 hours QA Sr. ScientistBiologist — 56 hours GIS Specialist — 68 hours Scientist 11— 80 hours Scientist 1— 120 hours EXHIBIT A i7 • 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 7 Environmental Analyst — 78 hours Work Processor/Editor -48 hours Expenses include production and travel totaling $358 This task includes the preparation of a summary report on each of the sub - drainage areas within the Buck Gully and Morning Canyon watersheds that includes the data and information collected to date regarding vegetation type, soil type, topography, slope, number of drains entering the canyon, time of concentration for the 100 yrs storm event and other hydrological information. These data will be consolidated and summarized in a report with graphical presentation of the data to allow for a spatial understanding of the physical conditions linked to the water quality and flow results from these canyons. This effort will be conducted as part of the scope of work under the Drainage Analysis Task for the Newport Coast Water Quality and Flow Assessment. The original scope of work included the completion of a drainage analysis of the canyons. Since this effort is similar in scope and objective, the current scope will be modified to the scope covered under this task. This task will therefore be completed under the current contract per this modified scope. Scone of Work The overall goal of this work is to develop and submit a successful grant application under the 2005 -2006 Consolidated Grants Program. This will provide the City of Newport Beach the resources to implement the tasks that reduce negative impacts to the two Marine Life Refuge Areas (ASBS). It will also create educational and training opportunities for the City staff, the community, and stakeholders to protect and preserve these areas. These tasks will further support the ASBS exception process under the current regulatory framework. The Newport Coast ASBS program is highly suited for this grant as your program is well ahead of other ASBS programs in the State, and has been designated as a Pilot Project. The results of the current coastal canyon water quality and flow study, and additional studies underway or planned under the Planning Grant will provide a strong foundation to base approaches and designs proposed under the Implementation Grant. In addition, erosion control projects being designed for Buck Gully can be coordinated and enhanced to address potential constituents of concern to the ASBS. EXHIBIT A �t • • Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 8 The tasks under this scope of work include preparation of a work plan, meetings with the application partners, attending the grant workshop and preparation of the grant application. These tasks are further defined as follows: . Develop Work Plan and Facilitate Meeting: Weston will prepare the work plan for the grant application to define the goals, approach, tasks, schedule, partners and funding request. This work plan will be distributed and presented to the grant application partners for review and comment. A work plan meeting will be held with the partners to reach consensus on the goals and tasks detailed in the grant application. Weston will facilitate the meeting and provide meeting minutes that will be distributed to the partners documenting consensus items and any follow -up action items. The work plan will described each of the tasks included in the application. Based on discussions with you to date, the following tasks are being considered for inclusion in the grant application: 1. Implementation - Further Development of Conceptual Design of Source Controls and BMPs 2. Implementation of Source Controls and Integration of Erosion/Sediment Control BMPs with Other Potential Treatment/Controls for Constituents that are identified as potentially impacting ASBS based on the current water quality 3. Development of Community Outreach/Education — Video of Marine Resources 4. Preparation of Long -term Monitoring Plan and Completion of 1 -2 years of Monitoring to Assess Effectiveness 5. Introduction and Renovation of an addition species to the ASBS 6. Coordination and Facilitation of Outreach Meetings with Local Fisherman 7. Completion of Study to Determine Impacts to the flora/fauna change in the rocky inter -tidal areas at Buck Gully vs. Morning Canyon as dry- weather flows are curtailed These tasks will be further discussed with you and the other partners at the work plan meeting to reach consensus on the final task to be included. Attend Grant Workshop and Meetings: Weston will attend the Consolidated Grant workshop scheduled for November 2005 to assure key requirements and components of the application are met. Weston will also meet with the City of Newport Beach at the initiation of the effort (project kick -off), and periodic (up to 3 meetings) to review progress and obtain input on the work plan and application. Prepare Grant Applications: Weston will prepare the grant application for the 2005 -2006 Consolidated Grants Program under the Coastal Non -Point Source Pollution Control EXHIBIT A In 0 E MWeston Solutionse Inc. 2473 Ircq�ala Drive Carlsbad, California 92008 760. 931.8081 • Fax 760.931.1580 3/16/2006 www.westonsolutions.com of Newport Beach Page 9 Program. This program has approximately $ l0 million of funds ear - marked for ASBS projects. Weston will prepare responses for each of the concept proposal project questions, evaluation criteria checklist and application fields for the Financial Assistance Application Submittal Tool (FAAST). Schedule The application will be submitted by the deadline of February 9, 2006. Proposed Fee The following cost proposal is presented on a task total not -to- exceed effort: Project Manager/Engineer -124 hours Environmental Analyst — 60hrs. Word Processing/Graphic Designer - 54 hrs. Task Total - $25,000 SUMMARY OF TOTAL COSTS TASK ESTIMATED TASK TOTAL COST Task 1 - Sampling at Pelican Point in Support of $1.5,000 Response to the ASBS Letter for the City of Newport Beach Task 2 - Exception Letter dated August 2005 $13,750 Consolidation of Data and Preparation of the Responses to the ASBS Exception Task 3 - Preparation of the Integrated Coastal $45,000 Watershed Management Plan Task 4 - Preparation of a Summary Report on No Additional Cost — Covered Watershed Physical Characteristics in Support of under current Contract as a the Watershed Management Plan Modified Scope Item Task 5 - Preparation of the Consolidated 2004- . $25,000 2005 Grant Application for Implementation Projects TOTAL $98,750 an employee -owned company 00, P. W.1 LJ 1' i Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 10 Please call me at 760 - 931 -8081 or 760 -497 -3318 if you have any questions on this proposal. cc: L. Kay Very truly yours, Weston Solutions, Inc. David H. Pohl, Ph.D., P.E. Sr. Project Manager EXHIBIT A �b • M � Weston Solutions, Inc. 2473 Impala Drive Carlsbad California 92008 760- 931 -8081 • rax 760-931 -1580 �e v~.westonsolutions.com Robert Stein Principal Civil Engineer Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 LIJ March 16, 2006 Subject: Scope and Proposed Fee for Integrated ASBS Exception Letter Sampling and Reporting, Watershed Management Plan Preparation and Implementation Grant Preparation for the Newport Beach Coast Region I 11177M TI Weston Solutions Inc. (Weston) is pleased to provide this proposal for completions of the following integrated tasks that support the City of Newport Beach in the planning activities to obtain the necessary data to define the potential impacts to the ASBSs, provide regulatory reporting, develop the plans that prioritize the steps to mitigate these impacts and restore the ASBS, and to obtain the necessary funding to implement these management actions and access their effectiveness. The tasks under this proposal include the following: 1. Sampling at Pelican Point in Support of Response to the ASBS Exception Letter dated August 2005 2. Consolidation of Data and Preparation of the Responses to the ASBS Exception Letter for the City of Newport Beach 3. Preparation of the Newport Coast Watershed Management Plan 4. Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan 5. Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Projects Weston brings to this effort working knowledge of the water quality issues of the Newport Coastal canyons and the associated ASBSs through our current assessment project. We can therefore complete the water quality portions of these tasks cost effectively through the current effort under the existing assessment contract. The Weston Team that will be preparing these responses and reports is also assisting the City of San Diego and the City of Laguna Beach with their response to their Exception Letters. We are also conducting sampling and preparing a watershed management plan for the City of San Diego for the La Jolla ASBS under a planning grant with Scripps Institute of Oceanography. We will use the experience from these other efforts and the communications with the State Board to support the City of Newport Beach on these tasks. We also understand the City's long -term restoration goals and the integration of an emplcyee�wned company Attachment 2 11401 11 • 1 0 Mr. Robert Stein 3116/2006 Public Works Department, City of Newport Beach Page 2 the planning studies with the these long -term goals and the need to set the foundation for meeting regulatory compliance requirements, basis for the prioritization and design of implantation control measures, and for the funding of these measures through the Consolidated and Integrated Watershed grant program. Below is the anticipated scope of the work, schedule and cost proposal on a task basis. The Pelican Point Community received from the State Board a letter dated August 2005 requested data and information on the discharges from the community to the ASBS. In order to provide the necessary data to respond to this letter, sampling of the storm water from the MS4 system that receives storm water flows from this community that discharges to the ASBS is needed. Scope of Work The scope of work for this task includes the installation of sampling equipment and collection of storm water samples for one storm event at designated locations in the MS4 system above and below the Pelican Point Community. Samples will be collected at a location up- stream of the community and down - stream of the largest drainage basin of the community to assess the contribution from the community. A third sample will be collected farther down- stream of the community to assess the contributions of constituents from potential down - gradient sources. Representative storm water samples will be collected and analyzed for the chemical constituents in accordance with the requirements of the August 2005 Exception Letter. No toxicity testing will be conducted. These results will be summarized in a letter report and integrated into the overall Water Quality and Flow Assessment Report for Newport Coast. Schedule The sampling will be conducted during a storm event following authorization from the City. Cost Proposal The estimate total effort for this project is $15,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer -8 hours Sr. Scientist/Biologist — 16 hours Attachment 2 13 WFS�T�YV . � UIVAONi ,. Public Works Department, City of Newport Beach Scientist I — 12 hours Environmental Analyst — 40 hours Sr. Technician — 60 hours Expenses include travel totaling $60 Equipment Lease and Expendables - $3,872 Laboratory Analytical Costs - $2,178 3/16/2006 Page 3 This task includes support in the preparation of the response to the Exception Letter from the State Water Resources Control Board dated August 18, 2005. The specific scope for this project includes obtaining and compiling information and data from others and summarizing the results from the Newport Coast Water Quality and Flow Assessment being conducted by Weston to respond to the ten items listed in the Exception Letter. Scope of Work These items and the expected effort are outlined below: 1. Discharger's Name, Address, and Contact Information — To be provided by the City of Newport Beach (City). 2. NPDES Permit Number for the applicable discharges - To be provided by the City of Newport Beach (City). 