HomeMy WebLinkAboutC-8546-3D - On-Call PSA for Marine / Coastal Engineering ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, INC. FOR
ON -CALL MARINE / COASTAL ENGINEERING SERVICES.
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement")
is made and entered into as of this 15th day of April, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and ANCHOR QEA, INC., a Washington Corporation
("Consultant"), whose address is 1201 3rd Avenue, Suite 2600, Seattle, WA 98101, 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 on -call marinelcoastal engineering
services ("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 April 14, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;.
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
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 Thousand Dollars and 00/100 ($500,000.00), 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
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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 and the Letter Proposal or specifically approved
in writing in advance by City.
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 and the Letter Proposal.
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
Director of Public Works 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
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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
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 and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which may arise from (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. Notwithstanding the foregoing, indemnification
for Consultant's professional negligence is limited to the extent of Consultant's
professional negligence.
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
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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.
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.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or 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 and the Letter Proposal. 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
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full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes. The Consultant shall be
permitted to retain copies of all files.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. 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.
19. 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.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. 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.
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22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Cappellino
Anchor QEA, Inc.
1201 3rd Avenue, Suite 2600
Seattle, WA 98101
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 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.
27.2 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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28.2 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.
28.3 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.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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.
28.11 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.
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28.12 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, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: rJ
City Attorney pm�s
ATTEST:
Date: q (I U (2o ZS
By:
-F'' Lei ni . Brown
City Clerk
SEW Pp
R�.
u
C9<� F00.N\P
CITY OF NEWPORT BEACH,
a California mu icipal corporation
Date: �MI5I2�
By: t -1 1 0
Joe tap ton
Mav r
CONSULTANT: ANCHOR QEA, INC., a
Washington Corporation
Date:
By: Signed in Counterpart
Adam Gale
Member
Date:
Signed in Counterpart
Bv.
Michael Whelan
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, Inc. 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
Dater
By:ea
rp `�y Gov,
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONSULTANT: ANCHOR QEA, INC., a
Washington Corporation
Date: l�' r—w--
-�T
By: G Al
Adam Gale
Member
Date:
Bv:
Michael Whelan
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, Inc. 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:
By: ►,
ar n C. Harp
14 Attorney
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT: ANCHOR QEA, INC., a
Washington Corporation
Date:
By:
Adam Gale
Member
Dater 8 Z15--
By:
Michael Whelan
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, Inc. Page 12
EXHIBIT
SCOPE OF SERVICES
Anchor QEA, Inc. Page A-1
Exhibit A
SCOPE OF SERVICES
Overview of Services Requested:
The following is a list of the services requested as part of this RFP for on -call
marine / coastal engineering services. Consultant will be responsible for deploying and
storing any vessels or equipment related to services.
ON -CALL MARINE / COASTAL ENGINEERING SERVICES
On -Call Professional Marine / Coastal Engineering Services may be provided on an
as -needed basis. The services requested include, but are not limited to, the following:
1. Assist in the design and permitting of docks, piers, floats, wharfs,
gangways for public facilities, with attention to Americans with Disabilities
Act (ADA) and other regulatory requirements.
2. Assist in the design and permitting of dredging projects within docks,
marinas, small confined channels or larger main channels, using either the
City's RGP-54 dredging permit or the traditional Individual Permit process
(California Coastal Commission, Corps of Engineers, Water Board).
3. Collect sediment samples and generate grain size analysis reports.
4. Assist in the detailed management of the City's existing, five-year
Regional General Permit (RGP-54) as well as negotiating any
intermediate improvements to the program, as needed.
5. Provide various bathymetry surveys within docks, marinas, small confined
channels or larger main channels.
6. Prepare dredged material Sampling and Analysis Plans (SAPs) and
Sampling and Analysis Reports (SAR) in support of permitting activities
with regulatory agencies including the Dredged Material Management
Team (DMMT) and individual regulatory and resources agencies, as
needed.
SCOPE OF SERVICES
7. Conduct field collection of marine sediments and marine test organisms as
required for chemical and biological testing during a typical permitting
project (usually dredging).
8. Conduct chemical, biological and toxicity testing/analyses of bulk
sediments and marine test organisms to support chemical and biological
testing during a typical permitting project (usually dredging).
9. Conduct Caulerpa and eelgrass surveys, or assist in managing these
studies, including the harbor -wide biennial eelgrass survey as part of the
"Eelgrass Protection and Mitigation Plan for Shallow Waters in Lower
Newport Bay: An Ecosystem Based Management Approach."
10.Assist in the design and permitting of bulkheads and their structural
components for public facilities or property owned by the City.
11. Project management with various harbor related tasks to assist the Public
Works Department. Projects may include dock/bulkhead construction
projects, permitting programs, organizing public outreach campaigns, or
other projects as assigned by Public Works.
12. Depending upon the characteristics of a project and its potential for
significant environmental effects, a CEQA review may be needed. For the
scope of this proposal, the consultant may need to prepare an Initial
Study.
