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HomeMy WebLinkAbout05 - PSA with Anchor for RGP PermitCITY OF NEWPORT BEACH City CouncH Staff Repot Agenda Item No. 5 June 25, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949- 644 -3311, dawebb @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager 949 - 644 -3043, cmiller @newportbeachca.gov APPROVED:, TITLE: Professional Services Agreement with Anchor QEA, L.P., for Consultant Services for Securing the City's Regional General Permit No. 54 ABSTRACT: Anchor QEA, L.P. (Anchor) is providing services for securing the City's Regional General Permit which allows waterfront homeowners to dredge under their docks using a simplified permitting process. In addition, Anchor will assist the City with the final negotiations in obtaining approval of the City's Eelgrass Management Plan. RECOMMENDATIONS: 1. Approve and execute the Professional Services Agreement with Anchor for securing the City's Regional General Permit and for assistance with the City's Eelgrass Management Plan. 2. Approve Budget Amendment No. 13BA- 047 appropriating $90,000.00 from the unappropriated Tidelands Fund balance to CIP Account No. 7231 - C4401001. FUNDING REQUIREMENTS: Anchor is proposing to perform services for securing the RGP -54 Permit and Eelgrass negotiations for a not -to- exceed cost of $476,660.00. With approval of the budget amendment funds are available in the FY 13 -14 CIP budget. DISCUSSION: About every five years, the City secures a series of permits collectively referred to as the Regional General Permit No. 54 ( "RGP -54 ") through the Water Board, Army Corps of Engineers and the California Coastal Commission. The RGP -54 greatly simplifies the 1 of 50 Professional Services Agreement with Anchor QCA, L.P., for Consultant Services for Securing the City's Regional General Permit No. 54 June 25, 2013 Page 2 permitting process for the waterfront homeowner who wishes to dredge under their dock. The City also benefits by using this permit for the various City beach replenishment projects around the harbor, including areas such as Balboa Island, Grand Canal and China Cove etc. The City assumes the responsibility of negotiating with the regulatory agencies, as well as testing the sediments to ensure compatibility for ocean and nearshore disposal — tasks that are cumbersome and expensive requiring well over a year of planning, execution and significant expense. The RGP -54 is only for nearshore dredging along the harbor's perimeter, and does not include any deep water channel dredging. In the Fall of 2012, staff sought the advice of the Harbor Commission to evaluate the effectiveness of the RGP -54 and to determine if the current model for securing the permit was still appropriate. These questions were raised because the residents have decreased their usage of the permit largely due to the present state of the economy (dredging can be expensive), and the regulatory restrictions on eelgrass (dredging cannot occur within 15' of any eelgrass). The Harbor Commission therefore formed a subcommittee who met with several key community members to assist with a recommendation to staff. After evaluating alternatives to the RGP -54, the subcommittee ultimately recommended to maintain the current model (City provides the permit), as well as recommending some improvements to the permit conditions that would increase its usefulness to the community. These improvements include: 1. Increasing the dredge depth from - T to -10' Mean Lower Low Water. 2. Increasing the maximum per- address dredging event from 1,000 cubic yards ( "cy ") to 10,000 cy. 3. Increasing the harbor's annual maximum limit from 20,000 cy to 150,000 cy. The subcommittee made their recommendations to the Harbor Commission who then recommended to staff to proceed with Council approval for a contract. Selection Process The Harbor Resources Division invited five consulting firms that specialize in permitting marine related projects to submit proposals as part of the Request for Proposal process. Four proposals were received prior to the deadline of March 13, 2013. A review panel consisting of Public Works staff and a Harbor Commissioner reviewed the proposals and evaluated each firm's qualifications, past experience on similar projects, and availability for this project. Based on the qualifications of the four firms, staff selected Anchor to develop a sediment sampling plan and secure permits through the regulatory agencies. Anchor's extensive background in permitting and sediment characterization as well as their understanding of the City's specific harbor needs made them the top 2 of 50 Professional Services Agreement with Anchor QEA, L.P., for Consultant Services for Securing the City's Regional General Permit No. 54 June 25, 2013 Page 3 candidate. The work will be performed for a not -to- exceed fee of $476,660.00 and the schedule calls for completion by March 2014. Scope of Services Below are the specific tasks associated with this project. Please see the attached proposal from Anchor for more details. Task 1A: Develop a Sampling and Analysis Plan, and a Dredged Material Management Team Process ($34,993) Task 1 B: Mobilize Field Equipment and Collect Sediment Samples ($115,527) Task 1C: Conduct Sediment Laboratory Analysis ($163,289) Task 1D: Develop Sampling and Analysis Report and DMMT Process ($25,917) Task 2A: Conduct Regulatory Agency Pre - Application Meeting ($9,991) Task 26: Prepare Regulatory Permit Applications ($94,502) Task 2C: Implement Newport Specific Eelgrass Plan ($32,441) ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304, Class 4(g) (Minor Alterations to Land — maintenance dredging when authorized by state and federal regulatory agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted b avi A. Webb Public Works Director Attachments: A. Vicinity Map of Lower Newport Sediment Sampling Sites B. Professional Services Agreement C. Budget Amendment Bay with Composite Areas and 3 of 50 AM . • - 044 - 4-7 p i 6 Ra- Aerlal ROm&ngmaps Catlin from C4yof Newp*AU*A LEGEND: HORROMAL DATUM: UM=O a6 P nq Zone 6, NAMg VIRTIM DATUM: me an Iowa I.. .s iMLLVI. O%-k SamPIin6 LOCa[ ions Area is Arc. 4a ARa 26 qRi m a ia6a Area 2 Area 5 -' -- Areas SdCP lai %ANCHOR QEA ATTACHMENT A Figure 3 Overview of Composite Area Boundaries and Sampling Locations RGP 54 Sediment Chareaerization Attachment B PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR OEA, L.P. FOR RGP-54 PERMIT THIS PIR01= E=SSIONAL SERVICES AGREE=MENT ( "Agreement ") is made and entered into as of this 27th day of June, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and ANCHOR OEA, L.P., a California limited partnership ( "Consultant "), whose address is 27201 Puerta Real, Suite 350, Mission Viejo, CA 92691, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide consultant services to secure the City of Newport Beach's Regional General Permit (RGP) 54 for 2014 ( "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 December 31, 2015, 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. 