HomeMy WebLinkAboutC-8534-2 - PSA for Engineering and Planning Support for Lower Newport Bay Federal Channel Maintenance Dredging ProgramAMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
ENGINEERING AND PLANNING SUPPORT FOR LOWER NEWPORT BAY
FEDERAL CHANNEL MAINTENANCE DREDGING PROGRAM
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 10th day of March, 2022
("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 on file with the Secretary of
State is 1201.3rd Avenue, Suite 2600, Seattle, WA 98101 with a local address of 9700
Research Drive, Irvine, CA 92618, and is made with reference to the following:
RECITALS
A. On November 27, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and
planning support for the Lower Newport Bay Federal Channel Maintenance
Dredging Program ("Program"), including agency coordination and risk
assessments, sediment sampling, planning and design support, analyses, and
regulatory permitting ("Project").
B. On February 20, 2020, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement to November 26,
2023, to increase the total compensation, and to update insurance requirements.
C. Since entering into the Agreement, and Amendment No. One, Consultant was
asked to perform a higher volume of Work than was originally anticipated.
D. The parties desire to enter into this Amendment No. Two to increase the total
compensation, and to update insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONSULTANT
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 Eight Hundred Ninety
Seven Thousand Dollars and 00/100 ($897,000.00), 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 additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty Two Thousand Dollars and 00/100 ($82,000.00).
2. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: $ _ 3 -2Z
By:
on C.
ity Attorney p3p�a
ATTEST:
Date:
City Cl(
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: "P L
By:
GW.Leung
Ciager
CONSULTANT: Anchor QEA, LLC, a
Washington Limited Liability Company
Date:
Signed in Counterpart
By:
Steve Cappellino
Member
Date:
Signed in Counterpart
in
John Verduin
Member
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3- 3 -ZZ
By:
on C. p
ity Attorney o3�3
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Anchor QEA, LLC, a
Washington Limited Liability Company
Date: 1
� -Z2
By:
Steve Cappellino
Member
Date:
By:
/
B l' I
John Verduin
Member
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 3
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.
5. 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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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
Anchor QEA, LLC Page C-3
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.
F. 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.
G. 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.
H. 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 Agreement, 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.
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
October 11, 2021
Anchor QEA, LLC
1201 3rd Avenue, Suite 2600
Seattle, WA 98101
City of Newport Beach
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
Reference Number: FV00000311
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]
N
r
V) AMENDMENT NO. ONE TO
1
PROFESSIONAL SERVICES AGREEMENT
V WITH ANCHOR QEA, LLC FOR
ENGINEERING AND PLANNING SUPPORT FOR LOWER NEWPORT BAY
FEDERAL CHANNEL MAINTENANCE DREDGING PROGRAM
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 12th day of February, 2020
("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 9700 Research Drive, Irvine,
California 92618, and is made with reference to the following:
RECITALS
A. On November 27, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage Consultant to provide engineering and
planning support for the Lower Newport Bay Federal Channel Maintenance
Dredging Program ("Program"), including agency coordination and risk
assessments, sediment sampling, planning and design support, analyses, and
regulatory permitting ('Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
November 26, 2023, to increase the total compensation, and to update insurance
requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 26, 2023, unless terminated earlier as set forth herein."
2. 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.
3. 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 this 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 Eight Hundred Fifteen
Thousand Dollars and 00/100 ($815,000.00), 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 additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Eight Thousand Dollars and 00/100 ($38,000.00).
4. INSURANCE REQUIREMENTS
Exhibit C "Insurance Requirements — Professional Services," Section 5(A) to the
Agreement is hereby amended in its entirety and replaced with the following:
A. Evidence of Insurance. Consultant shall provide
certificates of insurance to City as evidence of the
insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and
other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to
commencement of performance. Current certification of
insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and
endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of
any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall
be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after
receipt of written notice of such cancellation or reduction
of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated
or has been provided through another insurance company
or companies. City reserves the right to require complete,
certified copies of all required insurance policies, at any
Anchor QEA, LLC Page 2
time. Consultant will be entitled to redact confidential or
proprietary information from any policy.
5. 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 3
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: Zq wzkD
By: l�
j-o!Aaron C. Harp CA �a\lZ^i"
City Attorney
ATTEST:
Date: • / � •Cl/
By: 4*q-S"M' -
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 2.1 Z• 1Ot-0
By:
'eE—
Grpi6e,lk. Leung
C"anager
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date:
By: Signed in Counterpart
Steve Cappellino
Member
Date:
By:
Signed in Counterpart
John Verduin
Member
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Anchor QEA, LLC Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITYATT RNEY'S OFFICE
Date: 1-202-0
F-0,r;Aaron C. Harp L,K ONITA zu
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
0
Member
Date:
By: Signed in Counterpart
John Verduin
Member
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Anchor QEA, LLC Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date: 2q 0 z
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: oa� , ` , By:
;Aaron C. Harp UM 6`I—LAI—t0 Grace K. Leung
City Attorney City Manager
ATTEST: CONSULTANT: Anchor QEA, LLC,
Date: Washington limited liability company
Date:
By: By:
Leilani I. Brown Steve Cappellino
City Clerk Member
Date: t 3(&Z -v
By:
leAJ)L-
Johp Ver uin
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Anchor QEA, LLC Page 4
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING AND PLANNING SUPPORT FOR LOWER NEWPORT BAY
FEDERAL CHANNEL MAINTENANCE DREDGING PROGRAM
TASK 6.1: CEQA Compliance — Additional Scope for Environmental Impact Report
("EIR")
Task 6.1 of the authorized contract addresses constructing the confined aquatic disposal
("CAD") site in compliance with the California Environmental Quality Act ("CEQA"). Based
on the preliminary scope of the Project, this task assumed the Project would require a
Mitigated Negative Declaration ("MND") to comply with CEQA. Several issues have arisen
that have led the Project team to reconsider what level of CEQA analysis may be the
most appropriate, most notably changes to the CEQA Guidelines.
On December 28, 2018, the State of California released revised CEQA Guidelines, and
the Natural Resources Agency adopted final text, which was approved by the Office of
Administrative Law and filed with the Secretary of State. The 2018 CEQA Guideline
Update provides new direction on numerous issues, including streamlining, tiering,
complex environmental document preparation, and climate change, and provides further
support for preference of an Environmental Impact Report ("EIR") under the fair argument
standard. As Consultant has begun to use the new guidelines in environmental
documents, Consultant is finding the new guidelines raise new questions, especially
regarding how to determine climate change significance. In addition, a number of recent
court cases have raised concerns on how to establish a defensible greenhouse gas
threshold (including Golden Door Properties, LLC v. County of San Diego/Sierra Club,
LLC v. County of San Diego).
