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HomeMy WebLinkAbout20 -Sediment Testing to Support Future Maintenance Dredging within the Lower Bay Federal Channelso��EWP0 CITY OF z NEWPORT BEACH City Council Staff Report November 28, 2017 Agenda Item No. 20 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager, cmiller(a)-newportbeachca.gov PHONE: 949-644-3043 TITLE: Approval of Professional Services Agreement with Anchor QEA, LLC for Sediment Testing to Support Future Maintenance Dredging within the Lower Bay Federal Channels ABSTRACT: Over the past year staff has been actively working with the Federal Government, both at an agency and legislative level, to get the dredging needs of the harbor on the project/funding list. In order to help expedite the placement and prioritization of the needed dredging project within the Corps' work plan, staff recommends the City move forward with funding and management of this necessary sediment testing function to help incentivize and initiate the Corps' next step of designing and engineering a comprehensive dredge design plan. Additionally, funds used to undertake this sediment testing would be counted toward the City's required Federal funding match should we be successful in undertaking a Federal dredging project. The first step required by the regulatory permitting agencies to proceed with maintenance dredging is to complete comprehensive sediment testing so.as to determine the type and nature of material that is proposed to be dredged, which will then help determine which disposal and placement options are available. Public Works staff requests City Council approve a single source Professional Services Agreement with our on-call Marine Engineering Firm, Anchor QEA, LLC, to perform the Lower Bay sediment characterization, analyze the results, and seek final approval from the regulatory agencies. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; 20-1 Approval of Professional Services Agreement with Anchor QEA, LLC for Sediment Testing to Support Future Maintenance Dredging within the Lower Bay Federal Channels November 28, 2017 Page 2 b) Approve a Professional Services Agreement with Anchor QEA, LLC for Lower Bay sediment sampling services at a not -to -exceed fee of $422,200.00, award the Agreement pursuant to a single source justification, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 18BA-022 appropriating $202,305.00 from Tidelands Capital Fund unappropriated fund balance to Account No. 10101-980000- 18H07. FUNDING REQUIREMENTS: Upon approval of the Budget Amendment, there are sufficient funds for this contract. It will be expensed to the Capital Improvement Program, Account No. 10101-980000- 18H07. DISCUSSION: In Newport Harbor, the Corps is responsible for maintaining the federally authorized design depths in each of the navigational channels. (Note: The Corps is not responsible for the area along the perimeter of the harbor where residential slips and commercial marinas are located. These shoreline areas are covered by the City's Regional General Permit 54 which is not the subject of this report.) In some parts of the harbor, the channels are at or very near the original design depths, but the majority of the channels, as well as the anchorage area, are not and need to be dredged to improve both navigation and tidal flushing/bay water quality. The Corps' and City's last harbor wide dredging project in 2012 was successful, but because of financial constraints and limited sediment disposal opportunities, the project was reduced and a large amount of material was left and remains to be removed. Consequently, the City has been, and continues to be interested in pursuing a full dredging project to deepen the harbor to its original design depths, and in some areas, a bit deeper if possible. The Corps is currently collaborating with the City to fund this project in its 2019 budget year. However, in order to expedite the process given the timeline and the various budget milestones within the federal process, the City may want to commit to completing the necessary sediment characterization study that will therefore assist the Corps in designing and possibly funding a dredge and disposal plan for Newport Harbor. The proposed sediment characterization scope of work includes: 1. A technical evaluation and review of Newport Harbor that reviews existing bathymetric (harbor depth) surveys and historical testing data from previous dredging efforts. 2. Developing a Sampling and Analysis Plan (SAP) that details the strategic locations of the individual core samples, and then describes the chemical and biological characterization proposed for each composite sample, all of which are based on the City's long term dredging needs. 20-2 Approval of Professional Services Agreement with Anchor QEA, LLC for Sediment Testing to Support Future Maintenance Dredging within the Lower Bay Federal Channels November 28, 2017 Page 3 3. Implementing the SAP via field collection with specialized vessels, then chemical and biological laboratory analysis. (This task accounts for a significant portion of the proposed costs, yet also reflects significant volume discounts by those third party laboratories). 4. Development of a final report to be reviewed and approved by the regulatory agencies. 