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 5 of 50 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all Such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Seventy Six Thousand Six Hundred Sixty Dollars ($476,660.00), 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. 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. UUTT Anchor QEA, L.P. Page Corripensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit D. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Cappellino to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Harbor Resources Manager 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. Anchor QEA, L.P. Page '3 8.2 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 conforrns to the requirements of this Agreement, all applicable federal, state and local laws, and the Highest professional standard. 8.3 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. 8.4 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 and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, 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 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 Consultant. Anchor QEA, L.P. Page-4 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 - -- Anchor QEA, L.P. Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or 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 (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. Anchor QEA, L.P. Page 6 iLt�iZ�Pil�lti]k1ry iI�T�� All Documents, InGILldlng 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. 19. 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. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and Invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an Immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Anchor QEA, L.P. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to einploy other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Chris Miller, Harbor Resources Manager Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Cappellino Anchor QEA, L.P. 27201 Puerto Real, Suite 350 Mission Viejo, CA 92691 Anchor QEA, L.P. Page 8 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole 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. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 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. Anchor QEA, L.P. Page 9 28.3 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. 28.4 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. 28.5 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. 28.6 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. 28.7 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. 28.8 Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 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. 28.10 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 of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 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. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Anchor QEA, L.P. Page 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 Aaron C. Harp M b 6�1 City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: Anchor QEA, L.P., a California limited partnership Date: By: By: Leilani I. Brown Steve Cappellino City Clerk General Partner [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Anchor QEA, L.P. Page EXHIBIT A SCOPE OF SERVICES 1F n/5 Anchor QEA, L.P. Page A -1 /tNCf OR �_ EA 27201. Pocrta Real, SW I v 350 Mission Viejo; California 92G9.1, Phone 949.347.2780 June 13, 2013 Chris Miller Harbor Resources Manager City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Subject: Consultant Services for Securing the City of Newport Beach Regional General Permit 54 — Updated Costs Dear Mr. Miller: Anchor QEA, L.P., is pleased to present an updated cost estimate for consultant services to secure the City of Newport Beach's (City's) Regional General Permit (RGP) 54 for 2014. The revised cost estimate assumes a worst case scenario based on additional sampling requirements imposed by the agencies as part of the regulatory process and an additional task to support the City in finalizing the Newport- Specific Eelgrass Plan. The updated cost reflects 10 sampling days, seven composite samples and associated laboratory fees, preliminary metals analysis on 28 samples to determine the final compositing scheme, and z-layer analysis at each of the seven proposed composite areas. The previous proposal assumed 5 sampling clays; however, the sampling approach and number of sampling locations were revised based on comments received at the Dredged Material Management Team (DMMT) meeting on April 24, 2013, and subsequent communication with U.S. Environmental Protection Agency (USEPA). The revised sampling program includes 58 stations within five composite areas; however, two of these areas were subdivided pending the results of preliminary metals analysis. Because the proposed permit allows for a deeper maximum dredge than previous RGP 54 renewals, the DMMT requested that two vertical profiles be assessed during this sediment characterization. Segmenting cores based on two vertical profiles increases processing time but also may increase the number of cores per www.anchorryea.com 17 of 50 Ivh. Chris Nriller lone 13, 2013 Page station to obtain sufficient sedinleru: volume for analysis. Preliminary mends analysis will be performed on each vertical composite to determine if sediment conditions are similar and both segments can be combined for testing. As requested, we are proposing an additional task to support the City in finalizing the Newport - Specific Eelgrass Plan and obtaining regulatory approval of the plan from the appropriate agencies, independent of the RGP 54 permitting process. This approach is consistent with our recent conversations with the U.S. Army Corps of Engineers regulatory project manager. An additional task description and estimated cost is included for preparing the California Environmental Quality Act (CEQA) environmental document in support of the Newport Specific Eelgrass Plan. We believe this revised cost estimate is a conservative estimate that will allow for contingencies during the regulatory process to secure RGP 54 for 2014. We appreciate the opportunity to provide this proposal and welcome the City's comments or the opportunity to discuss our strategy or costs in person. This project is a very exciting, and we look forward to seeing it