3. Statement requesting coverage under an exception from ASBS waste discharge prohibition — Weston will meet with the City to discuss the approach to this statement. As discussed, it is recommended that the response to the exception letter provide not only the results to the items listed below, but also any conclusions on the constituents of concern, potential sources of primary loadings/impacts, and more importantly the recommended strategy to address the ASBS issues through specific monitoring/data gathering and management actions/BMP implementation planned by Newport Beach and Laguna Beach. As discussed, this response letter provides an opportunity to give recommended direction and.practical solutions to the Board based on sound science and engineering knowledge and data currently and planned to be obtained during this planning phase. Clarification with the Board may be needed with regard to the specific discharges that are covered under the Exception letter and their relationship to the flows from the canyon creeks. 4. Documentation of storm water discharge not compromising protection of ocean waters for beneficial use. At a minimum provide quantitative description of marine life near the discharge and at reference location. — Weston will compile Attachment 2 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 4 data that has been collected by Minerals Management Service and other sources on the marine resources in the coastal rocky inter- and outer -tidal areas and summarize this data for submittal in response to this item. This existing data is predominantly on the ASBS at Crystal Cove. Weston will also outline the activities planned under the existing planning grants to further obtain baseline data in the ASBS at Little Corona. The response to this item will also describe the overall long -term approach the City is taking to protect and restore the ASBS through further investigation and effective reduction in the identified impacts. 5. Assessment of available flow and water quality data. — Weston will provide a summary of the baseline flow and water quality results that have been obtained 'from the Newport Coast Flow and Water Quality Assessment. Historical flow data for Buck Gully from Rivertech, Inc, and the groundwater seepage assessment by Todd Engineers will also be summarized. Current data from this year for Los Troncos and Muddy Creek that has been collected by the Irvine Company will be requested to include as supplemental data. These discharges are under a separate order. The results will be compared to the Ocean Plan guidelines where applicable. The effort for compiling the data from the ongoing Flow and Water Quality Assessment is covered under the existing contract for this work. 6. Characterization of the Watershed including land use, population density and percent impervious surfaces. Also include known pesticide and herbicide applications — Weston will work with the City's GIS department to obtain the watershed maps and the layers requested in this item. Information on pesticide application will be pursued through the City and added to the GIS maps. Weston will compile the maps from the GIS maps.and layers provided by the City, and provide a written description of the information for this item. 7. A description of the Treatment Processes, BMPs, Pollution Controls in use or planned — Weston will meet with the City to obtain a summary of the current measures in place and planned. These will be summarized and an anticipated timeline for implementation provided along with the overall approach to implementation of these measures. The approach will consist of an iterative process in which control measures will be implemented based on the findings of the planning activities and priorities identified in the watershed management plans. As measures are implemented in a phased manner, monitoring will be conducted to demonstrate effectiveness and the need for additional measures. Measures will address the potential impacts that may include storm water from the coastal canyons creeks, dry weather flows, aerial deposition, tidal flow from Lower Newport Bay and public trampling and scavenging. 8. An analysis of alternatives to discharges into the ASBS. — Weston will obtain further information from the City on the management actions to reduce dry weather flows in, the canyons and summarize these efforts (both in -place and planned) on maps and in text. The planned monitoring of the comparison of Buck Bully and Morning Canyon discharge areas to the ASBS as a result of dry weather Attachment 2 70 0 0 r� Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 5 flow curtailment will be discussed and the overall goal of the Cities of Newport Beach and Laguna Beach of your urban runoff control programs to the ASBSs. 9. History of Drainages into the ASBS including spills and other discharge events — The City will provide this information. 10. Documentation that shows the public interest will be served by the exception — Weston will discuss with the City the response to this item. As discussed this response can provide an opportunity to outline the City's overall goals and approach to the restoration and preservation of the ASBSs which is in the interest of the public. Schedule • The response to the August Exception Letter from the State Water Board is due May 31, 2006. • Weston will meet with the City within a week of receiving authorization to obtain available data and/or contacts for these data to prepare the responses. • Weston will prepare a memorandum by March 27, 2006 that outlines for each item the data received /obtained, any outstanding data/information, and an outline of the content and approach to the responses. • Weston will compile the data and information for the responses and prepare a working draft of the responses for review. by the City by April 10, 2006. Results from the third wet weather sampling event should be available by the beginning of April to complete this working draft. • A revised draft based on comments from the City will be submitted by Weston by May 8, 2006. • A final response package will be provided to the City by May 22, 2006 for final authorization and submittal to the State Water Board. Cost Proposal The estimate total effort for this project is $13,750. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer — 38 hours QA Sr. Scientist/Biologist — 10 hours GIS Specialist — 16 hours Scientist II — 54 hours Work Processor/Editor — 8 hours Contract Admin. — 2 hours Expenses include travel totaling $123 Attachment 2 C, r�L Mr. Robert Stein 3/1612006 Public Works Department, City of Newport Beach Page 6 Task 3 - Preparation of the Newport Coast Watershed Management Plan Scope of Work The scope of work for this task includes the development of the Watershed Management Plan (WMP) for the Newport Coast. The WMP will outline the recommended additional stabilization and restoration measures for each of the eight (8) canyons in the watershed using the information gathered for the Watershed Assessment and Water Quality, Ecological Indicator and Flow Measurement Programs. These data will be collected and summarized as part of Task 4. Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed/constructed. The Watershed Management Plan will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. The WMP will set priorities for implementation of these measures and be used to develop implementation project for the Integrated Watershed Grant program. , Weston will submit the WMP to the Grant Manager and WMAC for review and comment. Weston will finalize the WMP incorporating comments received and submit to the Grant Manager. Schedule The draft WMP will be submitted by July 1, 2036. The final WMP will be submitted 60 days following the submittal of the draft or within 20 days of receiving final comments. Cost Proposal The estimate total effort for this project is $45,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Principal Investigator — 12 hours Project Manager/Project Engineer — 60 hours QA Sr. Scientist/Biologist — 56 hours GIS Specialist — 68 hours Scientist 11— 80 hours Scientist I — 120 hours Attachment 2 iZ 0 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 7 Environmental Analyst — 78 hours Work Processor/Editor — 48 hours Expenses include production and travel totaling $358 Task 4 - Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan This task includes the preparation of a summary report on each of the sub - drainage areas within the Buck Gully and Morning Canyon watersheds that includes the data and information collected to date regarding vegetation type, soil type, topography, slope, number of drains entering the canyon, time of concentration for the 100 yrs storm event and other hydrological information. These data will be consolidated and summarized in a report with graphical presentation of the data to allow for a spatial understanding of the physical conditions linked to the water quality and flow results from these canyons. This effort will be conducted as part of the scope of work under the Drainage Analysis Task for the Newport Coast Water Quality and Flow Assessment. The original scope of work included the completion of a drainage analysis of the canyons. Since this effort is similar in scope and objective, the current scope will be modified to the scope covered under this task. This task will therefore be completed under the current contract per this modified scope. Scope of Work The overall goal of this work is to develop and submit a successful grant application under the 2005 -2006 Consolidated Grants Program. This will provide the City of Newport Beach the resources to implement the tasks that reduce negative impacts to the two Marine Life Refuge Areas (ASBS). It will also create educational and training opportunities for the City staff, the community, and stakeholders to protect and preserve these areas. These tasks will further support the ASBS exception process under the current regulatory framework. The Newport Coast ASBS program is highly suited for this grant as your program is well ahead of other ASBS programs in the State, and has been designated as a Pilot Project. The results of the current coastal canyon water quality and flow study, and additional studies underway or planned under the Planning Grant will provide a strong foundation to base approaches and designs proposed under the Implementation Grant. In addition, erosion control projects being designed for Buck Gully can be coordinated and enhanced to address potential constituents of concern to the ASBS. Attachment 2 ;?3 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 8 The tasks under this scope of work include preparation of a work plan, meetings with the application partners, attending the grant workshop and preparation of the grant application. These tasks are further defined as follows: Develop Work Plan and Facilitate Meeting: Weston will prepare the work plan for the grant application to define the goals, approach, tasks, schedule, partners and funding request. This work plan will be distributed and presented to the grant application partners for review and comment. A work plan meeting will be held with the partners to reach consensus on the goals and tasks detailed in the grant application. Weston will facilitate the meeting and provide meeting minutes that will be distributed to the partners documenting consensus items and any follow -up action items. The work plan will described each of the tasks included in the application. Based on discussions with you to date, the following tasks are being considered for inclusion in the grant application: 1. Implementation - Further Development of Conceptual Design of Source Controls and BMPs 2. Implementation of Source Controls and Integration of Erosion /Sediment Control BMPs with Other Potential Treatment/Controls for Constituents that are identified as potentially impacting ASBS based on the current water quality 3. Development of Community Outreach/Education — Video of Marine Resources 4. Preparation of Long -term Monitoring Plan and Completion of 1 -2 years of Monitoring to Assess Effectiveness 5. Introduction and Renovation of an addition species to the ASBS 6. Coordination and Facilitation of Outreach Meetings with Local Fisherman 7. Completion of Study to Determine Impacts to the floralfauna change in the rocky inter -tidal areas at Buck Gully vs. Morning Canyon as dry - weather flows are curtailed These tasks will be further discussed with you and the other partners at the work plan meeting to reach consensus on the final task to be included. Attend Grant Workshop and Meetings: Weston will attend the Consolidated Grant workshop scheduled for November 2005 to assure key requirements and components of the