5. Focused and limited exploratory sampling at strategic locations where the sediment is suspected of being unsuitable for open -ocean disposal, and/or where the City would ultimately desire deeper channels beyond the federal design depths. This information will assist the City in identifying the extent of unsuitable material so that an alternate dredge disposal solution can be considered later. The data gathered during this required sediment characterization process will assist the City and Corps in assessing the means and methods to dredge and dispose the harbor's sediment to the depth proposed by the City. This is the first crucial step in any dredging project (large or small). Concurrent with the sediment characterization process, staff will continue to coordinate with the Corps to ensure the project planning stays on track. In addition, staff will advocate with the legislative representatives to secure the needed funds so that ultimately the project becomes a reality within the Corps' dredging work plan. Public Works staff is requesting that the City Council award this agreement to Anchor QEA based on a recent RFP selection process for Marine related Engineering Services in which Anchor QEA was awarded an On -Call Contract with the City. Anchor QEA specializes in marine -related projects with a local emphasis on comprehensive dredging projects both large and small. They have previously assisted the City with various iterations of the current Regional General Permit 54 program including sediment testing, permitting negotiations and the approval of the City's unique eelgrass impact program. They have also been strategizing with the City on various conceptual approaches to dredging in Newport Harbor with the understanding that some areas will be unsuitable for open -ocean disposal. Their experience in the Southern California region is extensive, especially with material that has varying degrees of disposal suitability. Anchor QEA was chosen for this project because of their previous sediment testing knowledge for this same program in 2013, their intimate familiarity of the permit details and nuances that will be negotiated during the entitlement process, and their ability to immediately react to coincide with the federal budget milestones quickly approaching this spring. The proposed scope of work will have a not -to -exceed fee of $422,200.00. Anchor QEA fees, hours and rates are reasonable and competitive. 20-3 Approval of Professional Services Agreement with Anchor QEA, LLC for Sediment Testing to Support Future Maintenance Dredging within the Lower Bay Federal Channels November 28, 2017 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Professional Services Agreement Attachment B — Budget Amendment 20-4 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LLC FOR DREDGED MATERIAL CHARACTERIZATION FOR LOWER NEWPORT BAY FEDERAL CHANNELS THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 28th day of November, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANCHOR QEA, LLC, a Washington limited liability company ("Consultant'), whose address is 27201 Puerta Real, Suite 350, Mission Viejo, California 92691, 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 desires to engage Consultant to perform a dredged material characterization of sediments within the Lower Newport Bay ("LNB") federal channels to support maintenance dredging operations ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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 Effective Date, and shall terminate on June 30, 2020, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 20-5 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by 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 Four Hundred Forty Thousand Two Hundred Dollars and 00/100 ($440,200.00), 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) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Anchor QEA, LLC Page 2 20-6 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 Steve Cappellino 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. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 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 and with the ordinary degree of skill and care that would be used by other reasonably Anchor QEA, LLC Page 3 20-7 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this (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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' 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. Anchor QEA, LLC Page 4 9: 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. No civil service status or other right of employment shall accrue to Consultant or its employees. 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 of the Work 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 informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement 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. 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 Anchor QEA, LLC Page 5 20-9 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 co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information 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. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the Anchor QEA, LLC Page 6 20-10 modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate Anchor QEA, LLC Page 7 20-11 records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 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. 23. 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 Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. Anchor QEA, LLC Page 8 20-12 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, 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. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Cappellino Anchor QEA, LLC 27201 Puerta Real, Suite 350 Mission Viejo, CA 92691 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and Anchor QEA, LLC Page 9 20-13 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 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. Anchor QEA, LLC Page 10 20-14 30.4 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. 30.5 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. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 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. 30.8 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. 30.9 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, State of California. 