On April 11, 2019, a meeting was held with the City's Planning Division to discuss the
updated Project guidelines and to determine if an MND was still the appropriate level of
CEQA analysis. Given the new guidelines and potential public scrutiny of the Project, it
was agreed that the safer course was to proceed with developing a focused EIR for the
Project. As planning for the Project has progressed, it is clear that public input will be
extensive, and the City has expressed interest in holding a public meeting to discuss
project planning and options. A focused EIR provides a structured way to solicit and focus
public input. In addition, even though a focused EIR may take some additional effort
upfront, the protection it affords in the face of potential challenges may save time in the
long run. The law effectively protects lead agencies under the "substantial evidence"
standard of judicial review to EIR challenges. As long as the EIR's factual conclusions
are supported by substantial evidence, the courts defer to the lead agency even if the
opposite conclusion could have been reached. However, MNDs are subject to the "fair
argument" standard of review. If a petitioner can provide substantial evidence showing
Anchor QEA, LLC Page A-1
that a project may have a significant adverse impact, the challenge to the MND is normally
upheld.
Consultant requires additional funding to address the additional requirements and level
of effort in pursuing a focused EIR rather than an MND. The additional effort includes the
following:
• Development and release of Notice of Preparation ("NOP")
o Support at the NOP public scoping meeting
• Development of a focused Draft EIR ("DEIR")
o DEIR specific analyses include alternatives analysis, cumulative effects,
growth -inducing impacts, and significant irreversible environmental
changes
o Support at the DEIR public meeting
• Development of a Final EIR and supporting documents
o Response to DEIR comments
o Development of the Mitigation Monitoring and Reporting Program
o Support for the Findings of Fact/Statement of Overriding Considerations
TASK 2: Newport Channel Sediment Sampling Program - Additional Scope for
Sediment Management Plan ("SMP")
Task 2 of the Agreement pertains to sediment sampling and sediment suitability
discussions with the Southern California Dredged Material Management Team ("SC
DMMT"). The basis for the SMP follows negotiations with the SC DMMT for sediment
characterized in support of the Newport Harbor Federal Channel dredging project. The
SC DMMT indicated that sections of the Federal Channel exceeding the U.S.
Environmental Protection Agency ("USEPA") recommended threshold of 1.0 milligrams
per kilogram (mg/kg) for mercury could be determined suitable for open ocean disposal
up to 1.5 mg/kg as long as the following conditions are met:
• The City develops an SMP to address dredged material determined unsuitable for
open ocean disposal.
• The City contributes to the EPA's existing monitoring efforts at the LA -3 Ocean
Dredged Material Disposal Site with respect to mercury testing.
This scope of work has been developed in response to the condition requiring
development of an SMP with the goal to establish a pathway for managing legacy
sediment within Newport Harbor.
Consultant shall develop the SMP in concert with City staff and will be the basis for the
ultimate design—including capacity—of the confined aquatic disposal ("CAD") facility.
The CAD has been proposed and conceptually supported by the SC DMMT as the most
effective means to manage unsuitable material from the Newport Harbor Federal Channel
dredging project and from other areas of Newport Harbor. The SMP will identify specific
Anchor QEA, LLC Page A-2
areas that may require an alternate disposal location and will define the volume of material
that may need to be managed. Under this proposed SMP, the City and its residents would
have an opportunity to place material in the CAD facility for a period of up to 10 years (or
less as determined later) following construction (based on agency approval and
community input). At the completion of the program, a clean cap would be placed at a
designed thickness to isolate the underlying materials. Additionally, the SMP will be an
integral part of the environmental review process and will support the justification and
need for the size and purpose of the CAD.
A key component of the SMP will be the City's Regional General Permit 54 ("RGP 54").
RGP 54 authorizes small-scale maintenance dredging for residential docks and
commercial marinas within the harbor and outside of the federal government's
responsibility. The SC DMMT determined much of the material within the defined RGP
54 boundary as suitable for unconfined aquatic disposal, but some areas were excluded
from the program (e.g., Rhine Channel). Other areas within the RGP 54 boundary require
additional confirmatory sampling before sediment disposal can be determined.
Specifically, the following areas are excluded from the RGP 54:
• Promontory Bay
• Balboa Yacht Basin
• Rhine Channel
Although the Rhine Channel is excluded from the RGP 54, additional dredging to remove
unsuitable material may not be feasible. In 2011, approximately 80,000 cubic yards of
contaminated sediments were removed from Rhine Channel and placed in the Port of
Long Beach's Middle Harbor Fill Site; however, some residual material remains. Other
areas within the RGP 54 boundary elsewhere in the harbor require additional testing to
confirm that dredged sediment, and the remaining Z -layer, is within the allowable
thresholds for mercury, polychlorinated biphenyl ("PCBs"), and/or
dichlorodiphenyltrichloroethane ("DDTs"), stipulated by the SC DMMT. Areas exceeding
the RGP 54 allowable confirmatory sampling thresholds are excluded from the RGP 54
and require an alternate disposal option. Therefore, the SMP will define and prioritize
these areas and volumes and provide justification explaining why capacity for the Rhine
Channel is not included. The SMP will further evaluate alternatives to address the Rhine
Channel.
The geographic size and capacity to design and construct a CAD is limited to available
areas within Newport Harbor. Based on previous coordination and collaboration with City
staff, the preferred location for the CAD is within the central open -water area of the harbor
between Bay Island and Lido Isle. Fully addressing and placing all of the unsuitable
material from the harbor into the CAD site is not realistic and would exceed the size and
potential capacity of the CAD. To address the agency's request to develop the SMP
specifically with that goal in mind, we will prioritize the different areas in the harbor
requiring an alternate disposal option based on the following priorities:
Anchor QEA, LLC Page A-3
1. Concentrations of unsuitable material: Those areas exhibiting the most elevated
concentrations will be the priority for placement in the CAD.
2. The City's long-term intended use: For example, the City is interested in replacing
the Balboa Yacht Basin marina, which is known to contain material with elevated
mercury concentrations and is therefore unsuitable for open ocean disposal. To
take advantage of the time during which the docks are being removed during
construction the City could conduct uninterrupted dredging of the unsuitable
material.
