HomeMy WebLinkAbout10 - Approval of Amendment to PSA for Regional General Permit (RGP-54) Sediment Suitability CharacterizationQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
December 13, 2022
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Administrative Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Approval of Amendment No. One to Professional Services
Agreement with Anchor QEA, LLC for Regional General Permit
(RGP-54) Sediment Suitability Characterization
ABSTRACT:
The City of Newport Beach (City) manages a harbor -wide dredging permit for the use of
residents for their dredging needs. A condition of the City's Regional General Permit
(RGP-54) requires a sediment suitability characterization of the material along the
harbor's perimeter and within the permitted area. The current contract with Anchor QEA,
LLC for this service was approved in June 2022, and the project is currently underway.
Staff requests an amendment to the current agreement for $257,000 to collect and test
additional sediment samples for a higher resolution testing program as required by the
U.S. Environmental Protection Agency (USEPA).
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Budget Amendment No. 23-043 appropriating $581,553 in increased
expenditures in Account No. 10101-980000-22H07 (Tidelands Capital Harborwide
Dredging/Planning) from the unappropriated Tidelands Capital fund balance; and
c) Approve Amendment No. One to Professional Services Agreement with Anchor QEA,
LLC for Regional General Permit Sediment Suitability Characterization to increase the
total not -to -exceed amount by $257,000 for a total not -to -exceed amount of $581,553,
and authorize the Mayor and City Clerk to execute the amendment.
DISCUSSION:
Dredging under private residential slips and commercial marinas is the responsibility of
the respective property owners in Newport Harbor. Depending on several factors such as
location, wind waves, tidal current, boat wakes, lateral sediment flow and vessel draft
required within each slip, some areas in the harbor require frequent dredging while other
areas might seldom be dredged over the years.
10-1
Approval of Amendment No. One to Professional Services Agreement for
Regional General Permit (RGP-54) Sediment Suitability Characterization
December 13, 2022
Page 2
Because the dredging permit process is complicated and cumbersome, especially for
those who are unaccustomed to processing marine -related permits, the City has
maintained and been the permittee of the RGP-54 for several decades. The RGP-54 is a
harbor -wide permit managed by the City, but used by residents for their dredging needs
assuming their projects comply with the conditions therein.
As the underlying permittee of the RGP-54, the City must also comply with the permit's
conditions of which the primary one is sediment characterization every five years to
determine its suitability for either open -ocean disposal at the federally managed disposal
zone located six miles from the entrance channel ("LA-Y), or for beach nourishment
within the harbor.
Anchor QEA, LLC was contracted by the City for this work, and the sediment
characterization is currently underway. Sediment characterization includes three main
components in a laboratory setting: chemical analysis, animal survivability (bioassay),
and increase in the concentration of a chemical in a biological organism over time
(bioaccumulation). Animals used in the testing process generally include certain worms,
amphipods (small crustaceans), fish, and bivalves (e.g., clams and mussels).
Animal survivability using the amphipod Ampelisca abdita, a common organism used for
Newport Beach sediment testing, was performed but the survival rate was low in the
laboratory control and reference samples. Further reference tests also indicated that the
organisms were more sensitive than normal. In coordination with the USEPA, the
bioassay test was repeated, yet the survival in the control and reference samples was not
acceptable. Based on these results and coordination with other testing laboratories who
use the same species, the quality of the Ampelisca abdita population was poor likely
resulting from a population turnover that occurs during certain times of the year. Based
on further coordination with the USEPA, the test was again repeated using a laboratory
cultured species Leptocheirus plumulosus that is generally not susceptible to the
previously observed issues. This test also resulted in repeated failures including the
reference sample. These results were highly unexpected and irregular based on decades
of historical testing data in Newport Bay.
Building upon all the sediment sampling results to this point, the USEPA is now requiring
a higher -resolution testing program to demonstrate that the amphipods pass the test. All
the previously used harbor sediment samples are now outside the allowable holding time,
therefore new sediment samples will be collected both within the harbor and at LA-3. The
supplemental sampling approach requested is based on the culmination of multiple
meetings and coordination with the USEPA. The USEPA ultimately determines sediment
suitability as required under the RGP-54 program.
To conduct these additional tests, four tasks have been identified: (1) planning and
coordination, meetings, and preparation of a Supplemental Sampling and Analysis Plan;
(2) sediment core sampling; (3) laboratory analysis; and (4) reporting.
