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HomeMy WebLinkAboutC-5039 - Agreement to Conduct a Water Balance Analysis for the Big Canyon Wash WatershedAgreement No. DII -088 AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE TO CONDUCT A WATER BALANCE ANALYSIS FOR THE BIG CANYON WASH WATERSHED This AGREEMENT is made and entered into as of the 11 +�' day of J ON r-- , 201.1., by and between the City of Newport Beach (CITY) and the County of Orange (COUNTY) The CITY and COUNTY may hereinafter be sometimes jointly referred to as PARTIES or individually as PARTY. RECITALS WHEREAS, the United States Environmental Protection Agency has enacted a Total Maximum Daily Load identifying selenium as a pollutant impacting the beneficial uses of Newport Bay; and WHEREAS, the State of California is developing its Total Maximum Daily Load and implementation plan for selenium and it is likely that the COUNTY and CITY will be parties with assigned Waste Load Allocations; and WHEREAS, further studies are necessary to fully understand sources of selenium and to identify appropriate mitigation projects and management tasks to reduce selenium loads; and WHEREAS, the preparation of a water balance analysis (STUDY) will provide essential information to identify the sources of water and selenium in the Big Canyon Wash Watershed within the CITY; and WHEREAS, the COUNTY and CITY entered into a Total Maximum Daily Load Funding Agreement D99 -128 with other parties establishing a framework for performing and funding on a cooperative basis studies necessary to identify appropriate mitigation projects and management tasks; and WHEREAS, the COUNTY, through Agreement D99 -128, has funding for performing the STUDY in the Big Canyon Wash Watershed; and WHEREAS, the CITY has agreed to contract for and manage the STUDY for the COUNTY resulting in the delivery of a STUDY report. NOW THEREFORE, IT IS AGREED by and between the PARTIES hereto as follows: Section I: Purpose This AGREEMENT is entered into for the purpose of establishing the City as entity that will contract for and manage the STUDY and to provide COUNTY funding for the completion of the STUDY. -1- v3 11 -1 -I1 Agreement No. D11 -088 Section 2: Tenn The term of this AGREEMENT shall commence upon execution by all of the PARTIES of this AGREEMENT and shall terminate upon completion of the STUDY or in 18 months, whichever comes first. The Director of OC Public Works may extend the term provided the financial obligation of the County is not increased Section 3: COUNTY will: a. Reimburse the CITY for actual costs for completing the STUDY, not -to- exceed $100,000, except for CITY salaries and overhead for staff providing project management services; and. b. Reimburse the CITY within 90 days of the date of each invoice accompanied by adequate supporting documentation acceptable to COUNTY; and c. Provide in kind technical assistance in furtherance of the purposes of this AGREEMENT where possible; and d. Provide pertinent and available data to CITY or its contractors and consultants; and e. Review and approve STUDY scope of work and reports. Study scope of work will include sufficient detail to assure preparation of a technically sound water balance analysis for the Big Canyon Wash Watershed. Section 4: CITY will: a. Prepare a final scope of work and schedule for the STUDY; and b. Issue contract(s) for the performance of the STUDY scope of work and provide project management services related to such contracts at no cost; and c. Coordinate quality and performance of the STUDY with COUNTY; and d. Deliver draft and final STUDY reports in a timely manner as defined in the final scope of work; and e. Invoice COUNTY monthly for STUDY costs. Section 5: Administration a. COUNTY representative for all matters pertaining to this AGREEMENT shall be the Director, OC Public Works or Designee; and b. CITY representative for all matters pertaining to this AGREEMENT shall be the Public Works Director or Designee. Section 6: Notices a. Notices or other communications which may be required or provided under the terms of the AGREEMENT shall be given as follows: COUNTY: Director, OC Public Works County of Orange -2- vs n -1 -n Agreement No. D11 -088 PO Box 4048 Santa Ana, CA 92702 -4048 (714) 834 -3144 Telephone (714) 834 -2395 Facsimile CI'T'Y: Robert Stein, Assistant City Engineer City of Newport Beach, Public Works 3300 Newport Boulevard Newport Beach, CA 92663 (949) 644 -3322 Telephone (949) 644 -3218 Facsimile b. All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above; the PARTIES may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours, or in the event of receipt after normal business hours, on the following business day. Any notices, correspondence, reports and /or statements authorized or required by this AGREEMENT, addressed in any other fashion, shall be deemed not given. c. Either PARTY may change the address to which notices are to be sent by giving notice of such change to the other PARTY. Section 7: Termination a. Either PARTY may terminate this AGREEMENT if other PARTY does not proceed with its responsibilities as described herein. blither PARTY may terminate this AGREEMENT upon sixty (60) calendar days notice, provided that PARTY reimburses other PARTY for any cost incurred up until date notice of termination was given. c. Notice of Termination shall be in writing and shall state the date upon which such termination is effective. Notice shall be served as per "SECTION 6: NOTICES" above. Section 8: Independent Contractor Status This AGREEMENT is by and between the COUNTY and CITY and is not intended and shall not be construed so as to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the PARTIES. -3- v3 11 -1 -11 Agreement No. D11 -088 Section 9: Successors and Assigns This AGREEMENT shall be binding on the successors and assigns of the PARTIES hereto. Section 10: No 'Third Party I3eneticiaries Nothing expressed or mentioned in this AGREEMENT is intended or shall be construed to give any person, other than the PARTIES hereto, and any successors or assigns, any legal or equitable right, remedy or claim under or in respect of this AGREEMENT or any provision herein contained. This AGREEMENT and any conditions and provisions hereof, is intended to be and is for the sole and exclusive benefit of the PARTIES hereto and the others mentioned above, and for the benefit of no other person. ` Section 11: Reference to Calendar Days Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. Section 12: Waiver of Rights The failure of the PARTIES to insist upon strict performance of any of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver of any right or remedy that the PARTIES may have and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of this AGREEMENT thereafter, nor a wavier of any remedy for the subsequent breach or default of any term, covenant or condition of this AGREEMENT. Section 13: Governing Law and Venue This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. The PARTIES specifically agree that by soliciting and entering into and performing services under this AGREEMENT, the PARTIES shall be deemed to constitute doing business within Orange County from the time of initiation of work, through the period when all work under this AGREEMENT is completed, and continuing until the expiration of any applicable limitations periods. Furthermore, the PARTIES have specifically agreed, as part of the consideration given and received for entering into this AGREEMENT, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394. -4- v3 11 -1 -11 Agreement No. D11 -088 Section 14: Severabiiity If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. Section 15: Attorney Fees /Costs Should litigation be necessary to enforce any terms or provisions of this AGREEMENT, then each PARTY shall bear its own litigation and collection expenses, witness fees, court costs and attorney's fees. Section 16: Waiver and Interpretation Titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this AGREEMENT or any provision hereof. No provision in this AGREEMENT is to be interpreted for or against a PARTY because that PARTY or his legal representative drafted such provision. Section 17: Authority The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization, entity or individuals, enforceable in accordance with its terms. Section 18: Amendments It is mutually understood and agreed that no addition to, alteration of, or variation of the terms of this AGREEMENT, nor any oral understanding or AGREEMENT not incorporated herein, shall be valid unless made in writing and signed and approved by all necessary PARTIES. Section 19: Entire Agreement This document sets forth the entire AGREEMENT between PARTIES concerning the STUDY and may be modified only by further written amendment between the PARTIES hereto, in accordance with SECTION 18: AMENDMENTS. Section 20: Counterpart Signatures This AGREEMENT may be executed in one or more counterparts, and all the counterparts shall constitute but one and the same agreement, notwithstanding that all PARTIES are not signatories to the same or original document. -5- v3 11 -1 -11 Agreement No. D11-088 IN WITNESS WHEREOF, each PARTY hereto has executed this AGREEMENT by its duly authorized representative on the dates opposite their respective signatures: Date: t✓ �.n APPROVED AS TO FORM: B Counsel to CITY CITY OF NEWPORT BEACH By Nancy Gard ayor I Me v3 11-1-11 Agreement No. D11-088 COUNTY OF ORANGE, a political subd'vision of the State of Calif is Date: (o -1 q- 12 By Chair of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD. A�4s Date: (o By (. . _. Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM COUNTY COCL By - Date: -7- v3 11-1-I1 NEWPORT BEACH �Council Report Agenda Item No. January 10, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 -044 -3311, sbadum @newportbeachca.gov PREPARED BY: Robert Stein, Assistant City Engineer APPROVED: t kt ll� Approval of Professioiniai Services Agreement with Daniel B. TITLE: Stephens & Associates, Inc., (DBS&A) for Big Canyon Water Balance and Approval of MOU with County of Orange for Funding ABSTRACT: Approve a professional services agreement with DBS&A to conduct a water balance study in the Big Canyon Watershed in an effort to better understand where and how surface water is being generated to aid with reducing runoff into the Canyon. RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to enter into an agreement with the County of Orange (County) for the County to provide $100,000 to fund a water balance study for the Big Canyon Watershed. Further, authorize the Public Works Director or designee to represent the City for all matters pertaining to this agreement. 2. Approve Budget Amendment No. 12BA -021 recognizing a contribution of $100,000 from the County of Orange and appropriating $100,000 to Account No. 7255— C5002004. 3. Approve a Professional Services Agreement with DBS &A of Newport Beach, California, at a cost not to exceed $100,000 and authorize the Mayor and City Clerk to execute the Agreement after the funding resolution with the County has been fully approved and the City receives an executed copy. Approval of Professional Services Agreement with Daniel B. Stephens & Associates, Inc., (DBS &A) for Sig Canyon Water Balance and Approval of MOU with County of Orange for Funding January 10, 2091 Page 2 of 3 FUNDING REQUIREMENTS: The fee for DBS&A to conduct the water balance study is 5100,000. The City will be reimbursed for the entire amount from the County of Orange, Central Watershed budget. Account Description Account Number Amount Contribution 7255- C5002004 $100,000.00 DISCUSSION: The Big Canyon watershed covers two square miles. The upper reach of the watershed includes the Big Canyon Reservoir and the Port and Yacht Community Associations, The center portion of the watershed includes all of the Big Canyon Community Association and golf course and the lower portion of the watershed includes the open space area west of Jamboree Road and portions of the communities directly adjacent to the canyon. Routine water quality monitoring in Big Canyon Creek found high selenium concentrations in the water column. More extensive testing conducted throughout the watershed last year confirmed high concentrations of selenium in the water column, stream sediment, and within animal tissue including birds and fish. Based on this testing and a review of geologic information, the current hypothesis is that recharge of the groundwater aquifer, possible due to over- irrigation practices, has mobilized naturally occurring selenium that was embedded in the underlying Monterey geologic formation. Once mobilized, the selenium is carried by the groundwater and discharged into Big Canyon Creek. The United States Environmental Protection Agency has enacted Total Maximum Daily Load's (TMDL) identifying selenium as a pollutant impacting the beneficial uses of Newport Bay, The State of California is developing a selenium mitigation implementation plan to address the problem. Watershed partners that include the City, County and other cities and agencies in the watershed are working with Regional Water Quality Control Board (Regional Board) under an agreement (Agreement No. D99 -128) to develop the mitigation plan. As part of the agreement budget, the watershed partners have agreed to provide $100,000 for the preparation of a water balance study in the Big Canyon Watershed to provide a better understanding of groundwater recharge, the groundwater flow pattern and the mobilization and transport of selenium. This information will then be used to identify appropriate mitigation projects and management tasks to reduce this water and corresponding selenium loads. The County, with assistance from watershed partners, recently completed a comprehensive proposal review process to select a consultant to prepare a similar water balance study centered on the area of Peter's Canyon Wash in the Cities of Irvine Approval of Professional Services Agreement with Daniel B. Stephens & Associates. Inc., (DBS &A) for Big Canyon Water Balance and Approval of MOU with County of Orange for Funding January 10, 2011 Page 3 of 3 and Tustin. Under this consultant selection process, DBS &A was rated highest and is now under contract with the County. After consultation with our watershed partners and in association with their recent recruitment for consultants, the City invited DBS &A to prepare a proposal for similar work in the Big Canyon watershed. DBS &A prepared a detailed scope of work for the water balance study (attached) working in close consultation with Regional Board staff. City staff have reviewed and approved the scope of work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: adurn Director A. Professional Services Agreement B. Scope of Services C. Schedule D. Agreement with the County of Orange E. Budget Amendment F. Map of Big Canyon Watereshed n- PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC. FOR BIG CANYON WA T '.R BALANCE THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this _ day of _ ; 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and DANIEL B. STEPHENS & ASSOCIATES, INC., a California corporation ( "Consultant "), whose address is 260 Newport Center Drive, Newport Beach, CA 92660 and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to analyze runoff and groundwater flows to provide information that will assist the City in the Selenium Mitigation Program in the watershed. C. City desires to engage Consultant to provide analytical data of the Sig Canyon Water Balance ( "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 John J. Dodge, PG, F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on December 31, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference, Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. J 3.1 Time is of the essence in the performance of Services under this Agreement and the Servicos shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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. 31 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. 3.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thousand Dollars and no /100 ($100,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 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. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 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. Daniel B. Stephens & Associates, Inc. Page 2 4.3.2 Approved reproduction charges 4.3.3 Actual costs and/or other costs and/or payments specifically autho ^zed in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 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 John J. Dodge: PG to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 . 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 or his designee, 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 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 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. Daniel B. Stephens & Associates, Inc. Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local taws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is 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. HOLES HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers 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 the negligence; recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, 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 Daniel B. Stephens & Associates, Inc. Page 4 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 hislher duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Daniel B, Stephens & Associates, Inc. Page 5 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, amployees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 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, 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition. Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liabilitv 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, blanket contractual liability. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. Daniel B. Stephens & Associates, Inc. Page 6 i� 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a ,given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewai of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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. Daniel B. Stephens & Associates, Inc.. Page 7 r • e City and Consultant agree that subconsultants may be used to comryrete 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. 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 17.1 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 histher 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. 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 the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project, 26. CONFLICTS OF INTEREST 26.1 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 Daniel B. Stephens & Associates, Inc. Page 9 ,3 performed under this Agreement, and (2) prohibits such persons from making, or participating in making; decisions that will foreseeably financially affect such interest. 