application are met. Weston will also meet with the City of Newport Beach at the initiation of the effort (project kick -off), and periodic (up to 3 meetings) to review progress and obtain input on the work plan and application. Prepare Grant Applications: Weston will prepare the grant application for the 2005 -2006 Consolidated Grants Program under the Coastal Non -Point Source Pollution Control Attachment 2 2h • • M Weston SokAtions, Drive Inc. 2433 Impala Drive Carlsbad, California 92008 760.931 -8081 • Fax 760 -931 -1580 www.westonsolutiom.com 3/16/2006 of Newport Beach Page 9 Program. This program has approximately $10 million of funds ear - marked for ASBS projects. Weston will prepare responses for each of the concept proposal project questions, evaluation criteria checklist and application fields for the Financial Assistance Application Submittal Tool (FAAST). Schedule The application will be submitted by the deadline of February 9, 2006. Proposed Fee The following cost proposal is presented on a task total not -to- exceed effort: Project Manager/Engineer -124 hours Environmental Analyst — 60hrs. Word Processing/Graphic Designer- 54 hrs. Task Total - $25,000 SUMMARY OF TOTAL COSTS TASK ESTIMATED TASK TOTAL COST Task 1 - Sampling at Pelican Point in Support of $15,000 Response to the ASBS Letter for the City of Newport Beach Task 2 - Exception Letter dated August 2005 $13,750 Consolidation of Data and Preparation of the Responses to the ASBS Exception Task 3 - Preparation of the Integrated Coastal $45,000 Watershed Management Plan Task 4 - Preparation of a Summary Report on No Additional Cost — Covered Watershed Physical Characteristics in Support of under current Contract as a the Watershed Management Plan Modified Scope Item Task 5 - Preparation of the Consolidated 2004- $25,000 2005 Grant Application for Implementation Projects TOTAL $98,750 an empfoyeeowned company Attachment 2 r 2 5 E 0 Mr. Robert Stein 3116/2006 Public Works Department, City of Newport Beach I Page 10 Please call me at 760 - 931 -8081 or 760 -497 -3318 if you have any questions on this proposal.. . Very truly yours, Weston Solutions, Inc. David H. Pohl, Ph.D., P.E. Sr. Project Manager cc: L. Kay Attachrnent 2 2� Terry Tamminen Secretary far Environmental Protection I a 111 State 'Voter Resources Controlfoard Executive OWICC 10011 Street • Sacramento, California 95814 • (9I6) 341.5615 Mailing Address: P.O. Box 100 • Sacramento, California • 958130100 Fax (916)341- 5621•http.,IA rv.s.wcb.ra.gov Mr. Stephen Badum, Public Works Director City of Newport Beach '3300 Newport Boulevard Newport Beach, CA 92663 Dear .W. Badum: OCT 9 2 2W4 PROHIBITION OF WASTE DISCHARGES INTO THE NEWPORT BEACH MARINE LIFE REFUGE AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE The California Ocean Plan (Ocean Plan), adopted by the State Water Resources Control Board (State Board) and approved by the U.S. Environmental Protection Agency (U.S. EPA), lists 34 coastal marine waters which the State Board has designated as Areas of Special Biological Significance (ASBS). ASBS Pre defined as "those areas designated by the State Board requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable." The Ocean Plan; Section III.E.I., requires that: "Waste* shall not be discharged to areas designated as being of special biological significance. Discharges shall be located a sufficient distance from such designated areas to assure maintenance of natural water quality conditions in these areas." "Waste" is defined as the `total discharge, of whatever origin." Your discharge of storm water (dry and wet weather runoff) into the Newport Beach Marine Life Refuge Area of Special Biological Significance is subject to the prohibition against waste discharges to an ASBS. The Ocean Plan, Section 111.1. 1, allows the State Board to grant exceptions to this prohibition, provided that the exception "will not compromise protection of ocean waters for beneficial uses, and, [t]he public interest will be served." Prior to granting an exception, the State Board must hold a public hearing, and there must be compliance with the California Environmental Quality Act f CEQA). The U.S. EPA must also concur. Information regarding the Ocean Plan, ASBS, or existing exceptions to the Ocean Plan may be found at hqp: / /www.swrcb.ca .goy /nlnsnols /ot)lans /index.htmI . Califvrria Environmental Protection Agency cled Paper Attachment 3 { l.., Mr. Stephen Badum - 2 - XT 18 2004 Because you do.not already have an exception issued by the State Board for discharges to the ASBS, you are required to cease discharging. You may, however, request an exception to the prohibition if you believe your discharge will not compromise protection of ocean waters for beneficial uses, and the public interest will be served. Please notify.the State Board prior to January 1, 2005 whether you intend to cease discharging to the specified ASBS or whether you will seek an exception. We will discuss further steps with you subsequently. Your response should be sent to Dominic Gregorio of the Division of Water Quality, Ocean Standards Unit, with a copy sent to the Santa Ana Regional Water Quality Control Board. The State Board staff will hold a workshop, at a date and location as yet to be determined, for those parties interested in pursing an exception. The purpose of this workshop will be to provide information on the procedures for applying for an exception and possible funding sources that may be available to address discharges into ASBS. You will receive an invitation to this workshop in the near future. If you have any questions, please feel free to contact Stan Martinson, Chief, Division of Water Quality, at(916)341-5458 (inartsCg swrcb.ca.gov} or Dominic Gregorio, Division of Water Quality, Ocean Standards Unit, at (916) 341 -5488 (greed a,swrcb.ca.eovi . Sincerely, "4 jj Celeste Executive Director cc: Mayor Tod W. Ridgeway City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Mr. Larry McKenney Orange County Watershed and Coastal Resources Office P.O. Box 4048 Santa Ana, CA 92702 -4048 Mr. Gerard J. Thibeault; Executive Officer Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 California Environmental Protection Agency Co Reryded Paper Attachment 3 9nC 0 Alan C. Lloyd, Ph.D. Agency Secretary • State Water Resources Control Board August 18, 2005 Division of Water Quality 10011 Street • Sacramento, California 95814 • (916) 341 -5455 Mailing Address: P.O. Box 100 • Sacramento, California • 95812 -0100 FAX (916) 341 -5463 • Internet Address: http: // w .0 terbouds.ca.gov The Honorable Steven Bromberg Mayor of City of Newport Beach City Hall 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mayor Bromberg: REQUEST FOR EXCEPTION FOR DISCHARGES INTO AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE Arnold Sch- I' l l Iry Cavernar This letter is to acknowledge the receipt by the State Water Resources Control Board (State Water Board) of your letter dated December 16, 2004, requesting an exception from the California Ocean Plan (Ocean Plan) waste discharge prohibition for your discharges into the Newport Beach (a.k.a. Robert E. Badham) Area of Special Biological Significance (ASBS). The following specific information needs to be submitted, by May 31, 2006, to support the State Water Board's consideration of an exception to the Ocean Plan for discharges to ASBS: 1. The discharger's name, address, and contact information. 2. Any applicable permit or order numbers, if the discharge is or has been regulated under a National Pollutant Discharge Elimination System (NPDES).Permit or Waste Discharge Requirements. 3. A signed statement requesting coverage under an exception from the ASBS waste discharge prohibition found in Sections M.E.1 and 111.1-1.2 of the Ocean Plan. 4. Documentation that shows that allowing the discharge of storm water runoff to continue will not compromise protection of ocean waters for beneficial uses. Note that one beneficial use is the preservation and enhancement of ASBS, which are defined as "those areas designated by the [State Water Board] as requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable." This means that any data that you may have on the status and description of marine life in the ASBS, and on the natural background of the ASBS, are relevant and must be submitted. At a minimum, you must submit a quantitative description of marine life near the discharge and at a reference location away from the discharge. 5. An assessment of all available historical data on discharge volume, chemical and physical constituents, toxicity, and indicator bacteria in the runoff and in the ambient marine water of the ASBS. At a minimum, the information must include the measurement of a representative California Environmektal Protection Agency 0 Recycled Paper Attachment 4 11 Mayor Steven Bromberg -2- 6-1 sample within the last two years or the upcoming storm season (runoff and adjacent marine receiving water) during a storm event for each of the following constituents: a. total Ocean Plan metals b. polynuclear aromatic hydrocarbons (PAHs) c. oil and grease d. ammonia nitrogen e. acute toxicity for a marine species f. critical life stage (chronic) toxicity for three marine species g. indicator bacteria including total coliform, fecal coliform (or E. cola), and enterococeus. The applicable Ocean Plan detection limits and other applicable monitoring requirements must be adhered to in performing this work. If you are responsible for more than ten municipal discharge points, then a representative sample must be (or have been) collected and analyzed for one of every ten discharge points. All samples must be collected during a storm event that is greater than 0.1 inch and at least 72 hours from the previously measurable storm event. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed 50 percent from the average or median rainfall event in that area. 6. A characterization of the watershed areas draining to the ASBS in terms of land use, population density, and percentage of impervious surface. If there is land under your jurisdiction where pesticides or herbicides are applied, provide a listing of such treatments in terms of the chemicals and application rates. 7. A description of current treatment processes, pollution controls, and/or best management practices currently used or planned (with a schedule for implementation). 8. An analysis of alternatives to the discharge and their impacts if implemented. 9. Compliance history for drainages into the ASBS, including any. spills or upset events that resulted in the discharge of toxic or otherwise prohibited substances, including untreated or partially treated wastewater. 