3. The need to achieve desired depths: Previous sediment characterization shows
some areas of the harbor with elevated concentrations of mercury and PCBs (e.g.,
Turning Basin and surrounding areas); however, recent bathymetry suggests that
there are no navigation constraints and dredging is not required.
Other sediment management options will be presented in the SMP based on the varying
conditions throughout the harbor. In some cases, placement of a clean cap may be a
viable solution as a long-term management option. Other areas may require further
characterization to isolate impacted sediment. Grant funding for projects that could
improve water quality will also be discussed in the SMP.
Following City approval of the SMP, we would present drafts to the USEPA and Regional
Water Quality Control Board. Based on their feedback, formal presentation to the SC
DMMT may be a subsequent step.
An outline of the SMP is included as Attachment A to this Scope of Work
Consultant has made the following assumptions in developing the SMP:
• The SMP shall be developed specially for material determined unsuitable for
unconfined aquatic disposal. Other factors such as source control and
management of clean material are not included as part of this Scope of Work.
• This Scope of Work and Schedule of Billing Rates does not include any regulatory
permitting support. Individual projects, such as dredging the Balboa Yacht Basin,
will require regulatory approvals prior to commencing work.
• This Scope of Work includes one in-person meeting with the City, one in-person
meeting with regulatory agencies (local, in southern California), and a presentation
at a future SC DMMT meeting (if needed).
Anchor QEA, LLC Page A-4
Attachment A — SMP Outline
City of Newport Beach Sediment Management Plan Outline
1 Introduction
1.1 Overview and Need for Sediment Management Plan
1.2 Setting: Newport Bay
1.3 Regional Sediment Management Regulatory Process
1.4 Regional General Permit 54
1.5 Toxics TMDL for Newport Bay
2 Existing Sediment Quality Conditions
2.1 Lower Newport Federal Channels
2.2 Regional General Permit 54
2.3 Promontory Bay
2.4 Balboa Yacht Basin
2.5 Rhine Channel
2.6 Summary of Material Suitable and Unsuitable for Unconfined
Aquatic Disposal
3 Overview of Sediment Management Options
4 Selection of Sediment Management Options
4.1 Confined Aquatic Disposal Site
4.2 Z -Layer Management for Regional General Permit 54
4.3 Additional Sediment Characterization to Isolate Areas of Impacted
Sediment
5 Permits and Agency Coordination
6 Schedule
7 Summary
8 References
Anchor QEA, LLC Page A-5
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING AND PLANNING SUPPORT FOR LOWER NEWPORT BAY
FEDERAL CHANNEL MAINTENANCE DREDGING PROGRAM
Task: Description: Cost:
6.1 Environmental Impact Report $20,000.00
2 Sediment Management Plan $18,000.00
Total: $38,000.00
Anchor QEA, LLC Page B-1
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist Is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 4/1/2020
Department: Public Works
Dept/Contact Received From: Raymund Reyes
Sent to: Marissa By: Raymund
Company/Person required to have certificate
Type of contract:
Anchor QEA
Professional Services Agreement
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/2019-10/10/2020
EFFECTIVE/EXPIRATION DATE: 10/10/2019-10/10/2020
A. INSURANCE COMPANY: Travelers Indemnity Company of America NAIC#25666
B. AM BEST RATING (A-: VII or greater): A++ XV
A.
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
0 Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
$1M occur / $2M agg
E. ADDITIONAL INSURED ENDORSEMENT — please attach
0 Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Is Company admitted in California?
included?
0 Yes ❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
included): Is it included?
❑✓ Yes No
❑
H. PRODUCTS AND COMPLETED OPERATIONS (Must
UM, $2M min for Waste Haulers): What is limits provided? $1M
include): Is it included? (completed Operations
status does
E.
not apply to Waste Haulers or Recreation)
❑ NIA [Z Yes ❑ No
Il. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/2019-10/10/2020
A.
INSURANCE COMPANY: Travelers Indemnity Company of America NAIC#25666
B.
AM BEST RATING (A-: VII or greater) A++ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
0 Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1M
E.
PRIMARY & NON-CONTRIBUTORY WORDING
ENDORSEMENT - please attach
Yes
❑ No
F.
HIRED AND NON -OWNED AUTO ONLY: ❑✓ N/A
❑ Yes
❑ No
G.
ADDITIONAL INSURED ENDORSEMENT—please attach
[2] Yes
❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
❑✓ Yes
❑ No
I.
SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: [Z] N/A
[]Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10110/2019-10110/2020
A. INSURANCE COMPANY: Travelers Indemnity Company of AmericaNAIC#25666
B. AM BEST RATING (A-: VII or greater): A++XV
C. ADMITTED Company (Must be California Admitted): Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory✓❑Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1M
F. WAIVER OF SUBROGATION (To include): Is it included? QYes [—]No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ❑✓ N/A ❑ Yes ❑ No
ADDITIONAL COVERAGES THAT MAYBE REQUIRED
✓❑ PROFESSIONAL LIABILITY 0/10/2019-10/10/2020
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY: Lloyds Syndicate, not admitted, A XV, $1M per occur
❑ POLLUTION LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑ BUILDER'S RISK
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
El
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
Professional Liability - Lloyds approved as a non -admitted carrier
IApproved:
Risk Management
4/29/2020
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
ENGINEERING AND PLANNING SUPPORT FOR LOWER NEWPORT BAY
FEDERAL CHANNEL MAINTENANCE DREDGING PROGRAM
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of November, 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 9700 Research Drive, Irvine, California 92618, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering and planning support for
the Lower Newport Bay Federal Channel Maintenance Dredging Program
("Program"), including agency coordination and risk assessments, sediment
sampling, planning and design support, analyses, and regulatory permitting
("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 October 31, 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 Seven Hundred Seventy
Seven Thousand Dollars and 00/100 ($777,000.00), 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 Adam Gale 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
Anchor QEA, LLC Page 3
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.
Anchor QEA, LLC Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
Anchor QEA, LLC Page 5
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, 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
Anchor QEA, LLC Page 6
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.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
Anchor QEA, LLC Page 7
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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
Anchor QEA, LLC Page 8
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
9700 Research Drive
Irvine, CA 92618
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Anchor QEA, LLC Page 9
Consultant shall be required to file such claim with the 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
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
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
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 Consultant 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 Consultant 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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
Anchor QEA, LLC Page 10
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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.