through to completion. Sincerely, Steve Cappellino Principal Scientist Anchor QEA, L.P. 18 of 50 ANCHOR OE A �- CONSULTANT SERVICES FOR SECURING CITY OF NEWPORT BEACH REGIONAL GENERAL PERMIT 58 27201 Pller[a RCc11, Suite 350 Mlssloo Viejo, California 92697. Phone 949.347.2780 www.ancl wrgea.coi 11 ANCHOR QEA REVISED COST ESTIMATE, RATE SHEET, AND COST ASSUMPTIONS Task 2: Sediment Characterization Process Task ZA — Develop Sampling and Analysis Plan and Dredged Material Management Team Process Anchor QEA developed a Sampling and Analysis Plan (SAP) for the City of Newport Beach (City) that details the sampling and analysis strategy for meeting sediment characterization requirements of Regional General Permit (RGP) 54. The SAP was prepared in accordance with the Evaluation for Dredged Material proposed for Ocean Disposal — Testing Manual (OTM) and the Evaluation ofDt edged Material Proposed for Discharge in Waters of the U.S. — Inland Testing Manual (ITM). It includes procedures for sediment sample collection, sample handling, physical and chemical analyses, biological testing, quality assurance /quality control (QA /QC), and data analysis. A project map is included with sampling locations and subareas. The draft SAP was presented to the Dredged Material Management Team (DMMT) on April 24, 2013, at the monthly DMMT meeting. Based on comments received at the meeting, the sampling approach and station locations were revised in coordination with U.S. Environmental Protection Agency (USEPA). The final SAP was completed, with included significant changes such as a phased testing approach, testing of multiple vertical horizons, additional sampling locations, and reorganization of the composite areas. A memorandum has been prepared for the USEPA that summarizes the phased testing approach and station locations. The memorandum is provided as Attachment A. This cost estimate includes additional costs for this task based on the increased effort to revise the sampling approach, finalize the SAP, prepare a memorandum for the USEPA, and coordinate with the regulatory agencies. Approval of the revised sampling approach will be requested from the USEPA prior to conducting field sampling. 19 of 50 ComiiIwit Services for Seciving the City of Newport Death Regional Gcnend 11crmit 54— Revised Scope of Work. lunc 2013 Task 2(i — Mobilize rield Equipment and Collect Sediment Samples Anchor QEA will conduct sediment sampling at 58 stations, including 28 stations previously sampled during the 2000 and 2005 programs. Thirteen stations were added following the April DMMT meeting, as requested by the USEPA. Five distinct composite areas have been identified for sampling activities, including the four areas tested in 2000 and 2005, and a new area west of the turning basin and the expansion of coverage into Promontory Bay. As requested by the DMMT, Areas 1 and 4 have been divided into two subareas (Areas la and lb and Areas 4a and 4b), resulting in seven potential composite samples for testing. If preliminary metals analysis indicates these subareas are similar, then they will be combined for full Tier III testing. Sediment cores will be collected using an electric vibracore to the proposed maximum dredge depth ( -10 feet mean lower low water [MLLWJ) plus 2 feet of overdepth allowance. In addition, the z -layer depth will be collected to characterize the new striate layer. Because the proposed permit for 2014 allows for a deeper maximum dredge depth, the DMMT requested that two vertical profiles be assessed during this sediment characterization. The upper profile will consist of sediment from the surface to -8 feet MLLW, which is the depth characterized as part of previous RGP 54 renewals ( -7 feet MLLW plus 1 foot of allowable overdepth). The lower profile will consist of sediment from -8 to -12 feet MLLW (proposed maximum dredge depth plus 2 feet of overdepth), which is the depth not previously characterized as part of previous RGP 54 renewals. Preliminary metals analysis will be performed to determine if these depths are similar and can be combined to create one composite sample for full Tier III testing. This analysis will be performed on a total of 28 samples, consisting of vertical composites, subareas, and selected individual cores to determine the final compositing scheme. Based on the revised sampling approach, it is anticipated that multiple cores will be required at each station to obtain sufficient volume to create_ final composite samples for analysis. Segmenting cores based on vertical layers will also increase processing time in the field. Reference sediment will be collected from the LA -3 reference site and used for comparative purposes. Site water will be collected and used to create elutriate samples for bioassay testing. This task includes costs associated with mobilization and demobilization of 20 of 50 Coasuluuit Services for Securing the City ol'Newporr (leach Regional General Permit 54 — Revised Scope of Work Junc2013 Page 3 equipment and use of sampling vessels. IC also includes costs for exploratory core sampling performed west of the turning basin and Promontory Bay in March 2013. These areas were not included as part of previous RGP renewals; therefore, sediment conditions were unknown. The information obtained during the preliminary investigation was used in the development of the sampling approach. Assumptions: a Three Anchor QEA personnel will spend 10 days in the field to perform vibracore sampling. o Our subcontractor, Leviathan Environmental Services, LLC, will provide vibracore equipment and a sampling vessel. Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3 using a pipe dredge. Task IC- Conduct Sediment Laboratory Analysis Twenty-eight samples will be submitted for preliminary metals analysis. Based on these results, final composite samples will be created at the Pacific EcoRislc (PER) laboratory. Costs assume that seven final composite samples will be created for frill Tier III testing; however, this number could be less. Up to seven composite samples and the LA -3 reference sample will be submitted for sediment chemistry and biological testing. In addition, it is assumed that seven z -layer samples will be submitted for sediment chemistry. All testing will be performed according to OTM and ITM guidelines. Sediment and tissue chemistry and biological testing will be performed by our subcontractors, Calscience Environmental Laboratories, Inc. (Calscience) and PER, respectively, Sediment chemistry of composite and reference samples will include grain size, total organic carbon, ammonia, sulfides, metals, polycyclic aromatic hydrocarbons (PAHs), polychlorinated biplienyl (PCB) congeners, organochlorine (OC) pesticides, organotins, and pyrethroids. Sediment chemistry of z -layer samples will include metals, PCB congeners, and pesticides; however, the analyte list is subject to DMMT approval. Biological testing for ocean disposal will include solid phase (SP) and suspended particulate phase (SPP) bioassays and bioaccumulation tests. 