HomeMy WebLinkAboutC-8534-1 - PSA for Dredged Material Characterization for Lower Newport Bay Federal Channels00
AMENDMENT NO. ONE TO
v PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
DREDGED MATERIAL CHARACTERIZATION FOR LOWER NEWPORT BAY
FEDERAL CHANNELS
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 9th day of October, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ANCHOR QEA, LLC, a Washington
limited liability company ("Consultant'), whose address is 720 Olive Way, Suite 1900,
Seattle Washington 98101, with office located at 9700 Research Drive, Irvine, California
92618, and is made with reference to the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement dated
November 28, 2017 ("Agreement'), to perform dredged material characterization
of sediments within the Lower Newport Bay ("LNB") federal channels to support
maintenance dredging operations ('Project').
B. On November 28, 2017, the City Council approved the Agreement with a total
compensation not to exceed Four Hundred Twenty Two Thousand Two Hundred
Dollars and 00/100 Cents ($422,200.00);
C. Due to a clerical error, the total compensation memorialized in the written
Agreement was Four Hundred Forty Thousand Two Hundred Dollars and 00/100
Cents ($440,200.00), and not the amount approved by City Council of Four
Hundred Twenty Two Thousand Two Hundred Dollars and 00/100 Cents
($422,200.00);
D. The parties desire to enter into this Amendment No. One to authorize an increase
in the maximum compensation approved by Council under the Agreement to Four
Hundred Sixty Two Thousand Two Hundred Dollars and 00/100 Cents
($462,200.00) to account for additional Work necessary to complete the Services,
to reflect additional Services not included in the Agreement, and to update the
Notices section 26.3 of the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One
shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Sixty Two
Thousand Two Hundred Dollars and 00/100 Cents ($462,200.00), 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."
The total amended compensation reflects Consultant's additional compensation
for the Work to be performed in accordance with the Agreement, including all
reimbursable items and subconsultant fees, in an amount not to exceed Forty Thousand
Dollars and 00/100 ($40,000.00).
Section 26.3 of the Agreement is hereby amended in its entirety and replaced with
the following:
"26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Cappellino
Anchor QEA, LLC
9700 Research Drive
Irvine, CA 92618"
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1l•Zt' 1t
By: 9 ��r
A n %WHarp " 11' 20-IfCity Attorney
ATTEST:
By: 094�a,��V�
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: I a'/D 1 �
By:
Gra K. Leung
Ci Manager
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date: iV( o /i�
By: 4� Q 1%,
Steve appellino
Member
Date:_
By: Z64 1
Jo Verduin
Member
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Anchor QEA, LLC Page 3
EXHIBIT A
SCOPE OF SERVICES
Task 1: Continued Agency Coordination and Screening Level Risk Assessment
Consultant shall continue coordinating with the Dredged Material Management Team
("DMMT") agencies to reach a sediment suitability determination for the Lower Newport
Bay ("LNB") Federal Channel sediments. Coordination efforts will include meetings with
agency representatives and City staff to review current and historical data and the
development of screening -level risk calculations to support the City's negotiations on the
suitability determination.
The screening -level risk work will rely on sediment chemistry and bioaccumulation test
tissue data from Macoma and Neris to determine whether the low concentrations of
bioavailable chemicals like mercury and PCBs observed in these organisms support a
higher bulk sediment screening level for determining suitability for open -ocean disposal.
The potential environmental effects of non -polar organic and inorganic compounds in
sediment related to bioaccumulation are addressed in the Ocean Disposal Testing
Manual ("OTM")t and Inland Testing Manual ("ITM").z Sediment and tissue
bioaccumulation test data will be evaluated within U.S. Environmental Protection Agency
("USEPA") and U.S. Army Corps of Engineers ("USACE") tiered screening framework to
determine whether there is sufficient indication that current open -ocean disposal
sediment thresholds for mercury and PCBs are too stringent for the Federal Channel
sediments.