30.10 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Anchor QEA, LLC Page 11 20-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: 111 1t.l j -j Date: By: By: Aa F6n C. arp '�kkLA %ALVtj-- Kevin Muldoon City Attorney Mayor ATTEST: CONSULTANT: Anchor QEA, LLC, a Date: Washington limited liability company Date: By: By: Leilani I. Brown Steve Cappellino City Clerk Member Date: By: John Verduin Member [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Anchor QEA, LLC Page 12 20-16 EXHIBIT SCOPE OF SERVICES Anchor QEA, LLC Page A-1 20-17 27201 Puerta Reai, Suite 350 I ANCHOR Mission Viejo, California 92691 / QA 949.3.47.2780 ��jj October 31, 2017 Chris Miller City of Newport Beach Harbor Resources 100 Civic Center Drive Newport Beach, California 92660 Re: Revised Scope of Work and Cost Estimate to Perform Dredged Material Characterization for Lower Newport Bay Federal Channels Dear Mr. Miller, Anchor QEA, LLC, is pleased to present this revised scope of work and cost estimate to perform a dredged material characterization of sediments within the Lower Newport Bay (LNB) federal channels to support maintenance dredging. The overall intent of this program is to dredge the harbor to current federal authorized design depths (design depths), and potentially deeper in some areas to facilitate long-term planning of harbor -wide dredging. This scope of work and cost estimate includes a technical evaluation that reviews existing bathymetric and historical testing data, an example sampling program that was developed based on this data review to meet the Dredged Material Management Team's (DMMT's) approval needs, and estimated costs to develop the Sampling and Analysis Plan (SAP), implement sampling and analysis based on dredging the harborto depths (a separate task is provided to conduct select sampling below the design depths for long-term planning), and develop a Sampling and Analysis Report that will meet the DMMT's approval. The technical analysis and scope of work presented herein is a stepwise approach that will allow for (1) subsequent review of disposal locations and options, and (2) ultimately, an assessment of means and methods that would be most effective to dredge and dispose the sediment. Estimated construction costs are not included as part of this document and will be provided once final disposal locations have been determined based on the results of sampling and analysis. The goal of this project is to deliver to the U.S. Army Corps of Engineers (USACE) a complete dredge and disposal plan for restoring design depths to all LNB federal channels. This dredge and disposal plan will lay out a strategy for dredging (spatial extent, depths, and quantities) and disposal for the material. This information would then be able to form the basis of a funding request for implementing the program. Introduction and Overall Approach The LNB federal channels were last dredged between May 2012 and January 2013, at which time dredging to depths of -10 to -17 feet mean lower low water (MLLW) was performed throughout large areas of LNB. Approximately 1.3 million cubic yards (racy) of sediment were identified for potential removal from LNB, with approximately 1 mcy determined suitable for open -ocean disposal at the LA -3 disposal site and 300,000 cubic yards (cy) required to be confined either inside an in - water fill site or at an upland disposal facility. The areas found suitable for ocean disposal included 20-18 October 31, 2017 Page 2 portions of Main Channel, Main Channel North, West Lido Area B, Upper Channel and adjacent subareas, Balboa Channel, Bay Isle areas (to -11 feet MLLW; formerly called Yacht Anchorage areas), and the area east of Bay Isle. Unsuitable areas included small portions of middle Main Channel North 1 and 2, Newport Channel, West Lido area A and Balboa Channel. The USACE conducts harborwide bathymetric surveys every year and provides the results to the City of Newport Beach (City) for their records. USACE bathymetric surveys in 2016 and 2017 have indicated that dredging is again needed to increase the water depths within the LNB federal channels and improve safe navigation. A dredged material characterization program is needed that not only considers the areas requiring dredging but also maximizes the volume of dredged material likely to be found suitable for disposal at LA -3. Prior to the design of a successful dredged material characterization program, it was first necessary to carefully review recently collected bathymetry relative to authorized design depths to determine the LNB subareas most in need of dredging. It was also necessary to review the 2009 dredged material characterization data relative to recent bathymetric survey results to determine the most cost-effective sampling design that would maximize the volume of material likely to be found suitable for ocean disposal. As part of this evaluation, it was assumed that dredging to authorized design depths would be adequate and appropriate in most LNB subareas. However, an alternate approach is needed for LNB subareas in which the DMMT precluded LA -3 disposal due to marginal sediment mercury contamination. For these targeted subareas, the data was further reviewed to determine whether dredging into the native underlying material within LNB would increase the likelihood of suitability for ocean disposal and ensure a clean surface after dredging. In the following section, we describe the results of the technical evaluation in which existing LNB mudline elevations were evaluated to determine areas in which dredging is most needed, and then historical dredged material characterization data was reviewed for each LNB subarea requiring dredging. A proposed dredged material characterization program is then briefly described that considers the likelihood of ocean disposal suitability for each LNB subarea. Technical Evaluation Anchor QEA conducted a technical evaluation to assess the