251 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. 26. NOTICES 26.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein: Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3322 Fax: 949 -644 -3318 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: John J. Dodge, PG Daniel B. Stephens & Associates, Inc. 260 Newport Center Drive Newport Beach, CA 92660 Phone: 714 - 747 -9456 Fax: 949- 999 -3356 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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 Daniel B. Stephens & Associates, Inc. Page 10 !� 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 suoh default, and thereafter diligently take steps to cu,--- the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 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. 29.2 Waiver A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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. 29.4 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. Daniel B. Stephens & Associates, Inc. 11 29.6 interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 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, 29.7 Severabilitv 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. 29.8 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. 29.9 dal 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. 29.90 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.19 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Daniel B. Stephens & Associates, Inc. _ Page 12 M IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Dater By;, B,cY�� � Leone Mulvihill �`�;�,;,. Assistant City Attorney ' ATTEST: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Dave Kiff City Manager CONSULTANT. DANIEL B. STEPHEINS & ASSOCIATES, a New Mexico Corporation Date: By :. Michael Ditner, President Date: By: Judy Neeter, Chief Financial Officer Attachments: Exhibit A — Scope of Services & Cost Estimate Exhibit B — Schedule of Billing Rates Exhibit C — Estimated Project Schedule Daniel B. Stephens & Associates, Inc.i Page 14 September 22; 2011 Mr, Robert G. Stein Assistant City Engineer City of Newport Beach Public Works 3300 Newport Boulevard Newport Beach, CA 92663 Re: Scope of Work and Cost Lstimate Big Canyon Water Balance and Related Tasks Big Canyon Watershed New-porl Beach; California Dear Mr. Stein: Daniel 13. Stephens & Associates, Inc. (DBS &A) is pleased to provide the City ofP ewport Beach (City) our proposed scope of work and cost estimate for the Big Canyon water balance and related tasks as we discussed on August 24, 2011. The scope of work outlined below consists of the following tasks: • Task l— Background document review; • Task 2 — Hydrogeologic characterization; • 'Task 3 — Piezometer and staff gauge installation; • Task 4 — Groundwater mounding evaluation; • "Task 7 — Surface water flow monitoring: • Task 6 — Water balance development; and a Task 7—Reporting. Task t — Background Document Review DBS &A will download and review available background project documents provided by the City related to Big Canyon area geology, hydrogeology, hydrology, water quality sampling and previous work related to selenium total maximum daily toad (TMDQ development and /or compliance. This task also includes coordination with the City to receive available geographic information system (G1S) files such as regional topography, utility lines, land use, and watershed boundaries. DBS &A also assumes that the City will provide DBS &A with access to historical water operational databases (e.g. storage, pumping. and other relevant water transfer data) as available and appropriate. DBS &A will coordinate with other City consultants to obtain and review boring logs, piezometer and well construction diagrams, water level data, groundwater reports, reservoir construction data and maps, and available construction and operational data for initastnteture in Daniel B. Stephens & Associates, Inc. 260 NewOort. Center Odve 949 999 -3304 Newport Beach, CA 92660 ft Mr. Robert Stein September 22, 2011 Page 2 the watershed, such as the Big Canyon Reservoir and features within the Big Canyon Country Club property. DBS &A will also contact Ford Motor Company (Dearborn, Ml) to request access to existing piezometers in lower Big Canyon for the purpose of periodic water level monitoring and/or groundwater satttpling. Historical water level and analytical sampling data from the former Ford Aeramnronic Property are available through the Regional water Quality Control Board (RwQCB) and the State Geotracker website. DBS &A will search for and download available Ford data that may be applicable to Big Canyon. This task also includes a site walk with the City and /or its other consultants to view the property and features of interest within the Natershed and to cite piezometers that will be installed under Task s. Task 2 — Hydrogeologic Characterization DBS &A will utilize the information and data from Task I and develop a site - specific hydrogeologic characterization of the Big Canyon watershed. This task includes the compilation of available geologic and hydrogeologic information from literature sources and related project documents and data, such as groundwater occurrence, water levels, regional. and local structure (folding, faulting, fractures, etc.), potential historical slope failures, historical arroyo flo%vpaths, horizontal and vertical hydraulic conductivity of various lithologie units \vithm the watershed; piezometrrc surface mapping, and the conliuuration of surface Quaternary alluvium deposits and underlying bedrock formations. One set of historical aerial photographs (approximately 5 over a 100 -year period) will also be obtained to evaluate pre - development and historical geomorphology and arroyo (surface water) locations within the watershed. Hydrogeologie cross - sectional diagrams will be constructed to show surface features, geologic structure in the subsurface, and groundwater levels based on available data. One cross- section will be oriented longitudinally through the watershed and a second cross- section will be oriented laterally across the watershed. Both sections will be located in consultation with the City to include and illustrate key 'features of interest. The cross- sections will foci. the basis for groundwater flux calculations that will be completed as part of the water balance development (Task 4). Based on the avai[ability of water level data, apreliminary groundwater poientiometric surface (groundwater flow) map for the watershed may also be constructed. A master site plan for the watershed will he completed to show features of interest, including existing and proposed piezometers, stomiwater lines, other utilities, property linen and the watershed boundary. Companion figures will also be produced to illustrate geologic features such as surfhee geology, contacts, strike and dip of mapped outcrops, and fault lines. SO Nor, Robert Stein September 22. 2011 Paae 3 Task 3 — Piezometer and Staff Gauge Installation Once critical geologic and hydrogeologic data are available from Task 1 and Task 2, DBS &A will design and install a set of new piezometers within the watershed to further characterize groundwater occurrence and flow direction. The piezometers will provide lithologic and water level data to complete a groundwater flow map for the watershed. The flow Wrap will form the basis for groundwater flux calculations that will be completed as part of water balance development. DBS &A understands that piezometer locations may be limited by property access with the Big Canyon Country Club (BCCC) or available City property within the watershed. if ucedcdt DBS &A will work with the City m obtain access; however. formal access agreements wi:1'1 be prepared by the City if needed. Piezometer installation will be completed by a California- licensed well driller using a hollow stem anger and the "pull- back" method of well casing installation. Piezometer casing will be 2- inch Schedule 40 polyvinyl chloride (PVC), with five (5) feet of screen slotted 0.010 or 0,020 inch depending on lithology near the well screen. Filter sand ( #'3 or 2/16) will be installed one foot above the well screen and the remaining annuhrs will be baektilled with eementlbenumite grout to grade. A depth of 35 feet is assumed for each Piezometer (additional drilling footage may result in additional project costs), DBS &A Nvill prepare and submit the required county well installation permits before drilling commences. In addition, DBS &A will subcontract a geophysical utility clearance firm to complete utility line clearance before drilling on private property where DigAter t does not have access. Drill cuttings will be directed to asoil bin temporarily staged near the drilling locations. Drill cuttings will be sampled for waste characterization parameters in preparation for waste profiling and offsite shipment for proper documented disposal. Locking welt caps and flush mount well boxes will be installed at each piezometer. The new piezometers wilt supplement the existing set of piezometers in tipper Big Canyon installed near and in the vicinity of Big Canyon Reservoir. Each new piezometer will surveyed into the same horizontal and vertical coordinate system, Selected existing piezometers will atso be surveyed into the same coordinate system. Land surveying will be completed by a California- licensed land surveyor. DBS &A will also purchase and