This work will use site-specific bioaccumulation factors for Macoma and Neris and
available tissue effect levels from literature to estimate a range of protective bulk sediment
concentrations.
At this time, Consultant expects that much of the DMMT's concern with site data focuses
on comparability to the results from previous testing programs and inter -site variability
with respect to mercury and PCB concentrations. As such, we will focus our discussions
on these topics and support our recommendation with a risk-based proposal for
increasing the sediment screening values that the DMMT is using for allowing material
disposal at the LA -3 Ocean Dredged Material Disposal Site ("ODMDS"). We expect that
the culmination of these discussions, and our data analysis, will be the preparation of a
technical memorandum that presents our approach, the data comparisons to risk-based
screening values, and our suitability recommendation for their approval.
USEPA/USACE, 1991. Evaluation of Dredged Material Proposed for Ocean Disposal — Testing Manual.
USEPA 503/8-91/001. USEPA Office of Water (4504F). February 1991.
2 USEPA/USACE, 1998. Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. —
Testing Manual: Inland Testing Manual. USEPA-823-B-94-004. USEPA Office of Water (4305). February
1998.
Anchor QEA, LLC Page A-1
Consultant's goal is that this approach will result in significantly reducing the volume of
material that is determined to be not suitable for open -ocean disposal that, in turn, will
reduce the City's cost share for the Federal Channel dredging effort. We expect that some
volume of dredge material will have chemical concentrations that are too high for this
approach. For that material, an alternate disposal option will be required, such as a
confined aquatic disposal facility or upland disposal.
Anchor QEA, LLC Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Task 1 Continued Agency Coordination and Screening Level $40,000.00
Risk Assessment
Anchor QEA, LLC Page B-1
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
DREDGED MATERIAL CHARACTERIZATION FOR LOWER NEWPORT BAY
FEDERAL CHANNELS
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 28th day of November, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ANCHOR QEA, LLC, a Washington limited liability company ("Consultant'), whose
address is 27201 Puerta Real, Suite 350, Mission Viejo, California 92691, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform a dredged material characterization
of sediments within the Lower Newport Bay ("LNB") federal channels to support
maintenance dredging operations ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Forty
Thousand Two Hundred Dollars and 00/100 ($440,200.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Anchor QEA, LLC Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Steve Cappellino to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
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modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
K V:1010] 1.131.1
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
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records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
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26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Cappellino
Anchor QEA, LLC
27201 Puerta Real, Suite 350
Mission Viejo, CA 92691
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
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thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
Anchor QEA, LLC Page 10
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: h
M
Aaron C. Harp
City Attorney \ 1
ATTEST:
Date: /�- —I
1.17
I /
Brown—
CityLeilani 1. .
CITY OF NEWPORT BEACH,
a Califprnia,municipal corporal
0
intro
CONSULTA
Washington
Date:
Anchor QEA, LLC, a
d liability company
Signed in Counterpart
By:
Steve Cappellino
Member
Date:
Signed in Counterpart
John Verduin
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: It/ IL/ 1 -1
n
City
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
SV k4
CITY OF NEWPORT BEACH,
a California municipal corporation
_ By:
Kevin Muldoon
Mayor
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date: 1///?/, -7 _
Member
Date: t i 1 l -A I t-A—
By: / 41yit&
John Verduin
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 12
EXHIBIT
SCOPE OF SERVICES
Anchor QEA, LLC Page A-1
27201 Puerta Real, Suite 350 ANCHOR
Mission Viejo, California 92691
949.347.2780 QEA c..c..�i
October 31, 2017
Chris Miller
City of Newport Beach Harbor Resources
100 Civic Center Drive
Newport Beach, California 92660
Re: Revised Scope of Work and Cost Estimate to Perform Dredged Material Characterization for
Lower Newport Bay Federal Channels
Dear Mr. Miller,
Anchor QEA, LLC, is pleased to present this revised scope of work and cost estimate to perform a
dredged material characterization of sediments within the Lower Newport Bay (LNB) federal channels
to support maintenance dredging. The overall intent of this program is to dredge the harbor to current
federal authorized design depths (design depths), and potentially deeper in some areas to facilitate
long-term planning of harbor -wide dredging. This scope of work and cost estimate includes a technical
evaluation that reviews existing bathymetric and historical testing data, an example sampling program
that was developed based on this data review to meet the Dredged Material Management Team's
(DMMT's) approval needs, and estimated costs to develop the Sampling and Analysis Plan (SAP),
implement sampling and analysis based on dredging the harbor to depths (a separate task is provided
to conduct select sampling below the design depths for long-term planning), and develop a Sampling
and Analysis Report that will meet the DMMT's approval. The technical analysis and scope of work
presented herein is a stepwise approach that will allow for (1) subsequent review of disposal locations
and options, and (2) ultimately, an assessment of means and methods that would be most effective to
dredge and dispose the sediment.
