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HomeMy WebLinkAboutC-4814 - PSA for Newport Coast Area of Special Biological Significance Protection Implementation ProgramAMENDMENT NO. FOUR TO "J PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR �) NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four') is made and entered into as of this 9th day of April, 2014 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WESTON SOLUTIONS, INC., a Pennsylvania corporation ("Consultant'), whose address is 5817 Dryden place, Suite 101, Carlsbad, CA 92008, and is made with reference to the following: RECITALS A. On May 24, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement') for monitoring, special studies, best management practices (BMPs), design and construction oversight as part of the Newport Coast Area of Special Biological Significance Protection Implementation Program ("Project'). B. On May 10, 2012, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement, increase the scope of work and increase the total compensation. C. On April 26, 2013, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement, increase the scope of work and increase the total compensation. D. On December 12, 2013, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three') to extend the term of the Agreement. E. City desires to enter into this Amendment No. Four to increase the scope of work and increase the total compensation. F. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as amended, shall be supplemented to include the "Scope of Work for Newport Coast ASBS Protection Implementation Program' dated March 31, 2014, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Four shall collectively be known as "Exhibit A". The City may elect to delete certain tasks of the Services to be performed at its sole discretion. Weston Solutions, Inc. Page 1 2. COMPENSATION TO CONSULTANT 2.1 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and incorporated herein by reference. 2.2 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Twenty -Five Thousand One Hundred Eighteen Dollars and 00/100 ($825,118.00) ("Total Amended Compensation") 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." The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four in an amount not to exceed Seven Thousand Five Hundred Dollars and No/100 ($7,500.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Weston Solutions, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: q -'3 -1 !4 By: Aaron C. arp City Attorney ATTEST: .� Date: By: Leilani I. Brown City Clerk '%�ORN{P CITY OF NEWPORT BEACH, a Californi municipal corporation Date: By. j Rush N. Hill, II Mayor CONSULTANT: Weston Solutions, Inc., a Pennsylvania corporation Date: � --7- I til By: Davi Griffin Vice President Date: By: I �11 Step h h fid. Freed Assi ant Secretary [END OF SIG I"TURES] Attachments: Exhibit A — Scope of Work for Newport Coast ASBS Protection Implementation Program, dated 3/31/14 Exhibit B — Schedule of Billing Rates Weston Solutions, Inc. Page 3 Weston Solutions, Inc. Page A-1 WESTON SOLUTIONS, INC. 5817 Dryden Place, Suite 101 Carlsbad, CA 92008 (760) 795-69001(760) 931-1580 FAX _ ® www.westonsolutions.com Mr. Robert Stein, P.E. Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 March 31, 2014 Subject: Scope of Work for Newport Coast ASBS Protection Implementation Program The following Scope of Work (SOW) has been prepared to request funds necessary for coordinating with sub -consultants, completing the final project report, and assisting the City in submitting final invoicing materials for the Newport Coast ASBS Protection Implementation Program to the Prop 84 Grant Manager. The Scope of Work consists of three tasks: • Task 1 — Coordinating with Sub -consultants • Task 2 —Completing Final Project Report • Task 3 — Assisting City in Submission of All Project Invoices Task is Coordinating with Sub -consultants Weston Solutions, Inc. (Weston) shall coordinate with sub -consultants regarding all final deliverables for inclusion into the Final Project Report. This task includes reviewing and editing submitted reports and requesting revised versions of reports and figures for inclusion in the Final Report. Task 1 Deliverables: Final Project Report Task 2: Completing Final Project Report Weston shall prepare the Final Project Report, including all appendices for submittal to the Grant Manager. This task includes incorporating sections of the report that the City of Newport Beach (City) produced into the main document, updating or creating new maps and figures for the Overview and Introduction sections, and incorporating review comments and edits into the Final Project Report. Task 2 Deliverables: Final Project Report Robert Stein, P.E. March 31, 2014 Scope of Work — ASBS Protection and Restoration Program Page 2 Task 3: Assisting City in Submission of All Project Invoices Weston shall assist the City in reviewing and submitting invoices to the Grant Manager. Weston's accounting department and project manager will work with City personnel to ensure that all invoicing from Weston, and sub -consultants under Weston, meets acceptability criteria set forth in the Proposition 84 grant. Task 3 Deliverables: Successful submission of all invoices A cost breakdown is provided in Table 1 on a per task basis. 2 Completing Final Project Report $4,000 3 Assisting City in Submission of All Project $2,000 Invoices Total not to exceed estimated project cost for all tasks based on time and materials: $7,500. Please call me at 760-795-6920 if you have any questions or comments on this Scope of Work. Very truly yours, Weston Solutions, Inc. Dan McCoy Program Manager cc: Project File EXHIBIT B SCHEDULE OF BILLING RATES Weston Solutions, Inc. Page B-1 5OLUTION5 Weston Solutions, Inc. 5817 Dryden Place, Suite 101, Carlsbad, CA 92008 FEE SCHEDULE Labor Categories 2013-2014 Project Principal 200.00 Senior Project Manager 165.00 Project Manager 155.00 Senior Engineer 200.00 Engineer 150.00 Junior Engineer 90.00 Senior Scientist 140.00 Scientist 3 120.00 Scientist 2 100.00 Scientist 1 92.00 GIS Specialist 140.00 GIS Analyst 75.00 Environmental Analyst 84.00 Senior Technician 75.00 Field/Laboratory Technician 65.00 Project Control 75.00 W/P & Graphics 75.00 CITY OF 1 NEWPORT BEACH City Council Staff Report April 22, 2014 Agenda Item No. 10. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: 949-644-3322 TITLE: Approval of Amendment No. 4 to the Professional Services Agreement with Weston Solutions for the Newport Coast Area of Special Biological Significance (ASBS) Protection Implementation Program ABSTRACT: Weston Solutions is providing additional assistance to the Public Works Department to complete final grant reporting requirements for the Newport Coast ASBS Protection Implementation Program. RECOMMENDATION: Approve Amendment No. 4 to the Professional Services Agreement with Weston Solutions (Weston) of Carlsbad, California at a cost not to exceed $7,500.00, extend the term of the agreement to June 1, 2014, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Sufficient funds are available in Account 7014-C5002006 to fund the contract amendment. DISCUSSION: In response for a Request for Proposals, Weston Solutions was competitively selected from a pool of seven consultants. Weston Solutions was awarded a contract on May 24, 2011 to perform water quality assessments and design tasks under the City's Newport Coast Protection Implementation Program funded in large part from a $2.5 million grant from the State Water Resource Control Board (State Board). The initial contract amount was $697,818. Under this contract, Weston conducted monitoring of the ASBS to assess the overall health of the ASBS, updated the ASBS Watershed Management Plan, assisted the City in forming the Southern California Bight Collaborative that lobbied the State Board successfully in the preparation of 247 requirements for the ASBS "Special Protections", implemented a tidepool restoration project at Little Corona, and prepared construction drawings for two water quality improvement project in Newport Coast. Three amendments have been approved totaling $119,800. Under Amendment No. 1, Weston performed hydrologic and hydraulic analyses and prepared construction documents for the Cameo Shores infiltration project. Under Amendment No. 2, Weston performed compliance monitoring (core discharge requirements and ocean receiving water monitoring) required by the State Board's "Special Protections" promulgated in 2012. Amendment No. 3 extended the term of the agreement. All tasks under this three-year program have been successfully completed including construction of the Buck Gully Erosion Control Project, construction of the Reef Point and Shorecliffs Infiltration Projects, and implementation of the Newport Coast Smartimer Irrigation Controller Program. Construction documents have been completed for Cameo Shores infiltration project which has been proposed for OCTA Measure M funding. Weston Solutions has performed admirably in assisting the City with building a cost-effective ASBS protection program. As a final task to complete the work under the Proposition 84 ASBS grant contract to be funded under Amendment No. 4, Weston is assisting City staff with completion of the final project report and preparing the final grant reimbursement invoice for the State Board. ENVIRONMENTAL REVIEW: Staff recommends that the City Council find that 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) 15060 (c), and (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). ATTACHMENTS: Description Attachment A - Location Map Attachment B - Amendment No. 4 - Professional Services Agreement Weston Solutions 0 025 0.5 Miles S, WIPSWIIIFA�.� Ja 0 025 0.5 Miles S, WIPSWIIIFA�.� ATTACHMENT B AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this 9th day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WESTON SOLUTIONS, INC., a Pennsylvania corporation ("Consultant'), whose address is 5817 Dryden place, Suite 101, Carlsbad, CA 92008, and is made with reference to the following: RECITALS A. On May 24, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement') for monitoring, special studies, best management practices (BMPs), design and construction oversight as part of the Newport Coast Area of Special Biological Significance Protection Implementation Program ("Project'). B. On May 10, 2012, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement, increase the scope of work and increase the total compensation. C. On April 26, 2013, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement, increase the scope of work and increase the total compensation. D. On December 12, 2013, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to extend the term of the Agreement. E. City desires to enter into this Amendment No. Four to increase the scope of work and increase the total compensation. F. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as amended, shall be supplemented to include the "Scope of Work for Newport Coast ASBS Protection Implementation Program" dated March 31, 2014, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Four shall collectively be known as "Exhibit A". The City may elect to delete certain tasks of the Services to be performed at its sole discretion. Weston Solutions, Inc. Page 1 250 2. COMPENSATION TO CONSULTANT 2.1 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and incorporated herein by reference. 2.2 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Twenty -Five Thousand One Hundred Eighteen Dollars and 00/100 ($825,118.00) ("Total Amended Compensation") 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." The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four in an amount not to exceed Seven Thousand Five Hundred Dollars and No/100 ($7,500.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Weston Solutions, Inc. Page 2 251 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. I arp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONSULTANT: Weston Solutions, Inc., a Pennsylvania corporation Date: David Griffin Vice President Date: Stephen N. Freed Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work for Newport Coast ASBS Protection Implementation Program, dated 3/31/14 Exhibit B — Schedule of Billing Rates Weston Solutions, Inc. Page 3 252 EXHIBIT A SERVICES TO BE PERFORMED Weston Solutions, Inc. Page A-1 253 •w• ... ,/dL'� WESTON SOLUTIONS, INC. 7•e1_�1]Jj 5817 Dryden Place, Suite 101 Carlsbad, CA 92008 ® (760) 795-69001(760) 931.1580 FAX ® www.westonsolutions.con March 31, 2014 Mr. Robert Stein, P.E. Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Scope of Work for Newport Coast ASBS Protection Implementation Program The following Scope of Work (SOW) has been prepared to request funds necessary for coordinating with sub -consultants, completing the final project report, and assisting the City in submitting final invoicing materials for the Newport Coast ASBS Protection Implementation Program to the Prop 84 Grant Manager. The Scope of Work consists of three tasks: • Task 1 — Coordinating with Sub -consultants • Task 2 — Completing Final Project Report • Task 3 — Assisting City in Submission of All Project Invoices Task is Coordinating with Sub -consultants Weston Solutions, Inc. (Weston) shall coordinate with sub -consultants regarding all final deliverables for inclusion into the Final Project Report. This task includes reviewing and editing submitted reports and requesting revised versions of reports and figures for inclusion in the Final Report. Task I Deliverables: Final Project Report Task 2: Completing Final Project Report Weston shall prepare the Final Project Report, including all appendices for submittal to the Grant Manager. This task includes incorporating sections of the report that the City of Newport Beach (City) produced into the main document, updating or creating new maps and figures for the Overview and Introduction sections, and incorporating review comments and edits into the Final Project Report. Task 2 Deliverables: Final Project Report 254 Robert Stein, P.E. March 31, 2014 Scope of Work— ASBS Protection and Restoration Program Page 2 Task 3: Assisting City in Submission of All Project Invoices Weston shall assist the City in reviewing and submitting invoices to the Grant Manager. Weston's accounting department and project manager will work with City personnel to ensure that all invoicing from Weston, and sub -consultants under Weston, meets acceptability criteria set forth in the Proposition $4 grant. Task 3 Deliverables: Successful submission of all invoices A cost breakdown is provided in Table 1 on a per task basis. Table 1. Cost Breakdown by Task with Sub -consultants Final Proiect Invoices Total not to exceed estimated project cost for all tasks based on time and materials: $7,500. Please call me at 760-795-6920 if you have any questions or comments on this Scope of Work. Very truly yours, Weston Solutions, Inc. Dan McCoy Program Manager cc: Project File 255 EXHIBIT B SCHEDULE OF BILLING RATES Weston Solutions, Inc. Page B-1 256 Weston Solutions, Inc. 5817. Dryden Place, Suite 101, Carlsbad, CA 92008 FEE SCHEDULE Labor Categories 2013-2014 Project Principal 200.00 Senior Project Manager 165.00 Project Manager 155.00 Senior Engineer 200.00 Engineer 150.00 Junior Engineer 90.00 Senior Scientist 140.00 Scientist 3 120.00 Scientist 2 100.00 Scientist 1 92.00 GIS Specialist 140.00 GIS Analyst 75.00 Environmental Analyst 84.00 Senior Technician 75.00 Field/Laboratory Technician 65.00 Project Control 75.00 W/P & Graphics 75.00 257 AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT { WITH WESTON SOLUTIONS, INC. FOR V NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 12th day of December, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and WESTON SOLUTIONS, INC., a Pennsylvania corporation ("Consultant"), whose address is 2433 Impala Drive, Carlsbad, CA 92010, and is made with reference to the following: RECITALS A. On May 24, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement') for monitoring, special studies, best management practices (BMPs), design and construction oversight as part of the Newport Coast Area of Special Biological Significance Protection Implementation Program ("Project'). B. On May 10, 2012, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement, increase the scope of work and increase the total compensation. C. On April 26, 2013, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement, increase the scope of work and increase the total compensation. D. City desires to enter into this Amendment No. Three to extend the term of the Agreement to June 30, 2014. E. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on May 24, 2011, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. Weston Solutions, Inc. Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:—( � -'� -13 By: Aaronq. Harp City Attorney ATTEST: Date:— Y�aw B J 6w-, Leilani I. Brown City Clerk (? R N I P' CITY OF NEWPORT BEACH, a California municipal corporation Date: l _ ck By: \ Dave Kiff City Manager CONSULTANT: Weston Solutions, Inc., a Pennsylvaniaorporation Date: a I 1��'�- 13 -/ �TA to 'jzAidpM1q1z1@16 Date: / P By: Stephen N. Frb' Assistant Secretary [END OF SIGNATURES] Weston Solutions, Inc. Page 2 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC., FOR NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AMENDMENT NO, TWO TO AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of the day of Ae i 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WESTON SOLUTIONS, INC., a Pennsylvania corporation ("Consultant'), whose address is 5817 Dryden Place, Carlsbad, CA 92008, and is made with reference to the following: RECITALS A. On May 24, 2011 (the "Effective Date"), City and Consultant entered into a Professional Services Agreement ("Agreement') for monitoring, special studies, best management practices (BMPs), design and construction oversight as part of the Newport Coast Area of Special Biological Significance Protection Implementation Program ("Project'). B. On May 10, 2012, City and Consultant entered Amendment No. One to the Agreement to extend the term of the Agreement, increase the scope of work and increase the total compensation ("Amendment No, One"). C. City desires to enter into this Amendment No. Two to increase the scope of work, to extend the term of the Agreement to December 31, 2013, increase the total compensation, and update the insurance provisions. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1 of the Agreement shall be amended in its entirety and replaced with the following: "The term of the Agreement shall commence on the Effective Date, and shall terminate on December 31, 2013, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as amended, shall be supplemented to include the "Scope of work for Storm Water Compliance Monitoring for the Newport Coast ASBS dated February 20, 2013, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Two shall collectively be known as "Exhibit A". The City may elect to delete certain tasks of the Services to be performed at its sole discretion. WESTON SOLUTIONS, INC. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section, Exhibit A, and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all Worts performed in accordance with this Agreement, as amended, Including all reimbursable Items and subconsultant fees, shall not exceed Eight Hundred Seventeen Thousand Six Hundred Eighteen Dollars and No/100 ($817,618.00) ("Total Amended Compensation"} 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." 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two in an amount not to exceed Forty Five Thousand Dollars and No/100 ($45,000.00). -9! ZKII-,? 16re3 Section 14 of the Agreement shall be amended in its entirety and replaced with the following: "Without limiting Consultanrs 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, temps, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] WESTON SOLUTIONS, INC. 