HomeMy WebLinkAboutC-4065 - PSA for The Marina Park Project (Sediment and Soil Sampling and Analysis)*V)
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS COMPANIES, LLC FOR
MARINA PARK
THIS AMENDMENT. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this 2! day of 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and NEWFIELDS
COMPANIES, LLC, a Georgia Limited Liability Company, whose address is 1349 West
Peachtree Street, Suite 2000, Atlanta, Georgia 30309 ( "CONSULTANT"), and is made
with reference to the following:
RECITALS:
A. On June 24, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for consulting
services for the Marina Park Project, hereinafter referred to as "PROJECT'.
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated October 19, 2009.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT, to extend the
term of the AGREEMENT to December 31, 2010 and to increase the total
compensation
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. TWO, including but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One
Hundred Twenty -Eight Thousand, Six Hundred Fifty Dollars and no/100
($128,650) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. TWO, including all reimbursable items and
subconsultant fees, in an amount not to exceed Four Thousand, Five
Hundred Dollars and no/100 ($4,500.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Xette ea mp,
ssistan ity Att ey
/_,1611*15
In
Leilani I. Brown,
City Clerk
LY Fo RN„
CITY OF NEWPORT BEACH,
A Municipal Corpoion
)-hen G. Badum,
lic Works Director
NEWFIELDS COMPANIES, LLC:
y / `� r
Gin L. Hicks,
Chief Operating Officer
By: w k�i /
LdJole-
Deborah B. Schwall,
Treasurer
Attachment: Exhibit A - Additional Services to be Performed
2
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LNEWFIELDS
October 28, 2009
Mark Reader
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mark,
The City of Newport Beach is considering the use of dredged material from the Marina
Park project site for beach replenishment. Two additional locations were requested to be
analyzed by the City, beyond the locations noted on the September 10, 2009 proposal.
The two additional locations are:
The project site to 19th Street 1,000 cubic yards
40'h St. to 52nd St. Groin Fields 20,000 cubic yards
The scope of services outline in the September 10, 2009 proposal will be followed to
analyze the two additional beaches. The total cost for evaluating the two additional
beaches would be $4,500. This includes the costs for sample collection, analysis and
reporting.
Please let me know if there are any questions regarding this estimate.
Sincerely,
William Gardiner
NewFiclds LLC
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS COMPANIES, LLC
FOR MARINA PARK
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this P" day ofcItDbW , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and NEWFIELDS
COMPANIES, LLC, a Georgia Limited Liability Company, whose address is 1349 West
Peachtree Street, Suite 2000, Atlanta, Georgia 30309 ("CONSULTANT"), and is made
with reference to the following:
RECITALS:
A. On June 24, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for consulting
services for the Marina Park Project, hereinafter referred to as "PROJECT".
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT and to extend the term of the
AGREEMENT to December 31, 2010.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. ONE, including but not limited to, all work set
forth in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
2. City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed Ten Thousand,
Fifty Dollars and no/100 ($10,050) without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2010.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
By:
ynette . Beau p,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: C&�W1r-
Leilani I. Brown, ,
City Clerk ����'�O
Attachment: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: e.,
DaW A. Kiff,
City Manager
for the City of Newport Beach
NEWFIELDS COMPANIES, LLC:
B - II-- _0��`'Y�
Ginger L. Hick,5
Chief Operating Officer
By:
Deborah B. Schese�e (�q��
EXHIBIT A
NEwFIELDS
Mark Reader
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mark,
September 10, 2009
The City of Newport Beach is considering the use of dredged material from the Marina
Park project site for beach replenishment. Two potential locations are being considered
for beach replenishment:
Newport Pier to 15th Street 30,000 cubic yards
China Cove 5,000 cubic yards.
To facilitate beach replenishment in the Los Angeles area, the USACE has authorized
Regional General Permit 67 which provides guidance regarding donor material
suitability. The RGP-67 uses the Sediment Compatibility and Opportunistic Use
Program (SCOUP) which includes a process for assessing sediment from both the donor
and receiving beaches. As part of the SCOUP plan, the USACE and USEPA require a
grain size characterization of the receiving beaches and require that the grain size of the
donor sediment be reasonably similar to that of the receiving beaches.
According to the SCOUP plan, a sediment -grain size envelope is developed for each
potential receiver beach. The grain size envelope is developed by collecting samples
along two transects at elevations of +12, +6, 0, -6, -12, -18, -24, and -30 ft. mean lower
low water (MLLW). Each sample is sieved and a gradation curve of sediment grain size
established for each sample. A composite grain size envelope is them constructed based
on each individual curves. The grain size for the donor material is then compared to the
composite grain size envelope for each potential receiver beach.
NewFields LLC proposes to collect samples from two transects at each of the two
potential receiver beaches. Sediment samples at least 6" in depth will be collected at
elevations of +12, +6, and 0 ft. MLLW using a stainless-steel scoop or small Lexan®
coring device. Sediment samples from elevations of -6, -12, -18, -24, and -30 ft. MLLW
will be collected using a small modified-Ponar grab sampler from a small boat.
Samples will be submitted to an analytical laboratory for grain size analysis and a
composite envelope constructed for each location from the 16 sets of grain size results.
Analysis of source material samples against the receiver sites composite envelope will
then establish whether the opportunistic sand's gradation curve lies mainly within the
composite envelope. More qualitative observations regarding sediment color and
physical characteristics, as defined in the SCOUP will also recorded during the field
collection. A final report will be prepared that will include the comparison of donor site
samples with those of the receiver beaches, as well as statements required to determine
suitability for disposal in the nearshore zone, surf zone, or beach. It should be noted that
this analysis will not include evaluation of factors other than grain size that is required by
the SCOUP plan.
Field sampling would include beach sampling and sampling from a small boat for
approximately one day. Costs for field sampling, including mobilization, field
collections, use of sampling vessel, and sample shipping would be $3,300. Costs
associated with the laboratory analysis of 32 samples for the necessary grain size
fractions would be $2,850. Costs associated with planning, reporting, and follow-up
meetings in support of the EIR and submission of grain size report to USACE and EPA
would be $3,900. The total for all tasks would be $10,050.
As an additional option, the City may want to conduct the transect surveys on one or two
additional beaches along the Balboa Peninsula. Each beach would require the same
number of samples and transects as proposed for the Newport Pier and China Cove
beaches. The total cost for one additional site would be $2,000 and for a second
additional beach would be $4,500. This includes the costs for sample collection, analysis
and reporting.
Please let me know if there are any questions regarding this estimate.
Sincerely,
William Gardiner
NewFields LLC
Table 1. Cost Schedule for NewFields Grain Size Characterization of Receiver Beaches
1. Field sampling, including mobilization, field
collections, use of sampling vessel, and sample $3,300
shipping
2. Sediment grain size analysis (32 samples) $2,850
3. Costs associated with planning, reporting, and
follow-up meetings in support of the EIR and $3,900
submission of grain size report to USACE and EPA
Total
$10,050
4. Optional analysis of one additional beach 1 $2,000
5. Optional analysis of two additional beaches 1 $4,500
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 10/09/2009 Dept./Contact Received From: Shauna Oyler
Date Completed: 10/12/2009 Sent to: Shauna Oyler By: Michelle Ross
Company/Person required to have certificate: NewFields Companies REVISED
GENERAL LIABILITY
A. INSURANCE COMPANY: Zurich American Insurance Co.
B. AM BEST RATING (A: VII or greater): "A"(XV)
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
$5,000,000
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (Completed Operations status does
not apply to Waste Haulers)
N Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
❑ Yes N No
I. NOTIFICATION OF CANCELLATION: Although there is a provision
that requires
notification of cancellation by certified mail; per Lauren Farley, the
City will accept the
endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Zurich American Insurance Co.
B. AM BEST RATING (A: VII or greater) "A"(XV)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? N Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M
min for Waste Haulers):
What is limits provided? $1,000,000
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers) :Is it included? N Yes ❑ No
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A N Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Zurich American Insurance Co.
B. AM BEST RATING (A: VII or greater): "A"(XV)
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Ed. 8 2009
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0 C-40 b5
PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS COMPANIES, LLC
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this day of Uane-
2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and NEWFIELDS COMPANIES, LLC, a Georgia Limited Liability Company,
whose address is 1349 West Peachtree Street, Suite 2000, Atlanta, Georgia 30309
( "Consultant "), 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 is proceeding with schematic design and completion of the CEQA
documents for.the Marina Park Project..
C. City desires to engage Consultant to Act as the technical consultant and provide
technical studies relating sediment and soil sampling and analysis for the project,
assist with Regulatory Agency Permitting and provide Technical Support for
Agency Review as outlined in NewField Companies, LLC Scope of Services
referenced as Exhibit "A" for the Marina Park Project ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Bill
Gardiner, Partner /Senior Scientist.
F. 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:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
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City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Fourteen Thousand One Hundred Dollars and no /100
($114,100.00) 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.
4.1 Flat Rate Tasks: City shall pay Consultant for the services identified as
Tasks 1, 2, 3, 4, 5, 6 and 7, outlined and defined on the Schedule of
Costs by Task, attached hereto as Exhibit A and incorporated herein by
reference, on a flat rate, not to exceed basis in accordance with this
Section and Exhibit A. Consultant shall submit invoices after the
completion of each flat rate task as defined in Exhibit A to City with a brief
description of the services performed and/or the specific task in the Scope
of Services to which it relates. City shall pay Consultant no later than thirty
(30) days after approval of the invoice by City staff.