10. Documentation that shows that the public interest will be served by granting the exception. Please send this information to the State Water Board, Division of Water Quality, attention Dominic Gregorio, and to the Executive Officer of the Santa Ana Regional Water Quality Control Board (Santa Ana Water Board). The State Water Board is holding a workshop in Monterey on August 31, 2005 to discuss the ASBS exception process.. At that workshop, staff will propose the concept of a general exception as one option for addressing storm water runoff into ASBS. The exception process may be amended following the workshop. However, any exception is likely to include minimizing or eliminating dry weather flows, and reducing pollutants draining to ASBS to maintain natural water quality in the receiving waters. In the meantime, you are requested to plan for and institute best management practices to eliminate or minimize dry weather flows and to reduce pollutants in storm water runoff. California Environmental Protection Agency %I Recycled Paper Attachment 4 �za Mayor Steven Bromberg -3- If the State Water Board issues an exception, the Santa Ana Water Board may allow your discharges to be covered under the Municipal Separate Storm Sewer Systems Phase I NPDES Permit, with appropriate provisions required in your storm water management plan. In all cases, the Santa Ana Water Board will enforce the mitigation measures described in the exception if it is granted by the State Water Board. If you have any questions, feel free to contact me at (916) 341 -5458 or sartinson@waterboards.ca.gov, or Dominic Gregorio, Chief of the Ocean Standards Unit, Division of Water Quality, at (916) 341 -5488 or dgregorio @waterboards.ca.gov. Sincerely, Original signed by Stan Martinson, Chief Division of Water Quality cc: Mr. Gerard Thibeault, Executive Officer Santa Ana Regional Water Quality Control Board 3737 Main St. Suite 500 Riverside, CA 92501 Bcc: Celeste Cantu, EXEC Tom Howard, EXEC Sheila Vassey, OCC John Ladd, DWQ Bruce Fujimoto, DWQ Dominic Gregorio, DWQ \Wwgdata\data\ Data \Shared \=RISecrlStortnwater SectionloceanUSES city of Newport Beach.doc California Environmektal Protection Agency rl' Recycled Paper Attachment 4 3t Wof Newpod Beaci b NO. BA- 068A -053 BUDGET AMENDMENT 2005 -06 AMOUNT: $sa,75o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X NX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase and transfer expenditure appropriations for the Newport Coast Flow and Water Quality Assessment ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Administrativ pproval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $13,750.00 $17,500.00 $7,500.00 Automatic $38,750.00 3 - .2i e< Date z p% Dat Date Description Division Number 7012 General Fund - Drainage Account Number C5100810 Npt Coast Groundwater Source ID Division Number 7012 General Fund - Drainage Account Number C5100779 Npt Coast Watershed Assessment Division Number 7014 General Fund - Misc & Studies Account Number C5100805 Morning Canyon Stabilization Division Number Account Number Division Number Account Number Signed: tf /D/hiJaLO p L Financ}al Approval: Administrative Services Director Signed: Administrativ pproval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $13,750.00 $17,500.00 $7,500.00 Automatic $38,750.00 3 - .2i e< Date z p% Dat Date • i C -,3 ��y PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS FOR NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT THIS AGREEMENT is made and entered into as of this 10- ay of 2005, by and between the CITY OF NEWPORT BEACH, a Municipal C oration ( "City"), and WESTON SOLUTIONS, INC., a corporation whose address is 2433 Impala Drive, Carlsbad, California, 92008 ( "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 has initiated a watershed management program for Newport Coast, and is preparing assessments that will lead toward implementing measures to protect the marine life areas along the stretch of coastline from Little Corona Beach to Morro Creek in Newport Coast. C. City desires to engage Consultant to monitor flows and pollutants in eight Newport Coast canyons, including Buck Gully and Morro Canyon, and prepare a comprehensive Watershed Assessment Report with recommendations ( "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 David H. Pohl, Ph.D., P.E. 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: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31 s 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. 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 Fee Schedule 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 Three Hundred, Seventy-Four Thousand, Eight Hundred Ninety Dollars and no /100 ($374,890.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Fee Schedule 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 David H. Pohl, Ph.D., P.E., to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A and B or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such 3 • 0 materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without 12 • • limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 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 duly authorized designee informed on a regular basis regarding the status and 5 14. • • progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 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 bellow 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 Category Class VII (or larger) i n Best's Key Rating Guide, unless Manager. D. Coverage Requirements. of A (or higher) and Financial Size accordance with the latest edition of otherwise approved by the City's Risk 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 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 0 0 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. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. 7 15. IT-1 0 F. Timely Notice of Claims. notice of claim made or Consultant's performance Consultant shall give City prompt and timely suit instituted arising out of or resulting from 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. 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. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to 0 0 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer. or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. , All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be 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. 10 0 • 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3322 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: David H. Pohl; Ph.D., P.E. Weston Solutions, Inc. 2433 Impala Drive Carlsbad, CA 92008 Phone: 760- 931 -8081 Fax: 760 -931 -1580 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. 11 • • 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: C, Aaron C. Harp Assistant City Attorney AT EST: By: LaVonne H less, U City Clerk CITY OF N P( A Muni p orp By: Mayor for the City ofd W CH, Beach WESTON SOLUTIONS, INC.: By: c V ►c����� ►rocs` � �� �� i �:,. ���N���Z (Include Title of Authorized Signatory) Print Name: 1,k)t��, � Attachments: Exhibit A — Scope of Services Exhibit B — Fee Schedule F:\USERS\PBW\Shared\Agreements\FY 04-051WESTON-Newport Coast Flow C-3748.doc 13 ��a�aos I bb--P �ov de �Uewport Coast rx $ ` �arn� and,, lFir eY QuaCityAssessment 4S to I Z 'p; c y WZ maw WSW q' Yt mtt - A j RP T toy-, II I M F i 51 - t 6l ✓•b µu.,4 I lb Yi _ - Eli a y. > �— �SOLLITIONS �� 3 �- '��'�' �= y__ ..,: �h�',�+i'\ . + ` '• V i q AS D C�,- -& a o T+y ,ten, -� -,>..- 9' t' Q� a` s ne. v i -i zz l'�1b�1 x �,,Yi��•n�`� `�'�b sv� -'-t .,�� aT " ff �,,i 'AY.� M'e3 � x� E "`,i a-�t N��.'•'�� ( �' � a x� L- c�''ff�'t t9 �'�n'�e - c5�'._ e� � ->� .fl „�,'�eST' �i d�tyc�ytvx. ����rC } `.iR Y � •`Sti�M 1 Y�O � M1' q� -r, .�.� ��Et. �-� Y" i �,..��r`ilt��Y a' `� i�„✓..�ii's �� 5��,;.y 4. I :r•�7..r�iu..� t i"y a-"' 9�?'r s,`��e�35.r��k, yAYi' -: _ _ Ah Am 1. Task Related The City of Newport Beach (City) is creating a Newport Coast Watershed Program. The objectives of your Program are to: • reduce negative impacts to the Marine Life Refuge Areas • stabilize and restore the watershed canyons ® create the groundwork for an evolving and refined watershed restoration and maintenance program through educational and training programs for City staff, the - community and stakeholders The City is seeking the services of an outside consultant to implement this program as outlined in your Proposition 13 grant proposal. You are seeking to hire a consultant for one year to: • identify sources of dry- weather runoff in Buck Gully • determine characteristic flows and pollutant constituents in critical reaches of Buck Gully for dry - weather and storm flows • determine characteristic flows and pollutant constituents at (or near) the mouth the other seven coastal canyons Your consultant will compare and evaluate the pollutant loadings among the canyons and prepare recommendations for future monitoring and assessments. The Weston Solutions (formerly MEC Analytical Systems) team is the ideal group to serve you on this project. We have the ability and experience to operate this program for the City as specified in your request for proposal (RFP) and your Proposition 13 grant application. a. Project Understanding Weston understands the importance of the proposed Newport Coast Flow and Water Quality Assessment project in further addressing the key objectives of the watershed program of reducing negative impacts to Marine Life Refuge Areas, stabilizing and restoring the watershed canyons, and creating the groundwork for restoration, maintenance; and community outreach program. The one -year program that is outlined in the RFP will provide the City with key data on dry weather sources, flow, loading, and pollutant constituents in the mouth and reaches mouth of the other seven coastal canyons. These program objet of Buck Gully; and at (or near) the ives will be the basis for the Data Quality Objectives stated in the Monitoring and Quality Assurance Project Plans. The monitoring program will be developed to address these objectives as well as those that allow for comparison of the pollutant loading, and development of recommendations to minimize impacts to the canyons and receiving water. Our team's approach to this project begins with the identification of the overall and specific program objectives. The primary objectives of the Newport Coast Flow and Water Quality Assessment project are to identify sources of pollutants and loads in dry and wet weather flows, complete a drainage analysis for Buck Gully, and evaluate pollutant loading from the drainages within the study area. In addition, it is important to leverage the results of the study so that the data can be applied to future regulatory requirements (e.g., NPDES permit requirements, ASBS issues, and TMDL load allocations) and serve as a baseline for future studies. Weston Solutions has developed a' thorough and balanced monitoring and investigation program Newport Coast Flow and Water Quality Assessment Ah A& that has been specifically designed to the unique characteristics of the study area to achieve the project's short and long -term goals. The study design has been created using Weston's extensive experience in watershed assessments, particularly in areas with challenging, complex environmental questions. The primary elements that make the design effective are discussed below. Flexibility. Weston has produced a study design that allows for flexibility in identifying sources of pollutants within the project area. As data from the basic monitoring is collected. it will be analyzed to identify areas within the watershed where pollutant loads are greatest. These areas will then become the focus of intense source investigations. The design is flexible in. that it allows Weston to create an additional study plan to clearly identify the source or sources of pollutants in the watershed after the basic monitoring results have been analyzed. In this way the source investigations can be tailored specifically to the characteristics of the primary constituents of concern. Weston has been very successful in utilizing this flexible approach, in terms of achieving regulatory approval prior to project initiation and in answering comp_ lex environmental questions. Innovation. The Weston study design for the project is innovative in several ways. It provides a combination of techniques to monitor flow and assess loads from the drainages within the project area, including complex mass loading stations to collect flow weighted composite samples during wet and dry weather events, flow measurement techniques ranging from automated samplers to stream ratings, and two constituent lists, which will provide the necessary load estimates while maximizing resources. In addition. the pollutant source investigations may utilize a variety of techniques with which Weston is familiar, ranging from field test kits to cutting edge molecular source tracking and modeling. Cost Effectiveness. The Weston approach to the project study design is very cost effective. It has been specifically designed to address both the short and long term objectives of the study while considering the unique characteristics of the project area. The design is tiered so that the majority of the resources (monitoring as well as chemistry) are applied to Buck Gully Creek and Moro Canyon where the majority of the information is needed. intermediate resources are applied to Morning Canyon Channel, Los Trancos Creek, and Muddy Creek. Monitoring in the smallest drainages (Pelican Point Creek, Pelican Point Middle Creek, and Pelican Point Waterfall Creek) was minimized. In addition, because analytical costs can be a large portion of the watershed assessments, two constituent lists have been developed. Analytes in Tables A & B from the California Ocean Plan will be used where the most diverse constituent list and greatest loading are expected and to establish reference conditions. A focused list with a reduced number of analytes that are expected to be seen in the watershed (based on experience with similar assessments) will be used in other areas, thus providing the required loading estimates for minimal cost. Achieving Short and Long -Term Goals. As discussed above, there are several basic objectives that will be addressed