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: B. Aaron C. Harp City Attorney 0 ATTEST: Date: �} •20.13 By: ` Leilani I. Brown City Clerk � SEW PoRr U e. cgtFoaN'r [END OF SIG CITY OF NEWPORT BEACH, a California municipal corporation Dater2 4)3 a. - City Manager CONSULTANT: WESTON SOLUTIONS, INC., a Pennsylvania corporation Date: IF', Fit, 1, (IMA FA - Mor orl W, I �IR mw (0 - Rlm= WNWVice President Date: n l By: f Steph n. -Treed Asti aj Secretary TURES] Attachments: Exhibit A — Scope of Work for Storm Water Compliance Monitoring for the Newport Coast ASPS, dated 10/5/12 Exhibit C — Insurance Requirements Al2-00188 WESTON SOLUTIONS, INC. 3 EXHIBIT A SERVICES TO BE PERFORMED WESTON SOLUTIONS, INC. WESTON SOLUTIONS, INC. -� 5817 Dryden Place, Suite 401 .J Carlsbad, CA 92008 (760) 795-6900](760) 931,1580 FAX . J wv ,yrgstonsolutions com February 20, 2013 Bob Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach. CA 92663 RE: Scope of Work for Storm Water Compliance Monitoring for the Newport Coast ASBS Dear ti1r. Stein: Weston Solutions. Inc. (Weston) is pleased to provide the City of Newport Beach (City) this Scope of Work (SOW) for monitoring Cit} storm drain outfalls and ocean receiving caters that drain to Area of Special Biological Significance (ASBS) during the 2012-20I3 Vet Weather Season. The objective of the project is to comply with the monitoring specified in the State Water Resources Control Board (SWRCB) document governing ASBS dischargers entitled Speciol Prvtectionv Jbr ;lreas of S/r ehil Biological VglliJieunce, Gavrrnirrg Point ,Source Discharges pf Storm lluer and Nonpoini .Cuuree Iyerste Discharges (herein known as "Special Protections"). Monitoring will consist of both Core Monitoring- and Ocean Receiving Water Nlonitoring in accordance with criteria set forth in the Special Protections for participants in the Regional Integrated Monitoring Program. Background We understand the primase objectives of this project include. 1. Compliance with the Core Monitoring Program as described for ASBS dischargers tinder the SWRCB`s `"Special Protections` document. 2. Compliance with the Ocean Receiving water and Reference Area Monitoring Program described in the Special Protections doeunient via participation in the Regional Integrated Monitoring Program facilitated by Southern California Coastal Water Research Project The following cost proposal is based on these objectives. the scope of work, and our teams approach to gathering the most cost-effective data to meet the regulations set forth in the Special Protections as well as to protide the Cite with information to guide their future management decisions, Our overall approach to this project is to provide the necessary storm stater monitoring (Core Discharge.. Ocean Receiving Water. and Reference) for the Cite to remain compliant with Special Protections. Mr. Bob Stein January 13, 2013 ASBS Special Protections Core and Receiving Water Monitoring Page 2 of 6 This SOW has three tasks: ■ Task i —Work Plan Development • Task 2 — Sample Collection and Analysis ■ Task 3 — Flow Assessment Data Analysis and Reporting for the project will be conducted as part of Weston's existing contract with the City for the Newport ASBS Protection Implementation Program. A description of each of the tasks and the associated costs are discussed below. This SOW presents Weston's approach to successfully complete each of these tasks, including the assumptions, conditions associated with each task. and associated cost. The cost estimate provided herein is based on our best judgment of the requirements and constraints known at the time of this proposal and takes into consideration the assumptions that are stated throughout this document. Task 1. Work Plan Development In this task, a Work Plan will be developed that details the background of monitoring at the Newport Coast ASBS, the methods used to collect the samples, the compliance monitoring locations specified by the State Water Resources Control Board, the constituents that will be analyzed, and the quality assurance / quality control protocols that Weston will follow in all aspects of the monitoring work (field collection, analytical parameters, and reporting standards). To minimize costs. the Work Plan will draw from existing documents that have already been created for the project, including the Quality Assurance Project Plan (QAPP) and the regional monitoring work plan created by the Southern California Coastal Water Research Project (SCCWRP), Total cost to complete Task is $10.222. Mr. Bob Stein January 13, 2013 ASKS Special Protections Core and Receiving Water Monitoring Page 3 of 6 Task 2. Samnle Collection and Analysis Weston will conduct the storm water monitoring in compliance with the ASBS Special Protections, including Core and Ocean Receiving Water monitoring. Core Monitoring will consist of grab samples collected at each of the identified four storm drain outfalls during three storm events in the 2012-2013 Wet Weather Season (October, 2012 through April, 2013). Storm events will be considered viable for monitoring if they are predicted 72 hours prior to the onset of rain by the National Weather Service to produce at least 0.2 inches of rain along the Newport Coast. Core samples will be collected directly from the outfall (or mouth of the creek) prior to discharging to the ocean receiving waters. A total of four outfalls (or mouths of creek. depending on the site) will be monitored: 1. Shorecliffs 2. Cameo Shores North 3. Cameo Shores South Samples will be collected and analyzed according to the schedule presented in Table 1. The Special Protections designate two kinds of monitoring that need to be conducted at each ASBS: Core Monitoring and Ocean Receiving Water Monitoring. Samples for Core Monitoring will be collected directly from the discharge (e.g., storm drain outfall or mouth of a creek) prior to mixing with the ocean receiving waters. Grab samples will be collected and analyzed for toxicity (bivalve development) during one storm event in the 2012-2013 Wet Weather Season and for a suite of chemical constituents during three storm events as summarized in Table 1. Grab samples will be analyzed for the following chemical constituents: • Total metals. • Polynuclear aromatic hydrocarbons (PAHs). • synthetic pyrethroids, • organophosphate pesticides. • ammonia. • nitrate. • total phosphorous • Total suspended solids (TSS), and • oil and grease. {{ 1IIS rt Ig - Si% r W 0: U Q C In G G :n a _ w tz = Z z C e ;n � w J .y (' n at o Now am= # mum== mgmmx Q v G J r 1p�. 3C C f✓ + G �r` y V " f ✓ Mr. Bob Stein Januar} 13, 2013 ASBS Special Protections Core and Receiving Water Monitoring,, Page 5 of G Ocean Receiving Witter Monitoring will be conducted directly in front of the Shorecliffs autrall (receiving water will not be collected in front of the other outfalls). Special Protections requires ocean receiving water samples to be collected during a minimum of three storm events. Both pre - storm samples and post -storm samples will be collected. The post -storm receiving water samples will be collected at the same timc as the Core Monitoring samples at the Shorecliffs site. This -NvIll require sampling of the receiving water when the ocrtfalls are flowing during the storm event. Receiving water samples will be anaiyzcd from three storm events for total suspended solids (TSS), oil and grease. metals, poly "nuclear aromatic hydrocarbons (PAI{s). pyrethroids, organophosphate pesticides. ammonia. nitrate, and total phosphorous. Toxicity testing of three different species during each monitored storm event is also required by Special Protections. The toxicity tests to be conducted are as follows: kelp germination and growth. mussel embryo development, and sea urchin fertilization. All samples will be delivered by courier oil ice to the appropriate chemistry or bioassay laboratories. following statndard chain afcusf ndy procedures. Some of these required sampling and toxicity tasks were anticipated and included in the Scope of Services approved pursuant to the Professional Services Agreement with Weston Solutions. Inc. for New=port Coast Area of Special Biological Significance Protection Implementation Plan dated May 24. 2011 (-Original Agreement") The budget appropriated pursuant to the: Original Agreement for these sampling and toxicity tasks was $39.341.04. The following criteria will be used to trigger storm mobilization: The storm must be predicted by NOAA's rational Weather Service Forecast Office to have an $0% or greater chance of producing rainfall equal to or greater than 0.25 inches. If no storms have been captured by Feb. 1. 201 1 using these criteria. the criteria will be revisited to allow for the best chance of capturing three storm events with greater than 4.14 inches of rainfall during the 2012-2013 Storm Season. Costs for this task are based on using tvNo 2 -person sampling teams during each storm event. The fee request to complete additional items in Task 2 that were not anticipated or included in the Original Agreement is $27,27U0. Task 3. Floe' Assessment Flow will be estimated as required by the Special Protections. using standard hydrologic modeling and calculations based on watershed delineations for areas with similar land use characteristics. Total cost to complete Task 3: S7.500. The Tasks outlined in this Scope of Work are summarized in Table 2 below. Table 2. Summary of Tasks and Associated Costs An Bob Stein lanuan 13.20!3 ASBS Special Protections Core and Reeeiviog Nater Monitoring Page 6 of 6 The total cost for this Scope of Work shall not exceed S45,000. 11* you hat c an} questions regarding this proposal. please contact Dan McCov at (760) 79.5-691-0. Thank }on for the opportunity to continue to provide support to the City of Newport Beach for this important cork. Sincercly. 'Weston Solutions. Inc. Dan McCo3 Project Manager Weston Solutions, Inc. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 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 Bests Key Rating Guide, unless otherwise approved by the Clty's Risk Manager. 1.3 Coverace Reauiremets, 1.3.1 Workers' Compensation insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability Insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed WESTON SOLUTIONS, INC. in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Reauirements. The policies are to contain, or be endorsed to contain, the following provisions. 1.4.1 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 from each of Its subconsultants. 1.4.2 Additional insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not Including professional liability, shall provide or be endorsed to provide that City and Its officers, officials, employees, and agents shall be Included as Insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following; 1.5.1 Evidence 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 and other endorsements as specified herein for each coverage. 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 Citv's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of Insurance required by giving the Consultant sixty (60) days advance written notice of such change. if such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant WESTON SOLUTIONS, INC. Page C-2 of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any tights hereunder. 1.5.4 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. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance if Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City s sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 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, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's 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. WESTON SOLUTIONS, INC. Page C-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/11/13 Dept./Contact Received From: Lucie Date Completed: 4/11/13 Sent to: Lucie By: Chris/Renee Company/Person required to have certificate: Western Solutions, Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 1/15/13-1/15/14 A. INSURANCE COMPANY: Commerce And Industry Ins Cc B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ADMITTED COMPANY (Must be California Admitted): include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) its officers, officials, employees and volunteers): Is it (What is limits provided?) included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured G. is not limited solely by their negligence) Does endorsement ❑ N/A ❑ Yes N No include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 1/15/13-1/15/14 A. INSURANCE COMPANY: Liberty Insurance Corporation B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No DT. YVORKERS'COMPENSATON EFFECTIVE/EXPIRATION D/\TE: 1/15/13-1/15/14 A. INSURANCE COMPANY: Cb�8 Ln»mnueCo R AMBEST RATING (A-:V||orgreahor): &:XY C. ADMITTED Company (Must heCalifornia Admittnd): Yes No O� WORKERS' COMPENSATION LIMIT: Statutory Yes No E. EMPLOYERS' LIABILITY LIMIT (Must ha$1&Yurgreater) 10000 F, WAIVER (}FSUBROGATION (To ion/udo):!sitincluded? [KYes ElNv G. SIGNED vVURKEFl3'CUMPEN88T/DNEXEMPTION FORM: [KN/A [lYes 0 N H. NOTICE OFCANCELLATION: F7N/A XYes FlNp ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED, IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? � Ax^rr-v--� 4/I6/l3 Agent of Alliant Insurance Services Broker o[record for the City ofNewport Beach EK N/A F1 Yes El No RISK MANAGEMENT APPROVAL REQUIRED Non-odmittedcarrier rated less than ; Self Insured Retention or Deductible greater than $_) El N/A El Yes El No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms mfthe contract. ACORia CERTIFICATE OF LIABILITY INSURANCE °°a cera THIS CERTIFICATE IS ISSUED AS A MATTER OF INEFDRMATLDN ONLY AND CONFERS NO RIGHTS UPM T14E CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER14 AUnWRi.2ED OLDERI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER- ANT_ If the cedifcate holder is an ADDITIONAL ENSURED, the pdicy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject ED IMPORTANT: the Unmrs and conditions of the policy, certain pafacies may require an endorsement A Statement on this certificate does not confer rights to the cera ficatE holder in lieu of such endorsemal#44 PRODUCER HARSH (IFA INC. WL1717Am# N° SbeeF %06 .- Pti.180,PA 141Z3 A&, P1r3adddw, .car, Fm 212-4451 u alp, S1-13 111.15014 ardSURe�3[#7 COJHrABE NASO i r1P1.d.GAw P -13l4 INZURIER A:^'•^ T^'•ecce And 4Tiurtgimio %4Io 'me be�uar,ee Cerg,:m5�ee ",d3I 47'3N3QSAN HIPP-L`SSUCK, DW OF RSK UGMT 140WES70N WAY '21E">7.R'CHE8TER,PA 14 G R¢€rme>stc. Cheasi� Spmray k,camrce Ctre y 2915 B. LacAy ,:r Fire I"So 2304 ._. ._.....__.___ B3AUP�Y E' iKL1AfBiE[ — COVERAGES CERTIFICATE NUMBER: C..Em ®82 REVISION NUMBER_ THS U5 TO CERTAFY THAT THE POL?QES OF INSURANCE LISTED BELOW KAVE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR THE POi3CY PROD 94MCATED. NOTVI THSTANDING ANY RECI.AREMENT, TERM OR CONDITION OF AM CONTRACT OR OTHER DOCUMENT "PTH RESP ECT TO N"tntl TYYS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN, THE iNSL E AFFORDED BY THE PDLOCSES DESCRIBED HEREIN ICr SL`BJECT TO ALL THE TERMS, s—kCL:tS10NSAND OD TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTV TYPE t$INEGRNdSE RtrrnG RsPEIeNarrATNE POUCYNLA9EA ofchUXAina- L.1�T8 A EkBA tAl.L1PeN'!Y GL3-f$4Pa alp, S1-13 111.15014 EtPX IX:IX.FlRe'S3iE S 21 ' X . f t,atfA E M OCCUR nEOEvve' f 1Vpm FERSDKALHXES z,=,ow M',t?lEt#IE A'st]REikhTE 5 qo = 3K3E �FEM S.w,4m i X 1-1 LOG ❑ AU7DMOEKELWa&rrY AC13S-0i716:}•5%3 Vt"i=13....21.14.'+314 BOOEYR+IFLNiY �s g # X ,N N.To 8'JOd.Y ExRkiYY?lsxbkrd;.y __..._,_-._. ALt]WICEO B1.ELT AfTib AUTOS PED�rmnuu,c.EH�ONIT^&N1FO3. N S r.NB pCrxlp FROF4 s A©v'f;£raizE i F]fC£ XIWU] CVssRfi4V.ULvE o=_o RETENrnaNa i B wrworBre COtde15ATN]N SSA'-fi3^3'160-01: i,4+,2v V9'7 �J'73 21'i;.t id '44�SaAlLF On+ ❑ ��enEweveERS YINfi3447718,^.-Ih37 Aw fla}PRE'di{eFA4'tiEsn'E* s T` 51 Iwa-ftf Af%Cv€xY;f1Y' W, sttk NRA 5X£$ 0111B=ia 91r'*i+�•f4 t ?D EL EMX ACCK]EN� ; r EL DflfiLE-FA $ i,�K.s rges, nsutx uws bESOe�T,�iCt [FAFFRhTLMV8 RNW Eld -P{L�M+.R,RT 5 1rs;ID,»7� C PFQFESi4K2N UARa13TY CCP'S379.1,0 911wZ313 01:15M14 EACe, O=�T1.'.NENQE 1:,tYN,2A '.AGGREGATE I,MS ❑xelF�AaTroNerLcx:ATulNaiuEtneLEs tA�Hrna�wlo-S. rm se�o-m�n.t k RE: NEWPORT COAST AfEEA OF SPEC& EKLDrPCLL SC4VFCANCE PROTM-MNI L ATKN; PRO" RW TE4RDUQI PECEYJEER 31, 01-3 :Y='!Of. .XiTBEAo",tzcffKERS.,A^aENTS, EW1.OYEES ANDtiQt A`TffiiS ARE Mi A5 AIN3+£A3.ML PCuRRMyEXZEPT FCRAORKM CLWPEU6T04 APCPROFEDDU LWIBPP AS RECUHIOT BY AAR6TEt CMMCT. THIS E4s;i WDE IS PRAIA"WNOA-COKFRErM OVER ANY fXZ,$V3 NSLRANCE Akin UbSTED TO LIAEL7YARMAS Ok.7 OF THE OPET.dTOM1i5'GFT7 RA.AES 3iS"wtia,EO Ah:-i5(f EftECva7RED H*.' AFTIE%C3NTRAC7. CERTIFICATE HOLDER CANCELLATION CRY Of NEWPORT BEA1?1 SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE 330 NEWMRT BOULEcARD THE EXPIRATION DATE THEREOF, NOTICE RILL BE DELIVERED IN NEUPORTBEACH, CA a7o-58$4i6 ACCORDANCE WEEK THE POLICY PROVISIONS. RtrrnG RsPEIeNarrATNE ofchUXAina- MarHEhl wMerlee 6 ISM2010 ACORD CORPORATION_ All rights reserved. ACORD 25 (2DIDAI5p The ACORD name and logo are reg.0stered marks of ACORD POLICY NUMBER: GL 377-94-10 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 07 hrCft1Ve COPY *ISO Properties, inc.,2004 Page? of 2 13 Information d to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section fl - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", `property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply! This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additionalinsured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organ- ization other than another contractor or sub- contractor engaged in performing oper- ations for a principal as a part of the same project, page 2 of &Chive Copy ®ISD Properties, Inc.,2004 CG 20 10 07 04 0 ENDORSEMENT # This endorsement, effective 12:01 A.M. 01115/2013 forms a part of Policy No, GL 377-94-10 issued to WESTON SOLUTIONS, INC Sy COMMERCE AND INDUSTRY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2, the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holderts)") and has provided to the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at each such entity and the U.S. Postal Service address of each such entity; or (b) the email address of a contact at each such entity; and 3. the Insurer received this Information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the insurer will provide advice of cancellation (the "Advice") to such Certificate Holders within _30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days Is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer smelling or mailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement Invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms, conditions and exclusions shall remain the same. _)�fl� Authorized Representative 107232 (03111ArCitlive Copy Page 1 POLICY NUMBER: GL 977-94-10 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF Tpiq7CER OF RIGHTS Or RECOVERY ! M ! 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION REQUIRING A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY PURSUANT TO THE TERMS OF ANY CONTRACT OR AGREEMENT YOU ENTER INTO WITH SUCH PERSON OR ORGANIZATION. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sac - tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included In the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Archive COPysurance Services Office, Inc., 2008 Page 1 of 1 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone ((able for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extant that you perform work under a written contractthat requires you to obtain this agreementfrom us,) This agreement shall not operate directly or indirectlyto benefit anyone not named in the Schedule, Not Applicable in Kentucky, New Hampshire, and New Jersey The waiver does not apply to any right to recover payments which the Minnesota Workers Compensation Reinsurance Association may have or pursue under M.S. 79.36. Schedule All persons or organizations that are parties to a contract that requires you to obtain this agreement, provided you executed the contract before the loss This endorsement is executed by the Liberty Insurance Corporation 21814 Premium $ Effective Date Expiration Date For attachment to Policy No. WA7-630-477160-1313 WC 00 0313 0 1983 National Council on Compensation Insurance. Page 7 of 1 Ed. 41111984 AMENDMENT NO. ONE TO tel" PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR i NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. ONE"), is entered into as of this{flay of, 2012, by and between the CITY OF NEWPORT BEACH, a California MuhiEipal Corporation ("City"), and WESTON SOLUTIONS, INC., a Pennsylvania Corporation whose address is 2433 Impala Drive, Carlsbad, California 92010 ("Consultant"), and is made with reference to the following: RECITALS: A. On May 24, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") for monitoring, special studies, best management practices (BMP), design and construction oversight as part of the Newport Coast ASBS Protection Implementation Program ("Project"). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2012 and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2012, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated February 28, 2012, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's total amended compensation for all Work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Seven Hundred Seventy -Two Thousand, Six Hundred Eighteen Dollars and no/100 ($772,618.00) without prior written authorization from City ("Total Amended Compensation"). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy -Four Thousand, Eight Hundred Dollars and no/100 ($74,800.00), without prior written authorization from City. 4. PROJECT MANAGER Section 5.1 of the Agreement shall be amended in its entirety and replaced with the following: Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to the City at all reasonable times during the Agreement term. Consultant has designated David Pohl, P.E., PhD 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. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. WESTON SOLUTIONS, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ;4 z. Aaron C. Harp City Attorney ATTEST: �n1 Date: Pj� )V -) O` By: i Leilani I. Brown City Clerk /!1 CITY OF NEWPORT BEACH, A California municipal corporation Date: GJ-111-7- By: J111-L By: "C - Dave Kiff City Manager CONSULTANT: WESTON SOLUTIONS, INC., a Pennsylvania Corporation Date: By: Michael Drennan Vice President Date: AQr- 1, Zo IZ o . Peter A. Ceribelli11 Attachment: Exhibit A — Additional Services to be Performed WESTON SOLUTIONS, INC. Page 3 Mr. Bob Stein City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 WESTON SOLUTIONS, INC. 2433 Impala Drive Carlsbad, CA 92010 (760)795-6901 / (760)931-1560 FAX www.westo n so I u ti ons x om February 28, 2012 Subject: Scope of Work — City of Newport Beach Low Flow Diversion Engineering Designs Dear Mr. Stein: Weston Solutions, Inc. (Weston) is pleased to provide this Proposal for engineering design of two low flow diversions (LFDs) in the City of Newport Beach (City). The overall goal of the project is to provide construction plans for the implementation of LFDs at two locations in order to eliminate existing dry weather flows currently discharging from the associated outfalls into the Area of Special Biological Significance (ASBS), in accordance with the anticipated ASBS Special Protections, which are expected to take effect in early 2012. In order to prepare this proposal, Weston conducted a preliminary assessment of the two project sites that consisted of 1) a review of aerial photography obtained from Google Earth, 2) a field reconnaissance conducted with support of City staff, and a review of roadway as -built drawings obtained from the City's Public Works Department (Road, Sewer, and Storm Drain Plans for Tract No. 3357, dated 1958). The as -built drawings are included as an attached for your reference. Both LFD Projects are proposed for the MS4s that discharge flows from Brighton Road and the rest of the residential tract. Near the intersection of Brighton Road and Cameo Shores Road (east side of tract) the existing MS4 consists of four catch basins. Two catch basins and an outfall are located at the intersection of Milford Drive and Brighton Road (west side of the tract). Both outfalls discharge to tidal influence areas of the beach, and thus there is no physical space for an "end of pipe" engineered solution. As such, we anticipate that the LFD for each network will be connected to the existing sewer system located in Brighton Road (i.e., runs from east to west and terminates at a lift station located west of the intersection of Milford Drive and Brighton Road). The Project consists of the following tasks: Task 1. Site Survey, Data Collection, and Project Coordination Task 2. Hydrology and Hydraulics Assessment and Preliminary Design for Cameo Shores Drive (C.B. #8) Task 3. Hydrology and Hydraulics Assessment and Preliminary Design for Milford Drive (C.B. #6) Task 4. Wet Weather Treatment Requirements and BMP Design Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 2 Task 5. Final Construction Plans, Specifications, and Estimates for improvements at C.B. #8 Task 6. Final Construction Plans, Specifications, and Estimates for improvements at C.B. #6 Task 7. Construction Support. It is our understanding that Weston will not be required to obtain permits, complete applications, or pay City fees for the tasks detailed in this Scope of Work. Supporting documentation for permits and applications generated from this design process will be provided to the City. Task 1. Site Survey, Data Collection, and Project Coordination Weston will obtain survey of the project areas by a licensed land surveyor. This survey will focus on 1) the catch basins where the LFDs will be installed, 2) the nearest sewer line manhole for the sewer connection, and 3) the surface features that indicate the existence of underground utilities such as valve covers, vaults, boxes, etc. The main purpose of this survey is to verify the accuracy of the as -built plans. The survey will be tied to a benchmark using the NAVD 88 Datum. Weston anticipates that the effort involved with this survey will consist of a two person survey crew on-site for one fiill day and 2 hours of in - office processing of data. Weston will mark out the site and coordinate utility mark out with Underground Service Alert (USA). It is anticipated that major conflicts will not exists in the proposed alignment of the connection pipes running from the LFDs to the existing sewer manholes. This Scope of Work is limited to coordinating the horizontal location of underground utilities through USA. It may be determined during the USA coordination process that potential conflicts exist, and it may be necessary to obtain additional information regarding underground utilities through a private utility locator and/or pot holing. This additional effort would require additional costs and only be conducted after coordination and agreement with the City through a separate Scope of Work or Amendment to this Scope of Work. Weston field staff will also install flow monitoring equipment into C.B. 48 and C.B. 96 to collect continuous flow data at 15 minute intervals for three days. Equipment will be removed and the data will be used to estimate the peak dry weather flow for each site as discussed below. Throughout the project Weston will coordinate field activities with the City to ensure that the City Project Manager and Operations Department personnel are aware of project activities. As needed, coordination meetings will be conducted via conference call or in person at the City Public Works building or at the Site. Weston estimates the cost to perform this task at $22,700. Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 3 Task 2. Hydrology and Hydraulic Analysis and Preliminary Design for the LFD at Cameo Shores Road (C.B. #8) Weston will perform a limited hydrology and hydraulic assessment for the LDF proposed to divert dry weather flows from the catch basin located on the south side of Brighton Road, near the comer of Cameo Shores Road (designated as C.B. 48 on the as -built drawings). Flow monitoring data collected under Task #1 will be used to estimate peak dry weather flow to system and used to ensure that the LFD has adequate capacity to capture the urban runoff and convey to treatment. Scenarios that estimate the potential continuous flow from broken sprinkler heads will also be evaluated to ensure that the proposed LPD will have adequate design capacity to result in zero discharge from the system under this rare situation. The LFD design capacity will be limited to dry weather flow and not designed to convey measurable precipitation (wet weather). The peak wet weather flows (water quality design storm, 2-, 5-, 25-, 50-, and 100 -year events) will be calculated and used to 1) evaluate the maximum water surface elevation in the catch basin in comparison to the LFD outlet connection to the sewer, 2) estimate the potential resultant flows into the sewer system during weather without the use of an isolation valve thus helping to determine the appropriate standard operation procedure for a wet weather shut off valve, and 3) estimate the load reduction required to meet future Special Protection Provisions (discussed in more detail under Task 8). The tributary drainage area to system will be delineated, and the wet weather peak flows will be calculated in accordance with the Orange County Hydrology Manual. A hydraulic model of the existing system will be prepared using the Water Surface Pressure Gradient for Windows (WSPGW) software in order to calculate the hydraulic gradient line (HGL) associated with the peak flow of each storm event. Weston will prepare a limited hydrology and hydraulic report to present the results of this assessment. Based on the results of the hydrology and hydraulic assessment Weston will prepare preliminary design sheets (30% design) for the LFD proposed to divert dry weather flows from the MS4 located near the corner of Cameo Shores Road and Brighton Road. The system consists of four catch basins. Two upstream catch basins are located at the corner the Brighton Road and Cameo Shores Roads. The other two catch basins are down gradient and located approximately 200 feet towards the west, one on each side of Brighton Road. The catch basin located on the south side of Brighton Road, between lots 143 and 144 and designated as C.B. #8 on the as -built, is connected to the outfall for the system via a 36 -inch RCP. The catch basin located along the north side of Brighton Road connects to the north side of C.B. 48, and the two up gradient catch basins connect to the east side of C.B. #8. The inverts of the connecting pipes are elevated about 1 foot above the floor C.B. #8. Therefore, we anticipate the LPD for this system can be contained in C.B #8 and may consist of a gravity flow PVC pipe that is connected to the catch basin walls just beneath the inverts of the existing connecting pipes. The pipe would be notched (top half removed) in the areas adjacent to the connecting storm drain pipes in order to allow dry weather flows to be captured. To capture urban runoff entering C.B. #8 from the surface gutter (i.e., not the connecting pipes) additional notched piping would be connected beneath the grate adjacent to the curb and gutter. The catch basin would be connected to the nearby sewer manhole. Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 4 Inside the catch basin, the LFD pipe would be sloped towards the sewer connection and fitted with a cleanout and shut off ball valve. Weston will provide a preliminary cost estimate detailing unit costs, quantities, and total cost for the implementation of the LFD. Limitations: Based on our preliminary review of as -built drawings and site reconnaissance, we anticipate that the LFD system will function with gravity flow and that a pump and external power source (i.e., lift station) will not be required. If during the course of obtaining data and preparing the design sheets it is determined that a lift station configuration is required, Weston will inform the City and work with the City to determine the best path forward, which may included preparing a separate Scope of Work or Addendum to this Scope of Work to include design of a lift station. It is assumed that metering of storm water conveyed to the sewer system is not required. If metering of the conveyed storm water will be required, under the designed detailed above (gravity flow), the meter would most likely need to be an ultra sonic type device or similar (one not requiring force). If a meter is required, the design of the meter shall be a coordinated effort between Weston and the City, and a detail of the meter shall be provided by a City sanitation engineer. Weston will provide an estimate of the average daily volume anticipated to be conveyed by the LFD as determined from monitoring effort discussed in more detail under Task 1. It is assumed that due to the small size of this project a geotechnical evaluation will not be required. The project plans will specify that in areas where asphalt concrete is to be removed, it shall be replaced to match existing or the minimum City pavement structural section thickness, whichever is greater. If a geotechnical evaluation is required as part of this project, it can be performed for additional fee under a separate Scope of Work or Addendum to this Scope of Work. The limited hydrology and hydraulics report and preliminary design sheets will be provided to the City for review. It is our understanding that processing and approval will be managed by City staff. It is also understood that Weston will not be required to obtain permits, complete processing applications, or pay fees associated with plan check or permits. If processing and permitting is required by Weston, it can be completed for additional fee under a separate Scope of Work or Addendum to this Scope of Work. Weston estimates the cost to perform this task at $9,500. Task 3. Hydroloey and Hydraulic Analysis and Preliminary Desien for the LFD at Milford Drive (C.B. #6) Similar to Task 2, Weston will perform a limited hydrology and hydraulic assessment for the LDF proposed to divert dry weather flows from the MS4 located on the intersection of Milford Drive and Brighton Road. Flow monitoring data collected under Task #1 will be Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 5 used to estimate the peak dry weather flow to system and used to ensure that the LFD has adequate capacity to capture the urban runoff and convey to treatment. This assessment will also consist of delineating the tributary drainage area to system in order to estimate variable dry weather flow scenarios and peak wet weather flow. The dry weather flow modeling effort will determine the volume of runoff from 24 hours of continuous discharge from a broken sprinkler head, and the impact on the LFD design. The LFD design capacity will be limited to dry weather flow and not designed to convey measurable precipitation (wet weather). The peak wet weather flows (water quality design storm, 2-, 5-, 25-, 50-, and 100 -year events) will be calculated and used to 1) evaluate the maximum water surface elevation in .the catch basin in comparison to the LFD outlet connection to the sewer, 2) estimate the potential resultant flows into the sewer system during weather without the use of an isolation valve thus helping to determine the appropriate standard operation procedure for a wet weather shut off valve, and 3) estimate the load reduction required to meet future Special Protection Provisions (discussed in more detail under Task 8). The tributary drainage area to system will be delineated, and the wet weather peak flows will be calculated in accordance with the Orange County Hydrology Manual. A hydraulic model of the existing system will be prepared using the Water Surface Pressure Gradient for Windows (WSPGW) software in order to calculate the hydraulic gradient line (HGL) associated with the peak flow of each storm event. Weston will prepare a limited hydrology and hydraulic report to present the results of this assessment. Based on the results of the hydrology and hydraulic assessment Weston will prepare preliminary design sheets (30% design) for the LFD proposed to divert dry weather flows from the MS4 located near the intersection of Milford Drive and Brighton Road. The system consists of two catch basins, one on each side of Brighton Road. The catch basin located on the south side of Brighton Road, between lots 157 and 158 and designated as C.B. #6 on the as -built, is connected to the outfall for the system via a 36 -inch RCP. The catch basin located along the north side of Brighton Road connects to the north side of C.B. #6. Unlike the C.B. #8 discussed in Task 2, the invert of the connecting pipe to C.B. 46 is not elevated significantly above the floor of C.B. 46, but rather elevated only slightly (about 2 inches). The same type of concept (collector pipe attached to walls) discussed for C.B. 48 may be used. However, the results of the site survey performed for this project will first have be reviewed to determine if such a collection system will work. An alternative design may include placing collection systems in each catch basin and then connecting the systems prior to making the connection with the sewer. Another option is to install the diversion in existing pipe that connects the north catch basin to C.B. 46. Weston will provide a preliminary cost estimate detailing unit costs, quantities, and total cost for the implementation of the LFD. Limitations: Please see limitation under Task 3 (same limitations apply). Weston estimates the cost to perform this task at X$9,500. Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 6 Task 4. Wet Weather Treatment Requirement and BMP Design Four years after the ASBS Special Protections take effect, it will be a requirement that wet weather discharges comply with the water quality objectives defined in Table A and B of the California Ocean Plan. Historical water quality monitoring data for Morning Canyon Creek presented in the Newport Coast Flow and Water Quality Assessment Final Report (Weston, 2006) indicated elevated wet weather results for metals. This task will use the existing water quality data combined with the wet weather flows calculated as part of Tasks 2 and 3 of this project to estimate the removal efficiency required during the water quality design storm. Weston will provide treatment BMP designs (catch basin retrofits) to meet future compliance at the outfalls evaluated in this project. The designs may include the use of CDS units, baffle boxes, catch basin inserts, or some other proprietary or non-proprietary type BMP. Weston will incorporate the results of this assessment into the limited hydrology and hydraulic report prepared as part of Tasks 2 and 3 and designs will be provided as part of the deliverables in Tasks 5 and 6. Weston estimates the total cost to perform this task at $15,500 If applicable, City comments will be incorporated into the 100% design sheets. Weston will provide to the City final engineering drawings, project specifications; and construction cost estimates. Once accepted by the City as complete, Weston will provide one set of plans plotted on mylar media and signed and stamped by the project engineer. Weston estimates the total cost to perform this task at $6,300. Task 6. Final Construction Plans, Specification, and Estimates for improvements at Cameo Shores Road (C.B. #6) If applicable, City comments will be incorporated into the 100% design sheets. Weston will provide to the City final engineering drawings, project specifications, and construction cost estimates. Once accepted by the City as complete, Weston will provide one set of plans plotted on mylar media and signed and stamped by the project engineer. Weston estimates the total cost to perform this task at $6,300. Task 7. Construction Support Weston will provide construction support during the construction activities relating to this project, which will include attending pre -construction meeting, responding to request for information (RFI), and general coordination with construction team. This Scope of Works assumes that the pre -construction meeting will involve two Weston employees attending a 2 -hour meeting. The effort allows for the response of three RFIs. In order to facilitate general coordination and to promote proper installation, the Scope of Work includes conducting one field inspection during construction at each project. If additional Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 7 construction support is requested, it may be conducted under a separate Scope of Work or Addendum to this Scope of Work. Weston estimates the total cost to perform this task at $5,000. Project Schedule: The project will commence upon written approval from the City and will adhere to the general schedule outlined below. Cost Summary: A summary of the costs for the project is presented below. 