current need for dredging in various areas of LNB and then reviewed historical dredged material characterization results for the corresponding subareas of LNB currently needing dredging. The first step in this evaluation was to compare the 2017 USACE harbor -wide bathymetry relative to the authorized design depths to determine what subareas of LNB may require dredging to achieve full design depths (Figure 1). As shown in Figure 1, areas where depths are shallower than design depths by 0 to 2 feet, 2 to 3 feet, 3 to 4 feet, and greater than 4 feet are shown on the map in yellow, orange, dark orange, and red, respectively. The subareas that require the most dredging to achieve authorized design depths include the Entrance Channel, much of the Main Channel, west of Bay Isle, Newport Channel, and the Turning Basin. The volume associated with this dredging effort is shown in Table 1. 20-19 Mala Channel North 1.20 Mahn panni North 2 -20 West tido Area B -10 Bay Isle Middle Esst-15 - 9a f c..• M ddle West -15 - W liie5nuth t5 - Main Channel Njrth I io m*{ Channel Norv� , -20 Balboa channrl 10 Main Channel South -10 Mahn Channel North 5 -20 DiHonnce batt n Exle11097 13atAlmatry (Ba-) and AuW"tmd Dayth ICo nParl on t,�orr color Al or Above r-Im1p Batlry 0.00.1.0 - 1.010-2A -2.0to-9n -"10 -4.0 -4A to -5.0 ■ -5.0< 0 0 1,400 .Sala n Feat AERIAL SOURCE: "Maps 2016 �. SURVEY SOURCE: U_S_ AmV Corso o( Erginaan eurvey dead 10 2017- Dredpe depths and boumaras front WS. Almy Corsa of Fspineem. HORIZONTAL DATUM: Calami, k f sate plane. Zm 6. HAD63. U.S. Feet � VERTICAL DATUM: Mean Leaef LwrlMa6er g WLLW) MEN 3 = ANCHOR Figure 1 Q A Comparison of 2017 Harborwide Bathymetric Survey to Authorized Design Depths City of Newport Beach Dredging Options 20-20 October 31, 2017 Page 4 Table 1 Summary of Harbor Locations, Sampling Approach, and Estimated Dredge Volume Harbor Location and Authorized Design Depth Number of Proposed Sample Stations Estimated Design Volumes' Additional 2 Feet Contingency Volume (cy)3 Total Dredge Volume (cy) Volume Above Dredge Design Elevation (cy) 2 Feet Overdredge Volume (cy)2 Total Design Volume (cy) Ocean Disposal Testing Main Channel 1 North -20 4 36,000 27,000 63,000 27,000 90,000 Main Channel 2 North -20 4 33,000 23,000 56,000 23,000 79,000 Main Channel 3 North -20 4 44,000 45,000 89,000 - 89,000 Main Channel 4 North -20 4 24,000 29,000 53,000 - 53,000 Main Channel 5 North -20 4 30,000 42,000 72,000 - 72,000 Bay Isle North -15 5 83,000 58,000 141,000 - 141,000 Bay Isle Middle E -15 4 41,000 25,000 66,000 25,000 91,000 Bay Isle Middle W -15 4 41,000 26,000 67,000 26,000 93,000 Bay Isle South -15 4 49,000 30,000 79,000 - 79,000 Entrance Channel -20 4 37,000 21,000 58,000 - 58,000 Turning Basin -20 5 38,000 87,000 125,000 - 125,000 West Lido Area B -104 - - - - - Upper Channel -104 - - - - - - Bay Isle -104 - - - - - - 20-21 October 31, 2017 Page 5 Harbor Location and Authorized Design Depth Number of Proposed Sample Stations Estimated Design Volumes' Additional 2 Feet Contingency Volume (cy)3 Total Dredge Volume (cy) Volume Above Dredge Design Elevation (cy) 2 Feet Overdredge Volume (Cy)2 Total Design Volume (cy) Main Channel South -104 - - - - - - North Anchorage -104 - - - - - Total Proposed Open Ocean Disposal Testing Volume 456,000 413,000 869,000 101,000 970,000 Potential Alternate Disposal Evaluation (Not Included in This Scope of Work) West Lido -10 - 2,000 22,000 24,000 - 24,000 Newport Channel -15 - 164,000 88,000 252,000 - 252,000 Balboa Channel -10 - 5,000 13,000 18,000 - 18,000 Total Potential Alternate Disposal Volume 171,000 123,000 294,000 - 294,000 Dredging Program Summary Total Dredge Program Volume 627,000 536,000 1,163,000 101,000 1,264,000 Notes: 1. Dredge depths, boundaries, and pre -dredge bathymetry based on the June 2017 survey conducted by the USACE (see Figure 1). The estimated design volumes presented in this table will be confirmed during the generation of the SAP. 2. An overdredge is typically provided to the contractor due to equipment tolerances and typically takes the form of 1 foot paid, and 1 foot non -paid overdredge. 3. The sampling approach for these areas will include sampling 4 feet below design depth, including an additional 2 feet below the design depth which may be required to facilitate ocean open disposal (through dilution), and 2 feet of overdredge. 4. The dredge volume in these harbor locations are limited (less than 1,500 cy), and has been ignored from the total dredge volume. -: not applicable cy: cubic yard USACE: U.S. Army Corps of Engineers 20-22 October 31, 2017 Page 6 Anchor QEA reviewed the previously conducted dredged material characterization results pertaining to those LNB subareas currently requiring dredging to achieve target design depths. Specifically, the dredged material characterization report prepared by Newfields in 20091 evaluated sediment from nine channels/waterways within LNB for their suitability for disposal at the LA -3 disposal site as part of a maintenance dredging program. The nine channels/waterways included those portions of federal waterways beyond the pierhead lines that were above design depths (excluding West Lido and Newport Channels); West Lido and Newport Channels were not evaluated by Newfields in 2009 due to elevated sediment contamination in these areas; however, a portion of these areas was dredged and disposed of at the Port of Long Beach Middle Harbor Fill Site. The LNB material under consideration for ocean disposal at the LA -3 disposal site was evaluated using the criteria outlined in the Evaluation for Dredged Material Proposed for Ocean Disposal — Testing Manual (OTM)I. The DMMT found that most sediments from LNB subareas were suitable for ocean disposal except those representing a portion of Main Channel North 2 (formerly called Lido Isle Reach North), Bay Isle Middle depths below -10 ft MLLW (formerly called