4.2 Time and Expense Tasks: City shall pay Consultant for the services
identified as Tasks 8, 9, and 10, outlined and defined on the Schedule of
Costs by Task, attached hereto as Exhibit A and incorporated herein by
reference, on a time and expense basis, at a not to exceed rate in
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shall submit monthly invoices to City describing the work performed the
proceeding month for tasks completed on a time and expense basis.
Consultant's bills shall include the name of the person who performed the
work, a brief description of the services performed and /or the specific task
in the Scope of Services to which it relates, the date the services were
performed, the number of hours spent on all work billed on an hourly basis,
and a .description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the invoice by City
staff.
4.3 City shall reimburse Consultant only for those costs, materials or
expenses specifically approved in this Agreement, or specifically
approved in writing in advance by City. Unless otherwise approved, such
costs shall be limited and include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
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 A.
4.5 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
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 Bill Gardiner 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
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shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader, PE shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing, relevant information on file at City. City will provide all such
materials in ,a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all- licenses, permits, qualifications, insurance and approvals of
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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, or 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
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, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
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, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in,this indemnity shall be construed as authorizing any award of
attorney's 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. 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 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.
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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 and /or his /her
duly authorized designee 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; a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
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Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual _liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
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self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
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
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
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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. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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
Each and every report, draft, map, record, plan, document and other writing
produced (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. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless. City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of ,three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable' for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consulfarit has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
23. 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
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shall have an immediate right to appeal to the City Manager or his /her 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.
24. 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 paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political ,Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
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Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Ms. Ginger Hicks
Company NewFields Companies and its Affiliates
Address 1349 West Peachtree Street Suite 2000
City, State Zip Atlanta Georgia 30309
Phone: (404)347 -9050
28. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF KEWPORT PE�CH,
A Muni pal Corporati n n
E,d Selich
Mayor
for the City of Newport Beach
CONSULTANT:
Corporate Officer)
Ti I f Of1nor—
Print Natei�Y t__ t '146
(Financial Officer)
Title:
Print Name:--DEo6)i��9 j
Attachments: Exhibit A — Scope of Services, Schedule of Cost by Task
f:\users\pbw\shared\agreements\fy O8-0ftewfields-marina park.doc
14
NEWFIELDS
Mark Reader
City of Newport Beach
Newport, California 92660
Dear Mark,
June 20, 2008
We are pleased to provide you with a proposal for conducting an environmental evaluation in
support of the Marina Park project. Based on our previous meetings, it is our understanding that
the City is in the process of preparing the Environmental Impact Report (EIR) for the CEQA
process and submitting permit applications in support of the Marina Park project, located on the
Balboa Peninsula. The Marina Park project includes the expansion of existing beach areas and
marina facilities, including the conversion of approximately 47,000 square feet of uplands to a
28 -slip marina. Sediment and soils throughout the marina complex will be excavated to
accommodate the project depth of 10 ft. MLLW plus a 2 ft. overdredge.
Based on previous soil and sediment data collected by NewFields and Terra Costa from the site,
the majority of the excavated material is expected to be available for on -site beach replenishment
and expansion. It is also anticipated that a portion of the material will need to be disposed of
either at the LA -3 ocean disposal site or upland, either as clean fill or as contaminated material.
As part of the permit application process, each of these options will be evaluated to assist the
City and the resource agencies in deciding the eventual fate of the excavated material. Existing
data collected in the vicinity of Marina Park will be used to maximize the amount of material
eligible for beach replenishment and minimize the need for alternative placement.
NewFields is proposing to conduct a sampling and analysis program and an options analysis that
determines soil/sediment suitability for both in -water and upland options. In order to provide
time and cost savings, this program will be conducted in conjunction with an ongoing sampling
and analysis program that is being conducted in Lower Newport Bay for the Harbor Resources
Division. In addition, NewFields, in conjunction with Thomas Johnson PhD, will assist the City
with permitting and agency coordination. Dr. Johnson has extensive regional permitting
experience both with the Port of Long Beach and as an independent contractor. NewFields staff
members also have close working relationships with the regional agency personnel and have
supported the City and private clients on dredged- material management issues in Newport Bay.
The following proposal outlines our proposed approach, the underlying assumptions, and the
estimated costs associated with each element of this proposal.
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
•
General Approach
i
Excavated soils and sediment may be disposed of in two ways, in -water disposal and upland
disposal. In -water disposal for Newport Bay typically includes beneficial reuse within the Bay or
open -water disposal at the LA -3 Disposal Site. In -water disposal requires an evaluation
following US Army Corps (USACE) and US Environmental Protection Agency (EPA)
guidelines to determine its suitability for beach replenishment or ocean disposal. Upland
disposal includes clean fill, construction, disposal at a landfill, or disposal at a contaminated
materials waste facility. Disposal at these facilities generally requires soil chemistry analysis and
some type of leaching tests, such as a WET test, to determine if chemicals can be mobilized by
rain water.
To support the project goals, we propose to sample and evaluate soil and sediment from two
areas within the Marina Park project area: the upland portion of the proposed marina and the
current marine intertidal and subtidal areas. We would recommend considering these areas as
separate dredged management units since the soil/sediment type and contaminant history is
substantially different. The upland portion of the site is dominated by sand, which is likely to
qualify for beach replenishment and would require minimal analyses. The marine portion of the
site includes finer grained sediment overlying sand. Based on data collected by NewFields for
the City, there is an indication that a vertical division of the marine portion of the site into two
dredged- material management units (DMMUs) may provide the City with the best options for
disposal. The surface material is finer - grained sediment that may have some contaminants
present and would not be eligible for beach nourishment. The deeper sediment is comprised of
clean sand that may qualify for beach nourishment. By separating these samples by depth (based
on sediment type), the City would be able to maximize the amount of material eligible for beach
replenishment — and would minimize the amount of material that would require more costly
disposal options.
All samples will be collected to design depth plus a 2 ft. overdredge. Upland soils will be
sampled in six locations by Gregg Drilling Consulting Group Inc. Because the upland soils are
marine in nature, they will be evaluated for beach replenishment options. Based on data
collected by Terra Costa and NewFields, it is likely that this would include grain size analysis
and confirmatory chemistry analysis.
Marine sediments from the in -water portion of the site will be collected by NewFields from a
total of eight subtidal stations using a vibracore sampler, allowing the recovery of the deeper
coarse sands. A surface and subsurface composite would be evaluated under the
USEPA/USACE requirements for ocean disposal and beach replenishment. Samples will be
analyzed for physical and chemical characteristics, including sediment grain size, total organic
carbon, metals, and organic contaminants of concern (COCs). Both toxicity tests and
bioaccumulation tests will likely be required by the regulatory agencies to determine disposal
options for the marine sediments collected from the subtidal stations. Potential biological effects
(mortality or abnormal development) of the sediments from subtidal stations will be evaluated
using laboratory toxicity tests of the solid -phase and suspended - particulate phase of test
sediments. Laboratory bioaccumulation tests will also be required in order to determine the
potential uptake of COCs into tissues.
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297.6040
• •
Marina Park soils and sandy sediments will be compared to requirements for beach nourishment
under Regional General Permit 67 (RGP -67) or under an individual permit. Marine sediments
that do not qualify for beach nourishment (either due to grain size or presence of COCs) will be
compared to the LA -3 disposal site reference sediment to evaluate their suitability for open -ocean
disposal at LA -3. In each case, the proposed approach will be modified to incorporate testing
results and to streamline the evaluation process. For example, if all sediment within a DMMU
meets the beach replenishment criteria, further evaluation, such as bioaccumulation, may not be
necessary. Likewise, if COCs are not present in sediments or soils, evaluation for the
bioaccumulation potential of those COCs will be unnecessary.
Because of the short timeline for sampling and analysis and data submittal, coordination with the
agencies will be critical. NewFields, in conjunction with Dr. Johnson, will help to facilitate
agency coordination, involving the agencies at key points throughout the project. We have found
that previous projects have benefited from agency coordination and review at critical points of
the evaluation. In particular, the agencies will be invited for review and comment of the
sampling and analysis plan, the sediment chemistry data (to determine the need for bioassay and
bioaccumulation testing and a COC list for bioaccumulation testing), and during the
interpretation of the test results.
Based on NewFields previous and current experience in Newport Bay, the following program
modifications are suggested for incorporation into the testing program.
Specific Program Modifications:
Coordination with Ongoing Sampling Programs: NewFields will conduct the sampling and
analysis program in coordination with on -going sediment evaluations being conducted in support
of the Harbor Resources program. Depending upon project schedules, significant time and cost
savings may be realized during field sampling, sample analysis batching, use of reference values
to be established for the LA -3 Reference site (rather than collecting and testing the reference
material), and coordination with regulatory agencies. NewFields has already coordinated with
EPA regarding beach replenishment options for Marina Park during broader planning meetings
with the Harbor Resources division and EPA Region 9.
Maximizing Beach Nourishment Options: The amount of excavated material that is eligible for
beach nourishment will be maximized by using historic data regarding the origin of soils above
mean high tide, using existing data collected from the site, and compositing strategies.
