HomeMy WebLinkAbout22 - Planning/Engineering Design and Support for Lower Newport Harbor Federal Channel Maintenance Dredging ProgramTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
November 27, 2018
Agenda Item No. 22
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Chris Miller, Administrative Manager, cmiller@newportbeachca.gov
949-644-3043
TITLE: Approval of Professional Services Agreement with Anchor QEA, LLC
for Planning/Engineering Design and Support for Lower Newport
Harbor Federal Channel Maintenance Dredging Program
ABSTRACT:
Over the past three years, staff has been actively working with the Federal Government,
both at an agency and legislative level, to designate the Lower Bay dredging project as a
current, federally funded project. In August 2018, the Los Angeles District Army Corps of
Engineers (Corps) funded the first $150,000 of approximately $23 million effort, thereby
officially designating the project as "active" in the federal system - a significant milestone
for procuring future federal funding.
In order to rigorously compete for limited federal funds in the upcoming federal budget
cycles, the City greatly increases its requesting position by having a shovel -ready project
(plans and permits completed), providing confidence to the legislature that any
appropriated funding dollars can be immediately spent. Unfortunately, due to limited
resources and financing, the Corps is unable to design, permit and environmentally
review the City's project within the timeframe the City desires. Therefore, and in an effort
to keep this project moving forward, the City is proposing to complete all of the necessary
pre -project tasks, including those normally handled by the Corps, so the project can be
shovel -ready by the end of 2019.
Public Works staff requests City Council approve a Professional Services Agreement with
one of our current on-call Marine Engineering firms, Anchor QEA, LLC to perform all of
the tasks, concurrently, within a relatively short timeframe, to provide assurance to the
legislature that Newport Harbor is ready to begin its project. The total cost for this work is
estimated to be $777,000 and funding is available in the Tidelands Capital Fund.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
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Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/
Engineering Design and Support for Lower Newport Harbor Federal Channel
Maintenance Dredging Program
November 27, 2018
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b) Approve a Professional Services Agreement with Anchor QEA, LLC for pre -project
Planning/Engineering Design and Support for the Federal Lower Newport Harbor
Channel Maintenance Dredging Project at a not -to -exceed fee of $777,000.00, and
authorize the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 19BA-023 transferring $300,000 from Account
10101-980000-191-113 (Harbor Port Plan) to Account No. 10101-980000-18H07 and
appropriating $377,000 from the unappropriated Tidelands Capital Fund, working
capital to Account No. 10101-980000-18H07 for Harbor Wide Dredging/Planning.
FUNDING REQUIREMENTS:
This project requests a budget amendment transferring $300,000 of appropriations from
the cancelled Harbor Port Plan to Harbor Wide Dredging/Planning project and $377,000
from Tidelands Capital Fund, working capital. Upon approval of the proposed Budget
Amendment, and $100,000 of current appropriation in the Tidelands Capital Fund,
sufficient funding is available in the current Capital Improvement Program budget for the
award of this contract. The following funds will be expensed:
Account Description Account Number Amount
Tidelands Capital 10101-980000-18H07 $ 777,000
DISCUSSION:
In Newport Harbor, the Corps is responsible for maintaining the federally authorized
design depths in each of the navigational channels, collectively referred to as the Lower
Bay Dredging Project. The Corps would typically be responsible for all of the pre -project
tasks including design, permitting and environmental review (National Environmental
Policy Act (NEPA)) for all of the sediment that is suitable for ocean disposal or beach
nourishment. However, the Corps would not be responsible for funding the design,
permitting, management and construction of any material that is deemed unsuitable for
ocean disposal or beach nourishment — the City is responsible for paying these costs.
The City desires to pursue a federally funded dredging project as soon as possible, and
to achieve this goal, the City has already expended significant effort and resources in
testing and characterizing the harbor's sediment along with intense local and federal
lobbying efforts for the past three years. The City has requested assistance from our
local Congressman and Senators for the project to be funded within the current 2019
Corps "Work Plan", and if necessary, funded in the federal fiscal year 2020 budget
(beginning October 2019), and if necessary, funded within the Corps 2020 Work Plan,
and so on.
Therefore, in order to expedite project planning, design and permitting to shovel -ready
status and take advantage of the ongoing annual funding mechanisms, staff recommends
the City proactively complete all of the pre -project tasks including those traditionally
completed by the Corps. Specifically, staff recommends the City complete the tasks as
outlined below and within the attached scope of work.
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Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/
Engineering Design and Support for Lower Newport Harbor Federal Channel
Maintenance Dredging Program
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This will ensure the highest probability of securing federal funding within the most
condensed timeframe given the current administration's focus on infrastructure spending
as well as the pre -determined shelf life of the City's already completed sediment
characterization efforts. Anchor QEA proposes that the following tasks be completed
concurrently in order to meet the condensed timeframe for a shovel -ready project by
December 2019. Each task is briefly described below.
Task 1: Ecological Risk Assessment
Task 2: Newport Channel Sediment Sampling Program
Task 3: Federal Channel Design Support
Task 4: Confined Aquatic Disposal Planning and Design
Task 5: Corps Environmental Assessment and Regulatory Permitting
Task 6: City Environmental Document and Regulatory Permitting
Task 1: Ecological Risk Assessment
The biggest goal of the City's current sediment characterization study is to demonstrate
that all, or the majority of the harbor's material is suitable for ocean disposal. This is
especially important because, as mentioned above, the City is responsible for managing
the unsuitable sediment while the Corps is responsible for managing the suitable
sediment. In other words, for every cubic yard approved for open -ocean placement, the
City will have one less cubic yard to manage on its own. (Note: Not all of the unsuitable
material would qualify for ocean disposal. Some material will still require special
management as described in Task 4 below.)