with this study. However, due to the complex and dynamic nature of the regulatory environment in California, Weston tries to leverage the results of particular studies so that the basic objectives are achieved and the data can also be used to support future studies. The study design for the Newport Coast Flow and Water Quality Assessment will provide a thorough analysis of constituents of concern and loadings within the watershed, as well as providing important baseline information for future regulatory issues, such as Areas of Special .Biological Significance (ASBS) and TMDLs. Newport Coast Flow and Water Quality Assessment E • i NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT SUMMARY OF TASKS March 30, 2005 Task 1— Research The effort under this task includes obtaining available data and reports pertinent to the flow and water quality assessment. Weston will complete the subtasks as stated in the Request for Proposal Scope of Work. The subtasks include: 1.1 Collect and Review Previously Prepared Studies and Land Use Plan within the Buck Gully Watershed Area. 1.2 Contact SCCWRP for Water Quality Data 1.3 Review State and Federal Standards for 303(d) Streams in Area 1.4 Research Water Quality Issues with regard to Impact on Marine Refuge Areas The deliverable for this task will be a Technical Memorandum listing the documents and data obtained and review, a summary of the findings from this review, and identification any data gaps relevant to the Flow and Water Quality Assessment. Schedule Milestone: Completion of Technical Memorandum on Data Review Task 2 — Source Identification. Flow Measurement and Water Ouality Monitorine The subtasks under Task 2 include preparation of the work plans and completion of the flow and water quality monitoring. The work plans include the Dry Weather Source Identification Plan, Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP). The Source Identification Plan will be incorporated into the overall project SAP and QAPP, since the goals and objectives of the source identification program are tied to the overall SAP and QAPP. The SAP and QAPP will be prepared as separate documents, but follow the same schedule. The subtasks for the work plans are as follows: 2.1 Submit Outline of the SAP & QAPP — Outlines will be submitted to the City for review Schedule Milestone: Submittal of SAP and QAPP Outline 2.2 Prepare Draft and Final Dry Weather Plan — The Dry Weather Source Identification Plan will be part of the SAP and QAPP. A separate plan will not be completed because the goals and methodologies are tied to the overall program discussed in the SAP and QAPP. Schedule Milestone: Submittal of Draft and Final Dry Weather Source Identification Plan Weston Solutions, hic.• • Page 2 Summary of Tasks - Flow and Water Quality Assessment 2.2.1 Reconnaissance Survey for Dry Weather Source Identification - During the preparation of the Dry Weather Source Plan, which will be incorporated in the SAP and QAPP, a reconnaissance survey will be performed to identify potential sources and highlight these finding in the plan to better focus the field program. 2.3 Prepare Draft and Final SAP —The draft SAP will be reviewed by the City of Newport Beach. Once review comments are received, the final SAP will be completed for final approval by the City. The SAP does not require approval by the SWRCB in order to proceed with the field program. However, a copy of the SAP will be provided to SWRCB for comment. Schedule Milestone. Submittal of Draft and Final SAP 2.4 Prepare Draft and Final QAPP - The draft QAPP will first be reviewed by the City of Newport Beach. Comments will be incorporated and the revised Draft QAPP will be submitted to the SWRCB and RWQCB for review. Once review comments are received, the final QAPP will be completed for final approval of the SWRCB. The QAPP requires approval by the SWRCB in order to proceed with the field program. Schedule Milestone. Submittal of Draft and Final QAPP 2.5 Conduct Dry Weather Source Investigation — The dry weather source investigation will be conducted following approval of the QAPP during the summer and fall dry season to pinpoint dry- weather sources (stormdrains, private drains, irrigation runoff, groundwater seepage, etc The estimated mean and standard deviation and maximum flows for each significant source will be determined. This investigation will be conducted in conjunction with the summer /fall dry weather sampling program. 2.6 Perform Wet and Dry Flow and Water Quality Investigations — These investigation will be conducted as three separate subtasks: 2.6.1 Summer — Fall Dry Weather Flow Measurement and Sampling Program —(See Table 1 for Dry Weather Monitoring Program) 2.6.2 Winter — Spring Dry Weather Flow Measurement and Sampling Program — (See Table 1 for Dry Weather Monitoring Program) 2.6.3 Wet Weather Flow and Measurement Program - (See Table 1 for Dry Weather Monitoring Program) Task 3 — Buck Gully Drainaee Analysis Under this task, WRC will update the 10- and 100 -year hydrographs using the rainfall - runoff relationship derived from monitoring with correction pf groundwater seepage (if any) found from Tasks 5, 2.6.1 and 2.6.2. WRC will extend the HEC -RES model to Weston Solutions, Inc.* • Page 3 Summary of Tasks - Flow and Water Quality Assessment include the entire channel (using the 2 ft. topographic maps and assuming up to five additional sections) and perform hydraulic modeling using the new 10- and 100 -year hydrographs. Schedule Milestone: Submittal of Updated HydrographvModel Results Task 4 — Pollutant Loadine Evaluations This task includes the following subtasks: 4.1 Calculate the Characteristic Pollutant Loadings Profiles for Buck Gully for the Wet and Dry Seasons 4.2 Calculate the Characteristic Pollutant Loadings at (or near) the Mouths f the Other Seven Canyons for the Wet and Dry Seasons 4.3 Compare the Pollutant Loadings Measured for Each Canyon with those Measured in the Reference Canyon, and if available, Watersheds in the SCCWRP Program Database 4.4 Review and Analyze Existing Data for Correlations Between Constituents of Concern and AB411 Violation and Other Violations 4.5 Coordinate with the City's GIS Division and provide Pollutant and Flow Data to GIS is a usable electronic form. 4.6 Provide Recommendations Regarding Future Monitoring (these recommendations will be provided in the Watershed Assessment Report in Task 5) Schedule Milestone: Submittal of Draft and Final QAPP Task 5 — Watershed Assessment Report This task includes the preparation of the Draft and Final Watershed Assessment Report. The Watershed Assessment Report will present the findings of the dry weather source identification study and the wet and dry weather flow and water quality monitoring programs. Recommendations for future montoring and special studies will be included. The results of the pollutant loading evaluations under Task 5 will also be presented. Schedule Milestone: Submittal of Draft and Final Watershed Assessment Report WESTON SOLUTIONS NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT SUMMARY OF TASKS March 30, 2005 Task 1— Research The effort under this task includes obtaining available data and reports pertinent to the flow and water quality assessment. Weston will complete the subtasks as stated in the Request for Proposal Scope of Work. The subtasks include: 1.1 Collect and Review Previously Prepared Studies and Land Use Plan within the Buck Gully Watershed Area. 1.2 Contact SCCWRP for Water Quality Data 1.3 Review State and Federal Standards for 303(d) Streams in Area 1.4 Research Water Quality Issues with regard to Impact on Marine Refuge Areas The deliverable for this task will be a Technical Memorandum listing the documents and data obtained and review, a summary of the findings from this review, and identification any data gaps relevant to the Flow and Water Quality Assessment. Schedule Milestone: Completion of Technical Memorandum on Data Review Task 2 — Source Identification, Flow Measurement and Water Ouautv Monitoring The subtasks under Task 2 include preparation of the work plans and completion of the flow and water quality monitoring. The work plans include the Dry Weather Source Identification Plan, Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP). The Source Identification Plan will be incorporated into the overall project SAP and QAPP, since the goals and objectives of the source identification program are tied to the overall SAP and QAPP. The SAP and QAPP will be prepared as separate documents, but follow the same schedule. The subtasks for the work plans are as follows: 2.1 Submit Outline of the SAP & QAPP — Outlines will be submitted to the City for review Schedule Milestone: Submittal of SAP and QAPP Outline 2.2 Prepare Draft and Final Dry Weather Plan — The Dry Weather Source Identification Plan will be part of the SAP and QAPP. A separate plan will not be completed because the goals and methodologies are tied to the overall program discussed in the SAP and QAPP. Schedule Milestone: Submittal of Draft and Final Dry Weather Source Identification Plan • • 2.2.1 Reconnaissance Survey for Dry Weather Source Identification -During the preparation of the Dry Weather Source Plan, which will be incorporated in the SAP and QAPP, a reconnaissance survey will be performed to identify potential sources and highlight these finding in the plan to better focus the field program. 2.3 Prepare Draft and Final SAP —The draft SAP will be reviewed by the City of Newport Beach. Once review comments are received, the final SAP will be completed for final approval by the City. The SAP does not require approval by the SWRCB in order to proceed with the field program. However, a copy of the SAP will be provided to SWRCB for comment. Schedule Milestone. Submittal of Draft and Final SAP 2.4 Prepare Draft and Final QAPP - The draft QAPP will first be reviewed by the City of Newport Beach. Comments will be incorporated and the revised Draft QAPP will be submitted to the SWRCB and RWQCB for review. Once review comments are received, the final QAPP will be completed for final approval of the SWRCB. The QAPP requires approval by the SWRCB in order to proceed with the field program. Schedule Milestone. Submittal of Draft and Final QAPP 2.5 Conduct Dry Weather Source Investigation — The dry weather source investigation will be conducted following approval of the QAPP during the summer and fall dry season to pinpoint dry- weather sources (stormdrains, private drains, irrigation runoff, groundwater seepage, etc The mean and standard deviation and maximum flows for each significant source will be determined. This investigation will be conducted in conjunction with the summer /fall dry weather sampling program. 