HomeMy WebLinkAboutC-5513 - PSA for RGP-54 Permit (Regional General Permit)2
AMENDMENT NO. TWO TO
1f PROFESSIONAL SERVICES AGREEMENT
1 WITH ANCHOR QEA, LLC FOR
U RGP-54 PERMIT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two') is made and entered into as of this 1st day of April, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ANCHOR QEA, LLC, a Washington
limited liability company ("Consultant"), whose address is 27201 Puerta Real, Suite 350,
Mission Viejo, California 92691, and is made with reference to the following:
RECITALS
A. On June 27, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide consultant services to
secure the City of Newport Beach's Regional General Permit (RGP) 54 for 2014
("Project").
B. On January 1, 2016, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not
previously included in the Agreement, to extend the term of the Agreement, to
increase the total compensation, and to update insurance requirements.
C. The parties desire to enter into this Amendment No. Two to reflect an increased
volume of Services not anticipated in the Agreement, as amended, due to
increased complexity in the permit implementation process, to extend the term of
the Agreement to December 31, 2017, and to increase the total compensation.
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 the Effective Date, and shall
terminate on December 31, 2017, unless terminated earlier as set forth herein."
2. 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 and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Five Hundred
Fifty One Thousand Six Hundred Sixty Dollars and 00/100 ($551,660.00), 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."
Anchor QEA, LLC Page 1
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Fifty Five Thousand Dollars and 00/100 ($55,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: q lq /I (P
In
Aaron r,. Harp CAM o312iliu
City Attorney
ATTEST:-- .1
Date: `0
By: ii� t,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: SJ:2; L�.,L
By: �, n
Dave iff
City Manager
CONSULTANT: Anchor QEA, LLC, a
Washington limited liability company
Date: ' 7Z/6
appellino
Partner
Date:lh
By:
Shelly Ang e .
Partner
[END OF SIGNATURES]
Anchor QEA, LLC Page 3
2
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, LLC FOR
RGP-54 PERMIT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 1st day of January, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ANCHOR QEA, LLC (formerly
ANCHOR QEA, L.P.), a California limited liability company ("Consultant"), whose
address is 27201 Puerta Real, Suite 350, Mission Viejo, California 92691, and is made
with reference to the following:
RECITALS
A. On June 27, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide consultant services to
secure the City of Newport Beach's Regional General Permit (RGP) 54 for 2014
("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 to December
31, 2016, to increase the total compensation, and to update insurance
requirements.
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 the Effective Date, and shall
terminate on December 31, 2016, 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, attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Four
Hundred Ninety Six Thousand Six Hundred Sixty Dollars and 001100 ($496,660.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Twenty Thousand Dollars and 001100 ($20,000.00).
4. INSURANCE
Exhibit C of the Agreement is amended in its entirety and replaced with the
updated Insurance Requirements attached hereto as Exhibit C, and incorporated herein
by reference.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, LLC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:��
Aaron C. Harp CAM OkIN1JU
City Attorney
ATTEST: Date: 1')+
By: 40� 1 6m'—'
Leilani I. Brown
City Clerk
BALI FO':
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1112, 1 1t►
By:
Dave
City Manager
CONSULTANT: Anchor QEA, LLC, a
California limited liability company
Date:
By: Signed in Counterpart
Steve Cappellino
Partner
Date:
LE
Signed in Counterpart
Shelly Anghera
Partner
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ► / 5- /oto
gy. �
Aaron arp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
r1z'r
tom 01101'1►►V
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: Anchor QEA, LLC, a
California limited liability company
Date:
By:
Ste ellino
Partner
Date: /A5
Shelly A gh ra _
Partner
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, LLC Page 3
EXHIBIT A
SCOPE OF SERVICES
Anchor QEA, LLC Page A-1
kZANCHOR
OEA
27201 Puerta Real, Suite 350
Mission Viejo, California 92691
Phone 949.347.2780
December 15, 2015
Chris Miller
City of Newport Beach
829 Harbor Island Drive
Newport Beach, California 92660
Re: Revised Scope of Work and Cost Estimate for City of Newport Beach Continued
RGP 54 Program Support
Dear Mr. Miller:
Anchor QEA, LLC, is pleased to present this scope of work and cost estimate to provide
continued support of the City of Newport Beach (City) Regional General Permit 54 (RGP 54)
implementation program. To date, we have developed and are ready to implement the
program pending issuance of the U.S. Army Corps of Engineers (USACE) RGP 54 permit,
which is anticipated in the next few weeks. We intend to expend the remaining on-call
contract balance through issuance of the USACE permit, including reviewing the conditions
of the permit and updating the existing program support documents with the applicable
conditions. This scope of work proposes the following tasks to continue supporting the City:
• Once the RGP 54 program is implemented, we will support the City with initial
screening of applications and will make modifications to the program templates, as
necessary
• Coordination with the City's GIS department to modify the pre-screening reporting
process
• Development of draft templates for the quarterly and annual agency reporting
documents
• Development of an instruction manual to implement the RGP 54
www.anchorqea.com
Mr. Chris Miller, City of Newport Beach
December 15, 2015
Page 2
At this time, we are requesting $20,000 to continue supporting the RGP 54 program. The
exact level of effort and associated costs will be dependent on the City's requests during
actual implementation of the program — the cost presented herein was based on
approximately 50 hours in January 2016, 40 hours in February, and then tapering off to 10
hours per month through June 2016. We will bill on a time -and -materials basis, according to
our current rates (Attachment A). If amenable to this scope of work, we can coordinate the
appropriate contracting mechanism.
