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Home My WebLink AboutC-5118 - PSA for Water Quality and Field Management Services for the Lower Newport Bay DredgingAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ^y� WITH ANCHOR QEA FOR WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER °�- NEWPORT BAY DREDGING THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ! ("Agreement') is made and entered into as of this 2e day of May, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter City ( "City "), and Anchor QEA, a California corporation (`Consultant "), whose address is 26300 La Alameda, Suite 240, Mission Viejo, CA 92691, and is made with reference to the following: RECITALS A. On May 8, 2013, City and Consultant entered into a Professional Services Agreement (`Agreement ") for water quality and field management services for the Lower Newport Bay dredging project (`Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on May 8, 2012, and shall terminate on June 30, 2015 unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated May 9, 2013, attached hereto and incorporated herein by reference (`Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, the Schedule of Billing Rates attached to the Agreement as Exhibit B and the Proposal attached hereto as Exhibit B -1 and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Forty Five Thousand Two Hundred Fifteen Dollars and 00/100 ($545,215.00) 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. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: S 7,0 / 13 Aaron C. Harp City Attorney ATTEST: Date: �• �✓®. %J? CITY OF NEWPORT BEACH, A California municipal corporation Date: 7/"// 3 By: a�G� Keith D. Curry Mayor CONSULTANT: Anchor QEA, a California limited panerphip Date: 9 i i 4, By: By: Leilani I. Brown Ste e appellino City Clerk a�WPofi Senior Partner v � s [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services dated May 9, 2013 Exhibit B-1 — Proposal Anchor QEA Page 2 EXHIBIT A SCOPE OF SERVICES DATED MAY 9, 2013 Anchor QEA Page A -1 kzANCHOR QEA 26300 La Alameda, Suite 240 Mission Viejo, California 92691 Phone 949,347,2780 Fax 949.334.9646 May 9, 2013 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Re: Revised Scope of Work for Phase II Lower Newport Bay Dredging Support Dear Mr. Miller: Anchor QEA, L.P., is pleased to have supported the City of Newport Beach (City) with water quality and permit compliance services related to the Lower Newport Bay Federal Dredging Program, Phase I dredging activities have been completed and the contractor (RE Staite) recently completed Phase II operations, which included additional dredging within multiple areas throughout Lower Newport Bay (LNB). As with the Phase I program, Phase II of the LNB dredging effort was a federally sponsored program to restore navigation depths to the federal channels throughout the Bay. Because of a budget shortfall with federal funding for the project, the City was forced to intervene and contribute funds to the program. This included assisting in the negotiation and execution of a Santa A.na Regional Water Board water quality and sediment monitoring program to monitor for adverse impacts associated with the dredging effort. In addition to assisting the City in the development and implementation of a water quality monitoring program for the federal areas, Anchor QEA also assisted with permitting and design activities for dredging the backside of Linda Isle, which lies on joint City and County of Orange (County) tidelands. Although permitted separately, construction of this project was included as part of the Phase II federal dredging project. Mr. Chris Miller May 9, 2413 Page 2 To continue supporting the dredging program for LNB, two additional tasks were required, as outlined below: • Task 1 —Phase II Water Quality and Sediment Sampling • Task 2 — Linda Isle City /County Permit Support (Task 2 costs and project details are described under separate cover) This Scope of Work details work elements for Task 1 only. A separate letter has been submitted to cover Task 2 changes. Task 1: Phase 11 Water Quality and Sediment Sampling During the end of the Phase I operations, Anchor QEA assisted the City in negotiating a revised Monitoring and Reporting Plan (MRP) to cover Phase II dredging operations. The revised MRP for LNB is attached, which details the specific requirements of the program. Work elements for Phase Il were modified from those required for Phase L Water quality monitoring and chemical analyses were required in three dredge areas; water quality was conducted once per week during dredging and water samples were collected for chemical analyses once in each of the three dredge areas. In addition, confirmational sediment sampling was required at two of the dredge areas where contaminated sediments occurred at depths below the planned dredge prism. At the conclusion of the program, a detailed summary report is required to comply with the Santa Ana Regional Water Board permit. The original budget estimated for this task was $62,374 and was based on the following key assumptions: RE Staite would continue dredging, as in Phase 1, utilizing two dredges operating. simultaneously. • Each dredge area would be completed before moving to a new area. This is important because the Water Board monitoring plan dictated the frequency of monitoring based on the number of starts and stops for each dredge area on a weekly basis. • Based on the rate at which sediment was removed for Phase T (with two dredges), the total number of field days to meet the requirements of the monitoring program during dredging was calculated to be 15 days. • No post - dredge sediment toxicity would be required. Mr. Chris Miller May 9, 2013 Page 3 These assumptions were largely not met during construction for the following reasons: • RE Staite moved their Iarger capacity dredge out of LNB for use on a different project about half way through the program. Instead, they used two smaller dredges for part of Phase II dredging and then relied on just one dredge for the remainder of Phase II dredging. This resulted in a slower dredge rate than was originally anticipated, and consequently the slower operation resulted in additional field days. • In the City /County dredge area, dredging was performed intermittently to coincide with the tides and for very limited hours each day. Prior to completion of this area, the dredge was moved out of this area and into a different dredge area for a few weeks. This resulted in additional field days, because monitoring was required each time a different area was dredged. o The actual number of field days to comply with the permit was 24 days (nine additional days). • There was frequent communication problems with the dredge contractor regarding planned activities that resulted in numerous field events that resulted in no samples collected because the dredge was operating in an area different than what was communicated previously. The permit required toxicity testing of post- dredge sediments in two dredge areas, which increased the analytical cost of the project significantly. Based on the above deviations from the original assumptions, the estimated cost to complete this task is approximately $142,000. Of this amount, approximately $134,000 has been expended and approximately $8,000 remains for completion of the project closure reports to the various regulatory agencies and final lab fees. The attached detailed cost sheet presents the labor and direct cost assumptions estimated to complete the required field and reporting effort. Monitoring and reporting for the federal and City /County dredge areas are both included in this task. SUMMARY OF COSTS The following table summarizes the costs for the above tasks. A detailed cost breakdown is attached to this scope of work to provide supporting information and assumptions Mr. Chris Miller May 9, 2013 Page 4 (Attachment A). The attached table includes costs for both Tasks I and 2 for reference only. The current Scope of Work is for flask 1. These costs represent not -to- exceed time and materials estimates. Table 1 Summary Budget Estimate by Task Item Estimate Level of Effort Task 1. Phase II Water Quality and Sediment Sampling $142,198 Task 2. Linda Isle Permit Support* - Total $142,198 * Task 2 costs and project details are described under separate cover. We appreciate the opportunity to continue supporting the City with the LNB Federal Dredging Program. If there are any questions about this scope of work, please do not hesitate to contact us at (449) 347 -2780. Sincerely, , - Q"� Steve Cappellino Anchor QEA, L.P. 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F-2 m UI-4'i G] m 0 _ �U6LL 1- dm'4�u.z kZANCHOR OJEA TRANSMITTAL 27201 Puerta Real, Suite 350 Mission Viejo, California 92691 Phone 949.347.2780 www.anchorgea.com To: Lucie Delorme From: Steve Cappellino Post Office Box 1768 Newport Beach, California 92658 Date: July 24, 2013 Re: Water Quality and Field Management Services for the Lower Newport Bay Dredging Project Number Description 2 Originals of Amendment No.I Comments: Per your request, please find enclosed the 2 signed Originals of Amendment No. 1. Also, please note we have moved offices. Our new address can be found above, Thank you? Agenda Item No. 7 July 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 - 3311, dawebb @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager 949 - 644 - 3043, cmiller @newportbeachca.gov APPROVED: TITLE: Amendment No. 1 with Anchor QEA, L.P., for Consultant Services to Provide Necessary Water Quality and Field Management Services for the Lower Bay Dredging Project ABSTRACT: As Anchor QEA, L.P. ( "Anchor QEA") was already under contract to provide the necessary water quality monitoring and sediment sampling for Phase I of the Lower Harbor Dredging, Anchor QEA was requested and provided necessary services for water quality monitoring and sediment sampling for Phase II of the Lower Bay Dredging Project. The attached Amendment No. 1 memorializes the extra services provided by Anchor QEA for the Phase II Project. RECOMMENDATION: Approve and execute Amendment No. 1 with Anchor QEA for required water