1 Site Survey, Data Collection, and Project Within 2 to 4 weeks after 1 Coordination Notice to Proceed TP 2 Hydrology and Hydraulic Assessment & $9,500 2 Preliminary Design Sheets for Cameo Shores 4 to 8 weeks after NTP 3 Road $9,500 3 Hydrology and Hydraulic Assessment & 4 to 8 weeks after NTP 4 PreliminaryDesign Sheets for Milford Drive $15,500 4 Wet Weather Treatment Requirements and 4 to 12 weeks after NTP 5 BMP Design $6,300 5 Final Construction Plans, Specifications, and 8 to 12 weeks after NTP 6 Estimates for Cameo Shores Road $6,300 6 Final Construction Plans, Specifications, and 8 to 12 weeks after NTP 7 Estimates for Milford Drive $5,000 7 Construction Support Ongoing during construction Cost Summary: A summary of the costs for the project is presented below. 1 Site Survey, Data Collection, and Project $22,700 Coordination 2 Hydrology and Hydraulic Assessment & $9,500 Preliminary Design Sheets for Cameo Shores Road 3 Hydrology and Hydraulic Assessment & $9,500 Preliminary Design Sheets for Milford Drive 4 Wet Weather Treatment Requirements and BMP $15,500 Design 5 Final Construction Plans, Specifications, and $6,300 Estimates for Cameo Shores Road 6 Final Construction Plans, Specifications, and $6,300 Estimates for Milford Drive 7 Construction Support $5,000 Project Total Cost Estimate $74,800 Mr. Bob Stein, City of Newport Beach February 28, 2012 Low Flow Diversion Engineering Design Page 8 Key Personnel: The Weston Solution's team that will accomplish this scope of work is as follows: Dr. David Pohl — Technical Adviser Anthony Cotts— ProjectManager/ProjectEngineer Sara Huber — Engineer All team members listed above will provide support in completing the draft and final deliverables for this project. 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L... ._.. ....��-..:-!. wwwrn •a ww wnw wrn >n .• w I Zoo0-O L1G PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement') is made and entered into as of this day of May, 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and WESTON SOLUTIONS, INC., a Ca4feffri�a corporation ("Consultant'), whose address is 2433 l� la Drive, Carlsbad,) California 92010 and is made with reference to the following: pennsy/°+4j+ o RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement a protection program for the Newport Coast Area of Special Biological Significance ("ASBS"). Insert description of overall project here C. City desires to engage Consultant to conduct monitoring, special studies, and best management practices (BMP) design and construction oversight as part of the Newport Coast ASBS Protection Implementation Program ("Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Michael Drennan. 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 June 30, 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. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services 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. 3.2 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 Six Hundred Ninety -Seven Thousand, Eight Hundred Eighteen Dollars and 00/100 ($697,818.00) 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: WESTON SOLUTIONS, INC. Page 2 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. 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 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 Robert Stein 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, Assistant City Engineer 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/her 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. WESTON SOLUTIONS, INC. Page 3 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. 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws 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. E•�:L�] � �IJ;1:7uL��9 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. WESTON SOLUTIONS, INC. Page 4 Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 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 WESTON SOLUTIONS, INC. Page 5 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. 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, employees 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 Employer's 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 Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, 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 WESTON SOLUTIONS, INC. Page 6 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 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 nonrenewal 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 WESTON SOLUTIONS, INC. Page 7 Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 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. 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 WESTON SOLUTIONS, INC. Page 8 States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. 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. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. WESTON SOLUTIONS, INC. Page 9 24.2 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. 25. NOTICES 25.1 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 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 25.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Michael Drennan Weston Solutions, Inc. 2433 Impala Drive Carlsbad, CA 92010 Phone: 760-795-6900 Fax: 760-931-1580 26. 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.). 27. TERMINATION 27.1 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 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 WESTON SOLUTIONS, INC. Page 10 notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 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. 28. STANDARD PROVISIONS 28.1 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. 28.2 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. 28.3 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. 28.4 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. 28.5 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 WESTON SOLUTIONS, INC. Page 11 authorship of the Agreement or any other rule of construction which might otherwise apply. 28.6 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. 28.7 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.8 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. 28.9 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 28.10 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. 28.11 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. WESTON SOLUTIONS, INC. Page 12 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 Leonie Mulvihill Assistant City Attorney ATTEST: Date: Leilani I. Brown City Clerk t CITY OF NEWPORT BEACH, A California municipal corporation Date: , By: \� Michael F. Henn Mayor CONSULTANT: WESTON SOLUTIO INC., a Gqdeff4aCorporation Date: 1 L rAnsyLVA0iFN NS, U By: ludk-2� Michael Drennan Vice President By: V T Vincent A. Lain Chief Financial Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates WESTON SOLUTIONS, INC. Page 13 EXHIBIT A W SOLUTIONS, INC. 243733 Impala Drive Carlsbad, CA 92010 (760( 795-6900 / (760( 971-1580 FAX • • www.westonsolutionsxom The Trusted Integrator for Sustainable Solutions April 26, 2011 Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Final Cost Proposal to Provide Professional Services for the Newport Coast ASBS Protection Implementation Program Dear Mr. Stein: Thank you for providing Weston Solutions, Inc. (WESTON®) the opportunity to submit our final cost proposal to the City of Newport Beach to provide professional services for the Newport Coast Area of Special Biological Significance (ASBS) Protection Implementation Program in accordance with the attached Scope of Work dated April 25, 2011. The final cost estimate is based on the attached Scope of Work that reflects additional tasks discussed and agreed to on April 21, 2011. These additional tasks include the habitat assessment for the Buck Gully Erosion Control project, the effectiveness assessment monitoring for the filter best management practice (BMP) at Shorecliffs, and the work plan and monitoring for selenium at the Big Canyon restoration project. The cost breakdown by task is attached as Table 1. The total not to exceed cost to complete the Scope of Work is $697,818. Thank you again for the opportunity to provide you with professional services for the Newport Beach Coast ASBS Protection ASBS Protection Implementation Program. We look forward to the continued opportunity to partner with you in protecting and restoring Newport Coast's vibrant and valued natural resources. Should you have any questions or require additional information regarding this final cost proposal, please contact our proposed Program Manager, David Pohl, by phone or email (760.795.6918; dovid.Pohl e-westonsolutions.com). Sincerely,, Michael Drennan Vice President, California Regional Manager Weston Solutions, Inc. Page 1 of 1 i WESTON SOLUTIONS, INC. :,_t.J 2433 Impala Drive ,�/ Carlsbad, CA 92010 • • (760) 795-6900 (760) 931-1580 FAX www.westonsol utions.com Mr. Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 April 26, 2011 Subject: Scope of Work for Newport Coast ASBS Protection Implementation Program NO M-06191 The following Scope of Work (SOW) has been prepared based on the original request for proposal and the contract negotiations held on April 21, 2010. The following SOW is to conduct monitoring, special studies, and best management practices (BMP) designs and construction oversight as part of the Newport Coast ASBS Protection Implementation Program. The Scope of Work consists of seven tasks: a Task 1 — Planning Documents and Project Management a Task 2 — Inter -Tidal Habitat Restoration Pilot Implementation a Task 3 — Project Monitoring and effectiveness Assessment e Task 4 — ASBS Monitoring and Assessment o Task 5 — ASBS Watershed Management Plan Update o Task 6 — Construction Documents for Water Quality Improvement Projects o Task 7 — Big Canyon Selenium Investigation Task r: Planning Documents and Project Management Weston Solutions, Inc. (Weston) shall prepare the following project planning documents: a Project Assessment and Evaluation Plan (PAEP) identifying performance measures and indicators that will track project progress and link progress with the desired outcomes; Quality Assurance Project Plan (QAPP) in accordance with state guidelines; and, a Monitoring Plan building upon previously completed monitoring programs for Newport coastal canyons and adjacent lands. Weston shall also complete the following under this task: 1. Assist the City in its collaborative efforts with the Bight Collaborative. 2. Create a password -assessable, centralized website for southern California ASBS stakeholders to share documents and confer on policy, scientific and collaboration issues. 3. Develop and host a educational website about the ASBS Protection and Restoration Program that provides an outreach tool to enhance the Docent Program Robert Stein, P.E. April 26, 2011 Scope of Work — ASBS Protection and Restoration Program Page 2 4. Manage contract tasks including preparing monthly work -status reports, invoicing in accordance with City requirements, preparing quarterly progress reports and attending task meetings. 5. Upon project completion of all tasks, prepare the draft Final Project Report for review and comment by the City. Task 1 Deliverables: Draft and Final PAEP, QAPP and Monitoring Plan, Data submittal to specified data collection center, Document Sharing Secure Website, Educational Public Web -site, and quarterly and annual status reports, Final Project Report, and meeting memoranda Task 2: Intertidal Habitat Restoration Pilot Implementation Weston shall coordinate with the California State University at Fullerton to conduct the pilot restoration program. The program shall include the following tasks: Pilot Invasive Removal Plan — Develop a plan for the assessment of the most effective methods for invasive seaweed removal, optimal removal frequencies and equipment needs. Implement Pilot Program - Implement the pilot program to determine the feasibility of invasive species removal, including evaluation of the cost, effort, and success of removal. Effectiveness Assessment - Assess the effectiveness of this pilot program on the long term aquatic habitat improvement in the ASBS. Task 2 Deliverables: Implementation Plan, Quarterly progress reports, Draft and Final reports summarizing the effectiveness of invasive species removal in a marine habitat. Task 3: Project Monitoring and Assessment Weston shall conduct effectiveness monitoring and/or assessment for select grant -funded projects that include: o Buck Gully Erosion Control — Conduct monitoring up -gradient and down -gradient of the erosion control project site to assess the effectiveness of the project, including: photo documentation, Flows monitored in winter and summer, water quality testing. o In addition, Weston shall conduct a habitat survey to assess the effectiveness of the habitat restoration efforts in the Buck Gully Erosion Control Project o Shorecliffs Stom Drain Infiltration Gallery — Conduct monitoring of this BMP to assess effectiveness to reduce pollutant loads to the ASBS at this outfall. o Crystal Cove State Park Parking Lot Improvements — Conduct monitoring at Crystal Cove State Park to assess the effectiveness of the parking lot improvements, including baseline and post -construction water quality and flow. a Crystal Cove Creek Invasive Plant Removal — Conduct pre- and post -construction survey of plants to document improvements. o Public Impact Reduction — Review and assess survey results conducted by the Docents on the effectiveness of the public impact reduction measures Task 3 Deliverables: o Implementation Plan a Summary of monitoring data and effectiveness assessments. Robert Stein, P.E. April 26, 2011 Scope of Work — ASBS Protection and Restoration Program Page 3 Task 4: ASBS Monitoring and Assessment Weston shall conduct water quality and biological monitoring to further develop the assessment of the overall health of the ASBS. The following tasks shall be conducted: o Review the current ASBS monitoring plans, reports and ecosystem assessments; o Identify data gaps and recommend field and laboratory monitoring to be performed under this contract. Work with City staff to define ecosystem monitoring and assessment tasks for the subtidal area to meet the intent of the ASBS Special Protections and further develop Impact Metric. o Conduct water quality, biological monitoring and public impact monitoring as approved. • Assess monitoring data. Task 4 Deliverables: o Implementation Plan o Summary of monitoring data and assessments. Task 5: ASBS Watershed Management Plan Update Based on the monitoring and assessments conducted under Tasks 2-4 and findings of other related ASBS studies, Weston shall update the Newport Coast ASBS Watershed Management Plan including refining the process and criteria for the assessing impact and prioritizing protection and restoration efforts. The plan update shall also revise, refine and re -prioritize short- and long-term measures to protect and restore the designated beneficial use of the ASBS. Task 5 Deliverables.- 0 eliverables: C Draft and Final Updates to the Management Plan. Task 6: Construction Documents for Water Quality Improvement Projects Under this task, Weston shall prepare the permitting and construction documents for two water quality improvement projects in Crystal Cove State Park. Task 6a - Crystal Cove State Park Parking Lot Improvements Weston shall evaluate which parking lot in the Park is creating the most water quality/downstream erosion problems and recommend an effective means to reduce impacts within the goals and resources indentified in the Prop. 84 grant application. Weston shall assist State Park staff in obtaining resource agencies' concurrence, prepare Categorical Exemption, construction plans and bid document, perform construction services as needed, and prepare As -built drawings. Task 6b - Crystal Cove Tidewater Creek Improvement Project Weston shall prepare a pre -design memo with recommendations for improving the ponded water area at the mouth of Los Trances Creek such as removing concrete debris, removing invasive plants, and re-establishing native plants (e.g. bulrushes or cattails). Based on input from State Parks, the City and the resource agencies, Weston shall prepare final construction documents and complete permit documents for Creek Improvements that are within the grant funded budget. Weston shall assist State Park staff in obtaining resource agencies' concurrence, prepare a Negative Declaration, assist Park staff in monitoring improvements, and prepare As -Built Drawings'. Robert Stein, P.E. April 26, 2011 Scope of Work — ASBS Protection and Restoration Program Page 4 Task 6 Deliverables: C Technical Memorandum on Creek Improvement Options ® 30%, 60% and Final construction documents o As -built drawings, and water quality and improvements assessment Task 7: Big Canyon Selenium Investigation Weston shall prepare a work plan to conduct an investigation of selenium sources and migration pathways in support of the planned restoration of Big Canyon. Weston shall work with the City and regulatory agencies in developing the work plan. Weston shall then conduct the selenium source and migration investigation in accordance with the approved work plan Task 7Deliverables: o Draft and Final Work Plan o Draft and Final Technical Memorandum on the results of the Selenium Source and Migration Investigation Total not to exceed estimated project cost for all tasks based on time and materials: $697,818. Please call me at 760-497-3318 or Steve Gruber at 760-795-6905 if you have any questions or comments on this Scope of Work. Very truly yours, Weston Solutions, Inc. David H. Pohl, P.E., Ph.D. Program Manager cc: Project File EXHIBIT B Proposal to Provide Professional Services for the Newport Coast ASBS Protection ImDlementatil FEE PROPOSAL WESTON is pleased to provide our not -to -exceed fee proposal for the City of Newport Beach's (City's) contract services, including current fee schedule for each job classification (Table 1). Fees are also itemized according to tasks with task budgets inclusive of miscellaneous costs such as travel, reproduction, etc (Table 1). Hourly wages, shown in Table 1, include all related overhead such as computers, telephones, etc. rible 1. Proposed Fee Schedule by Job Classification Task I -Plannina Documents and mlimrthilanagenriont Nil Rale mpent Pp@, WPvaM' raY Par Roar Sub Tank 014 1CblMbomtl Bub TA WaOMb roHra Manapman Sub TabN Sub Tank RS Rationing Sub Tank PT Total Noun Total Dolbn Proem Principal S no N,60 24 203 5M 5 35.915 241S 4.00 Pialont Monger, Se S 105 0,745 Trial labo" S 1170 f 27,000 S MHS 0 10 RIS 0,250 Pored Mow,,x S 155 16 V S 2,314 4011 0,300 Eu,nou S 150 SHS Eng,n,er..,Ln 0.0 02 32 S 4,600 aebmm, SaTux i AO bo Sea S.W. Sen 40 33 132 S 16,40 Sr3eMin13 S 1211 3i 0 i 120 Sck .I 2 b 1% i moot sngObt 2 $ 100 32 N 20 112M 32 322 i 32.200 GIS Suntuat $ 140 SO 16 10 S 32 33 S 4.460 TKMKw, Fund/labral $ 0 112 101 W 212 $ 101 $ 8.565 WIP6 3 75 24 40 26 72 24 60 S 6.00 labor lbws 133 M 511 0 202 1013 S 115.415 Tobi la0olt3 S 1560 i 11,60 3 19585 i 1 300 S 16210 a 115,116 Sunabool SMKburabb 6 6o 6,07 3 2762E 3 i 0 3Maintain f 551 S 50 3 231 3 265 T802-Inter-Tidalliabaat Restoration PNotlm MmenSiMn POamvau-aemuval ono.... lot Bill Ra@ Pro,nun Pro9nm 4aY Per IIOW no Tank 314 Sub T.0 Gvems Acne.. Sub Tank 3S TaYI Noun Total Dana. 6clmaa1. S. f 121W 10 in 320 S N,60 TecNucw4 FYY 7 toboonni 3 05 10 200 203 5M 5 35.915 la0rH0m 20 0p n3 473 S 0,745 Trial labo" S 1170 f 27,000 S MHS 3 074E Sq6 S 5.05 4 i S 5.701 TmN $ 1.552 S 2,314 Total Eapen-SS 3 6,017 S SHS Torek 3. Pmiect Mon6orina and Unit,., CryYI Cow Sh..dn%51m1n pram Suek Gully Stab PadWr9 Lot No Rab Inrrltrakon"11., &coonC nbrol Improvements Per Ibur Sub Tank al Sub Tank 92 Sub Task0 Imrlbw Plug Public lm0am MonMnn9 Reduction Sub Unk" SubT."" Total Nuunt Total Dmlam Prowl ui n 155.20 4 4 4 16 a b S 5,30 EVeer. Senux 20.0 2 2 4 i 00 En brae 15000 b SO $ 4.50 Eng,n,er..,Ln 0.0 10 10 S Sea S.W. Sen Man) 6 4 2 24 v 0 i 9,40 Sck .I 2 10.0 56 32 N 112 S 112M Scbmisll 920 u 52 SO 16 10 S 11.90 EniromrbOtl Anel 1 &.0 16 112 m W 212 $ 17,a0e TCCIaarYn, Fn13 / laboratory 650 32 72 26 72 201 3M74,M Labor HOm H 30 10 M 0 nor Tabl labor of S 5,323 i Main i 11y0 S 20,232 S 2,016 SLaonow SMKburabb 6 20.507 i 6,07 3 2762E 3 14.116 3Maintain f 551 S 50 3 231 3 265 SPMpoor 3 211 3 155 S 110 3 110Sh Code 5 III S 221 3 110 SCN,dd Cambs 5 55 S 55 3 55 S 10 SS IDS S 165 S 63 S I% SFbviOnt. 