Please do not hesitate to contact me by phone at (949) 347-2780 or via email at
agale@anchorgea.com or if there are any questions or concerns with this scope of work.
Sincerely,
Steve Cappellino
Principal Scientist
Anchor QEA, LLC
Adam Gale
Managing Planner
Anchor QEA, LLC
EXHIBIT B
SCHEDULE OF BILLING RATES
Anchor QEA, LLC Page B-1
Anchor QEA, L.L.C.
2015 BILLING RATES
Professional Level Hourlv Rates
Principal.....................................................................................................................................
$230
SeniorManager..........................................................................................................................
$203
Manager......................................................................................................................................
$189
SeniorStaff ................................................................................................................................
$168
Staff3.........................................................................................................................................
$148
Staff2.........................................................................................................................................
$133
Staff1.........................................................................................................................................$112
SeniorCAD' Designer...............................................................................................................
$117
CADDesigner..............................................................................................................................$98
Technician....................................................................................................................................
$95
TechnicalEditor...........................................................................................................................$98
ProjectCoordinator......................................................................................................................$94
Special Hourly Rates
National expert consultant..........................................................................................................$377
All work by a testifying expert ........................................................1.5
times professional level rate
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour)...............................................................................................$10.00
Graphic Plots (varies with plot size)...................................................................................... $3-6/sf
Mileage (per mile)..................................................................................... Current Federal Standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants......................................................................................................
10%
Travel and other direct costs......................................................................................................
10%
Fieldequipment & supplies .......................................... --.................................................
......... 10%
I CAD= Computer Aided Design
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this 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 each accident.
Anchor QEA, LLC Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services
to be performed in connection with this Agreement, in the minimum
amount of one million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the Effective Date of
this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three years after completion of
the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this 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 from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required,
but not including professional liability, shall provide or be endorsed to
provide that City and its officers, officials, employees, and agents shall
be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. 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
Anchor QEA, LLC Page C-2
require complete, certified copies of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any
time during the term of the Agreement to change the amounts and
types of insurance required by giving Consultant sixty (60) calendar
days advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to
be all inclusive, or to the exclusion of other coverage, or a waiver of
any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for
higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these
requirements unless approved by City.
F. City Remedies for Non -Compliance. If Consultant or any
subconsultant fails to provide and maintain insurance as required
herein, then City shall have the right but not the obligation, to purchase
such insurance, to terminate this Agreement, or to suspend
Consultant's right to proceed until proper evidence of insurance is
provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by
Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
Anchor QEA, LLC Page C-3
H.
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and
prosecution of the Work.
Anchor QEA, LLC Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1/7/16 Dept./Contact Received From: Raymund
Date Completed: 1/7/16 Sent to: Raymund By:
Company/Person required to have certificate: Anchor
Type of contract:
Public Works
Chris/Alicia
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/15 to 10/10/16
A. INSURANCE COMPANY: Travelers Indemnity Company of America
B. AM BEST RATING (A-: VII or greater): A++; XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ❑ Yes ® No
D. LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
INSURANCE COMPANY: Travelers Indemnity Company of America
include): Is it included? (completed Operations status does
B.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
ADMITTED COMPANY (Must be California Admitted):
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
F.
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
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/15 to 10/10/16
A.
INSURANCE COMPANY: Travelers Indemnity Company of America
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): ® NIA
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ NIA
® Yes ❑ No
H.
NOTICE OF CANCELLATION: 0 N/A
0 Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/10/15 to 10/10/16
A.
INSURANCE COMPANY: Travelers Indemnity Company of America
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
❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
❑ N/A ® Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
Approved:
1/7/16
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 $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approved Non -Admitted status of GL Auto & Workers Comp carriers on 4/20/15.
Approved:
Risk Management Date
* Subject to the terms of the contract.
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, L.P. FOR
RGP-54 PERMIT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
\t entered into as of this 27th day of June, 2013 ("Effective Date"), by and between the
1 CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and ANCHOR QEA, L.P., a California limited partnership ("Consultant"), whose
address is 27201 Puerta Real, Suite 350, Mission Viejo, CA 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 desires to engage Consultant to provide consultant services to secure the
City of Newport Beach's Regional General Permit (RGP) 54 for 2014 ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within 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 Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the 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 Seventy Six Thousand Six Hundred Sixty Dollars ($476,660.00), 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Anchor QEA, L.P. Page 2
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
5.9 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Harbor Resources Manager or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
Anchor QEA, L.P. Page 3
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
b�-:Uelq
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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
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 or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
Anchor QEA, L.P. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
Anchor QEA, L.P. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (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 written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
Anchor QEA, L.P. Page 6
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
Anchor QEA, L.P. Page 7
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Chris Miller, Harbor Resources Manager
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Cappellino
Anchor QEA, L.P.