13. Further CEQA analysis (negative declaration, mitigated negative
declaration or an environmental impact report) will likely, but not
necessarily always, be pursued through a separate, project -specific
Request for Proposal. Please briefly list your experience and qualifications
in the event these services, or a version thereof, are needed.
14. Preparation of record drawings.
15. Present projects, findings, information etc. at various public meetings
including the City Council, Harbor Commission, various ad hoc committee
meetings and other outreach events as required.
16.Other marine, coastal and/or harbor related engineering and professional
services as needed.
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March 2025
CITY OF NEWPORT BEACH (RFP NO.25-40)
On -Call Marine/Coastal
Engineering Services
Submitted by Anchor QEA
kzANCHOR
QEA
I
STATEMENT OF QUALIFICATIONS
Anchor QEA's proposal is formatted as requested in the RFP submittal checklist. This section summarizes the three key
elements of our proposal as outlined in the RFP proposal checklist and detailed in the following sections. All forms are
provided in Appendix A.
Summary of Key Elements
Qualifications/Experience of Key Personnel
For over 20 years, Anchor QEA has developed a comprehensive
Anchor QEA Knows Newport Harbor
team to deliver the incremental steps necessary to achieve the City
We have been part of nearly every harbor dredging project
Council's and Harbor Commission's long-term vision to restore
(both at the local and federal level) since2003.
control of the harbor to City staff and reestablish the harbor to its
- - - ---- -- -- - - ---
original authorized depths. Our team is led by qualified staff who
We have performed City conditions surveys along 20 miles
work daily with the City, building long-term trust and consistently
of bulkheads and slope protection structures within the
meeting new challenges that arise. For the organizational chart
harbor.
and to read about our proposed staff, see the full Qualifications/
We manage the City's RGP 54 agency process and Newport
Experience of Key Personnel section starting on page 3.
Eelgrass Management Plan__
Our staff developed the City's initial waterfront design
Our project manager, Adam Gale has served as an extension of City
guidelines and subsequent revisions and have provided
staff since 2011 and has nearly 20 years of experience navigating
design and permitting services for more than 40 marine
complex regulatory settings, as exemplified by his work on the
structures in the harbor.
RGP 54 program, the Balboa Yacht Basin Dredging and Marina
Design project, and ongoing efforts to support the Lower Newport
Bay Federal Channel Dredging project.
Method of Approach/Project Approach
Understanding of the City. The Anchor QEA project team has
worked closely with City staff, the Public Works Director, City Scope of Services Overview
Council, and the Harbor Commission. This collaborative effort has
guided the City to define a strategy to meet the long-term vision To emphasize ourteam's qualifications and experience,
for restoring control of the harbor to City staff and reestablishing this proposal includes icons for RFP requested services:
the harbor to its original authorized depths. I= Sediment/Water Quality Investigations
Ability to Deploy Appropriate Resources, Our team includes local Design and Permitting of Marine Structuresand Bulkheads
planners, scientists, engineers, biologists, and surveyors with a
proven record of delivering technical support to meet the City's " . ! Design and Permitting of Dredging Projects
goals and objectives. This local network is augmented by technicalCEQA and Environmental Permitting
staff throughout the country; access to staff with very specific Project Management, Agency Negotiations,
technical expertise (such as direct experience in presenting the and Public Outreach
mercury cycle) was critical during the Lower Newport Bay CAD Eelgrass Management and Mitigation
Construction Project EIR in responding to complicated topics during
the public notice period.
Availability to Complete Both Small- and Large -Scale Projects. Our team has provided support to the City ranging from
the relocation of U.S. Coast Guard buoys, to processing RGP 54 permit applications, to developing a sediment
management plan that identifies a pathway to dredge all areas of the harbor. Each project, whether small- or large-
scale, is managed locally while bringing in other critical technical support staff throughout the country, as needed.
ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services I 1
kZ QEA —
:
Reference/Recent Project History
Anchor QEA is the region's leader in marine engineering services,
having performed these services for nearly all coastal cities and ports
in Southern California.
In addition to providing support directly to the City, Anchor QEA also
supports an extensive list of local private clients. This work includes
assisting with dredging, bulkhead repairs, dock design, environmental
compliance, and large-scale waterfront developments. Our clients can
attest to our creative solutions and ability to provide excellent client
service, control costs, and maintain project schedules. Our references
are provided with recent project history descriptions (starting on
page 12). A summary of feedback from our clients is shown to the right.
The following table highlights select relevant experience for
governmental agencies. Our team's project experience is further
detailed in the following proposal.
PROJECT HISTORY
How Do Clients Rate Our Services?
We surveyed more than 70 of our
existing clients to learn more about
their views of our client services. On a 1 1
scale of 1 to 10, with 10 being
"extremely satisfied;" our clients
responded as follows: Rated our services
as an 8 or higher
Why Do Our Clients Choose Us?