Fortunately, none of the above mentioned material has proven toxic during the testing
phase, but the concentration limits of some testing areas is fractionally higher than what
is required for automatic approval by the regulatory agencies. The goal of Task 1 is to
further analyze the sediment characterization results and hopefully prove that a significant
amount, if not all of the sediment is suitable for the ocean environment.
Task 2: Newport Channel Sediment Sampling Program
Newport Channel is the narrow channel that runs from the eastern tip of Lido Isle at Via
Lido Soud and runs past Marina Park to the Rhine Channel entrance. This channel was
previously not sampled earlier this year as past testing has indicated this material would
be unsuitable for ocean disposal, and therefore not worth two days of sediment sampling
and weeks of analysis to prove what was already known. However, as a precautionary
measure last winter to verify these assumptions, two sediment cores from this channel
were sampled for a cursory analysis and review. Interestingly, the samples proved
hopeful that a significant portion of the channel might be deemed suitable for ocean
disposal. Therefore, staff is proposing this channel be thoroughly tested which could
therefore potentially re -characterize the material from unsuitable (City responsibility) to
suitable (Corps responsibility).
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Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/
Engineering Design and Support for Lower Newport Harbor Federal Channel
Maintenance Dredging Program
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Task 3: Federal Channel Design Support
This task involves design, engineering and development of plans and specifications for
dredging the federal channels. This task would normally be the Corps' responsibility, but
unfortunately, the Corps neither has the budget nor the resources to complete this task
within the City's timeframe and funding windows next year. The City will work closely with
the Corps during the design process, and the Corps will have final input and approval of
the plans for their project.
Task 4: Confined Aquatic Disposal Planning and Design
This task involves management and disposal of the previously mentioned unsuitable
material. This is the challenge for many dredge projects, particularly in areas such as
Southern California where alternate disposal sites for unsuitable material are virtually
non-existent. Several alternatives for material disposal are potentially feasible including
on-site sediment management facilities (cement stabilization or sand separation
techniques), future port fill, or as a last resort, upland disposal. However, each of these
methods has significant drawbacks which render them inappropriate for Newport Harbor
at this time.
Another alternative, a Confined Aquatic Disposal (CAD) site, is a fairly simple and
straightforward approach to managing unsuitable material in the water. It involves
dredging a hole at a strategic location in the harbor, then placing the unsuitable sediment
into that hole, then capping it with a layer of clean sediment for encapsulation. This is a
common method for sediment management, and has been used at three locations in
Southern California and many others along the east coast. Because the regulatory
agencies recognize that there are limited disposal options available to the region's
harbors, a CAD site is the most feasible and accepted.
Task 4 involves planning for and designing a CAD site within Newport Harbor. Recall that
Task 1 involves reducing, but probably not totally eliminating, the quantity of unsuitable
material which requires management. This task includes a geotechnical investigation,
CAD engineering design and a chemical confinement analysis which models the outside
forces placed up on the CAD while still confining the material.
Task 5: Corps Environmental Assessment and Regulatory Permitting
This task involves completing the environmental review (NEPA) and permitting for the
federal channel dredging portion of the project. This task would normally be the Corps'
responsibility, but unfortunately, the Corps neither has the budget nor the resources to
complete this task within the City's timeframe and funding windows. The City will work
closely with the Corps during the design process, and the Corps will have final input and
approval for their project.
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Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/
Engineering Design and Support for Lower Newport Harbor Federal Channel
Maintenance Dredging Program
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Task 6: City Environmental Document and Regulatory Permitting
This task involves California Environmental Quality Act (CEQA) document preparation for
the CAD site mentioned in Task 4. It also includes securing the regulatory permits for the
CAD site — a separate yet related component of the overall federal channel dredging
project.
Selection Process
Public Works staff requests the City Council award this agreement to Anchor QEA based
on a recent RFP selection process for Marine Engineering services in which Anchor QEA
was one of three firms 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 assisted the City with the Lower Bay pre -project planning for the
past two years including full sediment characterization as well as strategizing with City
and local Corps staff on various conceptual approaches to dredging Newport Harbor with
the understanding that some areas of the harbor will be unsuitable for open -ocean
disposal. Their experience in the Southern California region and nationwide is extensive,
especially with material that has varying degrees of disposal suitability.
Anchor QEA is recommended for this project because of their previous sediment testing
expertise both with the Lower Bay sediment and the Regional General Permit near -shore
dredging program, their intimate familiarity of the permit details and nuances that will be
negotiated during the entitlement process, and their ability to immediately begin work
without any initial ramp -up in order to meet the City's condensed timeline.
The proposed scope of work will have a not -to -exceed fee of $777,000.00. Anchor QEA
fees, hours and rates are reasonable and competitive.
Lower Bay Construction Costs
While the Lower Bay construction costs are currently estimated to be $23M, there are
many factors that could influence the overall cost including the pre -project work described
above. In order to further increase the odds of securing federal funding, it is recommended
the City contribute funds whether directly or in-kind. (A twenty percent contribution may
be appropriate in the future.) While a decision on contribution or percentage thereof can
occur at a later date, the costs incurred for the pre -project tasks in this report will be
applied towards the City's overall contribution limit.
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.
