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HomeMy WebLinkAbout13 - Marina Park PSA with Newfields LLCCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 July 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Mark Reader, Project Manager 949 - 981 -5260, mreader @city.newport- beach.ca.us SUBJECT: MARINA PARK - PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS LLC FOR BIOLOGICAL, CHEMICAL AND TOXICITY SAMPLING AND ANALYSIS OF MARINE SEDIMENTSIORGANISMS RECOMMENDATION: Approve and authorize the Mayor to execute the attached agreement with NewFields LLC for conducting biological, chemical and toxicity sampling and analysis of marine sediments /organisms, including disposal review /reporting and permitting for the Marina Park project at a not to exceed price of $114,100. DISCUSSION: On November 13, 2007, City Council approved the Marina Park Concept Plan & Final Master Plan report and authorized the City Manager to bring forward a contract for the schematic design phase of the Marina Park project and proceed with preparation of CEQA documents. On March 25, 2008, the City Council approved professional services agreements with Rabben /Herman Design Office for the preparation of schematic design services and with Michael Brandman Associates for preparation of the Environmental Impact Report (EIR) for the Marina Park project. In addition to approving these two contracts, Council approved a budget amendment appropriating $1,070,727 from the unappropriated General Fund balance to Account No. 7411- C4002002 (Marina Park) to fund the design and CEQA work, as well as other needed supplemental work efforts. This amount included $200,000 to cover future marine sediment/organisms analysis and material disposal. In March 2008, the consultant team was still making various assumptions on the amount and type of soil sampling and analysis needed to further determine if the proposed dredged spoils could be used for beach replenishment and/or would need to be scheduled for ocean disposal. The city solicited proposal for the worst case scope of work and received proposals from two firms, NewFields and Weston Solutions. Staff used this information to establish a $200,000 budget. PSA with NewFields for Marina Park July 8, 2008 Page 2 During this same time period, NewFields was also presenting an amendment to their existing work contract with the Harbor Resources Department for Sediment Investigations Supporting Dredged Material Management within the West Lido and Newport Channels. The Harbor Department and Public Works Department met with Newfields and determined there would be a cost savings to have these two projects done simultaneously. Based on the synergy of these two projects, NewFields was also selected to provide the analysis for the Marina Park Project. On May 16th, geotechnical borings were taken throughout the Marina Park Project site. At staffs request, Newfields was at the site during the geotechnical boring phase. Based on the preliminary sediment data collected by NewFields and the project geotechnical consultant, Terra Costa, the majority of the excavated material from the new marina area is expected to be used for beach sand replenishment. Staff now recommends that Council approve the attached proposal with NewFields for $108,250 to provide biological, chemical and toxicity sampling & analysis of marine sediments /organisms for the Marina Park project. Under the proposal, NewFields will take approximately 16 samples for analysis from two areas within the Marina Park Marina, the upland portion and the current marine intertidal and subtidal areas. This sampling will be coordinated with on -going marine sediment /organism evaluations being conducted in support of the Harbor Resources Program. NewFields will also assist with obtaining any Regulatory Agency reporting /permitting /approval for beach nourishment and/or open ocean disposal at LA -3 of the dredged sediments. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Description Account Number Amount General Fund 7411- C4002002 $114,100 Total: $114,100 Submitted by: Attachments: Professional Services Agreement with NewFields LLC Marina Park Site Plan Exhibit Badum s Director PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS COMPANIES, LLC FOR THE MARINA PARK PROJECT THIS AGREEMENT is made and entered into as of this day of , 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and NEWFIELDS COMPANIES, LLC, a Georgia Limited Liability Company, whose address is 1349 West Peachtree Street, Suite 2000, Atlanta, Georgia 30309 ( "Consultant'), 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 is proceeding with schematic design and completion of the CEQA documents for the Marina Park Project.. C. City desires to engage Consultant to Act as the technical consultant and provide technical studies relating sediment and soil sampling and analysis for the project, assist with Regulatory Agency Permitting and provide Technical Support for Agency Review as outlined in NewField Companies, LLC Scope of Services referenced as Exhibit "A" for the Marina Park Project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Bill Gardiner, Partner /Senior Scientist . F. 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 above written date, and shall terminate on the 31st day of June, 2009, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure.by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eight Thousand Two Hundred Fifty Dollars and no /100 ($108,250.00) 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. 