Balboa Peninsula soils below mean high tide are eligible for beach nourishment, however,
sediment from above the high tide line can only be considered for beach nourishment if the
surface soils were originally marine sediment relocated to the Peninsula (i.e., dredged material).
NewFields will use historic data from the site to maximize the volume of material considered for
beach nourishment. Some surface material (top one to two feet) would also be considered for on-
site application as clean fill.
NEwFiEws, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
• i
As part of planning efforts for Marina Park, NewFields collected samples of Marina Park soils
for metals and DDT analysis. Samples were analyzed to determine the likelihood that soils
would be eligible for beach nourishment. Based on this data, it appears that the COC's
commonly found in Newport Bay are not present in project soils. Existing data will be used to
limit the amount of additional sampling and analysis that would be required to determine
suitability.
In a recent evaluation of West Lido Channel, NewFields collected core samples from the vicinity
of the Marina Park project site. Marine sediments at the site appear to be comprised of fine -
grained sediment overlying sand. While the surface material is too fine - grained to qualify for
beach nourishment, the underlying sand would likely qualify. By creating two vertical
composites, the bottom material can be considered for beach nourishment. If the underlying sand
is free of chemical contamination and matches the receiving beaches in grain size, that material
may not require biological testing or bioaccumulation testing. That would reduce the costs
associated with the biological testing tasks, as well as reduce disposal costs. Likewise, if the
surface materials require some type of alternative disposal due to chemical contamination, the
vertical compositing strategy would greatly reduce the volume of material.
DDT Tissue Burdens: Based on observations from sediment investigations that NewFields has
recently completed in the vicinity of the proposed Manna Park, sediment from the project area
may contain DDT analogs and mercury. Generally, when contaminants are observed in
sediment, the final determination of suitability is based on the bioavailability of the contaminants
of concern (COCs). Bioavailability is determined, in part, by COC tissue concentrations from
the bioaccumulation tests. For DDT, EPA also uses a standard multiplier of 2.9, since it is
believed that DDT does not reach equilibrium during the 28 -day bioaccumulation test. Recent
evaluations of DDT in sediment from Lower Newport Bay by NewFields indicated that because
of the observed mixture of DDT analogs, a site specific multiplier of approximately 2 provided a
better estimate of total DDT tissue concentrations (as discussed with EPA Region 9). If DDT
analogs are present in tissues from the bioaccumulation tests conducted with Marina Park
sediment, an assessment of risk will be based on site - specific multipliers.
Mercury in Sediment: There are also some indications that the sediments from the Marina Park
project area may contain mercury. If so, the potential bioavailability will be assessed during
toxicity and bioaccumulation tests. However, if the sediment may be used for beneficial reuse,
WET (Whole Effluent Toxicity) tests may need to be conducted to evaluate the potential for
mercury (or other analytes found in the sediment) to leach into the receiving waters. This is not
included in this proposal, but may be required, depending upon the sediment chemistry results.
Sediment Grain Size: Sediment in Lower Newport Bay is dominated by very fine clay ( <2 µm
diameter). Previous investigations by NewFields have shown that the clay fraction can influence
the outcome of the amphipod tests conducted with Eohaustorius estuarius (a test species
commonly used in Newport Bay evaluations). If sediment from the site is dominated by fine
clay, amphipod tests will be conducted with the fine - grained tolerant species, Ampelisca abdita,
or some other suitable species.
NEWFIELDs, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
0 •
PROPOSED APPROACH
Task 1: Sampling and Analysis Plan
Under this task, a sampling and analysis plan (SAP) will be prepared for review by the City and
to support initial discussions with EPA, the USACE, and other resource agencies prior to
conducting the sediment evaluation. Based on previous investigations we have performed in the
Newport Bay area, we would expect an initial conference call with the EPA and USACE prior to
sampling. This task would include supporting any initial agency negotiations and includes
support by Dr. Johnson during SAP preparation and initial agency meetings.
The SAP will provide the following information:
• Project background and justification,
• Sampling and compositing strategy, including sampling methods and station locations;
• Chemical and biological methods;
• Quality assurance and quality control measures;
• Chemical detection limits and performance standards; and,
• Analytical methods and basis for data interpretation.
Task 2: Field Sampling and Sample Processing
We propose to sample approximately 14 stations within the Manna Park project area,
representing three dredged material management units (DMMUs). Stations locations will be
selected based on historic uses in the area, geotechnical information about the upland site, and
sediment data from recent surveys (NewFields), with the intent that the material evaluated during
this investigation is representative of the excavated soil/sediment. Sediment will be collected to
project depth plus a two -foot overdredge. Sediment cores are expected to be 3 to 6 ft. in length.
Soil cores are expected to be 13 to 18 ft. in length. Soil coring will be conducted by Gregg
Drilling. The coordinates for each station will be recorded using dGPS and the length and
general characteristics of each core will be recorded in field logs. Cores from the appropriate
stations will be composited into 3 analytical samples.
In addition to evaluating the 3 area composites, sediment will be collected from the reference site
for the currently designated LA -3 disposal site. The reference sediment will provide a point of
comparison for material proposed for placement at the ocean disposal site. LA -3 sampling may
not be required if a reference value is established as part of the Harbor Resources sediment
program. Field sampling is expected to require one day for marine core sampling and one day for
upland drilling. An additional contingency day in included in this estimate. This estimate is
based on the assumption that the site and needed drilling locations will be available to the
drilling team.
NEwRELDB, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Task 3: Chemical Analysis of Sediment Samples and Test Composites
Chemical analysis will be performed on each of the three test composites, as well as the LA -3
reference sediment. All stations will be evaluated for sediment grain size and total organic
carbon (TOC). Sediment grain size is critical to beach nourishment suitability determinations.
Grain size data for individual stations allows groups of stations to be "recomposited" based on
grain size, maximizing the amount of material that can be used for beach replenishment. In
addition, sediment from each station will be frozen for archive in case fixture chemical analysis is
required.
Composites will be analyzed for sediment grain size, TOC, and a suite of EPA priority
pollutants, including metals (including mercury), polycyclic aromatic hydrocarbons (PAHs),
chlorinated pesticides (including 2,4' and 4,4' DDT groups), polychlorinated biphenyls (PCB
aroclors), and organotins. Analytical Resources hic. of Tukwila, Washington will perform the
chemical analysis. This laboratory has conducted previous studies in the Newport area and we
have a close working relationship with their chemists.
Analytical precision and accuracy will be evaluated using quality assurance/quality control
(QA/QC) samples with each analytical batch. QA/QC analysis will include blanks, lab - control
spikes, and matrix spike/matrix spike duplicates. NewFields will evaluate all chemistry QA/QC
data and its potential implications on the analytical results from the test samples.
Task 4: Biological Testing of Sediment Composites
Two marine composites will be evaluated for potential biological effects related to the dredging
and placement of the proposed dredged material will be evaluated following EPA and USACE
guidance for dredged material evaluation (the Ocean Testing Manual and the Inland Testing
Manual). Tests will include laboratory evaluations of both the solid -phase and the suspended -
particulate phase of the two test composites. The solid -phase tests provide an estimate of toxicity
to benthic organisms at the disposal site. Solid -phase tests will include 10 -day acute tests with
an amphipod, Ampelisca abdita or Eohaustorius estuarius, and the mysid shrimp, Americamysis
bahia (formerly Mysidopsis bahia). The suspended - particulate phase (SPP) tests provide an
estimate of toxicity to water column organisms exposed to sediment as it falls through the water
column at the disposal site. It can also provide an indication of water - column toxicity that might
be encountered during the dredging process. SPP is the liquid portion of a 1:4 sediment/seawater
slurry that is designed to simulate the dredging process. SPP tests will be conducted with a
dilution series of 10 %, 50 %, and 100% SPP for each of the test composites. Reference
sediments are not included in the SPP test. SPP tests will be conducted with the fish, Menidia
beryllina, the mysid, A. bahia, and larval mussels (Mytilus sp.).
Each test will include a negative control treatment that is run concurrent to the test sediments and
will be the native sediment collected with the test organisms (for the solid -phase tests) or clean
seawater (for the SPP tests). A reference - toxicant test will also be conducted with each batch of
test organisms to determine the relative sensitivity of the test organisms. Water quality
parameters will be measured in all replicates at test initiation and termination, and in one
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
r •
replicate per treatment dally during the test. Parameters to be measured during this testing
program include temperature, pH, dissolved oxygen, and salinity. In addition, bulk sediment
pore -water ammonia will be measured prior to testing and pore water ammonia will be measured
for each treatment on days 0 and 10. Following test termination, all data will be evaluated for
adequate control performance.
Task 5: Bioaccumulation Testing of Sediment
In order to evaluate the potential for sediment - associated chemicals to accumulate in tissues of
benthic organisms at the disposal site, 28 -day bioaccumulation tests will be conducted with the
clam, Macoma nasuia, and the marine worm, Nephtys caecoides. During the bioaccumulation
test, clams and worms are exposed to test sediments for 28 days. Following the exposure period,
the test organisms are held for 24 hours in clean seawater to void any sediment that may remain
in the gut. A native control sediment and LA -3 Reference sediment will be tested concurrent to
the test treatments. Tissues from each of the test treatment and reference replicates will be frozen
and sent for chemical analysis at ARI.
Bioaccumulation testing may not be required by the agencies in the underlying marine sand. An
alternative testing cost is provided that reflects one treatment and the LA -3 reference.