Technical Edge Quality -
Client Experience/
Collaboration
Lower Newport Bay CAD Construction Project (Newport Beach)
•
•
•
•
• •
Rhine Channel Sediment Cleanup/Lower Newport Bay Dredging (Newport Beach)
•
•
•
•
• •
Lower Newport Bay Phase 1/11 Maintenance Dredging (Newport Beach)
•
•
•
•
• •
RGP 54 Program Management Support (Newport Beach)
•
•
• •
Marina Park Development (Newport Beach)
•
•
•
Newport Marina Maintenance Dredging (Newport Beach)
•
•
•
•
• •
Balboa Marina Maintenance Dredging and Dock Replacement (Newport Beach)
•
•
•
•
• •
Back Bay Landing/Bayside Marina Village Project (Newport Beach)
•
•
•
•
• •
Channel Road Marina Dock Replacement (Newport Beach)
•
•
•
•
•
American Legion Maintenance Dredging (Newport Beach)
•
•
•
•
Colorado Lagoon Restoration (Long Beach)
•
•
•
• •
Alamitos Bay Marina Rehabilitation (Long Beach)
•
•
•
•
Peter Archer Rowing Dock (Long Beach)
•
•
•
San Diego Shipyard Sediment Remediation (San Diego)
•
•
•
•
Portofino Cove Maintenance Dredging (Huntington Harbour)
•
•
• •
IR Site 7 (West Basin) Sediment Remediation (Long Beach)
•
•
•
•
Port of Hueneme Dredging and CAD Site Construction (Port Hueneme)
•
•
•
•
kzANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 12
QEA"
QUALIFICATIONS/EXPERIENCE OF KEY PERSONNEL
Anchor QEA has supported the City Harbor Resources
Division and Public Works Department with meeting its
goals and long-term vision of the harbor for over 20 years,
and we have established a trusted relationship with the
City due to demonstrated successes on previous projects.
Our key staff and supporting team clearly understand and
have experience with all phases of implementing a project
with the City and can provide efficiencies that reduce
delays and costs throughout an entire project.
Project Management
"Anchor QEA has done an exceptional job assisting
the City of Newport Beach with preparing,
planning, design, sediment testing, engineering and
permitting for the Lower Bay Dredging CAD project [..
They have excellent organizational skills and also
provide highly technical assistance on this extremely
complicated project."
- Chris Miller, City of Newport Beach
Our team will be led Adam Gale, as project manager. Adam has extensive working relationships with the City and
provides support on the current On -Call Marine Engineering Services Contract.
Adam Gale
Adam has been supporting the City for more than 10 years and will be the primary point of contact
1 for this contract. He has more than 20 years of experience in environmental planning and
} permitting, including design and construction work.
Adam has provided direct project management and strategic support to the City through
evaluating permitting options for various projects, ongoing management of the RGP 54 program, and daily
discussions with City staff managing the Lower Newport Bay CAD Construction project. He was a member of the City's
dredging subcommittee responsible for developing a more effective and improved RGP 54 that directly addresses
maintenance dredging needs of residents and commercial property owners.
Adam is currently managing implementation of the RGP 54 program, Balboa Yacht Basin Marina Design project, and
Federal Channel Dredging project, including overseeing all aspects of the design, public outreach, and preparation of
environmental documentation. Adam also supports numerous private clients in Newport Beach.
Benefit to the City: Adam consistently serves as an extension of City staff, representing the City through negotiations
with regulatory agencies and through communication with residents. That relationship, coupled with his extensive
regulatory support, is founded on deep trust and commitment to the City and will contribute to the overall success of
this contract and to deliver projects on time and within budget.
Team Organization
Our organizational chart shows the entire Anchor QEA
team, including all prime contractor and subcontractor
roles and responsibilities. Our team is fully committed and
available to successfully deliver the services under this
contract. Our staff were selected for the team based on
their expertise, availability, and accessibility.
Ability to Provide Short -Notice Services
Anchor QEA's Irvine and Long Beach offices are staffed with diverse
expertise, covering many of the services required for this contract..
Our team's presence in Orange County allows us to attend to project
matters on short notice and physically participate in meetings and
site visits without added travel.
Adam Gale will ensure the City's expectations are met. He
will work closely with our team and City staff to confirm that
the appropriate staff are involved at the appropriate times and to the extent required as the work progresses.
ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 13
QEA `
ORGANIZATIONAL CHART
Chris Miller
Adam Gale
Lydia Greaves
Waterfront Design
Dredging and
Sediment and
and Engineering
Sediment Management
Water Quality
Fred Massabki, PE
Michael Whelan, PE
Chris Osuch
Randy Mason, PE
Steve Cappellino
Makenna Brown
Chris Mansour, PE
Delaney Inman
Environmental Compliance
Hydrodynamic and
Eelgrass
and Permitting
Sediment Transport
Management
Marine Vie
Modeling
and Mitigation
Jack Malone, PhD
Megan Collins, PE
Robert Mooney, PhD'
Lauren Folkert
Alyssa Cannon
Field Sampling
Laboratory Analyses
Surveying
Leviathan
Eurofins Calscience
Woolpert
MTS
AnalyticalChemittry
Tolxxlraphicand Bathymetric
Zephyr Work Boats
Nautilus
MTS
Beach Nourishment Testing
BroossayTesti„g
Eelgrass ond Caulerpa
GeoTesting Express
Physi.s
Ana (ytical Cheri ustry
LEGEND: Bold text indicates iead hale 1 ,4gatine Taxnnc tnic Service Ltr.{. !'+.1TS:i
Key Personnel
Project success can be directly attributed to the team's insight, creativity, technical ability, and experience as well as
the key personnel's ability to work together and with the City's project manager. We have carefully chosen our key
personnel based on these qualities and their success on similar projects for the City.
z�? ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 14
QEA
Fred Massabki, PE (PENo. (70423)
Waterfront Design and Engineering Lead
Fred has 20 years of experience in project management and engineering design. He has
assumed lead roles on several projects working directly with clients, local government, and
various project permitting agencies to lead waterfront projects from planning to construction.
His engineering practice focuses on waterfront projects, including recreational marinas,
Education:
seawalls, and container terminal facilities, with an emphasis on site utility and grading/paving,
MS, Civil Engineering,
quality assurance/quality control, and computer -aided design (CAD).
University of California,
Fred's areas of expertise include small craft marina master planning and design; marine
Los Angeles,2004
terminal master planning; National Fire Protection Association, California State Parks Division
Relevant Background:
of Boating and Waterways, and Americans with Disabilities Act (ADA) compliance;
a, y
specifications; plan check and entitlement permitting; condition assessments; and
construction support services. Fred was the civil engineer for the Balboa Islands Seawalls in
City of Newport Beach, and the Scorpion Pier Replacement and Anacapa Island Pier
Rehabilitation in Ventura.
---,�---
Michael Whelan, PE (PENo. (030661)
Dredging and Sediment Management Lead
Michael's 26 years of experience as a civil, environmental, and geotechnical engineer include
management, design, and oversight of coastal development projects for sediment and
nearshore sites throughout the United States. His extensive experience with waterfront
structures design and implementation, coupled with his background in geotechnical and
Education:
environmental engineering, allows him to develop cost-effective and readily constructible
MS, Geotechnical
designs for projects involving pile embedment, beach nourishment, waterfront cleanup,
Engineering, MIT,1994
shoreline slope stabilization, berth deepening, habitat improvement, and material
containment and capping.
Relevant Background:
• ,
Michael is the engineer lead for the current Lower Newport Bay CAD Construction project and
has supported the City on a range of projects from the Rhine Channel Sediment Cleanup to
the Lower Castaways seawall assessment, among other projects over the past 19 years. His
broad field expertise includes managing construction, leading field exploration and laboratory
testing programs, and assessing seismic effects on marine structures and slopes.
Chris Osuch
Sediment and Water- Quality Lead
During his 24 years of professional experience as an environmental scientist, Chris has
managed, monitored, and provided technical expertise on dredged material management,
sediment and soil chemical characterizations, water quality monitoring programs, and aquatic
toxicology. He has conducted extensive dredged material evaluations to determine suitability
Education:
for open -water disposal, beneficial reuse, or upland placement, as well as water quality
BA, Environmental
monitoring projects to assess impacts of discharge and demonstrate permit compliance. As
Studies, University of
part of this work, Chris provides sample collection, interpretation of data results, and
California, Santa Barbara,
preparation and QA/QC of environmental documents, resulting in the development of
1998
successful approaches to remediation.
Relevant Back round:
Chris actively managing three sediment characterization studies for ocean disposal and/or
beach nourishment following the Southern California DMMT process.
kZANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 15
Q EA
ry
Marine Vie
Environmental Compliance and Permitting Lead
Marine is an experienced environmental planner and permitting specialist with a strong
background in CEQA, NEPA, and regulatory compliance. She has extensive experience
processing permit applications, preparing regulatory compliance documents, and
coordinating agency approvals for marine, coastal, and dredging projects. She has managed
Education:
and contributed to over 25 permitting packages, securing approvals from key agencies.
LLM (Master of Laws),
University of Montreal,
Prior to joining Anchor QEA, Marine worked in the maritime sector, including at the Port of
2016
New Orleans and the International Institute for Sustainable Seaports. Additionally, her
expertise in biological resource permitting, sediment characterization, and mitigation
Relevant Back round:
planning ensures that projects comply with environmental regulations while balancing
engineering feasibility and ecological sustainability. Marine played a key role in Newport
Beach's RGP 54 program, assisting with individual permit applications and securing regulatory
approvals.
Megan Collins, PE (PENo.(78997)
Hydrodynamic and Sediment Transport Modeling Lead
- --
Megan is a recognized expert in hydrodynamic and sediment transport modeling, with
18 years of experience leading coastal and marine engineering projects. She has led modeling
of hydrodynamic processes, sediment transport, and dredging activities, ensuring data -driven
J
decision -making to support infrastructure development, habitat restoration, and regulatory
Education:
compliance.
