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HomeMy WebLinkAbout06 - Rhine Channel Sediment Cleanup ProjectMOM= F 1 \ Agenda Item No. 6 January 16—,2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager APPROVED: k TITLE: Rhine Channel Se iment Cleanup Project – Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post - Dredge Sediment Sampling and Analysis ABSTRACT: On May 10, 2011, City Council awarded Contract No. 4555 to Dutra Dredging Company ( "Dutra ") for a total contract cost of $3,450,405 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council accept and close out of the contract. In addition, Amendment No. 6 to the Professional Services Agreement ( "PSA ") with Anchor QEA, LP ( "Anchor QEA") is requested for unforeseen project management costs as well as for a new scope of services for required post- dredge confirmation sediment sampling. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion; and 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in acceptance with applicable portions of the Code; and 3. Release the Faithful Performance Bond one year after Council acceptance; and Rhine Channel Sediment Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post - Dredge S January 10, 2012 Page 2 4. Approve the Sixth Amendment to the Professional Services Agreement with Anchor QEA, LP for additional unforeseen construction management costs, as well as for a new scope of services for required post- dredge confirmation sediment sampling. FUNDING REQUIREMENTS — DUTRA DREDGING: Funds for the construction contract were expended from the following accounts: Account Description Rhine Channel Dredging Rhine Channel Private Funding DISCUSSION — DUTRA DREDGING: Account Number 7231- C4402004 7231- C4402005 Overall Contract Cost / Time Summary Amount $ 3,218,549.90 $ 56.675.85 $ 3,275,225.75 Construction Final Cost at Contingency Actual Contract Time Contract Award Completion Target I Contract Time (Under) or Amount Change (days) Over $3,450,405.00 $3,275,225.75 1 15% or less 8.0% 101 52 The work necessary for completion of this contract consisted of dredging contaminated sediment from the Rhine Channel and portions of the adjacent Newport Channel, replacing piles that support the private docks that were affected by the dredging, repairing those private docks where new piles were replaced, and performing additional dredging for a private property owner at their expense. The contract has now been completed to the satisfaction of the Public Works Department, Harbor Resources Division. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders Final construction contract cost: $3,450,405.00 $3,198,109.48 $ 77.116.27 $3,275,225.75 Rhine Channel Sediment Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post - Dredge S January 10, 2012 Page 3 There were six change orders associated with this contract and are detailed below: CO # Description Cost 1 Deletion of Sea Spray Boat Yard bid quantity reduced b $ - 42,000.00 2 Deletion of ETCO property (bid quantity reduced b $ - 32,205.00 3 Steel frame pile guides 16" & 18" $ 11,000.32 4 Double height steel frame pile guides 16" & 18" $ 6,461.20 5 Additional pile replacements at the American Legion $ 62,380.00 6 American Legion marina relocation and dredging $ 71,479.75 TOTAL $ 77,116.27 The final construction cost was 8.0% below the original bid amount. As denoted in addition the above contract change orders, the project realized large savings due to the deletion of the Sea Spray Boat Yard and the ETCO property from the project. Additional bid quantity savings resulted from the contractor not fully dredging the "1' paid over - dredge" amount allowed in the contract. A summary of the project schedule is as follows: Estimated completion date per July 2011 schedule: November 4, 2011 Project awarded for construction: May 10, 2011 Contract Completion Date plus Approved Extensions December 1, 2011 Actual Construction Completion Date: November 9, 2011 DISCUSSION — ANCHOR QEA Anchor QEA is currently assisting the City with construction management services for the Rhine Channel Dredging Project ( "Project "). During the course of the Project, several unforeseen tasks that were outside of the contract scope were required to be immediately addressed or implemented by Anchor QEA staff. Authorization to proceed with these unforeseen tasks was granted by the City at the time of occurrence to ensure that project delays did not result. A brief summary of these changes is described below, with a detailed summary provided in the Appendix. (The Task Numbers correspond to the respective Tasks in Anchor QEA's original proposal.) Task 1: Port of Long Beach Coordination ( "POLB ") $737 Although Anchor QEA was on budget for most of the project, a concerted effort with POLB coordination was needed at the end of the Project to present and discuss final placement of material within the