HomeMy WebLinkAboutC-4126 - PSA for Development of a Conceptual Design Plan for a Confined Aquatic Disposal Site in Newport Harborr ` C W(o
PROFESSIONAL SERVICES AGREEMENT WITH
ANCHOR ENVIRONMENTAL CA, L.P.
FOR DEVELOPMENT OF A CONCEPTUAL DESIGN PLAN FOR A CONFINED
AQUATIC DISPOSAL SITE IN NEWPORT HARBOR
THIS AGREEMENT is made and entered into as of this L day of �, 008,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"),
and ANCHOR ENVIRONMENTAL, CA, LP whose address is 28202 Cabot Road, Suite
425, Laguna Niguel, CA 92677 ( "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 cant' on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City plans to dredge the Lower Newport Bay in the near future after
environmental analysis is complete and funding is secured.
C. City anticipates portions of the Lower Bay to contain contaminated sediments
which will need to be evaluated for the most effective disposal techniques.
C. City desires to engage Consultant to develop a Conceptual Design Plan for a
Confined Aquatic Disposal Site in Newport Harbor ( "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 Mr. Steve
Cappellino and Mr. Joshua Burnam.
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 31'" day of December, 2009, unless terminated earlier as set forth
herein.
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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. 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
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed TWENTY FIVE THOUSAND DOLLARS and no /100 ($25,000.00)
without prior written authorization from City. No billing rate changes shall be
made during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs 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.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 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 MR. STEVE
CAPPELLINO to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
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.
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6. ADMINISTRATION
This Agreement will be administered by the HARBOR RESOURCES
DEPARTMENT. CHRIS MILLER, HARBOR RESOURCES MANAGER, 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
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
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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
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Consultant, 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 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.
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Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
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:
i. 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
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directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
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
parry 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.
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.
SUBCONTRACTING
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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
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.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted
version of Microsoft Word, Excel, or PDF format. Consultant shall provide all
project documents on a CD accompanied by one set of printed documents.
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
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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.
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
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 bome by Consultant. Nothing in this paragraph is
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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:
Attention: Chris Miller
City of Newport Beach, Harbor Resources
829 Harbor Island Drive
Newport Beach, CA, 92660
Phone: (949) 644 -3043
Fax: (949) 723 -0589
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Mr. Steve Cappellino
Anchor Environmental CA, L.P.
28202 Cabot Road, Suite 425
Laguna Niguel, CA 92677
Phone: (949) 347 -2780
Fax: (949) 347 -2781
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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 th6 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 i this Section, City shall pay Consultant for services
satisfactorily perforrined 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, coun }y 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 eitheri 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 anyjother term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever ibetween the parties hereto, and all preliminary negotiations
and agreements o i whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
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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, Asst City Attorney
for the City of Newport Beach
ATTEST:
By: D 4� '�' ►�
Leilani Brown,
City Clerk
CITY 9f NEWPO T BEACH,
A M4rf ipal �orjor tion
Eftard SelicW, Mayor
for the City of Newport Beach
CONSULTANT:
By: 4-L'
(Corpo e Officer)
Title:P,, 4 0-/
Print Name: �4v'e
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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Exhibit A
SCOPE OF SERVICES
Proposal to for Development of a Conceptual Design Plan for a
Confined Aquatic Disposal Site in Newport Harbor
Prepared for City of Newport Harbor Resources
Prepared by Anchor Environmental CA, L.P.
As a follow up to our previous conversations, we are honored to provide this brief proposal for
developing a conceptual design plan to assist the City with Harbor -wide sediment management issues.
Specifically, our proposal addresses the potential development of a confined aquatic disposal (CAD) cell
as a comprehensive solution to the Harbor -wide contaminated sediment problem that has plagued the
City for almost a decade. In addition to this evaluation, we will also evaluate alternate disposal locations
and methods that may be available to the City within the region through partnerships with the USACE or
other cities and counties. The following briefly describes our understanding of the current situation as
well as an overview of our proposed approach.
Through our extensive work in and around Newport Harbor (Corps Lower Newport Bay, Rhine Channel
Feasibility Study, Balboa Marina, Lido Anchorage, DeAnza Bayside Marina, Blurock Property, etc.), we
are intimately familiar with the contaminated sediment issues that the City is currently facing. Also,
because of our recent work on the Contaminated Sediments Task Force Long -Term Management
Strategy and Los Angeles Regional Dredged Materials Management Plan documents, we are very
familiar with the limited regional disposal options for contaminated sediments in southern California.