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Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/
Engineering Design and Support for Lower Newport Harbor Federal Channel
Maintenance Dredging Program
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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
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
ENGINEERING AND PLANNING SUPPORT FOR LOWER NEWPORT BAY
FEDERAL CHANNEL MAINTENANCE DREDGING PROGRAM
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of November, 2018 ("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 9700 Research Drive, Irvine, California 92618, 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 provide engineering and planning support for
the Lower Newport Bay Federal Channel Maintenance Dredging Program
("Program"), including agency coordination and risk assessments, sediment
sampling, planning and design support, analyses, and regulatory permitting
("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 October 31, 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.
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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 Seven Hundred Seventy
Seven Thousand Dollars and 00/100 ($777,000.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) 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.
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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 Adam Gale 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
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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.
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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
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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
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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
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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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. 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.
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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
9700 Research Drive
Irvine, CA 92618
27. CLAIMS
27.1 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.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Anchor QEA, LLC Page 9
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Consultant shall be required to file such claim with the 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
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
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
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 Consultant 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 Consultant 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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
Anchor QEA, LLC Page 10
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subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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.
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.
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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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By.
Fro/.Aaron C. Harp &,k,*h„jrttx
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date:
By:
Steve Cappellino
Member
Date:
in
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 13
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EXHIBIT A
SCOPE OF SERVICES
ANCHOR QEA, LLC — Engineering and Planning Support for Lower Newport Bay
Federal Channel Maintenance Dredging Program
Introduction/Background:
Anchor QEA, LLC, is presenting this scope of work and cost estimate to continue
support for the Lower Newport Bay (LNB) Federal Channel maintenance dredging
program. The overall intent of this program is to dredge the harbor to its current federally
authorized design depths. While the U.S. Army Corps of Engineers (USACE) is
responsible for funding the engineering design, environmental review, and construction
within the Federal Channel, they are not responsible for funding the design, permitting
and construction of any management requirements above and beyond taking the dredge
material to an approved ocean disposal site or placing the material onto a beach for
nourishment. This also includes the costs associated with designing, permitting and
constructing a confined disposal facility for the unsuitable material, if deemed necessary
for material management.
As is, Lower Newport Bay has significant quantities of impacted material which is
not currently identified as suitable for ocean disposal and may require special
management_ There is, however, a process by which we might be able to reduce these
quantities, but further agency consultation will be required. The more material that the
City of Newport Beach (City) can get approved for ocean disposal the lower the program
costs will be for the City. To date, the City, with our support, has expended tremendous
efforts in conducting sediment investigations of the harbor to evaluate alternative disposal
options, conducted initial meetings with the USACE and U.S_ Environmental Protection
Agency (USEPA), and documented the economic importance of the harbor. The steps
have allowed the federal funding process to gather steam, but additional work is needed
to continue to advance the project. Specifically, the City needs to assist the USACE with
the engineering design and environmental review for the federal channels and complete
the same for the development of disposal facility for whatever remaining material is not
approved for ocean disposal.
To meet the USACE budget requirements, all of these tasks must be completed
by the end of calendar year 2019 so that the project is considered "shovel -ready" by the
earliest time that federal funding could be made available. This will require that several
tasks be completed in parallel to meet the desired schedule.
The City began meeting with USACE in early 2017 to discuss the Federal Channel
maintenance dredging program. Initial meetings were conducted with higher-level City
and USACE staff, but eventually became focused to a smaller integrated group that
identified a strategic path forward as part of the request for federal funding.
Anchor QEA, LLC Page A-1
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Initially, Anchor QEA prepared a Sampling and Analysis Plan (SAP) for use in
assessing disposal options. The SAP was presented to and approved by the Dredge
Material Management Team (DMMT) in December 2017, and sediment sampling
commenced in early 2018. The City, in collaboration with USACE, presented the sediment
sampling results to the DMMT in July 2018 and proposed unrestricted open -ocean
disposal for most of the material including certain areas with elevated levels of mercury,
dichlorodiphenyltrichloroethane (DDT), and polychlorinated biphenyls (PCBs) based on
the biological testing results which showed no toxicity to aquatic organisms. While the
DMMT did not agree with complete unrestricted open -ocean disposal, they were
amenable to a discussion about increasing the screening thresholds based on evaluating
potential ecological risks specific to Newport Bay. In addition to the areas with elevated
chemical levels, there was one portion of the Lower Bay that was not tested (Newport
Channel) based on high concentrations during past testing programs.
Under normal circumstances, using typical threshold levels that USEPA relies on
to determine if material is or is not suitable for open -ocean disposal, approximately
400,800 cubic yards (including over dredge) of the 888,100 -cubic yard dredge volume
would require management through an alternate disposal location. Using a slightly higher
threshold for mercury, PCBs and DDT would result in significantly less material that would
require separate management.
During sediment characterization efforts, Anchor QEA collected exploratory
samples within the portion of the Newport Channel that was not initially included in the
targeted sampling program to see if chemical concentrations had potentially been
reduced as a result of past dredge events. This area was initially excluded from the
Federal Channel SAP based on historical data and the 2012 Federal Channel dredging
analysis which showed elevated concentrations beyond the accepted thresholds.
Exploratory sampling during this recent sediment characterization in 2018 was intended
to confirm that this material was indeed contaminated and unsuitable for open -ocean
disposal. Unexpectedly, however, the characterization results from the exploratory
sampling for the majority of Newport Channel tested as favorable with much lower than
expected mercury' levels. These exploratory sampling results were then presented to the
DMMT in an abbreviated SAP in June 2018, and the City requested approval to collect
additional samples to complete a more comprehensive sediment investigation to assess
suitability for open -ocean disposal. The DMMT approved the SAP and the City's proposal
to collect additional samples from within Newport Channel. This portion of the Bay
contains more than 200,000 cubic yards of material above the authorized design depth,
so converting this volume to the Federal Channel maintenance dredging program would
' During previous 2012 LNB dredging, the USACE dredged a portion of the unsuitable surface layer from
a portion of the Newport Channel, and disposed that material at the Port of Long Beach. Because this
previously dredged material only represented a small portion of the available material needed to achieve
design depths, the resulting material after 2012 was assumed to be unsuitable when developing the 2017
SAP.