MS, Civil and
Environmental
Megan has worked extensively with regulatory agencies, including the Dredged Material
Engineering, Stanford
Management Team (DMMT), USACE, and California Coastal Commission, ensuring projects
University,2007
meet stringent environmental and permitting requirements. Megan has also contributed to
RGP 54 compliance and improvements, sediment management planning, and the beneficial
Relevant Background.
reuse of dredged material, ensuring marine engineering designs are developed with
regulatory and ecological considerations in mind.
Robert Mooney, PhD
Eelgrass Management and Mitigation Lead
Robert is a marine scientist and statistician with more than 20 years of experience as a
�# professional biologist and marine biological consultant in Southern California. He
.; has extensive marine biological experience in various habitats and has worked in challenging
offshore environments ranging from Alaska and British Columbia to Southern California.
f
Education: Robert has performed hundreds of research dives to monitor marine resources in Southern
PhD, Conservation Biology, California. He has also managed a wide array of sediment quality studies and invasive species
University of British projects as well as other biological surveys. Robert is a certified Caulerpa (Caulerpa taxifolia)
Columbia, 2000 diver and has experience performing Caulerpa and eelgrass surveys throughout Southern
California. He managed the team that eradicated Caulerpa in Agua Hedionda Lagoon and
Relevant Background: Huntington Harbour.
kZANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 16
0EA
Subcontractors
Our team will be supported by contractors who have long working relationships with Anchor QEA and considerable
experience working in Newport Harbor.
Eurofins Calscience, Inc.
Eurofins Calscience has provided analytical testing of environmental matrices since
Laboratory Analyses: Analytical Chemistry
1986. They are an accredited local laboratory that has performed all analytical work for
Anchor QEA in Newport Harbor.
GeoTesting Express
GeoTesting Express' fully equipped laboratories perform more than 100 different soils
Beach Nourishment Testing
tests to determine physical and mechanical properties. They provide these services in
support of all types of earthwork applications with automated equipment that permits
them to run any type of consolidation, triaxial, or direct shear test a client specifies.
Leviathan Environmental
Leviathan provides marine and aquatic services for environmental monitoring. They
Services
have an extensive inventory of sediment and water sampling equipment and research
vessels, including a 22-foot aluminum inboard jet vessel equipped with a hydraulic
Field Sampling
A -frame and davit for sample collection. Leviathan has worked with Anchor QEA staff
for more than 10 years and most recently provided the field equipment for sampling
during the RGP 54 reauthorization and Federal Channel sampling effort.
Marine Taxonomic
MTS is a small business that provides eelgrass and Caulerpa surveys for dredging and
Services, Ltd.
development projects. They have conducted numerous investigations for
Anchor QEA, many of which have been in Newport Harbor.
Field Sampling, Surveying: Eelgrass and
Caulerpa
Nautilus Environmental
Nautilus (formerly Enthalpy Analytical) is a full -service biological testing laboratory
Laboratory Analyses: Bioassay Testing
validated by USACE and accredited by A2LA and AASHTO's Accreditation Program.
They conduct a full range of marine water column and sediment tests to support
TMDL special studies, dredging programs, and stormwater evaluations. Nautilus has
conducted numerous tests for Anchor QEA-led projects in Newport Harbor.
Physis Environmental
Physis is a leading -edge commercial chemistry laboratory in Orange County that
Laboratories, Inc.
provides analytical services. Their services include analysis of nutrients, general
constituents, trace elements, and trace organic compounds, providing historical,
Laboratory Analyses: Analytical Chemistry
current -use, and potentially impactful water, sediment quality, and correlative
bioaccumulation tissue characterizations. Physis analyzes waste, riverine, marine
and stormwater, sediment, bioaccumulative animal and plant tissue, and aerial
deposition samples meeting standard detection levels, lower required reporting
limits, and ultra -low target reporting limits.
Woolpert, Inc.
Woolpert is a hydrographic survey and vessel positioning/instrumentation firm. They
Surveying: Topographic and Bathymetric
maintain an extensive equipment and vessel fleet to support work required by public
and private entities. Woolpert completes multibeam, singlebeam, side -scan, mobile
UDAR, topographic, and water -level surveys. Their projects are led by professional
licensed surveyors and National Society of Professional Surveyors -The Hydrographic
Society of America (NSPS-THSOA) certified hydrographers.
Zephyr Work Boats, LLC
Zephyr is an environmental research support boat company that offers a work
Field Sampling
platform for a wide range of maritime projects. The vessel and equipment specialize
in sediment collection via Vibracore and "Power Grab Van Veen core samplers and
allows a variety of water quality sampling equipment. The Landing Craft vessel offers
an open deck space and A -frame lifting capabilities that make for a great work
platform.
}� ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 17
t[„ 0 EA
METHOD OF APPROACH/PROJECT APPROACH
The Anchor QEA team can provide all services requested in the RFP scope of services, as summarized below.