Of the above tasks, only portions of the prior authorized work requires re -testing. Also, a
higher resolution testing program generally means that more sampling locations must be
identified. Therefore, the City and the USEPA negotiated additional locations and
groupings (composites). Lastly, a different laboratory is proposed to perform the
amphipod tests.
10-2
Approval of Amendment No. One to Professional Services Agreement for
Regional General Permit (RGP-54) Sediment Suitability Characterization
December 13, 2022
Page 3
The major cost component of this re -testing effort is the third party sediment collection
vessels and the laboratory analysis which represent approximately 54% of the proposed
costs.
The RGP-54 program is an important benefit for the harbor and its residents, many of
whom have already received their permits and have paid their fees, but are waiting for
the sediment characterization program to conclude so the dredger can commence work
immediately.
Staff requests an amendment to the Regional General Permit (RGP-54) Sediment
Suitability Characterization with Anchor QEA, LLC to include an additional $257,000 for
a total not -to -exceed amount of $581,553.
:9UOT1MlMUAft6
The adopted Capital Improvement Program (CIP) budget inadvertently left out the funding
necessary for the RGP-54 testing, which was included within the FY2021-22 CIP 5-year
financial plan but did not get included in the current FY 2022-23 CIP budget. For that
reason, the entire not -to -exceed amount of $581,553 is included in the Budget
Amendment. With the approved Budget Amendment, the CIP budget will include
sufficient funding for this agreement. It will be expensed to the Tidelands Capital Fund in
the Public Works Department, 10101-980000-22H07. The Tidelands Capital Fund was
created to allow for sequestration of incremental increases from tidelands rent
adjustments solely to finance critical in -harbor capital improvements like sea wall repairs,
dredging, piers, and important amenities.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. One
Attachment B — Budget Amendment No. 23-043
10-3
ATTACHMENT A
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
REGIONAL GENERAL PERMIT (RGP-54) SEDIMENT SUITABILITY
CHARACTERIZATION
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 13th day of December, 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, Washington 98101, with a local address
of 9700 Research Drive, Irvine, California 92618, and is made with reference to the
following:
RECITALS
A. On June 28, 2022, City and Consultant entered into a Professional Services
Agreement ("Agreement") to prepare a Regional General Permit ("RGP-54")
sediment suitability characterization ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One
shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Eighty One
10-4
Thousand Five Hundred Fifty Three Dollars and 00/100 ($581,553.00), 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 Two
Hundred Fifty Seven Thousand Dollars and 00/100 ($257,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 2 10-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: 12 ?�
4/11y,
n C. rp ia1�1a� �G
Ci Atto e
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date:
By:
Steve Cappellino
Member
Date:
13
John Verduin
Member
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Anchor QEA, LLC Page 3
10-6
EXHIBIT A
SCOPE OF SERVICES
Task 1: Planning and Coordination, Meetings, and Supplemental Sampling and Analysis
Plan
Consultant will develop a Supplemental SAP that details the sampling and analysis strategy for
higher -resolution testing. The Supplemental SAP will be prepared in accordance with the Dredged
Material Management Team's (DMMT's) Sampling and Analysis Plan/Results Guidelines,
USEPA's Ocean Disposal Testing Manual (OTM), and USEPA's Inland Testing Manual (ITM).
Based on coordination with USEPA, 14 subareas will be created for higher -resolution testing, and
14 new stations will be added for better spatial coverage. Updated project maps, which are being
coordinated with the City's GIS department, will be included that show the subareas and additional
sampling locations. The Supplemental SAP will include procedures for sediment sample collection
and compositing, sediment chemistry, and amphipod bioassay testing. (Note: This higher
resolution testing program only requires portions of the prior work to be re -tested.) Prior to
conducting field activities, approval of the Supplemental SAP will be requested at the December
6, 2022, DMMT meeting. Consultant will prepare a PowerPoint and present at this meeting along
with City staff. This task also includes additional meetings and coordination with USEPA, the City,
and DMMT to finalize the sampling and analysis approach and ultimately obtain regulatory
approval.
Task 2: Sediment Core Sampling
Consultant will conduct sediment core sampling at 75 stations within 14 composite subareas.