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be a tremendous financial benefit to the City (i.e. reduced unsuitable material decreases
the City's responsibility for disposal options therefore reducing costs).
Table 1 shows the combined effect of increasing the thresholds and proving that
the material from the Newport Channel was suitable for ocean disposal, which reduces
the volume of unsuitable material and thus reduces the City's cost contribution for the
project. Note that these volumes have been calculated assuming a 1 -foot paid over
dredge allowance. While the contractor will be allowed a maximum of 2 feet in overdredge
allowance, they will only be paid for 1 foot, so we are assuming that for most areas they
will not exceed the 1 -foot depth. This is a very common assumption and one that we
typically see when looking at the final bathymetry depths. A map of lower Newport Harbor
shows the dredge units listed below, authorized depths and the need for dredging
required in multiple areas to achieve authorized design depths (Figure 1).
Table 1 Dredge Volume and Disposal (Assumes Approved Increased
Thresholds - Best Case Scenario)
Dred6e
Unit
Dredge
Unit
Code
Design
Depth
(feet
MLLM
ocean Suitable
Unwitat;le
Tota!
Volume
Mated
Volume to
Design
Depth (cy)
1 -Foot
overdep%
Allowance
Vohune (cy)
Estimated
Volume to
Design
Depth (cy)
1-Foat
Overdepth
Allowance
Vohum
(cy)
Turning Basin
TB
-20
0
0
38,900
42,700
81,600
Main Channel North 1
MCN1
-20
37,000
13,300
0
0
50,300
Main Channel North 2
MCN2
-20
33,600
11,600
0
0
45,200
Main Channel North 3
MCN3
-20
45,700
22,200
0
0
67,900
Main Channel North 4
MCN4
-20
25,600
14,300
0
0
39,900
Main Channel North 5
MCNS
-20
31600
2Q750
0
0
52,350
Bay island North
BIN
-15
83,700
29,850
0
0
113,550
Bay Island Middle East
BIME
-15
41,900
13,800
0
0
55,700
Bay Island Middle West
BPM
-15
43,300
12,400
0
0
55,700
Bay Island South
BIS
-15
49,900
15,250
0
0
65,150
Entrance Channel
K
-20
38,900
11,650
0
0
50,550
Newport Channel
NC
-15
134,000
32,800
33,000
1Q400
210,200
Total
-
--
565,200
197,900
71,900
53,100
888,100
Another component in developing the request for federal funding was to
demonstrate the harbor's economic importance locally and at the state and federal levels.
The City retained an independent economic research and consulting firm, Beacon
Economics, LLC, to document regional and national economic benefits resulting from
maintaining deeper channels within Newport Harbor. Based on the analysis, the harbor's
commercial activities directly and indirectly generate an estimated $1 billion in economic
output, support 8,394 jobs, and generate $366.4 million in labor income.
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The preliminary results of the aforementioned sediment investigation and the
economic analysis were included in the City's formal funding letter requesting federal
allocation to dredge Newport Harbor. Funding requests were submitted to Colonel Gibbs,
Los Angeles District Commander, in Spring 2018. While this initial request for federal
funding was unsuccessful, the City continued to pursue various opportunities, and a small
starter -fund was eventually allocated by the USACE to provide preliminary design and
planning -level project review which is a positive indication for future federal support.
Scope of Work
The following tasks have been identified to be completed concurrently, whenever
possible, to maximize efficiency with respect to the condensed timeline for a shovel -ready
project. Task 1 focuses on continuing negotiations with the USACE and USEPA to
increase the screening thresholds for several chemicals as a way of increasing the
amount of material that can be disposed in the ocean. Task 2 focuses on formally testing
the Newport Channel area in an attempt to prove that chemical concentrations have been
reduced to a point where that material can also be allowed for ocean disposal. Task 3 is
for completing the engineering design of the federal channels for the USACE to use in
advancing the project. Task 4 is for permitting and designing a disposal facility for the
material not suitable for ocean disposal. Task 5 covers the National Environmental Policy
Act (NEPA) evaluation for the federal channels and Task 6 covers the CEQA evaluation
for the disposal facility for unsuitable material. Each is described in more detail in the
following sections.
Task 1: Continued Agency Coordination and Risk Assessment
Task 1.1: Continued Coordination and Risk Assessment
Anchor QEA will continue coordinating with the DMMT on a sediment suitability
determination as well as to evaluate alternative disposal locations for material not
determined suitable for open ocean disposal.
In support of that effort, we will conduct an ecological risk evaluation to derive
protective screening thresholds and document the exposure assumptions, assessment
methods, and risk conclusions. The risk evaluation would follow standard Guidelines for
an Ecological Risk Assessment 2 and incorporate Ocean Disposal Testing Manual (OTM)3
and Inland Testing Manual (ITM)4 evaluation methods for dredged material proposed for
open -ocean disposal to ensure compliance with regulations. The uncertainties around the
bioavailability and effect estimates will be summarized in a weight -of evidence framework.
The most appropriate screening levels will be selected.