21 of 50 Consulcmt Services for Securing the City of Newport 13eadl Regional General .Permit 54 — Revised Scope of wort;. lone 2013 Page 4 Upon completion of bioaccumuilation testing, tissue samples will be submitted for chemical analysis. The final analyte list for tissue samples will be established based on sediment chemistry results and consultation with the USEPA. Based on previous RGP data, this cost estimate assumes that mercury and OC pesticides will require analysis; however, the analyte list is subject to DMMT approval. Anchor QEA will negotiate a reduced analyte list with the appropriate regulatory agencies following the initial sediment testing. We will perform data validation to ensure sediment and tissue chemistry meets the project data quality objectives. Assumptions: • Complete analyte list for sediment samples will be subject to DMMT approval. • Costs are typically based on constituents analyzed for dredge material assessments within USEPA Region IX. a Z -layer analysis will include metals, PCB congeners, and pesticides; however, the analyte list is subject to DMMT approval. U Tissue analysis will include mercury and OC pesticides; however, the reduced analyte list is subject to USEPA approval. U Samples will be archived at Calscience for 6 months. Task 1D— Develop Sampling and Analysis Report and Dredged Material Management Team Process Anchor QEA will prepare a Sampling and Analysis Report (SAR) that documents all activities associated with collecting, processing, and analyzing sediment samples. The SAR will include chemical and biological results, statistical analyses, QA/QC summaries, and suitability assessments. Chemistry results will be compared to the reference sediment and appropriate sediment quality guidelines. Biological results will be compared to reference sediment and appropriate laboratory controls. A project map will be included with actual sampling locations. Sediment core logs, chain -of- custody forms, laboratory reports, and data validation reports will be included as appendices. We will represent the project at a DMMT meeting to obtain final concurrence on dredge material suitability. 22 of 50 Cousulraur Services for Securing the City of Newport Beach Regional General Permit 5d—Rev ised Scope of work June 2013 Page 5 i'aslc T_: Regulatory Approval Process Task 2A — Conduct regulatory Agency Pre - Application Meeting Anchor QEA conducted a pre - application meeting with the regulatory agencies immediately upon authorization to perform this work. The pre - application meeting served to notify the agencies of the timing of permit application submittal and the City's proposed timeline for permit issuance. The meeting also served as an opportunity to discuss the rationale behind the specific terms of the City's proposed permit and to solicit agency feedback on those terms. This communication was extremely valuable for educating agency staff about the importance of RGP 54 and for developing more robust applications that address the specific needs of the agencies. This task accounted for a single multi - agency meeting held at the U.S. Army Corps of Engineers' (USACE's) office in Los Angeles in which other agency staff were able to participate in person or by teleconference. Task 28 — Prepare Regulatory Permit Applications Based on our experience with similar efforts in southern California and our understanding of the history and current status of RGP 54, a California Coastal Commission (CCC) Coastal Development Permit (CDP), USACE Standard Individual Permit, Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification will be required. After submittal of applications, Anchor QEA will continue to coordinate closely with the regulatory agencies as part of their permit application review processes. This task includes regular communication with agency staff via meetings, telephone calls, and email to maintain the overall project schedule. We will respond to requests from agency staff for additional information and facilitate coordination between agency staff reviewing the permit applications and staff involved in the sediment suitability determination process through the DMMT. This task also includes review of draft permits and approvals and negotiation of their terms. To facilitate the CCC review and approval process, Anchor QE will prepare draft sections of the staff report for use by the CCC and attend the public hearing in which the CCC will make a decision on this project. This scope of work also includes the possibility of using Dave Neish, if needed, from DBN Planning (DBN) as part of the CDP process. DBN has been 23 of 50 Connd rani Services for Seeuitiog the City of Newport Beach Regional General Permit 54 —1 Wviserl Scope of Worlc Itmc "201:3 Page G successfid in negotiating major changes in die conditions of approval for a project and in all cases strives to produce a staff recommendation for approval with conditions that can be accepted by the applicant. To facilitate the USACE review and approval process, Anchor QEA will prepare a draft National Environmental Policy Act (NEPA) Environmental Assessment for use by the USACE and prepare draft responses to comments received on the USACE's public notice for this project. Each permit application is described in further detail below and is based on the following assumptions: 0 The City has determined that activities authorized under the new RGP 54 will be categorically exempt from the California Environmental Quality Act (CEQA), and no additional CEQA action will be required. The City will prepare the required documentation and provide it to Anchor QEA. Note that this assumption does not apply to the Newport- Specific Eelgrass Plan (Plan). C Anchor QEA will act as the City's agent to communicate directly with the regulatory agencies and will facilitate obtaining permits and approvals. • Draft documents will be provided electronically to the City for review prior to submittal to the agencies. Anchor QEA will prepare one draft for review. • All documents submitted to the agencies will be completed according to state and federal standards. • All permit fees will be paid by the City. • Additional technical studies, such as directed market research, or biological studies, are not included in this task. Coastal Development Permit Anchor QEA will submit a complete CDP application, including required supplemental information, to the CCC and will respond to requests for additional information from CCC staff as it reviews the application. 