4.1 Flat Rate Tasks: City shall pay Consultant for the services identified as Tasks 1, 2, 3, 4, 5, 6 and 7, outlined and defined on the Schedule of Costs by Task, attached hereto as Exhibit A and incorporated herein by reference, on a flat rate, not to exceed basis in accordance with this Section and Exhibit A. Consultant shall submit invoices after the completion of each flat rate task as defined in Exhibit A to City with a brief description of the.services performed and/or the specific task in the Scope of Services to which it relates. City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff. 4.2 Time and Expense Tasks: City shall pay Consultant for the services identified as Tasks 8, 9, and 10, outlined and defined on the Schedule of Costs by Task, attached hereto as Exhibit A and incorporated herein by reference, on a time and expense basis, at a not to exceed rate in accordance with the provisions of this Section and Exhibit A. Consultant 2 shall submit monthly invoices to City describing the work performed the proceeding month for tasks completed on a time and expense basis. 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 A 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) days after approval of the invoice by City staff. 4.3 City shall reimburse Consultant only for those costs, materials or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall riot receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid In accordance with the Schedule of Billing Rates as set forth in Exhibit A. 4.5 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. 5. PROJECT MANAGER 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 Bill Gardiner 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 3 H shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. ADMINISTRATION This Agreement will be administered by the Public Works Department. Mark Reader, PE shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of El whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or 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 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, attorney's 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 the negligence, recklessness, or willful misconduct of the Consultant or 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. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in-this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 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. 5 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 and/or his/her duly authorized designee 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of Insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any 7 self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any 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 cotenancy, 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 City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor. and the 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 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. 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticiy plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City `As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of. or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of 9 such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant . shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work 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. 23. 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 10 shall have an Immediate right to appeal to the City Manager or his/her 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. 24. 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 paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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. 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. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Mark Reader Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 11 Phone: 949 - 981 -5260 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Ms. Ginger Hicks Company NewFields Companies and its Affiliates Address 1349 West Peachtree Street Suite 2000 City, State Zip Atlanta Georgia 30309 Phone: (404)347 -9050 28. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 12 31. 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. 32. 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. 33. 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. 34. 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. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. 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. 37. 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 or age. 13 IN WITNESS WHEREOF,. the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: A c Aaron C. Harp Assistant City Attorney for the City of Newport. Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Ed Selich Mayor for the City of Newport Beach CONSULTANT: M (Corporate Officer) Title: Print Name: 0 (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services, Schedule of Cost by Task f: \users\pbw\shared\agreements \fy 08- 09\newfields- marina park.doc 14 z� g Mark Reader City of Newport Beach . Newport, California 92660 Dear Mark, June 20, 2008 We are pleased to provide you with,a proposal for conducting an environmental evaluation in support of the Marina Park project: Based on our previous meetings, it is our understanding that the City is in the process of preparing the Environmental Impact Report (EIR) for the CEQA process and submitting permit applications in support of the Marina Park project, located on the Balboa Peninsula. The Manna Park project includes the expansion of existing beach areas and marina facilities, including the conversion of approximately 47,000 square feet of uplands to a 28 -slip marina. Sediment and soils throughout the manna complex will be excavated to accommodate the