2 USEPA, 1998. Guidelines for Ecological Risk Assessment. USEPA/630/R-95/002F. USEPA, Washington, DC. April 1998.
3 USEPA/USACE, 1991. Evaluation of Dredged Material Proposed for Ocean Disposal — Testing Manual. USEPA 503/8-91/001.
USEPA Office of Water (4504F). February 1991.
4 USEPA/USACE, 1998. Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. — Testing Manual: Inland
Testing Manual. USEPA-823-B-94004. USEPA Office of Water (4305). February 1998,
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Following completion of the assessment, a technical memorandum will be provided to the
City that details the risk assessment, including the problem formulation, exposure and
effects analyses, risk characterization, and uncertainty assessment.
In 2009, Anchor QEA evaluated alternative disposal options within a limited
geographic extent to Newport Harbor. Some evaluated options may still be technically
feasible, but these options would most likely be publicly opposed and, in our opinion, be
very difficult to advance along with being cost prohibitive. In October 2018, Anchor QEA
and the City met informally with USEPA to discuss an open -ocean disposal concept. The
approach included constructing a confined aquatic disposal (CAD) site of sufficient size
to support material in the harbor determined unsuitable and placing a cap layer with the
remaining clean dredged material. USEPA`s initial response was that under the Marine
Protection, Research, and Sanctuaries Act (also known as the Ocean Dumping Act)
disposing of material that would "unreasonably degrade or endanger" human health,
welfare, or the marine environment is prohibited within the federal territorial waters.
However, the possibility for an in -harbor CAD may be feasible. Additional research and
analysis on a suitable CAD location for open -ocean disposal is required, and this task
would continue to explore opportunities in coordination with USEPA.
Task 2. Newport Channel Sediment Sampling Program
Task 2.1: Field Sediment Sampling
Anchor QEA will conduct additional sediment sampling at 12 stations (representing
up to three dredge units within Newport Channel), as presented and approved during the
June 2018 DMMT meeting. Cores will be collected using an electric vibracore to the
design depth (-15 feet mean lower low water) plus 2 feet of overdepth. Multiple cores may
be required at each station to obtain a sufficient volume for analysis. Individual cores from
each station will be submitted for chemical analysis. Reference sediment will be collected
from the LA -3 Ocean Dredged Material Disposal Site (ODMDS) reference site and used
for comparative purposes to determine suitability for ocean disposal. 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.
Task 2.2: Laboratory Analysis
Based on the proposed program, 12 discrete samples from individual stations and
the LA -3 ODMDS reference sample will be submitted for sediment analysis. Based on the
analytical chemistry results, up to three composite samples and the LA -3 ODMDS
reference samples will be submitted for biological testing. Z -layer samples (i.e. the
remaining material layer after dredging) will be archived to allow for additional analysis if
needed. All testing will be performed per OTM and ITM guidelines. Sediment and tissue
analyses will be performed by our subcontractor, Eurofins Calscience, Inc., and biological
testing will be performed by our subcontractor, Nautilus Environmental. Sediment
analyses of discrete samples from individual stations and reference samples will include
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grain size, total organic carbon, total solids, metals, polycyclic aromatic hydrocarbons
(PAHs), PCB congeners, organochlorine (OC) pesticides, organotins, and pyrethroids.
Biological testing will include solid phase and suspended particulate phase bioassays and
bioaccumulation testing. 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 DMMT following the initial sediment testing. Based on previous
Federal Channel data from early 2018, tissue chemistry includes lipids, mercury, PCBs,
and OC pesticides; however, this list is subject to DMMT approval. Anchor QEA will
perform data validation to ensure sediment and tissue chemistry meets the project data
quality objectives.
Task 2.3: Sampling and Analysis Report and DMMT Coordination
Anchor QEA will prepare an abbreviated Sampling and Analysis Report (SAR) (or
addendum) to document 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 LA -3 ODMDS reference sediment and appropriate sediment quality
guidelines, and biological results will be compared to LA -3 ODMDS reference sediment
and appropriate laboratory controls. A project map will note actual sampling locations.
Sediment core logs, chain -of -custody forms, laboratory reports, and data validation
reports will be included as appendices. Anchor QEA will present the SAR at the DMMT
meeting to obtain final concurrence on dredged material suitability.
Task 2 Assumptions
Assumptions are as follows:
• Two Anchor QEA personnel will spend 2 days in the field performing vibracore
sampling.
• Vibracore sampling will be performed at 12 stations representing up to three
composite areas.
• Our subcontractor, Leviathan Environmental Services or Marine Taxonomic
Services, Ltd., 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 (e.g. Balboa Yacht Basin, Marina Park or available mooring)
• Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3
ODMDS by using a pipe dredge. Reference material was collected in January 2018
as part of the City's initial Federal Channel dredging sediment sampling program;
however, standard sediment holding times have expired.
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• Constituents include those typically analyzed for dredged material assessments
within the region.
• Twelve discrete samples from individual stations and reference sediment will be
submitted for sediment chemistry.
• Up to three composite samples and reference sediment will be submitted for
biological testing.
• Z -layer samples will be archived to allow for additional analysis if needed.
• Up to 42 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 3: Federal Channel Design Support
Anchor QEA will design the limits and extents of dredging in the Federal Channel.
We will prepare a dredge cut layout that considers Federal Channel boundaries and the
authorized dredge depths. The dredging design will incorporate allowable overdredge
depths and stable side slopes to allow removal of sediment materials. The dredging
boundaries will adhere to the boundaries developed during past dredging efforts in the
Federal Channel.