Estimated construction costs are not included as part of this document and will be provided once final
disposal locations have been determined based on the results of sampling and analysis. The goal of
this project is to deliver to the U.S. Army Corps of Engineers (USACE) a complete dredge and disposal
plan for restoring design depths to all LNB federal channels. This dredge and disposal plan will lay out
a strategy for dredging (spatial extent, depths, and quantities) and disposal for the material. This
information would then be able to form the basis of a funding request for implementing the program.
Introduction and Overall Approach
The LNB federal channels were last dredged between May 2012 and January 2013, at which time
dredging to depths of -10 to -17 feet mean lower low water (MLLW) was performed throughout
large areas of LNB. Approximately 1.3 million cubic yards (mcy) of sediment were identified for
potential removal from LNB, with approximately 1 mcy determined suitable for open -ocean disposal
at the LA -3 disposal site and 300,000 cubic yards (cy) required to be confined either inside an in -
water fill site or at an upland disposal facility. The areas found suitable for ocean disposal included
October 31, 2017
Page 2
portions of Main Channel, Main Channel North, West Lido Area B, Upper Channel and adjacent
subareas, Balboa Channel, Bay Isle areas (to -11 feet MLLW; formerly called Yacht Anchorage areas),
and the area east of Bay Isle. Unsuitable areas included small portions of middle Main Channel North
1 and 2, Newport Channel, West Lido area A and Balboa Channel.
The USACE conducts harbonvide bathymetric surveys every year and provides the results to the City
of Newport Beach (City) for their records. USACE bathymetric surveys in 2016 and 2017 have
indicated that dredging is again needed to increase the water depths within the LNB federal channels
and improve safe navigation. A dredged material characterization program is needed that not only
considers the areas requiring dredging but also maximizes the volume of dredged material likely to
be found suitable for disposal at LA -3. Prior to the design of a successful dredged material
characterization program, it was first necessary to carefully review recently collected bathymetry
relative to authorized design depths to determine the LNB subareas most in need of dredging. It was
also necessary to review the 2009 dredged material characterization data relative to recent
bathymetric survey results to determine the most cost-effective sampling design that would
maximize the volume of material likely to be found suitable for ocean disposal.
As part of this evaluation, it was assumed that dredging to authorized design depths would be
adequate and appropriate in most LNB subareas. However, an alternate approach is needed for LNB
subareas in which the DMMT precluded LA -3 disposal due to marginal sediment mercury
contamination. For these targeted subareas, the data was further reviewed to determine whether
dredging into the native underlying material within LNB would increase the likelihood of suitability
for ocean disposal and ensure a clean surface after dredging. In the following section, we describe
the results of the technical evaluation in which existing LNB mudline elevations were evaluated to
determine areas in which dredging is most needed, and then historical dredged material
characterization data was reviewed for each LNB subarea requiring dredging. A proposed dredged
material characterization program is then briefly described that considers the likelihood of ocean
disposal suitability for each LNB subarea.