27201 Puerto Real, Suite 350
Mission Viejo, CA 92691
Anchor QEA, L.P. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
Anchor QEA, L.P. Page 9
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. if any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govem this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' l=ees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
4 ! ~ Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: (�
By: A.�
Aaron C. Harp
City Attorney
ATTEST: q
Date:
By:wm�
'
P��—
Leilani I. Brown
City Clerk __.,d
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: Anchor QEA, L.P., a
California im�ed partnership
Date: 712-//1,
MM
,9tev�appenmo
General Partner
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, L.P. Page 11
EXHIBIT A
SCOPE OF SERVICES
Anchor QEA, L. P, Page A-1
kZANCHOR
OEA`�"
(b�.1. .. V°f'..•, ' �. fuel `�.-a"-•i
June 13, 2013
Chris Miller
Harbor Resources Manager
City of Newport Beach
829 Harbor Island Drive
Newport Beach, California 92660
Subject: Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Updated Costs
Dear Mr. Miller:
Anchor QEA, L.P., is pleased to present an updated cost estimate for consultant services to
secure the City of Newport Beach's (City's) Regional General Permit (RGP) 54 for 2014. The
revised cost estimate assumes a worst case scenario based on additional sampling
requirements imposed by the agencies as part of the regulatory process and an additional task
to support the City in finalizing the Newport -Specific Eelgrass Plan.
The updated cost reflects 10 sampling days, seven composite samples and associated
laboratory fees, preliminary metals analysis on 28 samples to determine the final compositing
scheme, and z -layer analysis at each of the seven proposed composite areas. The previous
proposal assumed 5 sampling days; however, the sampling approach and number of sampling
locations were revised based on comments received at the Dredged Material Management
Team (DMMT) meeting on April 24, 2013, and subsequent communication with U.S.
Environmental Protection Agency (USEPA). The revised sampling program includes 58
stations within five composite areas; however, two of these areas were subdivided pending
the results of preliminary metals analysis. Because the proposed permit allows for a deeper
maximum dredge than previous RGP 54 renewals, the DMMT requested that two vertical
profiles be assessed during this sediment characterization. Segmenting cores based on two
vertical profiles increases processing time but also may increase the number of cores per
www.anchorqea.com
Mr. Chris Miller
June 13, 2013
station to obtain sufficient sediment volume for analysis. Preliminary metals analysis will be
performed on each vertical composite to determine if sediment conditions are similar and.
both segments can be combined for testing.
As requested, we are proposing an additional task to support the City in finalizing the
Newport -Specific Eelgrass Plan and obtaining regulatory approval of the plan from the
appropriate agencies, independent of the RGP 54 permitting process. This approach is
consistent with our recent conversations with the U.S. Army Corps of Engineers regulatory
project manager. An additional task description and estimated cost is included for preparing
the California Environmental Quality Act (CEQA) environmental document in support of
the Newport Specific Eelgrass Plan.
We believe this revised cost estimate is a conservative estimate that will allow for
contingencies during the regulatory process to secure RGP 54 for 2014. We appreciate the
opportunity to provide this proposal and welcome the City's comments or the opportunity to
discuss our strategy or costs in person. This project is a very exciting, and we look forward to
seeing it through to completion.
Sincerely,
Steve Cappellino
Principal Scientist
Anchor QEA, L.P.
kZANCHOR
QEA
CONSULTANT SERVICES FOR SECURING
CITY OF NEWPORT BEACH
REGIONAL GENERAL PERMIT 54
27201 Puerta Real, Suite 350
Mission Viejo, California 92691
Phone 949.347.27$0
www,anchorgea.com
ANCHOR QEA REVISED COST ESTIMATE, RATE SHEET, AND COST ASSUMPTIONS
Task 1: Sediment Characterization Process
Task 1A — Develop Sampling and Analysis Plan and Dredged Material
Management Team Process
Anchor QEA developed a Sampling and Analysis Plan (SAP) for the City of Newport Beach
(City) that details the sampling and analysis strategy for meeting sediment characterization
requirements of Regional General Permit (RGP) 54. The SAP was prepared in accordance
with the Evaluation for Dredged Material Proposed for Ocean Disposal — Testing Manual
(CTM) and the Evaluation ofDredged Material Proposed for Discharge in Waters of the U.S,
--Lnland Testing Manual (ITM). It includes procedures for sediment sample collection,
sample handling, physical and chemical analyses, biological testing, quality assurance/quality
control (QA/QQ, and data analysis. A project map is included with sampling locations and
subareas. The draft SAP was presented to the Dredged Material Management Team (DMMT)
on April 24, 2013, at the monthly DMMT meeting. Based on comments received at the
meeting, the sampling approach and station locations were revised in coordination with U.S.
Environmental Protection Agency (USEPA). The final SAP was completed, with included
significant changes such as a phased testing approach, testing of multiple vertical horizons,
additional sampling locations, and reorganization of the composite areas. A memorandum
has been prepared for the USEPA that summarizes the phased, testing approach and station
locations. The memorandum is provided as Attachment A. This cost estimate includes
additional costs for this task based on the increased effort to revise the sampling approach,
finalize the SAP, prepare a memorandum for the USEPA, and coordinate with the regulatory
agencies. Approval of the revised sampling approach will be requested from the USEPA
prior to conducting field sampling.
Consultant Services for Securing the city of Newport Beach
Regional General Permit 54 — Revised Scope of Work
June 2013
Page 2
Task 1B — Mobilize Field Equipment and Collect Sediment Samples
Anchor QEA will conduct sediment sampling at 58 stations, including 28 stations previously
sampled during the 2000 and 2005 programs. Thirteen stations were added following the
April DMMT meeting, as requested by the USEPA. Five distinct composite areas have been
identified for sampling activities, including the four areas tested in 2000 and 2005, and a new
area west of the turning basin and the expansion of coverage into Promontory Bay. As
requested by the DMMT, Areas I and 4 have been divided into two subareas (Areas I and
lb and Areas 4a and 4b), resulting in seven potential composite samples for testing. If
preliminary metals analysis indicates these subareas are similar, then they will be combined
for full Tier III testing.