quality and field management services for Phase II of the Lower Bay Dredging Project. FUNDING REQUIREMENTS: Anchor QEA has performed the requested additional services for a not -to- exceed cost of $142,198.00. Funds are available in the Capital Improvement Projects budget, account No. 7241- C4402003. DISCUSSION: Anchor QEA assisted the City with necessary water quality and permit compliance services for Phase I of the Project. Midway through Phase I, the City decided to dredge additional areas as Phase II of the Project to take advantage of the Army Corps of Engineers presence in the harbor with their dredge equipment. Because of the federal government's budget shortfall in funding the Project, the City was forced to intervene and contribute funds for the water quality and sediment sampling efforts. This included 1 of 12 Amendment No. 1 with Anchor QEA, L.P., for Consultant Services to Provide Necessary Water Quality and Field Management Services for the Lower Bay Dredging Project July 09, 2013 Page 2 assisting in the negotiation and execution of a Santa Ana Regional Water Board "Monitoring and Report Plan" for Phase II to monitor for adverse impacts associated with dredging. As the Project was in full construction mode at the time, City staff requested and Anchor QEA agreed to provide the same level of necessary monitoring and sampling services at the same billing rates for Phase II as they have contracted for under Phase I. Anchor QEA's efforts also included water quality monitoring and chemical analysis, as well as conformational sediment analysis at the end of the Project. The attached Amendment No. 1 memorializes the additional work provided by Anchor QEA on the Project to keep it on schedule and on budget. Scope of Services Task 1: Phase II — Necessary Water Quality and Sediment Sampling. (Please see the attached Scope of Services for a detailed description of the Work). ENVIRONMENTAL REVIEW: This federal project has been evaluated by the Army Corps of Engineers, South Pacific Division, Los Angeles District under the National Environmental Policy Act as an Environmental Assessment which concluded that the project will not have a significant adverse impact upon the existing environment or the quality of the human environment. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers this item). Submitted by: David A. We b Public Works Director Attachments: A. Vicinity Map of Lower Bay Dredging Project B. Amendment No. 1 2of12 ') `'° �.°' a 1. u -. Y �{G �S'� l\� «y° \'eF— }•�ra'�'±'.. iJ A - z 7 Y { 3 ;} X0413 0411 - 4-17 0-1 -10 s4-8 SOl1BCE: Aeria�hom Birg man. LOdineslmm Glv of Newport Beam. LEGEND: NOBQOMALMTNM: GlNpmu 6tite plane, Zane 6, NAM. WE ALOANM: mean 1pw<r bwwattr(MLLM Oeo Sampling lmna r5 Area la Area Aa Area lb Area ab d Area 2 Area 5 o1e m o— Area 3 ATTACHMENT A 3of12 ATTACHMENT B AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA FOR WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER NEWPORT BAY DREDGING THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 29th day of May, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter City ( "City "), and Anchor QEA, a California corporation ( "Consultant "), whose address is 26300 La Alameda, Suite 240, Mission Viejo, CA 92691, and is made with reference to the following: IA*411 r_1m A. On May 8, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for water quality and field management services for the Lower Newport Bay dredging project ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on May 8, 2012, and shall terminate on June 30, 2015 unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated May 9, 2013, attached hereto and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section, the Schedule of Billing Rates attached to the Agreement as Exhibit B and the Proposal attached hereto as Exhibit B -1 and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Forty Five Thousand Two 4of12 Hundred Fifteen Dollars and 00/100 ($545,215.00) 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. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be In full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: zo / 13 i� Aaron C. Harp City Attorney F-111 a 1 *1111 lI ( �o r CITY OF NEWPORT BEACH, A California municipal corporation By: Keith D. Curry Mayor CONSULTANT: Anchor QEA, a California limited partnership BY: Leilani I. Brown Steve Cappellino City Clerk Senior Partner [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services dated May 9, 2013 Exhibit B -1 - Proposal Anchor QEA Page 2 5of12 EXHIBIT A SCOPE OF SERVICES DATED MAY 9, 2013 Anchor QEA Page A -1 6 or 12 ANCHOR QEA 26300 La Alameda, Suite 240 Mission Viejo, California 92691 Phone 949.347:2780 fax 949.334.9646 May 9, 2013 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Re: Revised Scope of Work for Phase II Lower Newport Bay Dredging Support Dear Mr, Miller: Anchor QEA, L.P., is pleased to have supported the City of Newport Beach (City) with water quality and permit compliance services related to the Lower Newport Bay Federal Dredging Program, Phase I dredging activities have been completed and the contractor (RE Stnite) recently completed Phase II operations, which included additional dredging within multiple areas throughout Lower Newport Bay (LNB). As with the Phase I program, Phase 11 of the LNB dredging effort was a federally sponsored program to restore navigation depths to the federal channels throughout the Bay. Because of a budget shortfall with federal funding for the project, the City was forced to intervene and contribute funds to the program: This included assisting in the negotiation and execution'of a Santa Ana Regional Water Board water quality and-sediment monitoring program to monitor for adverse impacts associated with the dredging effort. In addition to assisting the City in the development and implementation of a water quality monitoring program for the federal areas, Anchor-QEA also assisted with permitting and design: activities for dredging the backside of Linda Isle, which lies on joint City and County of Orange (County) tidelands. Although permitted separately, construction of this project was included as part of die Phase Ii federal dredging project. 7of12 Mr. Chris Miller May 9.2013 To continue supporting the dredging program for LNB, two additional tasks were required, as outlined below: • Task 1 — Phase 11 Water Quality and Sediment Sampling • Task 2 — Linda Isle City /County Permit Support (Task 2 costs and project details are described under separate cover) This Scope of Work details work elements for Task 1 only. A separate letter has been submitted to cover Task 2 changes. Task 1: Phase II Water Quality and Sediment Sampling During the end of the Phase I operations, Anchor QEA assisted the City in negotiating a revised Monitoring and Reporting Plan (MRP) to cover Phase II dredging operations. The revised MRP for LNB is attached, which details the specific requirements of the'program. Work elements for Phase II were'modi£ied .fr. orii those required for Phase I. Water quality monitoring and chemical analyses were required in three dredge areas; water quality was conducted once per week during dredging and water samples were collected fox chemical analyses once in each of the three dredge areas. In addition, confirmational sediment sampling was required at two of the dredge areas where corrtantinated sediments occurred at depths below the planned dredge prism. At the conclusion of the program, a detailed summary report is required to comply with the Santa Ana Regional Water Board permit. The original budget estimated for this task was $62,374 and was based on the following Ivey assumptions: RE Staite would continue dredging, as in Phase I, utilising tcvo dredges operating. simultaneously. o Each dredge area would be completed before moving to a new area. This is important because the Water Board monitoring plan dictated the frequency of monitoring based on the number of starts and stops for each dredge area on a weekly basis. • Based on the rate 6t which sediment was removed for Phase I (with two dredges), the total number of field days to meet the requirements of the monitoring program. during dredging was calculated to be 15 days. • No post- dredge sediment toxicity woti.kl be required. 8of12 Mr. Chrls 14iller May 9, 2013 Page 3 These assumptions were largely not met during constriction for the following reasons: • RE Staite moved their larger capacity dredge out of INB for use on a different project about half way through the program. Instead., they used two smaller dredges for part of Phase If dredging and then relied on just one dredge for the remainder of Phase II dredging. This resulted in a slower dredge rate than was originally anticipated, and consequently the slower operation resulted inadditional field.days. • In the City /County dredge area, dredging was performed intermittently to coincide' with the tides and for very limited hours each day. Prior to completion of this area, the dredge was moved out of this area and into a different dredge area for a few weeks. This resulted in additional field days, because mo;uitoring was required each time a different area was dredged, • The actual-number of field days. to comply with the permit was 24 clays (nice additional days), a There was frequent communication problems with the dredge contractor regarding planned activities that resulted in numerous field events that resulted in no samples collected because the dredge was operating in an area different than what was communicated previously.' a The permit required toxicity testing of post- dredge sediments in two dredge areas, which increased the analytical cost of the project significantly. ' Basel( on the above deviations from the original assumptions, the estimated cost to complete this task is approximately $142,000. Of this amount, approximately $134,000 has been expended and approximately $8,000 remains for completion of the project closure reports to the various regulatory agencies and final .lab fees. The attached detailed cost sheet presents the labor and direct cost assumptions estimated to complete the required field and reporting effort. Monitoring and reporting for the federal and City /County dredge areas are both included in this task. SUMMARY OF COSTS The following table summarizes the costs for the.above tasks. A detailed cost breakdown is attached to this scope of work to provide supporting information and assumptions 9of12 Mr. Chris Miller May 9, 2013 Page 1 (Attachment A). The attached table includes costs for both Tusks 1 and 2 for reference only. The current Scope of Worlc is for Taslc 1.. These costs represen.tnot.