Because of our unique relationships in the region, we have been successful in negotiating similar
partnerships with other entities.
For example, we are currently in the process of constructing a large CAD site in Port Hueneme for use by
the Oxnard Harbor District, U.S. Navy and Army Corps of Engineers to accommodate more than 300,000
yards of contaminated sediment (see attached conceptual design plan). This project will combine
sediment disposal with a large beach nourishment component to provide, among other things,
recreational benefits to the local beaches through sand nourishment. We propose that the City consider a
similar approach for Newport Harbor, taking into consideration the City's needs for eelgrass habitat
mitigation, sensitive local resources and site conditions.
The first step in this process would be to develop a conceptual design document similar to the attached
example from Port Hueneme to identify the opportunities and constraints of such an approach for the
Harbor, as well as other, regional options for sediment disposal and/or reuse. As you remember, this
concept was originally proposed about three years ago as part of the Rhine Channel Feasibility Study,
and there are components of that original concept that can assist in developing a revised design plan.
Using the Port Hueneme project as a recently successful model (it was approved a few months ago by the
CCC for development and will begin construction in December); we propose to take the following steps
to develop a conceptual design plan for a Newport CAD site.
• Meet with the City officials to compile a map of all known information regarding contaminated
sediment volumes, locations, and depths.
• Meet with the Corps and other sources of contaminated sediments to review the concept and
evaluate suitability of individual data sets (e.g., measure uncertainty).
• Meet with Corps Navigation Branch managers to identify potential funding options for project
construction.
15
0
• Evaluate biological resources distribution in the Harbor as well as any physical constraints to
construction activities.
• Prepare conceptual level engineering drawings showing probable location(s) of CAD cell(s) and
mass balance of sediment volumes dredged vs filled.
• Prepare conceptual level cost estimate and potential cost- sharing opportunities.
• Evaluate potential permitting strategies.
• Prepare probable schedule for completion.
• Prepare written conceptual design plan for distribution and discussion with potentially
responsible parties, permitting agencies and concerned residents.
In addition to the above tasks, we will also consider other disposal options within the region by exploring
partnering relationships with other entities facing similar challenges. One such entity is the City of Long
Beach, where we are working to develop a CAD site within the inner harbor area for disposing of
contaminated sediments. It is possible that the City of Newport Beach could partner with them by
sharing development costs for their CAD facility in return for the opportunity to place sediments within
the site. Some of the specific tasks that we would target to achieve this objective include the following:
• Conduct a simple cost - benefit and risk analysis of creating a new CAD site within Newport
Harbor vs. assisting the City of Long Beach with their program.
• Explore early coordination opportunities with the City of Long Beach for joint CAD disposal.
• Explore coordination opportunities with the USACE as they relate to either a CAD site within
Newport Harbor or Long Beach.
• Explore coordination opportunities within either the Port of Los Angeles or Port of Long Beach
for use of one of their planned future fill sites.
• Explore private and public funding opportunities for sediment management within the region.
• Consider and compare relative costs and potential impacts associated with CAD disposal within
Newport Harbor compared to other regional disposal alternatives such as upland landfills.
We estimate that it would take approximately three months to complete the above steps at a cost of not
more than $25,000. This estimate assumes that no additional field data would be required or conducted
as part of the process and we would propose a time and materials contract with a not to exceed ceiling.
That way, if the work could be completed for less money, it would not be charged to the City.
We appreciate the opportunity to prepare this proposal and welcome additional discussion on this
process. We feel that our team is uniquely qualified to assist the City with this process given the
regulatory background of our staff, our key agency contacts, and more importantly, our recent local
experience developing this exact same process for an adjacent southern California harbor. We look
forward to future discussions with you and your staff.
Sincerely,
Anchor Environmental CA L.P.
Steve Cappellino
Partner, California Operations
16
0
Exhibit B
SCHEDULE OF BILLING RATES
tZ ANCHOR
ENVIAOMMENTAL CA. k4k
•
Anchor Environmental CA, L.P.