Sediment cores will be collected using an electric vibracore to the proposed maximum dredge
depth (-10 feet mean lower low water [MLLWI) plus 2 feet of overdepth allowance. In
addition, the z -layer depth will be collected to characterize the new surface layer. Because
the proposed permit for 2014 allows for a deeper maximum dredge depth, the DMMT
requested that two vertical profiles be assessed during this sediment characterization. The
upper profile will consist of sediment from the surface to -8 feet MLLW, which is the depth
characterized as part of previous RGP 54 renewals (-7 feet MLLW plus 1 foot of allowable
overdepth). The lower profile will consist of sediment from -8 to -12 feet MLLW (proposed
maximum dredge depth plus 2 feet of overdepth), which is the depth not previously
characterized as part of previous RGP 54 renewals. Preliminary metals analysis will be
performed to determine if these depths are similar and can be combined to create one
composite sample for full Tier III testing. This analysis will be performed on a total of 28
samples, consisting of vertical composites, subareas, and selected individual cores to
determine the final compositing scheme.
Based on the revised sampling approach, it is anticipated that multiple cores will be required
at each station to obtain sufficient volume to create final composite samples for analysis.
Segmenting cores based on vertical layers will also increase processing time in the field.
Reference sediment will be collected from the LA -3 reference site and used for comparative
purposes. Site water will be collected and used to create elutriate samples for bioassay
testing. This task includes costs associated with mobilization and demobilization of
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Revised Scope of Work
June 2013
Page 3
equipment and use of sampling vessels. It also includes costs for exploratory core sampling
performed west of the turning basin and Promontory Bay in March 2013. These areas were
not included as part of previous RGP renewals; therefore, sediment conditions were
unknown. The information obtained during the preliminary investigation was used in the
development of the sampling approach.
Assumptions:
• Three Anchor QEA personnel will spend 10 days in the field to perform vibracore
sampling.
• Our subcontractor, Leviathan Environmental Services, LLC, will provide vibracore
equipment and a sampling vessel.
• Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3 using a
pipe dredge.
Task 1C -- Conduct Sediment Laboratory Analysis
Twenty-eight samples will be submitted for preliminary metals analysis. Based on these
results, final composite samples will be created at the Pacific EcoRisk (PER) laboratory.
Costs assume that seven final composite samples will be created for full Tier III testing;
however, this number could be less. Up to seven composite samples and the LA -3 reference
sample will be submitted for sediment chemistry and biological testing. In addition, it is
assumed that seven z -layer samples will be submitted for sediment chemistry. All testing
will be performed according to OTM and ITM guidelines.
Sediment and tissue chemistry and biological testing will be performed by our
subcontractors, Calscience Environmental Laboratories, Inc. (Calscience) and PER,
respectively. Sediment chemistry of composite and reference samples will include grain size,
total organic carbon, ammonia, sulfides, metals, polycyclic aromatic hydrocarbons (PAHs),
polychlorinated biphenyl (PCB) congeners, organochlorine (OC) pesticides, organotins, and
pyrethroids. Sediment chemistry of z -layer samples will include metals, PCB congeners, and
pesticides; however, the analyte list is subject to DMMT approval. Biological testing for
ocean disposal will include solid phase (SP) and suspended particulate phase (SPP) bioassays
and bioaccumulation tests.
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Revised Scope of Work
June 2013
Page 4
Upon completion of bioaccumulation testing, tissue samples will be submitted for chemical
analysis. The final analyte list for tissue samples will be established based on sediment
chemistry results and consultation with the USEPA. Based on previous RGP data, this cost
estimate assumes that mercury and OC pesticides will require analysis; however, the analyte
list is subject to DMMT approval. Anchor QEA will negotiate a reduced analyte list with the
appropriate regulatory agencies following the initial sediment testing. We will perform data
validation to ensure sediment and tissue chemistry meets the project data quality objectives.
Assumptions:
• Complete analyte list for sediment samples will be subject to DMMT approval.
• Costs are typically based on constituents analyzed for dredge material assessments
within USEPA Region IX.
• Z -layer analysis will include metals, PCB congeners, and pesticides; however, the
analyte list is subject to DMMT approval.
• Tissue analysis will include mercury and OC pesticides; however, the reduced analyte
list is subject to USEPA approval.
• Samples will be archived at Calscience for 6 months,
Task 1D — Develop Sampling and Analysis Report and Dredged Material
Management Team Process
Anchor QEA will prepare a Sampling and Analysis Report (SAR) that documents all activities
associated with collecting, processing, and analyzing sediment samples. The SAR will
include chemical and biological results, statistical analyses, QA/QC summaries, and
suitability assessments. Chemistry results will be compared to the reference sediment and
appropriate sediment quality guidelines. Biological results will be compared to reference
sediment and appropriate laboratory controls. A project map will be included with actual
sampling locations. Sediment core logs, chain -of -custody forms, laboratory reports, and data
validation reports will be included as appendices. We will represent the project at a DMMT
meeting to obtain final concurrence on dredge material suitability.