Middle Harbor Slip 1 fill site. Task 2: Contractor Selection and Pre - Dredge Deliverables $55,404 31 Rhine Channel Sediment Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post - Dredge S January 10, 2012 Page 4 This task required significant effort above and beyond initial expectations and budget projections to work with the contractor on finalizing their pre- dredge deliverables, specifically regarding planning for the floating docks and guide piles. In addition, a significant amount of time was needed to satisfy the unforeseen requests of the Regional Water Quality Control Board ( "RWQCB ") by negotiating and generating additional detailed water quality monitoring plans. Task 3: Rhine Channel Tenant Coordination $14,440 This task required coordinating efforts with the POLB on delivery schedules, numerous meetings with various Rhine Channel property owners, and considerable effort in ensuring that piles and docks met the approval of the various property owners upon project completion. Task 5: Rhine Channel Construction Management ($66,601) Although in aggregate this task ended up under budget, there were two notable out of scope items: two Change Orders to reduce the dredge footprint, and five Change Orders for additional dredging. On the positive side, construction management was under budget through efficient time management as well as the Project finishing 52 days ahead of schedule. Task 6: Water Quality and Air Monitoring $240,306 Implementation of the expanded water quality monitoring program was the single largest out of scope item required for the Project. An expanded program was required by the RWQCB which included daily monitoring, special studies, more frequent data reports to the State, and additional chemical analysis. Anchor QEA was, however, able to mitigate some of these changes by utilizing City labor whenever possible to supplement the Anchor QEA team, resulting in a cost savings of almost $5,000 to the Project. Task 7: Construction Management at Other City Properties $0 There were no additional out of scope costs associated with the American Legion dredging portion of the Project. Total Construction Management Contract - Out of Scope Items 24 266 In addition the above cost identified for items that were out of scope for Anchor's current Construction Management effort, staff is requesting Anchor QEA to perform post- dredge confirmation sediment and sampling analysis which is required by the RWQCB to verify successful removal of chemically impacted sediments, and to determine the final surface sediment chemical concentrations from a 303(d) listing improvement standpoint. Rhine Channel Sediment Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post - Dredge S January 10, 2012 Page 5 This task was not included in the original scope of work because it was not possible at the time to predict the magnitude of the study that might be required to comply with the RWQCB permit. Staff now understands the work necessary to comply with the RWQCB post- dredging requirements. A total of five tasks for the sampling program are briefly summarized below with a full explanation in the Appendix. Task 1: Preparation of a Sampling and Analysis Plan $12,210 This task involves preparing a plan to be submitted and approved by the RWQCB. Task 2: Meeting with Regulatory Agencies Task 3: Sediment Sampling $15,010 This task involves sediment sampling at approximately 15 stations using a piston core deployed from a vessel. Task 4: Chemical Analysis $22,670 This task analyzes the sediment samples by Calscience Environmental Laboratories with Anchor QEA performing the data review, validation, and verification to ensure that data quality objectives have been met. Task 5: Reporting $18,420 A final report will be prepared by Anchor QEA documenting all activities associated with collecting, processing and analyzing sediment samples. Chemistry will be compared to numeric targets listed in the San Diego Creek/Newport Bay Toxic TMDL. The final concentrations of chemical contaminants in the surface layer of the Rhine will be presented using GIS with a project map of the actual sampling locations included. Task 6: Contingency $31,250 Unforeseen Costs for Final Testing Requirement from the RWQCB and additional cores or samples. Total Post - Dredge Confirmation Sediment Testing Scope of Work: M AD Rhine Channel Sediment Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post - Dredge S January 10, 2012 Page FUNDING REQUIREMENTS — ANCHOR QEA, LP The current adopted CIP budget includes sufficient funding for the award of this Amendment Number 6 to Anchor QEA. Approximately $300,000 in project savings will be returned to the Tidelands /Submerged Land fund account. Account Description Anchor QEA Unforeseen Management Costs Anchor QEA Post - Dredge Sediment Sampling Total ENVIRONMENTAL REVIEW: Account Number Amount 7231- C4402004 $ 244,266.00 7231- C4402004 $ 105,640.00 $ 349,906.00 The City prepared a Mitigated Negative Declaration for this Project that was reviewed and approved by the City Council in July 2010. 