Understanding of the City and Services Requested
The City Council and Harbor Commission objectives have a vision for restoring control of the harbor to City staff and
reestablishing the harbor to its original authorized depths. This means allowing City staff to:
• Manage harbor needs (e.g., dredging, dock and seawall repairs, and eelgrass management) at the local level
instead of through lengthy and expensive permitting processes managed by regulatory agencies; and
• Restore the navigable depths authorized by USACE, including managing unsuitable material not available for
ocean disposal
Anchor QEA staff routinely attend City Council, Harbor Commission, and Staff Working Group meetings, both as
attendees and participants, which we feel is crucial for staying abreast of the City's needs and goals. With the RGP 54
and the anticipated Lower Newport Bay Federal Channel Dredging project in the upcoming months, Anchor QEA has
consistently supported the City in restoring control of the harbor to City staff and reestablishing the harbor to its
original authorized depths.
A History of Partnering with the City
Since 2003, Anchor QEA has supported Harbor Resources and Public Works staff in realizing their short- and long-term
goals. We have provided services such as sediment management planning, sediment remediation, engineering
design, bid support, construction management, and permitting. We consistently demonstrate our philosophy of
working as a partner with the City by providing the scientific and technical support needed to address emerging
regulatory challenges.
Because we support the City through multiple departments and have worked directly with staff at all levels, including
current and former City Council members and Harbor Commissioners, we understand all of the steps involved in
executing a project from concept to construction and how the various City departments support that process at each
step along the way. Assuming the role as an extension of the City allows us to support with minimal direction and
oversight, further conserving valuable City resources, as evidenced by our work on RGP 54 and the Lower Newport
Bay Federal Channel Dredging projects.
Experience and Qualifications to Perform Scope of Services
Anchor QEA specializes in aquatic, shoreline, and water resource projects. We have extensive engineering design and
environmental support experience and have assisted cities, counties, and ports with harbor maintenance, capital
projects, and marine infrastructure.
We understand current harbor and marina issues and actively contribute to the industry by serving on the board of
directors of the Marina Recreation Association, American Society of Civil Engineers Ports and Harbors Group, Western
Dredging Association, and California Marine Affairs and Navigation Conference. Our staff are leaders in the field of
dredging and dredge material management both nationally and regionally. Anchor QEA developed the two primary
sediment management guidance documents that are used for all Southern California dredging programs: CSTF LTMS
and the USACE Los Angeles DMMP. We are also leading the development of the Harbor Toxics TMDL program for the
Ports of Long Beach and Los Angeles that will be used as the model for implementing all other regional TMDLs.
kZANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 18
QEA —
Anchor QEA has led more sediment and water quality investigations within Newport Harbor than any other firm. Our
support started in 2003 with the Rhine Channel Remedial Investigation where we worked with Orange County
Coastkeeper to collect and analyze sediments to develop a remediation strategy. As part of the Rhine Channel
Sediment Cleanup in 2011, Anchor QEA led confirmatory sediment sampling and water quality monitoring during
construction, as well as post -construction sediment sampling in accordance with Regional Water Quality Control
Board (RWQCB) requirements. Water quality monitoring included two special studies to characterize suspended
sediment plumes in the channel and examine the potential for toxic effects. Based on the results of these studies and
close coordination with the RWQCB, it was determined that turbidity concentrations were not high enough to cause
significant impacts to the aquatic environment, which allowed construction to continue without delay.
In 2012, shortly after completing the Rhine Channel Sediment Cleanup, Anchor QEA started work on the Lower
Newport Bay Federal Channel Dredging project with the City and USACE. This work included regular water quality and
sediment monitoring during construction, as well as a special study to develop a transmissivity threshold for the
protection of sensitive resources (i.e., eelgrass beds). During construction and management of the work, we had staff
in Newport Harbor almost daily for more than 2 years.
From 2017 to 2019, Anchor QEA led the pre -dredge sediment characterization for the next round of dredging within
the Federal Channels. Over 1 million cubic yards of sediment was evaluated for ocean disposal or beach nourishment
in accordance with regional and federal guidance following the DMMT process. Extensive agency negotiations were
completed as part of the Federal Channel sampling that resulted in a higher threshold that allowed more dredged
material to be taken to the open ocean disposal site. This was precedent setting and will ultimately result in significant
cost savings to the City during construction. Following the completion of the characterization, Anchor QEA developed
a Sediment Management Plan for management of clean and contaminated sediment from the Federal Channels,
conducted multiple Tier I evaluations to extend the sediment suitability determination, and supported the City with
the USACE's characterization of Federal Channel sediments in 2024, including peer review of Sampling and Analysis
Plans (SAPs) and Sampling and Analysis Reports (SARs).