30.4 Inteqrated 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.
Anchor QEA, LLC Page 11
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 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: ( T) (o z0ya
By: da,- �_��_
poi; Aaron C. Harp M Oluttir
City Attorney
ATTEST: IV Date: o . g<
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
y:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date: "/3-0/16
By:
L" --
St ve appellino
Member
Date. -
By:
Jn 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 13
EXHIBIT A
SCOPE OF SERVICES
ANCHOR QEA, LLC — Engineering and Planning Support for Lower Newport Bay
Federal Channel Maintenance Dredging Program
Introduction/Background:
Anchor QEA, LLC, is presenting this scope of work and cost estimate to continue
support for the Lower Newport Bay (LNB) Federal Channel maintenance dredging
program. The overall intent of this program is to dredge the harbor to its current federally
authorized design depths. While the U.S. Army Corps of Engineers (USACE) is
responsible for funding the engineering design, environmental review, and construction
within the Federal Channel, they are not responsible for funding the design, permitting
and construction of any management requirements above and beyond taking the dredge
material to an approved ocean disposal site or placing the material onto a beach for
nourishment. This also includes the costs associated with designing, permitting and
constructing a confined disposal facility for the unsuitable material, if deemed necessary
for material management.
As is, Lower Newport Bay has significant quantities of impacted material which is
not currently identified as suitable for ocean disposal and may require special
management. There is, however, a process by which we might be able to reduce these
quantities, but further agency consultation will be required. The more material that the
City of Newport Beach (City) can get approved for ocean disposal the lower the program
costs will be for the City. To date, the City, with our support, has expended tremendous
efforts in conducting sediment investigations of the harbor to evaluate alternative disposal
options, conducted initial meetings with the USACE and U.S. Environmental Protection
Agency (USEPA), and documented the economic importance of the harbor. The steps
have allowed the federal funding process to gather steam, but additional work is needed
to continue to advance the project. Specifically, the City needs to assist the USACE with
the engineering design and environmental review for the federal channels and complete
the same for the development of disposal facility for whatever remaining material is not
approved for ocean disposal.
To meet the USACE budget requirements, all of these tasks must be completed
by the end of calendar year 2019 so that the project is considered "shovel -ready" by the
earliest time that federal funding could be made available. This will require that several
tasks be completed in parallel to meet the desired schedule.
The City began meeting with USACE in early 2017 to discuss the Federal Channel
maintenance dredging program. Initial meetings were conducted with higher-level City
and USACE staff, but eventually became focused to a smaller integrated group that
identified a strategic path forward as part of the request for federal funding.
Anchor QEA, LLC Page A-1
Initially, Anchor QEA prepared a Sampling and Analysis Plan (SAP) for use in
assessing disposal options. The SAP was presented to and approved by the Dredge
Material Management Team (DMMT) in December 2017, and sediment sampling
commenced in early 2018. The City, in collaboration with USACE, presented the sediment
sampling results to the DMMT in July 2018 and proposed unrestricted open -ocean
disposal for most of the material including certain areas with elevated levels of mercury,
dichlorodiphenyltrichloroethane (DDT), and polychlorinated biphenyls (PCBs) based on
the biological testing results which showed no toxicity to aquatic organisms. While the
DMMT did not agree with complete unrestricted open -ocean disposal, they were
amenable to a discussion about increasing the screening thresholds based on evaluating
potential ecological risks specific to Newport Bay. In addition to the areas with elevated
chemical levels, there was one portion of the Lower Bay that was not tested (Newport
Channel) based on high concentrations during past testing programs.
Under normal circumstances, using typical threshold levels that USEPA relies on
to determine if material is or is not suitable for open -ocean disposal, approximately
400,800 cubic yards (including over dredge) of the 888,100 -cubic yard dredge volume
would require management through an alternate disposal location. Using a slightly higher
threshold for mercury, PCBs and DDT would result in significantly less material that would
require separate management.
During sediment characterization efforts, Anchor QEA collected exploratory
samples within the portion of the Newport Channel that was not initially included in the
targeted sampling program to see if chemical concentrations had potentially been
reduced as a result of past dredge events. This area was initially excluded from the
Federal Channel SAP based on historical data and the 2012 Federal Channel dredging
analysis which showed elevated concentrations beyond the accepted thresholds.
Exploratory sampling during this recent sediment characterization in 2018 was intended
to confirm that this material was indeed contaminated and unsuitable for open -ocean
disposal. Unexpectedly, however, the characterization results from the exploratory
sampling for the majority of Newport Channel tested as favorable with much lower than
expected mercury' levels. These exploratory sampling results were then presented to the
DMMT in an abbreviated SAP in June 2018, and the City requested approval to collect
additional samples to complete a more comprehensive sediment investigation to assess
suitability for open -ocean disposal. The DMMT approved the SAP and the City's proposal
to collect additional samples from within Newport Channel. This portion of the Bay
contains more than 200,000 cubic yards of material above the authorized design depth,
so converting this volume to the Federal Channel maintenance dredging program would
1 During previous 2012 LNB dredging, the USACE dredged a portion of the unsuitable surface layer from
a portion of the Newport Channel, and disposed that material at the Port of Long Beach. Because this
previously dredged material only represented a small portion of the available material needed to achieve
design depths, the resulting material after 2012 was assumed to be unsuitable when developing the 2017
SAP.
Anchor QEA, LLC Page A-2
be a tremendous financial benefit to the City (i.e. reduced unsuitable material decreases
the City's responsibility for disposal options therefore reducing costs).
Table 1 shows the combined effect of increasing the thresholds and proving that
the material from the Newport Channel was suitable for ocean disposal, which reduces
the volume of unsuitable material and thus reduces the City's cost contribution for the
project. Note that these volumes have been calculated assuming a 1 -foot paid over
dredge allowance. While the contractor will be allowed a maximum of 2 feet in overdredge
allowance, they will only be paid for 1 foot, so we are assuming that for most areas they
will not exceed the 1 -foot depth. This is a very common assumption and one that we
typically see when looking at the final bathymetry depths. A map of lower Newport Harbor
shows the dredge units listed below, authorized depths and the need for dredging
required in multiple areas to achieve authorized design depths (Figure 1).