project depth of 'PO ft. MLLW plus a 2 ft. overdredge. Based on previous soil and sediment data collected by NewFields and Terra Costa from the site, the majority of the excavated material is expected to be available for on -site beach replenishment and expansion. It is also anticipated that a portion of the material will need to be disposed of either at the LA -3 ocean disposal site or upland, either as clean fill or as contaminated material. As part of the permit application process, each of these options will be evaluated to assist the City and the resource agencies, in deciding the eventual fate of the excavated material. Existing data collected in the vicinity of Mafiria Park will be used to maximize the amount of material eligible for beach replenishment and minimize the need for alternative placement. NewFields is proposing to conduct A sampling and analysis program and an options analysis that determines soil /sediment suitability for both in -water and upland options. In order to provide time and cost savings, this program will, be conducted in conjunction with an ongoing sampling and analysis program that is being conducted in Lower Newport Bay for the Harbor Resources Division. In addition, NewFields,.,in conjunction with Thomas Johnson PhD, will assist the City with permitting and agency coordination. Dr. Johnson has extensive regional permitting experience both with the Fort of Long, Beach and as an independent contractor. NewFields staff members also have close working relationships with the regional agency personnel and have supported the City and; private clients on dredged- material management issues in Newport Bay. The following proposal outlines our proposed approach, the underlying assumptions, and the estimated costs associated with each 'element of this proposal. NEWFiELDS, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 General Approach Excavated soils and sediment may be disposed of in two ways, in -water disposal and upland disposal. In -water disposal for Newport Bay typically includes beneficial reuse within the Bay or open -water disposal at the. LA -3 Disposal Site. In -water disposal requires an evaluation following US Army Corps (USACE) and US Environmental Protection Agency (EPA) guidelines to determine its suitability for beach replenishment or ocean disposal. Upland disposal includes clean fill, construction, disposal at a landfill, or disposal at a contaminated materials waste facility. Disposal at these facilities generally requires soil chemistry analysis and some type of leaching tests, such as a WET test, to determine if chemicals can be mobilized by rain water. To support the project goals, we propose to sample and evaluate soil and sediment from two areas within the Marina Park project area: the upland portion of the proposed marina and the current marine intertidal ;and subtidal areas. We would recommend considering these areas as separate dredged management units since the soil /sediment type and contaminant history is substantially different. The upland portion of the site is dominated by sand, which is likely to qualify for beach replenishment and would require minimal analyses. The marine portion of the site includes finer grained sediment overlying sand. Based on data collected by NewFields for the City, there is an indication.that a vertical division of the marine portion of the site into two dredged - material management .units (DMMUs) may provide the City with the best options for disposal. The surface material is, finer- grained sediment that may have some contaminants present and would not be eligible for beach nourishment. The deeper sediment is comprised of clean sand that may; qualify for beach nourishment.. By separating these samples by depth (based on sediment type), the City would be able to. maximize the amount of material eligible for beach replenishment — and would minimize the amount of material that would require more costly disposal options. All samples will be collected to design depth plus a 2 ft. overdredge. Upland soils will be sampled in six locations by Gregg Drilling Consulting Group Inc. Because the upland soils are marine in nature, they will be evaluated for beach replenishment options. Based on data collected by Terra Costa and NewFields, it is likely that this would include grain size analysis and confirmatory chemistry analysis. Marine sediments from the in -water portion of the site will be collected by NewFields from a total of eight subtidal stations using a vibracore sampler, allowing the recovery of the deeper coarse sands. A surface and subsurface composite would be evaluated under the USEPA/USACE requirements for ocean disposal and beach replenishment. Samples will be analyzed for physical and chemical characteristics, including sediment grain size, total organic carbon, metals, and organic _contaminants of concern (COCs). Both toxicity tests and bioaccumulation tests will likely . be required by the regulatory agencies to determine disposal options for the marine sediments collected from the subtidal stations. Potential biological effects (mortality or abnormal development) of the sediments from subtidal stations will be evaluated using laboratory toxicity tests of the solid -phase and suspended - particulate phase of test sediments. Laboratory bioaccumulation `tests will also be required in order to determine the potential uptake of COCs into tissues. Marina Park soils and sandy .sediments will be compared to requirements for beach nourishment under Regional General Ilermit 67. (RGP -67) or under an individual permit. Marine sediments NEWFIELDS, LLC. PO Box 2.16, 4729 Nt View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 that do not qualify for beach