install a surface water staff gauge in lower Big Canyon on the west side of.iamborce Avenue. With BCCC permission, two additional staff gauges will also be installed in the surface water ponds /streams on BCCC property to help identify gaining and losing reaches along the surface water floti�paths. z' Mr. Robert Stein September 22, 2011 Page 4 The staf3'gauges will be used to measure standing surface water level elevation contemporaneously with groundwater elevation measurements. The staff gauges will be surveyed into the same coordinate system as the piezometers within the watershed so that the water elevations can be directly compared. tfpossible, the surface water level within the Big Canyon Reservoir will also be measured and surveyed into the same coordinate system so the water surface elevation in the reservoir can be directly compared to surrounding groundwater levels� downgradient water levels, and the elevation of standing hater in lower Big Canyon. Soli 5amnling Selected soil samples will be retained during drilling for vertical hydraulic conductivity (Kv) analysis. The soil samples will be selected in tIte field, based on field drilling conditions and encountered lithology. At least one sample of the Monterey formation and the overlying Quaternary alluvium will be collected for Kv analysis. In addition, at least one soil sample of the Monterey formation will be collected for fixed laboratory analysis for total metals to evaluate selenium content of the formation. Piezometer Development The piezometers will be developed after installation using rig - assisted wireline bailing, surging, and pumping using a submersible pump. Development water, will be directed to drums or a water tank temporarily staged near the drilling locations. Development water will be sampled for waste characterization parameters in preparation for waste profiling and offsite shipment for proper documented disposal. Approximately € 50 gallons of groundwater per piezomcter (3 drums) is estimated for a total of 750 gallons of waste water. Groundwater Sam riling Once development is completed in each piezoineter, groundwater samples will be collected using the development rig for submittal to a fixed (offsite) laboratory for selected analyses. The following analyses are assumed: • 'Total metals (total selenium); • 5peciated selenium; • Cations: and • Anions. One round of groundwater sampling will be completed using the Smeal development rig. Approximately 4 of the 5 new piezometers will be sampled. D11S &A will evaluate the potential need for radon analyses in the goundwatcr samples and discuss this option with the City. For costing purposes; radon sample collection and analysis is assumed to be completed in 4 selected piezometers. DBS &A will subcontract Caiscience Environmental Laboratories, Inc, for analytical laboratory services, This task also includes PiperlStifl`diagrarn and cation/anion balance development and analysis using the groundwater ion data. a a, Nor. Robert Stein September 22; 3011 pate Pumninu Test DBS &A will also conduct a step -rare pumping test and a continuous -rate pumping test in one selectedpiezometerto evaluate horizontal hydraulic conductivity (Kh) of the screelted formation. The pumping piezometer (pumping well) will be selected where observation piezometers (ifany) are available for drativdown and recovery data collection. Water level measurement will be collected manually in the observation piezometers and in the pumping well. The pumping well data will also be collected by dowid ale transducer. A 4 -hour pumping test is anticipated with drawdown and recovery collected in up to 4 observation piezometers. Approximately 3 pumping rates (steps) will be attempted in the pumping well to detemrinc an appropriate rate for the continuous rate test. For costing purposes; the pumping well is assumed to be able to yield & gallons per minute for 4 hours to generate 1.920 gallons ofpumping test water. DBS &Acv =ill deliver and stage a fluid tank at the test area for pumping test water containment. The well development rig (Smeal) will be utilized during the pumping test for downhole pump installation and operation. pumping test water will be sampled for waste characterization parameters in preparation for waste profiling and o'if'site shipment for proper documented disposal. pumping and observation piezometer test data reduction and analysis will be completed using traditional mathematical methods embedded within the AgteSolvtt"l soliware package. DBS&A will subcontract Gregg Drilling and Testing Inc. (GDTI For piezometer drilling, development; and field assistance with groundwater sampling and pumping (Attachment. A). Quarterly Qrotmdwater Level Measurement DBS &A will conduct quarterly groundwater level measurement it) selected piezometers to evaluate water levels over time. Water levels will be measured 4 times over a one year period on a quarterly basis. Downhole measurements will be completed using a Sal'urist water level meter. Data will be compiled into a table format and groundwater flow maps will be constructed for each quarterly event. 'Task 4 — Groundwater Mounding Evaluation DBS &A will evaluate mounding of the groundwater table due to leakage from Big Canyon Reservoir. The equations developed by Hantush (1967) will be used to estimate the formation and extent of groundwater mounding beneath the reservoir. Previous estimates of reservoir leakage rates will be used in the analytical modeling. Given the assumptions on which the Flantush (1967)' mounding equations are based, a direct mathematical solution can be determined for hydraulic head at a given location for a given time since the onset of leakage. This approach is therefore commonly referred to as an analytical modeling approach, similar to the Theis solution for drawdown in an aquifer. The equations have previously been Nir. Robert Stein September 22, 2011 Page 6 programmed by DBS &A into a computer code for ease of application. Figure 1, attached, presents an example ofthe results oft lie groundwater mounding analytical model. Based on consultation with the City, DBS &A may also evaluate mounding or the 6roun&vater table in other areas of the watershed with apparently high rates of irrigation (e.g., residentiaI areas, the cemetery). The methods used to evaluate mounding in the irrigated areas will be based on assessment of the available data record, and other site- specific factors. Analytical methods, or shnple numerical modeling, may be used for these evaluations. Task s— Surraee Water Flow Monitoring Flow monitoring data will be collected continuously for a one -,year period for the purpose of estimatingannualwatershed loads. One site in the Big Canyon Watershed at the top of Harbor ViewNattn:e Park monitored for flow and water chemistry. Flow will be determined by measuring stream stage (i.e., water depth) with a Solinst Levelogger secured to the bottom of the channel as close to the stream thalweg as possible. Weirs or stilling wells may be incorporated into the installation, depending on site conditions. Data collected by the Levelogger will be manually downloaded during site visits conducted on a monthly basis. In addition to downloading data, the site visits will be used assess the need for additional stream ratings and trouble shoot any flow or sampling - related issues. To convert stream stage data to continuous flow, a strewn razing will be conducted at each site during the initial installation and periodically throughout die study period, depending on changes in site conditions. The stream rating will be conducted using standardized stream rating protocols developed by the USGS. Two 24 -hour monitoring surveys will also be conducted to determine concentrations of key constituents at each of the sites. The surveys will be conducted in February 2012 and July 2012. These periods were chosen to characterize the range of ambient conditions throughout the year. During each survey, samples will be collected two times within a 24 -hour period at the monitoring site. The monitoring analyte list will be developed in consultation with the City of Newport Beach. DBS &.A will subcontract Weston Solutions, Inc. to complete this task (Attachment B). Task 6 — Water Balance Development For this task, DBS &A will provide a detailed hydrologic water balance of the Big Canyon watershed. DBS &A will prepare a wet - season and dry- season water balance over two timc periods to be determined in consultation with the City. A range of potential values will be provided based upon reasonable estimates of various physical parameters. DBS &A understands that the City is most interested in developing a detailed, water balance for the upper portion of Big. Canyon while a more approximate balance is sufficient for lower Big Canyon. Methods used in development of the water balance will be consistent with methods DBS &A is separately employing in development of a water balance for the Newport Bay watershed Swamp of the Frogs area. The following components of the water balance will be included: Z4- Mr. Robert Stein September 22, 2011 Page 7 o Ga[r:rci! grnttntltvatsr inflow rnnloutfl to, Results of the hydrogeologic characterization prepared in Task 2 will be used to provide estimates of recharge (groundwater tlux) to groundwater flow from outside of the watershed and discharge of groundwater to areas outside of the watershed. `['his involves a Darcy's law calculation based on observed /estimated hydraulic gradient, aqua Cer thickness and estimated