The dredging design documents will also specify the hauling and final disposition
of the dredged material in a presumed nearby CAD site (to be designed as part of Task
4). Dredge material volumes will be estimated using existing bathymetric data, and
material characteristics will be described using subsurface information gathered during
sediment sampling efforts in 2018 and as described in Task 2.
Design documents (including technical specifications and construction drawings)
will be formatted using the current USACE design document standards and protocol.
Task 4: Confined Aquatic Disposal (CAD) Planning and Design
Task 4.1: Geotechnical Investigation for CAD Site
One of the critical needs for designing a CAD site is an accurate understanding of
the subsurface sediment conditions. This is commonly conducted through geotechnical
borings. If the City is able to target a CAD location outside or the Harbor, Anchor QEA will
conduct geotechnical borings at representative locations at the planned location of the
CAD site. We will select a drilling subcontractor and provide oversight and record-keeping
during the drilling operation. Borings will be logged, and samples will be sent to a
geotechnical laboratory for analysis (e.g. grain size distribution and other geotechnical
properties such as Atterberg limits) to provide the necessary parameters for designing
the CAD site, conducting slope stability analyses, and modelling of the cap. Borings will
also provide information on the type of materials that will be excavated to create the CAD.
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If siting the CAD outside the Harbor is not feasible, the City will be forced to focus
its efforts on locations inside the Harbor. These areas were already tested during previous
investigations so sufficient data currently exists and these costs can be eliminated.
Task 4.2: CAD Design and Chemical Confinement Analysis
Anchor QEA will design the CAD, including selecting and documenting its location,
dimensions, and side slopes. Design drawings will incorporate the most recent available
bathymetric data performed by the USACE in summer 2018, if available. If not available,
we would rely on the survey completed by the USACE in 2017.
Anchor QEA will also evaluate the adequacy of the cap to provide long-term
isolation of chemicals originating from sediments placed in the CAD site (after being
dredged from various locations in the Federal Channels). Long-term chemical transport
mechanisms will be evaluated using standard diffusion and porewater flow-through
modeling calculations to assess the ability of the cap to prevent breakthrough of key
chemical constituents.
Hydrodynamic modeling will be used, as appropriate, to evaluate potential scour
forces acting on the sediment cap and thereby to determine appropriately stable particle
sizes. The scour force evaluation will include assessing wind waves, storm waves, vessel
wakes, and/or propeller wash forces from vessels that are expected to travel through the
area.
This scope of work assumes that acceptable and permittable locations can be
readily identified for the CAD site and placement location for material excavated from the
CAD. Therefore, we have not budgeted significant time for rigorous review, feasibility
analysis, or cost -benefit evaluations for multiple potential sites. Other potential areas of
study or analysis that would require additional design budget, if necessary and/or
requested by stakeholders or regulatory agencies, could include:
• Evaluating deep subsurface groundwater or aquifer layers in the area of the CAD
• Protecting against scour forces or vessel propeller wash acting on the CAD
surface
• Placing material from multiple locations (other than Newport Harbor) within the
CAD site
• Integrating habitat substrate or public access features at CAD site surface or at
excavated material placement location
• Performing a structural analyses for features in the near vicinity of the CAD site
or the excavated material placement location
Task 5: USA CE Environmental Assessment and Regulatory Permitting
Anchor QEA, LLC Page A-8
22-27
To facilitate the project proceeding in an efficient manner and under a very tight
timeline, Anchor QEA proposes supporting USACE with development of the National
Environmental Policy Act (NEPA) draft Environmental Assessment (EA) and providing
drafts of regulatory permit applications and supporting letters.
Task 5.1: USACE Environmental Assessment
USACE is the lead federal agency for maintenance dredging occurring within the
Federal Channel. In collaboration with USACE, Anchor QEA will develop a draft NEPA
EA for use by USACE. Development of the draft will heavily rely on the Corps' previous
EA used for the 2012 Federal Channel dredging effort. The EA will focus both on the
actual maintenance dredging function as well as alternate disposal options for material
determined not suitable for open -ocean disposal. The alternate disposal location
assessment will defer to technical studies and analysis completed as part of Task 4 and
as part of the City's environmental analysis presented in Task 6.
Task 5.2: USACE Maintenance Dredging Regulatory Permits
Regulatory permits described in this task include only approvals for the actual
maintenance dredging within Newport Harbor. Permits associated with construction,
disposal, and long-term monitoring of CAD are presented in Task 6. Regulatory approvals
for maintenance dredging are required under Section 401 of the Clean Water Act and
Federal Consistency review. Anchor QEA will prepare a California Coastal Commission
(CCC) Federal Consistency letter for USACE and a draft application for submittal to the
Regional Water Quality Control Board (RWQCB).
USACE is the lead federal agency under NEPA and will handle all communications
with the other regulatory and resource agencies. USACE does not issue itself an actual
approval; however, consultation with other resource agencies is completed as part of the
project's environmental planning process. Anchor QEA will prepare drafts of the following
documents to support this consultation:
• Essential Fish Habitat Assessment Report and cover letter to support
consultation with the National Marine Fisheries Service (NMFS)
• Endangered Species Act and Marine Mammal Protection Act Compliance Report
and cover letter to support consultation with the U.S. Fish and Wildlife Service and NMFS
• Section 106 Consultation letter to the State Historic Preservation Officer
Task 5 Assumptions
Assumptions are as follows:
• USACE will provide a Word file of the 2011 EA (dated September 2011).
• USACE will identify alternatives to be evaluated under the EA.
Anchor QEA, LLC Page A-9
22-28
• Consistent with the 2012 Federal Channel dredging effort, USACE will issue a
Finding of No Significant Impact (FONSI). If a more robust NEPA environmental
review is required, then a new scope of work would be submitted.