Table 1 Dredge Volume and Disposal (Assumes Approved Increased
Thresholds - Best Case Scenario)
Dredge Unit
Dredge
Unit
Code
Design
Depth
(feet
MLLW)
Ocean Suitable
Unsuitable
Total
Volume
Estimated
Volume to
Design
Depth (cy)
1 -Foot
Overdepth
Allowance
Volume (cy)
Estimated
Volume to
Design
Depth (cy)
1 -Foot
Overdepth
Allowance
Volume
(cy)
Turning Basin
TB
-20
0
0
38,900
42,700
81,600
Main Channel North 1
MCMI
-20
37,000
13,300
0
0
50,300
Main Channel North 2
MCN2
-20
33,600
11,600
0
0
4.5,200
Main Channel North 3
MCN3
-20
45,700
22,200
0
0
67,900
Main Channel North 4
MCN4
-20
25,600
14,300
0
0
39,900
Main Channel North 5
MCN5
-20
31,600
2Q750
0
0
52,350
Bay Island North
BIN
-15
83,700
29,850
0
0
113,550
Bay Island Middle East
BIME
-15
41,900
13,800
0
0
55,700
Bay island Middle West
BIMW
-15
43,300
12,400
0
0
55,700
Bay Island South
BIS
-15
49,900
15,250
0
0
65,150
Entrance Channel
EC
-20
38,900
11,650
0
0
50,550
Newport Channel
NC
-15
134,000
32,800
33,000
10,400
210,200
Total
--
--
565,200
197,900
71,900
53,100
888,100
Another component in developing the request for federal funding was to
demonstrate the harbor's economic importance locally and at the state and federal levels.
The City retained an independent economic research and consulting firm, Beacon
Economics, LLC, to document regional and national economic benefits resulting from
maintaining deeper channels within Newport Harbor. Based on the analysis, the harbor's
commercial activities directly and indirectly generate an estimated $1 billion in economic
output, support 8,394 jobs, and generate $366.4 million in labor income.
Anchor QEA, LLC Page A-3
The preliminary results of the aforementioned sediment investigation and the
economic analysis were included in the City's formal funding letter requesting federal
allocation to dredge Newport Harbor. Funding requests were submitted to Colonel Gibbs,
Los Angeles District Commander, in Spring 2018. While this initial request for federal
funding was unsuccessful, the City continued to pursue various opportunities, and a small
starter -fund was eventually allocated by the USACE to provide preliminary design and
planning -level project review which is a positive indication for future federal support.
Scope of Work
The following tasks have been identified to be completed concurrently, whenever
possible, to maximize efficiency with respect to the condensed timeline for a shovel -ready
project. Task 1 focuses on continuing negotiations with the USACE and USEPA to
increase the screening thresholds for several chemicals as a way of increasing the
amount of material that can be disposed in the ocean. Task 2 focuses on formally testing
the Newport Channel area in an attempt to prove that chemical concentrations have been
reduced to a point where that material can also be allowed for ocean disposal. Task 3 is
for completing the engineering design of the federal channels for the USACE to use in
advancing the project. Task 4 is for permitting and designing a disposal facility for the
material not suitable for ocean disposal. Task 5 covers the National Environmental Policy
Act (NEPA) evaluation for the federal channels and Task 6 covers the CEQA evaluation
for the disposal facility for unsuitable material. Each is described in more detail in the
following sections.
Task 1: Continued Agency Coordination and Risk Assessment
Task 1.1: Continued Coordination and Risk Assessment
Anchor QEA will continue coordinating with the DMMT on a sediment suitability
determination as well as to evaluate alternative disposal locations for material not
determined suitable for open ocean disposal.
In support of that effort, we will conduct an ecological risk evaluation to derive
protective screening thresholds and document the exposure assumptions, assessment
methods, and risk conclusions. The risk evaluation would follow standard Guidelines for
an Ecological Risk Assessment 2 and incorporate Ocean Disposal Testing Manual (OTM)3
and Inland Testing Manual (ITM)4 evaluation methods for dredged material proposed for
open -ocean disposal to ensure compliance with regulations. The uncertainties around the
bioavailability and effect estimates will be summarized in a weight -of evidence framework.
The most appropriate screening levels will be selected.
2 USEPA, 1998. Guidelines for Ecological Risk Assessment. USEPA/630/R-95/002F. USEPA, Washington, DC. April 1998.
3 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.
4 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-4
Following completion of the assessment, a technical memorandum will be provided to the
City that details the risk assessment, including the problem formulation, exposure and
effects analyses, risk characterization, and uncertainty assessment.
In 2009, Anchor QEA evaluated alternative disposal options within a limited
geographic extent to Newport Harbor. Some evaluated options may still be technically
feasible, but these options would most likely be publicly opposed and, in our opinion, be
very difficult to advance along with being cost prohibitive. In October 2018, Anchor QEA
and the City met informally with USEPA to discuss an open -ocean disposal concept. The
approach included constructing a confined aquatic disposal (CAD) site of sufficient size
to support material in the harbor determined unsuitable and placing a cap layer with the
remaining clean dredged material. USEPA`s initial response was that under the Marine
Protection, Research, and Sanctuaries Act (also known as the Ocean Dumping Act)
disposing of material that would "unreasonably degrade or endanger" human health,
welfare, or the marine environment is prohibited within the federal territorial waters.
However, the possibility for an in -harbor CAD may be feasible. Additional research and
analysis on a suitable CAD location for open -ocean disposal is required, and this task
would continue to explore opportunities in coordination with USEPA.
Task 2: Newport Channel Sediment Sampling Program
Task 2.1: Field Sediment Sampling
Anchor QEA will conduct additional sediment sampling at 12 stations (representing
up to three dredge units within Newport Channel), as presented and approved during the
June 2018 DMMT meeting. Cores will be collected using an electric vibracore to the
design depth (-15 feet mean lower low water) plus 2 feet of overdepth. Multiple cores may
be required at each station to obtain a sufficient volume for analysis. Individual cores from
each station will be submitted for chemical analysis. Reference sediment will be collected
from the LA -3 Ocean Dredged Material Disposal Site (ODMDS) reference site and used
for comparative purposes to determine suitability for ocean disposal. 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.