2008/2000 Billing Rates
Anchor Rmu=unerM CA LP.
28= Cabot Road, Su to 620
Lapm Niguel, CA 92677
Phone 806:985.2213
Fax 805.985.2222,
Labor-CAteeory
Personnel
Hourly' Bfiltag Rate
Principal
Steve Cappethm
$194
Sr. Project Manager
Josh Burriam
$179
sr. Project Manager
Walt Dimicala
$178'
Project Manager
Jack Malone.
$160
Project Manager
Michael Whelan
$160
Prujectmartager
Lonrus, Rae Cooke
$160
-Sr. EngineerMwmar
Tracy Stofferalm
$139
Staff.3 Engineer/Planner
Jentlifer Penis
$121
St. DatigrYCAD
DavidHolmar
$100
Sr. DQmgnICAD
Heidi Erickson
$100
Project
CQordmator
'Brittany Geisler
$79
Prqect
Coordinator
Lijuw Tzan
S79
EXPENSE MILLING RATES
Diving Semicft(per day) .............. ............................... ........ .................... .. .......... Project specific
CADMIS/Medeling (per how) ... . ...... I ..... . ............ ....; ,..................;....510.0.0
GrqwC Plas (Varies withplot Sim).... I__ ............ ..... —........................ ...........I................... $3-W,
PfiotocopiC8(per copy) ................. i ......... .................... ............................................ . ............... $0,10,
Faxes(W pop) .............. . ................ 1.1 ....... ......... _ ........... .......... I ..................... I .... m1w, .... I ... $1.00
M11ORM(per mile)._ ........ ................... . .... . ................................ ... CuaernFedualStandard
FEE ON LABOR AND EXPENSE CHAR=
SubcoraradEftbConmilterits ................... 4 ........... .................... . .... . ........ ............................... 100/9
Travel mid cd= direct caste.._ ............ ............ _ ................... ...... ............................... 100A.
FieKequtiprnent o4 supplies ... . ................................. ............. .. ....... ....
17
CITY OF NEWPORT BEACJ �DV 12 2008
CITY COUNCIL STAFF REPOR ■,.,
Agenda Item No. sib
November 12, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager, (949) 644 -3002
dkiffo_city.newport- beach.ca.us
Chris Miller, Harbor Resources Manager, (949) 644 -3043
cmiller@citv.newoort- beach.ca. us
SUBJECT: Professional Services Agreement for the Preparation of a Conceptual
Design Plan for a Confined Aquatic Disposal Site in Newport Harbor
ISSUE:
Should the City contract with Anchor Environmental to conduct a conceptual design
plan for a Confined Aquatic Disposal site or other disposal options for contaminated
sediments in Newport Harbor?
RECOMMENDATION:
I.. Authorize the City Manager and City Attorney to write and approve a standard
agreement with Anchor Environmental to investigate the disposal options for
contaminated sediments in Newport Harbor, and;
2. Adopt Budget Amendment #BA -_ taking $25,000 in unappropriated General
Fund reserves and assign these funds to Capital Improvement Project #7014 -
C4402001 (Newport Harbor Dredging Project).
DISCUSSION:
In an effort to dredge the Lower Bay, the City is currently performing comprehensive
sediment analyses of the entire harbor. These tests are critical because they will help
determine the disposal locations of the sediment - whether at the federally approved
disposal site 4.5 miles off shore (LA -3) or other more costly aquatic or land side
disposal options.
Because it is likely that at least some of the sediment will be prohibited from LA -3
disposal, the City is exploring the viability of alternate disposal options for this
contaminated material. One such option, a Confined Aquatic Disposal (CAD) site, is a
possible solution. With a CAD site, a large pit is created in the harbor into which the
•A for CAD Conceptual Design Plan
November 12, 2008
Page 2
material is placed. Then, a layer of clean sand is laid over the contaminated material
therefore forming a permanent cap that will forever be sealed. This type of solution has
been tested and approved by the regulatory agencies in other harbors, so it may be an
alternative to consider for Newport's needs. The City believes that most of the
contaminated material in the harbor is located in the Anchorage Area near the eastern
tip of Lido Isle and in the Newport Channel between Via Lido Soud and the Balboa
Peninsula. (See Exhibit 1 — purple and blue shaded areas.)