2.6 Perform Wet and Dry Flow and Water Quality Investigations — These investigation will be conducted as three separate subtasks: 2.6.1 Summer — Fall Dry Weather Flow Measurement and Sampling Program —(See Table 1 for Dry Weather Monitoring Program) 2.6.2 Winter — Spring Dry Weather Flow Measurement and Sampling Program — (See Table 1 for Dry Weather Monitoring Program) 2.6.3 Wet Weather Flow and Measurement Program - (See Table 1 for Dry Weather Monitoring Program) Task 3 — Buck Gully Drainage Analysis Under this task, WRC will update the 10- and 100 -year hydrographs using the rainfall - runoff relationship derived from monitoring with correction pf groundwater seepage (if any) found from Tasks 5, 2.6.1 and 2.6.2. WRC will extend the HEC -RES model to include the entire channel (using the 2 ft. topographic maps and assuming up to five 0 0 additional sections) and perform hydraulic modeling using the new 10- and 100 -year hydrographs. Schedule Milestone: Submittal of Updated Hydrographs/Model Results Task 4 — Pollutant Loading Evaluations This task includes the following subtasks: 4.1 Calculate the Characteristic Pollutant Loadings Profiles for Buck Gully for the Wet and Dry Seasons 4.2 Calculate the Characteristic Pollutant Loadings at (or near) the Mouths f the Other Seven Canyons for the Wet and Dry Seasons 4.3 Compare the Pollutant Loadings Measured for Each Canyon with those Measured in the Reference Canyon, and if available, Watersheds in the SCCWRP Program Database 4.4 Review and Analyze Existing Data for Correlations Between Constituents of Concern and AB411 Violation and Other Violations 4.5 Coordinate with the City's GIS Division and provide Pollutant and Flow Data to GIS is a usable electronic form. 4.6 Provide Recommendations Regarding Future Monitoring (these recommendations will be provided in the Watershed Assessment Report in Task 5) Schedule Milestone: Submittal of Draft and Final QAPP Task 5 — Watershed Assessment Report This task includes the preparation of the Draft and Final Watershed Assessment Report. The Watershed Assessment Report will present the findings of the dry weather source identification study and the wet and dry weather flow and water quality monitoring programs. Recommendations for future montoring and special studies will be included. The results of the pollutant loading evaluations under Task 5 will also be presented. Schedule Milestone: Submittal of Draft and Final Watershed Assessment Report Table 1. Summary of proposed monitoring elements for the Newport Coast Flow and Water Quality Assessment. DRY WEATHER MONITORING Flow sensor and grab Sampling Sites MLS at mouth and up to 6 MLS at mouth and up to 2 sample at mouth, Stream rating and upstream sites within the upstream sites within the stream rating and and Locations watershed watershed grab sample at up to grab sample at mouth 2 alternate sites Sampling Type and Duration 24-hour automated composite at mouth, single grabs and flow measurements at 6 upstream sites within the watershed 24-hour automated composite at mouth, single grabs and flow Single grabs at all Single grabs at all measurements at 2 sites sites upstream sites within the watershed Sampling Quarterly* Quarterly* Quarterly* Quarterly* Frequency Sampling Type and Duration Automated composite at mouth, single grabs and flow measurements at 4 upstream sites within the watershed Automated composite at mouth, single grabs and flow measurements at 2 upstream sites within the watershed One composite over One composite over storm event I storm event Sampling 2 storm events 2 storm events 2 storm events 2 storm events Frequency Constituents to be analyzed Ocean Plan constituents at mouth (App. C) for one event, focused constituent list for other event and at 4 upstream sites within the watershed (Table 2) * assumes two quarters for the program Ocean Plan constituents at mouth (App. C) for one event, focused constituent list for other event and at 2 upstream sites within the watershed (Table 2) Focused constituent Focused constituent list (Table 2) list (Table 2) Ocean Plan constituents at Ocean Plan constituents at mouth (App. C) for one mouth (App, C) for one Focused constituent Focused constituent Constituents to event, focused constituent event, focused constituent list at mouth and up list at mouth and up to be analyzed list for other event and at 6 list for other event and at 2 to 2 alternate sites 2 alternate sites upstream sites within the upstream sites within the (Table 2) (Table 2) watershed (Table 2) watershed (Table 2) WET WEATHER MONITORING Sampling Sites MLS at mouth and up to 4 MLS at mouth and up to 2 One station at mouth with stream rating One station at mouth and Locations sites within the watershed sites within the watershed and one grab at with stream rating and one grab at mouth mouth Sampling Type and Duration Automated composite at mouth, single grabs and flow measurements at 4 upstream sites within the watershed Automated composite at mouth, single grabs and flow measurements at 2 upstream sites within the watershed One composite over One composite over storm event I storm event Sampling 2 storm events 2 storm events 2 storm events 2 storm events Frequency Constituents to be analyzed Ocean Plan constituents at mouth (App. C) for one event, focused constituent list for other event and at 4 upstream sites within the watershed (Table 2) * assumes two quarters for the program Ocean Plan constituents at mouth (App. C) for one event, focused constituent list for other event and at 2 upstream sites within the watershed (Table 2) Focused constituent Focused constituent list (Table 2) list (Table 2) OM N`ap' O O O� N T .T T d Z w A O y A O J 8 A d N F D r 6i d (WO N N � �' O m A porgy N tl 3' y A . 50 Si c C N8 6 W G fail Np W GG= o w . c `� INO A F ONo m f �. N rn 0 3 y O� 9 f N 'a A d °^ 12 t N T N D T D N = r m O T T F W a T Z Z F O� O y D T N o c O O -TI O m -8 .T N M O C io ' p y N O �e • m N Z —ca'� 3 s °' D m 'c to H A d i Z '� o n m Z `•: m v o T F T? o o o^ < m n a T L7 p mFD LJ o ° °•l � � $ � T s � D � to o D � 6i S 3 a O O N O N O N O lN.l O O �1i1 O O N 3 o `L `2 `e `e b 3 `2 `2 `e a2-12.11.121.12.11 . . . 1 . 1 -1 3 3 � � � 3 ; 3 � � 3 3 � � op N Op N op A O N N pp A R W p A �O1 p A_ PJ y1 N O O p p O p lo p �l -o N t° O'o 5p!? j+ O t° tD p rppD + O (O t0 O O O1 8 8 O�» Q_N N 'O pVp p�pJ pQp pep ppA pAp pp pp oo N pp N pp N N N N pp_mWgO1ONNOON�Olr N a N O N • oo > > > > N A A N tOJ A A A A A A A (Oi1 N O O O + N Q Q Q o 4 �j �j N O1 t� N 101r N N N N _T A N Q Q Q AAp � + N A Q � Q � Q Q O Q N � N Q O1 p� O1 T T p�p T °Oi °1 T T pp O1 po W pQo T P pAo W p�o Q p� °1 N pQo T p�p N pp N pp N N p�p N pQp N N pQp N tOlr N pp N (!t pp N pQp N p�p N N pp N p�p T N OO (!t N pQp N N OO N N Z m v a -3 m o p 3 0 n 2 D 3 p N 1 � O T `GO Q o m O A > N n mm A� pr m 9 ma .,.. D N c A m m 1 i. o p ,Fj 0 p J � � D N Exhibit B 4. Fee Proposal The table below provides the Weston Solutions current fee schedule for each job classification CategoryRate/Hour Principal Investigator Art Barnett, Ph.D. $160.79 David Moore, Ph.D. Jack Word, Ph.D. Project Manager Doug Diener, Ph.D. Susie Watts $153.48 Lisa Kay David Pohl, Ph.D., P.E. Senior Scientist Bill Gardiner Scott Bodensteiner $116.94 Brian Riley Steve Gruber Chris Warn GIS Specialist/Modeling Beth Bolt, P.E. Bruce Ferguson $93.19 Scientist II/Civil Engineer Andrew Martin Sheila Holt $80.40 Bill Isham Stephen Lamothe Brian Hester Cindy Word Larissa Aumand Tommy Wells Matt Zinkl Melanie Craig, E.I.T. Scientist I Dan McCoy Lin Craft $62.12 Francesca Innocenti Satomi Yonemasu Jenner McCloskey Ryan Ericson Leela Sequiera Chris Osuch Environmental Analyst Grover Jeane Laurence Campagna $54.82 Amy Margolis Amy Hamilton Alison Witheridge Senior Technician Rosabel Dias Lucretia Neff $47.51 Olga Weaver Tracy Schuh Bioassay Technician Jay Word $40.20 Dan Sowersby Robbie Marshall Technician Jame Hultman $36.54 Damon Owens Word Processing/ Graphics Michelle Patzius $51.16 Jennifer Roof Contracts Administration Cathy Freed $89.53 Mike Shaeffer Newport Coast Flow and Water Quality Assessment - Fee Proposal The table below provides the WRC Consulting Services current fee schedule for each job classification The table below provides a not -to -exceed amount for the services to be provided. Task Task 1 - Research Fee $6,870 Task 2 - Source ID, Flow Measurement and Water Quality Monitoring $304,962 Task 3 - Buck Gully Drainage Analysis $19,332 Task 4 - Pollutant Loading Evaluations $15,824 Task 5 — Watershed Assessment Report $27,902 Not -to -exceed Amount $374,890 Newport Coast Flow and Water Quality Assessment - Fee Proposal Table 2 - Labor Hour Summary The chart below provides an estimate of the number of hours needed for each task for each job classification in the scope of services. ,LO en C • - 0 , Task 1— Research 8 16 36 16 76 1.1 Collect/Review Previous Studies/Plans 1.2 Contact SCCWRP for WQ Data 1.3 Review Standards for 303(4) Streams 1.4 Research WQ Issues that Impact ASBS Task 2 — Source ID/Flow Measurement /WQ Monitoring 2.1 Suggest References or Models 2.2 Prepare/Submit Dry Weather Plan 6 8 8 16 2 2 20 62 2.3 Prepare Wet/Dry Weather SAP 8 12 8 24 8 8 68 2.4 Prepare QAPP 12 16 24 48 8 12 120 2.5 Conduct Dry Weather Investigations 8 16 8 36 24 112 204 2.6 Perform Wet/Dry Weather Monitoring 90 128 64 48 240 260 72 20 292 1214 Task 3 — Buck Gully Drainage Analysis 16 1 16 16 4 90 142 Task 4 — Pollutant Loading Evaluations 12 36 60 52 160 4.1 Pollutant Loading for Buck Gully 4.2 Pollutant Loadings for Other Canyons 4.3 Compare Pollutant Loadings 4.4 COCNiolations Correlations 4.5 Provide City GIS with Data 4.6 Provide Recommendations Task 5 — Watershed Assessment Report 16 48 24 60 32 40 32 2 41 114 The table below provides the WRC Consulting Services current fee schedule for each job classification The table below provides a not -to -exceed amount for the services to be provided. Task Task 1— Research Fee $6,870 Task 2 — Source ID, Flow Measurement and Water Quality Monitoring $304,962 Task 3 — Buck Gully Drainage Analysis $19,332 Task 4 — Pollutant Loading Evaluations $15,824 Task 5 — Watershed Assessment Report $27,902 Not -to -exceed Amount $374,890 Newport Coast Flow and Water Quality Assessment — Fee Proposal MMMMM 14:05 FROM: 7149391654 �q &y 33>19 T0:949 644 3310 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach P. 1'1 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: , r�,��s Dept. /Contact Received From: V VI Date Completed: Sent to: �Phi By: " n Company /Person required to have certificate: i (' - j t?nr 44r . L GENERAL LIABILITY 1 A. INSURANCE COMPANY: (, /' nrm rnrf2� - -F'lr� SL4 B. AM BEST RATING (A; VII or greater): f } C_ ADMITTED Company (Must be California Admitted): �,,/ / Is Company admitted in California? l Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? C�M'OA l OCG E. PRODUCTS AND COMPLETED OPERATIONS (Must include); Is It included? Er�^es ❑ No F. ADDITIONAL .INSURED WORDING TO INCLUDE (The City its ,�,�,� officers, officials, employees and volunteers): Is it included? 21es ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it incArded? 0-Yes ❑ No H. CAUTIONI (Confine that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes No L NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: J B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): ^t' Yes Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500.000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? es ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haule only): Is It included? Nk ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provisi n that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III A.ORINSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): 0 AY V _ C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): is it included? mlyles r71 No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes [] No IF NO, WHICH ITEMS NEED TO BE COMPLETED? y'1 ea s3l1 6 Z dn.GG 2005 C�3148 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 April 12, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3311 rstein@cfty.newport-beach.ca.us SUBJECT: NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS RECOMMENDATIONS: 1. Approve a Budget Amendment increasing the current year appropriation for the Newport Coast Watershed Program, Account No. 7251- C5100779, by $125,000. 2. Approve a Professional Services Agreement with Weston Solutions Inc., of Carlsbad, California, for flow and water quality assessment tasks in Buck Gully and other canyons in Newport Coast at a contract price of $374,890 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City has initiated a watershed management program for Newport Coast. One of the primary goals of this program is to protect sensitive marine life areas along this stretch of coastline from Little Corona to Morro Creek. Dry- weather runoff carrying pollutants, fertilizers or pesticides down the seven coastal canyons could be negatively impacting these marine life areas. This study will identify in detail, sources of dry- weather flow in Buck Gully and characterize the bacterial loading in the canyon. Additionally, this study will monitor flow and water quality at the canyon mouths of Morning Canyon, Pelican Point canyons, Los Trancos, Muddy Creek and Morro Creek. Seven firms responded to the City's request for qualifications /proposals: • DMc Engineering • Dudek & Associates, Inc. • Geomatrix • Miller Brooks Environmental, Inc. • Psomas • RBF Consulting • Weston Solutions SUBJECT: Newport Coast Fbe Water Quality -Approval of Professional ServiceJeement with Weston Solutions, Inc. April 12, 2005 Page 2 The proposals were independently reviewed by four reviewers to evaluate each firm's qualifications, past experience on similar projects, and project understanding before ranking Weston Solutions Inc. (Weston) the highest. Upon selection, staff negotiated with Weston to provide the necessary scope of services for a fee of $374,890,Weston has completed dry and storm .weather monitoring services competently and professionally on similar projects for the Cities of San Diego, Vista and Solana Beach as well as for other local agencies in Southern California. The scope of Weston's professional services will include obtaining existing