Yacht Anchorage Middle), and small portions of the Balboa Channel (formerly called Balboa Island Channel). Mercury concentrations within some of the cores located in these subareas areas were elevated above the screening threshold concentration of 1.62 milligrams per kilogram and, due to uncertainty associated with the toxicity and bioaccumulation of mercury elevated in sediment, the DMMT found these subareas unsuitable for ocean disposal (Newfields 2009). The 2009 LNB subareas found to be suitable for ocean disposal by the DMMT, and that currently require dredging to maintain safe navigational depths correspond to the Main Channel North 3, 4, and 5 and Bay Isle North and South in Figure 1 and Table 1. The Turning Basin, although not sampled as part of the Newfields program in 2009, is also expected to be suitable for ocean disposal based on the most recent Regional General Permit (RGP) 54 data from two samples in this area which indicate low contamination and suitability for ocean disposal. Similarly, due to its proximity to Main Channel areas expected to be suitable for ocean disposal, the Entrance Channel sediments are also likely to be found suitable, although no data were collected in this area by Newfields in 2009. The LNB subareas that were not found suitable by the DMMT in 2009 (i.e., a portion of Main Channel North 1 and 2, Bay Isle Middle East and West [to depths below -10 ft MLLW], and isolated portions of Balboa Channel) and that currently require dredging to achieve design depths are shown in Figure 1. Proposed Dredged Material Characterization Program In the following section, we describe the specific tasks needed to implement the proposed dredged material characterization program that maximizes the volume of dredged material likely to be found suitable for disposal at LA -3. A description and estimated costs associated with developing a SAP ' Newfields, 2009. Dredged Material Evaluation of Lower Newport Bay, Newport Beach, California. Prepared for the City of Newport Beach, November 2009. ' USEPA/USACE (U.S. Environmental Protection Agency/U.S. Army Corps of Engineers), 1991. Evaluation of Dredged Material Proposed for Ocean Disposal — Testing Manual. USEPA 503/8-91/001. USEPA Office of Water (4504F). 20-23 October 31, 2017 Page 7 (including vetting this through the DMMT process) and implementation of sampling, analysis, and reporting are provided. As described above, it is assumed that for all areas where previous data suggest material will be ocean suitable, core collection to the design depth plus 2 feet for overdredging will be needed. For areas where material was previously not found ocean suitable, core collection will be needed to 2 feet below the design depth (plus 2 feet for overdredging) to sample into the non -contaminated, native layer and increase the likelihood of ocean suitability and a clean surface post -dredging. Finally, in order to facilitate long-term harbor planning, the City has requested additional coring below the design depths. This exploratory sampling has been broken into a separate task (Task 5). Although Newport Channel and portions of Balboa Channel and West Lido are currently above design depths, these subareas were not considered as part of this ocean disposal suitability testing program due to the likelihood for elevated mercury and toxicity, based on previous studies (Newfields 2009). Nonetheless, the degree of contamination remaining is unclear because some contaminated material in this area was removed in 2012; therefore, it would be appropriate to further evaluate this area as part of the exploratory sampling discussed in Task 5. Task 1— Develop Sampling and Analysis Plan and Dredged Material Management Team Process Anchor QEA will develop a SAP for the City that details the sampling and analysis strategy for federal channel areas proposed for ocean disposal, as summarized in Table 1. The SAP will be prepared in accordance with the OTM and the Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. — Inland Testing Manual (ITM)3. The SAP will include procedures for sediment sample collection, sample handling, physical and chemical analyses, biological testing, quality assurance/quality control (QA/QC), and data analysis. A project map will be included with sampling locations and dredge units. Prior to conducting field sampling activities, the SAP will first be presentenced to the USACE for concurrence, and then subsequently presented with the USACE to the entire DMMT for approval. Anchor QEA will represent the project at the DMMT meeting to obtain final concurrence. Assumptions are as follows: • Anchor QEA will develop a SAP and represent the City at the DMMT meeting. • Multiple rounds of revisions to the SAP may be necessary based on input from the City and the DMMT; however, additional DMMT meetings will likely not be required to obtain final concurrence. • The sampling program will be based on harbor areas proposed for ocean disposal (Table 1). • The sampling program will not include areas in which limited dredging (i.e., less than 2,000 cy) is required to achieve design depth. 3 USEPA/USACE, 1998. Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. — Testing Manual: Inland Testing Manual. USEPA-823-B-94-002. USEPA Office of Water (4305). 