Technical Evaluation
Anchor QEA conducted a technical evaluation to assess the current need for dredging in various
areas of LNB and then reviewed historical dredged material characterization results for the
corresponding subareas of LNB currently needing dredging.
The first step in this evaluation was to compare the 2017 USACE harbor -wide bathymetry relative to the
authorized design depths to determine what subareas of LNB may require dredging to achieve full
design depths (Figure 1). As shown in Figure 1, areas where depths are shallower than design depths
by 0 to 2 feet, 2 to 3 feet, 3 to 4 feet, and greater than 4 feet are shown on the map in yellow, orange,
dark orange, and red, respectively. The subareas that require the most dredging to achieve authorized
design depths include the Entrance Channel, much of the Main Channel, west of Bay Isle, Newport
Channel, and the Turning Basin. The volume associated with this dredging effort is shown in Table 1.
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Page 6
Anchor QEA reviewed the previously conducted dredged material characterization results pertaining
to those LNB subareas currently requiring dredging to achieve target design depths. Specifically, the
dredged material characterization report prepared by Newfields in 20091 evaluated sediment from
nine channels/waterways within LNB for their suitability for disposal at the LA -3 disposal site as part
of a maintenance dredging program. The nine channels/waterways included those portions of
federal waterways beyond the pierhead lines that were above design depths (excluding West Lido
and Newport Channels); West Lido and Newport Channels were not evaluated by Newfields in 2009
due to elevated sediment contamination in these areas; however, a portion of these areas was
dredged and disposed of at the Port of Long Beach Middle Harbor Fill Site. The LNB material under
consideration for ocean disposal at the LA -3 disposal site was evaluated using the criteria outlined in
the Evaluation for Dredged Material Proposed for Ocean Disposal — Testing Manual (OTM)2. The
DMMT found that most sediments from LNB subareas were suitable for ocean disposal except those
representing a portion of Main Channel North 2 (formerly called Lido Isle Reach North), Bay Isle
Middle depths below -10 ft MLLW (formerly called Yacht Anchorage Middle), and small portions of
the Balboa Channel (formerly called Balboa Island Channel). Mercury concentrations within some of
the cores located in these subareas areas were elevated above the screening threshold concentration
of 1.62 milligrams per kilogram and, due to uncertainty associated with the toxicity and
bioaccumulation of mercury elevated in sediment, the DMMT found these subareas unsuitable for
ocean disposal (Newfields 2009).
The 2009 LNB subareas found to be suitable for ocean disposal by the DMMT, and that currently
require dredging to maintain safe navigational depths correspond to the Main Channel North 3, 4,
and 5 and Bay Isle North and South in Figure 1 and Table 1. The Turning Basin, although not
sampled as part of the Newfields program in 2009, is also expected to be suitable for ocean disposal
based on the most recent Regional General Permit (RGP) 54 data from two samples in this area
which indicate low contamination and suitability for ocean disposal. Similarly, due to its proximity to
Main Channel areas expected to be suitable for ocean disposal, the Entrance Channel sediments are
also likely to be found suitable, although no data were collected in this area by Newfields in 2009.
The LNB subareas that were not found suitable by the DMMT in 2009 (i.e., a portion of Main Channel
North 1 and 2, Bay Isle Middle East and West [to depths below -10 ft MLLW], and isolated portions of
Balboa Channel) and that currently require dredging to achieve design depths are shown in Figure 1.
Proposed Dredged Material Characterization Program
In the following section, we describe the specific tasks needed to implement the proposed dredged
material characterization program that maximizes the volume of dredged material likely to be found
suitable for disposal at LA -3. A description and estimated costs associated with developing a SAP
' Newfelds, 2009. Dredged Material Evaluation of Lower Newport Bay, Newport Beach, California. Prepared for the City of Newport
Beach. November 2009.