hydraulic conductivity. A ranges of hydraulic conductivity values will be applied. n itsrtical gr atrntcttaratcr.flacr hehveen shallom� and deeper water -bear irtg sorses. Similarly; results frorn'Iask 2 will be used to provide estimates of'groundwater flux between the shallow (alluvium) and deeper (bedrock) water - bearing zones. o Grotuulttlater hyection or extraction. Groundwater injection or extraction data, if any, compiled in Task I will be used in the balance. This includes nuisance water capture systems, remediation inection systems (such as at One Ford Roach, pumping wells - injection wells, or other systems that introduce or remove groundwater tolfrom the watershed. • Groundwater discharge to surface ii;wcr, anclstaface water recharge to gr^oundtvater Groundwater/surface water flux estimates will be prepared and be used for this component of the water balance. DBS &A recognizes that ephemeral surface water ponds, streams, wetlands, and riparian areas exist in the watershed and that surface water/groundwater flux may be dynamic over time. DBS &A will assist the City in a detennination of which segments of the BCCC surface water streams and ponds are gaining or losing. Other potential features such as storm water retention basins or areas of low - impact development (LID) (urban surfaces designed for increased infiltration) will also be evaluated and included in the balance as appropriate. • Pipe e:zrtn atforr /irrfiinzrticrrr. A nvell- developed stormwater, capture and distribution system exists within the watershed and DBS &A will estimate potential pipe exffltration (leakage to groundwater or surface water) and infiltra €ion of groundwater or surface water into the subsurface lines. • Reservoir leakage. DBS &A understands that the Big Canyon Reservoir was built years ago and has been modified once to include an asphalt sealing surface at the bottom of the structure. Also, water held in the reservoir may be leaking into the subsurface and creating a groundwater mound in the vicinity of the reservoir and upper Big Canyon. DBS &A will obtain and review available City data regarding the reservoir construction. use, and historical water input/output so that a value for reservoir leakage can be assigned in the water balance. • Groan duwter and surface water cornswuption via evgjx otransppircaion. Shallow groundwater consumption via vegetation evapotranspiration (including special ET rates assigned to riparian vegetation) will be assessed as a component of the water balance. a Grottnsh + >atcr recharge. %rarrrPr ecilnitatiori arul irrigatinri Recharge from precipitation and irrigation will be estimated using publicaliy available data and standard methods. Estimation of recharge includes evaluation of precipitation and irrigation rates, infiltration, evapotranspiration, soil- moisture storage, and overland runoff. The internationally Mr_ Robert Stein September 22, 2011 Page 8 recognized United Nations FAO -56 methods will be used to estimate recharge. Available city data for potable and recycled water use (meter data), as appropriate; will be used to assess residential, city, and commercial irrigation rates. These additional components will be also included in the water balance based on etds ing inibrmation or data: a IFS' t( l:�ftL'6T'EfF70ffCtfif�.4EOfaCe t7- (M -U77. a Imported and exported }eater rf arty. o Su face storage (In adclWon to the reset 1,0 0. The values of Water flux (or storage) for each component of the budget will be input into a spreadsheet which will be used to compute the historical groundwater and surface water balance for each time period included in the analysis. Based on data availability, the calculated water balance may be compared to observed changes in groundwater storage. A review, comparison, and adjustment of the various inputs and outputs in the balance may be made until a sufficient net sum water balance is achieved. Task 7 — Reporting DDS &A. will prepare a written report for this project that summarizes the methods and results of each task and includes, relevant tables, figures, and appendices. A draft of the report will be submitted to the City for one round of review and compiled written comments before City comments are addressed and a final report- is completed. Summary The UBS &A Task Order request (attached) totals $100,000. Budgetary details of this `Cask Order request are contained in the attached spreadsheet table (Attachment C). The scope of work will be completed in accordance with the Professional Services Agreement to be completed between the City of Newport Beach and BBS &A (Attachment D). Our current fee schedule is included as Attachment E. DBS &A can commence the work as soon as the Agreement is completed and written authorization is received. is Mr. Robert Stein September 22, 2011 Page 9 Please contact John Dodge at (714) 747 -9456 with any questions you have regarding this scope of work. DBS &A appreciates the opportunity to support the City of Newport Beach. Sincerely, DANIEL B. STEPHENS & ASSOCIATES, INC. John f, Dodge, PG Senior Hydrogeologist Associate Attachments: Attachment A Gregg Drilling estimate Attachment B Weston scope and cost Attachment C Cost summary table Attachment E Fee schedule for Stephen J. Cullen, PhD, PG (CA), CEM (NV) Principal Hydrogeologist Sr. Vice President tin 2;: c> m 4 7 N C 0 {11} spuod y #eaua8 banal ja}eM pa;el u iS Rl im i d c i- m 0 a- U C R fit{ 11 pi vI ISO_i 0 a <yp� O V N h CN N H N O Z y[tU -t N j N C O n C. .�M -IIq'J' t11 CI1 I C__l l 01 „l N w O aN Q w 5 2 q 41 Figure 6 jr Orb 4 REGG GREGG DRILLING &'TES'T'ING, INC. Environmental, Geot cl)S dCal and Marine Sitc Investigation Services 2726 XV,11 ut: Ave.: Si nvd Hd,, C :L 90765 5 Ph: (562)427 -0599 Fax: (�6 )42t� 2329 QUOTE FOR DRILLING SEA VICES Client: DB Stephens & Associates, Inc., Date: 9/15/2011 Contact: John Dodge E -mail: idodge(adbstephens.com Phone: 9491999 -3304 Project: Newport Beach Scope: Utilizing our Mobile B61 hollow stem drill rig - Drill and install Five (5) 2 "- diameter Sch. 40 PVC wells to a depth of 35' bgs. We will hand auger each location to 5' bgs - obtain soil samples at 5 -ft intervals, install 5' of Screen, 30' of blank casing. We will provide sand, bentonite seal. Cementtbentonite grout to 2' bgs, install 12 "- diameter surface completions. We will provide a forklift & hopper to transport cuttings to a client provided roll -off bin. We will develop the wells with our Smeal Development rig up to 72 hours after installation. After initial development has been performed we will perform a 4 or 8 hour pump test in one of the wells. Pump, generator and pipe will be provided on the Smeal rig. We will provide drums for water containment or provide a 500 - gallon water trailer to transport water to a client provided baker tank. Item Description of Services Unit Cost Units Estimated Chuantit Total 1 Drill rig - mob /demob S 300.00 day 3 $ 900.00 Drill and sample borings $ 28.00 ft 175 $ 4,900.00 2" Well installations $ 12.00 ft 175 $ 2,100.00 12" Surface completions. $ 175.00 each 5 $ 875.00 Forklift delivery & pick-up $ 350.00 each 1 $ 350.00 Forklift & hopper rental $ 300.00 day 3 $ 900.00 Standb time $ 280.00 1hr 0 $ - Plvwood/landinq mats for 1 location on grass S 100.00 day 1 S 100.00 Premium time - over 8 hrs on site $ 320.00 hr 0 $ 2 Development rig - mobldemob $ 300.00 day 2 $ 600.00 Operating time S 165.00 hr 12 $ 1,980.00 Submersible purnp rental S 150.00 day 2 S 300.00 Horiba meter rental S 85.00 day 2 $ 170.00 55 :gallon DOT drums $ 45;00 each 5 $ 225.00 PET tubing $ 0.50 ft 1751 $ 87.50 Premium time - over 8 hrs on site I S 45.00 1hr 1 01 $ - Sub -Total $ 13,48Z50 4 hr numo test - additional casts: Item Description of Services Unit Cost Units Estimated Chianti Total 1 Development rig - mob/demob - rig already on site $ 300.00 day 0 $ - O er ting time $ 155.00 hr 6 $ 990.00 Submersible pump rental $ 150.00 day 0.5 $ 75.00 Horiba meter rental $ 85.00 day 0.5 $ . 42.50 55-gallon DOT drums $ 45.00 each 5 $ 225.00 Premium time - over 8 hrs on site $ 45.00 hr O's Sub -Total $ 1,332.50 Prepared by 9/15/2011 Page 1 8 hr pump test - additional costs: Item Description of Services unit Cost units Estimated Quantity Total 1 Development rig - mob /demob $ 300.00 day 1 $ 300.00 O eratino tome $ 165.00 hr 10 $ 1,650.00 Submersible pump rental 150.00 day 1 $ 150.00 Horiba meter rental $ 85.00 day 1 $ 85,00 55-gallon DOT drums $ 45,00 each 10 $ 450.00 Premium time - over 8 hrs on site 1 $ 45A0 jhr 1 21$ 90.00 Sub -Total $ 2,725.00 Additional wells will be billed for at the above rates. We estimate 2 - 3 well completions per day. Prepared by 9/15/2011 Page 2 A,Z C-�, it - �W W ;9:t7lUSI' :N-Si Mr. John Dodge Daniel B. Stephens & Associates, Inc. 260 Newport Center Drive Newport Beach, CA 92660 WESTON SOLUTIONS, INC. 2433 Impala Drive Carlsbad, CA 92010 (760) 795- 69001(760) 931 -1580 FAX v w .westonsotuaon5xom September 22; 21011 Subject: Scope of Work for a Selenium Source Identification Study in the Big Canyon Watershed Dear John: 'Weston Solutions, Inc. (Weston,) is pleased to provide a Scope of Work (SOW) to conduct monitoring designed to identify sources orselenium in the Big Canyon Watershed (watershed)', which drains to tipper Newport Bay. Tate monitoring outlined to this SOW is designed to support ongoing efforts to identify sources of selenium in the watershed by the County of Orange. the Santa Ana Regional Water Quality Control Board, and other consultants. Estimated costs for the project are summarized at the end of the document. There are two primary study questions that will be addressed by the study: 1. Which sub- drainages contribute the greatest flows within the watershed? 