• Anchor QEA will assist in responding to one round of internal and public USACE
review comments.
• USACE will be responsible for finalizing the draft documents, posting it online for
public input, responding to public comments, and developing a final draft and
decision document.
• The EA will rely solely on the results of 2016 harbor -wide eelgrass survey data
(both deep and shallow water) and a partial shallow water eelgrass survey
completed in summer/fall 2018 (shallow water only). No new surveys are
proposed.
• An assessment of impacts to eelgrass will be coordinated with USACE.
Development of an eelgrass mitigation plan, if required, is not included in this
scope of work.
• Draft letters and permit applications will be provided to USACE to initiate review
with other resource and regulatory agencies.
• Anchor QEA will assist USACE in responding to up to two rounds of agency
comments.
• No new technical reports are included in this scope of work.
Task 6: City of Newport Beach Environmental Document and Regulatory Permitting For
CAD
The City will be the lead agency under the California Environmental Quality Act
(CEQA) and will be responsible for complying with CEQA and securing all regulatory
agency approvals for construction and long-term monitoring of the CAD site.
Task 6.1: CEQA Compliance
Anchor QEA will work closely with the City's Planning Department to develop the
project description, alternatives to be evaluated, and the project schedule. The project
description will identify project objectives, describe construction means and methods, and
provide a list of permits and approvals required to implement the project. Anchor QEA will
coordinate with the City to determine whether a public scoping meeting is appropriate or
not. Given the unique characteristics of the project, we believe a scoping meeting will be
beneficial and have incorporated budget to support this effort.
If the initial study reveals that no significant impacts would result with mitigation
measures, we will prepare an Initial Study (IS) and Mitigated Negative Declaration (MND)
to comply with CEQA requirements. We will prepare an Administrative Draft IS/MND,
Anchor QEA, LLC Page A-10
22-29
incorporate City comments in the Administrative Draft IS/MND, produce a Public Draft
IS/MND, and facilitate publication of the Notice of Availability (NOA) of the Public Draft
IS/MND. Following completion of the public review period, we will assist the City in
revising the IS/MND in response to comments received to produce the Final IS/MND for
City approval. Following completion of the preliminary CAD design (described in Task 4),
CEQA compliance is anticipated to take approximately 6 to 9 months. However,
maintaining this timeline is contingent on the City's commitment to adhere to tight
timelines and extent of public comments.
Task 6.2: CAD Regulatory Agency Permits
CAD construction will likely require permits from USACE, RWQCB, CCC, and
California State Lands Commission (CSLC). Permit applications are typically prepared
using preliminary (30%) designs. Obtaining all regulatory approvals is anticipated to take
approximately 9 to 12 months from the time the preliminary design is available for use in
assembling permit application packages; however, the final duration of the permit process
and decision for issuing the permit is dependent on the agencies.
To accomplish the permitting needs for this project, Anchor QEA proposes to start
with a pre -application meeting with regulatory agency representatives (including
continued coordination with USEPA as described in Task 1). This meeting must occur
sufficiently early in the process to allow time to submit all permit applications. One key
goal of the pre -application meeting is to discuss submission of the permit applications
before the CEQA process is complete. Typically, we recommend submitting the permit
applications shortly after receiving any comments from the public review period; however,
given the tight timeline of this project, submitting applications prior to the CEQA public
notice may not be feasible. Rather, the approach is to submit shortly after initial outreach
meetings with key stakeholders or following the public scoping meeting. Although there
is risk in submitting this early in the CEQA process, this approach may expedite the
regulatory application submission dates and the overall environmental timeline.
Submitting at this point in the CEQA process will be confirmed with the agencies during
the pre -application meetings. Senior City staff and officials will be involved in these pre -
application meetings with the agencies to demonstration the importance and time
sensitive nature of the projects.
The pre -application meeting will also serve as an opportunity to discuss the
Project's approach and to solicit agency feedback. This communication is extremely
valuable for educating agency staff about the importance of the project and for developing
more robust applications that address the specific needs of the agencies.
We have assumed two in-person meetings with participation from each agency.
Two Anchor QEA staff will participate in the meeting to address engineering -related
questions and permitting topics. Following the meeting, minutes will be assembled and
distributed to all agency attendees. We will make every attempt to coordinate a single
meeting with all representative agencies but have assumed and budgeted for two
meetings due to the agencies' schedules. Anticipated permits are as follows:
Anchor QEA, LLC Page A-11
22-30
• Coastal Development Permit: Anchor QEA will prepare a Coastal Development
Permit application for submittal to the CCC. We will act as the City's representative and
respond to additional information requests from CCC staff and public comments. To help
expedite the review process, we could prepare a draft CCC Staff Report. This approach
has shown to save considerable time, as exemplified by the Rhine Channel Sediment
Cleanup. Anchor QEA will attend the Coastal Commission hearing once the project is
agenized.
• Standard Individual Permit: USACE will be the lead agency for the Rivers and
Harbors Act Section 10 and Clean Water Act Section 404 permits as well as associated
consultations for Endangered Species Act/Essential Fish Habitat (ESAIEFH). A Standard
Individual Permit from USACE will likely be the appropriate permit for the project. Anchor
QEA will prepare an application, a draft public notice, supporting ESAIEFH information
for use by USACE, and a draft NEPA EA for the USACE Regulatory Division.