Task 6: Tissue Chemistry
Tissues from the bioaccumulation tests will be analyzed for chemical residues. This proposal
includes costs for conducting a broad suite of chemical analysis, however, it is likely that the
analyte list can be refined following receipt of the sediment chemistry results and would
dramatically reduce analytical costs. Previous investigations have indicated that the primary
COCs in Lower Newport Bay are DDTs, mercury, and organotins. It is possible that the analyte
list could be limited to this subset of analytes.
Because each replicate from each treatment for each species is analyzed for tissue residues, the
estimated number of analytical samples is 30 (15 for clams and 15 for worms). In addition, 3
background tissue samples will be analyzed. As with the sediment analysis, QA/QC samples
will be analyzed concurrent to test samples and will be evaluated by NewFields.
As in Task 5, if bioaccumulation testing is not required for the underlying sand, an alternative
analytical cost is provided that reflects one treatment and the LA -3 reference. Estimated total
cost does not include PAHs or PCBs which have not historically been included in
bioaccumulation tests from this area
Task 7: Data Analysis and Reporting
All chemistry and biological testing results and ancillary data will be entered into an Excel
spreadsheet. For the solid phase tests, the limiting permissible concentration (LPC) for ocean
disposal is based on statistical and numerical comparisons between the test composites and the
reference treatments. For the SPP tests, the limiting permissible concentration (LPC) will be
calculated using the STFATE model.
NEWFIELDs, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
The final report will include a summary of methods used and any deviations from the protocols, a
summary of all sediment and water chemistry, toxicity and bioaccumulation testing data, all raw
data, reference - toxicant response, summary of water quality data, and chain -of- custody forms. A
discussion of QA/QC results and their implications on the test data will also be presented. Both
electronic and hardcopy versions of the report will be provided.
Task 8: Water Chemistry and monitoring
Water quality monitoring during construction will be required by the USACE and the RWQCB.
Beach nourishment programs require turbidity monitoring and a biological impact report. It is
unclear what additional parameters will be required or what frequency of monitoring will be
needed. These details will be determined during permitting. Past programs have required the
analysis of total suspended solids, dissolved oxygen, pH, and project specific chemical
contaminants of concern. The type of sampling equipment and the scope of work will be
determined once the parameters are known. NewFields will work with the City to develop a
scope of work once the permit requirements have been determined.
Task 9: Permitting Support, Options /Alternatives Analysis
Based on the data collected during the soil/sediment evaluation, NewFields will prepare an
Options/Alternatives Analysis, reviewing the in -water and upland disposal options available to
the City.
NewFields and Thomas Johnson will provide permitting support, including meetings with the
City, USACE, RWQCB, Coastal Commission, and stakeholders to help define feasible disposal
options for soils and sediments. Permit applications for USACE, the RWQCB, and, if necessary,
Coastal Commission would be completed under this task. It may be that those agencies will use
the combined application developed by the LA CSTF.
Task 10: Technical Support for Agency Review
During previous investigations, NewFields staff members have assisted clients in presenting the
results of sediment investigations to USEPA, USACE, and other resource agencies. This is
particularly helpful for project with a short timeline. At your request, we will facilitate a joint
meeting to report the results of this investigation and to work with USEPA in determining
disposal options for the proposed dredged material. It is difficult to determine the total cost for
this task, as it will depend largely on the data generated during the study. This task is typically
billed as time and materials based on rates of $130/hr for Mr. William Gardiner, $135/hr for Dr.
Thomas Johnson, and $1601hr for Dr. Jack Word.
NEwFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Estimated Costs
This section outlines the estimated costs, by task, as described in the sections above. It is highly
likely that only a few analytes will be required for tissue analysis, which would substantially
reduce the costs of Task 7. In addition, it is likely that one or more DMMUs will not require
bioaccumulation testing at all, further reducing project costs.
Summary of Proposed Cost Summary by Task
Task Name and Number
Cost for Task
1. SAP preparation and Agency Approval
$6,500
2. Sediment Sampling and Sample Processing
$18,500 includes cost for Gregg
Drilling
3. Sediment/Soil Chemical Analysis
$8,500
4. Biological Evaluation
$16,000
5. Bioaccumulation Testing
$12,500 for two composites and LA -3
$8,300 for one composite and LA -3
6. Tissue Chemistry
$22,100 maximum
7. Data Analysis and Reporting
$12,000
8. Water Quality/Monitoring
TBD
9. Permitting Support/Options Analysis/Agency
Coordination
$18,000
Estimate includes time and materials for permit
applications and coordination by Thomas Johnson.
10. As Needed Technical Support
T&M (estimated $10,000)
The total cost for this program would be $114,100 with complete tissue chemistry. As
mentioned above, it is highly unlikely that the full suite of tissue chemistry will be required and
will depend on the soil and sediment chemistry results. A specific cost schedule by analyte is
presented in
NEWFIELDs, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297-6040
Estimated Analytical Costs for Tissue Chemistry on a per Sample Basis
Analytical Parameter
Number of
Sam les
I Unit Cost
If bioaccumulation testing is required for two composites and LA -3
Tissue Homogenization
30
340
Lipid
30
2,079
DDT (acid rinse run with
chlorinatedpesticides)
30
2,010
CI -Pest
30
4,782
Total Metals
30
7,000
But (tins
30
*6,098
PAH
30
5,891
PCB
aroclors, 4 ppb detection limit
30
*6,237
$22,100
If bioaccumulation testing is required for one composite and LA -3
Tissue Homogenization
20
231
Lipid
20
1,386
DDT (acid rinse run with
chlorinatedpesticides)
20
1,340
CI -Pest
20
3,188
Total Metals
20
5,660
But (tins
20
*4,065
PAH
20
3,927
PCB
aroclors, 4 ppb detection limit
20
*4,158
$15,730
*Total estimated cost does not include PAHs and PCBs.
NEWFIELDs, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297-6040
Estimated Timeline
From the notice to proceed (NTP) from the City, the SAP preparation will be completed within 3
weeks. This assumes that all necessary bathymetry and design specifications are in place. Once
the SAP is complete, it will be submitted to the City for review and approval. Upon approval,
the SAP will be submitted to EPA and US Corps of Engineers for their review. Past SAP
reviews have required 4 to 6 weeks; however, this is dependent upon their staff availability.
Field sampling will occur within 3 weeks from receiving the NTP from the agencies. This
schedule is driven in part by the availability of sampling vessels and Gregg Drilling coring teams.
Sample processing, chemical analysis, biological testing, and bioaccumulation testing will begin
immediately following the field sampling. All chemical analysis and biological testing should be
complete within 6 weeks of the completion of field sampling. Data will be reviewed for data
quality and then submitted to the agencies for review. NewFields will meet with the City and the
agencies to determine the appropriate tissue chemistry analysis based on the sediment chemistry
and bioassay data. This process typically requires 2 weeks, provided that the agency staff are
available for consultation. Once the tissue analyte list is determined, tissue chemistry will
require 4 weeks to complete.
The draft report will be submitted to the City four weeks after validation of the tissue chemistry
data. NewFields will provide a final report within 2 weeks of receiving comments from the City.
The draft report will be available 26 to 28 weeks after the NTP, provided that the review periods
by the agencies and the City are within the time periods provided above.
The timeline can be compressed somewhat by requiring faster turnaround times from the
analytical laboratories. This typically increases the analytical costs. Other portions of the
timeline may occur more quickly if the agency response times are faster than anticipated.
NEwRELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Fax #:
0 0
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 8/22/08 Dept./Contact Received From: Shauna Oyler
Date Completed: _` 8/22/08__ Sent to: Shauna Oyler By: Jessica Scherer
Company /Person required to have certificate: NewFields Companies, LLC
1. GENERAL LIABILITY
A. INSURANCE COMPANY: American International Specialty
Lines Insurance Company
B. AM BEST RATING (A: VII or greater): A +XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
$5m Each Ocr/$10m Agg
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence' wording?
❑ Yes ® No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: _Commerce and Industry Insurance Company
B. AM BEST RATING (A: VII or greater) A +XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500.000 UM):
What is limits provided?
$1,000,000
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ® Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
0 0
III. WORKERS'.COMPEN SAT] ON
A. INSURANCE COMPANY: Hanford Casualty Insurance Company
B. AM BEST RATING (A: VII or greater): _ A +XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: additional insured endorsement has been requested.
WC: waiver o1'subrogation has been requested.
. Page 1 of 3
Rooks, Shari
From: Jessica Scherer PScherer @bbsocal.com]
Sent: Friday, September 12, 2008 9:24 AM
To: Rooks, Shari
Cc: Rhonda Kostoff
Subject: FW: NewFields Companies, LLC - Auto Policy # CA6531439 NEED BLANKET ADDITIONAL
INSURED ENDORSEMENT TODAY VIA EMAIL PLEASE
Importance: High
Shari,
Please see the email chain below as the certificate for Newfields is complete. The auto additional insured
endorsement has been requested and with the confirmation email received from AIG below the endorsement is
being issued. With this confirmation Newfields has supplied complete coverage on the certificate and you are
covered. The endorsement will be forwarded once received form AIG. Let.me know if you have any questions or
need anything further.
Jessica Scherer
Commercial Line Account Administrator
Brown & Brown of California, Inc.