-to- exceed time and materials estimates. Table 1 Summary Budget Estimate by Task Item Estimate Level of Effort Task 1, Phase II Water Quality and Sediment Sampling $142,198 ` Task 2. Linda Isle Permit Suppori* .Total $142,198 " Task 2 costs-and protect details are described. under separate cover. We appreciate the opportunity to continue supporting the City with the LNB Federal Dredging Program. If there are any questions about this scope of work, please do not hesitate to contact us at (949) 347 -2760. Sincerely, Steve Cappellino Anchor QEA, L.P. 10 of 12 EXHIBIT B -1 PROPOSAL Anchor QEA Page B -1 11 of 12 ANCHOR O'A, LC. 2013 PROJECT COST ESTIMATING FORM 'PMPDWVPMi -c,. Name: City or Newpar. Bead, 04rz(13 I! NB Pivse it and Citp!CoLSy Task t -°hass 0w- ar OwW.d sedunam SeO --9 TasY.2 -! ilea Isle �sJJCv1s11 Prmi Svppert Copy ofAIlES CM �'OCt EsSmae? -tsl: Taal ter.) Nambc.- Prepated: CappeEno 12 of 12 3mn9 — — — — — . — — — Total TOL?I Lahor Cat odes Rate Task, Tsk2 Haurs ➢altars Pri[tcpal CL'JEnarPJVPL Sci S 219 42 6 0 0 0 0 0 0 a 0 48 s 10 ,612 Sr V.=amn A, -4,al l -n, W' PleNs6 $. 199 24 8 0 0 0 0 a ) 0 0 0 32 5 6.368 mia iirc Anaks['GY,F^gf^ -F: rfarG.^_' s 180 0 ( 24 0 0 0 0 0 [ 0 0 0 2A 3 4,320 Seniac 0. -zIyr: I'}4JOL.LFaetSd s 150 24 47 0 0 0 0 9 0 9 0' 71 5 11,360 Stz, _�cAvP- Y,L=c'Sci S 145 120 ]!f 0 0 0 0 0 0 -0 192 5 22,710 StsT 2 A� vWCI.NEngHLYFla'S s 120 520 I 0 0 0 0 0 0 0 0 0 520 5 67,200 Sff : Atr_;ystlCFNEr.91P,F.PIaNSd S i i0 0 0 0 0 0 0 0 0 0 0 0 5 - Se,de CAO➢eslyner s 115 0 0 0 0 0 0 0 0 0 0 0 $ - CA ueslena S Se 23 0 0 0 0 0 0 0 0 a 20 s ? , (y.dmml) �chriain aaamr 2 1$ S2 0 � - \aSa =[ E[cetl Cvu-YL� t 0 0 0 0. 0 0 - 0 0 0 0 S t 0 0- U 0 0 0 0 0 9� 1 Totel�Labar 5 111,980,5 26.055 S - s - 3 - s - s -�s - s - - s 1se,03e !!!! A r Rare 3 140 Nt:lpse L.d3rce1 s 14.= S - S - s - s -. 3 _ 5 - s - s - s 5 15.000 �Chemfml Ldlt Toiis^j TSd g {1Ja�.11us) $ <.000 5 - s - s - 5 - s - 5 Y - s - ? _I s 4.090 GN.00. =.nEa�xNSwrey -:g- 5 - s - s - s - s - 5 - .- s - S - s - S .- IS - '+p'aq".��1Slivers S. - s 13.000 s - 5 - s - s - s - s - s S - s t;em 5 - $ - s - s - s - S - $ - $ - s - s - s - Is - 5 - 5 - s - 5 - s - s - s -Is Total Cost , $ 19,000 5 13,000 5 - $ - s - s' - 5 - $ -is, tmrkup an suSmn:W[srRS SJM - 95 0 s 6se 3 s - $ _,I S ,- I Si•.600 Reimbursable^, CAWCe nput.r [Jhr) smoc 5 - s - S - s - s - S - 5 - s - s - s - - Il MSeaOe (Venue) 1 511.500 s - S s - s - s - 3 - s - s - $ - 5 - Cc- ies (S2epy) 50.10 3 - s - S - 5 - s - s - 5 - s - S - s - Anchor 1,=(S ay) 4300 s 4,650 5 - $ -'$ - $ - 3 - $ - 5 - S s - 5 <650 Faxes (SFss) $160 s - s - 5 - 5 - s - 3 - s - - 5 - 5 - s - Ou, da EVensee s - 5 - 5 luck Renal - S Zane 3 - S - s - S - s - 3 - s - s - s - I s 2,000 P.epmJAldNaq 3 - s - $ - s - s - $ - 5 - 5 - s - s - [daVFadesJCmsier s 1,500 S - S - $ - 3 - s - 3 - s - s - s $ 1,500 CSrtce,Ea51 srP Rental 4 - $ - 5 - 3 - s - 3 - 3 - 3 - s s - Fiur� Sa linq EgafP.—t s 1.350 $ - , s 5 - S - 3 - $ 3 - 5 - 5 :,250 kticYG:�o3 i s 5661 3 - s - s - $ - $ - s - S - S 3 ma [czy T. mCOZy 10.0�I3 X0256 6farbrPmomiaa SAs.'v Is - $ - s - 5 - s - s - 3 - 5 -IS -I Is SuPuree S S nfiNtl�supP�P= rius�l 56% S - s - s - s -Is TOTAL COSTS S 142,198 5 39,706 S - S - 5 - s 7s - I S - 5 - S - S 181,su 12 of 12 PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER NEWPORT BAY DREDGING THIS AGREEMENT FPR PROFE S ONAL SERVICES ( "Agreement') is made and entered into as of this __�L day of , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Cg poration ( "City "), and, ANCHOR QEA, L.P., a California Limited Partnership ( "Consultant'), whose address is 26300 La Alameda, Suite 420, Mission Viejo, California 92691 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 plans to assist the Army Corps of Engineering with the Lower Newport Bay Federal Dredging Program by performing water quality monitoring for the project. C. City desires to engage Consultant to assist with Water Quality and Field Management Services for the Lower Newport Bay Dredging ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Cappellino. 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 June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and 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. 3.1.1 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. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Three Thousand, Seventeen Dollars and no /100 ($403,017.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 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: 4.3.1 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. ANCHOR QEA, L.P. Page 2 4.3.2 Approved reproduction charges. 4.3.3 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 B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated 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. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Chris Miller, Harbor Resources Manager or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 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. ANCHOR QEA, L.P. Page 3 7.1.3 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 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 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 ANCHOR QEA, L.P. Page 4 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. 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 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. ANCHOR QEA, L.P. Page 5 14.2.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 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, blanket contractual liability. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. ANCHOR QEA, L.P. Page 6 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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. ANCHOR QEA, L.P. Page 7 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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. 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. 21. 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. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 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. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by ANCHOR QEA, L.P. Page 9 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. 26. NOTICES 26.1 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: Chris Miller Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3043 Fax: (949) 723 -0589 ANCHOR QEA, L.P. Page 10 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steve Cappellino ANCHOR QEA, L.P. 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 Phone: (949) 347 -2780 Fax: (949) 334 -9646 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole 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. STANDARD PROVISIONS 29.1 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. 29.2 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 ANCHOR QEA, L.P. Page 11 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] ANCHOR QEA, L.P. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z 1 v By: Aaron C. Harp City Attorney ATTEST: / Date: B6B: L i an' . r rt City Clerk Pa�� o� c9trFU��P CITY OF NEWPORT BEACH, A California murippal corporation Date: / // 67/1- By: /(1 By: Nancy Gard Mayor CONSULTANT: ANCHOR QEA, L.P., a California i ited Partnership Date: .� /� Z By: Steve Cafppellino Senior Partner [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates ANCHOR QEA, L.P. Page 13 Mr. Chris Miller April 3, 2012 Ir_VI:NI • Task 1: Water Quality Monitoring Plan Negotiations • Task 2: Water Quality and Sediment Sampling • Task 3: Lower Newport Bay Bathymetry Survey • Task 4: Marina Park/Lido Isle North Sampling and Analysis Task 1: Water Quality Monitoring Plan Negotiations The U.S. Army Corps of Engineers (USACE) is responsible for dredging Lower Newport Beach and, therefore, also for monitoring water quality during dredging operations. The RWQCB Section 401 Water Quality Certification (WQC) provides Clean Water Act authorization for the USACE to dredge. Specific monitoring requirements are detailed in an associated Monitoring and Reporting Plan (MRP) that is appended to the Section 401 WQC. Because Newport Harbor is subject to the RWQCB's sediment and water total maximum daily load (TMDL) program, there is a raised awareness with regards to sediment residual layers and potential water quality impacts during dredging. To address these elevated concerns, the RWQCB requested the USACE implement a much more rigorous monitoring program than is typical for federal dredging projects. An initial assessment of the proposed program put its implementation cost estimate at slightly more than $500,000. The USACE rejected the request and the entire project was in jeopardy of failure before the City assumed the liability for negotiating and implementing a fair and reasonable program. Because of our familiarity with regional water quality monitoring requirements and our strong relationships with RWQCB technical staff, Anchor QEA was requested to assist in developing and negotiating an alternate monitoring plan. This process required reviewing the proposed program, comparing it to the previously conducted Rhine Channel contaminated sediment cleanup project and other regional projects, and developing an alternative monitoring plan. Several conference calls and meetings were required. Mr. Chris Miller April 3, 2012 Task 2: Water Quality and Sediment Sampling The final negotiated MRP for Lower Newport Bay details the specific requirements of the program (Attachment A). The following summarizes the key aspects of the program used to develop our cost estimate: D A total of 65 days of water quality monitoring for two people (8 hour days plus one extra person for the first week