nourishment. (either due to grain size or presence of COCs) will be compared to the LA -3 disposal site reference sediment to evaluate their suitability for open -ocean disposal at LA-3. In each case, the proposed approach will be modified to incorporate testing results and to streamline the evaluation process. For example, if all sediment within a DMMU meets the beach replenishment criteria, further evaluation, such as bioaccumulation, may not be necessary. Likewise, if. COCs. are not present in sediments or soils, evaluation for the bioaccumulation potential of those COCs will be unnecessary. Because of the short timeline for sampling and analysis and data submittal, coordination with the agencies will be critical. NewFields,_ in conjunction with Dr. Johnson, will help to facilitate agency coordination, involving the agencies at key points throughout the project. We have found that previous projects have benefited from agency coordination and review at critical points of the evaluation. In particular, the agencies will be invited for review and comment of the sampling and analysis plan, the sediment chemistry data (to determine the need for bioassay and bioaccumulation testing and a COC list for bioaccumulation testing), and during the interpretation of the test results. Based on NewFields previous and current experience in Newport Bay, the following program modifications are suggested for incorporation into the testing program. Specific Program Modifications: Coordination with Ongoing Sampling Programs: NewFields will conduct the sampling and analysis program in coordination with,on -going sediment evaluations being conducted in support of the Harbor Resources program. Depending upon project schedules, significant time and cost savings may be realized during field sampling, sample analysis batching, use of reference values to be established for the LA-3 Reference site (rather than collecting and testing the reference material), and coordination -with regulatory agencies. NewFields has already coordinated with EPA regarding beach replenishment options for Marina Park during broader planning meetings with the Harbor Resources division and EPA Region 9. Maximizing Beach Nourishment Oytion's: The amount of excavated material that is eligible for beach nourishment will be maximized by. using historic data regarding the origin of soils above mean high tide, using existing data collected from the site, and compositing strategies. Balboa Peninsula soils below mean.high tide are eligible for beach nourishment, however, sediment from above the high tide line can only be considered for beach nourishment if the surface soils were originally marine sediment relocated to the Peninsula (i.e., dredged material). NewFields will use historic data from the site to maximize the volume of material considered for beach nourishment. Some surface material (top one to two feet) would also be considered for on- site application as clean fill. As part of planning efforts for Marina Park, NewFields collected samples of Marina Park soils for metals aid DDT analysis. Samples were analyzed to determine the likelihood that soils would be eligible for beach nourishment. Based on this data, it appears that the COC's commonly found in Newport Bay are: not present in project soils. Existing data will be used to limit the amount of additional Sampling and analysis that would be required to determine suitability. NEwFIELDS, LLB,'. PO Box.216, 4729 NE View Drive, Port Gamble, Washington 98364 Te'c: (360) 297 -6040 In a recent evaluation of West Lido Channel', NewFields collected core samples from the vicinity of the Marina Park project site. Marine sediments at the site appear to be comprised of fine - grained sediment overlying sand. While the surface material is too fine- grained to qualify for beach nourishment, the underlying sand would likely qualify. By creating two vertical composites, the bottom material can be considered for beach nourishment. If the underlying sand is free of chemical contamination and matches the receiving beaches in grain size, that material may not require biological testing or bioaccumulation testing. That would reduce the costs associated with -the. biological testing tasks, as well as reduce disposal costs. Likewise, if the surface materials require 6ome,type of alternative disposal due to chemical contamination, the vertical compositing strategy would greatly reduce the volume of material. DDT Tissue Burdens:... Based on observations from sediment investigations that NewFields has recently completed in the vicinity,of the proposed Marina Park, sediment from the project area may contain DDT analogs and mercury. Generally, when contaminants are observed in sediment, the final determination of suitability is based on the bioavailability of the contaminants of concern (COCs). Bioavailability is determined, in part, by COC tissue concentrations from the bioaccumulation tests. For DDT, EPA also uses a standard multiplier of 2.9, since it is believed that DDT does not reach equilibrium during the 28 -day bioaccumulation test. Recent evaluations.of. DDT. in ; sediment from Lower Newport Bay by NewFields indicated that because of the observed mixture of DDT analogs, a site specific multiplier of approximately 2 provided a better estimate of total DDT tissue concentrations (as discussed with EPA Region 9). If DDT analogs are present in tissues from the bioaccumulation tests conducted with Manna Park sediment, an assessment of risk will be based on site - specific multipliers. Mercury in Sediment: There are also some indications that the sediments from the Marina Park project area may contain mercury. If so, the potential bioavailability will be assessed during toxicity