24 of 50 C011SU I fanr Services for Securing the Gl'.y of Newporc Beach Regional General Permit 54 — Revised Scope of Work June 7013 Page 'T Standard Individual Permit Anchor QEA will submit a complete Standard hidividual Permit application to the USACE. We will prepare a draft public notice use by the USACE. Our fee also includes development of supporting Endangered Species Act and Essential Fish Habitat (ESA /EFI-I) information as part of the application. We will also prepare a draft letter for submittal to the CCC that requests a federal Coastal Zone Management Act (CZMA) consistency determination (required for ocean disposal of dredged material). Section 402 Water Quality Certification Anchor QEA will submit a Clean Water Act Section 401 Water Quality Certification application to the RWQCB. Task 2C— Implement Newport Specific Eelyrass Plan Anchor QEA will support the City with obtaining approval of the Plan by the regulatory agencies. We understand based on conversations with City staff and Wetland Research Associates, Inc. (WRA) that the current plan has been reviewed and conceptually approved by various agencies, although some important questions persist regarding implementation. We do not inteld to modify the plan significantly such that it would jeopardize the overall project schedule and approval of the Plan; rather, we will revisit certain aspects of the draft Plan that would hinder future use by the City and its applicants and set a bad precedent for eelgrass mitigation policy. We understand that other consultants have managed development of the Plan and that success of the Plan requires the combined effort of the entire project team. We request an active role in all eelgrass negotiations and the remaining phases of the Plan to ensure success. This task assumes the following: • Three Anchor QEA personnel will attend five agency meetings. • Anchor QEA will attend 10 regular team conference call to provide status updates and strategic planning. • Anchor QEA will review all drafts and /or sections of the Plan as requested. • Anchor QEA is not the author of the Plan but will support the City in moving the Plan through the regulatory agency approval process, as requested, and in accordance with the terms outlined in this task. 25 of 50 Cimsi.tItnnt Services Gir Securing the City oI,Newpan:l)eacII Regional General Permit 54 — Revised Scope of W irk lime 2013 Page 6 Newport- Specific Eelgrass Plan CEQA Document (Provided as information only and not included as part of this Scope of Worlo If requested, Anchor QEA can provide a separate scope of work for preparation of an Initial Study (IS) and Negative Declaration (ND) to comply with requirements of CEQA for adoption of the Plan. The City would act as the CEQA lead agency and would make the final determination of the appropriate level of CEQA review. We would prepare In administrative shaft of the CEQA docwment, incorporate all City comments in the Administrative Draft IS, produce a Public Draft IS, and facilitate publication of the Notice of Availability (NOA) of the Public Draft, if required. Following completion of the public review period, we would assist the City in revising the CEQA document in response to comments received to produce the final CEQA document for City approval. Compliance with CEQA is anticipated to take approximately 6 to 9 months to complete, following final negotiation of the plan. It is likely that state agencies including the CCC and RWQCB, will not approve the Plan until the City has completed the CEQA process. This task includes the following assumptions: • 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 attend two City Council meetings for the CEQA document, as needed. • Anchor QEA will attend up to four meetings with the City at critical parts of the CEQA process. • Document filing fees and newspaper advertising fees will be billed directly to the City and are not included in this scope of work. • A Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) will not be required for the Plan. If an MND or EIR is requited, an updated cost estimate for this task will be provided. • Anchor QEA will respond to a reasonable amount of public comments. The cost to complete this task would be $73,400. 26 of 50 Cot isul Lai s Services Im Secui hip the City of Newport Ilcacb Regional GCII91Nal Po uric 94— Rrvised Scopc of Wet Ic little 2013 Page 9 SCHEDULE Anchor QEA will begin this scope of work immediately upon authorization to proceed from the City. The draft SAP was initially prepared in time for presentation at the April DMMT meeting and is currently being updated. All permit applications are anticipated to be submitted to the agencies in May 2013. To accomplish this goal, we will coordinate closely with the City to expedite preparation and submittal of the applications. SUMMARY OF COSTS Anchor QEA is requesting authorization to proceed with the scope of work as previously described, with a not -to- exceed cost of $$476,660 (see Table 1). We will perform these tasks on a time - and - materials basis, according to our attached rate sheet (Attachment B). A detailed cost breakdown is provided as Attachment C. We "vill only bill for time and materials actually expended. Table 1 Estimated Costs Task Description Amount Requested 1 Sediment Characterization Process 1A Develop Sampling and Analysis Plan and Dredged Material Management Team Process $34,993 18 Mobilize Field Equipment and Collect Sediment Samples $115,527 1C Conduct sediment Laboratory Analysis $163,289 1D Develop Sampling and Analysis Report and Dredge Material Management Team Process $25,917 Task 1 Subtotal $339,726 2 Regulatory Approval Process 2A Conduct Regulatory Agency Pre- Application Meeting $9,991 28 Prepare Regulatory Permit Applications $94,502 2C Implement Newport Specific Eelgrass Plan $32,441 Task 2 Subtotal $136,934 Total $476,660 27 of 50 ATTACHMENT A SUMMARY OF REVISIONS TO SAMPLING AND ANALYSIS PLAN FOR RCP 54 SEDIMENT CHARACTERIZATION 28 of 50 ANIC1.