to establish the program) a A total of 21 water chemistry samples (1 dredge location for one event plus 10 locations for two events) G A total of 13 additional total suspended solid samples (five for fast week, plus four extra in Yacht Anchorage 1 and 2 [totaling 5 at each of these locations]) o A total of 5 quality assurance and quality control (QA/QC) water chemistry samples (equipment blank, field blank, and field duplicate [5 percent of samples]) a Ten percent rush charge for 5 -day turnaround time and 5 percent contingency for chemistry samples o Water column toxicity test for eight samples (four dredge areas plus reference for each dredge area) using bivalves • A total of nine surface water interface toxicity tests • A total of nine sediment chemistry grab samples • A total of 2 field days for sediment sampling (assumed multiple grabs for sufficient volume for toxicity testing and chemistry) • A maximum of 4 monthly water quality monitoring reports • No more than one Water Quality and Sediment Monitoring Plan prior to dredging • One Final Water Quality and Sediment Report • A total of 80 hours for project management/meetings and field observations of construction activities not associated with general water quality monitoring These assumptions represent conservative (i.e., reasonable worst case) estimates based on anticipated results. It is possible that lessor more intensive monitoring may ultimately be required once the program starts, which could result in additional expenses. Mr. Chris Miller April 3, 2012 Task 3: Lower Newport Bay Bathymetry Survey Several potential high spots in Lower Newport Bay, not previously known by the USACE, have been reported by boaters to the Harbor Resources Divison. The City plans to investigate these high spots using multi -beam sonar as a way to verify the claims and, if needed, work with the USACE to alter the planned dredge design to ensure any high spots are removed during the upcoming dredging program. For scoping purposes, a total of 10 target areas are assumed and no more than 1 field day with a field survey crew. All raw data will be processed and plotted using color depth contours for visual presentation and compared to the most recent USACE survey to evaluate potential differences in sediment elevation. Task 4: Marina Park /Lido Isle North Sampling and Analysis Sediment core sampling and analysis is required at two target dredge areas adjacent to the Marina Park and Lido Isle North dredge areas to better assess the required dredge depths relative to existing site conditions and chemical concentrations. Previous investigations relied on composite samples over the entire dredge profile to determine material disposal suitability. Changes to the planned dredge depths necessitate an additional investigation to verify contaminant depths. A total of 1 to 2 core samples are planned for each dredge area for chemical (mercury) and physical analysis. SCHEDULE Work on these tasks would begin as soon as authorization is received from the City. Dredging in Lower Newport Bay is scheduled to begin within the next 30 days and last for approximately 4 to 6 months. Tasks 1, 3, and 4 would be completed within 2 weeks, and Task 2 would last for the duration of the dredging program. SUMMARY OF COSTS Table 1 summarizes the costs for the above - mentioned tasks. A detailed cost breakdown is provided as Attachment B to provide supporting information and assumptions. These costs represent not -to- exceed time and materials estimates. Our standard rates are provided as Attachment C. Actual costs may be lower if less effort is required. EXH: I ®': ANCHOR DEA, LLC. AQEA Lower NavpW Bay Tasks 4- 2-12.xi3 (City of Newport Beach Number: 04/02/12 Lower Newpon Bay Dredging; Various Tasks Prepared: Cappelllno Task 1 - Water Quality Monitoring Plan Negotiations Task 2 - Water Quality and Sediment Sampling and Analysis Task 3' -Lower Newport Bay Balhymetry Task 4- Marina ParkLido Isle North Sampling and Analysis Billing - - Total Total Labor Categories Rate Task 1 Task 2 Task 3 Task 4 Hours Dollars Principal CMlEngrlWPlanlSci $ 215 60 82 0 0 0 0 0 0 0 0 142 $ 30,530 Sr Managing AnalystICMlEngr /LNPlan /Sci $ 195 80 54 0 0 0 0 0 0 0 0 134 $ 26,130 Managing AnalysVCM /EngdLAIPIarVSci $ 175 0 18 0 0 0 0 0 0 0 0 18 $ 3,150 Senior AnalysVCMlEngdL/VPian /Sd S 155 0 78 16 0 0 0 0 0 0 0 94 $ 14,570 Staff 3 AnalysVCMlEngrlLAIPIaVScl $ 140 12 800 0 10 0 0 0 0 0 0 822 S 115,080 Slag 2 AnalysVCWEngrMlPlan1ScI $ 125 0 98 0 12 0 0 0 0 0 0 110 $ 13,750 SIalf l AnalysVCMlEngr /UVPIanISci $ 105 4 800 0 0 0 0 0 0 0 0 804 $ 84,420 Senior CAD Designer $ 112 0 40 0 0 0 0 0 0 0 0 40 $ 4,480 CAD Designer $ 95 12 0 24 0 0 0 0 0 0 0 36 $ 3,420 Project Coordinator(PCIPA) $ 89 40 120 0 0 0 0 0 0 0 0 160 S 14,240 Project Cowtlinator(Admin) $ 89 0 0 0 0 0 0 0 0 0 0 0 S echnician $ 89 0 0 0 0 0 0 0 0 0 0 0 $ Netlonal Expert Consultant $ 350 0 0 0 0 0 0 0 0 0 0 0 S Total Hours 208 2,090 40 22 0 0 0 0 0 0 2,360. Total Labor $ 35,300 $ 266,810 $ 4,760 $ 2,900 S - $ - $ - S - S - $ $ 309,770 Average Houtl Rate S 131 Subconsullonrs Chemical Analyses(Calscienm) $ - $ 34.828 S - $ 2,100 $ - $ - $ - $ - $ - $ - $ 36,928 Toxicity Testing (Nautilus) $ - $ 26,600 $ - $ - $ - $ - $ - $ - $ - $ $ 26,600 Cahaga B Bryant Surveying $ - S - $ 6,000 $ - $ - $ -. $ - $ - $ - $ S 6,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ - $ - $ - $ - $ - S - S - $ - S - $ - S 5 Total Cost $ - S 61,428 $ 6,000 $ 2,100 $ - S - $ - $ - $ - $ $ 69,528 Markup on subconsultents 5.0% $ - $ 3,071 $ 300 $ 105 $ - S - $. - $ - $ - $ $ 3.476 Reimbeau,bles CAD /Computer($Ihr) $10.00 $ - $ - $ 440 $ - $ - $ - $ - $ - S - $ - $ 440 Mileage($Imile) WSW $ 200 5 - $ - S - $ - $ - $ • S S - $ $ 200 Coples(S/copy) $0.10 $ - $ - $ - $ - S - S - $ - S - S - $ $ Anchor beat(Vday) $300 $ - $ 8,000 $ - $ - $ - $ - $ - $ - $ - $ $ 8,000 Faxes($ /fax) $1.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ Outside &posses Truck Rental $ - S 2.0D0 $ - $ - $ - $ - $ - $ - $ - $ $ 2.000 ReprolPkeing $ - S - $ - $ - S - $ - $ - $ - $ - $ $ MaillFedex/Couaer $ - $ 1,500 $ - S - S - S - $ - - $ - $ - $ $ 1,500 Of iicelBoat Slip Rental $ - $ - $ - $ - $ - $ - $ - $ - $ - S $ Field Sampling Equipment $ - $ 5,000 $ - $ - $ - $ - $ - $ - $ - $ $ 5,000 Miscellaneous $ - $ 2000 $ -Is 550 $ - $ -1$ - $ - $ - $ $ 2.550 Total Cost $ 200 S 16,500 $ 440 $ 550 S - $ -1$ - $ - $ - S $ 19,690 IdaMuponoutstEeexpenses 5.0% $ - $ 525 $ - $ 28 S - $ - S - $ - S - $ $ 553 Field Equipment and Supplies Summary $ - $ - $ - S - $ - $ - $ - $ - S - S S Madap on eetd supplies 5.0% $ - $ - $ - $ - $ - $ - $ -. $ - $ - $ $ TOTAL COSTS S 35,500 $ 350,334 $ 11,500. $ 5,683 $ - $ - $ - $ - $ - S CERTIFICATE OF INSURANCE CHECKLIST Cuty of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6 -08 -1 Date Completed: 6 -13 -12 Dept. /Contact Received From: Tania Sent to: Tania By: Joel Company /Person required to have certificate: Type of contract: I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 10-10-11/10-10-12 Anchor A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut B. AM BEST RATING (A-: VII or greater): A: XV N/A C. ADMITTED Company (Must be California Admitted): included): Is it included? Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does ❑ Yes not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ No COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ® Yes Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON - CONTRIBUTORY WORDING (Must be N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste included): Is it included? Z Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 10 -10- 11/10 -10 -12 A. INSURANCE COMPANY: Phoenix 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 - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 9 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 10 -10- 11/10 -10 -12 A. INSURANCE COMPANY: Travelers Casualty and Surety Company B. AM BEST RATING (A-: VII or greater): A +: XV C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® N/A ❑Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved, pending Risk Management sign -off of Non - admitted Auto carrier Approved: 6 -13 -12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ® Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract. ANC43490 ®� CERTIFICATE OF LIABILITY INSURANCE 1 DATE 6/8 /2D/YYY; 618/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX MOIL Ett : AIC No Commercial Lines - (206) 892 -9200 EMAIL ADDRESS: Wells Fargo Insurance Services USA, Inc. - CA.Lic #: 0008408 INSURER ($) AFFORDING COVERAGE NAIO # 601 union Street, Suite 1300 INSURER A: Travelers Indemnity Co. of Connecticut 25682 Seattle, WA 98101-1371 INSURED INSURER B: Phoenix Insurance Company 25623 INSURERC: St, Paul Fire and Marine Insurance Company 24767 Anchor QEA, LLC INSURER D : Travelers Casualty and Surety Company 19038 720 Olive Way, Suite 1900 INSURER E : Underwriters at Lloyds, London 15792 PERSONAL$ ADV INJURY INSURER F: Seattle, WA 98101 COVERAGES CERTIFICATE NUMBER: 4446222 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE INSR SUER POLICYNUMBER MMIDDIYYYY MMPOLICY DDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 680 - 52511_034 -TA -11 10110/11 10/10/12 EACH OCCURRENCE $ 1,000,000 DAMAGE TOR NTED PREMISES Ea occurrence $ 1,000.000 CLAIMS -MADE a OCCUR MED EXP (Any one Parsom $ 5,000 PERSONAL$ ADV INJURY $ 1.000,000 X Employers Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 S POLICY X PRO- LOC B AUTOMOBILE LIABILITY BA- 53981_892- 11 -GRP 10110/11 10110112 COMBINED SING LE LIMIT Ea acdtlenl 1,000,000 BODILY INJURY (Per person) $ x ANY AUTO ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accitlent) $ PROPERTY DAMAGE er accide 1 $ NON -0WNED X HIRED AUTOS X AUTOS C UMBRELLALIAB X OCCUR OX09400206 10110/11 10/10112 EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2,00,000 X EXCESS LIAB CLAIMS-MADE OED RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNEWEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A XACRU B- 7364Y09 -3 -11 Incl. USLBH except in WA State 10/10111 10/10/12 X WC STAN- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability 8 Pollution Liability W11053110201 10110/11 10110/12 $1,000,000 Each Claim 1$1,000,000 Agg. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space R required) City of Newport Beach, its elected or appointed officers, officials, employees, agents End volunteers are Additional Insured under General Liability and Auto Liability as respects their interest in the operations of the Named Insured regarding the professional Services agreement per the attached endorsements. Coverage in Primary and Non - Contributory. Waiver of Subrogation applies in General Liability, Auto Liability, Excess Liability and Workers Compensation. City of Newport Beach Attn: Mr. Patrick Alford 3300 Newport Bouelvard Newport Beach, CA 92663 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 97 _ the ACORD name and logo are registered marks of ACORD U 1988 -2U1U ACUHU COKPUKATION. All rights reserved. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , is z This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability unless modified by the endorsement. Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease; and SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured"; and (2) in or on your covered "auto'; in the event of a total theft "loss" of your covered "auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION 111 — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any: (a) Overdue lease /loan payments at the time of the "loss "; (e) Carry-over balances from previous loans or leases. C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4,d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered "auto "; or D. WAIVER OF DEDUCTIBLE —GLASS SECTION III — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: (b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten- lease for excessive use, abnormal wear sion and tear or high mileage; If hired "autos" are covered "autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor; Damage Coverage for an owned "auto ", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. H. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. I. COVERAGE EXTENSION— TRAILERS SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. CA T4 20 07 06 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what Is and Is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malielous Prosecution - Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises K. Additional Insured — Lessor Of Leased Equipment L. Additional Insured — State Or Political SubdIvI- sions — Permits Relating To Premises M. Additional Insured - State Or'Polilical Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Com- mon Policy Declarations is amended as fol- lows: The person or organization named In Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or [rust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, CG 63 79 09 07 N. Additional Insured — Architect, Engineer Or Surveyor O. Who Is An Insured — Newly Acquired Or Formed Organizations P. Who Is An Insured — Unnamed Partnership Or Joint Venture — Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily Injury Definition V. Amended Insured Contract Definition — Railroad Easement W. Amended Property Damage Definition — Tangible Property X. Additional Definition — Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage is ex. cluded by another endorsement to this Cov- erage Part, B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to Paragraph 1. insur- ing Agreement of COVERAGE A BODILY © 2007 The Travelers Companies, Inc. Page 1 of 8 o� r� o o� me COMMERCIAL GENERAL LIABILI rY INJURY AND PROPERTY DAMAGE LI- ABILITY in COVERAGES (Section 1): "Bodily injury" arising out of the rendering of, or failure to render, "first aid" or "Good Sa- maritan services" to a person, other than a co- "employee" or "volunteer worker", will be deemed to be caused by an "occurrence ". For the purposes of determining the applica- ble limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services to any one per- son will be deemed one "occurrence ". 2. As used In this Provision B.: a. "First aid" means medical or nursing ser- vice; treatment, advice or instruction; the related furnishing of food of beverages; the furnishing or dispensing of drugs or medical supplies or appliances; b. "Goad Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration Is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO 1S AN IN- SURED (Section 11) does not apply to any of your "employees ", who are not employed as a doctor or nurse by you, but only while per- forming the services described in Paragraph 1, above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 4, The following exclusion is added to Para- graph 2. Exclusions of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I): Sale of Pharmaceuticals "Bodily injury" or "property damage" aris- Ing out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the Insured. S. The insurance provided by (his Provision B, shall be excess over any valid and collectible other insurance available to the Insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. C. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended injury Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is de- leted and replaced by the following: Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the Insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect any person or property, D. NON -OWNED WATERCRAFT — INCREASED TO UP TO 75 FEET 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion In 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY In COVERAGES (Section 1) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects the insurance provided by this Provision D., WHO IS AN INSURED (Section 11) Is amended to include as an in- sured any person who, with your expressed or implied consent, either uses or is respon- sible for the use of the watercraft. 3. The insurance provided by this Provision D. shall be excess over any valid and collectible other Insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1): Aircraft chartered with crew, including a pilot, to any insured. Page 2 of 8 © 2007 The Travelers Companies, Inc. 004023 CG D3 79 09 07 ;,S 2. This Provision E. does not apply If the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision E. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo- sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN- SURANCE (Section III). 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, of temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter, or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6, of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: COMMERCIAL GENERAL LIABILITY any one premises while rented to you, or temporarily occupied by you with permission + of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such dam- age results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown for the Damage To Premises Rented To You Limit In the Declarations for this Coverage Part. 4. Paragraph a. of the definition of "Insured con- tract" In DEFINITIONS (Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, Or lightning; or water is not an "insured contract"; 5. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1) Is excluded by another endorsement to this Coverage Part. G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: Subject to S. above, the Damage To Prem- This exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 0 2007 Ths Travelers companles, Inc. Page 3 of 8 o= os o= COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara- tions for this Coverage Part is increased to $10,000. I. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 1. In Paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In Paragraph i.d., the amount we will pay for loss of earnings Is increased to $500 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed In a contract or agreement to Include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal Injury" caused by an offense committed, after you have entered Into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contractor agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage Is excluded by another endorsement to this Coverage Part, 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en- dorsement to this Coverage Part. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section II) is amended to include as an insured: . Any person or organization that you have agreed in a contract or agreement to Include as an additional insured on this Coverage Part, but a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal Injury" caused by an offense Committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" Is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional Insured shall be the limits which you agreed to provide In the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or Page 4 of 8 © 2007 The Tlavelers Companies. Inc. 004024 CG D3 79 09 07 c,. (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. L. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily injury", 'property damage ", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following Is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an Insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily Injury", "property damage ", 'personal injury" or "advertis- Ing injury" arising . out of operations performed by you or on your behalf for which that state or po- litical subdivision has issued such permit. How- ever, no such state or political subdivision is an insured for. 1. 'Bodily injury", 'property damage ", 'personal Injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or 2. 'Bodily injury" or "property damage" Included within the "products — completed operations hazard ". COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED — ARCHITECT, ENGI- NEER OR SURVEYOR i 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree in a "contract of agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" that is caused, In whole or In part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your work ". 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically Is added by another endorsement to this Cov- erage Part. O. WHO IS AN INSURED —NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section 11) Is deleted and replaced by the following: a. Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even If there are more than 180 days remaining until the end of the policy period; 2. This Provision O. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED— UNNAMED PART, NERSHIP OR JOINT VENTURE — EXCESS 1. The last paragraph of WHO IS AN INSURED (Section 11) Is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 D9 07 © 2007 The Travelers Companies, Inc. Page 5 of 8 m� o 0 a " o� COMMERCIAL GENERAL LIABILITY 2. 3. However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co- ventures in that joint venture Is an archl- tectural, engineering, or surveying firm. This Provision P. does not apply to any per- son or organization for which coverage Is ex- cluded by another endorsement to this Cov- erage Part. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured In the Common Policy Declarations and which is Issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project ". 2. The following Is added to LIMITS OF IN- SURANCE (Section 111): A separate Per Project General Aggregate Limit applies to each 'project' for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single 'project', and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part, Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project ", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project "; b. The General Aggregate Limit; or c. The Products - Completed Operations Ag- gregate Limit. The limits shown In the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate. Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right - of -way of a railroad shall be considered a sin- gle "project'. R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the 'occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 O 2007 The Traelers Companies, Inc. 809825 CG D3 79 09 07 I I W, Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individ- ual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the "occurrent&" or offense may Involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon In issuing this pol- icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nomenewal in accor- dance with applicable insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL. GENERAL LIABILITY CONDI- TIONS (Section IV): We waive any rights of recovery vie may have against any person or organization because of payments we make for "bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of: COMMERCIAL GENERAL LIABILITY 4. "Your products", We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and In effect when, the "bodily injury" or "property damage" occurs, or the "personal Injury" offense or "adver- tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury' in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injdry'or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c, of the definition of "insured contract" in DEFINITIONS (Section V) is de- ; leted and replaced by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in DEFINITIONS (Section V) is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION — TANGIBLE PROPERTY The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, Including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pled by you with permission of the owner, or physically Injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the "occur - 2. Ongoing operations performed by you, or on rence" that caused It. your behalf, under a contract or agreement For the purposes of this Insurance, tangible prop - with that person or organization; erty does not include data. F 3. "Your work"; or CG D3 79 09 07 0 2007 The T1avelers companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— DEFINITIONS: "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily Injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement Is in effect; and c. Before the end of the policy period Page 8 of B © 2007 The Travelers Companies, Inc. CG D3 79 09 07 004626 o= o= o� o® o® e 005758 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �' f ,1, 1 1 1 ID' �- i This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree In a "contract or agreement requiring insurance" to in- clude. as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contractor agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does'nol apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated In the LIMITS OF (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 02007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the 'personal in- jury" is caused by an offense committed: a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement.is in effect; and c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission. TRAY ELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -02 POLICY NUMBER: ( XACRUB- 7364voe -3 -11 ) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 1011011i ST ASSIGN: MY OF NEWPOfr BEACH CITY OF �.�_ "�EWPok' I "-r.{ S7 iJ 2012 °� NE P Ri BEACH - c94 FORN�P City Council Staff Report Agenda -o. May 8, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager APPROVED: 0, TITLE: Professional Services Agreement with Anchor, QEA, L.P., for Water Quality and Field Management Services for the Lower Bay Federal Dredging Program ABSTRACT: Anchor QEA is providing services for water quality monitoring during the upcoming Lower Bay dredging project as a required by the Santa Ana Regional Water Quality Board. RECOMMENDATIONS: 1. Approve and execute the Professional Services Agreement with Anchor QEA for water quality monitoring. 2. Approve a Budget Amendment 12BA- 036 transferring $388,017 from Account No. 7231- C4402004 and $15,000 from Account No. 7231- C4402007 in project savings to Account No. 7231- C4402003. FUNDING REQUIREMENTS: Anchor QEA is proposing to perform water quality monitoring for a not -to- exceed cost of $403,017.00. Surplus savings are available from recently completed or recently awarded projects including $388,017 from the Rhine Channel Contaminated Sediment Cleanup project (Account No. 7231- C4402004) and $15,000 from the Bulkhead and Seawall Repairs project (Account No. 7231- C4402007.) DISCUSSION: The federal government/Corps of Engineers ( "Corps ") is planning to dredge the Lower Newport Bay in May 2012 after nearly ten years of planning. As a condition of the Professional Services Agreement with Anchor, QEA, L.P., for Water Quality and Field Management Services for the Lower Bay Federal Dredging Program May 08, 2012 Page 2 Corps' permit to dredge, the Santa Ana Regional Water Quality Control Board ( "Water Board ") requires a water quality monitoring program to be instituted throughout the project. However, due to a budget shortfall within the Corps, the Corps was unable to perform the required monitoring, and asked the City to intervene to prevent the project from stalling via possible legal action from the Water Board. The City was therefore forced to react quickly in order to prevent the project from any more delays especially with the Port of Long Beach disposal deadline rapidly approaching. Because Anchor QEA had previously assisted the City in negotiating this same type of program for the recent Rhine Channel project, the Public Works Department decided to execute a sole source agreement with Anchor QEA in order to capitalize on their previous, relevant experience, and to save as much time as possible by avoiding any unnecessary delays. In addition to developing and implementing a water quality and sediment monitoring program, several technical studies are required to further refine the dredge design to account for apparent high spots throughout the harbor. Scope of Services Task 1: Water Quality Monitoring Plan Negotiations Because Newport Harbor is subject to the Water Board's sediment and water total maximum daily load ( "TMDU) program, there is raised awareness with regards to sediment residual layers and potential water quality impacts during dredging. To address these elevated concerns, the Water Board required a much more rigorous Monitoring and Reporting Plan ( "MRP ") than is typical for federal dredging projects. Anchor QEA reviewed the Water Board's initial MRP requirements, then negotiated and developed a more reasonable program through their recent experience on a similar program for the Rhine Channel dredging project. This effort required several conference calls and heavy negotiating. The project costs for this task are $35,500. Task 2: Water Quality and Sediment Sampling The final negotiated MRP details specific requirements for the program as summarized below: • A total of 65 days of water quality monitoring for two people • A total of 21 water chemistry samples. • A total of 13 additional total suspended solid samples. Professional Services Agreement with Anchor, QEA, L.P., for Water Quality and Field Management Services for the Lower Bay Federal Dredging Program May 08, 2012 Page 3 O A total of 5 quality assurance and quality control water chemistry samples. ® 10 % rush charges for 5 -day turnaround time and a 5% contingency for chemistry samples. O Water column toxicity test for 8 samples. O A total of 9 surface water interface toxicity tests. o A total of 9 sediment chemistry grab samples. o A total of 2 field days for sediment sampling. O A maximum of 4 monthly water quality monitoring reports. ® No more than one Water Quality and Sediment Monitoring Plan prior to dredging. • One final Water Quality and Sediment Report ® A total of 80 hours for project management/meetings and field observations of construction activities not associated with general water quality monitoring. The project costs for this task are $350,334. Task 3: Lower Newport Bay Bathymetry Survey Several potential high spots in the harbor, not previously identified by the Corps, have been reported to Harbor Resources. Anchor QEA investigated these high spots using a multi -beam sonar as a way to verify these claims so the data could be incorporated into the current dredge plan if possible. This effort required one field day with one field survey crew with subsequent data analysis. The project costs for this task are $11,500. Task 4: Marina Park/Lido Isle North Sampling and Analysis Sediment core sampling and analysis is required at two target dredge areas adjacent to the Marina Park and Lido Isle North dredge areas to better assess the required dredge depths relative to existing site conditions and chemical concentrations. Previous investigations relied on composite samples over the entire dredge profile to determine material disposal suitability. Changes to the planned dredge depths necessitate an additional investigation to verify contaminant depths. The project costs for this task are $5,683 Professional Services Agreement with Anchor, QEA, L.P., for Water Quality and Field Management Services for the Lower Bay Federal Dredging Program May 08, 2012 Page 4 ENVIRONMENTAL REVIEW: This federal project has been evaluated by the Army Corps of Engineers, South Pacific Division, Los Angeles District under the National Environmental Policy Act as an Environmental Assessment which concluded that the project will not have a significant adverse impact upon the existing environment or the quality of the human environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Badum s Director Attachments: A. Vicinity Map of Lower Newport Bay — Current Project Areas B. Professional Services Agreement C. Budget Amendment .1 .1 ' �' II.