5 623 S 2677 STom Espen- 33 s i 1 336 a Sul i 14764 i S111F—i 9 Collaborative, Sustainable Solutions to Protect & Restore the ASBS April 2011 1 Fee Proposal Proposal to Provide Professional Services r for the Newport Coast ASBS Protection Implementation Program i Table 1. Proposed Fee Schedule by Job Classification (cont'd) Task 4 -ASBS Monitoring and Assessment Bill Rate Category Per Hour Review City ASBS Monibnng Plans& Reports&IDData Gaps Sub Task 81 -42 Conduct Monitoring WD& TOX Sub Talc WA Conduct Monitoring- Conduct Monitoring Bioaccumulabon - X - Contamination Sub Task e38 Sub Task $3C Conduct Monitoring- Public Um Sub Task WD Conduct Monitoring- Rocky Inter. Tidal Sub Task WE Conduct Assess Momtonng Mu=iWnng Subbdal Data tub Task 931 Sub Task 04 Adapbve Analytical WD MoNtonng Total Hours 36 Total Dollars Project Manager, Senor S 165 Engineer $ 150 26 25 $ 3,900 Scbmist, Senior $ 140 60 60 $ 15 GIS S list $ 140 16 $ 2,640 Suenlist, Sww S 140 38 38 $ 2,700 Labor Hours 210 210 $ 682 32 29780 32 $ 4,480 Scientist f 120 24 11,025 32 i f m I $ as s 10,500 Scientist $ Im 48 11.02616 $ f $ 1 f Is 1 $ 1$ f 11,025 40.605 16 64 S 6,400 GIS Ane st $ 75 32 32 S 2,400 Technician, Swim S 75 24 24 S 1,1901 TacMklan. Field / Laboratory, S 65 48 48 S 3,120 WIP & Graphics S 75 16 24 40 $ 3,000 Labor Hous 64 96 32 32 120 344 Total Labor SS S 5,880 S 7,920 $ 3,840 S 3810 f 12,920 S 34,400 subecnsuftwis $ 8,520 $ 2,205 S 8,820 $ 8,820 $ 6,359 S 2,205 $ 10,198 S 47,427 Mileage $ 133 S 67 $ 200 Supplant $ 551 S 551 $ 1,102 Boal $ 551 1 1$ 551 Total a ensc SS 1 $ $ 920 S an f 8,820 S 9,820 § 6,359 f 3,374 f f 10,1M $ 49,290 6.860 S 6,760 S 7.2141$ 12,9201$ 10 $ 43.580 Task 5 -ASBS Watershed Manaaement Plan Update Bill Ram category Per Hour ASBS Watershed Management Plan Update Total Hours Total Dollars Protect Manager $ 155 20 20 $ 3,100 Eng,nmer. Senior S 200 36 36 S 7,200 Engineer $ 150 26 25 $ 3,900 Scbmist, Senior $ 140 60 60 $ 8,400 GIS S list $ 140 32 32 It 4,480 WIP 8 Graphics f 75 38 38 $ 2,700 Labor Hours 210 210 $ 682 Total Labor S$ S 29780 Ill 29.780 Bubcomultants $ 11,025 S 11,025 Mileage i f Supplies I $ Boa I I f Total Exnse $$ $ 11.02616 $ f $ 1 f Is 1 $ 1$ f 11,025 40.605 Task 6a -Crvstal Cove State Park Parkina Lot Improvernents Bill Rab Category Per Hour Construction Dmuments Parking Lot Total Room Total I Dollars Project Principal $ 200 8 8 $ 1,600 P -mt Manager, Sem. S 165 16S 2,640 E -neer $ 150 205 21605 S 30.750 Labor Hous 229 229 Total Labor$$ S 34,990 IS 34.990 SubconsunaM3 $ 36,162 S 38.162 mdeeige $ 682 § 662 Total Ea rise $$ f 36.844 S S It S It $ It S f 38 844 Building Collaborative, Sustainable Solutions to Protect & Restore the ASBS April 2011 - 2 Fee Proposal oRr Proposal to Provide Professional Services for the Newport Coast ASBS Protection Implementation Program 1. Proposed Fee Schedule by Job Classification (cont'd) Task 6b-Crvstal Cove Tidewater Creek Improvement Project &II Rab category Per Hour Construction Documents Creek Mount Total Hours Total Dollars Project Pnrci $ 200 a a $ 1,600 Prpje Manager. Swi S 165 a e$ 1,320 Ergineer S 15D 60 60 $ 8,000 Scientist. Sen' $ 140 40 40 S 5,600 Sciemol 11 S 92 M 20 S 1,840 Labor Han 135 136 Total Labor i$ 1s 19 390 $ 19.300 Subconsu8ants $ 64,466 $ 64,466 Mileage I S 551 $ 551 Total Es not, $$ 13 TASKARI 0,01715 S f $ S S f f f owl Is 65,017 $4.377 Task7-Bi Can on Seleniuminvesligation Bill Rate Catetiory Per Hour Big Canyon Selenium In"aogaeon Total Haus Total Dollars P acl M . So,o, $ 165 40 40 S 6,600 Scan w. S S 140 32 32 $ 4.460 Scw4®t 3 S 120 24 24 $ 2,860 Scientist 2 S 100 60 60 $ 6,000 GIS Analyst S 75 40 40 S 3.000 TecMk:ion, Senior S 75 85,000 S Technician. Field I labors) $ 65 72 72 S 4.680 WIP & Graphics S 75 24 24 S 1,600 labor Haas 292 292 Total Labor $$ $ 29.440 S 29.440 Subconsullanls $ 54,932 --F$-54 932 Mileage $ 265 S 265 supplies $ 363 $ 363 Total Expense $$ S 65,686 $ f $ $ S f $ E f f 55,560 85. 0 Recap Building Collaborative, Susraiaohle Solutions to Protect & Restore the ASBS April 2011 3 Fee Proposal $ 115,465 Task 1 - Planning Documents and Project Management $ 88,762 Task 2 - Inter -Tidal Habitat Restoration Pilot implementation $ 127,895 Task 3 - Project Monitoring and Assessment $ 83,680 Task 4 -ASBS Monitoring and Assessment $ 40,805 Task 5 -ASBS Watershed Management Plan Update $ 71,834 Task 6a - Crystal Cove State Park Parking Lot Improvements $ 84,377 Task 6b - Crystal Cove Tidewater Creek M rovement Project $ 85,000 ITask 7 - Big Canyon Selenium Investigation Building Collaborative, Susraiaohle Solutions to Protect & Restore the ASBS April 2011 3 Fee Proposal ACb e CERTIFICATE OF LIABILITY INSURANCE DATEIYYYY) C.I 0612812011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES .NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificateholder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA INC. ONE TWO LOGAN SQUARE AH.1` : jn c Nol: PHILADELPHIA, PA 19103 E-MAIL ADDRESS: Attn: Philadelphia.cem@Mamb.com Fax: 212-9480360 INSURERS AFFORDING COVERAGE NAIC N INSURER A: Commerce And Industry Ins Co 19410 J25367-ALL'-GAWUP-11-12 INSURED INSURER e; Liberty Insurance COrporanon 42494 WESTON SOLUTIONS, INC. INSURER C : Chartis Specialty Insurance Company 26883 ATTN: SUSAN HIPP-LUDWICK, RISK MANAGER 1400 WESTON WAY INSURER o: Liberty Mulual Fire Ins Co 23035 WEST CHESTER, PA 19380 _ PERSONAL & ADV INJURY $ 1,000,000 INSURER E: INSURER F: AGGREGATE- COVERAGES CERTIFICATE NUMBER: CLE -003698260.02 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR LTR TYPE OF INSURANCE �ADOL S BR POLICY NUMBER POLICY EFF MMMDNYYY POLICY EXP MMIDDNYYY LIMITS A GENERALLIABILITY GL 3779410 10111512011 011158012 EACH OCCURRENCE $ 1,000.000 X COMMERCIAL GENERAL LIABILITYAMA CLAIMS -MADE 1 OCCUR ETO RENTT D REMISS rr n $ 1,006000 _ MEDEXP(My one person) $ 10,000 _ PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE- $ 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: _GENERAL _ PRODUC_T_S-COMPIOPAGG 2,000,000 POLICY PRO- I I LOG jECID _$ $ AUTOMOBILE LIABILITY AS2.Z31.477160.041 0111512011 0111512012 COMBINED SINGLE LIMIT (Ea accitlonN ,_ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED .AUTOS AUTOS BODILY INJURY (Per accitlen0 $ X HIRED AUT OB X NON-OWNEDAUTOS PROPERN AMAGE — $ $ CCUR �'-EXCEIS UABONIMS-MADE EACH OCCU $$ AGGREGATERRENCE _ DED B D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERiEXECUTIVE Y1Nl OFFICERIMEMBER EXCWDEO? a�NIA (Mandatory in NH) If. es. describe under DESCRIPTION OF OPERATIONS below JWA2.Z3D.477160.011(ADS) 01/1512011 IWC2-Z31-477160-051 (OR) 01/1512011 01115/2012 01115/2012 1 X i WC STAru- I IOTH., J�T9RY_LWiIIS—.. ER_;-_. E.L.EAC_HAD_61DENT -""-'--" E.L.DISEASE-EA.EMPLDYE IE.L. DISEASE-POLICYLIMIT'$ __ ;g 1.000000 ` _$ 1,000.000 — 1,006000 C (PROFESSIONAL LIABILITY I COPS3779573 10111512011 0111512012 EACH OCCURRENCE 1,000,000 AGGREGATE 1.000.000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THROUGH DECEMBER 31. 2012 (GRUBER-PM). ..ITY OF NEWPORT BEACH. ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION AND PROFESSIONAL LIABILITY) AS REQUIRED BY WRITTEN CONTRACT. THIS INSURANCE IS PRIMARY AND NONCONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT, CERTIFICATE HOLDER CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 330ONEWPOR3BOULEVARD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN NEWPORT BEACH. CA 926536915 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE At Marsh USA Inc. Donna Clampitt ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 377-54-10 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Locationls) Of Covered Operations BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the personls) or arganizatlon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the locations) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be, performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organ- ization other than another contractor or sub- contractor engaged in performing oper- ations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 0 POLICY NUMBER: GL 377-94-10 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl Or Organization(s): Location And Description Of Completeri_O erations BLANKET WHERE REQUIRED BY WRITTEN CONTRACT I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include. as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and inr..luded in the "products -completed operations hazard." CG 20 37 07 04 0 ISO Properties, Inc -2004 Page 1 of 1 CD POLICY NUMBER: GL 377-94-10 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ i WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not Applicable in: KY NJ, NH Schedule Any person or organization for whom ,you perform.work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury of damage occuring. This endorsement is executed by the Liberty Mutual Fire Insurance Company 16586 Premium $ Eliective Date Expiration Date For attachment to Policy No. WA2 - Z3 D - d 7 716 0 - 011 Countersigned Aulhorized Representative End. Serial No. 16 WC 00 03 13 Ed. 4/1/1984 Copyright 1983 National Council on Compensation Inswance. n POLICY NUMBER: COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10days beforethe effective date of can- cellation if we cancel for nonpaymentof premium; or b. 30 days before the effective date of can- cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's lastmailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the - first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not madeor offered a refund... 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records 'lye may examine and audit your books and rec- ords as they relate to this policy at any time dur- ing the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the .right to: a. Make inspections and surveys at any time: IL 00 17 11 96 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspec- tions, surveys, reports or recommenda- tions and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, ad- visory, rate service or similar organization which makes insurance inspections. surveys, reports or recommendations. 4. Paragraph 2. of this conditiondoes not apply to any inspections, surveys, reports or re- commendations we may make relative to cer- tification under state or municipal statutes, ordinances or regulations, of boilers, pres- sure vessels or elevators. E. Premiums The first Named Insured shown in the Decla- rations: 1. Is responsible for the payment of all pre- miums: and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may notbe transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be trans. ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 SAECIMEWpy right, Insurance Services Office, Inc., 1998 Page 1 of 1 0 ENDORSEMENT This endorsement, effective 12:01 A.M. 01/15/2011 forms a part of policy No. GL 377-94-10 issued to: WESTON SOLUTIONS, INC by COMMERCE AND INDUSTRY INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other [hall non payment of premium, and 1. The cancellation effective date is prior to this policy's expiration date; 2. The First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)")and has provided to the Insurer, either directly or through its broker of record, either. (a) the name of the entity shown on the certificate, a contact name at such entity and the mailing address of such entity: or (b) the email address of the contact at such entity, and the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, The Insurer will provide advice of cancellation (the "Advice") to such Certificate Holders. Proof of the Insurer emailing or mailing of the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE 107232 (11/10) Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 01 /15/2011 forms a part of policy No. GL 377-94-10 issued to WESTON SOLUTIONS, INC by COMMERCE AND INDUSTRY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative or Countersignature (in States Where Applicable 74434 (10/99) ACERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 40706 Dept./Contact Received From: Shauna Oyler Joel By: Ruby Weston Solutions, Lie. Date Completed: __6/15/2011 Sent to: Company/Person required to have certificate: 1. GENERAL LIABILITY A. INSURANCE COMPANY: Commerce and Industry Ltsurance Co. B. AM BEST RATING (A-: VII or greater): A, XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX] No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must Include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Yes included): Is it included? No C H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence"wording? Yes No L X I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. New Acord wordin.- 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Libcnc Mutual Fire Insurance Company_ B. AM BEST RATING (A-: VII or greater) A. XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes EX No D. LIMITS (Must be $1 M min BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000_ E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. NOTIFICATION OF CANCELLATION. Although there is a provision that requires noiilication of cancellation by cer-ilied mail: per Lauren Farley, the Cit, will accept the endeavor wording. \'cw Acurd.eorduu, III. WORKERS' COMPENSATION Liberty Insurance Corporation; A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company A. XV B. AM BEST RATING (A-: VII or greater): A, XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ❑ No FX No general liability primary and non-contributory IF N0, WHICH ITEMS NEED TO BE COMPLETED? endorsemcnl. NOTES: FV/C Company letters B and Don the cert seem io be reversed. LFniver o(subro (Libernh9+ehrc+U is (r>r oolif IV1 Z-Z3D-477160-011. Pol f# on cert: W 17-73D-477160-011. jIft, be lust a moo. Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach = Requires approval/exception/waiver by Risk Management Comments: Approved: Risk Management * St.mjecl to the terms of the contract. Date Dale v B&B initials wESTo� �a.k�rto'v5 .cov,� rrit��el, sS"ew2V' CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/14/2011 Dept./Contact Received From: Shauna Oyler Date Completed: 6/15/2011 Sent to: Joel By: Joel Company/Person required to have certificate: Weston Solutions, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Commerce and Industry Insurance Co B. AM BEST RATING (A-: VII or greater): A, XV C. ADMITTED Company (Must be California Admitted) Is Company admitted in California? Yes OX No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F7X No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes O No OX NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord wording 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Libeov Mutual Fire Insurance B. AM BEST RATING (A-: VII or greater) A. XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): _ Is it included? N/A Yes _ No L_ F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. \cu Acord wording Ill. WORKERS' COMPENSATION Liberty Insurance Corporation; A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company A, XV B. AM BEST RATING (A-: VII or greater): A, XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes OX No ❑ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ❑X No ❑ IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: Jul}' 5. ZOI I Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach = Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management * Subject to the terms of the contract. Date FOR STATE USE ONLY DGS REGISTRATION NO. �7 ef )1M PROPOSITION 84 AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State" or "State Water Board" AND CITY OF NEWPORT BEACH, hereinafter called "Grantee" NEWPORT COAST ASBS PROTECTION IMPLEMENTATION PROGRAM, hereinafter called "Project' AGREEMENT NO. 10-414-550 The State and Grantee hereby agree as follows: PROVISION(S). The following provision(s) authorize the State Water Board to enter into this type of Grant Agreement: Public Resources Code § 75060 (Proposition 84 Clean Beaches Initiative) PURPOSE. The State shall provide a grant to and for the benefit of Grantee for the purpose of implementing elements Of the Newport Coast ASBS Protection Program to improve water quality at public beaches and further reduce bacterial loadings to the coastal waters. GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $2,500,000.00. Global Positioning System (GPS) locations for any monitoring must be identified for this Project prior to any disbursements. TERM or AGREEMENT. The term of the Agreement shall begin on APRIL 1, 2011, and continue through final payment plus thirty-five (35) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY MARCH 31, 2014. ABSOLUTELY NO FUNDS MAY BE REQUESTED AFTER MAY 1, 2014. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be: State Water Board Grantee: City of Newport Beach Name: Ruben Mora, Grant Manager Name: Robert Stein, Project Director Address: 1001 1 Street, 16 In Floor Address: 3300 Newport Boulevard City, Zip: Sacramento, CA 95621 City, Zip: Newport Beach, CA 92658 Phone: 916 341-5387 Phone: 949 644-3322 Fax: 916 341-5707 Fax: 949 644-3318 e-mail: rmora cDwaterboards.ca.cov e-mail: RStein new ortbeachca. ov Direct all inquiries to: State Water Board Grantee: City of Newport Beach Section: Division of Financial Assistance Section: Attention: Melissa Miller, Pro ram Anal st Name: Robert Stein, Grant Contact Address: 1001 1 Street, 17 Floor Address: 3300 Newport Boulevard City, Zip: Sacramento, CA 95814 City, Zip: Newport Beach, CA 92658 Phone: (916) 993-3872 Phone: 949 644-3322 Fax: 916 341-5296 Fax: 949 644-3318 e-mail: mmiller waterboards.ca. ov e-mail: RStein@newportbeachca.gov Either party may change its Project Representative upon written notice to the other party. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 2 of 22 STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A SCOPE OF WORK Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS Exhibit C GENERAL TERMS & CONDITIONS Exhibit D SPECIAL CONDITIONS — PROPOSITION 84 ASBS GRANT PROGRAM GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. IN WITNESS THEREOF Mies have executed this Agreement on the dates set forth below. B . By: ry rant Signature Este ma za, Deput Dire / State 1T ter Resources Co tic pp Divisio of Financial Assist S TEP!/fi!/ /7r9GYl/N t 7 1 Grantee Typed/Printed Name Date /Z5yc kew iS 4!56Z-VIE- Title 156Z- 3LTitle and Date Reviewed by: 7 / Office of CNel Counsel Date: v I 1 LIZ01 City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 3 of 22 EXHIBIT A SCOPE OF WORK A. PLANS AND COMPLIANCE REQUIREMENTS 1. In order for the State Water Board and Regional Water Quality Control Board (Regional Water Board) staff to verify work was adequately performed or conducted, GPS information for project site and monitoring locations must be identified for this Project prior to any disbursements. Submittal requirements for GPS data are available at: http://www.waterboards.ca.gov/water issues/programs/grants loans/grant info/index.shtml#plans. 2. The Grantee shall prepare and submit a Monitoring and Reporting Plan (MRP) that does all of the following: 1) identifies the nonpoint source(s) of pollution to be prevented or reduced by the Project; 2) describes the baseline water quality or quality of the environment to be addressed; 3) describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results; and 4) describes the monitoring program, including, but not limited to, the methodology, frequency, and duration of monitoring. The MRP shall be organized as follows, and may be submitted as separate documents or in one report. 2.1 Project Assessment and Evaluation The Project Assessment and Evaluation Plan (PAEP) describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results. The PAEP details the methods of measuring and reporting Project benefits. A PAEP will also identify the ASBS discharges and high threat discharges to be reduced or eliminated by the Project. The Grantee shall not implement monitoring and performance assessment and/or evaluation actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP is available at: http://www.waterboards.ca.gov/water issues/programs/grants loans/grant info/index.shtml#plans. 