P.O. Box 6989
Orange, CA 92863
Ph: (714) 221 -1841 Fax: (714) 221 -4141
Email: Jscherer@bbsocal.com
License# OF06835
NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be
bound, altered or cancelled by the use of email.
From: Cindy Delaney [mailto:cdelaney @McGriff.com]
Sent: Friday, September 12, 2008 9:17 AM
To: Jessica Scherer
Cc: Jennifer Loudermilk; Ronda Robinson; Ginger Hicks
Subject: FW: NewFields Companies, LLC - Auto Policy # CA6531439 NEED BLANKET ADDITIONAL INSURED
ENDORSEMENT TODAY VIA EMAIL PLEASE
Importance: High
Hi Jessica,
It was a pleasure speaking with you this morning.
Here is the email that Jennifer sent to Shauna yesterday regarding the Auto additional insured endorsement that
your client requested. Previously, we had furnished Shauna at City of Newport both a copy of our actual August
11 th endorsement request to AIG for the additional insured endorsement and we also sent this email confirmation
to her yesterday.
As noted, AIG is processing our request to comply with your cert requirements but we do not physically have the
endorsement form in hand at this time to send you.
As we discussed, this information should be sufficient documentation for these purposes.
09/12/2008
• . Page 2 of 3
If you have any questions or require any additional information, please don't hesitate to contact me.
We will forward a copy of the actual endorsement to City of Newport upon receipt as requested.
Thanks very much for your help!
cindy
Cindy Delaney, CIC
Account Exeuctive
McGriff, Seibels, & Williams
(404) 497 -7560
From: Jennifer Loudermilk
Sent: Thursday, September 11, 2008 4:25
To: 'Oyler, Shauna'
Cc: Cindy Delaney
Subject: FW: NewFields Companies, LLC -
ENDORSEMENT TODAY VIA EMAIL PLEASE
Shauna,
PM
Auto Policy # CA6531439 NEED BLANKET ADDITIONAL INSURED
Please see the email below from our underwriter concerning our request for this form.
Thank you,
Jennifer Loudermilk
McGriff, Seibels & Williams, Inc.
One Premier Plaza
5605 Glenridge Dr., Suite 300
Atlanta, GA 30342
Direct (404) 847 -1616
Fax (770) 209 -3192
iloudermilk@mcgriff.com
From: Nabel, Nicholas [mailto:Nicholas.Nabel @AIG.com]
Sent: Thursday, September 11, 2008 4:02 PM
To: Cindy Delaney
Cc: Jennifer Loudermilk
Subject: RE: NewFields Companies, LLC - Auto Policy # CA6531439 NEED BLANKET ADDITIONAL INSURED
ENDORSEMENT TODAY VIA EMAIL PLEASE
We are processing your endorsement request. The process will take a few days.
Thanks you for your understanding,
Nick
Nicholas Nabel
100 Connell Drive
Berkeley Heights, NJ 07922
Tel# 908- 679 -3599
Fax # 866- 232 -3702
www.aigenvironmental. com
Learn about AIG Environmental's Pollution Incident and Environmental Response program (PIER II) at www.PIERII.com
09/1212008
• . Page 3 of 3
From: Cindy Delaney [mailto:cdelaney @McGriff.com]
Sent: Thursday, September 11, 2008 10:55 AM
To: Nabel, Nicholas
Cc: Jennifer Loudermilk
Subject: NewFields Companies, LLC - Auto Policy # CA6531439 NEED BLANKET ADDITIONAL INSURED
ENDORSEMENT TODAY VIA EMAIL PLEASE
Importance: High
Hi Nick,
Following -up on our telephone conversation and our email request on 8111, please forward this blanket additional
insured endorsement form to us via email today.
Thanks so much for your help on this!
Please call with any questions.
cindy
Cindy DeLaney, CIC
Account Executive
McGriff, Seibels & Williams, Inc.
One Premier Plaza
5605 Glenridge Dr., Suite 300
Atlanta, GA 30342
Direct (404) 497 -7560
Cell (404) 536 -2426
Fax (404) 497 -7501
cdelane y @mcgritf. com
09/1212008
• Page i c° t
Oyler, Shauna
From: Jennifer King [JKing @bbsocal.coml
Sent: Monday, September 15, 2008 11:57 AM
To: Oyler, Shauna
Cc: Mark Zahoryin; Jessica Scherer
Subject: NewFields Companies, LLC - Certificate of Insurance - Marina Park Project
Hi Shauna,
To confirm our telephone conversation this morning, in review of the policy endorsements provided by NewFields,
as of today, it is acceptable to proceed with the processing of their contract.
When I determine what is the most recent Certificate of Insurance Checklist form I will email you a copy.
Contact me directly with any questions.
Best regards,
Jeri
Jennifer M. King
Brown & Brown of California, Inc.
500 N. State College Blvd., Suite 400
Orange, CA 92868
Ph: (714) 221-1873 Fax: (714) 221-4173
Email:jking@bbsocal.com
License #0786768
NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown &
Brown of California, Inc. Coverage cannot be bound without confirmation from an authorized representative of Brown & Brown.
CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is privileged and confidential. It is
intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible
for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error, please notify us by return email or telephone immediately. Thank you.
09/15/2008
E
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
July 22, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Mark Reader, Project Manager
949 - 981 -5260, mreader @city.newport- beach.ca.us
SUBJECT: MARINA PARK - PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS LLC FOR BIOLOGICAL, CHEMICAL AND TOXICITY
SAMPLING AND ANALYSIS OF MARINE SEDIMENTS /ORGANISMS
RECOMMENDATION:
Approve and authorize the Mayor to execute the attached agreement with NewFields LLC for
conducting biological, chemical and toxicity sampling and analysis of marine
sedimentslorganisms, including disposal review /reporting and permitting for the Marina Park
project at a not to exceed price of $114,100.
DISCUSSION:
On November 13, 2007, City Council approved the Marina Park Concept Plan & Final Master
Plan report and authorized the City Manager to bring forward a contract for the schematic
design phase of the Marina Park project and proceed with preparation of CEQA documents.
On March 25, 2008, the City Council approved professional services agreements with
Rabben /Herman Design Office for the preparation of schematic design services and with
Michael Brandman Associates for preparation of the Environmental Impact Report (EIR) for
the Marina Park project. In addition to approving these two contracts, Council approved a
budget amendment appropriating $1,070,727 from the unappropriated General Fund balance
to Account No. 7411- C4002002 (Marina Park) to fund the design and CEQA work, as well as
other needed supplemental work efforts. This amount included $200,000 to cover future
marine sediment/organisms analysis and material disposal.
In March 2008, the consultant team was still making various assumptions on the amount and
type of soil sampling and analysis needed to further determine if the proposed dredged spoils
could be used for beach replenishment and /or would need to be scheduled for ocean
disposal. The city solicited proposal for the worst case scope of work and received proposals
from two firms, NewFields and Weston Solutions. Staff used this information to establish a
$200,000 budget.
PSA with NewFields for Marina Park
July 8, 2008
Page 2
During this same time period, NewFields was also presenting an amendment to their existing
work contract with the Harbor Resources Department for Sediment Investigations Supporting
Dredged Material Management within the West Lido and Newport Channels. The Harbor
Department and Public Works Department met with Newfields and determined there would
be a cost savings to have these two projects done simultaneously. Based on the synergy of
these two projects, NewFields was also selected to provide the analysis for the Marina Park
Project.
On May 16th, geotechnical borings were taken throughout the Marina Park Project site. At
staffs request, Newfields was at the site during the geotechnical boring phase. Based on the
preliminary sediment data collected by NewFields and the project geotechnical consultant,
Terra Costa, the majority of the excavated material from the new marina area is expected to
be used for beach sand replenishment.
Staff now recommends that Council approve the attached proposal with NewFields for
$108,250 to provide biological, chemical and toxicity sampling & analysis of marine
sediments /organisms for the Marina Park project. Under the proposal, NewFields will take
approximately 16 samples for analysis from two areas within the Marina Park Marina, the
upland portion and the current marine intertidal and subtidal areas. This sampling will be
coordinated with on -going marine sediment/organism evaluations being conducted in support
of the Harbor Resources Program. NewFields will also assist with obtaining any Regulatory
Agency reporting /permitting /approval for beach nourishment and /or open ocean disposal at
LA -3 of the dredged sediments.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds are available in the
following accounts for the project:
Account Description Account Number Amount
General Fund 7411- C4002002 $114,100
Total: $114,100
Submitted by:
Attachments: Professional Services Agreement with NewFields LLC
Marina Park Site Plan Exhibit
Badum
s Director
0 1 •
PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS COMPANIES, LLC
FOR THE MARINA PARK PROJECT
THIS AGREEMENT is made and entered into as of this _ day of ,
2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and NEWFIELDS COMPANIES, LLC, a Georgia Limited Liability Company,
whose address is 1349 West Peachtree Street, Suite 2000, Atlanta, Georgia 30309
( "Consultant "), 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 is proceeding with schematic design and completion of the CEQA
documents for.the Marina Park Project..
C. City desires to engage Consultant to Act as the technical consultant and provide
technical studies relating sediment and soil sampling and analysis for the project,
assist with Regulatory Agency Permitting and provide Technical Support for
Agency Review as outlined in NewField Companies, LLC Scope of Services
referenced as Exhibit "A" for the Marina Park Project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Bill
Gardiner, Partner /Senior Scientist.