Anchor Environmental is proposing to develop a conceptual design for CAD disposal for
the sediments in Newport Harbor. Some options that will be explored are the possibility
of building a CAD site in Newport Harbor, or conversely, investigating the use of an
existing CAD she in Long Beach or other locations. This proposal is based on Anchor's
expertise in successfully negotiating agency approval for a CAD site in Port Hueneme to
accommodate more than 300,000 cubic yards of material. The City also feels that
Anchor's experience with similar CAD projects, as well as their in -depth knowledge of
Newport Harbor via several key projects in the area (US Army Corps of Engineers
Lower Newport Bay, Rhine Channel Feasibility Study, Balboa Marina, Lido Anchorage,
DeAnza Bayside Marina, Blurock Property, and more) provides an ideal partnership to
provide this conceptual design project.
Environmental Review: The approval of the Professional Services Agreement and the
proposal to develop a conceptual design plan for a CAD site are not projects subject to
CEQA and do not require environmental review. CEQA review will be done on the
actual dredging project.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours
in advance of the public meetings at which the City Council considers the item).
Fiscal Impact: The extent of the technical problems with potential sediment
contamination was not anticipated at the time we presented the FY 2008 -09 budget and
Capital Improvement Program (CIP). An additional $25,000 is required from the
unappropriated General Fund reserve to account CIP #7014- C4402001.
Prepared by: Submitted by:
btu 64 Gam+-, Iv.,Nt,,.,,
Chris Miller, Harbor Resources Manager
Dave 'ff, Assistant City Manager
Attachments: Exhibit 1: Sediment Management Map
Exhibit 2: Anchor Environmental Proposal
Budget Amendment #BA-
4A for CAD Conceptual Design Plan
November 12. 2008
Page 3
Exhibit 1
Sediment Management Map
3
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'T
Newport Harbor Dredging Areas
^aseaD n RGP.Sa passe or-ng re.Ce[y DN i rer.v amem tabC
�w n pea Iw acem Dimes+' meY nW✓a is Daecartnubem Ne6n9
- Peae] b naCY u %154. W Hp mwreeeora n v.Rec< sadmen:.m
3! f MtlY b Ure"ere aTen Cime9Y apiw QBreney ahCV�S' vetirb sr]
nwu:pnr etlens NaY De atleanr:sge wp >�3e Nwn'��. z',ar
.nSenYmC f W
Pewee m Rap -rt. Der mwJeeY empnppC mwlsny m Fe]eel �rar ^e.
ssdaa �aerYb De eaareaaDw ampr.pae AM wawa �«pne
noswvrwem MMy n smpfmcc sas pssss
- Pesxe w RGR -Se. lW� W S1, 1C 7 W trry m -coax O�errM ampee Hey
Deem esseansnipnpoe aWCy wilE ware •syra weaccumueeon
bet ^A C enpnrpop tpf Peeee
n r.s.eYa Lrp VqM roe nw cnwx ,.".a De 2W red
4RA for CAD Conceptual Design Flan
November 72, 2008
Page 4
Exhibit 2
Anchor Environmental Proposal
November 7, 2008
Mr. Chris Miller
Manager, Harbor Resources
City of Newport Beach
Harbor Resources Division
829 Harbor Island Drive
Newport beach, CA 92660
RE: PROPOSAL TO CONDUCT A CONCEPTUAL DESIGN PLAN FOR A
CONFINED AQUATIC DISPOSAL SITE IN NEWPORT HARBOR
Dear Chris:
As a follow up to our previous conversations, we are honored to provide this brief proposal for
developing a conceptual design plan to assist the City with Harbor -wide sediment management
issues. Specifically, our proposal addresses the potential development of a confined aquatic
disposal (CAD) cell as a comprehensive solution to the Harbor -wide contaminated sediment
problem that has plagued the City for almost a decade. In addition to this evaluation, we will
also evaluate alternate disposal locations and methods that may be available to the City within
the region through partnerships with the USACE or other cities and counties. The following
briefly describes our understanding of the current situation as well as an overview of our
proposed approach.
