Loading...
HomeMy WebLinkAbout08 - Marina Park Biological & Environment MonitoringCITY OF NEWPORT BEACH City Council Staff Report March 11, 2014 Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director— (949) 644 -3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644 -3323 TITLE: Amendment No. 1 to the Professional Services Agreement with Anchor QEA, L.P., for Marina Park Biological and Environmental Monitoring Services Contract No. 3897 -H (CAP09 -0070) ABSTRACT: Anchor QEA, L.P. (Anchor) was retained in November 2013 to provide initial biological and environmental monitoring services and a formal monitoring Needs Assessment Plan for the Marina Park Project. The Needs Assessment Plan has now been completed, and additional funds are being requested for Anchor to provide required monitoring services for the construction phase. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Anchor QEA, L.P. of Mission Viejo, California, at a not -to- exceed cost of $113,325.00, and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the amendment. A total of $113,325.00 will be expended from the Marina Park project account number 7411- $4002002. DISCUSSION: go On October 3, 2013, the City received the Coastal Development Permit (CDP) for the Marina Park Project. The CDP was the last of the regulatory permit series required to start construction. As with other coastal projects, environmental and biological monitoring is required to meet the general commitments of the project's regulatory documents from outside agencies, including the U.S. Army Corp of Engineers, Regional Water Quality Control Board, and the California Coastal Commission. On August 12, 2013, staff solicited proposals to provide initial biological and environmental monitoring services and formal monitoring Needs Assessment Plan in conformance with the Marina Park regulatory permit conditions. Anchor was rated as the most qualified out of the proposals received. Subsequently, the City entered into a Professional Services Agreement with Anchor on November 7, 2013 for a not -to- exceed amount of $68,325.00. The comprehensive monitoring Needs Assessment Plan was completed and Anchor has identified the tasks and their frequency for the construction phase. Tasks under this agreement generally include the following: Eelgrass /avian /grunion survey and monitoring; Cultural, archaeological, and paleontological survey and monitoring; Biological compliance monitoring; and Water quality monitoring. Staff is now requesting Council approval of Amendment No. 1 to the PSA with Anchor in a not -to- exceed amount of $113,325.00 to provide biological and environmental monitoring services outlined in the agreement. ENVIRONMENTAL REVIEW: The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. No additional environmental clearances are required. 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: Name. D LOCATION MAP MAP H.odf n Anchor QEA Amendment No. One.odf Description: Location Map Amendment No. 1 to the PSA with Anchor QEA 109 BAY AVENUE -ELI a NTS V//////// PROJECT LOCATION NEWPORT CHANNEL w w m D= W.BALBOA BOULEVARD Iw w D w EAN FRONT WEST PACIFIC OCEAN MARINA PARK LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C- 3897 -H 1 3/11/14 110 UAar_Cy:hvtl=I►119 -3 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR MARINA PARK PROJECT — BIOLOGICAL AND ENVIRONMENTAL MONITORING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 12th day of March, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and Anchor QEA, 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. On November 7, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") to provide biological and environmental support services for the Marina Park Project ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated February 12, 2014, attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ( "Services" or "Work "). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates 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 One Hundred Eighty One Thousand Six Hundred Fifty Dollars and 00 /100 ($181,650.00), without 111 prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Thirteen Thousand Three Hundred Twenty Five Dollars and 00/100 ($113,325.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Anchor QEA, L.P. Page 2 112 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY A GT R I EY'S OFFICE a California municipal corporation Date: L Date: By: By: Aaron C. Harp Rush N. Hill, II City Attorney Mayor ATTEST: CONSULTANT: Anchor QEA, L.P., a Date: California limited partnership Date: By: By: Leilani I. Brown Steve Cappellino City Clerk General Partner Attachments [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Anchor QEA, L.P. Page 3 113 EXHIBIT A SCOPE OF SERVICES Anchor QEA, L.P. Page A-1 114 ANCHOR QEA. 27201 Puerta Real, Suite 350 Mission Viejo, California 92691 Phone 949.34 7,2780 _ February 12, 2014 Iris Lee, P.E., T.E. Public Works Department City of Newport Beach 100 Civil Center Drive Newport Beach, Callfon-da 92660 Re: Revised Scope of Work and Cost Estimate for Biological and Environmental Monitoring Services to Support Marina Park Package 2 Construction Dear Ms. Lee: Anchor QEA, LLQ is pleased to present this scope of work and cost estimate for biological and environmental monitoring services to support Marina Park Package 2 construction, and based upon our discussion following the Package 2 pre - construction meeting on January 30, 2014. This scope of work and cost estimate addresses a portion of the general commitments imposed in the project's regulatory documents, including the Mitigation Monitoring and Reporting Program (MMRP), the U.S. Army Corps of Engineers permit, the Regional Water Quality Control Board permit, and the California Coastal Commission Coastal Development Permit (CDP), collectively described as the project's environmental documents. This scope of work and cost estimate builds upon our existing contract from October 22, 2013, and only includes items and costs not previously authorized. Additionally, the timeline for the work proposed herein covers construction