20-24 October 31, 2017 Page 8 • The core sampling program will not include areas previously shown to have significant sediment contamination and toxicity and will likely need alternative disposal options (i.e., Newport Channel and portions of West Lido and Balboa Channel); however, some of these areas could be further evaluated as part of the exploratory sampling described in Task 5 to better understand the degree and extent of remaining contamination. Task 2 — Sediment Sampling Estimated costs for sampling and analysis were developed for the sediment characterization program proposed herein (Table 1). Actual costs may vary based on input from the City, USACE, and DMMT on the testing strategy and overall sampling approach, including changes to sampling areas, locations, or volumes. Revised costs are divided into three tasks, including sediment sampling, laboratory analysis, and development of the Sampling and Analysis Report (SAR). Based on the proposed program, Anchor QEA will conduct sediment sampling at 46 stations within 11 dredge units (see Table 1). Dredge unit locations are shown in Figure 1. Sediment cores will be collected using an electric vibracore to the design depth plus 2 feet of overdepth, except Main Channel North 1 and 2 and Bay Isle Middle East and West, which will be sampled to 2 feet below the authorized design depths plus another 2 feet for overdepth. As previously described, sampling to this deeper depth will increase the likelihood of ocean suitability and ensure a clean surface post -dredging. Multiple cores may be required at each station to obtain a sufficient volume for analysis. Individual cores from each area will be combined to create composite samples for chemical analysis and biological testing. Sediment from each station and Zdayer (the 0.5 -foot interval below project depth plus overdepth) will be archived to further delineate the extent of contamination or characterize the new surface layer, if needed. Reference sediment will be collected from the LA -3 reference site and used for comparative purposes to determine suitability for ocean disposal. If the LNB federal channel sampling program is performed with RGP 54, additional reference sediment collection will not be required. Site water will be collected and used to create elutriate samples for bioassay testing. This task includes costs associated with mobilization and demobilization of equipment and use of sampling vessels. A Health and Safety Plan (HASP) has previously been developed for sediment sampling in Newport Bay; therefore, only minimal updates are anticipated. The HASP will be distributed to the project team for review and acknowledgement prior to sampling activities. Assumptions are as follows: • Vibracore sampling will be performed at 46 stations within 11 composite areas. • Two Anchor QEA personnel will spend 8 days in the field performing vibracore sampling. • Our subcontractor, Leviathan Environmental Services, will provide vibracore equipment and a sampling vessel. • The City will provide a location to dock the sampling vessel for the duration of the sampling program. • Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3 by using a pipe dredge. Reference material was collected in September 2017 as part of the City's RGP 54 20-25 October 31, 2017 Page 9 sediment sampling program; however, sediment holding times will expire prior to the Federal Channel sampling program. Task 3 — Laboratory Analysis Based on the proposed program, 11 composite samples and the LA -3 reference sample will be submitted for sediment chemistry and biological testing. In addition, it is anticipated that up to 20 discrete samples from individual stations or Z -layers may be submitted for analysis of mercury. All testing will be performed per OTM and ITM guidelines. Sediment and tissue chemistry will be performed by our subcontractor, Eurofins Calscience, Inc., and biological testing will be performed by our subcontractor, Nautilus Environmental. Sediment chemistry of composite and reference samples will include grain size, total organic carbon, total solids, metals, polycyclic aromatic hydrocarbons, polychlorinated biphenyl (PCB) congeners, organochlorine (OC) pesticides, organotins, and pyrethroids. Biological testing will include solid phase and suspended particulate phase bioassays, and bioaccumulation tests. Upon completion of bioaccumulation testing, tissue samples will be submitted for chemical analysis. The final analyte list for tissue samples will be established based on sediment chemistry results. Anchor QEA will negotiate a reduced analyte list with the appropriate regulatory agencies following the initial sediment testing. Based on previous LNB federal channel data from 2009 and RGP data from 2013, this cost estimate assumes that tissue chemistry will include lipids, mercury, PCBs, and OC pesticides; however, this is subject to DMMT approval. Anchor QEA will perform data validation to ensure sediment and tissue chemistry meets the project data quality objectives. Assumptions are as follows: • Costs are based on constituents typically analyzed for dredged material assessments within the region. • Eleven composite samples and reference sediment will be submitted for sediment chemistry and biological testing. • Up to 20 discrete samples from individual cores or Zdayer samples will be submitted for mercury analysis. • Up to 126 tissue samples will be submitted for lipids, mercury, PCBs, and OC pesticides; however, the reduced analyte list is subject to DMMT approval. • Samples will be archived at the chemistry laboratory for 6 months. Task 4 — Sampling and Analysis Report and Dredged Material Management Team Process Anchor QEA will prepare a SAR documenting all activities associated with collecting, processing, and analyzing sediment samples. The SAR will include chemical and biological results, statistical analyses, QA/QC summaries, and suitability assessments. Chemistry results will be compared to the reference sediment and appropriate sediment quality guidelines. Biological results will be compared to reference sediment and appropriate laboratory controls. A project map will be included with the actual sampling locations. Sediment core logs, chain -of -custody forms, laboratory reports, and data validation reports 20-26 October 31, 2017 Page 10 will be included as appendices. Anchor QEA will represent the project at the DMMT meeting to obtain final concurrence on dredged material suitability. Task 5 — Exploratory Sampling The proposed