and bioaccumulation tests. However, if the ,sediment may be used for beneficial reuse, WET (Whole Effluent Toxicity) tests may need to be conducted to evaluate the potential for mercury (or other analytes found in the sediment) to leach into the receiving waters. This is not included in this proposal, but may be required, depending upon the sediment chemistry results. Sediment Grain Size: Sediment in Lower Newport Bay is dominated by very fine clay ( <2 gm diameter). Previous investigations by NewFields have shown that the clay fraction can influence the outcome.. of the arnphipod tests conducted with Eohaustorius estuarius (a test species commonly used in'Newport Bay.evaluations). If sediment from the site is dominated by fine clay, amphipod tests . will die conaucted with the fine- grained tolerant species, Ampelisca abdita, or some other suitable species. NEW FIELDS, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 PROPOSED APPROACH Task 1: Sampling and Analysis Plan Under this task, a sampling and analysis plan (SAP) will be prepared for review by the City and to support initial discussions with EPA, the USACE, and other resource agencies prior to conducting the sediment evaluation. Based on previous investigations we have performed in the Newport Bay area, we would expect an initial conference call with the EPA and USACE prior to sampling. This task would 'include supporting any initial agency negotiations and includes support by Dr. Johnson during SAP preparation and initial agency meetings. The SAP will provide the following information: • Project background and justification, • Sampling and comgositing strategy, including sampling methods and station locations; • Chemical and biological methods; w • Quality assurance, and quality control measures; • Chemical detection limit's and performance standards; and, • Analytical methods and basis for data interpretation. Task 2: Field Sampling and Sample Processing We propose to sample approximately 14 stations within the Marina Park project area, representing three dredged materikl' management units (DMMUs). Stations locations will be selected based on historic uses in the area, geotechnical information about the upland site, and sediment data from recent surveys (NewFields), with the intent that the material evaluated during this investigation is:representative of the excavated soil /sediment. Sediment will be collected to project depth plus a two -foot overdredge. - Sediment cores are expected to be 3 to 6 ft. in length. Soil cores are expected to be 13 to 18 ft. in length. Soil coring will be conducted by Gregg Drilling. The coordinates for each station will be recorded using dGPS and the length and general characteristics of each core wilLbe recorded in field logs. Cores from the appropriate stations will be composited into 3 analytical samples. In addition to evaluating the 1 area composites, sediment will be collected from the reference site for the currently designatedIA -3 disposal site. The reference sediment will provide a point of comparison for material proposed for placement at the ocean disposal site. LA -3 sampling may not be required if a reference value is established as part of the Harbor Resources sediment program. Field sampling is expected to require one day for marine core sampling and one day for upland drilling. An additional contingency day in included in this estimate. This estimate is based on the assumption that the site and needed drilling locations will be available to the drilling team. y Task 3: Chemical Analysis of Sediment Samples and Test Composites NEwFIELDs, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 Chemical analysis will be performed on each of the three test composites, as well as the LA -3 reference sediment. All stations will be evaluated for sediment grain size and total organic carbon (TOC). Sediment grain size is critical to beach nourishment suitability determinations. Grain size data for individual stations allows groups of stations to be "recomposited" based on grain size, maximizing the amount of material that can be used for beach replenishment. In addition, sediment from each station will be frozen for archive in case future chemical analysis is required. Composites will be analyzed for sediment grain size, TOC, and a suite of EPA priority pollutants, including metals (including mercury), polycyclic aromatic hydrocarbons (PAHs), chlorinated pesticides (including 2,4' and 4,4' DDT groups), polychlorinated biphenyls (PCB aroclors), and organotins. Analytical Resources Inc. of Tukwila, Washington will perform the chemical analysis. This laboratory has conducted previous studies in the Newport area and we have a close working relationship with their chemists. Analytical precision and accuracy will be evaluated using quality assurance/quality control (QA/QC) samples with each analytical batch. QA/QC analysis will include blanks, lab - control spikes, and matrix spike/matrix spike duplicates. NewFields will evaluate all chemistry QA/QC data and its potential implications on the analytical results from the test samples. Task 4: Biological Testing of Sediment Composites Two marine composites will be evaluated for potential biological effects related to the dredging And placement of the proposed dredged material will be evaluated following EPA and USACE guidance for dredged material . evaluation (the Ocean Testing Manual and the Inland Testing Manual). Tests will include laboratory evaluations of both the solid -phase and the suspended - particulate phase of the two test composites, The solid -phase tests provide an estimate of toxicity to benthic organisms at the disposal site. Solid -phase tests will include 10 -day acute tests with an