2 USEPA/USACE (U.S. Environmental Protection Agency/U.S. Army Corps of Engineers), 1991. Evaluation of Dredged Material Proposed
for Ocean Disposal —Testing Manual. USEPA 503/8-91/001. USEPA Office of Water (4504F).
October 31, 2017
Page 7
(including vetting this through the DMMT process) and implementation of sampling, analysis, and
reporting are provided.
As described above, it is assumed that for all areas where previous data suggest material will be
ocean suitable, core collection to the design depth plus 2 feet for overdredging will be needed. For
areas where material was previously not found ocean suitable, core collection will be needed to
2 feet below the design depth (plus 2 feet for overdredging) to sample into the non -contaminated,
native layer and increase the likelihood of ocean suitability and a clean surface post -dredging. Finally,
in order to facilitate long-term harbor planning, the City has requested additional coring below the
design depths. This exploratory sampling has been broken into a separate task (Task 5).
Although Newport Channel and portions of Balboa Channel and West Lido are currently above
design depths, these subareas were not considered as part of this ocean disposal suitability testing
program due to the likelihood for elevated mercury and toxicity, based on previous studies
(Newfields 2009). Nonetheless, the degree of contamination remaining is unclear because some
contaminated material in this area was removed in 2012; therefore, it would be appropriate to further
evaluate this area as part of the exploratory sampling discussed in Task 5.
Task 1 — Develop Sampling and Analysis Plan and Dredged Material Management
Team Process
Anchor QEA will develop a SAP for the City that details the sampling and analysis strategy for federal
channel areas proposed for ocean disposal, as summarized in Table 1. The SAP will be prepared in
accordance with the OTM and the Evaluation of Dredged Material Proposed for Discharge in Waters of
the U.S. — Inland Testing Manual (1TM)3. The SAP will include procedures for sediment sample collection,
sample handling, physical and chemical analyses, biological testing, quality assurance/quality control
(QA/QC), and data analysis. A project map will be included with sampling locations and dredge units.
Prior to conducting field sampling activities, the SAP will first be presentenced to the USACE for
concurrence, and then subsequently presented with the USACE to the entire DMMT for approval.
Anchor QEA will represent the project at the DMMT meeting to obtain final concurrence.
Assumptions are as follows:
• Anchor QEA will develop a SAP and represent the City at the DMMT meeting.
• Multiple rounds of revisions to the SAP may be necessary based on input from the City and
the DMMT; however, additional DMMT meetings will likely not be required to obtain final
concurrence.
• The sampling program will be based on harbor areas proposed for ocean disposal (Table 1).
• The sampling program will not include areas in which limited dredging (i.e., less than 2,000 cy)
is required to achieve design depth.
3 USEPA/USACE, 1998. Evaluation of Dredged Material Proposed For Discharge in Waters of the U.S. —Testing Manual., Inland Testing
Manuol. USEPA-823-B-94-002. USEPA Office of Water (4305).
October 31, 2017
Page 8
• The core sampling program will not include areas previously shown to have significant
sediment contamination and toxicity and will likely need alternative disposal options (i.e.,
Newport Channel and portions of West Lido and Balboa Channel); however, some of these
areas could be further evaluated as part of the exploratory sampling described in Task 5 to
better understand the degree and extent of remaining contamination.
Task 2 - Sediment Sampling
Estimated costs for sampling and analysis were developed for the sediment characterization program
proposed herein (Table 1). Actual costs may vary based on input from the City, USACE, and DMMT
on the testing strategy and overall sampling approach, including changes to sampling areas,
locations, or volumes. Revised costs are divided into three tasks, including sediment sampling,
laboratory analysis, and development of the Sampling and Analysis Report (SAR).