sampling described in Tasks 1-4 includes dredging to the federally authorized design depth (and in some cases deeper). Certain areas of the harbor, most notably the Main Channel South (-10) and the Upper Channel (-10), are currently at or very close to the authorized design depth, does not require dredging, and therefore not included as part of that sampling. As the City is interested in dredging deeper in certain areas of the harbor, Anchor QEA is proposing an exploratory sediment sampling program that will provide information to guide development of a dredge program to allow for deeper channels to key areas of the harbor. Sediment cores will be collected over a period of 2 days, targeting a total of 10 to 15 stations within the Federal Channels. Station locations will be selected based on the most recent bathymetric data and coordination with the City and County of Orange (County) regarding priority areas. The sediment cores will be collected using an electric vibracore deployed from a small vessel. The footprint will be coordinated directly with the City. Samples will be processed on the sampling vessel. Sediment from each core will be collected for grain size and chemical analyses. In addition, sediment from the z layer depth (the new sediment surface elevation after dredging) will be collected and archived for potential analysis. Sediment samples will be submitted to Eurofins Calscience, Inc. (ECI), for physical and chemical analyses. Physical and chemical analysis will include total solids (TS), total organic carbon (TOC), grain size, metals, organotins, chlorinated pesticides, and polychlorinated biphenyl (PCBs) congeners. Pyrethroids and polyaromatic hydrocarbons are part of the typical suite of analytes required by the DMMT for dredged material evaluations in the region; however, concentrations have historically been non -detect or measured at low concentrations and not a primary contaminant of concern in Newport Harbor. Additionally, these contaminants would not facilitate more informed decision making, and therefore will not be included in the exploratory sampling program. Z layer samples will be archived and not analyzed unless requested. Anchor QEA will perform data validation to ensure laboratory analyses meet the project data quality objectives. Once the lab results are received, Anchor QEA will develop a memorandum that summarizes the results of the exploratory sampling and analysis. The memorandum will include a summary of field sampling activities, potential disposal options, a project map with actual sampling locations, and sediment chemistry results. Chemistry results will be compared to appropriate sediment quality guidelines. Sediment logs and photographs, chain -of -custody forms, laboratory reports, and data validation reports will be included as appendices. Schedule and Implementation We will begin this scope of work immediately upon authorization to proceed from the City. The timing for when the SAP will be presented at the DMMT meeting will be dependent on the City's desire to commence with the work. The subsequent steps to ultimately dredge the harbor are 20-27 October 31, 2017 Page 11 consistent with the Dredging Management Objectives and Timelines previously provided and included as Attachment A. Per City approval, the next steps for implementing this program are as follows: • City to provide input on the sampling approach, including recommended harbor areas proposed for testing, sampling depths, and disposal alternatives • Anchor QEA to finalize sampling approach based on City's input and determine implications on estimated sediment characterization costs, if necessary Anchor QEA to meet with USACE navigation and environmental planning staff for concurrence with proposed approach • Anchor QEA to develop SAP and present at monthly DMMT meeting for approval • Anchor QEA to conduct sediment sampling and laboratory analysis • Anchor QEA to develop SAR and obtain DMMT concurrence on suitability recommendations • Anchor QEA to develop sediment management strategy for LNB dredging to restore navigation depths including location, extent, and management approach for each area • Anchor QEA to estimate implementation costs based on finalized disposal locations • Anchor QEA to work with USACE to develop a funding strategy for project implementation Summary of Costs We are requesting authorization to proceed with the scope of work as previously described, with a not -to -exceed cost of $422,200 (Table 2). We will perform these tasks on a time -and -materials basis, per our rate sheet (Attachment B). We will only bill for time and materials actually expended. Table 2 Estimated Costs Task Description Estimated Cost 1 Develop Sampling and Analysis Plan and Dredged Material Management Team Process $24,000 2 Sediment Sampling' $95,700 3 Laboratory Analysis' $217,700 4 Sampling and Analysis Report and Dredged Material Management Team Process' $32,200 5 Exploratory Sampling $52,600 Total $422,200 Note: 1. Costs pending final discussion with the City of Newport Beach on the proposed dredged material characterization program. 