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 by: r / Ptephen G. Badum -Public Works Director Attachments: A. Vicinity Maps B. Professional Services Agreement — Anchor QEA, LP / MITO Wei ' 1111 L ii;- '`i, -- .y n n `C 3 � C C OO Cd N y r r C � E rc v v A C E c 0 u v c L U W C L [Y J �$ W (/�� ^•T�''� /VR/ C E j 8 �J V ,O AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LP FOR RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. SIX "), is entered into as of this day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ANCHOR QEA, LP a California Limited Partnership, whose address is 26300 La Alameda, Suite 420, Mission Viejo, California 92691 ( "Consultant "), and is made with reference to the following: RECITALS: A. On July 14, 2009, City and Consultant entered into a Professional Services Agreement ( "Agreement') to develop a Conceptual Design Plan for a Confined Aquatic Disposal Site in Newport Harbor ('Project'). B. On November 10, 2009, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and to increase the total compensation ( "Amendment No. One "). C. On June 22, 2010, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work, to increase the term of the Agreement to August 30, 2012, and to increase the total compensation ( "Amendment No. Two "). D. On October 12, 2010, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and to increase the total compensation ( "Amendment No. Three "). E. On April 28, 2011, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work and to increase the total compensation ( "Amendment No. Four'). F. On June 7, 2011, City and Consultant entered into Amendment No. Five to the Agreement to increase the scope of work, to increase the total compensation, and update insurance requirements. G. City desires to enter into this Amendment No. SIX to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. H. City and Consultant mutually desire to amend the agreement, as provided below. 11 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated December 7, 2011, which is 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. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement as amended, shall be 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Million, Seven Hundred Ninety -Four Thousand, Three Hundred Thirty-Three Dollars and no /100 ($1,794,333.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Six, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Hundred Forty -Nine Thousand, Nine Hundred Six Dollars and no /100 ($349,906.00), without prior written authorization from City. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended, shall remain unchanged and shall be in full force and effect. ANCHOR QEA, LP Page 2 I IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. SIX on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation Date: 17-/1:3 /11 Date: By: By: Aaron arp f/7y Michael F City Attorney �, 1n�p Mayor ATTEST: Date: By: Leilani I. Brown City Clerk Henn CONSULTANT: ANCHOR QEA, LP , a Limited Partnership Date: By: Steve Capellino Senior Partner Attachment: Exhibit A — Additional Services to be Performed ANCHOR QEA, LP Page 3 17 EXHIBIT A !¢ Dear Mr. Miller: Anchor QEA, L.P., is currently assisting the City of Newport Beach (City) with. construction management services for the Rhine Channel contaminated sediment cleanup project. This letter requests funds for several out -of -scope construction management tasks related to the dredge effort, and proposes an additional scope of work for conducting post - construction sediment confirmational testing within the Rhine Channel. Each is described below in more detail. CONSTRUCTION MANAGEMENT OUT -OF SCOPE ITEMS As the City is aware, dredging, of sediments within the Rhine Channel, as well as other nearby City - managed areas was recently completed. To comply with several last minute requirements from the Santa Ana Regional Water Quality Control Board (RWQCB), as well as numerous operational changes required during construction to account for daily water quality exceedances from the dredge operation, several out -of -scope tasks were required to be immediately implemented by Anchor QEA staff. Authorization to proceed with these tasks was granted by the City at the time of occurrence to ensure that project delays did not result from the agency changes. This letter requests ANCHOR OEA�``_"' 26300 La Alameda, Suite 240 ............."..._....._..._,. ��.. w"..... "���— ~--- "���..�.