Based on the proposed program, Anchor QEA will conduct sediment sampling at 46 stations within 11
dredge units (see Table 1). Dredge unit locations are shown in Figure 1. Sediment cores will be
collected using an electric vibracore to the design depth plus 2 feet of overdepth, except Main Channel
North 1 and 2 and Bay Isle Middle East and West, which will be sampled to 2 feet below the authorized
design depths plus another 2 feet for overdepth. As previously described, sampling to this deeper
depth will increase the likelihood of ocean suitability and ensure a clean surface post -dredging.
Multiple cores may be required at each station to obtain a sufficient volume for analysis. Individual
cores from each area will be combined to create composite samples for chemical analysis and
biological testing. Sediment from each station and Zdayer (the 0.5 -foot interval below project depth
plus overdepth) will be archived to further delineate the extent of contamination or characterize the
new surface layer, if needed. Reference sediment will be collected from the LA -3 reference site and
used for comparative purposes to determine suitability for ocean disposal. If the LNB federal channel
sampling program is performed with RGP 54, additional reference sediment collection will not be
required. Site water will be collected and used to create elutriate samples for bioassay testing. This task
includes costs associated with mobilization and demobilization of equipment and use of sampling
vessels. A Health and Safety Plan (HASP) has previously been developed for sediment sampling in
Newport Bay; therefore, only minimal updates are anticipated. The HASP will be distributed to the
project team for review and acknowledgement prior to sampling activities.
Assumptions are as follows:
• Vibracore sampling will be performed at 46 stations within 11 composite areas.
• Two Anchor QEA personnel will spend 8 days in the field performing vibracore sampling.
• Our subcontractor, Leviathan Environmental Services, will provide vibracore equipment and a
sampling vessel.
The City will provide a location to dock the sampling vessel for the duration of the sampling
program.
• Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3 by using a pipe
dredge. Reference material was collected in September 2017 as part of the City's RGP 54
October 31, 2017
Page 9
sediment sampling program; however, sediment holding times will expire prior to the Federal
Channel sampling program.
Task 3 — Laboratory Analysis
Based on the proposed program, 11 composite samples and the LA -3 reference sample will be
submitted for sediment chemistry and biological testing. In addition, it is anticipated that up to 20
discrete samples from individual stations or Z -layers may be submitted for analysis of mercury. All
testing will be performed per OTM and ITM guidelines. Sediment and tissue chemistry will be
performed by our subcontractor, Eurofins Calscience, Inc., and biological testing will be performed by
our subcontractor, Nautilus Environmental. Sediment chemistry of composite and reference samples
will include grain size, total organic carbon, total solids, metals, polycyclic aromatic hydrocarbons,
polychlorinated biphenyl (PCB) congeners, organochlorine (OC) pesticides, organotins, and pyrethroids.
Biological testing will include solid phase and suspended particulate phase bioassays, and
bioaccumulation tests. Upon completion of bioaccumulation testing, tissue samples will be submitted
for chemical analysis. The final analyte list for tissue samples will be established based on sediment
chemistry results. Anchor QEA will negotiate a reduced analyte list with the appropriate regulatory
agencies following the initial sediment testing. Based on previous LNB federal channel data from 2009
and RGP data from 2013, this cost estimate assumes that tissue chemistry will include lipids, mercury,
PCBs, and OC pesticides; however, this is subject to DMMT approval. Anchor QEA will perform data
validation to ensure sediment and tissue chemistry meets the project data quality objectives.
Assumptions are as follows:
• Costs are based on constituents typically analyzed for dredged material assessments within
the region.
• Eleven composite samples and reference sediment will be submitted for sediment chemistry
and biological testing.
• Up to 20 discrete samples from individual cores or Z -layer samples will be submitted for
mercury analysis.
• Up to 126 tissue samples will be submitted for lipids, mercury, PCBs, and OC pesticides;
however, the reduced analyte list is subject to DMMT approval.
• Samples will be archived at the chemistry laboratory for 6 months.