2. What are the sources or water in the watershed that contribute to elevated flows at the bottom of the drainage (e.g., irrigation runoff. groundwater, seepage from Big Carryon Reservoir)? To address these questions. the portion of the selenium source identification study covered in this scope of work has one task. Task 1. Hydrological Characterization This task will be used to augment work that is currently being done by Weston under an existing contract with the City of Newport Beach. Task 1. 111droloaical Characterization One sway of assessing the relative contributions of inputs and outputs of flows and estimate the exchange of surrace water and groundwater within a drainage system is to conduct a water balance. The purpose, of the water balance is to determine the relative contributions to the overfill flow in the watet sshed from irrigation runoff. groundwater, and potential seepage from Big Canyon Reservoir. In this Phase of the project, one site in the Big Canyon Watershed at the top :11A M017' "'?, % -T r" -_ r5 .LU IY�,WS9 WFSTON SOLUTIONS, INC. 2433 Impala Orive Carlsbad; CA 920-10 (760) 755 - 68001(760) 431 -1560 FAX vv .westonsclutions.com of Harbor View Nature Party will be installed and i ncnitored for flow and water chemistry. This data will be used to contribute to the water balance for the watershed being conducted by Daniel B. Stephens. Flour monitoring data will be collected continuously'lbr a one -year period for the purpose of estimating annual watershed loads. Flow will be determined by measuring stream stage (i.e., water depth) with a SoIinst Levelogger secured to the bottom of the channel as close to the stream thalweg as possible. Weirs or stilling wells may be ,incorporated into the installation, depending on site conditions_ Date collected by the levelogger urill be manually downloaded during site visits conducted on a monthly basis. In addition to downloading data; the, site visits will be used assess the need for additional stream ratings (see below) and trouble shoot any Clow or sampling - related issues. TO convert stream stage data to continuous flow. a stream rating will be conducted In each site during the initial installation and periodically throughout the study period; depending on changes in site conditions. The sn'eatn rating will be conducted using standardized stream rating protocols developed by the USGS (Rantz, 1482). Two 24 -hour monitoring surveys will also be conducted to determine concentrations of key constituents at each of the sites. The surveys will be conducted during the following periods February, 2012 and July, 2012. These periods were chosen to characterize the range of ambient conditions throughout the year. During each survey, samples will be collected two times within a 24 -hour period at the monitoring site. Project Schedule: The project will commence upon written approval from the Daniel B. Stephens and will adhere to the following schedule. Task#+li w. 1)0mr-lotion :I Auaust, 2011 throughJuly, Hydrological Charactelization 2012 Cost Summary: The costs for the project are summarized below. Total not to exceed estimated project cost for all tasks based on time and materials: $9,712. WESTON SOLUTIONS, . INC. 2433 Impala Drive Carlsbad, CA 42010 (760) 795 -68001 (760) 931 -1580 FAX www .westom;olutmns.com Please call Steve Gruber at 760-795-6905 if you have any questions or comments on this Scope of Work. Very truly yo®rs, Stephen J. Gruber Project Manager Weston Solutions, Inc. cc: Project File Attachment G lIq -Go.CR. t -Esti J7Cate- %.'- Daniel H. Stephens c@ Associates, Inc. I. _; Cost Summary For City of Newport Beach Big Canyon Water Balance and Related Tasks September 22, 2011 Cost Summary by Task Task Roo. Project Description Cost 1 Background Document Review S6397 2 Hydrogeologic Characterization $7.412 3 Piezometer and Staff Gauge Installation $42,879 4 Big Canyon Reservoir Analytical Modeling $4,174 5 Surface Water Flow Monitoring $9,712 6 Water Balance Development $11,097 7 Reporting $17,929 Total: $100,000 _; \, .Daniel B. sfephens AssaeiaTes, Inc. Client Name: City of Newport Beach Project Name: Big Canyon Water Balarnt and Related Tasks Project Number: pending Terms: per agreement Task 1 Background Document Review Date: September 22, 2011 Estimator: J. DODGE Project Manager: J. DODGE Prepared by:. J. DODGE Approved by: S. CULLEN j SERVICES UNIT UNIT FEE QUANTITY , COST ... Principal Hour S 280.00 $ i Senior technical specialist Hour 225.00 2 450.00 Technical specialist Hour 20590 Senior engineerlscientist Ii Hour 180.00 24 4.341.00 - Senior engineerlacientist l Hour 153.00 12 1,836.00 Project engineeriscientist Hour 138.00 Staff engineer/scientist III Hour 118.00 Staff engineerscientist It Hour 108.00 Staff engineer/scientist I Hour 97.00 Fieldfiabonuoy technician Hour 87.00 Senior graphics designer Hour 105.00 Senior CAD technician Hour 97.00 GIS anaiyst,database analyst Hour 107.00 j GIStechnician Hour 97.00 Senior technical editor Hour 100.00 Technical editor Hour 83.00 Project assistant Hour 85.00 2 170.00 AssistanUprofessional Hour 75.00 _ Assistant technician Hour 1 65.00 Subtotal: I 40 S fi,797.00 EXPENSES MARKUP UNIT UNIT FEE QUANTITY. COST S $ I Subtotal: S 0:00 Total Direct Cast 6,797.Q4 Markup on third party services 0.00 TASK 1 SUBTOTAL $ 6,797.00 New Mexied Gross Receipts Tax (� 0.000 °t° 0.00 TASK 9 TOTAL $ 6,797.00 7u \t�J /3ani¢t 6. S'rey tr ens R A.crnc rnrrs, Ixr. v Client Name: City of Newport Beach Project Name: Big Canyon Water Balance and Related Tasks Project Numbcn: pending Terms: per agreement Task 2 Hvorooeoloaic Characterization Date: September 22, 7012 Estimator: J. DODGE Project Manager. J. ROUGE Prepared by: J. DODGE Approved by S. CUL1,EN SERVICES UNIT UNIT FEE QUANTITY. COST P;inooal Hour 280:00 g Senior ia ca Hour 225.00 1 225.00 Technical specialist - Hour 205.00 Senior enginearlsoientist 12 Hour 180.00 30 5,400.0 Senior engineer/scientist l Hour 153.00 Project engineeriscien0st Hour 138,00 Staff ongineertscientis, ill Hour 118.00 Stafrengirteer,`ssien[St it Hour 108.00 Stan engineerfscianust I Hour 07.00 FieldIabcratory technician Hour 67.00 Senior graphics cosigner Hour `05:00 Senior CHr72echnician Hour 07.00 16 i,552.Oc ( GIS anatysYdatabase. analyst Hour 107.00 GIS technician Hour 97.00 Senix teci nical editor Hour 100.00 Technical editor Hour 85.00 Project assistant Hoar 85.00 1 85.00. Assistanaprofessional Hour 75.00 Assistant technician Hour 65.00 Subtotal: 48 g. 2162 .00 EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST g t Aerial phc;cs(estimpte) 0% i 150.00 1 Subtotal:l $ 150.00 Total Direct Cost 7,412.00 Markup on third party services 0.00 TASK 2 TOTAL. S 7,412.00 G,T VIPllani.(V. Y•elhena d.Yafe•:ia: ee. ia.__ .�_..�J._.� G6yd..: : ".1'-a k6: -,. Da: >' vrt'xeS2CI1 P:ap:a'Ae ^a. Bq Cvain Y:e:oeEm t::u'• ?#tXa iasFY E3nv -. J.9Cv 6c Rgee: PAU Jtt. I'aMS:p >:ejttt Ai ii, J.10DOe Te:me. •w ms ttmen: Wpz.[.1 I pJDOE n o:ae!f df: S. LL¢LEN in"k] Pk:m SEkV{CE5 LNfi .MT ISE pp26TRV: I COST P:.n ' im F NEED 5 Eenlos;eRNCniywu2Si ZA .'0S?i heMxm soecidsi I$.. 2:500 :e:as /en¢wei %cenli:fR fIFLJG55 e.:u Y.DO 40 '7.0.0.0 Seniw<mjnaMYriMt3l1 DWI,, 3 Ndw 15100 RgeEtenquteertecicnOtt Will Uev(ywn(iag I Nwx 1'J800 GAHanyinewiofianuX 6Y P..till Tent I M.. 110.00 9cPvaryNmtlauauM: f• Uvry VAM IS 11au I ion 4t suftm0iuo-asdttu +u Naar •ft.c0 52 S,011W Fio!diutan:ry LeCa:ieWn To J. 05 eertw oraf.-`A Avti3lmilp:aaw`z -nal Fssipa.:;:eNNCS Yoa Nwr Hnv i 81 IA ICE OC ]5A0 fiStlC _ 9wtzW: 93 +.F {2214 EXP£6S£5 ��Am -m ®s- r_IL4RBCF VISIT ..11 FOE CUANTIh COST M�tme:a OmSW:eWlmab{ve[n{ +5 Ga.e I3.a01.St t,.>_+.+_s xcMaa'pY: -t'S :••t "% w:a ..;:asc m S.0 O das1. a'n : zxa a% asw z iM. PNtenmtfd: >1'l cfln.:vle id]) ex a1 ax. °_svNas 0"e: % 35 ]S 5 TSOK iM1pwasUb lvnderMwM1ec%m:n uGxs:naarprm C:G Nt 0:30 IOU &"geGrymnaPx: OY ob i.= f 7.o ` ]aC. Pm•ul h:i W:UaivS':x ¢NAa'n la:ew'el G% k 350.00 2Y +. oc sai n :crofcl- .ul1,mY'l Sava) - Ii san Ssal.MeOn.•ay. eta6 6aa vouve va•Ixaz�n.s nadlsrsa 6gl9oluRA.W= p'fl'a'lft$Tufl'; S6a v6+ Yd3 5 0Yr mo, z *"Id —A, omdJdd150 �tMee wuew'sknaa^d OYa aum, 10090 :5 I6(10,0 dw-.ni Tkdw waalaPma,n, Y•:aaiaFn.wdain,4Jtt„!, u`.w ox sm 1 G I,09 as:A.61. M.+O•Y Km-hs 6YVroc¢mNdv.mty 4 B`I M!Cd Pied Te:md =.ttLtaYe ffA 00 5 iw.'u4G S,OM(C 4S SCEO1 O'- Maa. SOM 3 lw= 4er:ri1 J8 M.CU i ?W'. fnt ^'iK i•:4 ' Gtt a F (S vs 11500 I'`Y a. . T YIAY I=d) 0°f. IOCD 5 5. £4005 5 1.'i0. so ftr3w: 0% :SOU d ].Cos.. ul ` icu!mss(Se4 +•A 2 1 4 "'.2dse o% z :.a — z 10 p eti rs Kv o:v�v mk 0. Is.6c a S,�.ea0a;saHSt Vam:dmec 600 0% d, 2 IS&A -k: WL M•tw (2) 0% aOY IM00 19000 2 200.0, PM.OIX 61u40a'.t3)rtc'atl OH I"ACO B 150.. cnce:eltucvesJi•raie OSA 25.00 ] 750 St ^rz: GOAth.