2.2 Monitoring Plan All projects must prepare a Monitoring Plan (MP). At a minimum, all MPs must: 1) describe the baseline water quality or quality of the environment to be addressed; 2) identify the non -point source(s) of pollution to be prevented or reduced by the Project; 3) be consistent with regional monitoring efforts and methods; and, 4) provide GPS information for all sampling locations. The MP must include a description of the monitoring program and objectives, types of constituents to be monitored, methodology, the frequency and duration of monitoring, the sampling location for the monitoring activities, and a discussion of how monitoring is related to existing regional monitoring efforts. The MP must also include a map showing the proposed monitoring sites, along with existing regional monitoring and other critical monitoring efforts. Any costs related to monitoring data collected prior to and not supported by the approved MP will not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a decision regarding approval prior to implementation. Guidance for preparing an MP is available at http://www.waterboards.ca.gov/water issues/programs/grants loans/grant info/index.shtml#plans. 2.3 Quality Assurance Project Plan If water quality monitoring is undertaken, the Grantee shall also prepare, maintain, and implement a Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ/R5, 3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. The QAPP shall be submitted to the State Water Board's Quality Assurance Officer for review and a decision regarding approval. Any costs related to monitoring City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 4 of 22 data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance for preparing the QAPP is available at: http://www.waterboards.ca.gov/water issues/programs/grants loans/grant info/index.shtml#plans. The Grantee shall upload a pdf version of the final approved document(s) to the Financial Assistance Application Submittal Tool (FAAST) system. 2.4 Data Management Upon the request of the Grant Manager, the Grantee shall submit all water quality data obtained through implementation of the Monitoring Plan to one of the four Regional Data Centers (Moss Landing Marine Lab, San Francisco Estuary Institute, Southern California Coastal Water Research Project, or University of California, Davis), in an electronic format that can readily be uploaded to the California Environmental Data Exchange Network (CEDEN), such as SWAMP data format templates. 3. All projects are required to comply with the California Environmental Quality Act (CEQA). No work that is subject to the CEQA or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State Water Board has given environmental clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the State Water Board's Division of Financial Assistance (Division). Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. 4. If landowner agreements are required, signed copies must be submitted to the Grant Manager before works begins. 5. If permits are required, the permits must be obtained and signed copies submitted to the Grant Manager before work begins. 6. State Disclosure Requirements — Include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." Signage shall be posted in a prominent location at Project site (if applicable) or at the Grantee's headquarters and shall include the State Water Board color logo (available from the Program Analyst): Water 'Boards and the following disclosure statement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board." 7. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this exhibit. (Gov. Code, § 7550) City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 5 of 22 B. WORK TO BE PERFORMED BY GRANTEE 1. Runoff Reduction Program 1.1 Prepare an assessment of homeowner association common areas that drain to or adjacent to the ASBS to be targeted under this program. Coordinate with Irvine Ranch Water District (IRWD) on the assessment, review water usage records, and submit the assessment to the Grant Manager. 1.2 Create a marketing campaign to facilitate the success of the program, and submit a copy of the marketing materials to the Grant Manager. 1.3. Perform irrigation system evaluations and provide recommendations. Submit the evaluations and recommendations to the Grant Manager. 1.4 Perform pre -implementation baseline monitoring. 1.5 Install irrigation system improvements and. associated equipment. 1.6 Provide verification inspections and complete installation report forms. Submit the inspection and installation reports to the Grant Manager. 1.7 Implement an outreach and education program. 1.8 Review pre -installation water usage records and perform post -implementation monitoring to determine the program's effectiveness, and submit an effectiveness monitoring report to the Grant Manager. Buck Gully Erosion Control/Wetlands Project and Storm Drain Infiltration Gallery 2.1 Buck Gully Erosion Control/Wetlands Project 2.1.1 Prepare final construction documents per previously prepared planning documents and submit to the Grant Manager. 2.1.2 Construct the Project. 2.1.3 Conduct pre- and post -construction water quality monitoring and effectiveness assessment, and submit a report to the Grant Manager. 2.1.4 Prepare and submit As -Built drawings and photo documentation to the Grant Manager. 2.2 Storm Drain Infiltration Gallery 2.2.1 Design a system to treat and convey stormwater to reduce metals loading that is discharging directly to the beach area adjacent to the ASBS. 2.2.2 Prepare final construction documents to install infiltration gallery and submit to the Grant Manager. 2.2.3 Construct the Project. 2.2.4 Conduct pre- and post -construction water quality monitoring and effectiveness assessment, and submit a report to the Grant Manager. 2.2.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager. City of Newport Beach Slate Water Board Grant Agreement No. 10-414-550 Page 6 of 22 3. Crystal Cove State Park (Park) Parking Lot Improvements 3.1 Design control measures to reduce peak flows from parking lot(s) in the Park, and submit the design(s) to the Grant Manager. 3.2 Prepare final construction documents and submit to the Grant Manager. 3.3 Construct the Project. 3.4 Conduct pre- and post -construction water quality monitoring and effectiveness assessment, and submit a report to the Grant Manager. 3.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager. 4. Los Trancos Pond Improvement Project 4.1 Prepare a pre -design memorandum, with recommendations for improving the ponded water area at the mouth of Los Trancos Creek, such as removing concrete debris, removing invasive plants, and re-establishing' native plants, e.g., bulrushes or cattails, and submit to the Grant Manager. 4.2 Prepare final construction documents and submit to the Grant Manager, 4.3 Construct the Project. 4.4 Conduct pre- and post -construction water quality monitoring, assist county Park staff in monitoring pond conditions, and submit a report.to the Grant Manager. 4.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager. 5. Pesticide Management Program 5.1 Prepare a campaign for training landscape maintenance companies and property owners on the the correct use of pesticide products. Submit pesticide information and mailers to the Grant Manager. 5.2 Conduct public workshops on pesticide management and submit a public workshops report to the Grant Manager. 5.3 Participate in the California Stormwater Quality Association pesticide subcommittee. 6. Public Impact Reduction 6.1 Develop and implement a program designed to reduce the intensity of visitor use at highly - impacted tidepool areas along the ASBS. Review an option for use of interpretive touch tanks. Prepare a regional protection program report, outlining how agencies and Non -Governmental Organizations (NGO) can coordinate education programs, docent programs and enforcement activities with the Newport Coast ASBS, and submit to the Grant Manager. 6.2 Install interpretive signs along the coastal walkways of the ASBS. Submit the final signage design and location plan to the Grant Manager. 6.3 Monitor use of the rocking -intertidal areas and gauge changes. Little Corona Rocky -Intertidal Restoration Pilot Program 7.1 Implement the pilot program to remove the invasive seaweed, and submit an invasive species removal report to the Grant Manager. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 7 of 22 7,2 Review the Bight08 Biology Survey data, define supplemental monitoring requirements, collect biological data, and perform other marine surveys and toxicity tests appropriate for assessing other areas of the ASBS. Provide a biology survey summary report to the Grant Manager. 8. ASBS Collaborative Management Program 8.1 Create a centralized website for southern California ASBS stakeholders to confer on policy, scientific, and collaboration issues. Stakeholders invited to participate include coastal cities with ASBS, United States Navy, Coastkeepers, Surfriders, other NGO's, The Southern California Coastal Water Research Project (SCCWRP), The Scripps Research Institute, State resources agencies, local community groups, University of California, Irvine, Cal State Fullerton, University of California, San Diego, counties' watershed staff, and marine life experts and consultants. Submit a website outline and forum topics to the Grant Manager. 8.2 Develop an Integrated ASBS Program, that includes an ecosystem impact metric for a tiered monitoring program, prioritization of actions, resource planning and linkage to current and anticipated Total Maximum Daily Load using a watershed approach, and submit to the Grant Manager. It will include an assessment of a variety of potential anthropogenic perturbations, e.g., urban runoff, flow from Newport Harbor, trampling of intertidal organisms from tidepool visitors, using a triad approach that includes water quality, toxicity and bioaccumulation, and biological community structure. Studies will be conducted pre- and post implementation to determine the collective effectiveness on the ASBS. 8.3 Prepare an annual report, summarizing the status of the website and the recommendations of the stakeholders forums, and submit to the Grant Manager. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 8 of 22 TABLE OF ITEMS FOR REVIEW Item DESCRIPTION CRITICAL DUE DATE, ESTIMATED DUE DATE EXHIBIT A — SCOPE OF WORK A. PLANS AND COMPLIANCE REQUIREMENTS 1. GPS information for Project site and monitoring locations Day 90 2.1 Project Assessment and Evaluation Plan (PAEP) Day 30 2.2 Monitoring Plan (MP) Day 90 2.3 Quality Assurance Project Plan (QAPP) Day 90 3. Copy of final CEQA/NEPA Documentation Various, per schedule 4. Land Owner Agreement(s) N/A 5. Applicable Permits As Needed B. WORK TO BE PERFORMED BY GRANTEE 1. Runoff Reduction Program 1.1 Homeowners Association Common Area Assessment August 2011 1.2 Marketing Materials October 2011 1.3 Irrigation System Evaluations and Recommendations July 2012 1.6 Inspection and Installation Report March 2013 1.8 Effectiveness Monitoring Reports January 2014 2 Buck Gully Erosion Control/Wetlands Project and Storm Drain Infiltration Gallery 2.1.1 Final Construction Documents June 2011 2.1.3 Water Quality Monitoring and Effectiveness Assessment Report July 2011 2.1.4 As -Built Drawings and Photo Documentation August 2012 2.2.2 Final Construction Documents December 2012 2.2.4 Water Quality Monitoring and Effectiveness Assessment Report January 2013 2.2.5 As -Built Drawings and Photo Documentation June 2013 3. Crystal Cove State Park Parking Lot Improvement 3.1 Parking Lot Design(s) July 2012 3.2 Final Construction Documents December 2012 3.4 Water Quality Monitoring and Effectiveness Assessment Report January 2013 3.5 As -Built Drawings and Photo Documentation July 2013 4. Los Trancos Pond Improvement Project 4.1 Pre -Design Memo December 2011 4.2 Final Construction Documents June 2012 City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 9 of 22 Item DESCRIPTION CRITICAL DUE DATE ESTIMATED DUE DATE EXHIBIT A — SCOPE OF WORK 4.4 Water Quality Monitoring Report July 2012 4.5 As -Built Drawings and Photo Documentation January 2013 5. Pesticide Management Program 5.1 Pesticide Information and Mailers January 2012 5.2 Public Workshops Report January 2013 6. Public Impact Reduction 6.1 Regional Protection Program Report January 2013 6.2 Final Signage Design and Location Plan June 2012 7. Little Corona Rocky -Intertidal Restoration Pilot Program 7.1 Invasive Species Removal Report December 2013 7.2 Biology Survey Summary Report December 2013 8. ASBS Collaborative Management Program 8.1 Website Outline and Forum Topics December 2012 8.2 Integrated ASBS Program December 2013 8.3 Annual Report January 2013 and 2014 EXHIBIT B — INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS A. INVOICING Quarterly G. REPORTS 1. Progress Reports by the twentieth (20 ) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 2. Annual Progress Summaries September 2012 September 2013 3 Natural Resource Projects Inventory (NRPI) Project Survey Form Before final invoice 4. Draft Project Report January 2014 Final Project Report February 20E14 6. Final Project Summary February 2014 7.5. Final Project Inspection and Certification Before Final Invoice City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 10 of 22 EXHIBIT B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS A. INVOICING 1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice must be itemized based on the line items specified in the Budget. The original invoice shall be submitted to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in Section E.1 of this exhibit. The address for submittal is: Ruben Mora, Grant Manager State Water Resources Control Board Division of Financial Assistance 1001 1 Street, 16`h Floor Sacramento, CA 95814 2. Invoices submitted in any other format than the one provided by the State Water Board will cause an invoice to be disputed. In the event of an invoice dispute, the State Water Board's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water Board Grant Manager has.the responsibility for approving invoices. 3. Supporting documentation (e.g., receipts) must be submitted with each invoice to request reimbursement for grant funds as well as to support matching funds invoiced. The amount claimed for the Personnel Services line item and Professional and Consultant Services line item must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Invoice payment shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. 4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by the Grantee shall be paid to contractors and vendors within thirty (30) days from receipt of the funds. In the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty (30) days from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Grantee held such funds in interest-bearing accounts, any interest earned on the funds shall also be due to the State Water Board. 5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of; or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation. 6. Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board may retain an amount equal to ten percent (10%) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 7. The invoice shall contain the following information: a. The date of the invoice; b. The time period covered by the invoice, i.e., the term "from" and "to"; City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 11 of 22 c. The total amount due; and d. Original signature and date (in ink) of Grantee or its authorized representative. e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN MAY 1, 2014. B. PROHIBITION OF INDIRECT COSTS The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such, grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee; accounting and personnel services performed within the Grantee organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining facilities; tuition and conference fees; and, generic overhead or markup. Any invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Grantee and any subcontract or subagreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement. C. BUDGET CONTINGENCY CLAUSE The maximum amount to be encumbered under this Agreement for the 2010-2011 fiscal year ending June 30, 2011 shall not exceed TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced amount. D. LINE ITEM BUDGET PROP 84 MATCH TOTAL Personnel Services $ 0 $ 243,271 $ 243,271 Equipment ($5,000 or more per item) $ 5,000 $ 0 $ 5,000 Water Quality Meter Professional and Consultant Services $1,107,500 $ 451,000 $1,558,500 Geotechnical, Permitting and Environmental Services; Irrigation Controllers and Pesticide Program; PAEP, QAPP and Monitoring Plan; Buck Gully Erosion Control/Wetlands Project; Rocky Intertidal Pilot Program; Southern CA Bight ASBS Website; Public Impact Reduction Program and Signage; ASBS Collaborative Management Program; Monitoring Construction (Contracted Services) $1,387,500 $1,356,500 $2,744,000 TOTAL $2,500,000 $2,050,771 $4,550,771 City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 12 of 22 E. BUDGET LINE ITEM FLEXIBILITY Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total grant amount including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing, by the Grant Manager. Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The State Water Board may also propose adjustments to the budget. 3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State Water Board will mail a Notice of Project Completion letter to the Grantee stating that the Project file is closed, the final invoice is being processed for payment, and any remaining balance will be disencumbered and unavailable for further use under the Grant Agreement. F. MATCH FUNDS The Grantee agrees to provide match funds in the amount of TWO MILLION FIFTY THOUSAND SEVEN HUNDRED SEVENTY-ONE DOLLARS ($2,050,771) for this Project. This amount of match funds is based on the classifications (i.e., Line Item Budget categories), funding sources, and amounts submitted by the Grantee in its application. Any changes in amount or adjustments in classification or sources must be approved, in advance and in writing, by the Grant Manager. G. REPORTS 1. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant Manager by the twentieth (20th) of the month following the end of the calendar quarter (March, June, September, and December). a. The progress reports shall provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. b. The invoice should accompany the progress report. The invoice should reflect charges for the work completed during the reporting period covered by progress report. The invoice cannot be paid prior to submission of a progress report covering the invoice reporting period. 2. ANNUAL PROGRESS SUMMARIES. Prepare and provide an annual progress summary by September 30, 2012 and September 30, 2013. The summary must be no more than two (2) pages, and shall include pictures as appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the FAAST system. The summary shall include the following: a. A summary of the conditions the Project is meant to alleviate, the Project's objective, the scope of the Project, and a description of the approach used to achieve the Project's objective. b. A summary of the progress made to date, significant milestones achieved, and'the current schedule of completing the Project. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 13 of 22 c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and alleviating the Project's original conditions. A template for the Annual Progress Summary is available online at: http://www.waterboards.ca.gov/water issues/programs/q rants loans/grant info/index.shtml 3. NRPI SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit electronically a Natural Resource Project Inventory (NRPI) Project Survey Form found at http://www.ice.ucdavis.edu/nrpi. Prior to final payment, the Grantee shall notify the Program Analyst they have uploaded an electronic copy of the form to the NRPI system. 