data and reports, preparing a dry weather source identification plan, sampling and analysis plan and quality assurance project plan, conducting a dry weather source investigation, performing wet and dry flow and water quality investigations, preparing a drainage analysis of Buck Gully, performing a pollutant loading evaluations for the Newport Coast canyons, and preparing a watershed assessment report with recommendations. Environmental Review: This project falls under the Information Gathering class of projects and is therefore categorically exempt per CEQA Guidelines, Article 19, Section 15306. Funding Availability: The recommended Budget Amendment will increase the current appropriation by $125,000. These funds will be reimbursed from the Newport Coast Watershed Program Grant. Upon approval, funds for th e available in the following account: Account Description Contributions Prepared by: Robert S ein, Principal Civil Engineer Account Number 7251- C5100779 Attachment: Professional Services Agreement Submitted by: fiscal year's Proposition 13 project will be Amount $374,890 Stephen G. Badum Public Works Director PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS FOR NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT THIS AGREEMENT is made and entered into as of this _ day of 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and WESTON SOLUTIONS, INC., a corporation whose address is 2433 Impala Drive, Carlsbad, California, 92008 ( "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 has initiated a watershed management program for Newport Coast, and is preparing assessments that will lead toward implementing measures to protect the marine life areas along the stretch of coastline from Little Corona Beach to Morro Creek in Newport Coast. C. City desires to engage Consultant to monitor flows and pollutants in eight Newport Coast canyons, including Buck Gully and Morro Canyon, and prepare a comprehensive Watershed Assessment Report with recommendations ( "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 David H. Pohl, Ph.D., P.E. 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: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 3151 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. 0 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Fee Schedule 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 Three Hundred, Seventy -Four Thousand, Eight Hundred Ninety Dollars and no /100 ($374,890.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 0 0 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performdnce of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Fee Schedule as set forth in Exhibit B. 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 David H. Pohl, Ph.D., P.E., to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A and B or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein, P.E., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such 3 0 0 materials in a timely. manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities 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. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without El 0 0 limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 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 duly authorized designee informed on a regular basis regarding the status and R 0 0 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and.amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed L E. 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). 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. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. 7 0 9 F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to 0 0 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 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 N 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be 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. 10 0 0 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid,. first -class mail, addressed as.hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City.at: Attn: Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: David H. Pohl, Ph.D., P.E. Weston Solutions, Inc. 2433 Impala Drive Carlsbad, CA 92008 Phone: 760 - 931 -8081 Fax: 760 - 931 -1580 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. 11 29 30. 31 32. 33. 34. 35. • 0 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. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 • • 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Aaron C. Harp Assistant City Attorney ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach WESTON SOLUTIONS, INC.: LaVonne Harkless, City Clerk (Include Title of Authorized Signatory) Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Schedule F:\ USERS\PB1MSharedt,4greements\FY 04- 05 \WESTON- Newport Coast Flow C- 3748.doc 13 1 Y Usl�r� ©�dee►nrc�Yt COGlSt IZlz z �o fAe���Essessrner�t . lot- 1 1. Task Related The City of Newport Beach (City) is creating a Newport Coast Watershed Program. The objectives of your Program are to: • reduce negative impacts to the Marine Life Refuge Areas • stabilize and restore the watershed canyons • create the groundwork for an evolving and refined watershed restoration and maintenance program through educational and training programs for City staff, the - community and stakeholders The City is seeking the services of an outside consultant to implement this program as outlined in your Proposition 13 grant proposal. You are seeking to hire a consultant for one year to: • identify sources of dry - weather runoff in Buck Gully • determine characteristic flows and pollutant constituents in critical reaches of Buck Gully for dry- weather and storm flows • determine characteristic flows and pollutant constituents at (or near) the mouth the other seven coastal canyons Your consultant will compare and evaluate the pollutant loadings among the canyons and prepare recommendations for future monitoring and assessments. The Weston Solutions (formerly MEC Analytical Systems) team is the ideal group to serve you on this project. We have the ability and experience to operate this prop am for the City as specified in your request for proposal (RTP) and your Proposition 13 grant application. a, Project Understanding Weston understands the importance of The proposed Newport Coast Flow and -Water Quality Assessment project in further addressing the key objectives of the watershed program of reducing negative impacts to Marine Life Refuge Areas, stabilizing and restoring the watershed canyons, and creating the groundwork for restoration, maintenance, and community outreach program. The one -year program that is outlined in the RFP will provide the City with key data on dry weather sources, flow, loading and pollutant constituents in the mouth and reaches of Buck Gully; and at (or near) the mouth of the other seven coastal canyons. These program objectives will be the basis for the Data Quality Objectives stated in the Monitoring and Quality Assurance Project Plans. The monitoring program will be developed to address these objectives as well as those that allow for comparison of the pollutant loading, and development of recommendations to min ;n,;ze impacts to the canyons - and receiving water. Our team's approach to this project begins with the identification of the overall and specific program objectives. The primary objectives of the Newport Coast Flow and Water Quality Assessment project are to identify sources of pollutants and loads in dry and wet weather flows, complete a drainage analysis for Buck Gully, and evaluate pollutant loading from the drainages within the study area. In addition, it'is important to leverage the results of the study so that the data can be applied to future regulatory requirements NPDES permit requirements, ASBS issues, and TMDL load allocations) and serve as a baseline for future studies. Weston Solutions has developed a thorough and balanced monitoring and investigation program Newport Coast Flow and Water Quality Assessment J 3 U that has been specifically designed to the unique characteristics of the study area to achieve the project's short and long-term goals. The study design has been created using Weston`s extensive experience in watershed assessments, particularly in areas with challenging, complex environmental questions. The primary elements that make the design effective are discussed below. JFlexibility. Weston has produced a study design that allows for flexibility in identifying sources of pollutants within the project area. As data from the basic monitoring is collected, it will be analyzed to identify areas within the watershed where pollutant loads are greatest These areas will then become the focus of intense source investigations. The design is flexible in that it allows Weston to create an additional study plan to clearly identify the source or sources of Pollutants in the watershed after the basic monitoring results have been analyzed. In this way the source investigations can be. tailored specifically to the characteristics of the primary constituents of concern. Weston has been very successful in utilizing this flexible approach, in terms of achieving regulatory approval prior to project initiation and in answering complex environmental questions. Innovation. The Weston study design for the project is innovative in several ways. It provides a combination of techniques to .monitor flow and assess loads from the drainages within the project area, including complex mass loading stations to collect flow weighted composite samples during wet and dry weather events, flow measurement techniques ranging from automated samplers to stream ratings, and two constituent lists, which will provide the necessary load estimates while maximizing resources. In addition, the pollutant source investigations may utilize a variety of techniques with which Weston is familiar, ranging from field test kits to cutting edge molecular source track -ing and modeling. Cost Effectiveness. The Weston approach to the project study design is very cost effective. It has been specifically designed to address both the short and long term objectives of the study while considering the unique characteristics of the project area. The design is tiered so that the majority of the resources (monitoring as well as chemistry) are applied to Buck Gully Creek and Moro Canyon where the majority of the information is needed. Intermediate resources are applied to Morning Canyon Channel, Los Trancos Creek, and Muddy Creek. Monitoring in the smallest drainages (Pelican Point Creek, Pelican Point Middle Creek, and Pelican Point Waterfall Creek) was minimized. In addition, because analytical costs can be a large portion of the watershed assessments, two constituent lists have been developed. Analytes in Tables A & B from the California Ocean Plan will be used where the most diverse constituent list and greatest loading are expected and to establish reference conditions. A focused list with. a reduced number of analytes that are expected to be seen in the watershed (based on experience with similar assessments) will be used in other areas, thus providing the required loading estimates for minimal cost. Achieving Short and Long-Term Goals. As discussed above; there are several basic objectives that will be addressed with this study. However, due to the complex and dynamic nature of the reg» latory environment in California, Weston tries to leverage the results of particular studies so that the basic objectives are achieved and the data can also be used to support future studies. The study design for the Newport Coast Flow and Water Quality Assessment will provide a thorough analysis of constituents of concern and loadings within the watershed, as well as providing impot'ant baseline in_fo_rnation for future regulatory issues, such as Areas of Special Biological Significance (ASBS) and TMDLs. Newport Coast Flow and Water Quality Assessment 0 0 WISTON SOLUTIONS NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT SUMMARY OF TASKS March 30, 2005 Task ] — Research The effort under this task includes obtaining available data and reports pertinent to the flow and water quality assessment. Weston will complete the subtasks as stated in the Request for Proposal Scope of Work. The subtasks include: 1.1 Collect and Review Previously Prepared Studies and Land Use Plan within the Buck Gully Watershed Area 1.2 Contact SCCWRP for Water Quality Data 1.3 Review State and Federal Standards for 303(d) Streams in Area 1.4 Research Water Quality Issues with regard to Impact on Marine Refuge Areas The deliverable for this task will be a Technical Memorandum listing the documents and data obtained and review, a summary of the findings from this review, and identification any data gaps relevant to the Flow and Water Quality Assessment. Schedule Milestone: Completion of Technical Memorandum on Data Review Task 2 — Source Identification, Flow Measurement and Water Quality Monitoring The subtasks under Task 2 include preparation of the work plans and completion of the flow and water quality monitoring. The work plans include. the Dry Weather Source Identification Plan, Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP). The Source Identification Plan will be incorporated into the overall project SAP and QAPP, since the goals and objectives of the source identification program are tied to the overall SAP and QAPP. The SAP and QAPP will be prepared as separate documents, but follow the same schedule. The subtasks for the work plans are as follows: 2.1 Submit Outline of the SAP & QAPP — Outlines will be submitted to the City for review Schedule Milestone. Submittal of SAP and OAPP Outline 2.2 Prepare Draft and Final Dry Weather Plan — The Dry Weather Source Identification Plan will be part of the SAP and QAPP. A separate plan will not be completed because the goals and methodologies are tied to the overall program discussed in the SAP and QAPP. Schedule Milestone. Submittal of Draft and Final Dry Weather Source Identification Plan 2.2.1 Reconnaissance Survey for Dry Weather Source Identification - During the preparation of the Dry Weather Source Plan, which will be incorporated in the SAP and QAPP, a reconnaissance survey will be performed to identify potential sources and highlight these finding in the plan to better focus the field program. 