-f.OR 26300 La Alanneda, Suite 240 nJ, �� Mission Viejo, California 92691 `` !! Phone 9 ,19 117.2780 Fax 949.334.9646 www.anchorgea.com MEMORANDUM To: Allan Ota, U.S. Environmental Protection Agency; Date: May 29, 2013 Cori Farrar, U.S. Army Corps of Engineers; Jack Gregg, California Coastal Commission From: Shelly Anghera, Ph.D.; Steve Cappellino; and Project: 130243 -01.01 Chris Osuch, Anchor QEA, L.P. CC: Chris Miller, City of Newport Beach Re: Summary of Revisions to Sampling and Analysis Plan for RGP 54 Sediment Characterization INTRODUCTION The City of Newport Beach (City) is proposing to renew Regional General Permit (RGP) 54 for maintenance dredging in Newport Bay, California. The current RGP 54 will expire in March 2014, and a new sediment investigation is required to support the renewal. A Sampling and Analysis Plan (SAP) was developed to document procedures and methods that will be used during the investigation to evaluate the suitability of proposed dredged material for beach replenishment and ocean disposal. The draft SAP was presented to the Dredged Material Management Team (DMMT) on April 24, 2013, at the monthly DMMT meeting. Based on comments received at this meeting, the sampling approach and stations locations were revised in coordination with the U.S. Environmental Protection Agency (USEPA). This memorandum presents a summary of the sampling approach and sampling locations. SAMPLING APPROACH Vertical Profiles The proposed permit for 2014 allows for a deeper maximum dredge depth of -10 feet MLLW plus 2 feet of allowable overdepth.1 Because these deeper depths have not previously been evaluated or dredged under the RGP 54 progra in, the DMMT requested that two vertical profiles be assessed during this sediment characterization in areas previously evaluated (e.g., ' The draft SAP lists only 1 foot of allowable overdepth. The SAP has been updated to include 2 feet, including 1 foot paid and 1 foot unpaid, as discussed at the April DMMT meeting. With changes to dredge depths and volumes under the proposed permit, it is anticipated that larger dredge equipment may be used. This overdepth is consistent with other individually permitted projects within Newport Bay. 29 of 50 Dredged Mucerial Management Team May 2J, 1013 Areas 1, 2, 3, and 4). The upper profile twill consist of sediment from the surface to -8 feet mean lower low water (MLLW), which is the depth characterized as part of previous RGP 54 renewals ( -7 feet MLLW plus 1 foot of allowable overdepth). The lower profile will consist of sediment from -8 to -12 feet MLLW (proposed Maximum dredge depth plus 2 feet overdepth), wlrich is the depth not previously characterized as part of previous RGP 54 renewals. Preliminary analysis will be performed to determine if these depths are similar and can be combined to create one composite sample for Rill Tier III testing. The Preliminary analysis is described as part of the phased testing approach in subsequent sections. Phased Testing Approach Testing for the RGP 54 renewal will be performed based on a phased approach. Phases I and II will consist of preliminary analysis to better refine the compositing scheme. Phase III will consist of full Tier III testing on the final composite samples. The phased approach is described in more detail below. Phase I — Preliminary Metals Analysis on Selected Stations Phase I will consist of preliminary metals analysis on selected stations that potentially contain elevated levels of contaminants to determine if they should be included in the composite area or eliminated from further testing. Metals will be analyzed on four stations within Balboa Yacht Basin and Promontory Bay (Stations 4 -12, 4 -14, 4 -15, and 4 -16) and three stations within West Lido Channel (Stations 1 -1, 1 -4, and 1 -5). Balboa Yacht Basin and Promontory Bay are new to the RGP 54 program, and therefore, it is unknown if concentrations of contaminants are elevated. West Lido Channel had elevated mercury detected in the previous investigation (Newfields 2012). If concentrations of metals within these individual stations are less than effects range median (ERM) values (Long et al. 1995) and the USEPA recommended threshold for mercury (1.0 milligrams per Idlograms [mg/kg]), then they will be compositedwith the other stations within the area. If concentrations are elevated, then these stations will be eliminated from further testing and excluded from the RGP. 30 of 50 Dredged Material Mauagemeut'feam May 29, 2013 Phase 11 — Preliminary Metals Analysis on Vertical Composites Following the initial metals analysis on selected stations, a total of 12 vertical composites will be created, consisting oFsedinnent from the tipper and lower profile from each area (Areas la, 1b, 2, 3, 4a, and 4b). Preliminary metals analysis will be performed on each vertical composite to determine the final compositing scheme. If preliminary testing indicates each profile within an area is similar, then sediment from both depths will be combined to create one composite sample for Phase III testing. As requested by the DMMT, Areas 1 and 4 were each divided into two subareas (Areas 1a and 1b and Areas 4a and 4b). If the preliminary metals analysis indicates these subareas are similar, then they will be combined for Phase III testing. Table 1 presents a summary of preliminary metals analysis conducted in Phases I and II. Based on results of Phases I and II, a proposed compositing scheme consisting of five to seven final composite samples will be submitted to the USEPA for approval prior to full Tier III testing in Phase III. Table 1 Summary of Preliminary Metals Analysis Conducted in Phases I and II Phase Area Station Vertical Profile Preliminary Analysis 1a 11 Top Metals Bottom Metals 1 -4 Top Metals Bottom Metals 1 -5 Top Metals Bottom Metals Phase 1 4b 4 -12 Top Metals Bottom Metals 414 Top Metals Bottom Metals 415 Top Metals Bottom Metals 4 -16 Top Metals Bottom Metals Subtotal -- -- 14 31 of 50 1)redged Material Management Team May 29, 2013 Page d Phase Area Station Vertical Profile Preliminary Analysis Area 1a Composite Top Metals Bottom Metals Area 1b Composite Top Metals Bottom Metals Area 2 Composite Top Metals Bottom Metals Phased Area 3 Composite Top Metals Bottom Metals Area 4a Composite Top Metals Bottom Metals Area 4b Composite Top Metals Bottom Metals Subtotal 12 Total Samples -- -- -- 26 Phase Ill — Full Tier 111 Testing Phase III will be initiated following creation of final composite samples for each area. Phase III will consist of frill Tier III testing for ocean disposal, including physical and chemical analyses and biological testing. Testing will be performed in accordance with Evaluation for Dredged Material Proposed for Ocean Disposal — Testing Manual (OTM; USEPA/USACE 1991) and the Evaluation of DredgedMateraalProposedfor Discharge in Waters of the U.S. — Inland Testing Manual (ITM; USEPAIUSACE 1998). SAMPLING LOCATIONS Fifty -eight stations were identified within Newport Bay for sediment core sampling. Figure 3 of the SAP (Attachment A) shows an overview of the composite area boundaries and proposed sampling locations. A detailed view of each area is shown on Figures 4 through 8 in the SAP (Attachment A). Station locations were chosen in coordination with the USEPA with the objective of representing, as accurately as possible, the physical and chemical characteristics of sediments that may be dredged under RGP 54. Thirteen stations were added to the sampling program based on USEPA comments following the April DMMT meeting. Target coordinates, mudline elevations, and target core lengths for each station are presented in Table 2. 