F. 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 above written date, and shall
terminate on the 31st day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
r 0
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure.by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Eight Thousand Two Hundred Fifty Dollars and no /100
($108,250.00) 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.
4.1 Flat Rate Tasks: City shall pay Consultant for the services identified as
Tasks 1, 2, 3, 4, 5, 6 and 7, outlined and defined on the Schedule of
Costs by Task, attached hereto as Exhibit A and incorporated herein by
reference, on a flat rate, not to exceed basis in accordance with this
Section and Exhibit A. Consultant shall submit invoices after the
completion of each flat rate task as defined in Exhibit A to City with a brief
description of the.services performed and /or the specific task in the Scope
of Services to which it relates. City shall pay Consultant no later than thirty
(30) days after approval of the invoice by City staff.
4.2 Time and. Expense Tasks: City shall pay Consultant for the services
identified as Tasks 8, 9, and 10, outlined and defined on the Schedule of
Costs by Task, attached hereto as Exhibit A and incorporated herein by
reference, on a time and expense basis, at a not to exceed rate in
accordance with the provisions of this Section and Exhibit A. Consultant
04
0 •
shall submit monthly invoices to City describing the work performed the
proceeding month for tasks completed on a time and expense basis.
Consultant's bills shall include the name of the person who performed the
work, a brief description of the services performed and /or the specific task
in the Scope of Services to which it relates, the date the services were
performed, the number of hours spent on all work billed on an hourly basis,
and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the invoice by City
staff.
4.3 City shall reimburse Consultant only for those costs, materials or
expenses specifically approved in this Agreement, or specifically
approved in writing in advance by City. Unless otherwise approved, such
costs shall be limited and include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
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 A.
4.5 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
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 Bill Gardiner 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
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shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader, PE shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in ,a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consuttant'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. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all- licenses, permits, qualifications, insurance and approvals of
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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, or 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
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, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
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, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's 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. 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 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.
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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 and /or his /her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. 5ighature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
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Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual .liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
This policy shall be considered primary insurance as respects to
City', its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
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self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional lnsuran'ce. 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.
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 cotenancy,
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
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
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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. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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
Each and every report, draft, map, record, plan, document and other writing
produced (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
compenscItion to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days aftgr finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
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1s.
20.
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such CADD data. All original drawings shall be submitted
of AutoCAD used by CITY in ".dwg" file format on a CD, an
the City's digital submission requirements for Improvement
provide AutoCAD file of City Title Sheets. All written
transmitted to City in the City's latest adopted version of
Excel.
CONFIDENTIALITY
to City in the version
1 should comply with
Plans. The City will
documents shall be
Microsoft Word and
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 authorizes in writing the release of information.
OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
INTELLECTUAL PROPERTY INDEMNITY
The Consultant . shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
RECORDS
Consultant shall keep records and invoices in connection with the work 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.
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
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shall have an immediate right to appeal to the City Manager or his/her 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.
24. 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 paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
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Phone: 949 - 981 -5260
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Ms. Ginger Hicks
Company NewFields Companies and its Affiliates
Address 1349 West Peachtree Street Suite 2000
City, State Zip Atlanta Georgia 30309
Phone: (404)347 -9050
28. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day arid. year first written above.
APPROVED AS TO FORM:
A 0"' c I
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkiess,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Ed Selich
Mayor
for the City of Newport Beach
CONSULTANT:
M
(Corporate Officer)
Title:
0
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services, Schedule of Cost by Task
f: \werslpbwlshatedlagteements\fy 08- 0ftevAelds -marina patk.doc
14
NEwFIELDS
Mark Reader
City of Newport Beach
Newport, California 92660
u.
Dear Mark,
June 20, 2008
We are pleased to provide you twith,a proposal for conducting an environmental evaluation in
support of the Marina Park project: Based on our previous meetings, it is our understanding that
the City is in the process of preparing the Environmental Impact Report (EIR) for the CEQA
process and submitting permit applications in-support of the Marina Park project, located on the
Balboa Peninsula. The Marina Park project includes the expansion of existing beach areas and
marina facilities, including the conversion of approximately 47,000 square feet of uplands to a
28 -slip marina. Sediment and soils throughout the marina complex will be excavated to
accommodate the project depth of 1'0 ft. MLLW plus a 2 ft. overdredge.
Based on previous soil and sediment data collected by NewFields and Terra Costa from the site,
the majority of the, excavated material is expected to be available for on -site beach replenishment
and expansion. It is also anticipated that a portion of the material will need to be disposed of
either at the LA -3 ocean disposal site or upland, either as clean fill or as contaminated material.
As part of the permit application process, each of these options will be evaluated to assist the
City and the resource agencies in deciding the eventual fate of the excavated material. Existing
data collected in the vicinity of Marina Park will be used to maximize the amount of material
eligible for beach replenishment aid minimize the need for alternative placement.
NewFields is proposing to conduct a sampling and analysis program and an options analysis that
determines soil /sediment suitability for both in -water and upland options. In order to provide
time and cost savings, this program will, be conducted in conjunction with an ongoing sampling
and analysis program that is being conducted in Lower Newport Bay for the Harbor Resources
Division. In addition, New.Fields,.in conjunction with Thomas Johnson PhD, will assist the City
with permitting and agency coordination. Dr. Johnson has extensive regional permitting
experience both with the Port of Long Beach and as an independent contractor. NewFields staff
members also have close working relationships with the regional agency personnel and have
supported the City.and; private clients on dredged- material management issues in Newport Bay.
The following proposal outlines our proposed approach, the underlying assumptions, and the
estimated costs associated with each. element of this proposal.
NEwFiELDS, LLC.
PO Box 216, 4729 Nt View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
General Approach
Excavated soils and sediment may be disposed of in two ways, in -water disposal and upland
disposal. In -water disposal for Newport Bay typically includes beneficial reuse within the Bay
or open -water disposal at the. LA -3 Disposal Site. In -water disposal requires an evaluation
following US Army Corps (USACE) and US Environmental Protection Agency (EPA)
guidelines to determine its suitability for beach replenishment or ocean disposal. Upland
disposal includes clean fill, construction, disposal at a landfill, or disposal at a contaminated
materials waste facility. Disposal at these facilities generally requires soil chemistry analysis and
some type of leaching tests, such as a WET test, to determine if chemicals can be mobilized by
rain water.
To support the project goals, we propose to sample and evaluate soil and sediment from two
areas within the Manna Park project area: the upland portion of the proposed marina and the
current marine intertidal and sitbtidal areas. We would recommend considering these areas as
separate dredged management .units since the soil/sediment type and contaminant history is
substantially different. The upland portion of the site is dominated by sand, which is likely to
qualify for beach replenishment and would require minimal analyses. The marine portion of the
site includes finer grained sediment overlying sand. Based on data collected by NewFields for
the City, there is an indication that a vertical division of the marine portion of the site into two
dredged- material management units (DMMUs) may provide the City with the best options for
disposal. The surface material is . finer- grained sediment that may have some contaminants
present and would not be, eligible for beach nourishment. The deeper sediment is comprised of
clean sand that may, qualify for beach nourishment. By separating these samples by depth (based
on sediment type), the City would lie able to maximize the amount of material eligible for beach
replenishment — and would minimize the amount of material that would require more costly
disposal options. -
All samples will be collected to design depth plus a 2 ft. overdredge. Upland soils will be
sampled in six locations by Gregg Drilling Consulting Group Inc. Because the upland soils are
marine in nature, they will be evaluated for beach replenishment options. Based on data
collected by Terra Costa and - NewFields, it is likely that this would include grain size analysis
and confirmatory chemistry analysis.
Marine sediments from the in -water portion of the site will be collected by NewFields from a
total of eight subtidal stations using a vibracwre sampler, allowing the recovery of the deeper
coarse sands. A surface and subsurface composite would be evaluated under the
USEPA/USACE requirements for ocean disposal and beach replenishment. Samples will be
analyzed for physical and chemical characteristics, including sediment grain size, total organic
carbon, metals, and organic contaminants of concern (COCs). Both toxicity tests and
bioaccumulation tests will likely, be required by the regulatory agencies to determine disposal
options for the marine sediments collected from the subtidal stations. Potential biological effects
(mortality or abnormal development) of the sediments from subtidal stations will be evaluated
using lboratpry toxicity tests of the solid -phase and suspended - particulate phase of test
sediments. Laboratory' bioaccumulation'tests will also be required in order to determine the
potential uptake of COCs into tissues.
Marina Park soils and sandy sediments will be compared to requirements for beach nourishment
under Regional General Ilermit 67. (RGP -67) or under an individual permit. Marine sediments
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble,. Washington 98364
Tel: (360) 297 -6040
that do not qualify for beach nourishment (either due to grain size or presence of COCs) will be
compared to the LA -3 disposal site reference sediment to evaluate their suitability for open -ocean
disposal at LA -3. In each case, the proposed approach will be modified to incorporate testing
results and to streamline the evaluation process. For example, if all sediment within a DMMU
meets the beach replenishment criteria, farther evaluation, such as bioaccumulation, may not be
necessary. Likewise, if . COCs are not present in sediments or soils, evaluation for the
bioaccumulation potential of those'COCs will be unnecessary.