2.3 Prepare Draft and Final SAP —The draft SAP will be reviewed by the City of Newport Beach. Once review comments are received, the final SAP will be completed for final approval by the City. The SAP does not require approval by the S WRCB in order to proceed with the field program. However, a copy of the SAP will be provided to SWRCB for comment. Schedule Milestone: Submittal of Draft and Final SAP 2.4 Prepare Draft and Final QAPP - The draft QAPP will first be reviewed by the City of Newport Beach. Comments will be incorporated and the revised Draft QAPP will be submitted to the SWRCB and RWQCB for review. Once review comments are received, the final QAPP will be completed for final approval of the SWRCB. The QAPP requires approval by the S WRCB in order to proceed with the field program. Schedule Milestone: Submittal of Draft and Final OAPP 2.5 Conduct Dry Weather Source Investigation — The dry weather source investigation will be conducted following approval of the Q_APP during the summer and fall dry season to pinpoint dry- weather sources (stormdrains, private drains, irrigation runoff, groundwater seepage, etc The mean and standard deviation and maximum flows for each significant source will be deteimined. This investigation will be conducted in conjunction with the summer /fall dry weather sampling program. 2.6 Perform Wet and Dry Flow and Water Quality Investigations — These investigation will be conducted as three separate subtasks: 2.6.1 Summer — Fall Dry Weather Flow Measurement and Sampling Program —(See Table 1 for Dry Weather Monitoring Program) 2.6.2 Winter— Spring Dry Weather Flow Measurement and Sampling Program— (S ee Table 1 for Dry Weather Monitoring Program) . 2.6.3 'Pet Weather Flow and Measurement Program -(See Table 1 for Dry Weather Monitoring Program) Task 3 — Buck Gully Drainage Analysis Under this task, WRC will update the 10- and 100 -year hydrographs using the rainfall - runoff relationship derived from monitoring with correction pf groundwater seepage (if any) found from Tasks 5, 2.6.1 and 2,6.2. WRC will extend the HEC -RES model to include the entire channel (using the 2 ft. topographic maps and assuming up to five r additional sections) and perform hydraulic modeling using the new 10- and 100 -year hydrographs. Schedule Milestone. Submittal of Updated Hydrographs/Model Results Task 4 — Pollutant Loading Evaluations This task includes the following subtasks: 4.1 Calculate the Characteristic Pollutant Loadings Profiles for Buck Gully for the We and Dry Seasons 4.2 Calculate the Characteristic Pollutant Loadings at (or near) the Mouths fthe Other Seven Canyons for the Wet and Dry Seasons 4.3 Compare the Pollutant Loadings Measured for Each Canyon with those Measured in the Reference Canyon, and if available, Watersheds in the SCCWRP Program Database 4.4 Review and Analyze Existing Data for Correlations Between Constituents of Concern and AB411 Violation and Other Violations 4.5 Coordinate with the City's GIS Division and provide Pollutant and Flow Data to GIS is a usable electronic form. 4.6 Provide Recommendations Regarding Future Monitoring (these recommendations will be provided in the Watershed Assessment Report in Task 5) Schedule Milestone: Submittal of Draft and Final QAPP Task 5 — Watershed Assessment Report This task includes the preparation of the Draft and Final Watershed Assessment Report. The Watershed Assessment Report will present the findings of the dry weather source identification study and the wet and dry weather flow and water quality monitoring programs. Recommendations for future montoring and special studies will be included. The results of the pollutant loading evaluations under Task 5 will also be presented. Schedule Milestone. Submittal of Draft and Final Watershed Assessment Report is Table 1. Summary of proposed monitoring elements for the Newport Coast Flow and Water Quality Assessment. assumes two quarters for the program Flow sensor and grab Sampling Sites MLS at mouth and up to 6 MLS at mouth and up to 2 sample at mouth, Stream rating and and Locations upstream sites within the upstream sites within the stream rating and grab sample at mouth watershed watershed grab sample at up to 2 alternate sites 24 -hour automated 24 -hour automated composite at mouth, single composite at mouth, single Sampling Type grabs and flow grabs and flow Single grabs at all Single grabs at all and Duration measurements. at 6 measurements at 2 sites sites upstream sites within the upstream sites within the watershed watershed Sampling Quarterly` Quarterly' Quarterly' Quadedy' Frequency Ocean Plan constituents at Ocean Plan constituents at mouth (App. C) for one mouth (App. C) for one Focused constituent Focused constituent Constituents to event, focused constituent event, focused constituent list at mouth and uo list at mouth and up to be analyzed list for other even" and at 6 list for other event and at 2 to 2 alternaie sites 2 alternate sites uosiream sites within the upstream sites within the (Table 2) (Table 2) watershed (Table 2) watershed (Table 2) °x >.WETWE47HEMONIORNG.: One station at mouth One station at mouth Sampling Sites MLS at mouth and up to 4 MLS at mouth and up to 2 with stream rating with stream rating and and Locations sites within the watershed sites within the watershed and one grab at one grab at mouth mouth Automated composite at Automated composi "e at Sampling Type mouth, single crabs and mouth, single grabs and One composite over One composite over and Duration flow measurements at 4 flow measurements at 2 storm event storm event upstream sites within the upstream sites within the watershed watershed Sampling 12 Frequency storm events 2 storm events 2 storm events 12 storm events Ocean Plan constituents at Ocean Plan constituents at mouth (App. C) for one mouth (Apo. C) for one Constituents to event, focused constituent event, focused constituent Focused constituent Focused constituent be analyzed list for other event and at 4 list for other event and at 2 list (Table 2) list (Table 2) upstream sites within the upstream sites within the watershed (Table 2) watershed (Table 2) assumes two quarters for the program :3:Jo'1.c,.. can iPrT tr, ID Tesk Namp. NEWPORT COAST FLOW AND WATER QUALITYASSESSMeM 8 OuroUtn Slan FiN9M1 1 Nolb¢ IB Proceed 1 day Fri W29N5 Ftl OgR0N5 qtr 2 2003 GI Qlrl Oh 2 ff Taskl- Resoarch Exbllnp gala 20 days Mon 05103/05 Ftl 05M)IUS glr2 9 1.1. C011etl/Review Prey. SludleslPlans 20 days MCn 05/03N5 FN 05R)!OS ,a " jm`S2L`A I J' N / Y2 CDntad -Cc— TPaWQ OaN iJy Ri OBNGIO✓ Fd O5m9NS 5 1.J Review St3MaMs for 3W(d5 Streams 2a days A1o006D205 FIIO5l2T /05 8 1:48 easel WO4ssues -Impatl to ASBS 1�Jdys MoO05102ro5 Fri 85113105 IIIL " T Ted Memo OnFlMinps dDala Gaps iday MJn96130.'O5. 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Prepare FINAL gAPP 15dy Tue WI19I05. MC 09!0605 ♦ yelps 23 Submll FINAL gAPP 1 day T --e-0BI00(35 Tue 00109'00 1" 24 AppNValo(.gAPP py SWRCB t0 ears wry Sail 03/09 26 2.5 D0ndutl Dry WeaNer3CV ®Investlp. nie o4'zaz0.$ 10aaYS Wdd0m", TCC1N0lm 20 2.8PAom Fbw MOnat,nO"Woq Sang 135 days Wea9B129105 ue 0 506 27 26'18---- Fall Dry WeaiM1effbwl5amp. --days WLy.U6,0405 23 20.2 WNtervSpMp Dry WeatherFbw /Samp, TUdays M11123MS nrnaD Tuc 021zWO6 ` p ' 9 2.0.3 WN Wea(MrFbw /Samp ImesL W days W9J 1N3firo5 Tue 02/23/06 _ B Task ].pusk GUlly Dnlnage AnalYSls 33 days Mon 01/30100 91 3,1 UpIatC Hydmgmphs WM 0311 -IW �- 40 Jays MOn U1/3Ng6 Ftl n;@iN0 32 12Pertoml llEGRES MOdtl. U(daled Mydm. 30 days Mon9—VI J106 '33 Submll UWaled.Mytlmpmphsnd0tlel Resuks FA 01124108 1 Jay !Ann 03127/06 MO0pJ2T106 34 Task9 P011ulavl LOadidp Evaluallons 3ddays Wdd03IM06 Fd04121R) L27 35 1.1 Cal.. L.talt.s 1premkGuilt 159ays WCd01/09N6 Tue-01125103 33 1.2 N ga or anyVns 20 days WW 03p8lGfi 97 ® /.3 gompareCanyons Wl Re.Cany0n Tue04I26N3 2! i5 des y Wed3418510O Tue 01!85106 4 90 4.4 -COC VS ABMVIplatbns —'— 10 days W¢J pJY3gl00 Tue olll l/W 30 DV la0ala 1.5 Oevebp 615 P03NaM and Fbw Data 12 tlays 77ed 01I12roG _ '0 Supmd GlS PO Nan! arN Fbw Data la City Th ,,,/ Ofi —FJ @iyg i day Fd 0412WM 0/ /23160 / 4.S0ev. Remmmd.r Pmvbeb Rpl -Tasks 20 tlays Mon 021!06 Fd0312� vee 04ne 2 Tasks Walershod Ationsmonl Report 72 Jays FiiIIZ/1S'Ofi Mon 0512B1pfi 43 fi.i Pmpere DRAFT Widitr, Roaad 3D tlays Mun Ol2NOB Fd OgQaz06 44 Sub 1 0RAFT Reipd 1 day Fd 01 /20!00 Fn 01!26100 "oil 45 Review YCXV Of Newpod 9ev4r 20 ri., Man 0$/01106 IB' 5.2 PrepnmFINAL Wa emhcd R¢Ind PQ OSIIfif00 4/29 T 2Oeas Mon 0.512W06 FdON33 OE Snbmil FltJAl Repoli 1�i ay Mon OG /26100 IA n -0N2 &08 PNIef1033o05 Da1A W�o13U /0.5 Task 3p'I Pro0mss S,mmary ExlemaiTUxa I"�J^^,*. peaJllae ® AIIICSt..a O Pm eU Smn nary Yie�,+s t .F- EvmrnalMMemau ' 4. Fee Proposal The table below provides the Weston Solutions current fee schedule for each job classification Newport Coast Flow and Water Quality Assessment— Fee Proposal rM The table below provides the WRC Consulting Services, current fee schedule for each job classification The table below provides a not -to- exceed amount for the services to be provided. Newport Coast Flow and Water Quality Assessment - Fee Proposal 'S G� c f' � Its 4.r' f• � �i � .t � F_ _: t rM The table below provides the WRC Consulting Services, current fee schedule for each job classification The table below provides a not -to- exceed amount for the services to be provided. Newport Coast Flow and Water Quality Assessment - Fee Proposal Table 2 - Labor Hour Summary The chart below provides an estimate of the number of hours needed for each task for each job classification in the scope of services. The table below provides the WRC Consulting Services current fee schedule for each job classification The table below provides a not -to- exceed amount for the services to be provided. Newport Coast Flow and Water Quality Assessment - Fee Proposal W of Newport Beac(& BUDGET AMENDMENT 2004 -05 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 055 AMOUNT: Si25,0o0.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To appropriate $125,000 of a larger Proposition 13 grant to be utilized for Newport Coast Watershed Assessment studies. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 255 48xx Prop 13 NCWS Grant EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7255 Environmental Contributions Fund Account Number C5100779 Newport Coast Watershed Assessment Division Number Account Number Division Number Account Number Division Number Account Number Signed: Approval: Signed: /— - Administrative Aoc nistraVe Services Director City Manager Amount Debit Credit $125,000.00 * Automatic $125,000.00 ^Date � D e Signed: City Council Approval: City Clerk Date