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Home My WebLink About09 - Newport Coast Groundwater Seepage StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 March 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3311 or rstein @city.newport - beach.ca.us SUBJECT: NEWPORT COAST GROUNDWATER SEEPAGE STUDY — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Todd Engineers of Emeryville, California for groundwater sampling and analysis services. DISCUSSION: Todd Engineers was hired last year to do a preliminary investigation on sources of groundwater that have been observed exfiltrating in Buck Gully, along Coast Highway from Corona del Mar to Newport Coast Road, and in Crystal Cove State Park. The original scope of professional services included studying the source and setting of the groundwater seepage, estimating quantity, and documenting the quantity with conventional documentation as well as state -of- the -art isotopic fingerprinting to differentiate seepage sources. In working with the Regional Water Quality Control Board (Board) to further define the scope of the work, the Board placed additional requirements including preparation of a Quality Assurance Project Plan (QAPP) for the groundwater seepage work even though a QAPP is usually only required for surface flow monitoring. Additionally, the Board requested that nitrates, phosphate, isotopes of oxygen and nitrogen, and other analytes be sampled and analyzed. The additional cost for these tasks is $17,500. Todd Engineers' proposal is included as Attachment 2. Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Newport Coast Groundwater Seepage Study —Amendment No. Ito Professional Services Agreement with Todd Engineers March 28, 2006 Page 2 Funding Availability: This year's Capital Improvements Program budget includes a project for Newport Coast Groundwater Source Identification. There are sufficient funds available in the following account for the project: Account Description Account Number Amount General Fund 7012- C5100610 $17,500 are Submitted by: Bob Stein, P.E. C ---S-tephen adum Principal Engineer PublirrWorks Director Attachments: 1. Amendment No. 1 to the Professional Services Agreement 2. Proposal by Todd Engineers dated March 9, 2006 FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS, INC. FOR NEWPORT COAST GROUNDWATER SEEPAGE STUDY THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and TODD ENGINEERS, INC., a California corporation, whose principal place of business is 2200 Powell Street, Suite 225, Emeryville, California, 94608, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On March 8, 2005, City and Consultant entered into a Professional Services Agreement (hereinafter referred to as "Agreement") under which Consultant was hired to provide groundwater and pollution monitoring services for the Newport Coast Groundwater Seepage Study, hereinafter referred to as the "Project." The original scope of professional services included studying the source of the groundwater seepage, and documenting the quality and quantity of the seepage. B. In working with the Regional Water Quality Control Board (Water Quality Board) on the groundwater seepage project, the Board place additional requirements on the City, including preparation of a Quality Assurance Project Plan (QAPP). Additionally, the Board requested that nitrates, phosphate, isotopes of oxygen and nitrogen, and other analytes be sampled and analyzed. C. City desires to enter into this Amendment No. 1 to pay Consultant for performing these additional services, which were not included in the original Agreement. City also desires to extend the term of the Agreement to December 30, 2006. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1," as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for the services detailed in the 'Request for Change Order: Newport Coast Groundwater Seepage Study," attached hereto as "Exhibit A" and incorporated in full by this reference. 2. Total additional compensation to Consultant pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Seventeen Thousand and Five Hundred Dollars ($17,500.00). The term of the Agreement shall be extended to December 30, 2006. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: c_ ff'n�' Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: CITY OF NEWPORT BEACH, A Municipal Corporation e39 Don Webb, Mayor for the City of Newport Beach TODD ENGINEERS, INC. By:_ Title: (Corporate Officer) Print Name: By'— (Financial Officer) Title: Print Name: Exhibit A — Letter from Iris Priestaf, President of Todd Engineers, to Robert Stein, dated March 9, 2006 f. \users \pbw\shared\agreements\fy 05- 06\todd- groundwater seepage study -amend 1.doc 2 G. EXHIBIT A TODD ENGINEERS 2200 Powell Street Suite 225 Emeryville, CA 94608 (510) 595 -2120 March 9, 2006 Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Request for Change Order, Newport Coast Groundwater Seepage Study Dear Mr. Stein, We respectfully request your consideration in increasing the budget for the Groundwater Seepage Study by $17,500 to cover unanticipated work as summarized below. 1) Preparation and revision of the QA-PP in response to RWQCB comments. 2) Additional sampling and analysis requested by the RWQCB. Hours Dollars Priestaf 6 $940 Motzer 40 $6,000 Gaites 8 $560 Analytical Lab $561 $7,500 Thank you for your consideration. Please do not hesitate to call if you have questions or comments. Sincerely yours, TODD ENGINEERS Iris Priestaf, President i Hours Dollars Priestaf 4.25 $660 Motzer 27 $4,050 Abbott 27 $3,780 Gaites 13 $910 Boutefeu 8 $600 $10,000 2) Additional sampling and analysis requested by the RWQCB. Hours Dollars Priestaf 6 $940 Motzer 40 $6,000 Gaites 8 $560 Analytical Lab $561 $7,500 Thank you for your consideration. Please do not hesitate to call if you have questions or comments. Sincerely yours, TODD ENGINEERS Iris Priestaf, President i