Through our extensive work in and around Newport Harbor (Corps Lower Newport Bay, Rhine
Channel Feasibility Study, Balboa Marina, Lido Anchorage, DeAnza Bayside Marina, Blurock
Property, etc.), we are intimately familiar with the contaminated sediment issues that the City is
currently facing. Also, because of our recent work on the Contaminated Sediments Task Force
Long -Term Management Strategy and Los Angeles Regional Dredged Materials Management
Plan documents, we are very familiar with the limited regional disposal options for contaminated
sediments in southern California. Because of our unique relationships in the region, we have
been successful in negotiating similar partnerships with other entities.
For example, we are curremly in the process of constructing a large CAD site in Port Hueneme
for use by the Oxnard Harbor District, U.S. Navy and Army Corps of Engineers to accommodate
more than 300,000 yards of contaminated sediment (see attached conceptual design plan). This
project will combine sediment disposal with a large beach nourishment component to provide,
among other things, recreational benefits to the local beaches through sand nourishment. We
• PSA for CAD Conceptual Design Plan
November 12, 2008
Page 5
propose that the City consider a similar approach for Newport Harbor, taking into consideration
the City's needs for eelgrass habitat mitigation, sensitive local resources and site conditions.
The first step in this process would be to develop a conceptual design document similar to the
attached example from Port Hueneme to identify the opportunities and constraints of such an
approach for the Harbor, as well as other, regional options for sediment disposal and/or reuse.
As you remember, this concept was originally proposed about three years ago as part of the
Rhine Channel Feasibility Study, and there are components of that original concept that can
assist in developing a revised design plan. Using the Port Hueneme project as a recently
successful model (it was approved a few months ago by the CCC for development and will begin
construction in December); we propose to take the following steps to develop a conceptual
design plan for a Newport CAD site.
• Meet with the City officials to compile a map of all known information regarding
contaminated sediment volumes, locations, and depths.
• Meet with the Corps and other sources of contaminated sediments to review the concept
and evaluate suitability of individual data sets (e.g., measure uncertainty).
• Meet with Cotes Navigation Branch managers to identify potential funding options for
project construction.
• Evaluate biological resources distribution in the Harbor as well as any physical
constraints to construction activities.
• Prepare conceptual level engineering drawings showing probable location(s) of CAD
cell(s) and mass balance of sediment volumes dredged vs. filled,
• Prepare conceptual level cost estimate and potential cost- sharing opportunities.
• Evaluate potential permitting strategies.
• Prepare probable schedule for completion.
• Prepare written conceptual design plan for distribution and discussion with potentially
responsible parties, permitting agencies and concerned residents.
In addition to the above tasks, we will also consider other disposal options within the region by
exploring partnering relationships with other entities facing similar challenges. One such entity
is the City of Long Beach, where we are working to develop a CAD site within the inner harbor
area for disposing of contaminated sediments. It is possible that the City of Newport Beach
could partner with them by sharing development costs for their CAD facility in return for the
opportunity to place sediments within the site. Some of the specific tasks that we would target to
achieve this objective include the following:
• Conduct a simple cost - benefit and risk analysis of creating a new CAD site within
Newport Harbor vs. assisting the City of Long Beach with their program.
• Explore early coordination opportunities with the City of Long Beach for joint CAD
disposal.
• Explore coordination opportunities with the USACE as they relate to either a CAD site
within Newport Harbor or Long Beach.
• Explore coordination opportunities within either the Port of Los Angeles or Port of Long
Beach for use of one of their planned future fill sites.
• Explore private and public funding opportunities for sediment management within the
region.
*for CAD Conceptual Design Plan
November 12, 2008
Page 6
Consider and compare relative costs and potential impacts associated with CAD disposal
within Newport Harbor compared to other regional disposal alternatives such as upland
landfills.
We estimate that it would take approximately three months to complete the above steps at a cost
of not more than $25,000. This estimate assumes that no additional field data would be required
or conducted as part of the process and we would propose a time and materials contract with a
not to exceed ceiling. That way, if the work could be completed for less money, it would not be
charged to the City.
We appreciate the opportunity to prepare this proposal and welcome additional discussion on this
process. We feel that our team is uniquely qualified to assist the City with this process given the
regulatory background of our staff, our key agency contacts, and more importantly, our recent
local experience developing this exact same process for an adjacent southern California harbor.
We look forward to future discussions with you and your staff.
Sincerely,
Anchor Environmental CA L.P.
<� Q�-'
Steve Cappellino
Partner, California Operations