�~�� -.W Mission Viejo, California 92691 Phone 949.347.2780 .. Fax 949.334.9646 " December 7, 2011 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach; California 92660 Re: Request for additional funds for out -of -scope Construction Management tasks, and scope of work for Post- Dredge Confirmational Sediment Sampling and Analysis for Rhine Channel Contaminated Sediment Cleanup Project Dear Mr. Miller: Anchor QEA, L.P., is currently assisting the City of Newport Beach (City) with. construction management services for the Rhine Channel contaminated sediment cleanup project. This letter requests funds for several out -of -scope construction management tasks related to the dredge effort, and proposes an additional scope of work for conducting post - construction sediment confirmational testing within the Rhine Channel. Each is described below in more detail. CONSTRUCTION MANAGEMENT OUT -OF SCOPE ITEMS As the City is aware, dredging, of sediments within the Rhine Channel, as well as other nearby City - managed areas was recently completed. To comply with several last minute requirements from the Santa Ana Regional Water Quality Control Board (RWQCB), as well as numerous operational changes required during construction to account for daily water quality exceedances from the dredge operation, several out -of -scope tasks were required to be immediately implemented by Anchor QEA staff. Authorization to proceed with these tasks was granted by the City at the time of occurrence to ensure that project delays did not result from the agency changes. This letter requests Mr. Chris Miller December 7, 2011 Page 2 funds for these out -of -scope items, as smnmarized below in Table 1 and detailed in the attached summary. Because the project was completed quicker than expected, the actual on- site construction management task was completed approximately $66,000 under budget. Table 1 Summary of Construction Management Out -of -Scope Costs Task C(ut of Sci: g�cc sts t F . Task 1 -POLB Coordination $737 Task 2— Contractor Selection and Pre - Dredge Dellverables $55,404 Tasl<3 —Rhine Channel Tenant Coordination $.14,420 Task 5— Rhine Channel Construction Management ($66,601) Task 6 — Water Quality and Air Quality Monitoring $240,306 Task 7— Construction Management for other City Properties $0 Total Out -of -Scope Costs $244,266 (xxx) = represents a credit for task that was under budget. POST - DREDGE CON FIRMATIONAL SEDIMENT TESTING SCOPE OF WORK In additional to the out- of-scope task item budget request, this letter also requests funds for post- dredge confirmational sediment sampling and analysis, which is required by the Water Board to verify successful removal of chemically impacted sediments and determine the final surface sediment chemical concentrations. This will allow an assessment of the site from a 303(d) improvement standpoint. At the request of the City, this task was not included previously in Anchor QEA's original scope of work because we were not previously able to anticipate the magnitude of the study that might be required to comply with the Water Board permit. A total of five tasks have been identified for the Rhine Channel confirniational testing program: 4 Preparation of a Sampling and Analysis Plan (SAP) Meeting with Regulatory Agencies o Sediment Sampling o Chemical Analysis Reporting i A r� Mr. Chris Miller December 7, 2011 Page 3 The scope and associated costs for these tasks are presented below. Proposed Tasks +•`,`:LL Task 1: Preparation of a Sampling and Analysis Plan ~" Anchor QEA will develop a SAP presenting details on the sampling and analysis strategy. It will be designed to determine the final concentrations of contaminants within Rhine Channel following the removal of chemically impacted sediments. It will include procedures for sediment sample collection, sample handling, chemical analysis, quality assurance/quality control (QA/QQ, and data analysis, A draft SAP will be submitted to the RWQCB for review and approval. One round of comments is anticipated. Following approval of the SAP, sampling will be initiated. Costs associated with this task are estimated at $12,210. Task 2: Meeting with Regulatory Agencies Anchor QEA will work closely with regulatory agencies to ensure sampling and analysis complies with regulatory requirements. This may include meetings with regulatory agencies, project updates, response to comments, and a presentation of results. Costs associated with this task are estimated at $6,080. Task 3: Sediment Sampling Sediment sampling will be conducted at approximately 15 randomly placed stations using a piston core. The piston core will be deployed from Anchor QEA's sampling vessel, a 20 foot AquaSport. Sediment cores will be processed landside. Each core will be logged and photographed then segmented into 6 inch increments. The top 6 inches will be submitted for chemical and physical analysis. Remaining core segments will be archived for additional analysis, if needed. It is assumed that this task will require 3 days of field work for two Anchor QEA personnel. Costs associated with this task are estimated at $15,010. Task 