From 2013 to 2023, Anchor QEA led three bay -wide sediment investigations to renew the sediment suitability
determination for RGP 54. Anchor QEA is currently characterizing sediment from Balboa Yacht Basin for beneficial
reuse at the Port of Long Beach's Pier G Fill Site. Separate from these City projects, Anchor QEA has provided almost
constant field sampling and analyses support to several private marinas and residences within Newport Harbor. In
addition to our experience in Newport Harbor, Anchor QEA has performed similar services for other cities in Southern
California, including Long Beach, Huntington Beach, and Port Hueneme, since 2001.
All this work required development of SAPs and SARs, and constant meetings and interaction with the DMMT and/or
individual agencies. Testing has included physical and chemical analyses of sediment, tissue, and/or elutriate;
geotechnical testing; and/or biological testing. In addition, Caulerpa and eelgrass surveys were required for much of
the work.
ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 19
QEA
Marine structures for public facilities include docks, piers, wharfs, and gangways. Our team has experience permitting
and designing these structures to meet all regulatory requirements, including Americans with Disabilities Act (ADA)
requirements for public access. Our bulkhead, seawall, and revetment experience includes cantilever and gravity
walls; tie -back systems using earth anchors, traditional tie rods and deadman anchorage systems, and pile bracing
systems; concrete, steel, and vinyl sheetpile systems; timber bulkheads; and rock revetments.
For various bathymetric surveys within docks, marinas, small confined channels, and larger main channels, we
propose to use Woolpert, a surveying and bathymetric survey company specializing in bathymetric surveys in and
around marinas and large bodies of water.
Anchor QEA staff have worked on numerous waterfront structures and facilities in Newport Harbor, both as an
extension of the City as well as for commercial and residential property owners and developers. This work includes
new seawall installation; existing seawall repair or rehabilitation; marina rebuilds, repairs, and improvements; dock,
access piers, and gangway replacements; and landside infrastructure and facility improvements. Several projects have
included dredging and eelgrass mitigation measures.
Randy Mason participated in the development of a comprehensive 2010 sea level rise report for the City that
evaluated seawall conditions and stability and investigated historic seawall overtopping and flooding from storm
events, high tides, and anticipated impacts from future predicted sea level rise. Subsequently in 2011, Anchor QEA
staff began working on designs to rehabilitate Balboa Island seawalls that involved development and evaluation of
multiple options to replace and raise the seawalls. In addition to engineering design, this work included supporting
the City's community outreach efforts and making presentations to City officials and other stakeholders.
In 2016 and 2017, Anchor QEA provided temporary design support for the Grand Canal seawalls through placement of
large quantities of sand along each seawall. Most recently, Anchor QEA supported the City by preparing a Flood Risk
Assessment and Bulkhead Structural Integrity Study involving surveys of approximately 20 miles of in -place public
and private property bulkheads, seawalls, and other waterfront slope protection structures around Newport Harbor to
support a City reporting requirement for FEMA.
Anchor QEA has led the design, permitting, and construction of more dredging projects in Newport Beach than any
other firm in the region. Projects include Rhine Channel Sediment Cleanup, American Legion Dredging, Balboa Marina
Redevelopment, Newport Marina Dredging, and Lido Island Dredging. Construction management was also performed
for many of these projects.
Anchor QEA also manages all aspects and implementation of RGP 54. This includes processing all applications, agency
notifications, and reporting. Most recently, we obtained approval for amendments to the RGP 54 in Fall 2024. The
reauthorization extended the sediment suitability from summer 2023 and provided continuity to allow the City and its
residents to conduct maintenance dredging for projects authorized prior to and following the most recent sediment
suitability. Additionally, we have completed more than 50 small beach dredging designs under RGP 54. Our role on
these projects has been to lead all tasks and operate as the primary point of contact for the City or residents.
�E ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 110
�[.,, QEA _—
Anchor QEA is a regional leader in permitting and CEQA support for marine construction projects. We have completed
numerous initial studies, Mitigated Negative Declarations (MNDs), and full EIRs for similar projects. Within Newport
Beach, we completed an MND for the Rhine Channel Sediment Cleanup and for several private residences and
marinas. Most recently, we delivered a Certified EIR for the Federal Channel Dredging project and Lower Newport Bay
CAD Construction project. This included extensive public outreach, public and agency input, and numerous public
meetings with active and involved community members. The EIR was certified in May 2021 and immediately segued
into the regulatory agency permitting, which was completed with all permits in hand in fall 2022.
Outside of Newport Harbor, we also completed several other CEQA documents, including MNDs and EIRs for marine
engineering work at the Port of Hueneme; University of California, San Diego; and Port of Long Beach.
Over the past 20 years, we have gained tremendous experience and exposure presenting to the City Council, Harbor
Commission, and other smaller committees, such as Tidelands and Water Quality, on issues related to sediment
management, Rhine Channel sediment remediation, and eelgrass management. Many of these projects, such as the
reauthorization of RGP 54, included extensive public outreach to gather ideas for improving the permit conditions to
gain favor with local businesses.