` tM'd1 S% TM, :,60000 Y i60U• =sea e:ul+ =.null rwelaio0. s s6 a0. TASK o tOiRl_, _ a2,31G, AA +� flmrie! B. Srephrns & As,rnciafes, Arr. Client Name: City of Newport Beach Project Name: Big Canyon V'la!er Balance and Reiatetl Tasks Pn ect Number: pending Terms: par agreement Task Big Canyon Reservoir Analytical Modeling Date. Soptember22, 201i Estimator J. DOCGE Project Manager. J. DODGE Preparerl by: J DODGE Fycpmvcd by: S. CULL EN SERVICES UNIT UNIT FEE I QUANTITY COST _ Principal Hour ti 280.00 S Senior technical specialist Iiour ?.25,000 T 225.00 Technical spcola!ist Hour e05.0a Saniar engineer / "vCiaa6Y. ll Hour 180.001 1 180.00 Senior engineer /sclenitstI Hour 153.00 24 3,672,00 Frdet: enaineerlsrientist Hoer 138.00 S,ff engineal /scien!ist III Hour 118.00 Ste° engineenseentis: it Hcur 103,00 Stuff engineertsoierust i Dour 97,00 FieViabondary technician Hour 87.00 Senior graphics designer Hour 105.00 Senior CAD technician Hou. 87.00 t a7.00 GIs analysVdaiabase analyst Hour W 00 GI$'echnion" Hour 97.00 Sanicr technical editor Hour 100,00 Techrieal candy ticvr 85,00. P:ojeo a5515 a.t our 85.00 Ass? txn yP dtossiora: 75,00 Assistant technician Hour !lour @5.00 5ubtotaL 2T $ 4,174.00 EXPENSES MARKUP UNIT UNITFEE QUANTITY" COST 5 S Setitotal: Direct Cost 4;174.00 (Total Markup on mind patty services 0.00 TASK 4 TOTAL $ 4,174.00' 1, 7 DunPu7 E. Stegtreas & dsmuciotes, 711n. Client Name: City of Newport Beach Project Name: Big Canyon Water Balance. and Related Tasks Project Nunber. pending Terms: per agreement Tasks Surface Water Flow Monitor Date: September 22, 2011 UNIT Estimator: J. DODGE Project Manager. J. DODGE Prepared by: J. DODGE Apprc'red by: S. CULLEN !. SERVICES UNIT UNIT FEE QUANTITY COST Prin teat Hour $ 280.00 S Senior technical specisksl Hour 225.00 Technical svedalist hoar 205.00 Senior algL7eeds^ianiist it Hour 18090 Senior engineermcienfist I Hour 153,00 Project engineer /scientist Hour 138.00 Stall engineer /scientist 111 Hour 118.00 Staff engineer /scientist It Hour 108.00 Stag anginaenscientist l Harr slim Fieltlflaborsnoy technician Hour $7.00 Senior graphics designer Hour 105,00 Senior CAD technician Hour 97.00 Gib ana ystida ebase analyst Hour 107.00 GIS iaGhniciaa Hour 97.00 Senior techrdal ed;cr Hour 1000W Technical editor Hour 55.00 Project assistant Hour 85.00 Ass,cmntlprofessional Hour 75A0 Assistant technician _ Hour I 5.90 _ Subtotal: 0 $ 0.00 EXPENSES MARKUP UNIT UNIT FEE QUANTITY COST $ 5 Wastton Solutions prcposa Sccpe o dated 522/ 11 0% 1 9,712.00 A, 9.71200 Subtotal: $ 9712.00 Total Direct Cost 9,712.00 M20ku2 on third Larty services 0.00 TASK S SUBTOTAL $ 9,712.00 New ldemco Gross Receipts Tax 0.000% - 0.00 TASK $ TOTAL $ 9 712.00 it �I Task WaterBalance Development SERVICES UNIT UNITPEE' r QUANTITY CO57 Principal Hear S 2b7.00 Client Name: City of Newport Beach Date: September 22, 2011 Hour Project Name: Big Canyon Water Balance and Related Tasks Estimator: J. DODGE Project Number: pending. Project Manager: 1 DODGE Terms: per agreemnent Prepared by: J. DODGE 4,320.00 Senior engineedsaentist I Approved by: S. CULLEN Task WaterBalance Development SERVICES UNIT UNITPEE' r QUANTITY CO57 Principal Hear S 2b7.00 5 SeMCr technical specialist Hour 225.ta0 1 225.00 Technical specialist Hour 205.00 Sevier engineeriscientisi II Hour 180.00 24 4,320.00 Senior engineedsaentist I Hour 152,00 40 6,120.00 Project engineer/scientist Hour 138.00 Staff engineartscientist III Hoot 118.00 Staff erginee0scientist it Hour 108.00 A 432.00 j Staff engineerlsciantist l your 07.00 Field (laboraiery technician - Hour 57.00 Sella graphics designer Hour 105.00 Senior CAD teziumccian Hour 97,m7 GIS analyst/d3tsbase anays± Hour 107.00 CIS prioin cian Hour 57.00 Senior technical editor Hour 100.00 Technical editor Hour 85.00 Project assistant Hour 85x0 Assistant/professional Hour 75,00 Assistant technician Hour 65.00 Subtotal. 69. S. 11,097.00 EXPENSES MARKUP - UNIT UNIT FEE QUANTITY COST S 5 Subtotal: Total Direct Cost 11,097.00 Markup on third party services 0x0 TASK 6 TOTAL S 11,087.00 Task 7 RepoHina �\ nun;et rt, ,cr r7,.hans a :intro Giu re.r, /uc. Client Name: City o: Nrrpart Beach Project Nacre: Sig Canyon Water Balance and Related TasRs A; ojeei Number: pending Terms- Date: September 222011 UNIT Esntatar j. DODGE project, h1anager, J. DODGE Prepared by: J. DODGE Approved by: S. CULLEN per ag :eomcnt Task 7 RepoHina �\ nun;et rt, ,cr r7,.hans a :intro Giu re.r, /uc. Client Name: City o: Nrrpart Beach Project Nacre: Sig Canyon Water Balance and Related TasRs A; ojeei Number: pending Terms- Date: September 222011 UNIT Esntatar j. DODGE project, h1anager, J. DODGE Prepared by: J. DODGE Approved by: S. CULLEN SERVICES UNIT UNITFEE QUANTITY COST Principal — ^�" Hour S 280.00 —_ $ Senior technical specinitst Hour 225.00 4 900.00 Technical specialist Hour 205,00 Senior engine .1scionW it Hour 180.00 40 7,200.00 Senior engineerlsciortist l Hour 153A0 40 6,120,00 Project angineer /scian st Hou: 138.10 S:a °engfn =_e,7scanpst fll Hour 118.000 B!e,YSrtginearlscian;isi ll Hcur 108.00 12 1,298.00 i3mengineer1scler :l Hour 47.01 FieldRacc2'ory techaipian Man, 97.00 Senorgrepnics designer Hour 105.00 Senior CAD technician HCUI 37.10 e. 2,528,0 GISanalystfdaa•,ase analyst Haur 107.00 GIS tear acien Hour 97.00 Senior bahnlCal edkr Hour 106.00 Technical editor How 85.00 P:o'ect assistant Hour BS OC 85.Ca Ass'SanUpra;essinnni flour 75.00 Assistant technician Hour 85.00 Subtotali 421 $ 17,929.00 EXPENSES MARKUP UNIT UNIT FEE QUANTITY.. COST SubWtaE ITOtat bed Cast 17,929.09 thar.a an third o"ay services 1. TASK7TO7AL S 17,929.00 fyJ Attachment E Daniel p, Stephens & Associates, Inc. Schedule of Fees, California (Effective January 12011 through December 3t20/D Professional Services Principal~..--..-, .................... --- ......... .~.^...~.-...... Senior T...°..l Specialist.. ~.. ....... ............... ,.._..^.� Technical -r~~~~~ ............. -~............ ^^........... -~^^` ....... ^� Senior Q ... ........................ ................... .� Senior Engineer/Scientist ..................... ............. ................ .... ... Project ~n,r'~~^~~~^`~-^' ..... --~^~~"~^~~^^^'~`^~^^-� Staff E� . ..................... -~^�� Staff~~ ...... ...... .......... ~~....... -~-~^^-~~. -,-' Engineer/Scientist -I.~~^~~-.~-..-----~'`----~' Field/Lab Technician ... ..... ... ---- ................... ~'.-........... ....... Senior Graphics Designer. ..... . ..... --- ............ ........ . ...... ........... � Senior CAD Teuhninipn^ ....... . ... ........ ..... - ..... ............ ....� GkS AnalystfDatabase Analyst ............... ............ .......~....^ GkS Tech8kjan.. .......... .~..-.-_...~.............. ..~~~~ Senior Technical Editor ... ~ ......... ~.—................ .- ........ ........... Technical Editor ........................ ~...^....... ~~.^. ............. ~^��-� Project Assistant ............ .~....... ... .................. .'~..~�� Assistant/Professional... ...-. ^`.^~.~~.~.~..~...-� ... $280.08/hour --$225.00/hour ..$2Q5.U8/hVVr --$180.00/haur ...$153.001hour ....$138,80/hour ..$118.VO/huur ..�iOD8O/bmur .-,$97lK]8hour ..'$87.O81huur ..$1OS.U8/hour ..~-$D7lX}8hour ..$1U7.00/buur .'-$B7.00/h8uy ..$1OO.O08\uur -_.$85.8O/huur ....... $85.00/hour ....$7S.00/huur ..,. $65.001hour Al qD N t J(a (y N T ----------- . ------------- yI� YN r INP N r� �? A �m u v Ind �y �N � � E •ff V: j W D W PI r, i � � 0 iT :TID i -G6 .`J� I_ii •a IN `'J- ,'D •T3 D ."O O -V X25 E •iJ 5 I , I - w i4 Dp �N �Gp 01 �N '� iCl !d i - - _ .R .p : Iq a. if7U � I sr T"", Agreement No. DII -XXX AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE TO CONDUCT A WATER BALANCE ANALYSIS FOR THE BIG CANYON WASH WATEi._HED This AGREEMENT is made and entered into as of the day of 20 , by and between the City of Newport Beach (CITY) and the County of Orange (COUNTY) The CITY and COUNTY may hereinafter be sometimes jointly referred to as PARTIES or individually as PARTY. RECITALS WHEREAS, the United States Environmental Protection Agency has enacted a Total Maximum Daily Load identifying selenium as a pollutant impacting the beneficial uses of Newport Bay; and WHEREAS, the State of California is developing its Total Maximum Daily Load and implementation plan for selenium and it is likely that the COUNTY and CITY will be parties with assigned Waste Load Allocations; and WHEREAS, further studies are necessary to fully understand sources of selenium and to identify appropriate mitigation projects and management tasks to reduce selenium loads; and WHEREAS, the preparation of a water balance analysis (STUDY) will provide essential infonnation to identify the sources of water and selenium in the Big Canyon Wash Watershed within the CITY; and WHEREAS, the COUNTY and CITY entered into a Total Maximum Daily Load Funding Agreement D99 -128 with other parties establishing a framework for performing and funding on a cooperative basis studies necessary to identify appropriate mitigation projects and management tasks; and WHEREAS, the COUNTY, through Agreement D99 -128, has funding for performing the STUDY in the Big Canyon Wash Watershed; and WHEREAS, the CITY has agreed to contract for and manage the STUDY for the COUNTY resulting in the delivery of a STUDY report. NOW THEREFORE; IT IS AGREED by and between the PARTIES hereto as follows: Section 1: Purpose This AGREEMENT is entered into for the purpose of establishing the City as entity that will contract for and manage the STUDY and that the County shall reimburse the City for the costs associated herewith. -I- v3 11 -1 -I1 bt Agreement No. Dl 1 -XXX Section 2: Term The term of this AGREEMENT shall commence upon execution by all of the PARTIES of this AGREEMENT and shall terminate upon completion of the STUDY or in 18 months, whichever comes first. The Director of OC Public Works may extend the term provided the financial obligation of the County is not increased. Section 3: COUNTY will: a. Reimburse the CITY for actual costs for completing the STUDY, not -to- exceed $100,000, except for CITY salaries and overhead for staff providing project management services; and. b. Reimburse the CITY within 90 days