4. DRAFT PROJECT REPORT. Prepare and submit to the Grant Manager, for review and comment, a draft Project Report that includes information collected by the recipient in accordance with the Project monitoring and reporting plan, a determination of the effectiveness of the Project in preventing or reducing pollution, and the results of the monitoring program. The draft report shall address the following narrative sections and items. a. A summary of the Project, describing Project purpose, scope and goals, activities completed, techniques used and partners involved. b. A report bf all monitoring and management practices or management measures implemented, together with their corresponding locations. The report shall be in a format that enables the Grant Manager to find the physical location of each implemented practice or measure and/or monitoring event in a quick and efficient manner. Acceptable formats include, but are not limited to: Map of locations — The map of practices or measures implemented shall consist of dots placed on a USGS 7.5 -minute quadrangle map at the implementation location. Lead lines shall be connected to a text box description of the practice or measure. The dots shall have a small enough diameter to enable the Grant Manager to locate the measure or practice within a 50 -foot radius. Project coding system — The project coding system shall explain the coding used to describe each implemented practice or measure and include a reference to the corresponding GPS location(s). c. Describe Project performance, including benefits; successes and shortcomings, consistent with the PAEP. Enumerate specific quantifiable environmental changes and results of the Project. As appropriate, include 1) behavioral results such as the amount of management practices or measures implemented, 2) cost of implementing each BMP or management measure, 3) estimates or measurements of the amount of pollutants prevented from reaching surface or ground water, 4) documented changes in water quality based on monitoring, and 4) improved or protected beneficial uses. In addition, if the Grantee is responsible for the discharge(s) into the ASBS, the PAEP shall include: o A description of how the Project addresses high threat discharges, and o Estimated dates and schedules for addressing future high threat discharges, if known. d. Identify lessons learned in carrying out the Project. Describe what worked and what did not work, and how similar efforts could be utilized within the Project area, as well as in other watersheds. e. Describe the extent of outreach that has been conducted and if there are plans to further promote the results of the Project to achieve additional implementation. f. Describe the Project's funding. Include the projected cost and actual cost of the Project, how much of the grant funds were spent, and how much funding was put into the Project from other sources. Identify funding sources that have been "leveraged" by the Project and plans for funding future activities. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 14 of 22 g. Identify planned or potential follow-up activities, such as any additional steps necessary to achieve the water quality objectives, Total Maximum Daily Loads (TMDL) or local watershed plans. h. Include appropriate photos and graphics. i. A list of items submitted as outlined in the Table of Items for Review. j. Any additional information that is deemed appropriate by the Project Director or Grant Manager. 5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the draft final Project Report. Submit one (1) reproducible master, and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to the FAAST system. 6. FINAL PROJECT SUMMARY. Prepare a final Project Summary Report that describes the Project's objective, scope, and final evaluation of the effectiveness of the Project in preventing or reducing pollution. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system. A template for the Final Project Summary is available online at: http://www.waterboards.ca.gov/ water issues/programs/grants loans/grant info/index.shtml. FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Project, the Grantee shall provide for a final inspection and shall certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involved the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification shall be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification shall be provided to the Grant Manager. 8. The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications that may be reasonably required by the State Water Board. H. PAYMENT OF PROJECT COSTS The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. AUDIT DISALLOWANCES The Grantee agrees it shall return any audit disallowances to the State Water Board. J. FRAUD AND MISUSE OF PUBLIC FUNDS All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for, time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to Exhibit C, paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 489-490.) City of Newport Beach State Water Board Grant Agreement No. 10414-550 Page 15 of 22 EXHIBIT C GENERAL TERMS & CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the State Water Board. 3, ASSIGNMENT: This grant is not assignable by the Grantee, either in whale or in part, without the written consent of the State Water Board. 4. AUDIT: The Grantee agrees the State Water Board, the Bureau of State Audits, the Governor of the State, or the internal Revenue Service, or any authorized representative of the foregoing shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Division of Financial Assistance (Division), at its option, may call for an audit of financial information relative to the Project, where the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because df federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Grantee and at the cost of the Grantee. The audit shall be in the form required by the Division. The Grantee agrees to maintain such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a longer period of records retention is stipulated. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of this Agreement. (Gov. Code, § 8546.7; Pub. Contract Code, § 10115 et seq.) 5. BONDING: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. (Civ. Code, § 3247 et seq.; Pub. Contract Code, § 7103.) 6. CEQA/NEPA: No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State Water Board has given environmental clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the Division. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a bleach of a material provision of this Agreement. b. If this Project includes modification of a river or stream channel, it must fully mitigate environmental impacts resulting from the modification. The Grantee must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. 7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the useful life of the Project, whichever is longer. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 16 of 22 8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 9. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and/or federal conflict of interest laws. 10. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all grant funds or any portion of all remaining grant funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 11. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse the state in an amount equal to any damages paid by or loss incurred by the State due to such breach. 12. DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data can be incorporated into appropriate statewide data systems. 13. DISPUTES: The Grantee shall continue with its responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Grantee and to the State Water Board's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. 14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 17 of 22 17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 18. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water Board. 19. INSPECTION: The State Water Board, the Bureau of State Audits, or any authorized representative of the foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation and thereafter for the life of the Project to ascertain compliance with this Agreement and its goals. The Grantee acknowledges that the Project records and location are public records. 20. INSURANCE: Throughout the life of the Project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days prior written notice to the State Water Board. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. PAM016121193 6101Ci101IMAN Ilei ►11 a. During the performance of this Agreement, the Grantee and its consultants and contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. b. The Grantee, its consultants, and contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 7285 et sec.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement, if any. e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of this Agreement which may result in its termination. 22. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking established herein. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 18 of 22 23. NOTICE: a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring, demonstration, or other implementation activities such that State Water Board and/or Regional Water Board staff may observe and document such activities. b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State Water Board, and the State Water Board has given written approval for such change. C. Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during implementation of the Project, the Grantee agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the Division. d. Discovery of any unexpected endangered or threatened species, as defined in the federal or California Endangered Species Acts. Should a federal or state protected species be unexpectedly encountered during implementation of the Project, the Grantee agrees to promptly notify the Division. This notification is in addition to the Grantee's obligations under the federal or state Endangered Species Acts. e. The Grantee shall notify the State Water Board at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by State Water Board's representatives. f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project. g. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 24. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the Project throughout the life of the Project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, -and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 25. PERMITS, CONTRACTING, AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, if any, or as are specifically authorized by the State Water Board's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 19 of 22 ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35; Gov. Code, § 4477) www.epls.gov. The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or Grantee; b. Have not within a three (3) -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and, d. Have not within a three (3) -year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of the Department of Industrial Relations (DIR) to operate an LCP pursuant to Labor Code, section 1771.5 and section 16423 of title 8 of the California Code of Regulations. Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. 27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other work requiring interpretation and proper application of engineering or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered professional(s). As required by these laws, completed technical reports must bear the signature(s) and seals) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. 28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and, City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 20 of 22 f. If a Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Grantee agrees to compiete the Project funded by this Agreement or to repay all of the grant funds plus interest. 30. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not utilize the materials for any profit-makinb venture or sell or grant rights to a third party who intends to do so. 31. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the State Water Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the State against any loss or liability arising out of any claim or action brought against the State Water Board and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3,) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the State Water Board and/or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Water Boards. 33. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In -the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees. 34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State Water Board, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board. In the event of termination, the Grantee agrees, City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 21 of 22 upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to/from the Grantee to the date of full repayment by the Grantee. 35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel shall be at rates not to exceed those set by the Department of Personnel Administration. These rates may be found at.http://www.dl)a.ca.gov/ personnel-policies/travel/hr-staff.htm. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Grantee. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager. 37. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 38. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until fifty (50) years thereafter for pipelines and structures and twenty (20) years for all else. 39. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 40. WAIVER AND RIGHTS OF THE STATE WATER BOARD: Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. 41. WATERSHED MANAGEMENT PLAN CONSISTENCY: Grantee certifies that any watershed protection activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed management plans and the applicable Water Quality Control Plan (Basin Plan) adopted by a Regional Water Board, where such plans exist. 42. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. City of Newport Beach State Water Board Grant Agreement No. 10-414-550 Page 22 of 22 EXHIBIT D SPECIAL CONDITIONS PROPOSITION 84 ASBS GRANT PROGRAM 1. The Grantee certifies that it is one of the following: a city, county, city and county, district. 2. This Grantee hereby warrants and represents that this Project is capable of contributing to sustained, long-term water quality or environmental restoration or protection benefits for a period of twenty (20) years. 3. The Grantee certifies that this Project is intended to address the causes of degradation, rather than symptoms. 4. This Project is consistent with water quality and resource protection plans prepared, implemented, or adopted by the State Water Board, the applicable Regional Water Board, and the State Coastal Conservancy. 5. Notwithstanding Exhibit A, the Grantee shall submit a monitoring and reporting plan that will do all of the following: a. Identify the nonpoint source or sources of pollution to be prevented or reduced by Project; b. Describe the baseline water quality or quality of the environment to be addressed; c. Describe the manner that Project will prevent or reduce pollution and demonstrate desired environmental results; d. Describe the monitoring program, including, but not limited to, the methodology, and the frequency and duration of monitoring; and, 6. Notwithstanding Exhibit A, upon completion of the Project, the Grantee shall submit a report to the State Water Board that summarizes the completed activities and indicates whether the purposes of the Project have been met. The report shall include information collected by the recipient in accordance with the Project monitoring and reporting plan, including a determination of the effectiveness of the Project in preventing or reducing pollution, and the results of the monitoring program. 7. The Grantee certifies that if a recovery plan for coho salmon, steelhead trout, or other threatened or endangered aquatic species exists, this Project is consistent with such a plan and, if feasible, implements actions in such a plan. 8. The Grantee certifies that any real property or interests in real property acquired for this Project shall be acquired from a willing seller. 9. As part of this Project, the Grantee shall include a monitoring component. The results of this monitoring component shall be submitted as set forth in Exhibit A, paragraphs A.2.2 & A.2.3 of this Agreement. 10. The Grantee certifies that it is providing a match amount of at least 20%. Eligible expenses incurred after November 7, 2006, and prior to the Project completion date, may be applied to the cost match. 11. The Grantee certifies that it has obtained or will obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement. State Water Resources Control Board Linda S. Adams Division of Financial Assistance Acting Secretaryfor 1001 1 Street, Sacramento, California 95514 Environmental Protection P.O. Box 944212, Sacramento, California 94244-2120 (916)341-5700 a FAX(916)341-5707 o http://waterbouds.ca.gov May 13, 2011 Mr. Robert Stein, Project Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Dear Mr. Stein, GRANT AGREEMENT 10-414-550 Edmund G. Brown Jr. Governor Congratulations! Your Agreement has been fully executed and an original copy is enclosed. If you have any questions, please contact Melissa Miller directly by phone at (916) 993-3872 or by e-mail at MMiller@waterboards.ca.gov. Sincerely, Sheba Toledo Enclosure cc: Ruben Mora, Grant Manager Robert Stein, Grant Contact Melissa Miller, Program Analyst California Environmental Protection Agency QV Recycled Paper CITY OFNEW�PORTvaouRou B EA � SEW 7pRT NEWPORT BEACH MAY 2A 2011 City Council Staff Report o 0 0 Agenda Item No. May 24, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Robert Stein) APPROVED: �L-4N NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT TITLE: AND PROTECTION PROGRAMS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. ABSTRACT: Approve a professional services agreement for water quality assessment and design tasks in the Newport Coast Watershed and adjacent Areas of Special Biological Significance (ASBS), and water quality assessment tasks in the Big Canyon Watershed. RECOMMENDATIONS: 1. Approve Budget Amendment No. BA11- recognizing a contribution of $2,500,000 from the State Proposition 84 ASBS Grant to Account No. 255-482B and appropriating $563,000 to Account No. 7255-C5002006 for Newport Coast ASBS Monitoring; $795,000 to Account No. 7255-C5002007 for Newport Coast ASBS Runoff Reduction Program; and $112,000 to Account No. 7255-C5002008 for Newport Coast ASBS Public Impact Reduction Program; and transferring $49,818 in project savings from Account No. 7013–C2202000 to Account No. 7014-C5002006. 