Because of the short timeline for sampling and analysis and data submittal, coordination with the
agencies will be critical. NewFields,, in conjunction with Dr. Johnson, will help to facilitate
agency coordination, involving the agencies at key points throughout the project. We have found
that previous projects have benefited from agency coordination and review at critical points of
the evaluation. In particular, the agencies will be invited for review and comment of the
sampling and analysis plan, the "sediment chemistry data (to determine the need for bioassay and
bioaccumulation testing and a COC list for bioaccumulation testing), and during the
interpretation of the test results.
Based on NewFields previous and current experience in Newport Bay, the following program
modifications are suggested for incorporation into the testing program.
,
Specific Program Modifications:
Coordination with Ongoing SnplinA Programs: NewFields will conduct the sampling and
analysis program in coordination with,on -going sediment evaluations being conducted in support
of the Harbor Resources program. Depzii'ding upon project schedules, significant time and cost
savings may be realized during field sampling, sample analysis batching, use of reference values
to be established for the LA -3 Reference site (rather than collecting and testing the reference
material), and coordinationr- With,regulatory agencies. NewFields has already coordinated with
EPA regarding beach replenishment options for Marina Park during broader planning meetings
with the Harbor Resources. division and EPA Region 9.
Maximizing Beach Nourishmerit O tin 'ons: The amount of excavated material that is eligible for
beach nourishment.will be maximized by using historic data regarding the origin of soils above
mean high tide, using existing data collected from the site, and compositing strategies.
Balboa Peninsula soils below mean. high tide are eligible for beach nourishment, however,
sediment from above the .high tide line can onlyl be considered for beach nourishment if the
surface soils were originally marine sediment relocated to the Peninsula (i.e., dredged material).
NewFields will use historic data fiom the site to maximize the volume of material considered for
beach nourishment. Some surface material (top one to two feet) would also be considered for on-
site application as clean fill.
As part of planning efforts for Marina Park, NewFields collected samples of Marina Park soils
for metals axd DDT analysis. Samples were analyzed to determine the likelihood that soils
would be eligible for beach nourishment. Based on this data, it appears that the COC's
commonly found in Newport Bay are: not present in project soils. Existing data will be used to
limit the amount of additional sampling and analysis that would be required to determine
suitability. ,
. i , NEwFtELDs, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
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In a recent evaluation of West Lido Channel; NewFields collected core samples from the vicinity
of the Marina Park project site. Marine sediments. at the site appear to be comprised of fine -
grained sediment overlying. sand. While the surface material is too fine- grained to qualify for
beach nourishment, the underlying sand would likely qualify. By creating two vertical
composites, the bottom material can be considered for beach nourishment. If the underlying sand
is free of chemical contamination and matches the receiving beaches in grain size, that material
may not require biologicpl testing or bioaccumulation testing. That would reduce the costs
associated with the. biological testing tasks, as well as reduce disposal costs. Likewise, if the
surface materials require 'some,type of alternative disposal due to chemical contamination, the
vertical compositing strategy would greatly reduce the volume of material.
DDT Tissue Burdens:.. Based on observations from sediment investigations that NewFields has
recently completed in the vicinity,of the proposed Marina Park, sediment from the project area
may contain DDT analogs and mercury. Generally, when contaminants are observed in
sediment, the final determination of suitability is based on the bioavailability of the contaminants
of concern (COCs). Bioavailability. iS determined, in part, by COC tissue concentrations from
the bioaccumulation tests. For DDT,. EPA also uses a standard multiplier of 2.9, since it is
believed that DDT does not reach equilibrium during the 28 -day bioaccumulation test. Recent
evaluations of DDT. in sediment from Lower Newport Bay by NewFields indicated that because
of the observed mixture of DDT analogs, a site specific multiplier of approximately 2 provided a
better estimate of total DDT tissue concentrations (as discussed with EPA Region 9). If DDT
analogs are present in tissues from the bioaccumulation tests conducted with Marina Park
sediment, an assessment of risk will be based on site - specific multipliers.
Mercury in Sediment: There are also some indications that the sediments from the Marina Park
project area may contain mercury. If so, the potential bioavailability will be assessed during
toxicity and bioaccumulation tests. However, if the sediment may be used for beneficial reuse,
WET (Whole Effluent Toxicity) tests may need to be conducted to evaluate the potential for
mercury (or other analytm found in the sediment) to leach into the receiving waters. This is not
included in this proposal, but may be required, depending upon the sediment chemistry results.
Sediment Grain Size: Sediment in Lower` Newport Bay is dominated by very fine clay ( <2 pm
diameter). Previous investigations by NewFields have shown that the clay fraction can influence
the outcome. of the ampii pod tests conducted with Eohaustorius estuarius (a test species
commonly used in Newpbit Bay.evaluations). If sediment from the site is dominated by fine
clay, amphipod tdsts will to conducted with the fine- grained tolerant species, Ampelisca abdita,
or some other suitable species.
NEwF[ELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
PROPOSED APPROACH
Task 1: Sampling and Analysis Plan
J
Under this task, a sampling and analysis plan (SAP) will be prepared for review by the City and
to support initial discussions with EPA, the USACE, and other resource agencies prior to
conducting the sediment evaluation. Based on previous investigations we have performed in the
Newport Bay area, we would expect an initial conference call with the EPA and USACE prior to
sampling. This task would include supporting any initial agency negotiations and includes
support by Dr. Johnson during. SAP preparation and initial agency meetings.
The SAP will provide the following information:
• Project background and justification,
• Sampling and compositing strategy, including sampling methods and station locations;
• Chemical and biological methods;
• Quality assurance; and quality control measures;
• Chemical detectign limits and performance standards; and,
• Analytical methods and basis for data interpretation.
Task 2: Field Sampling and Sample Processing
We propose to sample approximately 14 stations within the Marina Park project area,
representing three dredged materihl management units (DMMUs). Stations locations will be
selected based on.historic uses in the area, geotechnical information about the upland site, and
sediment data from recent surveys (NewFields), with the intent that the material evaluated during
this investigation is representative of the excavated soillsediment. Sediment will be collected to
project depth plus a two -foot overdredge. - Sediment cores are expected to be 3 to 6 ft. in length.
Soil cores are expected to be 13 to 18 ft. in length. Soil coring will be conducted by Gregg
Drilling. The coordinates for each station will be recorded using dGPS and the length and
general characteristics of each core will be recorded in field logs. Cores from the appropriate
stations will be composited into 3 analytical samples.
In addition to evaluating the 3 area composites, sediment will be collected from the reference site
for the currently designated-LA-3 disposal site. The reference sediment will provide a point of
comparison for material proposed for placement at the ocean disposal site. LA -3 sampling may
not be required if a reference value is established as part of the Harbor Resources sediment
program. Field sampling is expected to require one day for marine core sampling and one day for
upland drilling. An additional contingency day in included in this estimate. This estimate is
based on the assumption.that the site and needed drilling locations will be available to the
drilling team.
Task 3: Chemical Analysis of Sediment Samples and Test Composites
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Chemical analysiswill be perfgrtned on each of the three test composites, as well as the LA -3
reference sediment. All stations will be evaluated for sediment grain size and total organic
carbon (TOC). Sediment grain size is critical to beach nourishment suitability determinations.
Grain size data for individual stations allows groups of stations to be "recomposited" based on
grain size, maximizing the amount of material that can be used for beach replenishment. In
addition, sediment from each station will be frozen for archive in case future chemical analysis is
required.
Composites will be analyzed for sediment grain size, TOC, and a suite of EPA priority
pollutants, including metals (including mercury), polycyclic aromatic hydrocarbons (PAHs),
chlorinated pesticides (including 2,4' and 4,4' DDT groups), polychlorinated biphenyls (PCB
aroclors), and organotins. Analytical Resources Inc. of Tukwila, Washington will perform the
chemical analysis. This laboratory has conducted previous studies in the Newport area and we
have a close working relationship with their chemists.
Analytical precision and acduracy will be 'et+aluated using quality assurance /quality control
(QA/QC) samples with each analytical batch. QA/QC analysis will include blanks, lab - control
spikes, and matrix spike /matrix spike duplicates. NewFields will evaluate all chemistry QA/QC
data and its potential implications on the analytical results from the test samples.
Task 4: Biological Testing of Sediment Composites
Two marine composites will be evaluated for potential biological effects related to the dredging
and placement of the proposed dredged material will be evaluated following EPA and USACE
guidance for dredged material. evaluation (the Ocean Testing Manual and the Inland Testing
Manual). Tests will include laboratory evaluations of both the solid -phase and the suspended -
particulate phase of the two test composites, The solid -phase tests provide an estimate of
toxicity to benthic organisms at the disposal site. Solid -phase tests will include 10 -day acute
tests with an amphipod; Ampelisga abdita or Eohaustorius estuarius, and the mysid shrimp,
Americamysis bahia (formerly Mysi46psls bahia). The suspended - particulate phase (SPP) tests
provide an estimate of toxicity to water column organisms exposed to sediment as it falls through
the water column at the disposal site. It.can also provide an indication of water -column toxicity
that might be encountered during the dredging process. SPP is the liquid portion of a 1:4
sediment/seawater slurry that is designed to simulate the dredging process. SPP tests will be
conducted with a dilution series of 10 %, 50 %, and 100% SPP for each of the test composites.
Reference sediments are not included in the SPP test. SPP tests will be conducted with the fish,
Menidia beryllina, the mysid, A. bdhia, and larval mussels (Mytilus sp.).