Task 4 — Sampling and Analysis Report and Dredged Material Management Team
Process
Anchor QEA will prepare a SAR documenting all activities associated with collecting, processing, and
analyzing sediment samples. The SAR will include chemical and biological results, statistical analyses,
QA/QC summaries, and suitability assessments. Chemistry results will be compared to the reference
sediment and appropriate sediment quality guidelines. Biological results will be compared to reference
sediment and appropriate laboratory controls. A project map will be included with the actual sampling
locations. Sediment core logs, chain -of -custody forms, laboratory reports, and data validation reports
October 31, 2017
Page 10
will be included as appendices. Anchor QEA will represent the project at the DMMT meeting to obtain
final concurrence on dredged material suitability.
Task 5 - Exploratory Sampling
The proposed sampling described in Tasks 1-4 includes dredging to the federally authorized design
depth (and in some cases deeper). Certain areas of the harbor, most notably the Main Channel
South (-10) and the Upper Channel (-10), are currently at or very close to the authorized design
depth, does not require dredging, and therefore not included as part of that sampling. As the City is
interested in dredging deeper in certain areas of the harbor, Anchor QEA is proposing an exploratory
sediment sampling program that will provide information to guide development of a dredge
program to allow for deeper channels to key areas of the harbor. Sediment cores will be collected
over a period of 2 days, targeting a total of 10 to 15 stations within the Federal Channels. Station
locations will be selected based on the most recent bathymetric data and coordination with the City
and County of Orange (County) regarding priority areas. The sediment cores will be collected using
an electric vibracore deployed from a small vessel. The footprint will be coordinated directly with the
City. Samples will be processed on the sampling vessel. Sediment from each core will be collected for
grain size and chemical analyses. In addition, sediment from the z layer depth (the new sediment
surface elevation after dredging) will be collected and archived for potential analysis.
Sediment samples will be submitted to Eurofins Calscience, Inc. (ECI), for physical and chemical
analyses. Physical and chemical analysis will include total solids (TS), total organic carbon (TOC), grain
size, metals, organotins, chlorinated pesticides, and polychlorinated biphenyl (PCBs) congeners.
Pyrethroids and polyaromatic hydrocarbons are part of the typical suite of analytes required by the
DMMT for dredged material evaluations in the region; however, concentrations have historically
been non -detect or measured at low concentrations and not a primary contaminant of concern in
Newport Harbor. Additionally, these contaminants would not facilitate more informed decision
making, and therefore will not be included in the exploratory sampling program. Z layer samples will
be archived and not analyzed unless requested. Anchor QEA will perform data validation to ensure
laboratory analyses meet the project data quality objectives.
Once the lab results are received, Anchor QEA will develop a memorandum that summarizes the
results of the exploratory sampling and analysis. The memorandum will include a summary of field
sampling activities, potential disposal options, a project map with actual sampling locations, and
sediment chemistry results. Chemistry results will be compared to appropriate sediment quality
guidelines. Sediment logs and photographs, chain -of -custody forms, laboratory reports, and data
validation reports will be included as appendices.
Schedule and Implementation
We will begin this scope of work immediately upon authorization to proceed from the City. The
timing for when the SAP will be presented at the DMMT meeting will be dependent on the City's
desire to commence with the work. The subsequent steps to ultimately dredge the harbor are
October 31, 2017
Page 11
consistent with the Dredging Management Objectives and Timelines previously provided and included
as Attachment A.
Per City approval, the next steps for implementing this program are as follows:
• City to provide input on the sampling approach, including recommended harbor areas
proposed for testing, sampling depths, and disposal alternatives
Anchor QEA to finalize sampling approach based on City's input and determine implications
on estimated sediment characterization costs, if necessary
• Anchor QEA to meet with USACE navigation and environmental planning staff for concurrence
with proposed approach
• Anchor QEA to develop SAP and present at monthly DMMT meeting for approval
• Anchor QEA to conduct sediment sampling and laboratory analysis
• Anchor QEA to develop SAR and obtain DMMT concurrence on suitability recommendations
• Anchor QEA to develop sediment management strategy for LNB dredging to restore
navigation depths including location, extent, and management approach for each area
• Anchor QEA to estimate implementation costs based on finalized disposal locations
• Anchor QEA to work with USACE to develop a funding strategy for project implementation
Summary of Costs
We are requesting authorization to proceed with the scope of work as previously described, with a
not -to -exceed cost of $422,200 (Table 2). We will perform these tasks on a time -and -materials basis,
per our rate sheet (Attachment B). We will only bill for time and materials actually expended.