activities through the end of Package 2, as described in the contractor's schedule as being complete in early September 2014 (schedule dated February 3, 2014). Additional tasks will be considered under a separate scope of work according to subsequent design packages. www.anchorgea.com 115 Ms. Iris Lee, City of Newport Beach February 12, 2014 Anchor QEA assumes no liability in ensuring overall compliance with environmental commitments stipulated in the project's environmental documents, other than the specific tasks described below. TASKS Task 1: Project Management This task reflects project management and overall project coordination costs, management of subcontractors, and facilitation of ongoing communications and review requests with the City of Newport Beach (City) to manage the tasks listed herein. In addition, Anchor QEA will oversee that certain conditions in the project's environmental documents are implemented as part of the pre -, during, and post - construction phases of the project, as described and limited to the tasks described herein. To help facilitate this task, a member of the Anchor QEA team would call into all weekly project construction meetings through the end of Phase 2 constructions (through September 2014; 28 weeks total). The estimated cost for completing Task 1, including all subcontractor work, is $7,000. Please note that this amount builds upon our approved on -call services task from the October 2013 contract, Task 2: Pre -and Post - Construction Eelgrass Surveys Anchor QEA understands that the pre - construction eelgrass and Caulerpa txdfolia surveys completed in July 2013 by the City of Newport Beach Harbor Resources Department will not be valid for construction commencing during March 2014, and, therefore, new pre - construction eelgrass and C. taxrfolia surveys are required as part of the project's environmental documents for the proposed dredge area. Anchor QEA will coordinate the site survey for the presence of eelgrass and C. taxifolia in the proposed dredge area. The survey will be accomplished by a subcontractor, EcoMarine Environmental, LLC. Anchor QEA will document and submit survey results to the City. The cost to complete the survey assumes only the Marina Park dredge location would be surveyed; additional surveys of the potential beach nourishment sites are not included, The estimated cost for completing 116 Ms. Iris Lee, City of Newport Beach February 12, 2014 the survey is $4,325. Please note that this amount builds upon our approved eelgrass survey task from the October 2013 contract. Task 3: Biological Compliance Monitoring During Construction Anchor QEA and our subcontractor, Keane Biological Consulting, will conduct biological compliance monitoring during construction pursuant to the criteria set forth in the CDP and MMRP. As part of this task, Anchor QEA will discuss biological monitoring requirements with the California Coastal Commission (CCC) with the goal to reduce the level of effort and monitoring intensity described herein. I£ CCC agrees with our reduced monitoring effort, then costs will be less than those presented in this scope of work and cost estimate. Weekly biological compliance monitoring will be required through the duration of the project: This monitoring will be conducted by a member of the Anchor QEA team, and it is assumed to be accomplished in one 5 -hour day. This monitoring will be conducted on the same day as the weekly meeting, which is assumed to be completed within the 5 -hour day. The weeldy surveys will include surveys of trees and sediment deposit (beach nourishment) sites on and adjacent to the project site (within 500 feet of any construction activities) once a week upon commencement of construction activities. Pursuant to the CDP, daily monitoring will be required during beach nourishment activities, which are assumed to be conducted during a 3 -week period as part of the Marina Basin Construction. Assumptions specific to 'T'ask 3 include the following: • ' Weekly monitoring will be sufficient to satisfy the requirements of the CDP and MMRP, with daily monitoring to occur only during beach nourishment activities. • Weekly monitoring will be necessary for 28 weeks. • A weekly monitoring day is defined as a 5 -hour work -day for one member of the Anchor QEA team and includes participation in the weekly meeting. • Daily compliance monitoring will be necessary during beach nourishment activities (assumed 3 -week duration at 10 hours per day). • Weekly reports to the CCC and the CDFW (if required) will be submitted after the 117 Ms. Iris Lee, City of Newport Beach February 12,2014 Page 4 completion of weekly monitoring. Daily reports will not be required during beach nourishment activities. Up to 6 days of additional monitoring have been included, which may include the possible encounter of sensitive species (if notified by the contractor) or additional meetings. The estimated cost for completing Task 3, including all subcontractor work, is $41,500. Task 4: Cultural, Archaeological, and Paleontological Surveys and Monitoring These surveys would be accomplished by a subcontractor, Palen Solutions. The paleontologist will conduct daily observations during inland grading activities and conduct salvage excavation of paleontological resources. During the period when paleontological sediments are being disturbed, the paleontologist shall attend the preconstruction meeting to discuss, and be informed of, site - specific procedures and establish communications. As part of this task, Anchor QEA will discuss cultural resources monitoring requirements with the City with the goal to reduce the level of effort and monitoring intensity described herein, if the City agrees with the reduced monitoring effort, then costs will be less than those presented in this scope of work and cost estimate. The paleontologist shall provide paleontological constriction monitoring of ground - disturbing activities that occur at when paleontological sediments are being disturbed. Although no cultural resources sensitive areas are anticipated to be impacted, the Orange County Certified Archaeologist and Native American monitor will be available on an as- needed basis. Paleontological monitoring shall include inspection of exposed rock units during active excavations within sensitive geologic sediments (older alluvium and/or marine terrace deposits). The qualified Paleontologist and/or archeologist shall have authority to temporarily divert excavation operations away from exposed fossils and/or artifacts to collect associated data and recover the fossil and/or artifact specimens if deemed necessary, if a discovery is immanageable by one monitor, additional assistance will be called. upon, evaluated by the qualified paleontologist and /or archaeologist, and a change order would be required. 