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Revised Scope of work
June 2013
Page 5
Task 2: Regulatory Approval Process
Task 2A — Conduct Regulatory Agency Pre -Application Meeting
Anchor QEA conducted a pre -application meeting with the regulatory agencies immediately
upon authorization to perform this work. The pre -application meeting served to notify the
agencies of the timing of permit application submittal and the City's proposed timeline for
permit issuance. The meeting also served as an opportunity to discuss the rationale behind
the specific terms of the City's proposed permit and to solicit agency feedback on those
terms. This communication was extremely valuable for educating agency staff about the
importance of RGP 54 and for developing more robust applications that address the specific
needs of the agencies. This task accounted for a single multi -agency meeting held at the U.S.
Army Corps of Engineers' (USACE's) office in Los Angeles in which other agency staff were
able to participate in person or by teleconference.
Task 2B — Prepare Regulatory Permit Applications
Based on our experience with similar efforts in southern California and our understanding of
the history and current status of RGP 54, a California Coastal Commission (CCC) Coastal
Development Permit (CDP), USACE Standard Individual Permit, Regional Water Quality
Control Board (RWQCB) Section 401 Water Quality Certification will be required.
After submittal of applications, Anchor QEA will continue to coordinate closely with the
regulatory agencies as part of their permit application review processes. This task includes
regular communication with agency staff via meetings, telephone calls, and email to
maintain the overall project schedule. We will respond to requests from agency staff for
additional information and facilitate coordination between. agency staff reviewing the permit
applications and staff involved in the sediment suitability determination process through the
DMMT. This task also includes review of draft permits and approvals and negotiation of
their terms.
To facilitate the CCG review and approval process, Anchor QF.A will prepare draft sections
of the staff report for use by the CCC and attend the public hearing in which the CCC will
make a decision on this project. This scope of work also includes the possibility of using
Dave Neish, if needed, from DBN Planning (DBN) as part of the CDP process. DBN has been
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Revised Scope of Work
June 2013
successful in negotiating major changes in the conditions of approval for a project and in all
cases strives to produce a staff recommendation for approval with conditions that can be
accepted by the applicant.
To facilitate the USACE review and approval process, Anchor QEA will prepare a draft
National Environmental Policy Act (NEPA) Environmental Assessment for use by the
USACE and prepare draft responses to comments received on the USACE's public notice for
this project.
Each permit application is described in further detail below and is based on the following
assumptions:
• The City has determined that activities authorized under the new RGP 54 will be
categorically exempt from the California Environmental Quality Act (CEQA), and no
additional CEQA action will be required. The City will prepare the required
documentation and provide it to Anchor QEA. Note that this assumption does not
apply to the Newport -Specific Eelgrass Plan (Plan).
• Anchor QEA will act as the City's agent to communicate directly with the regulatory
agencies and will facilitate obtaining permits and approvals.
• Draft documents will be provided electronically to the City for review prior to
submittal to the agencies. Anchor QEA will prepare one draft for review.
• All documents submitted to the agencies will be completed according to state and
federal standards.
• All permit fees will be paid by the City.
• Additional technical studies, such as directed market research, or biological studies,
are not included in this task.
Coastal Development Permit
Anchor QEA will submit a complete CDP application, including required supplemental
information, to the CCC and will respond to requests for additional information from CCC
staff as it reviews the application.
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54— Revised Scope of Work
June 2013
Page 7
Standard Individual Permit
Anchor QEA will submit a complete Standard Individual Permit application to the USACE.
We will prepare a draft public notice use by the USACE. Our fee also includes development
of supporting Endangered Species Act and Essential Fish Habitat (ESA/EFH) information as
part of the application. We will also prepare a draft letter for submittal to the CCC that
requests a federal Coastal Zone Management Act (CZMA) consistency determination
(required for ocean disposal of dredged material).
Section 401 Water Quality Certification
Anchor QEA will submit a Clean Water Act Section 401 Water Quality Certification
application to the RWQC$.
Task 2C — Implement Newport Specific Eelgrass Flan
Anchor QEA will support the City with obtaining approval of the Plan by the regulatory
agencies. We understand based on conversations with City staff and Wetland Research
Associates, Inc. (WRA) that the current plan has been reviewed and conceptually approved
by various agencies, although some important questions persist regarding implementation.
We do not intend to modify the plan significantly such that it would jeopardize the overall
project schedule and approval of the Plan; rather, we will revisit certain aspects of the draft
Plan that would hinder future use by the City and its applicants and set a had precedent for
eelgrass mitigation policy. We understand that other consultants have managed
development of the Plan and that success of the Plan requires the combined effort of the
entire project team. We request an active role in all eelgrass negotiations and the remaining
phases of the Plan to ensure success. This task assumes the following:
• Three Anchor QEA personnel will attend five agency meetings.
• Anchor QEA will attend 10 regular team conference call to provide status updates and
strategic planning.
• Anchor QEA will review all drafts and/or sections of the Plan as requested.
• Anchor QEA is not the author of the Plan but will support the City in moving the
Plan through the regulatory agency approval process, as requested, and in accordance
with the terms outlined in this task.