32 of 50 Dredged Mareriad Management Team May 7.9. 2013 Page 5 Table 2 'target Coordinates, IVludline rievations, and Target Core Lengths for Proposed Sampling Locations Area Station ID Latitude (Degrees, Decimal Minutes)' Longitude (Degrees, Decimal Minutes)' Mudline Elevation (feet MLLW)' Project Depth Plus Overdepth (feet IVILLW) Depth of Z Layer (feet) Target core Length (feet)' 1 -1 33 36.8340 117 55.5000 -5.7 -12 0.5 6.8 1 -2 33 36.8749 117 55.4065 -5.2 -12 0.5 7.3 1 -3 33 36.7203 117 55.3135 -5.4 -12 0.5 7.1 1 -4 33 36.7013 117 55.4243 -5.8 -12 0.5 6.7 1 -5 33 36.6358 117 55.4658 -4.6 -12 0.5 7.9 la 1 -6 33 36.4998 117 55.2293 -4.1 -12 0.5 8.4 1 -7 33 36.6596 117 55.1899 -4.2 -12 0.5 8.3 1 -8 33 36.5860 117 54.8930 -4.0 -12 0.5 8.5 1 -9 33 36.4245 117 54.8853 -5.4 -12 0.5 7.1 1 -10 33 36.5209 117 54.6632 -4.6 -12 0.5 7.9 1 -11 33 37.1763 117 55.6896 -7.9 -12 0.5 4.6 1 -12 33 37.1484 117 55.4519 - -12 0.5 - 1 -13 33 37.0212 117 55.4294 -4.0 -12 0.5 8.5 1 -14 33 37.0540 117 55.2110 -5.4 -12 0.5 7.1 lb 1.15 33 36.8823 117 55.1209 -5.2 -12 0.5 7.3 1 -16 33 36.9501 117 54.9680 -5.0 -12 0.5 7.5 1 -17 1 33 36.7295 117 54.7926 -5.1 -12 0.5 7.4 1 -18 33 36.8120 117 54.6960 -5.5 1 -12 0.5 7.0 2 -1 33 36.9074 117 54.2333 -5.8 -12 0.5 1 6.7 2 -2 33 36.8226 117 54.1241 -5.2 -12 0.5 7.3 2 -3 33 36.7273 117 54.0727 -5.2 -12 0.5 7.3 2 -4 33 36.6970 117 54.1910 -4.1 -12 0.5 8.4 2 2 -5 33 36.6459 117 54.0736 -3.5 -12 0.5 9.0 2 -6 33 36.6140 117 54.2010 -4.0 -12 0.5 8.5 2 -7 33 36.9200 117 54.3870 -4.9 1 -12 0.5 7.6 2 -8 33 36.7396 117 54.4617 -6.0 -12 1 0.5 6.5 3 -1 33 37.0615 117 54.1381 -4.6 -12 0.5 7.9 3 -2 33 37.1378 117 54.0665 -4.4 -12 0.5 8.1 3 -3 33 37.1670 117 53.8960 -5.3 -12 0.5 7.2 3 -4 33 37.1540 117 53.7430 -7.6 -12 0.5 4.9 3 3 -5 33 37.2685 117 53.7510 -7.8 -12 0.5 4.7 3 -6 33 37.3515 117 533897 -7.7 -12 0.5 4.8 3 -7 33 37.3136 117 53.6166 -7.6 -12 0.5 4.9 3 -8 33 37.4619 117 53.7552 -4.2 -12 0.5 8.3 3 -9 33 37.1863 117 53.5032 -4.2 -12 0.5 8.3 33 of 50 Dredged Marerial Managemenr Team May 29, 2013 . Area Station ID Latitude (Degrees, Decimal Minutes)' Longitude (Degrees, Decimal Minutes)' Mudline Elevation (feet MLLW)' Project Depth Plus Overdepth (feet MLLW) Depth of Z Layer (feet) Target Core Length (feet)3 4 -1 33 36.0511 117 52.8686 -4.7 -12 0.5 7.8 4 -2 33 36.0004 117 53.1228 -3.0 -12 0.5 9.5 4 -3 33 36.0669 117 53.7612 -4.1 -12 0.5 8.4 4a 4 -4 33 36.2077 117 53.9797 - -12 0.5 - 4 -5 33 36.2545 117 53.7742 - -12 0.5 - 4 -6 33 36.2538 117 53.3953 -4.2 -12 0,5 8.3 4 -7 1 33 36.2179 117 53.0801 - -12 0.5 - 4 -8 33 36.4080 117 53.1960 -8.3 -12 0.5 4.2 4 -9 33 36.5500 117 53.2590 -5.5 1 -12 0.5 7.0 4 -10 33 36.3960 117 53.3380 -3.8 -12 0.5 8.7 4.11 33 36.5365 117 53.4513 -3.3 -12 0.5 9.2 4 -12 33 36.5790 117 53.5620 -4.8 -12 0.5 7.7 4b 4 -13 33 36.5310 117 53.8241 -6.4 -12 0.5 6.1 4 -14 33 36.6060 117 53.7260 -6.6 -12 0.5 5.9 4 -15 33 36.6770 117 53.7040 -4.8 -12 0.5 7.7 4 -16 33 36.6860 117 53.8570 -5.4 -12 0.5 7.1 4 -17 33 36.3733 117 53.9664 -4.1 -12 015 8.4 4 -18 33 36.3975 117 54.2375 -5.8 -12 0.5 6.7 5 -1 33 37.1626 117 56.1048 -5.0 1 -12 0.5 7.5 5 -2 33 37.2383 117 56.1647 -5.2 -12 0.5 73 5 5.3 33 37.1964 117 55.9130 -4.8 -12 0.5 7.7 5 -4 33 37.1269 117 55.9541 -4.5 -12 0.5 8.0 5 -5 33 37.0214 11755.89 7 -4.7 -12 0.5 7.8 Notes: 1 North American Datum 1983 2 Mudline elevations are based on lead line measurements conducted by Anchor QEA on May 15 and 16, 2013. Some stations were Inaccessible; therefore, elevation data are not available. 3 Target core lengths include depth to achieve project depth plus overdepth plus z layer. 34 of b0 Dredged Material Managernent'reun May 29, 2013 Page 7 REFERENCES Long et al. (Long, E.R., D.D. MacDonald, S. L. Smith, and P.D. Calder), 1995. Incidence of Adverse Biological Effects within Ranges of Chemical Concentrations in Marine and Estuarine Sediments. Environmental Management 19:81 -97. Newfields, 2012. Dredged Material Evaluation to Support the Renewal of Regional General Permit -54. Sampling and Analysis Report. March 2012. USEPA/USACE, 1991. Evaluation ofDredged Material Proposed for Ocean Disposal — Testing lllanual USEPA /USACE. USEPA 503/8- 91/001. USEPA, Office of Water (4504E). USEPA/USACE, 1998. Evaluation ofDredged Material Proposed for Discharge in Waters of the U.S. — Testing Manual: Inland Testing Manual (IT117). USEPA/USACE. USEPA- 823 -B -94 -002. USEPA, Office of Water (4305). Weston Solutions, Inc., 2005. Dredged Material Evaluation For the Renewal ofl?egional General Permit -54 Newport Beach, California. November 2005. 35 of 50 ATTAC H M E N'T A SAMPLING LOCATION FIGURES 36 of 50 SOURQ:ee.ulfrom bK�naps L6NMSM1Om CW of Ne`aWRBean. LEGEND: NOMONTAL DATUM: QB w 3 aune. Zane 6, NA06i VEl[nfAI OPTIM: mean 1pnrlowwnerlMLLW1 OOW Samplln8laotl AneU ARaaa Area le aea aB a ISOB Mal Am&S Pna3 v rip re. ANCHOR Overvim of Composite Am Boundaries anc Sampfng Lomzlan.3 . QEA RGP S6 Sediment Chan cenzall or 0 souRQ:W fi am noes antanee(rvm Gtr dnerpan flexn. XORIZOM WNM: Ulf.. Sole Mn., Zau 6, XnD1l. Vlan[M D>M.1'. moan b f rxer IMUWi. IFGEND: Oaa Adtlitiuvl aamp6ne LDOIiOm .lea ld Caa ,l-ea iv 1 !mb•n fee: m figure 4 o �E ANCHOR Area Boundary 1 and Proposed Sampling Laotians O1z 017A `i'v RGP 54 Sediment .'"t. araRerieacion 0 SD -A> from&� ID6M5 M1Am CSyi(newpirt &am. NO ow -DAN.: wlo wSUtc Nine, 2Cin 6, NAD63 MnWDAT :mea W ellP W(MLLYn. Q" AdMdwWUmpnn Lm _— Area2 I c soo 0 ?-ANCHOR F�ure s 1L Area Boundary Z and Proposed Sampling ncacons O1 Of "" RGP 54 Sediment Ctaramraatior 0 S�' Per011mm 0i, m.,, LmhM, rmm Gn e1 Newport Beam. MOMQ aL DATDM: QIA.la Stn, Plan, lone 6. NAD33. WITTIrAL SNTDM: mem lower lew w tv IMLLMA. LEGEND: 044 AddWc,mISempline LOOtlonp — Am.3 0 p so A q ?,ANCHOR c aa.ci Figure 6 Area Boundary 3 and Proposed Sampling LDcatlon9 RGP 54 Sediment Chamaerixatio^ g c` o e a a 0 E a b � se o� �s ffiE� EgE ,oz X05 pma {i wEif�ti fiM Y24eµ sU e C C3 O a ¢ YI O � 6 V1 'O n C (� N a Z 9 C J O m 4 °�,NjR 41 oT 50 a spax�:aeriai aomau¢nmpc uamzvom rnyor newppnneam xoa¢orvrxoatum: aumm�a sac wne,zonen, raroea. vsamutoanm+: m<a�ionerlw..aac lmutvi. s ccecrvv O0.: Addcional5ampfne Wncions Area 5 W 2, ? ANCHOR �anres ° � Area Boundary 5 and Proposed Sampling Locations o IDEA `aai RGP 54 Sediment Characterization EXHIBIT B SCHEDULE OF BILLING RATES 43 of 50 Anchor QEA, L.P. Page B -1 Anchor QEA 2013 BILLING RATES Professional Level Hourly Rates Principal CMI /Engineer /LAz /Planner/ Scientist ............... ............................... ...........................