Developing a trusting relationship with the regulatory agencies starts with open communication and consistent
compliance with permit conditions. Anchor QEA has been providing this support to the City for many years —
originally as part of the Rhine Channel Sediment Cleanup and then later for other key projects such as Marina Park and
the Lower Newport Bay dredging effort. In many of these efforts, our role has evolved from a support function to one
where we are acting as an extension of City staff, helping to run the program as the City would internally.
The service is best demonstrated as part of our project management and implementation of RGP 54 where we
manage all aspects of the program from agency interactions to meeting with permit applicants. There are many
conditions required for this effort, and maintaining compliance with these requirements is an exhaustive task.
Through our efforts and close coordination, the regulatory agencies have been more flexible with the City for the
RGP 54 program —including less reporting —and are open to additional actions under the permit.
As part of RGP 54 permitting, Anchor QEA led the agency negotiations and final push to obtain approval of the City's
Eelgrass Management Plan. Implementation of the plan requires extensive management and oversight and public
outreach and education, in addition to exploring continuous ways to improve eelgrass planting techniques. A key to
this success has been our relationship with Orange County Coastkeeper, which has been integrally involved in the
eelgrass plan's success. Anchor QEA co -led a public presentation with the City and Coastkeeper on the history of
eelgrass in Newport Harbor and how the eelgrass plan complements programs like RGP 54. In addition, we meet often
with Coastkeeper to explore opportunities for new eelgrass mitigation techniques and outreach. Included in our team
is MTS, which led the harbor -wide surveys in 2018, 2020, 2022, and most recently in summer 2024 and has been a key
member of the team in meeting compliance with the City's Eelgrass Management Plan. In support of the plan, annual
reports are prepared in compliance with the terms and conditions of the permits. The most recent 2024 annual report
included an assessment of areas dredged under RGP 54 with a comparative analysis on regrowth between the 2018,
2020, 2022, and 2024 surveys. The results demonstrated that in most areas eelgrass has recovered within 2 years,
which was the underlying assumption for the agencies to approve the plan.
�E ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 111
k[,,, QEA
EXHIBIT B
SCHEDULE OF BILLING RATES
Anchor QEA, Inc. Page B-1
Exhibit B
COST FILE
Anchor QEA key team member rate sheets are attached. All hourly rates provided are fully loaded. A
3% escalation will be applied every 2 years starting from the date of the executed contract
(anticipated for April 15, 2025).
Costs for subcontractors that provide commodity services —such as field sampling, laboratory
analyses, and surveying —will be provided on a project -by -project basis, as these costs are highly
dependent on the nature and scale of the requested tasks.
ANCHOR City of Newport Beach On -Call Marine/Coastal Engineering Services 11
QEA
Anchor QEA
2025 BILLING RATES
Professional Level Hourly Rates
Principal.................................................................................................................................................................................
$343
SeniorManager..................................................................................................................................................................
$316
Manager................................................................................................................................................................................
$294
SeniorStaff...........................................................................................................................................................................
$263
Staff3.....................................................................................................................................................................................
$230
Staff2.....................................................................................................................................................................................
$205
Staff1.....................................................................................................................................................................................
$173
SeniorCAD' Designer......................................................................................................................................................
$179
CADDesigner......................................................................................................................................................................
$152
SeniorField Technician...................................................................................................................................................
$164
Technician............................................................................................................................................................................
$153
SeniorTechnical Editor....................................................................................................................................................
$184
TechnicalEditor..................................................................................................................................................................
$153
SeniorProject Coordinator............................................................................................................................................
$175
ProjectCoordinator..........................................................................................................................................................
$145
Special Hourly Rates
Nationalexpert consultant............................................................................................................................................ $583
All work by a testifying expert.................................................................................1.5 times professional level rate
ExpertAdvisor..................................................................................................................................................................... $431
EXPENSE BILLING RATES
Expense Rates
TechnologyFee (of billed labor)......................................................................................................................................5%
Mileage (per mile)......................................................................................................................Current federal standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants.........................................................................................................................................10%
Traveland other direct costs..........................................................................................................................................10%
Fieldequipment and supplies........................................................................................................................................10%
*** Any and all expenses must be identified in the Letter Proposal and approved in advance.
' CAD: Computer -Aided Design
This is a company confidential document.
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 Contract, 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 providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California.
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 and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/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 two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, 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
Contract, including coverage for any owned, hired, non -owned or rented
Anchor QEA, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Professional (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 two million
dollars ($2,000,000) per claim and four million dollars ($4,000,000) 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.
E. Excess/Umbrella_Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
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 Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers and employees, 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 and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella 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 and employees shall be included as additional insureds
under such policies.
C. Primary and Non -Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to the City, its City Council, boards and commissions, officers, agents,
Anchor QEA, Inc. Page C-2
volunteers and employees. 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 or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
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. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements 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 Contract. 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, The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Consultant ninety (90) 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
Anchor QEA, Inc. Page C-3
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 limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Consultant. Any available proceeds in excess of
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 Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
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, Inc. Page C-4
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