4: Chemical Analysis Approximately 15 samples will be submitted for chemical analysis. In addition, archived samples may be analyzed if the upper residual layer indicates elevated contaminants. Chemical analysis will include constituents that are listed and have numeric targets for the Rhine Channel water body within the San Diego Creek/Newport Bay Toxics Total Maximum I Mr. Chris Miller December 7, 2011 Page 4 Daily Load (TMDL). This includes chromium, copper, lead, mercury, selenium, zinc, chlordane, dieldrin, DDTs, and PCBs. In addition, pyrethroids will be measured as requested by the RWQCB. Physical analysis will include grain size, total organic carbon, and total solids. Chemical analysis will be performed at Calscience Environmental Laboratories, located in Garden Grove, California. Anchor QEA will perform a data review, validation, and verification to ensure data quality objectives have been met. Costs associated with this task are estimated at $22,670. Analysis of archived samples will be an additional $1,050 per =' • ,: ;!s sample. Task 5: Reporting Afinal report will be prepared by Anchor QEA documenting all activities associated with collecting, processing, and analyzing sediment samples. Chemistry results will be compared to numeric targets listed in the San Diego Creek/Newport Bay Toxics TMDL. The final concentrations of chemical contaminants in the surface layer of the Rhine Channel will be presented using GIS. A project map will be included with the actual sampling locations. Field logs, core photographs, and reports .received from the laboratories will be included as appendices. The final report will be submitted to RWQCB for review and approval. Costs associated with this task are estimated at $18,420. Summary of Estimated Sediment Testing Costs and Schedule Total estimated costs associated with the five confirmational testing project tasks are summarized in Table 2. The total cost is estimated at $74,390. Of this amount, approximately $16,760 is for subcontractors for analytical charges. If archived samples from below 6 inches of each core are analyzed, additional costs will be $1,050 per sample. Additionally, if the Water Board were to require more than 15 sample locations to meet the permit requirements, additional costs would be incurred. To provide an estimate of the potential additional costs, a contingency task has been added to the table to reflect the additional cost of collecting 5 more core samples and analyzing two additional depths at half of the core locations (40 samples total). , Mr. Chris Miller December 7, 2011 Page 5 We propose to conduct this work on a not -to- exceed, time- and - materials basis, as has been done for our work to date. Throughout the conduct of these tasks, Anchor QEA will provide detailed comments and summarize staff efforts on all invoices. Table 2 Summary of Confirmational Testing Project Costs Ly , _s.tr TasP 1. Preparation of a Sampling and Analysis Plan 12,210 2. Meeting with Regulatory Agencies $318,656 - $349,906. 6,080 3. Sediment Sampling 15,010 4. Chemical Analysis 22,670 5. Reporting 18,420 6. contingency for additional cores /samples 31,250 Total (with and w/out contingency) 74,390- 105,640* `Base costs do not include analysis of archived samples. A range in costs is provided to account for uncertainty in final testing requirements from the Water Board. Work on this task would begin as soon as authorization is received from the City. Preparation of the draft SAP is expected to take three weeks to complete, followed by RWQCB review. Immediately upon receipt of comments, the SAP will be revised and finalized. Upon approval, field sampling will be conducted. Sampling is expected to last 3 days. The standard turnaround time for chemical analysis is 10 to 15 days. The final report will be submitted to RWQCB 45 days following the completion of sampling. SUMMARY OF COSTS The total additional amount requested for both items is summarized in Table 3. Table 3 Summary of Requested Change Order Costs i k, it term' Construction Management Out -of -Scope Items $244,266 Rhine Channel Confirmational Sediment Sampling and Testing $74,390— $105,640* Total $318,656 - $349,906. I ' I "Range in costs provided to account for uncertainty in final testing requirements from the Water Board. i Mr. Chris Miller December 7, 2011 Page 6 We appreciate the opportunity to work with the City on this project. If there are any questions about this scope of work, please do not hesitate to contact us at (949) 347 -2780. Sincerely, <j Steve Cappellino Anchor QEA, L.P. 00 Summary of .Anchor QEA Out of Scope Items Task 1 — POLB Coordination Throughout the majority of the project's duration, the level of effort needed for this task was commensurate with initial expectations and budget projections. However, in November, a sigtficantly more concerted effort was required by Anchor QEA personnel (Steve Cappellino, Shelly Anghera; Rob Walker and Michael Whelan) to present and discuss final placement of Rhine Channel material within the Middle Harbor Slip I fill site with Port of Long Beach (POLB) Construction Management staff. Task 2 — Contractor Selection and Pre- Dredge Deliverables This task required significant effort above and beyond initial expectations and budget projections to work with the contractor on finalizing their pre- dredge deliverables while meeting the needs of the Regional Water Quality Control Board (RWQCB) with regards to the water quality permitting and compliance process. The original scope of work assumed one xeview /comment cycle for each of the contractor's pre - construction deliverables. However, multiple drafts and rounds of comments were needed for some of the key submittal documents (most notably the dredge and disposal plan and environmental protection plan). Similarly, several discussions and meetings were needed to make sure the final submittals were suitable for submittal to agencies and POLB. A similar expenditure of labor time was needed prior to construction in responding to contractor questions regarding work planned for the floating docks and guide piles. It was anticipated that some discussions would be needed, but the amount of time spent prior to construction was more than budgeted. These efforts required several meetings and communications so as to ensure that these aspects of the project would be coordinated and handled properly. For the RWQCB permit, a Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP) were required prior to construction, although these were not originally anticipated as being necessary for the project. This was an intensive process that required significant effort and numerous internal and external meetings, in part because the RWQCB determined that the documents needed to be consistent with guidelines issued by the Surface Water Ambient Monitoring Program (SWAMP), significantly increasing the level of effort needed. The following reviews some of the key steps in the process: C A meeting was held on 8/5/10 to discuss water quality monitoring and post- sediment sampling. • A WQMP was submitted on 8/20/10 by Anchor QEA. • Comments were provided on 9/9/10 by the RWQCB. 2/ I I Summary of Anchor QEA Out of Scope Items December 7, 2011 Page 2 of 4 • A follow -up meeting was held after comments were received and notes were prepared by Anchor QEA to document the discussion and planned changes to the document. Anchor QEA wrote numerous emails and called numerous times to request a timely review of the SAP /QAPP. To further facilitate the process, Anchor QEA resubmitted an updated document on 5/19/11. • Comments from the RWQCB were received on 6/8/11. Due to inconsistencies with previous comments and discussions, another meeting was scheduled with the RWQCB to discuss on 6/28/11. • Based on this meeting the SAP /QAPP was further revised and a final SAP /QAPP, along with response to comments, was submitted on 7/28/11 to the RWQCB. • Based on comments and emails from the RWQCB, a SWAMP compatible SAP /QAPP was required to replace the Water Quality Monitoring Plan (WQMP) previously submitted. Due to the SWAMP requirements, it required more than triple the effort of typical water quality monitoring SAPS (which have no QAPPs). • Just prior to construction the RWQCB issued additional comments and concerns which required addressing and incorporating into the final field monitoring program. As described above, a significant amount of unanticipated effort went into preparing the WQMP and various SAP /QAPP drafts, coordinating documents and meetings, soliciting feedback from the RWQCB through emails and calls, and discussing comments /revising the document numerous times. This level of coordination that was required with the RWQCB was far greater than what would be needed for a typical document (SAP or report) submittal procedure, as occurs with other Regional Boards or regulatory agencies in Southern California. The typical procedure involves submittal of a draft SAP (if any), respond to one set of comments, one meeting, and submittal a final SAP. Altogether, four versions of the document were submitted, three meetings, several calls, and numerous emails tools place to discuss the comments and to keep the process moving forward. In addition, the RWQCB's determination that the documents needed to be compatible with SWAMP requirements made their preparation significantly more rigorous than would have been required by other Regional Boards in California. Anchor QEA suggested that the SWAMP format would not, in fact, be relevant to this project, because California's SWAMP was not designed for evaluating short - term water quality impacts such as those due to dredging, but instead is a regional program focused on assessing long -term water quality