amphipod;. Ampelisga abdita or Eohaustorius estuarius, and the mysid shrimp, Americamysis bahia (formerly Mysidopsis bahia). The suspended - particulate phase (SPP) tests provide an estimate of toxicity to water column organisms exposed to sediment as it falls through the water column at the disposal site It. can also provide an indication of water - column toxicity that might be encountered during the dredging process. SPP is the liquid portion of a 1:4 sediment/seawater slurry that is designed to simulate the dredging process. SPP tests will be conducted with a dilution series of 10 %, 50 %, and 100% SPP for each of the test composites. Reference sediments are not included 'in the SPP test. SPP tests will be conducted with the fish, Menidia beryllina, the mysid, A. bahia, and larval mussels (Mytilus sp.). Each test will include a negative control treatment that is run concurrent to the test sediments and will be the native sediment collected with the test organisms (for the solid -phase tests) or clean seawater (for the SPP tests). A reference - toxicant test will also be conducted with each batch of test organisms to determine the relative sensitivity of the test organisms. Water quality parameters will. be measured iii all replicates at test initiation and termination, and in one NEWFIELDS, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 replicate per treatment daily during the test. Parameters to be measured during this testing program include temperature, pH, dissolved oxygen, and salinity. In addition, bulk sediment pore -water ammonia will be measured prior to testing and pore water ammonia will be measured for each treatment on days 0 and 10. Following test termination, all data will be evaluated for adequate control performance. Task 5: Bioaccumulation Testing'of Sediment In order to evaluate the potential for sediment - associated chemicals to accumulate in tissues of benthic organisms at the disposal site; 28 -day bioaccumulation tests will be conducted with the clam, Macoma nasuta, and the marine worm, Nephtys caecoides. During the bioaccumulation test, clams and worms are exposed toiest sediments for 28 days. Following the exposure period, the test organisms are held for 24 hours in clean seawater to void any sediment that may remain in the gut. A native control sediment and LA -3 Reference sediment will be tested concurrent to the test treatments. Tissues from each of the test treatment and reference replicates will be frozen and sent for chemical analysis atARI. Bioaccumulation testing may not be required by the agencies in the underlying marine sand. An alternative testing cost is provided that reflects one treatment and the LA -3 reference. Task 6: Tissue Chemistry Tissues from the bioaccumulation tests will be an for chemical residues. This proposal includes costs for conducting a broad suite of chemical analysis, however, it is likely that the analyte list can be refined following receipt of the sediment chemistry results and would dramatically reduce analytical costs. Previous investigations have indicated that the primary COCs in Lower Newport. Bay are DDTs, mercury, and organotins. It is possible that the analyte list could be limited to this subset of analytes. Because each replicate from each treatment for each species is analyzed for tissue residues, the estimated number of analytical samples is. 30 (15 for clams and 15 for worms). In addition, 3 background tissue. samples will be analyzed. As with the sediment analysis, QA/QC samples will be analyzed concunetrt to test samples and will be evaluated by NewFields. As in Task 5, if bioaccumulation testing is not required for the underlying sand, an alternative analytical cost is provided that reflects one treatment and the LA -3 reference. Estimated total cost does not include. PAHs or PCBs which have not historically been included in bioaccumulation tests from this area Task 7: Data Analysis and Reporting All chemistry and biological testing results and ancillary data will be entered into an Excel spreadsheet. For the solid. phase tests, the limiting permissible concentration (LPC) for ocean disposal is based on statistical and numerical comparisons between the test composites and the reference treatments. For the SPP tests, the limiting permissible concentration (LPC) will be calculated using the STFATE model. The final report will include a summary of methods used and any deviations from the protocols, a summary of all sediment and water chemistry, toxicity and bioaccumulation testing data, all raw data, reference- toxicant response, summary of water quality data, and chain -of- custody NEWFIELDs, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 forms. A discussion of QA/QC results and their implications on the test data will also be presented. Both electronic and hardcopy versions of the report will be provided. Task 8: Water Chemistry and monitoring Water quality monitoring during construction will. be required by the USACE and the RWQCB. Beach nourishment' programs require turbidity monitoring and a biological impact report. It is unclear what. additional parameters, will be required or what frequency of monitoring will be needed. These details will be determined during permitting. Past programs have required the analysis of total suspended solids, dissolved oxygen, pH, and project specific chemical contaminants of concern. The type of sampling equipment and the scope of work will be determined once the parameters are known. NewFields will work with the City to develop a scope of work once the permit requirements have been determined. Task 9: Permitting SupRart, Options /Alternatives Analysis Based on the data collected during the soil /sediment evaluation, NewFields