Task 2.2: Laboratory Analysis
Based on the proposed program, 12 discrete samples from individual stations and
the LA -3 ODMDS reference sample will be submitted for sediment analysis. Based on the
analytical chemistry results, up to three composite samples and the LA -3 ODMDS
reference samples will be submitted for biological testing. Z -layer samples (i.e. the
remaining material layer after dredging) will be archived to allow for additional analysis if
needed. All testing will be performed per OTM and ITM guidelines. Sediment and tissue
analyses will be performed by our subcontractor, Eurofins Calscience, Inc., and biological
testing will be performed by our subcontractor, Nautilus Environmental. Sediment
analyses of discrete samples from individual stations and reference samples will include
Anchor QEA, LLC Page A-5
grain size, total organic carbon, total solids, metals, polycyclic aromatic hydrocarbons
(PAHs), PCB congeners, organochlorine (OC) pesticides, organotins, and pyrethroids.
Biological testing will include solid phase and suspended particulate phase bioassays and
bioaccumulation testing. 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 DMMT following the initial sediment testing. Based on previous
Federal Channel data from early 2018, tissue chemistry includes lipids, mercury, PCBs,
and OC pesticides; however, this list is subject to DMMT approval. Anchor QEA will
perform data validation to ensure sediment and tissue chemistry meets the project data
quality objectives.
Task 2.3: Sampling and Analysis Report and DMMT Coordination
Anchor QEA will prepare an abbreviated Sampling and Analysis Report (SAR) (or
addendum) to document 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 LA -3 ODMDS reference sediment and appropriate sediment quality
guidelines, and biological results will be compared to LA -3 ODMDS reference sediment
and appropriate laboratory controls. A project map will note actual sampling locations.
Sediment core logs, chain -of -custody forms, laboratory reports, and data validation
reports will be included as appendices. Anchor QEA will present the SAR at the DMMT
meeting to obtain final concurrence on dredged material suitability.
Task 2 Assumptions
Assumptions are as follows:
• Two Anchor QEA personnel will spend 2 days in the field performing vibracore
sampling.
• Vibracore sampling will be performed at 12 stations representing up to three
composite areas.
• Our subcontractor, Leviathan Environmental Services or Marine Taxonomic
Services, Ltd., 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 (e.g. Balboa Yacht Basin, Marina Park or available mooring)
• Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3
ODMDS by using a pipe dredge. Reference material was collected in January 2018
as part of the City's initial Federal Channel dredging sediment sampling program;
however, standard sediment holding times have expired.
Anchor QEA, LLC Page A-6
• Constituents include those typically analyzed for dredged material assessments
within the region.
• Twelve discrete samples from individual stations and reference sediment will be
submitted for sediment chemistry.
• Up to three composite samples and reference sediment will be submitted for
biological testing.
• Z -layer samples will be archived to allow for additional analysis if needed.
• Up to 42 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 3: Federal Channel Design Support
Anchor QEA will design the limits and extents of dredging in the Federal Channel.
We will prepare a dredge cut layout that considers Federal Channel boundaries and the
authorized dredge depths. The dredging design will incorporate allowable overdredge
depths and stable side slopes to allow removal of sediment materials. The dredging
boundaries will adhere to the boundaries developed during past dredging efforts in the
Federal Channel.
The dredging design documents will also specify the hauling and final disposition
of the dredged material in a presumed nearby CAD site (to be designed as part of Task
4). Dredge material volumes will be estimated using existing bathymetric data, and
material characteristics will be described using subsurface information gathered during
sediment sampling efforts in 2018 and as described in Task 2.
Design documents (including technical specifications and construction drawings)
will be formatted using the current USACE design document standards and protocol.
Task 4: Confined Aquatic Disposal (CAD) Planning and Design
Task 4.1: Geotechnical Investigation for CAD Site
One of the critical needs for designing a CAD site is an accurate understanding of
the subsurface sediment conditions. This is commonly conducted through geotechnical
borings. If the City is able to target a CAD location outside or the Harbor, Anchor QEA will
conduct geotechnical borings at representative locations at the planned location of the
CAD site. We will select a drilling subcontractor and provide oversight and record-keeping
during the drilling operation. Borings will be logged, and samples will be sent to a
geotechnical laboratory for analysis (e.g. grain size distribution and other geotechnical
properties such as Atterberg limits) to provide the necessary parameters for designing
the CAD site, conducting slope stability analyses, and modelling of the cap. Borings will
also provide information on the type of materials that will be excavated to create the CAD.
Anchor QEA, LLC Page A-7
If siting the CAD outside the Harbor is not feasible, the City will be forced to focus
its efforts on locations inside the Harbor. These areas were already tested during previous
investigations so sufficient data currently exists and these costs can be eliminated.
Task 4.2: CAD Design and Chemical Confinement Analysis
Anchor QEA will design the CAD, including selecting and documenting its location,
dimensions, and side slopes. Design drawings will incorporate the most recent available
bathymetric data performed by the USACE in summer 2018, if available. If not available,
we would rely on the survey completed by the USACE in 2017.
Anchor QEA will also evaluate the adequacy of the cap to provide long-term
isolation of chemicals originating from sediments placed in the CAD site (after being
dredged from various locations in the Federal Channels). Long-term chemical transport
mechanisms will be evaluated using standard diffusion and porewater flow-through
modeling calculations to assess the ability of the cap to prevent breakthrough of key
chemical constituents.
Hydrodynamic modeling will be used, as appropriate, to evaluate potential scour
forces acting on the sediment cap and thereby to determine appropriately stable particle
sizes. The scour force evaluation will include assessing wind waves, storm waves, vessel
wakes, and/or propeller wash forces from vessels that are expected to travel through the
area.
This scope of work assumes that acceptable and permittable locations can be
readily identified for the CAD site and placement location for material excavated from the
CAD. Therefore, we have not budgeted significant time for rigorous review, feasibility
analysis, or cost -benefit evaluations for multiple potential sites. Other potential areas of
study or analysis that would require additional design budget, if necessary and/or
requested by stakeholders or regulatory agencies, could include:
• Evaluating deep subsurface groundwater or aquifer layers in the area of the CAD
Protecting against scour forces or vessel propeller wash acting on the CAD
surface
• Placing material from multiple locations (other than Newport Harbor) within the
CAD site
• Integrating habitat substrate or public access features at CAD site surface or at
excavated material placement location
• Performing a structural analyses for features in the near vicinity of the CAD site
or the excavated material placement location
Task 5: USACE Environmental Assessment and Regulatory Permitting
Anchor QEA, LLC Page A-8
To facilitate the project proceeding in an efficient manner and under a very tight
timeline, Anchor QEA proposes supporting USACE with development of the National
Environmental Policy Act (NEPA) draft Environmental Assessment (EA) and providing
drafts of regulatory permit applications and supporting letters.