Table 2
Estimated Costs
Task
Description
Estimated Cost
1
Develop Sampling and Analysis Plan and Dredged Material Management Team Process
$24,000
2
Sediment Sampling'
$95,700
3
Laboratory Analysis'
$217,700
4
Sampling and Analysis Report and Dredged Material Management Team Process'
$32,200
5
Exploratory Sampling
$52,600
Total
$422,200
Note:
1. Costs pending final discussion with the City of Newport Beach on the proposed dredged material characterization program.
October 31, 2017
Page 12
If you have questions or need additional information about this scope of work, please do not
hesitate to call us at (949) 347-2780.
Sincerely,
Steve Cappellino
Principal Scientist
Adam Gale
Managing Planner
Attachment A
Dredging Management Objectives and
Timeline
EXHIBIT B
SCHEDULE OF BILLING RATES
Anchor QEA, LLC Page B-1
Anchor QEA, LLC
CLIENT BILLING RATES
Professional Level Hourly Rates
Principal.................................................................................................................................................................................
$249
SeniorManager..................................................................................................................................................................
$222
Manager................................................................................................................................................................................
$207
SeniorStaff...........................................................................................................................................................................
$184
Staff3.....................................................................................................................................................................................
$162
Staff2.....................................................................................................................................................................................
$145
Staff1.....................................................................................................................................................................................
$122
SeniorCAD' Designer......................................................................................................................................................
$128
CADDesigner......................................................................................................................................................................
$107
Technician............................................................................................................................................................................
$104
TechnicalEditor..................................................................................................................................................................
$107
ProjectCoordinator..........................................................................................................................................................
$103
Special Hourly Rates
National expert consultant
All work by a testifying exp
EXPENSE BILLING RATES
Expense Rates
.............................................. $412
times professional level rate
ComputerModeling (per hour)................................................................................................................................$10.00
Graphic Plots (varies with plot size).................................................................................................................... $3-$6/sf
Mileage (per mile).................................................................................................................... Current Federal Standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants.........................................................................................................................................10%
Travel and other direct costs..........................................................................................................................................10%
Field equipment and supplies
' CAD: Computer Aided Design
............10%
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Anchor QEA, LLC Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
Anchor QEA, LLC Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Anchor QEA, LLC Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Anchor QEA, LLC Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 11/20/17
Dept./Contact Received From: Brittany/Raymund
Date Completed: 12/7/17 Sent to: Brittany/Raymund By: Jan
Company/Person required to have certificate: Anchor QEA
Type of contract:
Public Works
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/17 - 10/10/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++ / XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/17 - 10/10/18
A. INSURANCE COMPANY: Travelers Indemnity Company of America
B. AM BEST RATING (A-: VII or greater) A++/ XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ❑ Yes N No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): N N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No
H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/10/17 -10/10/18
A. INSURANCE COMPANY: Alaska National Insurance Compaq
B. AM BEST RATING (A-: VII or greater): A / IX
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
® Yes
❑ No
® Yes
❑ No
$1,000,000
® Yes
❑ No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 10/10/17-10/10/18, LLOYDS, NON -ADMITTED
$1M/$2M Liability Limits ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
12/7/17
Date
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) El ❑Yes [I No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed for Non -Admitted status of Auto and Professional Liability carriers. Risk
Management approved non -admitted carriers 9/19/17.
Approved:
Risk Management
* Subject to the terms of the contract.
Date