Each test will include a negative control treatment that is run concurrent to the test sediments and
will be the native sediment collected with the test organisms (for the solid -phase tests) or clean
seawater (for the SPP tests). A reference - toxicant test will also be conducted with each batch of
test organisms to determine the relative sensitivity of the test organisms. Water quality
parameters will,be measured in all replicates -at test initiation and termination, and in one
NEwFtELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
s
Tel: (360) 297-6040
replicate per treatment daily during the test. Parameters to be measured during this testing
program include temperature, pH, dissolved oxygen, and salinity. In addition, bulk sediment
pore -water ammonia will be measured prior to testing and pore water ammonia will be measured
for each treatment on days 0 and 10. Following test termination, all data will be evaluated for
adequate control performance.
Task 5: Bioaccumulation Testing'of Sediment
In order to evaluate the potential for sediment - associated chemicals to accumulate in tissues of
benthic organisms at the disposal site, 28 -day bioaccumulation tests will be conducted with the
clam, Macoma nasuta; and the marine worm, Nephtys caecoides. During the bioaccumulation
test, clams and worms are exposed toiest sediments for 28 days. Following the exposure period,
the test organisms are held for 24 hours in clean seawater to void any sediment that may remain
in the gut. A native control sediment and LA13 Reference sediment will be tested concurrent to
the test treatments. Tissues from each of the test treatment and reference replicates will be frozen
and sent for chemical analysis at.ARI.
Bioaccumulation testing may not be required by the agencies in the underlying marine sand. An
alternative testing cost is provided that reflects one treatment and the LA -3 reference.
Task 6: Tissue Chemistry.
Tissues from the bioaccumulation tests will be analyzed for chemical residues. This proposal
includes costs for conducting a broad suite of chemical analysis, however, it is likely that the
analyte list can be refined following receipt of the sediment chemistry results and would
dramatically reduce analytical costs. Previous investigations have indicated that the primary
COCs in Lower Newport: Bay are DDTs, mercury, and organotins. It is possible that the analyte
list could be limited to this subset of apalytes.
Because each replicate from each treatment for each species is analyzed for tissue residues, the
estimated number of analytical samples is. 30 (15 for clams and 15 for worms). In addition, 3
background tissue samples will be analyzed. As with the sediment analysis, QA/QC samples
will be analyzed concurrent to test samples and will be evaluated by NewFields.
e
As in Task 5, if bioaccumulation testing is not required for the underlying sand, an alternative
analytical cost is provided that,reflects one treatment and the LA -3 reference. Estimated total
cost does not include PAHs or 'PCBs which have not historically been included in
bioaccumulation tests from this area '
Task 7: Data Analysis and Reporting
All chemistry and biological testing results and ancillary data will be entered into an Excel
spreadsheet. For the solid phase tests, the limiting permissible concentration (LPC) for ocean
disposal is based on statistical and numerical comparisons between the test composites and the
reference treatments. For the SPP, tests, the limiting permissible concentration (LPC) will be
calculated using the STFATE model.
The final report will include a summary of methods used and any deviations from the protocols,
a summary of all sediment and water chemistry, toxicity and bioaccumulation testing data, all
raw data, reference - toxicant response, summary of water quality data, and chain -of- custody
NEWFIELD% LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
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forms. A discussion of QA/QC results and their implications on the test data will also be
presented. Both electronic and hardcopy versions of the report will be provided.
Task 8: Water Chemistry and monitoring
Water quality monitoring during construction will be required by the USACE and the RWQCB.
Beach nourishment'programs` require turbidity monitoring and a biological impact report. It is
unclear what additional parameters, will be required or what frequency of monitoring will be
needed. These details will,be determined during permitting. Past programs have required the
analysis of total suspended solids, dissolved oxygen, pH, and project specific chemical
contaminants of concern. The type "of sampling equipment and the scope of work will be
determined once the parameters are known. NewFields will work with the City to develop a
scope of work once the per{nit requirements have been determined.
Task 9: Permitting Support, Options /Alternatives Analysis
Based on the data collected during the soil/sediment evaluation, NewFields will prepare an
Options /Alternatives Analysis, reviewing the in -water and upland disposal options available to
the City.
NewFields and Thomas Johnson will provide permitting support, including meetings with the
City, USACE, RWQCB, Coastal Cormnission, and stakeholders to help define feasible disposal
options for soils and sediments. Permit applications for USACE, the RWQCB, and, if necessary,
Coastal Commission would be completed under this task. It may be that those agencies will use
the combined application developed by the LA CSTF.
Task 10: Technical Support for Agency Review
During previous investigations, -NewFields staff members have assisted clients in presenting the
results of sediment. investigations to USEPA, USACE, and other resource agencies. This is
particularly helpful for project with a, short timeline." At your request, we will facilitate a joint
meeting to report the results of this investigation and to work with USEPA in determining
disposal options for the proposed dredged material. It is difficult to determine the total cost for
this task, as it will depend largely on the data generated during the study. This task is typically
billed as time and materials bssed on rates of $130/hr for Mr. William Gardiner, $135/hr for Dr.
Thomas Johnson, and $160/hr for Dr. Jack Word.
NEWFIELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Estimated Costs
This section outlines the estimated costs, by task, as described in the sections above. It is highly
likely that only a few analytes will be required for tissue analysis, which would substantially
reduce the costs of Task 7. In addition, it is likely that one or more DMMUs will not require
bioaccumulation testing at all, further reducing project costs.
Summary of Proposed Cost Summary by Task
Taslc l!Iame ally Number
1. SAP preparation and Agency Approval
$6,500
2. Sediment Sampling and Sample Processing
$18,500 includes cost for Gregg
Drilling
3. Sediinent/Soil Chemical Analysis
$8,500
4. Biological Evaluation
$16,000
5. Bioaccumulation Testing
$12,500 for two composites and LA -3
$8,300 for one composite and LA -3
6. Tissue Chemistry
$22,100 maximum
7. Data Analysis and Reporting
$12,000
8. Water Quality /Monitoring
TBD
9. Permitting Support/Options Analysis/Agency
Coordination
$18,000
Estimate includes time and materials for permit
applications and coordination by Thomas Johnson.
10. As Needed Technical Support .
T &M (estimated $10,000)
The total cost f6r this program would be $114,100 with complete tissue chemistry. As
mentioned above, it is highly unlikely that the full suite of tissue chemistry will be required and
will depend on the soil and sediment chemistry results. A specific cost schedule by analyte is
presented in
NEWFIELDS, LLC.
PO Box 2i6,4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
• •
Estimated Analytical Costs for Tissue Chemistry on a per Sample Basis
Atrial. ,t .aa1 I?dratrt. tern
nit:: dst
It bioaccumulationtesting is required for. two 6brnposites and LA-3
Tissue Homogenization
30
340
Lipid
30
2,079
DDT (acid rinse run with
chlorinated pesticides)
30
2,010
CI -Pest
30
4,782
Total Metals
30
7,000
Bu (tins
30
`6,098
PAH
30
5,891
PCB
aroclors 4 ppb-detection limit
30
"6,237
$22,100
,.If bidaccumulation testing is;required ter tine. carrti +aslW
ar d LA -3
Tissue Homogenization
20
231
Lipid
20
1,386
DDT (acid rinse run with
chlorinated pesticides)
20
1,340
CI -Pest
20
3,188
Total Metals
20
5,660
But (tins
20
'4,065
PAH
20
3,927
PCB
aroclors, 4 ppb detection limit
20
*4,158
$15,730
*Total estimated cost does not include PAHs and PCBs.
NEwRELDS, LLC.
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040
Estimated Timeline
From the notice to,proceed (NTP) from the City, the SAP preparation will be completed within 3
weeks. This assumes that all necessary bathymetry and design specifications are in place. Once
the SAP is complete, it will be submitted to -the City for review and approval. Upon approval,
the SAP will be submitted to EPA and US Corps of Engineers for their review. Past SAP
reviews have required 4 to 6 weeks; however, this is dependent upon their staff availability.
Field sampling will occur within 3 weeks from receiving the NTP from the agencies. This
schedule is driven in part by the availability of sampling vessels and Gregg Drilling coring
teams.
Sample processing, chemical analysis, biological testing, and bioaccumulation testing will begin
immediately following the field sampling. All chemical analysis and biological testing should be
complete within 6 weeks of the completion of field sampling. Data will be reviewed for data
quality and then submitted to the agencies for review. NewFields will meet with the City and the
agencies to determine the appropriate tissue chemistry analysis based on the sediment chemistry
and bioassay data. This process typically requires 2 weeks, provided that the agency staff are
available for consultation. Once the tissue analyte list is determined, tissue chemistry will
require 4 weeks to complete.
The draft report will be submitted to the City four weeks after validation of the tissue chemistry
data. NewFields will provide a final report within 2 weeks of receiving comments from the City.
The draft report will be available 26 to 28 weeks after the NTP, provided that the review periods
by the agencies and the City are within the time periods provided above.
The timeline can be compressed somewhat by requiring faster turnaround times from the
analytical laboratories. This typically increases the analytical costs. Other portions of the
timeline may occur more quickly if the agency response times are faster than anticipated.
NEWF[ELm, LLC,
PO Box 216, 4729 NE View Drive, Port Gamble, Washington 98364
Tel: (360) 297 -6040