118 Ms. Iris Lee, City of Newport Beach February 12, 2014 At the completion of construction, a Paleontological and Archaeological Monitoring Report will be prepared and document the final results of monitoring. It will include the methods and results of monitoring activities, provide an inventory, and document the significance (identification) of any paleontological and/or cultural resources discovered and collected during monitoring, if any. The report includes addressing comments from the City. Assumptions specific to Task 4 include the following: • Monitoring in paleontological sensitive areas will not exceed 20 days of grading activities, including no additional overtime. • Grading will not occur in more than one area or it will become unmanageable by one monitor. • Unanticipated fossils or artifacts will not be found. If found, we will submit anew scope of work detailing the cost(s) to salvage and/or wetscreen and prepare the fossils for curation, identification, and/or excavation, including additional analysis for the final technical report. • No large recoveries will be necessary and no additional materials or staff members will be needed to complete the small recoveries. • No storage and /or transport of specimens will be required. • No human remains -will be discovered. The estimated cost for completing Task 4 is $60,500. Please note that this amount builds upon our approved Cultural, Archaeological, and Paleontological Surveys and Monitoring task from the October 2013 contract. SUMMARY OF COSTS Anchor QEA is requesting authorization to proceed with this scope of work with a not -to- exceed cost of $113,325 (Exhibit B ). We will perform these tasks on a time- and - materials basis, according to our standard rate sheet (. Exhibit B j. We will only bill for time and materials actually expended. 119 EXHIBIT B SCHEDULE OF BILLING RATES Anchor QEA, L.P. - - - -- - - - -- - -� -- Page B -1 120 Ms. Iris Lee, City of Newport Beach February 12,2014 Table 1 Estimated Costs Task Description Amount Requested 1 Project Management $7,000 2 Pre- and Post - Construction Eelgrass Surveys $4,325 3 Biological Compliance Monitoring During Construction $41,500 4 Cultural, Archaeological, and Paleontological Surveys and Monitoring $60,500 Total $113,325 SCHEDULE Anchor QEA will begin this scope of work immediately upon authorization to proceed from the City under our existing contract. 121 Anchor QEA, L.L.C. 2014 BILLING RATES Professional Level Hourlv Rates Principal....................................................................... ............................... $225 SeniorManager ..................... .................. I ...... ....................... ...........................$199 Manager....................................................................................................... ............................... $185 SeniorStaff :...................................................................... ............................... ........................... $165 Staff3 ............................................................................... ............................... ........................... $145 Staff2 ............................................................................... ............................... ...........................$130 Staff1 ............................................................................... ............................... ...........................$110 SeniorCAD' Designer ..................................................... ............................... ...........................$115 CADDesigner .................................................................................................. ............................$98 Technician..................................................................................................... ............................... $ 95 TechnicalEditor ............................................................................................... ............................$98 ProjectCoordinator .......................................................................................... ............................$92 Special Hourly Rates National expert consultant ................................................ ............................... ...........................$370 All work by a testifying expert ............................ ............................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling (per hour) ....................................... ............................... .........................$10.00 Graphic Plots (varies with plot size) ....................................................... ............................... $3 -61sf Mileage (per mile) ...................................................... ............................... Current Federal Standard FE ON LABOR AND EXPENSE CHARGES Subcontracts /subconsultants ........................ ............................... ............................... 10% Travel and other direct costs ....................................................................... ............................... 10% Fieldequipment & supplies ......................................................................... ............................... 10% This is a company confidential document. I CAD = Cowputer Aided Design 122