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Revised Scope of Work
June 2013
Newport -Specific Eelgrass Plan CEQA Document (Provided as information only
and not included as part of this Scope of Work)
If requested, Anchor QEA can provide a separate scope of work for preparation of an Initial
Study (IS) and Negative Declaration (ND) to comply with requirements of CEQA for
adoption of the Plan. The City would act as the CEQA lead agency and would make the final
determination of the appropriate level of CEQA review. We would prepare an
administrative draft of the CEQA document, incorporate all City comments in the
Administrative Draft IS, produce a public Draft IS, and facilitate publication of the Notice of
Availability (NOA) of the Public Draft, if required. Following completion of the public
review period, we would assist the City in revising the CEQA document in response to
comments received to produce the final CEQA document for City approval. Compliance
with CEQA is anticipated to take approximately b to 9 months to complete, following final
negotiation of the plan. It is likely that state agencies including the CCC and RWQCB, will
not approve the Plan until the City has completed the CEQA process.
This task includes the following assumptions:
• Anchor QEA will provide support to the City in management of all CEQA
administrative tasks, including the preparation of mailings and notices.
• Anchor QEA will attend two City Council meetings for the CEQA document, as
needed.
* Anchor QEA will attend up to four meetings with the City at critical parts of the
CEQA process.
• Document filing fees and newspaper advertising fees will be billed directly to the City
and are not included in this scope of work.
• A Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) will
not be required for the Plan. If an MND or EIR is required, an updated cost estimate
for this task will be provided.
• Anchor QEA will respond to a reasonable amount of public comments.
The cost to complete this task would be $73,400.
Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Revised Scope of work
June 2013
Page 9
SCHEDULE
Anchor QEA will begin this scope of work immediately upon authorization to proceed from
the City. The draft SAP was initially prepared in time for presentation at the April DMMT
meeting and is currently being updated. All permit applications are anticipated to be
submitted to the agencies in May 2013. To accomplish this goal, we will coordinate closely
with the City to expedite preparation and submittal of the applications.
►Ill.:: • •
Anchor QEA is requesting authorization to proceed with the scope of work as previously
described, with a not -to -exceed cost of $476,660 (see Table 1). We will perform these tasks
on a time -and -materials basis, according to our attached rate sheet (Attachment l3). A
detailed cost breakdown is provided as Attachment C. We will only bill for time and
materials actually expended.
Table 1
Estimated Costs
Task
Description
Amount
Requested
1
Sediment Characterization Process
1A
Develop Sampling and Analysis Plan and Dredged Material
Management Team Process
$34,993
1B
Mobilize Field Equipment and Collect Sediment Samples
$115,527
iC
Conduct sediment Laboratory Analysis
$163,289
1D
Develop Sampling and Analysis Report and Dredge Material
Management Team Process
$25,917
Task 1 Subtotal
$339,726
2
Regulatory Approval Process
2A
Conduct Regulatory Agency Pre -Application Meeting
$9,991
2B
Prepare Regulatory Permit Applications
$94,502
2C
implement Newport Specific Eelgrass Plan
$32,441
Task 2 Subtotal
$136,934
Total
1 $476,660
ATTACHMENT A
SUMMARY OF REVISIONS TO SAMPLING AND ANALYSIS PLAN FOR
RGP 54 SEDIMENT CHARACTERIZATION
ANCHOR
OEA
26300 to Alameda, Suite 240
Mission Viejo, California 92691
Phone 949.347.2780
Fax 949.334.9646
www.anchorgea.com
Tot Allan Ota, U.S. Environmental Protection Agency; Gate: May 29, 2013
Cori Farrar, U.S. Army Corps of Engineers; Jack
Gregg, California Coastal Commission
From: Shelly Anghera, Ph.D.; Steve Cappellino; and Project: 130243-01.01
Chris Osuch, Anchor QEA, L.P.
CC: Chris Miller, City of Newport Beach
Re: Summary of Revisions to Sampling and Analysis Plan for RGP 54 Sediment
Characterization
INTRODUCTION
The City of Newport Beach (City) is proposing to renew Regional General Permit (RGP) 54
for maintenance dredging in Newport Bay, California. The current RGP 54 will expire in
March 2014, and a new sediment investigation is required to support the renewal. A
Sampling and Analysis Plan (SAP) was developed to document procedures and methods that
will be used during the investigation to evaluate the suitability of proposed dredged material
for beach replenishment and ocean disposal. The draft SAP was presented to the Dredged
Material Management Team (DMMT) on April 24, 2013, at the monthly DMMT meeting.
Based on comments received at this meeting, the sampling approach and stations locations
were revised in coordination with the U.S. Environmental Protection Agency (USEPA). This
memorandum presents a summary of the sampling approach and, sampling locations.
SAMPLING APPROACH
Vertical Profiles
The proposed permit for 2014 allows for a deeper maximum dredge depth of -10 feet MLLW
plus 2 feet of allowable overdepth.' Because these deeper depths have not previously been
evaluated or dredged under the RGP 54 program, the DMMT requested that two vertical
profiles be assessed during this sediment characterization in areas previously evaluated (e.g.,
The draft SAP lists only 1 foot of allowable overdepth. The SAP has been updated to include 2 feet, including
I foot paid and 1 foot unpaid, as discussed at the April DMMT meeting. With changes to dredge depths and
volumes under the proposed permit, it is anticipated that larger dredge equipment may be used. This
overdepth is consistent with other individually permitted projects within Newport Bay.
Dredged Material Management Team
May 29, 2013
Page 2
Areas 1, 2, 3, and 4). The upper profile will consist of sediment from the surface to -8 feet
mean lower low water (MLLW), which is the depth characterized as part of previous RGP 54
renewals (-7 feet MLLW plus 1 foot of allowable overdepth). The lower profile will consist
of sediment from -8 to -12 feet MLLW (proposed maximum dredge depth plus 2 feet
overdepth), which is the depth not previously characterized as part of previous RGP 54
renewals. Preliminary analysis will be performed to determine if these depths are similar
and can be combined to create one composite sample for full Tier III testing. The
preliminary analysis is described as part of the phased testing approach in subsequent
sections.