Task 5.1: USACE Environmental Assessment
USACE is the lead federal agency for maintenance dredging occurring within the
Federal Channel. In collaboration with USACE, Anchor QEA will develop a draft NEPA
EA for use by USACE. Development of the draft will heavily rely on the Corps' previous
EA used for the 2012 Federal Channel dredging effort. The EA will focus both on the
actual maintenance dredging function as well as alternate disposal options for material
determined not suitable for open -ocean disposal. The alternate disposal location
assessment will defer to technical studies and analysis completed as part of Task 4 and
as part of the City's environmental analysis presented in Task 6.
Task 5.2: USACE Maintenance Dredging Regulatory Permits
Regulatory permits described in this task include only approvals for the actual
maintenance dredging within Newport Harbor. Permits associated with construction,
disposal, and long-term monitoring of CAD are presented in Task 6. Regulatory approvals
for maintenance dredging are required under Section 401 of the Clean Water Act and
Federal Consistency review. Anchor QEA will prepare a California Coastal Commission
(CCC) Federal Consistency letter for USACE and a draft application for submittal to the
Regional Water Quality Control Board (RWQCB).
USACE is the lead federal agency under NEPA and will handle all communications
with the other regulatory and resource agencies. USACE does not issue itself an actual
approval; however, consultation with other resource agencies is completed as part of the
project's environmental planning process. Anchor QEA will prepare drafts of the following
documents to support this consultation:
• Essential Fish Habitat Assessment Report and cover letter to support
consultation with the National Marine Fisheries Service (NMFS)
• Endangered Species Act and Marine Mammal Protection Act Compliance Report
and cover letter to support consultation with the U.S. Fish and Wildlife Service and NMFS
• Section 106 Consultation letter to the State Historic Preservation Officer
Task 5 Assumptions
Assumptions are as follows:
• USACE will provide a Word file of the 2011 EA (dated September 2011).
• USACE will identify alternatives to be evaluated under the EA.
Anchor QEA, LLC Page A-9
• Consistent with the 2012 Federal Channel dredging effort, USACE will issue a
Finding of No Significant Impact (FONSI). If a more robust NEPA environmental
review is required, then a new scope of work would be submitted.
• Anchor QEA will assist in responding to one round of internal and public USACE
review comments.
• USACE will be responsible for finalizing the draft documents, posting it online for
public input, responding to public comments, and developing a final draft and
decision document.
• The EA will rely solely on the results of 2016 harbor -wide eelgrass survey data
(both deep and shallow water) and a partial shallow water eelgrass survey
completed in summer/fall 2018 (shallow water only). No new surveys are
proposed.
• An assessment of impacts to eelgrass will be coordinated with USACE.
Development of an eelgrass mitigation plan, if required, is not included in this
scope of work.
• Draft letters and permit applications will be provided to USACE to initiate review
with other resource and regulatory agencies.
• Anchor QEA will assist USACE in responding to up to two rounds of agency
comments.
• No new technical reports are included in this scope of work.
Task 6: City of Newport Beach Environmental Document and Regulatory Permitting For
CAD
The City will be the lead agency under the California Environmental Quality Act
(CEQA) and will be responsible for complying with CEQA and securing all regulatory
agency approvals for construction and long-term monitoring of the CAD site.
Task 6.1: CEQA Compliance
Anchor QEA will work closely with the City's Planning Department to develop the
project description, alternatives to be evaluated, and the project schedule. The project
description will identify project objectives, describe construction means and methods, and
provide a list of permits and approvals required to implement the project. Anchor QEA will
coordinate with the City to determine whether a public scoping meeting is appropriate or
not. Given the unique characteristics of the project, we believe a scoping meeting will be
beneficial and have incorporated budget to support this effort.
If the initial study reveals that no significant impacts would result with mitigation
measures, we will prepare an Initial Study (IS) and Mitigated Negative Declaration (MND)
to comply with CEQA requirements. We will prepare an Administrative Draft IS/MND,
Anchor QEA, LLC Page A-10
incorporate City comments in the Administrative Draft IS/MND, produce a Public Draft
IS/MND, and facilitate publication of the Notice of Availability (NOA) of the Public Draft
IS/MND. Following completion of the public review period, we will assist the City in
revising the IS/MND in response to comments received to produce the Final IS/MND for
City approval. Following completion of the preliminary CAD design (described in Task 4),
CEQA compliance is anticipated to take approximately 6 to 9 months. However,
maintaining this timeline is contingent on the City's commitment to adhere to tight
timelines and extent of public comments.
Task 6.2: CAD Regulatory Agency Permits
CAD construction will likely require permits from USACE, RWQCB, CCC, and
California State Lands Commission (CSLC). Permit applications are typically prepared
using preliminary (30%) designs. Obtaining all regulatory approvals is anticipated to take
approximately 9 to 12 months from the time the preliminary design is available for use in
assembling permit application packages; however, the final duration of the permit process
and decision for issuing the permit is dependent on the agencies.
To accomplish the permitting needs for this project, Anchor QEA proposes to start
with a pre -application meeting with regulatory agency representatives (including
continued coordination with USEPA as described in Task 1). This meeting must occur
sufficiently early in the process to allow time to submit all permit applications. One key
goal of the pre -application meeting is to discuss submission of the permit applications
before the CEQA process is complete. Typically, we recommend submitting the permit
applications shortly after receiving any comments from the public review period; however,
given the tight timeline of this project, submitting applications prior to the CEQA public
notice may not be feasible. Rather, the approach is to submit shortly after initial outreach
meetings with key stakeholders or following the public scoping meeting. Although there
is risk in submitting this early in the CEQA process, this approach may expedite the
regulatory application submission dates and the overall environmental timeline.
Submitting at this point in the CEQA process will be confirmed with the agencies during
the pre -application meetings. Senior City staff and officials will be involved in these pre -
application meetings with the agencies to demonstration the importance and time
sensitive nature of the projects.
The pre -application meeting will also serve as an opportunity to discuss the
Project's approach and to solicit agency feedback. This communication is extremely
valuable for educating agency staff about the importance of the project and for developing
more robust applications that address the specific needs of the agencies.
We have assumed two in-person meetings with participation from each agency.