2. Approve a Professional Services Agreement with Weston Solutions Inc., of Carlsbad, California, at a cost not to exceed $697,818 and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: An agreement for a $2.5 million grant award for the Newport Coast Protection Implementation Program was executed with the State Water Resources Control Board NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS May 24, 2011 Page 2 (State Board) on May 14, 2011. This grant program includes several projects, two of which areincluded in the proposed FY 2012/13 Capital Improvements Program (CIP) budget and three that are presented in this report for appropriation as they time - sensitive and are ready to move forward. The Newport Coast Protection Implementation Program is summarized as follows: ' Project Amount ASBS Monitoring $ 563,000 Runoff Reduction Program 795,000 Public Impact Reduction Program 112,000 Buck Gully Canyon Stabilization and Flood Control* 725,000 Crystal Cove Parking Lot Improvements* 305,000 Total Grant Funding $2,500,000 incauaea in rroposea r -r zv7 v1z UIP duaget One major component of the grant provides primary funding for assessment and design tasks to be performed in the Newport Coast Watershed ($563,000). Upon City Council approval, staff will contract with Weston Solutions to perform water quality assessments and design tasks in the Newport Coast Watershed and adjacent Areas of Special Biological Significance (ASBS) and water quality assessment tasks in the Big Canyon Watershed. Grant funds will be augmented by funds already appropriated in this year's budget (FY 2010/11) as follows: Account Description Proposition 84 Grant Funds General Fund TMDL Administration Services Professional and Technical Water Conservation Activities TOTAL DISCUSSION: Account Number Amount 7255-C5002006 $563,000.00 7014-C5002006 49,818.00 2371-80809 20,000.00 0330-8080 33,000.00 5500-8303 32,000.00 $697,818.00 In 2004, the State Board advised the City that any direct storm drain discharges to the ASBS along Newport Coast that contained "waste" would be in violation of the California Ocean Plan. There are 23 storm drain discharge points from residential properties, highways and streets, and a golf course to the ASBS along Newport Coast. State Board staff has now drafted requirements to regulate dry -weather and storm flows from these drains and will present its recommendations to the State Board on May 18, 2011. In order to be able to respond to the State Board's concern about water quality discharges to the ASBS, the City in 2005 embarked on a program to monitor potential water quality impacts of flows from the small drains directly discharging to the ASBS. NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS May 24, 2011 Page 3 The ASBS support many of the beneficial uses outlined in the Ocean Plan of which the most relevant relate to recreational uses of the beach and support of the special habitat within the ASBS. Priority constituents of concern that potentially interfere with these beneficial uses include indicator bacteria, metals (e.g. copper and cadmium), sediment, and pesticides (diazinon and synthetic pyrethroids). Also in 2005, the City began assessing potential impacts to the ASBS associated with flows from the coastal canyons and Newport Harbor. The reason behind initiating this expanded monitoring program is that while the State Board is now focused on regulating flows from the small drains discharging directly to the ASBS, the City anticipates that regulations that are eventually promulgated for these small drains may form the basis for regulating dry - weather and storm flow discharges from the coastal canyons and Newport Bay. The City's comprehensive set of initial monitoring assessments that include water chemistry, bioaccumulation and toxicity studies, found good water quality conditions in the near - shore mixing zone. These results are memorialized in the City's Coastal Watershed Management Plan. The City is in the process of completing an agreement with the State Board for a $2.5 million grant award for the Newport Coast Protection Implementation Program. This grant provides the primary funding for continuing efforts to monitor the health of the ASBS as well as implement protection projects. Under the proposed professional services agreement, additional monitoring will be performed by Weston Solutions, Inc. ("Weston") to verify the water quality conditions in the ASBS. The consultant will also perform pre- and post -construction monitoring for the Buck Gully Erosion Control project that is anticipated to begin in October 2011. Additionally, under this professional services agreement, Weston will design two water quality improvement projects in Crystal Cove State Park and perform pre- and post -construction monitoring of the projects which will be constructed under a separate contract. Funding for the construction of these projects will come from the Proposition 84 grant and is included in the Proposed FY 2012/13 CIP budget. As a part of the subject professional services agreement, Weston will also perform water chemistry monitoring in the Big Canyon watershed. This data will be used by the City and Regional Water Quality Control Board (Santa Ana Region) to develop an effective and reasonable selenium mitigation program. Data collected in both watersheds will be assessed by Weston and incorporated into the City's watershed management plans for Newport Coast and Big Canyon. The Request for Proposals for this Professional Services Agreement was sent to ten consulting firms. Two proposals, consisting of the following consultant teams, were submitted to the City: 1. AMEC Earth & Environmental Inc. (with MACTEC, Fuscoe Engineering, Cal State Fullerton and Everest International Consultants) 2. Weston Solutions (with Dudek, Coastal Resource Management, Cal State Fullerton, and ESA PWA) PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE PROTECTION IMPLEMENTATION PROGRAM THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this day of May, 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and WESTON SOLUTIONS, INC., a California corporation ("Consultant"), whose address is 2433 Impala Drive, Carlsbad, California 92010 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement a protection program for the Newport Coast Area of Special Biological Significance ("ASBS"). Insert description of overal! project here C. City desires to engage Consultant to conduct monitoring, special studies, and best management practices (BMP) design and construction oversight as part of the Newport Coast ASBS Protection Implementation Program ("Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for, purposes of Project shall be Michael Drennan. 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 June 30, 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 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. 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 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 Robert Stein 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, Assistant City Engineer 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/her 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. WESTON SOLUTIONS, INC. Page 3 Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11 COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 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 WESTON SOLUTIONS, INC. Page 5 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 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 nonrenewal 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 WESTON SOLUTIONS, INC. Page 7 States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. 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. 21. 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 r ru5 y constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultantshall 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. WESTON SOLUTIONS, INC. Page 9 notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 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. 28. STANDARD PROVISIONS 28.1 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 nnx.m in force or hereinafter onactarted In addition all �Alcrk 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. 28.2 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. 28.3 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. 28.4 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. 28.5 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 WESTON SOLUTIONS, INC. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE TI -It C'�TY ATTORNEY Date:3 B'yOM Leonie Mulvihill Assistant City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT: WESTON SOLUTIONS, INC., a California Corporation Date: By: Michael Drennan Vice President Bv: Vincent A. Laino, Jr. Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates WESTON SOLUTIONS, INC. Page 13 April 26, 2011 Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Final Cost Proposal to Provide Professional Services for the Newport Coast ASBS Protection Implementation Program Dear Mr. Stein: Thank you for providing Weston Solutions, Inc. (WESTON®) the opportunity to submit our final cost proposal to the City of Newport Beach to provide professional services for the Newport Coast Area of Special Biological Significonce (ASBS) Proiection implementation Program in accordance with the attached Scope of Work dated April 25, 201 1. The final cost estimate is based on the attached Scope of Work that reflects additional tasks discussed and agreed to on April 21, 201 1. These additional tasks include the habitat assessment for the Buck Gully Erosion Control project, the effectiveness assessment monitoring for the filter best management practice (BMP) at Shorecliffs, and the work plan and monitoring for selenium at the Big Canyon restoration project. The cost breakdown by task is attached as Table 1. The total not to exceed cost to complete the Scope of Work is $697,818. Thank you again for the opportunity to provide you with professional services for the Newport Beach Coast ASBS Protection ASBS Protection Implementation Program. We look forward to the continued opportunity to partner with you in protecting and restoring Newport Coast's vibrant and valued natural resources. Should you have any questions or require additional information regarding this final cost proposal, please contact our proposed Program Manager, David Pohl, by phone or email (760.795.6918; david.00hl(7C7 westonsolutions.com). Sincerely, � � Michael Drennan Vice President, California Regional Manager Weston Solutions, Inc. Page 1 of 1 WESTON-SOLUTIONS NC 4433 Impala Drivc. Carlsbad, CA. 91010 (760) 7956900 / (760) 931-1580 FAX 0 0 www.weslon sola tion s.a am rhe rriisted Integrator for Sul Irihiable Solutlof)S April 26, 2011 Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Final Cost Proposal to Provide Professional Services for the Newport Coast ASBS Protection Implementation Program Dear Mr. Stein: Thank you for providing Weston Solutions, Inc. (WESTON®) the opportunity to submit our final cost proposal to the City of Newport Beach to provide professional services for the Newport Coast Area of Special Biological Significonce (ASBS) Proiection implementation Program in accordance with the attached Scope of Work dated April 25, 201 1. The final cost estimate is based on the attached Scope of Work that reflects additional tasks discussed and agreed to on April 21, 201 1. These additional tasks include the habitat assessment for the Buck Gully Erosion Control project, the effectiveness assessment monitoring for the filter best management practice (BMP) at Shorecliffs, and the work plan and monitoring for selenium at the Big Canyon restoration project. The cost breakdown by task is attached as Table 1. The total not to exceed cost to complete the Scope of Work is $697,818. Thank you again for the opportunity to provide you with professional services for the Newport Beach Coast ASBS Protection ASBS Protection Implementation Program. We look forward to the continued opportunity to partner with you in protecting and restoring Newport Coast's vibrant and valued natural resources. Should you have any questions or require additional information regarding this final cost proposal, please contact our proposed Program Manager, David Pohl, by phone or email (760.795.6918; david.00hl(7C7 westonsolutions.com). Sincerely, � � Michael Drennan Vice President, California Regional Manager Weston Solutions, Inc. Page 1 of 1 Ruben Stein, P.G. April 2u. 201 i Scope of Work — ASBS Protection and Restoration Program Page 2 Nlanage contract tasks includingpreparing monflik work -status reports. invoicing in accordance with City requirements. preparing qunrterl�' progress reports and attending task meetings. . Upon project completion of all tusks, prepare the draft Final Project Report for review and comment by the Cily. Task I Deliverables: Draft and Final PAFP, QAPP and Monitoring Plan, Data submittal to specified data collection center, Document Sharing Secure Website, Educational Public Web -site, and quarterly and annual status reports. Final Project Report, and meeting memoranda Task z: Intertidal Habitat Restoration Pilot Implementation Weston shall coordinate with the California State University at Fullerton to conduct the pilot restoration program. The program shall include the following tasks: Pilot Invasive Removal Plan — Develop a plan for the assessment of the most effective methods for invasive seaweed removal, optimal removal frequencies and equipment needs. Implement Pilot Program - Implement the pilot program to determine the feasibility of invasive species removal, ;incl unirig evatuati on of uie cost, effort, and success of removal. Effectiveness Assessment - Assess the effectiveness of this pilot program on the long term aquatic habitat improvement in the ASBS. Task 2 Deliverables: Implementation Plan, Quarterly progress reports, Draft and Final reports summarizing the effectiveness of invasive species removal in a marine habitat. Task 3: Project Monitoring and Assessment Weston shall conduct effectiveness monitoring and/or assessment for select grant -funded projects that include: a Buck Gully Erosion Control — Conduct monitoring up -gradient and down -gradient of the erosion control project site to assess the effectiveness of the project, including: photo documentation, Flows monitored in winter and summer, water quality testing. o In addition, Weston shall conduct a habitat survey to assess the effectiveness of the habitat restoration efforts in the Buck Gully Erosion Control Project o Shorecliffs Stom Drain Infiltration Gallery — Conduct monitoring of this BMP to assess effectiveness to reduce pollutant loads to the ASBS at this outfall. • Crystal Cove State Park Parking Lot Improvements — Conduct monitoring at Crystal Cove State Park to assess the effectiveness of the parking lot improvements, including baseline and post -construction water quality and flow. o Crystal Cove Creek Invasive Plant Removal — Conduct pre- and post -construction survey of plants to document improvements. • Public Impact Reduction — Review and assess survey results conducted by the Docents on the effectiveness of the public impact reduction measures Task 3 Deliverables: • Implementation Plan o Summary of monitoring data and effectiveness assessments. Rubtrt Ste,,,. P.G. P,pril =6, =0 i 1 Scope of' Work — ASBS Protection and Restoration Program Pace d Tack 6 Deliverables: e -Technical Memorandum on Creek Impro\ emcnt Options 0 30%. 609,o and Final construction documents u As -buil( drawings. and water quality and improvements assessment Task 7: Big Canyon Selenium Investigation Weston shall prepare a work plan to conduce an investigation of selenium sources and migration pathways in support of the planned restoration of Big Canyon. Weston shall work with the City and regulatory agencies in developing the work plan. Weston shall then conduct the selenium source and migration investigation in accordance with (he approved work plan Task 7 Deliverables: • Draft and Final Work Plan • Draft and Final Technical Memorandum on the results of the Selenium Source and Migration Investigation Total not to exceed estimated project cost for all tasks based on time and materials: $697,818. Please call me at 760-497-3318 or Steve Gruber at 760-795-6905 if you have any questions or comments on this Scope of Work. Very truly yours, Weston Solutions, Inc. David H. Pohl, P.E., Ph.D. Program Manager cc: Project File FEE PROPOSAL WESTON is pleased to provide our not -to -exceed fee proposal for the City of Newport Beach's (City's) contract services, including current fee schedule for each job classification (Table 1). Fees are also itemized according to tasks with task budgets inclusive of miscellaneous costs such as travel, reproduction, etc (Table 1). Hourly wages, shown in Table 1, include all related overhead such as computers, telephones, etc. I able 1. Pr000sed 6°ae ichna:;ed :;1 J", Task 2 - Inter -Tidal Habitat Restoration Pllot Imolamantetlen PI.minva veRemaMl IMpuMcM Pllol BII Item Program Program Cam v P rH.., Sub Tank Pta. Sub Tb9" F�IaNveeda Arsmnenl Sub Teal es Tocol Hours I TOMI 0011AM Sc1en1151, 5e"., 5 120 104 100 120 ]2p 5 ..umTecnNtlav, F10. 3 Lebo -1 S BS 150 200 201 553S 35.9:5 ILMr Hvurs 250 30 323 673 S 0.745 Tocol UOrii.'.S 23:750. S 21,000 'i 29,995 S 60.745 5.101- S 5,495 _' S 5.701 IIIS 2,552 900 s[.enSdeMEnb Misis "k S 2.311 -Tocol W.. 8,017 2a 1 i ':Px�&.°'.::St+T, iS, 6,010 a9 .621 Task]-Ploect Monkodn end A63e5ef110nt Ierysml corn I SnomQlm 9mrm Drain Buck Oully Smm P.M., L. BIIFem IMISubTainsli.n Gvllery ESubT An ISub T.A 3 Gm a Pe Hour bud Task M Sub TeW 67 Sub TaW a] Inmdw'ring Sub T. Sub Tack W Pudilc lmpeM Sub T. on Sud Te W 05 HOYm Hour Tab. 0o1lam PmINT Mvnv a 155.00 a 9 1 16 6 36 S 5,500 Enine 200.00 2 2 1 5 Boa E E InceTbN 150.00 JO JO S a,Me E 10 S 900 s[.enSdeMEnb Misis "k 40.00 1.70.00 6 4 2 24 2a 0 .2 5 8.100 100.00 50 J2 21 112 5 11,200 sdeNs12 Stlemlell 82.00 33 52 JO 5 "saa Envrorvnenml Nnel al &.00 10 113 60 34 212 212. 5 13,600 TC[Ilnicieq FieMll I6W210ry 6300 32 32 26 72 32 2011 5 I],Zfig lHours 82 NO 230 60 IBB 7% ' Talul. " tiOr Si ' 'f" 0'226 'i 26,652 'f line 26e0 3 .20¢52 'S 0,010 5 A,IOe t.bbonlwry S.Nablumma f 20.507 S 6,653 S 2.V $ 14.110 5 16.012 WIN. $ 551 S 22I 565 S S 265 5 1,Sea Per Diem f 121 $ 765 110 S 110 5 505 1. Snaclaaa 5 Y55 S 231 S u5 $ S 552 Ogilal Camera abi S 55 5 55 S 55 f 110 S 275 235 S 5 165 5 165 S 93 $ 765 5 536 F Mel.. bw Melvrs 5 Sal5 Un 5 3,000 .•..TvmPFa 'n0'SS'.•Y `=,W. $c li;e16S6' IA 2;II11 S' 14.768 51 1 S 6].2e] Building Collaborative, Sustainable Solutions to Protect & Restore the ASBS April 2011 —_ -_ - - --_ Fee Proposal Proposal to Provide Professional Services for the Newport Coast ASBS Protection Implementatic Cable 'I. Proposed Fee S^. L`eduia •:b C�:a.;:il 'tfl Task 6b -Crystal Cove Tidewater Creek Improvement Project Bill Rate Cate o Per Hour I consonction. Documents 1 Creek Mouth Total Noun: Total Dollars Plo'ect Principal $ 200 8 6 $ 1,800 Project Manager, Senior $ 165 a 8 S 1.320 Engineer $ 150 W 60 S 9,000 Scientist, Senior $ 140 40 40 S 5,600 Scientist 1 $ 92 20 20 S 1,840 Lebor Hours 136 136 $ Total Labor $$" $ 1 19,360 - 72 S 19,360 $ubconsullanls $ 64,466 24 $ 64,466 Mileage $ S51 I 1 1292 $ 551 ' Total'E� Was E$' lgiilimi $ - '65;017 S' "E 'E � $ E 3 It S $ 65,017 Task 7 - Bia Canvon Selenium Investioaltlon Bill Ram Category Per Haar Big Ca..bn Selenium i InveaBgetion i Total Hours Total Dollar. Project Manager, Senior S 165 40 40 S 6,600 Scientist. Senior S 140 32 32 S 4.480 Scientist S 120 24 24 S 2,880 Scientist S 100 60 6o $ 6,000 GIS Analyst $ 75 40 40 $ 3.000 Technician, Senlar $ 75 $ Technician, Field I Lebaatory $ 65 72 72 S 4,680 WIP 6 Graphics 5 75 24 24 S 1,800 Leiser Hours 1 2921 1 1 1292 Total Latmr$S E 1 29,4401 1 1 1 1 1 1 S 29.440 Subconsullatas $ 54.932 S 5.932 Mileage S 265 S 265 supplies S 363 S 363 S ' Total 'Fjt nao'S$ '5 I -66;580'. $" _ '$' " "f" $ f $ $ 56,660 Recap mlg0m= $ 115,465 Task 1 -Planning Documents and Pro' ct Mana ement $ 88,762 Task 2 - Inter -Tidal Habitat RestorationiPilot Implementation $ 127,895 Task 3 - Project Monitr and Assessment $ 83,680 Task 4 -AS BS Monitoring and Assess' ent $ 40,805 Task 5- ASBS Watershed Management PlanU date $ 71,834 Task 6a - Crystal Cove State Park Padking Lot Improvements $ 84,377 Task 6b - Crystal Cove Tidewater Credk Improvement Project $ 85,000 Task 7 - Big Can on Selenium Investig' tion Building Collaborative, Sustainable Solutions to Protect & Restore the ASBS April 2011 3 Fee Proposal City of Newport Beech BUDGET AMENDMENT 2010-11 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 11 BA -043 AMOUNT: $z,sas,sta.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to recognize a contribution from the State Proposition 84 Areas of Special Biological Significance (ASBS) Grant and appropriate funds to cover the cost of a Professional Services Agreement (PSA) with Weston Solutions, Inc. to perform water quality assessment and design tasks in the Newport Coast Watershed and adjacent Areas of Special Biological Significance (ASBS), and water quality assessment tasks in the Big Canyon Watershed. Also, to transfer project savings from the Westcliff Streetlight Conversion account to the Newport Coast ASBS Water Quality Assessments account. Additional expenditure appropriations totaling $1,030,000 will be included in the FY 2011-12 CIP budget. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 255 3605 Environmental Contributions - Fund Balance $1,030,000.00 REVENUE ESTIMATES (3601) Fund/Division Account Description 255 482B Environmental Contrib - State Prop 84 ASBS Grant $2,500,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7255 Environmental Contributions Account Number C5002006 Newport Coast ASBS Water Quality Assessments Division Number 7255 Environmental Contributions Account Number C5002007 Newport Coast ASBS Runoff Reduction Program Division Number 7255 Environmental Contributions Account Number C5002008 Newport Coast ASBS Public Impact Reduction Division Number 7013 Street Account Number C2202000 Streetlight Conversion Westcliff Division Number 7014 Misc & Studies Account Number C5002006 Newport Coast ASBS Water Quality Assessments Signed: Signed: Signed: Financial Ap no al: Administrative Services Director Approval: City Manager City Council Approval: City Clerk $49,818.00 Automatic $563,000.00 $795,000.00 $112,000.00 $49,818.00 V •l •I Date '41q ul Date Date