Phased Testing Approach
Testing for the RGP 54 renewal will be performed based on a phased approach. Phases I and
II will consist of preliminary analysis to better refine the compositing scheme. Phase III will
consist of full flier III testing on the final composite samples. The phased approach is
described in more detail below.
Phase I — Preliminary Metals Analysis on Selected Stations
Phase I will consist of preliminary metals analysis on selected stations that potentially
contain elevated levels of contaminants to determine if they should be included in the
composite area or eliminated from further testing. Metals will be analyzed on four stations
within Balboa Yacht Basin and Promontory Bay (Stations 4-12, 4-14, 4-15, and 4-16) and
three stations within West Lido Channel (Stations 1-1, 1-4, and 1-5). Balboa Yacht Basin and
Promontory Bay are new to the RGP 54 program, and therefore, it is unknown if
concentrations of contaminants are elevated. West Lido Channel had elevated mercury
detected in the previous investigation (Newfields 2012). If concentrations of metals within
these individual stations are less than effects range median (ERM) values (Long et al. 1995)
and the USEPA recommended threshold for mercury (1.0 milligrams per kilograms [mg/kg]),
then they will be composited with the other stations within the area. If concentrations are
elevated, then these stations will be eliminated from further testing and excluded from the
RGP.
Dredged Material Management Team
May 29, 2013
Page 3
Phase 11 — Preliminary Metals Analysis on Vertical Composites
Following the initial metals analysis on selected stations, a total of 12 vertical composites will
be created, consisting of sediment from the upper and lower profile from each area (Areas 1a,
lb, 2, 3, 4a, and 4b). Preliminary metals analysis will be performed on each vertical
composite to determine the final compositing scheme. If preliminary testing indicates each
profile within an area is similar, then sediment from both depths will be combined to create
one composite sample for Phase IIS testing. As requested by the DMMT, Areas 1 and 4 were
each divided into two subareas (Areas la and lb and Areas 4a and 4b). If the preliminary
metals analysis indicates these subareas are similar, then they will be combined for Phase III
testing. Table 1 presents a summary of preliminary metals analysis conducted in Phases I and
II. Based on results of Phases I and 11, a proposed compositing scheme consisting of five to
seven final composite samples will be submitted to the USEPA for approval prior to full Tier
III testing in Phase III.
Table 1
Summary of Preliminary Metals Analysis Conducted in Phases i and II
Phase
Area
Station
Vertical Profile
Preliminary Analysis
1a
1-1
Top
Metals
_
Bottom
Metals
1-4
Top
Metals
Bottom
Metals
1-5
Top
Metals
Bottom
Metals
Phase)
4b
4-12
Top
Metals
Bottom
Metals
4-14
Top
Metals
_
Bottom
Metals
4-15
Top
Metals
Bottom
Metals
4-16
Top
Metals
Bottom
Metals
Subtotal
g4
Dredged Material Management Team
May 29, 2013
Page 4
Phase
Area
Station
Vertical Profile
Preliminary Analysis
Area 1a
Composite
Top
Metals
Bottom
Metals
Area 1b
Composite
Top
Metals
Bottom
Metals
Area 2
Composite
Top
Metals
Bottom
Metals
Phase II
Area 3
Composite
Top
Metals
Bottom
Metals
Area 4a
Composite
To
Metals
Bottom
Metals
Area 4b
Composite
Top
Metals
Bottom
Metals
Subtotal
12
Total Samples
26
Phase 111— Full Tier 111 Testing
Phase III will be initiated following creation of final composite samples for each area. Phase
III will consist of full Tier III testing for ocean disposal, including physical and chemical
analyses and biological testing. Testing will be performed in accordance with Evaluation for
Dredged Material Proposed for Ocean Disposal — Testing Manual (OTM; USEPA/USACE
1991.) and the Evaluation of Dredged Material Proposed for Discharge in Waters of the US. —
Inland Testing Manual (ITM; USEPAtUSACE 1998).
SAMPLING LOCATIONS
Fifty-eight stations were identified within Newport Bay for sediment core sampling. Figure
3 of the SAP (Attachment A) shows an overview of the composite area boundaries and
proposed sampling locations. A detailed view of each area is shown on Figures 4 through 8
in the SAP (Attachment A). Station locations were chosen in coordination with the USEPA
with the objective of representing, as accurately as possible, the physical and chemical
characteristics of sediments that may be dredged under RGP 54. Thirteen stations were
added to the sampling program based on USEPA comments following the April DMMT
meeting. Target coordinates, mudline elevations, and target core lengths for each station are
presented in Table 2.