Sampling locations will be consistent with those sampled in August 2022 plus 14 new stations
based on coordination with USEPA. Leviathan Environmental Services (Leviathan) will provide
the sampling barge and electric vibracore for the collection of sediment cores. Consultant will
collect sediment cores to the authorized dredge depth and Zdayer requirements. Sediment cores
will be processed on the sampling vessel. Individual core samples and Z-layer samples will be
archived to allow further analysis if requested by the DMMT. One composite sample will be
created for each subarea for sediment chemistry and amphipod bioassay testing. In addition,
Seaventures will collect reference sediment using a pipe dredge at the LA-3 reference site for
comparative purposes. This task includes costs associated with mobilization and demobilization
of equipment and use of a sampling vessel.
Task 3: Laboratory Analysis
Consultant will submit 14 composite samples and the LA-3 reference sample for sediment
chemistry and amphipod bioassay testing. All testing will be performed according to OTM and
ITM guidelines. Our subcontractor, Physis Environmental Laboratories, will perform sediment
chemistry. Sediment chemistry of composite and reference samples will include grain size, total
organic carbon, total solids, metals, polycyclic aromatic hydrocarbons (PAHs), PCB congeners,
organochlorine pesticides, organotins, and pyrethroids. Our subcontractor, Pacific EcoRisk, will
perform amphipod bioassay testing (Note: Pacific EcoRisk is not the same laboratory used in the
previous round of sampling). The amphipod bioassay test will be performed using A. abdita,
consistent with previous RGP 54 programs. However, if A. abdita are not available or population
is of poor quality, other amphipod species (i.e., L. plumulosus) will be considered. Consultant will
perform data management and validation to ensure sediment chemistry meets the project data
quality objectives.
Anchor QEA, LLC Page A-1 10-7
Task 4: Reporting
This task includes additional reporting that is required for the higher -resolution sampling and
testing. Field data, chemical and amphipod bioassay testing results, and quality assurance/quality
control summaries will be incorporated into the previously scoped Sampling and Analysis Report
(SAR). A project map will be included with the actual sampling locations and composite subareas.
Sediment logs and photographs, chain -of -custody forms, laboratory reports, and data validation
reports will be included as appendices.
Assumptions for Tasks 1 through 4 include the following:
• Consultant will develop a Supplemental SAP.
• Consultant will attend one DMMT meeting to present the Supplemental SAP.
Consultant will prepare and give a PowerPoint presentation to the DMMT at this
meeting.
• Sediment core sampling will be conducted at up to 75 stations within 14 composite
subareas.
• Two of Consultant's staff will spend 14 days in the field for core sampling; we have
included one additional day as a contingency if the core recovery rate is slower than
anticipated.
• Consultant's subcontractor Leviathan will provide the vessel and vibracore equipment.
• Consultant's subcontractor Seaventures will collected reference sediment from LA-3.
• Fourteen composite samples and the reference sample will be submitted for sediment
chemistry and amphipod bioassay testing using A. abdita or other as needed.
• Z-layer samples and individual cores will be archived and only analyzed if requested
by the DMMT. This cost estimate assumes that no archive samples are analyzed.
• The complete chemical and physical analyte list will be subject to DMMT approval.
• Consultant will conduct a USEPA Stage 2A data validation.
• Consultant will incorporate the additional high -resolution sampling and testing data
into the previously scoped SAR.
Anchor QEA, LLC Page A-2 10-8
EXHIBIT B
SCHEDULE OF BILLING RATES
Task
Total Cost
1
$10,000
2
$172,000
3
$66, 000
4
$9,000
Total
$257,000
Anchor QEA, LLC Page B-1 10-9
Attachment B
Budget Amendment No. 23-043
10-10
cEV4 Pp�T
0� !' m City of Newport Beach
BUDGET AMENDMENT
"r�F P 2022-23 BA#: 23-043
Department: Public Works
ONETIME: ❑ Yes ❑ No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: A14100, Date 111IV 7; y
F±1 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To appropriate expenses to collect and test additional sediment samples for a higher resolution testing program as ❑ from existing budget appropriations
required by the U.S. Environmental Protection Agency (USEPA). ❑ from additional estimated revenues
❑ from unappropriated fund balance
REVENUES
Fund #
Org
Object Project
Description Increase or (Decrease) $
Subtotal $
EXPENDITURES
Fund #
Org
Object Project
Description Increase or (Decrease) $
101
10101
980000 221-107
TIDELANDS HARBOR CAP CIP - CIP EXPENDITURES FOR GL 581,553.00
Subtotal; $ 581,553.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
101
300000
TIDELANDS HARBOR CAP FUND - FUND BALANCE CONTROL (581,553.00)
Subtotal 1i $ (581,553.00) I
Fund Balance Change Required
10-11