trends. Nevertheless, the RWQCB did not change their position in this regard, although Anchor QEA was successful in reducing the number of required sampling events, the analytes required for analysis, and some unachievable reporting limit issues initially proposed by the RWQCB. ?Z Summary of Anchor QEA Out of Scope Items December 7, 2011 Page 3 of 4 Task 3 — Pre - Construction Tenant Coordination Out of scope activities for this task was fairly limited and included working with the contractor to coordinate with the POLB on delivery schedules, coordinating with various tenants on the Rhine Channel regarding their participation on the project, and numerous meetings regarding schedule coordination for dredging the Channel Road area and the accompanying dock relocation. At project's end considerable effort was expended in ensuring that piles and docks met the approval of the various property owners and representatives Task 5 — Rhine Channel Construction. Management Although in aggregate this task ended up under budget, there were a few notable out of scope items. For instance, change orders were needed to reduce the dredge footprint for certain properties based on discussions immediately prior to (or during) construction between these property owners and the CIty. Both change order efforts required adjusting the plan sheets, calculating adjusted quantities for contract volume estimates, and preparation of updated specifications and /or narrative descriptions for the modified work efforts, Ina similar fashion, five separate areas of additional dredging turned out to be needed, each of which also required generation of figures and coordinates depicting the additional dredging, calculation of resulting dredge quantities, additional analysis of progress surveys, and a second round of confirmatory sampling at each location. Although it was anticipated that additional dredging might be needed, and budgeted accordingly, the incidence of five separate areas ended up requiring more effort than originally expected. Task 6 — Water Quality and Air Quality Monitoring Implementation of the expanded water quality monitoring program was the single largest out of scope item required for completion of the Rhine Channel construction effort. Based on early water quality monitoring results, an expanded monitoring program was required by the RWQCB which included daily monitoring, special studies, more frequent data reports to the State, and additional chemical analytes. The following highlights the major differences in project assumptions that changed as a result of the Water Board requirements. • Budgeted for 64 samples for chemical analysis and ended up with 218 in total. • Budgeted for 5 QA/QC samples for chemical analysis and ended up with 13 in total. • Budgeted for 23 sampling events and ended up with 66 in total. • Budgeted for three reports to the RWQCB (pre - dredge, midpoint and final) and ended up requiring six (pre - dredge, midpoint, final, 16, week, revised schedule, and two special studies). • Conducted special studies to evaluate the following issues for the RWQCB: turbidity/TSS comparison, water quality at additional reference stations, plume tracking studies, follow -up 2� Summary of Anchor QEA Out of Scope Items December 7, 2011 Page 4 of 4 turbidity study in main channel. All of these special studies required management, negotiation and coordination with Water Board staff. Anchor QEA was, however, able to mitigate the effect of these changes on overall project costs, by utilizing City labor wherever possible for the water quality monitoring. Approximately 55 man hours were used to supplement the Anchor QEA field team resulting in a cost savings of almost $5,000 to the project. Task 7 — Construction Management at other City Properties With an agreement reached between the City and American Legion Post 291 to perform additional dredging and pile replacement activities within the American Legion marina, Anchor QEA provided additional construction coordination and oversight for the expanded scope of work. This included several meetings with American Legion staff prior to construction to work through logistical details relating to construction. During construction, the temporary relocation of the floating docks required additional oversight. This included documentation of pre - existing conditions, general construction oversight and documentation throughout the move, and assisting the City in maintaining public safety protocols for this temporary obstruction to navigation. With an additional ten piles replaced by the American Legion change order, additional construction oversight during pile driving activities was provided above our initial expectations. The out of scope items for this task ended up not requiring addition funds as the work was completed faster than expected so savings were achieved in other portions of the scope. tt.