will prepare an Options / Altematives Analysis, reviewing the in -water and upland disposal options available to the City. NewFields and Thomas Johnson Will provide permitting support, including meetings with the City, USACE, RWQCB, Coastal Commission, and stakeholders to help define feasible disposal options for soils and sediments. Permit applications for USACE, the RWQCB, and, if necessary, Coastal Commission would be completed under this task. It may be that those agencies will use the combined application developed by the LA CSTF. Task 10: Technical Support for Agency Review During previous investigations, NewFields staff members have assisted clients in presenting the results of sediment. investigations to USEPA, USACE, and other resource agencies. This is particularly helpful for project with a short timeline. At your request, we will facilitate a joint meeting to report the results of this investigation and to work with USEPA in determining disposal options for the proposed dredged material. It is difficult to determine the total cost for this task, as it will depend largely on the data generated during the study. This task is typically billed as time and materials based on rates of $130/hr for Mr. William Gardiner, $135/hr for Dr. Thomas Johnson, and $160/hr for Dr. Jack Word. NEWF1ELDs, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 Estimated Costs This section outlines the estimated costs, by task, as described in the sections above. It is highly likely that only a few analytes. will. be required for tissue analysis, which would substantially reduce the costs of Task 7. In addition, it is likely that one or more DMMUs will not require bioaccumulation testing at all, further reducing project costs. Summary of Proposed Cost Summary by Task Task._ Name aiirl Nitttiber host for Task 1. SAP preparation and Agency Approval $6,500 2. Sediment Sampling and Sample Processing $18,500 includes cost for Gregg Drilling 3. Sediment/Soil Chemical Analysis $8,500 4. Biological Evaluation $16,000 5. Bioaccumulation Testh -ig $12,500 for two composites and LA -3 $8,300 for one composite and LA -3 6. Tissue Chemistry $22,100 maximum 7. Data Analysis and Reporting $12,000 8. Water Quality /Monitoring TBD 9. Permitting Support/Options Analysis /Agency Coordination $18,000 Estimate includes time and materials for permit applications and coordination by Thomas Johnson. 10. As Needed Technical Support T &M (estimated $10,000) The total cost for this program would be $114,100 with complete tissue chemistry. As mentioned above, it is highly unlikely. that the full suite of tissue chemistry will be required and will depend on the soil and sediment chemistry results. A specific cost schedule by analyte is presented in NEWFIELDS, LLC. PO Box 2i6, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 Estimated Analytical Costs for Tissue Chemistry on a per Sample Basis Axial tical Pardnieter^ ` Number of Sam s If bioaccumulation Testing is required for twm LA -3 ? Tissue Homogenization 30 340 Lipid 30 2,079 _ DDT (acid rinse run with chlorinated pesticides) 30 2,010 CI -Pest 30 4,782 Total Metals 30 30 7,000 "6,098 Bu (tins PAH 30 5,891 PCB aroclors, 4 b- detection limit] 30 "6,237 $22,100 If bioaccumulation testing is, required for.'o.ne composite and LA.3 " 231 Tissue Homogenization 20 Lipid 20 1,386 DDT (acid rinse run with chlorinated pesticides) 20 1,340 CI -Pest 20 3,188 Total Metals 20 5,660 But (tins 20 "4,065 PAH 20 3,927 PCB aroclors, 4 ppb detection limit 20 *4,158 $15,730 *Total estimated cost does not include PAHs and PCBs NEWFIELDS, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040 Estimated Timeline From the notice to proceed (NTP)' from the City, the SAP preparation will be completed within 3 weeks. This assumes that all necessary bathymetry and design specifications are in place. Once the SAP is complete, it wall be submitted to :the City for review and approval. Upon approval, the SAP will be submitted to EPA and US Corps of Engineers for their review. Past SAP reviews have required 4 to 6 weeks; however, this is dependent upon their staff availability. Field sampling will occur within 3 weeks from receiving the NTP from the agencies. This schedule is driven in part by the availability of sampling vessels and Gregg Drilling coring teams. Sample processing, chemical analysis, biological testing, and bioaccumulation testing will begin immediately following the field sampling. All chemical analysis and biological testing should be complete within 6 weeks of the completion of field sampling. Data will be reviewed for data quality and then submitted to the agencies for review. NewFields will meet with the City and the agencies to determine the appropriate tissue chemistry analysis based on the sediment chemistry and bioassay data. This process typically requires 2 weeks, provided that the agency staff are available for consultation. Once the tissue analyte list is determined, tissue chemistry will require 4 weeks to complete. The draft report will be submitted to the City four weeks after validation of the tissue chemistry data. NewFields will provide a final report within 2 weeks of receiving comments from the City. The draft report will be available 26 to 28 weeks after the NTP, provided that the review periods by the agencies and the City are within the time periods provided above. The timeline can be compressed somewhat by requiring faster turnaround times from the analytical laboratories. This typically increases the analytical costs. Other portions of the timeline may occur more quickly if the agency.response times are faster than anticipated. MwAELDS, LLC. PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364 Tel: (360) 297 -6040