of the date of each invoice accompanied by adequate supporting documentation acceptable to COUNTY; and c. Provide in kind technical assistance in furtherance of the purposes of this AGREEMENT where possible; and d. Provide pertinent and available data to CITY or its contractors and consultants; and e. Review and approve STUDY scope of work and reports. Study scope of work will include sufficient detail to assure preparation of a technically sound water balance analysis for the Big Canyon Wash Watershed. Section 4: CITY will: a. Prepare a final scope of work and schedule for the STUDY; and b. Issue contract(s) for the performance of the STUDY scope of work and provide project management services related to such contracts at no cost; and f. Coordinate quality and performance of the STUDY with COUNTY; and g. Deliver draft and final STUDY reports in atimely manner as defined in the final scope of work; and c. Invoice COUNTY monthly for STUDY costs. Section 5: Administration a. COUNTY representative for all matters pertaining to this AGREEMENT shall be the Director; OC Public Works or Designee; and b. CITY representative for all matters pertaining to this AGREEMENT shall be the Public Works Director or Designee. Section 6: Notices a. Notices or other communications which may be required or provided under the terms of the AGREEMENT shall be given as follows: COUNTY: Director, OC Public Works County of Orange -2- v3 11 -1 -11 t2 Agreement N o. D I I -XXX I10.I3ox 4048 Santa Ana; CA 92702 -4048 (714) 834-3144 Telephone (714) 834 -2395 Facsimile CITY: Robert Stein, Assistant Cite Engineer City of Newport Beach, Public Works 3300 Newport Boulevard Newport Beach, CA 92663 (949) 644 -3322 Telephone (949) 644 -321 S Facsimile b_ All notices shall be in writing and deemed effective wheat delivered in person or deposited in the United States mail, First class, postage prepaid and addressed as above. Notwithstanding the above, the PARTIES may also provide notices by Pacsimite transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business ]roars, or in the event of receipt after normal business hours, on t:he following business day. Any notices, correspondence, reports and/or statements authorized or required by this AGREEMENT, addressed in any other fashion, shall be deemed not given. c. Either PARTY may change the address to which notices are to be sent by giving notice of such change to the other 'PAR"I'Y. Section 7: Termination a. Either PARTY" may terminate this A.GRIMNIENT if other PARTY does not proceed with its responsibilities as described herein. b. Either PARTY may terminate this AGREEMENT upon sixty (60) calendar days notice, provided that PARTY reimburses other PARTY for any cost incurred up until date notice of termination was given. c. Notice of Termination shall be in writing and shall state the date upon which such termination is effective. Notice, shall be served as per "SECTION 6: NOTICES': above. Section 8: Independent Contractor Status This AGREEMENT is by and between the coU,!N TY and CITY and is not intended and shall not be construed so as to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the PARTIES. -3- 0 11 -1 -11 kgrecincril No. DI I -XYX Section 9: Successors and Assigns This AGREEMENVI'shall be binding on the successors and assigns of the PARTIES hereto, Section 10. No Third Par4,Bentficiaries Nothing expressed or mentioned in this AGREEMENT is intended or shall be construed to give any person, other than the PARTIES hereto, and any successors or assigns, .1 1 igns, arn legal or equitable riahl, remedy or ulain, under or in respect of this AGREEMENT or all), provision-berein contained, This AGREEMENT and any conditions and provisions hercof is intended to be and is for the sole and exclusive benefit of the PARTIES hereto and the others nientioned above, and for other person. the benefit of no Section 11: Reference to Calendar Days . Any reference to the word '=day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. Section 12; Waiver of Rights The failure of the PARTIES to insist upon strict performance of any of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver ol'any right or remedy that the PARTIES may have and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions offilis AGR13,13MEN'I'thereafter, nor a Wavier orany remedy for the subsequent breach or deti ,I oil 0fal1v term, covenant or condition of this AGREEXTENFL Section 13: Governing 1,aNv and Venue This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed in accordance with the laws of the State of California. fri the event ofarivle- g 1 2l action to enforce or interpret this ACRE 'EM ENT, the sole and exclusive venue shall be a court of competent ju risdiction located in Orange COU'lln California, and tire PARTIES hercto agree to and do hereby submit to the jurisdiction Of Such court, notwithstanding Code of Civil Procedure Section 394, The PARTIES specifically agree that by soliciting and entering into and Performing services under this AGREEMENT, the PARTIES shall be deemed to constitute doing business within Orange County from the time of initiation of work, through the period when all work under this AGREEMENT is completed, and continuing until the expiration of any applicable limitations Periods. Furthermore, the PANTIES have specifically agreed, as part of the consideration given and received for entering into this AGREEMENT, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394. H v3 11-1-11 Agreement No, DI I -XXX Section 14: Severability If any part of this AGREEMENT is held; determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this AGRE MEN'T shall be given effect to the fullest extent reasonably= possible. Section 15: Attornec F'eeslCosts Shatdd litigation be necessary to enforce any terms or provisions of this ACRE iMENI TT, then each PARTY shall bear its own litigation and collection expenses, witness fees, court costs and attorney's fees. Section 16: 'Waiver and Interpretation Tittles or captions contained herein are inserted as a inatter of convenience and for reference, and in no way define; limit, extend, or describe the scope of this AGREEMENT or any provision hereof: No provision in this AGREE,M- N °f is to be interpreted for or against a PARTY because that PARTY or his legal representative drafted such provision. Section 17: Authority The PARTIES to this AGREEMENT represent and warrant that this AGRE'EM'ENT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization, entity or individuals, enforceable in accordance with its terms. Section .18: Amendments It is mutually understood and agreed that no addition to, alteration of, or variation of the terms of this AGREEMENT, nor any oral understanding or AGREEMENT not incorporated herein, shall be valid unless made in vo riting and sinned and approved by all necessary PARTIES. Section 19: Entire Agreement This document sets forth the entire AGREEMENT between PARTIEES concerning the STUDY and may be modified only by rurther written amendment between the PARTIES hereto, in accordance, with SECTI()N 18: AMENDMENTS, Section 20: Counterpart Signatures This AGREEMENT may be executed in one or more counterparts, and all the counterparts shall constitute but one and the same agreement, notwithstanding that all PARTIES are not signatories to the same or original document. _5_ v3 11 -1 -11 Agreement No, D1 t -,`fXX IN WITNESS WBEREOF, each PARTY" hereto has executed this AGRE WENT by its dtaly at>thorized representative on the dates opposite their respective signatures: CITY OF NEWPORT BEACTI Date: — Steve Bndwn —Pi blic Works Dheeuer Date: 6 PPROVIM AS TO FOR% -F B'�� Counsel !:o CT1'Y AT1'F:S "T: Date: By: _ Leilan—if.'- I. F3rp ,n City Clerk -6- v3 1I -1 -1I c. Agreement No. DI I -XXX COUNTY OF ORANGE, a political subdivision of the State of California Date: By Chair of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD. Date: By Darlene J Bloom -- Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM COUNTY COUNSEL Deputy Date: 7- v3 I1 -1 -11 <1 1 0 `: I (y� (I7 , i `y' r ii) i•? (" fir (� (: f i BUDGET D. EFFECT ON BUDGETARY FUND BALANCE: L � ,r Increase Revenue Estimates X-1(j 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: avenue estimates and expendit PSA with Daniel B. Stephens & ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601} Fund /Division Account 255 4913 EXPENDITURE APPROPRIATIONS (3603) NO. BA- 12BA -021 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance an agreement with the County of Orange to Description Amount D— eb!t _ C� relit_ Description Environmental Contrib - County of Orange $100,000.00 Signed: dv Administrative Signed: i C /✓� Admin tive Approval: City Signed: City Council Approval: City Clerk Director Date Date Date Description Division Number 7255 Environmental Contributions Capital Account Number C5002004 Big Canyon Wash Restoration Division Number $100,000.00 Account Number Division Number Account Number Division Number Account Number Signed: dv Administrative Signed: i C /✓� Admin tive Approval: City Signed: City Council Approval: City Clerk Director Date Date Date ..s�Y� ':'.. �.. d � a�� � �' •� � � e `�" y + w � � � tr � � 1'" ,� yy � ni w t. n - J i=.N� t7 T " -'ia 44 ;�` � ''"� f u i �;�k� ��✓' ice'• �r�d�� : t, �- n _. �, w try. � { � �� Va ti � J }�; 4 jf���riY�i � � �� >o ,��, , � M 1c +�� IN 1 y � `+} � T.. r Rs'4. 1 # � t �-��' -.. v _ y' �_ �' �t 3 4I ': L- .'^.• -� t„ ,w �� � #fir, .h 1� ' � f } l,�l Q F+ � ,, 7� +� c �� .. •� . `� l a r _ z;Y � ' s'?=. �` � �