Two Anchor QEA staff will participate in the meeting to address engineering -related
questions and permitting topics. Following the meeting, minutes will be assembled and
distributed to all agency attendees. We will make every attempt to coordinate a single
meeting with all representative agencies but have assumed and budgeted for two
meetings due to the agencies' schedules. Anticipated permits are as follows:
Anchor QEA, LLC Page A-11
• Coastal Development Permit: Anchor QEA will prepare a Coastal Development
Permit application for submittal to the CCC. We will act as the City's representative and
respond to additional information requests from CCC staff and public comments. To help
expedite the review process, we could prepare a draft CCC Staff Report. This approach
has shown to save considerable time, as exemplified by the Rhine Channel Sediment
Cleanup. Anchor QEA will attend the Coastal Commission hearing once the project is
agenized.
• Standard Individual Permit: USACE will be the lead agency for the Rivers and
Harbors Act Section 10 and Clean Water Act Section 404 permits as well as associated
consultations for Endangered Species Act/Essential Fish Habitat (ESA/EFH). A Standard
Individual Permit from USACE will likely be the appropriate permit for the project. Anchor
QEA will prepare an application, a draft public notice, supporting ESA/EFH information
for use by USACE, and a draft NEPA EA for the USACE Regulatory Division.
• Clean Water Act Section 401 Water Quality Certification: A Clean Water Act
Section 401 Water Quality Certification (WQC) will be required by the Santa Ana
RWQCB. Anchor QEA will prepare a Section 401 WQC application for submittal to the
RWQCB and respond to requests for information from RWQCB staff. Water quality
studies, including field monitoring efforts during construction, are not included in this
scope of work.
• Surface Lease Agreement: Anchor QEA will prepare a Surface Lease Agreement
application for submittal to the CSLC and respond to requests for information from CSLC
staff.
Task 6 Assumptions
Assumptions are as follows
• Anchor QEA will manage a biological survey of the proposed CAD site.
• Anchor QEA will provide support to the City in management of all CEQA
administrative tasks, including the preparation of mailings and notices.
• Anchor QEA will prepare an Administrative Draft, Public Draft, and Final IS/MND.
• Anchor QEA will attend two City Council meetings on the IS/MND, as needed.
• Anchor QEA will attend up to four meetings with the City at critical parts of the
CEQA process.
• Costs of reproduction and mailing will be paid by the City and are not included in
this scope of work.
• Document filing fees, permit application fees, and newspaper advertising fees will
be paid directly by the City and are not included in this scope of work. If requested,
Anchor QEA, LLC Page A-12
and to save time, Anchor QEA could cover the application filing fees and then
submit as a reimbursement expense to the City.
• Any additional reporting or long-term monitoring, including specific permit
compliance conditions, is not included in this scope of work.
Attachments
Figure 1 - Comparison of 2017 Harborwide Bathymetric Survey to Authorized
Design Depths
Anchor QEA, LLC Page A-13
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Anchor O EA,LLC Page A-]4
EXHIBIT B
SCHEDULE OF BILLING RATES
ANCHOR QEA, LLC — Engineering and Planning Support for Lower Newport Bay
Federal Channel Maintenance Dredging Program
Task
Description
Estimated
Cost
1
Continued Agency Coordination and Risk Assessment
$30,000
2
Newport Channel Sediment Sampling Program
$155,000
3
Federal Channel Design Support
$150,000
4
Confined Aquatic Disposal Planning and Design
$130,000
5
USACE Environmental Assessment and Regulatory
Permitting
$137,000
6
City of Newport Beach Environmental Document and
Regulatory Permitting
$175,000
Total
$777,000
Anchor QEA, LLC Page B-1
Anchor QEA, LLC
2018 CLIENT BILLING RATES
Professional Level Hourly Rates
Principal................................................................................................................................................................................. $256
SeniorManager..................................................................................................................................................................
$229
Manager................................................................................................................................................................................
$213
SeniorStaff...........................................................................................................................................................................
$190
Staff3....................................................................................................................._..............................................................
$167
Staff2.....................................................................................................................................................................................
$149
Staff1.....................................................................................................................................................................................
$126
SeniorCAD' Designer......................................................................................................................................................
$132
CADDesigner......................................................................................................................................................................$110
Technician............................................................................................................................................................................
$107
SeniorTechnical Editor.................................................................................................................................................... $130
TechnicalEditor..................................................................................................................................................................
$110
SeniorProject Coordinator............................................................................................................................................
$124
ProjectCoordinator..........................................................................................................................................................
$106
Special Hourly Rates
Nationalexpert consultant............................................................................................................................................ $424
All work by a testifying expert .................................................................................1.5 times professional level rate
EXPENSE BILLING RATES
Expense Rates
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%
Traveland other direct costs..........................................................................................................................................10%
Field equipment and supplies....................................................................
CAD: Computer Aided Design
Anchor QEA, LLC Page B-2
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.
5. 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 Agreement, 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: 12/12/18
Dept./Contact Received From: Raymund
Raymund By: Jan
Anchor QEA — Dredging Contract
Other
Date Completed: 12/17/18 Sent to
Company/Person required to have certificate:
Type of contract:
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/18 — 10/10/19
A. INSURANCE COMPANY: Travelers Indemnity Company
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
B.
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
ADMITTED COMPANY (Must be California Admitted).-
dmitted):Is
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
❑ No
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
$1,000,000
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
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/18 — 10/10/19
A.
INSURANCE COMPANY: Travelers Indemnity Company
B.
AM BEST RATING (A- : VII or greater) A++ / XV
C.
ADMITTED COMPANY (Must be California Admitted).-
dmitted):Is
IsCompany admitted in California?
N Yes
❑ 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.
ADDITIONAL INSURED WORDING:
❑ N/A
N Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
N Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
N N/A
❑ Yes
❑ No
1.
NOTICE OF CANCELLATION:
❑ N/A
N Yes
0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/10/18 —10/10/19
A. INSURANCE COMPANY: Alaska National Insurance Company
B. AM BEST RATING (A-: VII or greater): A / X
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 10/10/18-10/10/19 LLOYDS SYNDICATE 2623
Rated: A/XV, Non -Admitted Limits: $1M/$2M ❑ 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
12/17/18
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 $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed for Non -Admitted Professional Liability carrier. 12/12/18 Risk Management
approved use of non -admitted Professional Liability carrier.
Approved:
Risk Management
* Subject to the terms of the contract.
Date