��. 1 1 1 W" M4 PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. - FOR WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER NEWPORT BAY DREDGING THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and, ANCHOR QEA, L.P., a California Limited Partnership ( "Consultant'), whose address is 26300 La Alameda, Suite 420, Mission Viejo, California 92691 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 plans to assist the Army Corps of Engineering with the Lower Newport Bay Federal Dredging Program by performing water quality monitoring for theproject. C. City desires_ to engage Consultant to assist with Water Quality and Field Management • Services for the Lower Newport Bay Dredging ( "Project'.), D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Cappellino. 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 undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as,Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and 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. 3.1.1 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. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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 3.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Three Thousand,, Seventeen Dollars and na1100 ($403,017.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4:2 Consultant shall submit monthly invoices to City describing the Work performed the preceding :month, Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed,, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 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: 4.3.1 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. ANCHOR QEA, L.P. Page 2 4.3.2 .Approved reproduction charges. 4.3.3 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 B. 5. PROJECT MANAGER. .5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available; to City 'at all.reasonable times during the Agreement term. Consultant has designated,Steve Cappellino tq be its Project Manager. Consultant shall not remove or reassign the: Project Manager or,any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably Withheld with respect to the. removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance 'of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6'. ADMINISTRATION This Agreement will be administered by the Public. Works Department. Chris Miller, .Harbor Resources Manager or his :designee, shall be the Project Administrator and shall have the authority to act for City, under this Agreement. The ProjectAdministrator or.his authorized', representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement; City agrees to, where applicable: 7.1.1 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. 7.1.2 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.. ANCHOR QEA, L.P. Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to hew facilities or facilities to be rehabilitated. E? �� IF_ L• 167-110 axe] 41 9,1: 7 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 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 9.1 To the fullest extent permitted by law; Consultant shall indemnify, defend and hold harmless _City,, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death. or damage to. property), demands, obligations, damages, actions, causes of action, suits, 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 ANCHOR QEA, L.P. Page 4 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. 1C 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 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term, of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. ANCHOR QEA, L.P. Page 5 14.2.1 Consultant shall procure and maintain for the duration of the .Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements: 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and. Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with-the laws of the State of California, Section 3790 of the Labor Code- In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation 'or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 •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, blanket contractual liability. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. ANCHOR QEA, L.P. Page 6 14.8.1 The policies -are to contain, or be endorsed to contain, the - following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees :and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1:3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended. as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as .it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required). or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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. ANCHOR QEA, L.P. Page 7 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 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. 17.2 Documents, including drawings and specifications„ prepared by -Consultant, pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability 'arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City :assumes full responsibility for such changes unless City has ,given Consultant prior notice and has received_ from Consultant written consent for such changes. 17.3 All improvement and /or construction plans shall'be- prepared -with indelible =waterproof ink or electromaticly 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 "'Awg" file format on a CD, and should - comply with the City's digital submission requirements for.lmprovement Plans. The City will provide AutoGAD 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. 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. 21. 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 Agreementand any Services„ expenditures and disbursements charged to City, fora minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. 'Consultant shall allow a representative of City to examine, audit and make transcripts or copies -of such records and invoices during regular business hours: Consultant shall allow inspection of all Work; data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed "sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 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. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by ANCHOR QEA, L.P. Page 9 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right-to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. .26. NOTICES 26.1 All notices, demands, requests or approvalsto 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: Chris Miller Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3043 Fax: (949) 723 -0589 ANCHOR QEA, L.P. Page 10 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed: to Consultant at: Attention: Steve Cappellino ANCHOR QEA, L.P. 26300 La Alameda, Suite 240 Mission Viejo, CA 92691, Phone: (949)347 -2780 Fax: (949) '334 -9646 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act' (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed: in default in the performance of this Agreement. If such default is not all within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate 'assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non- defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice: thereof. 28:2 Notwithstanding the above provisions, City shall have the right, at its sole 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 inform, ation developed or accumulated in the performance of this, Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 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 require_ ments and be subject to approval of the Project Administrator and City. 29.2 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 ANCHOR QEA, L.P. Page 11 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 Equal Opportunity Employment: Consultant represents that it is ad 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. 29.10 No Attorney's Fees. In the event of any dispute or legal. action ,arising under this Agreement, the prevailing party shall not be entitled to :attorney's fees.. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] ANCHOR QEA, L.P. Page 12 .IN WITNESS WHEREOF, the parties have caused this - Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: y /ZT /iL Aaron C. " . City Attorney .ATTEST: Date: CITY OF NEWPORT BEACH, A California municipal corporation By: Nancy Gardner Mayor CONSULTANT: ANCHOR QEA, L.P., a California Limited Partnership Date:. By; By: Leilani I. Brown Steve Gappellino City Clerk Senior Partner Attachments: [END OF SIGNATURES] Exhibit A Scope of Services Exhibit B Schedule of Billing Rates ANCHOR QEA, L.P. Page 13 litI r: , 1 r I � ; V ♦ r ; - 4 el � �y a r 1 u a. r r i = 1 v r. rs a ' r c , litI r: Mr. Chris Miller April3, 2012 TASKS • Task 1; Water Quality Monitoring Plan Negotiations • Task 2: Water Quality and Sediment Sampling • Task 3: Lower Newport Bay Bathymetry Survey • Task 4: Marina Park/Lido Isle. North Sampling and Analysis Task 1: Water Quality Monitoring Plan Negotiations The U.S. Army Corps of Engineers (USAGE) is responsible for dredging Lower Newport Beach.and, therefore; also for monitoring water quality during - dredging operations: The RWQCB Section 401 Water Quality Certification (WQC )Provides _Clean Water Act authorization for the USACE to dredge. Specific monitoring requirements are detailed in an. associated Monitoring and Reporting Plan (MRP)-that.is appended to the Section 401 WQC,. Because Newport Harbor is subject to the RWQCB's sediment and water total maximum daily load (TMDL) program, there is a raised awareness with regards to- sediment residual layers, and potential water quality impacts during dredging. To address these elevated concerns, the RWQCB requested the USACE implement a much more rigorous monitoring program than is typical-for federal dredging projects. An initial assessment of the proposed program put its implementation cost estimate at slightly more than $500000. The USACE rejected the request and the entire project was in jeopardy of failure before the City assumed the liability for negotiating and implementinga fair and reasonable. program. Because of our familiarity with regional wafer quality monitoring requirements and our strong relationships with RWQCB technical staff, Anchor QEA was requested to assist in developing and negotiating an alternate monitoring plan. This process required reviewing the proposed program, comparing it to the previously conducted Rhine Channel contaminated sediment cleanup project and other regional projects, and developing an alternative monitoring plan. Several conference calls and meetings were required. Mr. Chris Miller April 3, 2012 Task 2: Water Quality and Sediment Sampling The final negotiated MRP for Lower Newport Bay details the specific requirements of the program (Attachment A). The following summarizes the key aspects of the program used to develop our cost estimate: o A total of 65 days of water quality monitoring for two people (8 hour days plus one extra person for the first week to establish the program). o A total of 2l water chemistry samples (1 dredge location for one event plus 10 locations for two events) • A total of 13 additional total suspended solid,samples (five for first week, plus -four extra in Yacht Anchorage 1 and 2 [totaling 5 at each of'these locations]) • A total of 5 quality assurance and quality control (QA/QC) water chemistry samples (equipment blank, field blank, and field duplicate [5 percent of samples]) • Ten percent rush charge for 5 -day turnaround time and 5 percent contingency for chemistry samples 0 Water column toxicity test for eight samples (four dredge areas plus reference for each dredge area) using bivalves o A total of nine surface water interface toxicity tests A total of nine-sediment chemistry grab samples o A total of 2 field days for sediment sampling (assumed multiple grabs for sufficient volume for toxicity testing. and chemistry) • ,A maximum of 4 monthly water quality monitoring reports • No more than one Water Quality and Sediment Monitoring Plan'prior to dredging • One Final Water Quality and Sediment Report - o A total of 80.hours for project management/meetings and.field observations of construction activities not associated with general water quality monitoring These assumptions represent conservative (i.e., reasonable worst case) estimates based on anticipated results. It is possible that less or more intensive monitoring may ultimately be required once the program starts, which could result in additional expenses. Mr. Chris Miller April 3, 2012 Task 3: Lower Newport Bay Bat yrnefry Survey Several potential high spots in Lower Newport Bay, not previously known by the USAGE, have been reported by boaters to the Harbor Resources Divison. The City plans to investigate these high spots using multi- beam.sonar as a way to verify the claims and, if needed, work with the USACE to alter the planned dredge design to ensure any high spots are removed during, the upcoming, dredging program. For scoping purposes, a total of 10 target areas are assumed and no more than 1 field day with a field survey crew. All raw data will be processed and plotted using color depth contours for visual presentation and compared to the most recent USACE survey to evaluate potential differences in sediment elevation.: Task 4: Marina Park /Lido isle North.Sampling and Analysis Sediment core sampling and analysis is required at two target dredge areas adjacent to the Marina Park and Lido Isle North dredge areas to better assess the required dredge depths . relative to existing site =conditions and chemical concentrations. Previous investigations . relied on composite samples over the entire dredge, profile to determine material disposal suitability.. Changes to the planned dredge depths necessitate an additional :investigation to verify contaminant depths. A. total of Lto 2 core samples are planned for each dredge area for chemicaL(mercury) and physical analysis. -SCHEDULE Work on thesexasks would begin as soon as authorization,is received from the City. Dredging in Lower Newport Bay is.scheduled to begin within the next 30 days:and last for approximately 4 to,6 ninths. Tasks'l, 3, and 4 would be completed within 2 weeks, and Task 2 would last for the duration of the dredging program. SUMMARY OF COSTS Table 1 summarizes the costs for the above- mentioned tasks: A detailed cost breakdown is provided as Attachment B to provide supporting information and assumptions. These costs represent not -to- exceed time and materials estimates. Our standard rates are provided as Attachment C. Actual costs maybe lower if less effort is required. ANCHOR OEA, LLC. 04/02/12 (City of Newport 9ea6 . Lower Newport Bay Dredging - Venous Tasks Task b- Water Q6kty.Menitoring Plan Negollatlons. Task 2;- Water,QmriN �M'SeGment Sampling and Analysis Tosk 3. -. Lower Newport Bey'Badiymetty " Task 4 - Marina; P,aik /Lldollsle`Nbd1 i;Sampling and Analysis AOE4 Lower Newport Tasks 6242.bs NarnbeC Prepared: lCa0pellino Billing. _ - — — Total Total Labor Cate odes Rafe task Task 2 Task Task 'Hours Dollars Principal CMIEngdLAJPlan/Sci S. 215 50 82 0 -0 0 0 0 -; '0 -. 0 0 142 S 30;530 r Managing S 195 80 54 0 0 0 0 0 -. '0 0 10 134 5 26;130 ,Analyst/CM1EngNWPlardSci Managing AmIys;YCMIEngrM!PhNSci $ 175 -0, 16- 0" '0 0 0 0 _; 01 _ 0 0 18 $ 3,150 Senior AnalysVCMIPWILAIPIan/Sd $ '155 0 78- 16 0 0 0 0 ' 0".- 0 0 94 $ 14,570 Staff 3 AMWCM(EngdLN?lWVScI 3 130 12 600 0 10 0 0 0: - - 0 0 0. 822 It 115,060 Staff 2 AWIysVCWEngr/WPlan/Sd '$ 125 0 98 0 12 0 0 0 0 0 0 110 S 13;750 Staff 1 AnalystI MjEngdLlOplardSci $ "105 4' .800 0 '0 0 0 O ;1 1 F' 0 0 0 6114 5 68420 Senior CAD Designer $ 112 0 46 0 0, 0 0 "0 0 0 0 40 $ 4,480' CAD Designer S' 95' 12 :0 24 .0 0 0 D ', 0 0 0 36 S 3,42D mect Ceo�nalor(PC @A) $.; 89' 40 120 Or 0 0 0 0�"5Y -0' 0 0 160 $ 14,240 rofec4Coordinator(Admin) I S' ''89 0 -0 0 0 0 0 0 - D. 0 0 0 $ echnidan S. -.89 0. 0 0 0' 0 0 0 1;;_ 0 P 0 0 0 S National Eyes, Consultant 3 350 0 0 O 0 D 1 0 -,,0' , 0 0 1 0 S Total Hours 20B 2090 40 22 0 0 0 s, 0; r,. '.. 0 0 2,360 Total Labor S 35,$00 S 266,810 3 4,760 S 2,900 S' - S' - $ �,'' S $ - $ S 309;770 Meraoe Hourly Rate S 131 - Subconsubants - - Chemical Analyses (Calsciante) S' - S' 34,826 '$ - $ 2,100 $ -: S - Is, .S t�f^. S - S $ 36,928 To%idty Testing (Nautilus) S - S- 26,600 S- - $ . S. - 5. - S'„ - '!$L'' =; S. $ S 28;600 Gahaga B Bry " "ant'Smeyhg S - S S' 6,000 5 - $ - S - S�: ":r -T 3! - S- - S S 8;000. - 5 - S - $ - S - $ - ,S _ $ =•'S.. - $ - S 5 S 5 $ $ - $ 3 5 . _ P: ISt . S. S 8 Total Cost S . 5 61,428 It 6;000 $ 2;100 $ --S $ - - '$' u = -$ - 9 S 69,528 Madmp on subconsulWnls 5.0% S - S 34071 $' 300 .$ 105 S - S 5 1 =t $ -. $ - S $ 3,476 Reimbursables .'z CAD /Compuler(S/M) 610.80- S - S' '$ 440$ .- $ - $ ' S 1'S '= S. - S S 440 Mileage (S /mile) 551503 5 200 3 - -$ - $ - S - S S " 'v,% $ - $ S 200 Copies ($[COPY) $0.40' $ -, S. S _. S $ - _S $ r$ _ $ ' _ $ $ _ Ancaor boat (Way) 5300. $ _ S 8,000 $ - :$ S - $ $ -'.$ - -: $ - $ $ .8,000 Foxes(Smax) S1.00 " S' - S - S - S - $ - S - $+ •. 4, -I $ - $ 9 - OutsideExponses _ inryk Renal S - S 2000 3 - $ - S - S - __ S S - $ $ 2,000 ReprolPloWng: S ,..5 - '.S $ - S - $ $ -: Map /FededCcader S - 5 1,500 $ - $ - 3 - S S - ��S = $ - S $ 1,500 OKce/BoatSlip Rental S $ § - $ $ - S - '$ - -� -8 - S - S $ Flats Samprng Equipmenl S - S S,WO $- - $ - 5 - S . $ '1$` ', = S - $ $ 5,000 Miscellaneous IS - 6 ZOOO S. - $ 550 $ - $ - 3 '- .'§':' - $ -is S 2.550 Total. Cost S 200 $ 18,500'$ 440 S 550 S" -. S' - 4 - .S - $ - 5 9, 19,690 MaMUp on.u.Id. aipanses SO% S - S 525: S - S 2i S - '$ - 'S _ '� =' IS • :' 3 - S $ 553 Field Equ(pmant and - SuppliesSummory $ - $ - .S I$ 'S - S - $ . ;g:„ _ -',S, -, $ - $ $ Markup onfeidauPplies 59% S - S' - S. S - $' S' = = - .:S. _' S - S $ TOTAL COSTS 6 35,SW $ 350,334 S' 11;500 3 5;683 $ -- $ $ °''$'I ,;. - S - S S 403;017 ,: ._, t Cit0 if Newport Beach NO. BA- 12BA -036 BUDGET AMENDMENT 2011 -12 AMOUNT: $403,017.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations Ij No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer savings in expenditure appropriations from the Rhine Channel Contaminated Sediment Cleanup project and the Bulkhead and Seawall Repairs project to the Lower Harbor Dredging project (Anchor contract) for water quality monitoring required by the Santa Ana Regional Water Quality Board. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Description Signed: W/ Signed: Approval: City $388,017.00 $15,000.00 $388,017.00 $15,000.00 y -a7 -1z Date 1511117- Date Signed: City Council Approval: City Clerk Date Description Division Number 7231 Tidelands - Capital Account Number C4402004 Rhine Channel Dredging Division Number 7231 Tidelands - Capital Account Number C4402003 Lower Harbor Dredging Division Number 7231 Tidelands - Capital Account Number C4402007 Bulkhead Repairs /Sealing Rehab Division Number 7231. Tidelands - Capital Account Number C4402003 Lower Harbor Dredging Signed: W/ Signed: Approval: City $388,017.00 $15,000.00 $388,017.00 $15,000.00 y -a7 -1z Date 1511117- Date Signed: City Council Approval: City Clerk Date