20-28 October 31, 2017 Page 12 If you have questions or need additional information about this scope of work, please do not hesitate to call us at (949) 347-2780. Sincerely, Steve Cappellino Adam Gale Principal Scientist Managing Planner 20-29 EXHIBIT B SCHEDULE OF BILLING RATES Anchor QEA, LLC Page B-1 20-30 Anchor QEA, LLC CLIENT BILLING RATES Professional Level Hourly Rates Principal................................................................................................................................................................................. $249 SeniorManager.................................................................................................................................................................. $222 Manager................................................................................................................................................................................ $207 SeniorStaff........................................................................................................................................................................... $184 Staff3..................................................................................................................................................................................... $162 Staff2..................................................................................................................................................................................... $145 Staff1..................................................................................................................................................................................... $122 Senior CAD' Designer ................... ... ........... .. $128 CADDesigner...................................................................................................................................................................... $107 Technician ........................ ... $ ............................................................................................................... ............................... 104 Technical Editor ................. .. $107 ProjectCoordinator.......................................................................................................................................................... 5103 Special Hourly Rates Nationalexpert consultant............................................................................................................................................ $412 All work by a testifying expert.................................................................................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling (Per hour). ......................................... ................................. ................ ...........................$10.00 Graphic Plots (varies with plot size).................................................................................................................... $3-$6/sf Mileage (per mile).................................................................................................................... Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/su bconsu Itants........................................................................................................................................10% Travel and other direct costs..........................................................................................................................................10% Fieldequipment and supplies.......................................................................................................................................10% CAD. Computer Aided Design 20-31 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's 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. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. 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, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. 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 Consultant arising out of or in connection with Work to be performed under this Anchor QEA, LLC Page C-1 20-32 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. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: Anchor QEA, LLC Page C-2 20-33 A. 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. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. 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. F. 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. Anchor QEA, LLC Page C-3 20-34 G. 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 Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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. Anchor QEA, LLC Page C-4 20-35 ATTACHMENT C City of Newport Beach BUDGET AMENDMENT 2017-18 EFFECT ON BUDGETARY FUND BALANCE: Incr4,as . Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues 7( from unappropriated fund balance EXPLANATION: NO. BA- 18BA-022 AMOUNT:j $202,305.00 This budget amendment is requested to provide for the following: To increase expend iturp a ppr,) p ri a*ons from the Tidelands Capital Fund unaprodated fund balm}ca for sediment testin , to support future maintenance dredging within the Lower Bay Federal Channels. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund O;.xed Description 101 300000 Tideland Capital Fund Balance REVENUE ESTIMATES (}l Lbl Description EXPENDITURE APPROPRIATIONS Amount _ Debit Credit $202,305.00 Description Org/Object 10101-980000-18H07 Tideland Capital - CIP - Harbor Dredging/Planning $202,305.00 E -18H07 -Design -101 -Unassigned _ * Automatic System Entry. YS a Financial Approval: Finance. Director % Date Signed: Administ ive Approval: City Mana . r Date Signed: City Council Approval: City Clerk Dale 20-36 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance ONE-TIME? Ffl vcr N rj This budget amendment is requested to provide for the following: To increase expend iturp a ppr,) p ri a*ons from the Tidelands Capital Fund unaprodated fund balm}ca for sediment testin , to support future maintenance dredging within the Lower Bay Federal Channels. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund O;.xed Description 101 300000 Tideland Capital Fund Balance REVENUE ESTIMATES (}l Lbl Description EXPENDITURE APPROPRIATIONS Amount _ Debit Credit $202,305.00 Description Org/Object 10101-980000-18H07 Tideland Capital - CIP - Harbor Dredging/Planning $202,305.00 E -18H07 -Design -101 -Unassigned _ * Automatic System Entry. YS a Financial Approval: Finance. Director % Date Signed: Administ ive Approval: City Mana . r Date Signed: City Council Approval: City Clerk Dale 20-36