$219 Senior Managing Analyst /CM /Engineer /L.A /Pltouicr /Scientist. ..................... ...........................$199 Managing Analyst /CM/ Engineer /LA/ Planner / Scientist. .. ............................... ...........................$180 Senior Analyst /CM /Engineer /LA/Planner /Scienlist .................................... ..............................$ 160 Staff 3 Analyst /CM/ Engineer /LA /Planner/ Scientist ........ ............................... ...........................$145 Staff 2 Analyst /CM/ Engineer /LA /Planner/ Scientist ........ ............................... ...........................$130 Staff I Analyst /CM/ Engineer /LA /Planner/ Scientist ........ ............................... ...........................$110 SeniorCAD' Designer ..................................................... ............................... ...........................$115 CADDesigner .................................................................................................. ............................$98 Technician........................................................................................................ ............................$92 TechnicalEditor ............................................................................................... ............................$98 ProjectCoordinator .......................................................................................... ............................$92 Special Hourly Rates National expert consult ant ................................................ ............................... ...........................$361 All work by a testifying expert ........................... .............................t.5 times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling (per hour) ........::............................. ............................... .........................$10.00 Graphic Plots (varies with plot size) ................................................... :.................................. $3 -6 /sf Mileage (per mile) ...................................................... ............................... Current Federal Standard PEE ON LABOR AND EXPENSE CHARGES SubconD'acis /subconsultants ....................................................................... ............................... 10% Travel and other direct costs ....................................................................... ............................... 10% Fieldequipment & supplies ......................................................................... ............................... 10% This is company confidential document. I CNI= Coosouction Manager 2 LA = Landscape Architect CAD= Computer Aided Design 44 of 50 ATTACHMENT B RATE SHEET 45 of 50 Task Description (hourly Hours by labor Categories rtes shown in parent,eses) Tot.1 --ator Hours PrinGpal CM/ Engineer / LA/ Planner /S4iendst ($219) MOnaginCAnalyst/ CM /Engineer /IA/ Planner / Scientist ($1e0) Seni4rAnalyst /CM/ Engineer /IA /Planner /Sde tilt (5160) Staf:3Analyst /CM/ Engineer /LA /Planner /SdenOst 1516$1 Staff2Analyst /CM / Engineer /LA /Planner / Scientist (SLU) Staff L Analyst IAA Engineer /LA /Planner/ Scientist (5110) CAD Designer 15981 Prciet Ca4rdinzter (PAS) 15991 Task I Sediment Characterization Process 1.1SAP and DMMT Process 40.00 8.00 90.00 24.00 8.00 32.00 23.001 225.001 12 Sediment Field Work 30.00 70.00 80.00 1200 322.00 5.00 10.00 1 S29.001 1.3 Sediment Analvtical 26.00 45.00 65.00 '_'_6.00 1 1.4 SABantl DMMT Process 26.00 16.00 62. 00 12.00 24,00 12.00 1 "c.00 270.00 Task2 Regulatory AppM,,alProcess 2.1Pre- Application Meeting 10.0 10.00 18.00 11.Do 49.00 221Regulatory Permit Applications 48.00 112.00 L65.00 54.00 64.00 64.00 $8.00 595.00 23Newponspecinc Eelgmss Plan Implementation 48.00 40.00 40.00 12.00 8.001 4.00 8.00 S60.G0 Total Hours 88.00 256.00 500.00 102.00 65.00 438.00 137.00 158:09 15 Total Cost $49,932 546,080 $80.000 $14,790 58,450 545580 913,466 515,4.+1 a m 0 0 P ;a / of2 Task Total labor Con Subcommetor VnOa sts Subcontractor M.,I.p Total SubcontMdo, Costs Relmbursoble DireGCOSt4 Total Reimbursable Costs Equipment Direct Costs Equipment Markup Total Equipment Use, Total Direct Loses Total Car, Nate, Task 1 1.11 $ 34$10 1 5 $ $ 5 483 S 483 $ $ $ $ 683 $ 34,993 12 $ 70,600 $ 33,456 S 3,349 $ 36,835 5 31615 5 3,615 S 4,070 5 407 5 4,477 $ 44,927 5 115$27 13 5 18744 5 130,745 S 13.075 S 143,820 $ 725 5 725 5 $ 5 5 144,545 S 163,259 L4 S 25.634 5 5 $ $ 283 5 283 5 5 $ 5'. 283 5 25:917 Task 2 2.1 5 7,948 5 L600 S 160 5 1,760 $ 283 S 283 5 $ $ 5 21043 S 91991 22 S 86,835 $ 5,000 $ 500 $ $.500 $ 2,164 5 2,164 $ $ S - S 7.664 'S 94,502 23 5 27,908 5 2 ,500 $ 250 5 2.750 S 1.783 5 1.783 'S S 5 5 4,533 5 32,441 $272,182 $173,331 $17,333 $190,664 $9,335 1 59.335 $4,070 $407 54,47] 5204876 5476,660 A J O_ (n 0 Pa542 oft 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 officers, agents, employees and volunteers. 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, one million dollars ($1,000,000) 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a 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 Agreement, including coverage for any owned, hired, non -owned or rented 48 of 50 Anchor QEA, L.P. Page C -1 vehicles, in an arnount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (E=rrors & 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 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 elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 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 and its officers, officials, employees, and agents 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: 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 49 of 50 Anchor QEA, L.P. Page C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13. City Right to [Revise 17"eduirernents. 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. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 50 of 50 Anchor QEA, L.P. Page C -3 Attachment C City of Newport o tl Beac l NO. BA- 13BA -047 BUDGET AMENDMENT 2012 -13 AMOUNT: $so,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for professional services related to securing the City's Regional General Permit, which allows waterfront homeowners to dredge under their docks and to assist with final negotiations in obtaining approval of the City's Eelgrass Management Plan. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 230 3605 Tide & Submerged Land - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITUREAPPROPRIATIONS (3603) Description Description Division Number 7231 Tidelands - Capital Account Number C4401001 Newport Harbor Dredging Permit RGP -54 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $90,000.00 Automatic $90,000.00 Date Date Date