• Clean Water Act Section 401 Water Quality Certification: A Clean Water Act
Section 401 Water Quality Certification (WQC) will be required by the Santa Ana
RWQCB. Anchor QEA will prepare a Section 401 WQC application for submittal to the
RWQCB and respond to requests for information from RWQCB staff. Water quality
studies, including field monitoring efforts during construction, are not included in this
scope of work_
• Surface Lease Agreement: Anchor QEA will prepare a Surface Lease Agreement
application for submittal to the CSLC and respond to requests for information from CSLC
staff.
Task 6 Assumptions
Assumptions are as follows:
• Anchor QEA will manage a biological survey of the proposed CAD site.
• Anchor QEA will provide support to the City in management of all CEQA
administrative tasks, including the preparation of mailings and notices.
• Anchor QEA will prepare an Administrative Draft, Public Draft, and Final IS/MND.
• Anchor QEA will attend two City Council meetings on the IS/MND, as needed.
• Anchor QEA will attend up to four meetings with the City at critical parts of the
CEQA process.
• Costs of reproduction and mailing will be paid by the City and are not included in
this scope of work.
• Document filing fees, permit application fees, and newspaper advertising fees will
be paid directly by the City and are not included in this scope of work. If requested,
Anchor QEA, LLC Page A-12
22-31
and to save time, Anchor QEA could cover the application filing fees and then
submit as a reimbursement expense to the City.
• Any additional reporting or long-term monitoring, including specific permit
compliance conditions, is not included in this scope of work.
Attachments
Figure 1 - Comparison of 2017 Harborwide Bathymetric Survey to Authorized
Design Depths
Anchor QEA, LLC Page A-13
22-32
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Comparison of 2057 Harhonvide BathymetriC Survey to Authorized Design Depths
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22-33
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SCHEDULE OF BILLING RATES
ANCHOR QEA, LLC — Engineering and Planning Support for Lower Newport Bay
Federal Channel Maintenance Dredging Program
Task
Description
Estimated
Cost
1
Continued Agency Coordination and Risk Assessment
$30,000
2
Newport Channel Sediment Sampling Program
$155,000
3
Federal Channel Design Support
$150,000
4
1 Confined Aquatic Disposal Planning and Design
$130,000
5
USACE Environmental Assessment and Regulatory
Permitting
$137,000
6
City of Newport Beach Environmental Document and
Regulatory Permitting
$175,000
Total
$777,000
Anchor QEA, LLC Page B-1 22.34
Anchor QEA, LLC
010-314l>11l4,12Y11111131IN] ilk [0A-111 IV
Professional Level Hourly Rates
Principal.................................................................................................................................................................................
$256
SeniorManager..................................................................................................................................................................
$229
Manager................................................................................................................................................................................
$213
SeniorStaff...........................................................................................................................................................................
$190
Staff3 .............. ...................................................................................... ........ ......... ...............................................................
$167
Staff2.....................................................................................................................................................................................
$149
Staff1................................................................................................................................................................ .
....................
$126
SeniorCAD' Designer......................................................................................................................................................
$132
CADDesigner......................................................................................................................................................................
$110
Technician............................................................................................................................................................................
$107
SeniorTechnical Editor....................................................................................................................................................
$130
TechnicalEditor..................................................................................................................................................................
5110
Senior Project Coordinator............................................................................................................................................
$124
ProjectCoordinator..........................................................................................................................................................
$106
Special Hourly Rates
Nationalexpert consultant............................................................................................................................................ $424
All work by a testifying expert .................................................................................1.5 times professional level rate
EXPENSE BILLING RATES
Expense Rates
ComputerModeling (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/subconsultants.........................................................................................................................................10%
Travel and other direct costs..........................................................................................................................................10%
Fieldequipment and supplies........................................................................................................................................10%
CAD: Computer Aided Design
Anchor QEA, LLC Page B-2 22-35
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 22-36
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 22-37
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 22-38
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 Agreement, 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 22-39
ATTACHMENT B City of Newport Beach
BUDGET AMENDMENT
2018-19
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
X Transfer Budget Appropriations
SOURCE:
X from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 19BA-023
AMOUNT:J $677,000.00
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from Tidelands Capital unappropriated fund balance and transfer funds from the cancelled
Habor Port Plan to be used for the Harbor wide Dredging/Planning proiect.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
101 300000
REVENUE ESTIMATES
Org Object Project
Description
Tidelands Fund Balance
Descripti
EXPENDITURE APPROPRIATIONS
0 rg Object Project Description
10101 980000 19H13 Tideland Capital - Harbor Port Plan
10101 980000 18H07 Tideland Capital - Harbor Dredging
Signed:
Signed
Fiihaa6ial Approval: - Finance Di
City Council Approval: City Clerk
Amount
Debit Credit
$377,000.00
$300,000.00
* Automatic
$677,000.00
11-ICy,- l(2
Date
Date
22-40
Increase in Budgetary Fund Balance
ANDX
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
FXI
Yes
No
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from Tidelands Capital unappropriated fund balance and transfer funds from the cancelled
Habor Port Plan to be used for the Harbor wide Dredging/Planning proiect.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
101 300000
REVENUE ESTIMATES
Org Object Project
Description
Tidelands Fund Balance
Descripti
EXPENDITURE APPROPRIATIONS
0 rg Object Project Description
10101 980000 19H13 Tideland Capital - Harbor Port Plan
10101 980000 18H07 Tideland Capital - Harbor Dredging
Signed:
Signed
Fiihaa6ial Approval: - Finance Di
City Council Approval: City Clerk
Amount
Debit Credit
$377,000.00
$300,000.00
* Automatic
$677,000.00
11-ICy,- l(2
Date
Date
22-40