Dredged Material Management Team
May 29, 2013
Page 5
Table 2
Target Coordinates, Mudline Elevations, and Target Core Lengths for Proposed Sampling
Locations
Area
Station
ID
Latitude
(Degrees,
Decimal
Minutes)i
Longitude
(Degrees,
Decimal
Minutes)"
Mudline
Elevation
(feet MLLW)x
Project Depth
Plus
Overdepth
(feet MLLW)
Depth of
Z Layer
(feet)
Target
Core
Length
(feet)3
1-1
33 36.8340
117 55.5000
-S.7
-12
0.5
6.8
1-2
33 36.8749
117 55.4065
-5.2
-12
0.5
7.3
1-3
33 36.7203
117 55.3135
-5.4
-12
0.5
7.1
1-4
33 36.7013
117 55.4243
-5.8
12
0.5
6.7
1-5
1 33 36.6358
117 55.4658
-4.6
-12
0.5
7.9
la
1-6
33 36.4998
117 55.2293
-4.1
-12
0.5
8.4
1-7
33 36.6596
117 55.1899
-4.2
-12
0.5
8.3
1-8
33 36.5860
117 54.8930
-4A
-12
O.5
8.5
1-9
33 36.4245
117 54.8853
-5.4
-12
O.5
7.1
1-10
33 36.5209
1_1_7 54.6632
-4.6
-12
O.5
7.9
1-11
33 37.1763
117 55.6896
-7.9
-12
0.5
4.6
1-12
33 37.1484
117 55.4519
-
-12
0.5
-
1-13
33 37.0212
117 55.4294
-4.0
-12
0.5
8.5
1-14
33 37.0540
117 55.2110
-5.4
-12
0.5
7.1
Ib
1-15
33 36.8823
117 55.1209
-5.2
-12
0.5
7.3
1-16
33 36.9501
117 54.9680
-5.0
-12
0.5
3336.7295
11754.7926
-5.1
-12
0.5
1-18
3336.8120
11754.6960
-5.5
-12
0.5
2-1
33 36.9074
11754.2333
-5.8
-12
0.5
L7.1-17
2-2
33 36.8226
117 54.1241
-5.2
-12
0.5
2-3
33 36.7273
11754.0727
-5.2
-12
0.5
2-4
33 36.6970
117 54.1910
-4.1
-12
0.5
8.4
2
2-5
33 36.6459
117 54.0736
-3.5
-12
0.5
9.0
2-6
33 36.6140
117 54.2010
-4.0
-12
0.5
8.5
2-7
33 36.9200
117 54.3870
-4.9
-12
O.S
7.6
2-8
33 36.7396
117 54.4617
-6.0
-12
0.5
6.5
3-1
33 37.0615
117 54.1381
-4.6
-12
0.5
7.9
3-2
33 37.1378
117 54.0665
-4.4
-12
0.5
8.1
3-3
33 37.1670
117 53.8960
-5.3
-12
05
7.2
3-4
33 37.1540
117 53.7430
-7.6
-12
0.5
49
3
3-5
33 37.2685
117 53.7510
-7.8
-12
0.5
4.7
3-6
33 37.3515
117 53.7897
-7.7
-12
0.5
4.8
3-7
33 37.3136
117 53.6166
-7.6
-12
0.5
4.9
3-8
3337.4619
11753.75S2
-4.2
-12
0.5
8.3
3-9
33 37.1863
117 53.5032
-4.2
-12
0.5
8.3
Dredged Material Management Team
May 29, 2013
Page 6
Area
Station
ID
Latitude
(Degrees,
Decimal
Minutes)'
Longitude
(Degrees,
Decimal
Minutes)'
Mudline
Elevation
(feet MLLW)2
Project Depth
Plus
Overdepth
(feet MLLW)
Depth of
Z Layer
(feet)
Target
Core
Length
(feet)3
4-1
33 36.0511
117 52.8686
-4.7
-12
0.5
7.8
4-2
33 36.0004
117 53.1228
3.0
-12
0.5
9.5
4-3
33 36.0669
117 53.7612
-4.2
-12
0.5
8.4
4a
4-4
33 36.2077
117 53.9797
-12
0.5
-
4-5
33 36.2545
117 53.7742
-
-12
0.5
4-6
33 36.2538
117 53.3953
-4.2
-12
0.5
8.3
4-7
33 36.2179
117 53.0801
12
0.5
4-8
33 36.4080
117 53.1960
-8.3
-12
0.5
_
4.2
4-9
33 36.5500
117 53.2590
-5.5
-12
0.5
7.0
4-10
33 36.3960
117 53.3380
-3.8
-12
1 0.5
8.7
4-11
33 36.5365
117 53.4513
-3.3-12
0.5
9.2
4-12
33 36.5790
127 53.5620
-4.8--
-- -12
0.5
7.7
4b
4-13
33 36.5310
117 53.8241
-6.4
-12
0.5
6.1
4-14
33 36.6060
117 53.7260
-6.612
0.5
5.9
4-15
33 36.6770
117S3.7040
-4.8
m -12
0.5
7.7
4-16
33 36.6860
117 53.8570
-5.4
-12
0.5
7.1
4-17
33 36.3733
117 53.9664
-4.1
42
0.5
8.4
4-18
33 36.3975
117 54.2375
-5.8
-12
0.5
6.7
5-1
33 37.1626
117 56.1048
-5.0
-12
0.5
7.5
5-2
33 37.2383
117 56.1647
-5.2
-12
0.5
7.3
5
5-
133 37.1964
117 55.9130
-4.8
-12
0.5
7.7
5-4
33 37.1269
117 55.9541
-4.5
-12
0.5
8.0
5-5
33 37.0214
117 55.8997
-4.7
-12
0.5
7.8
Notes:
1 North American Datum 1983
2 Mudline elevations are based on lead line measurements conducted by Anchor QEA on May 15 and 16, 2013.
Some stations were inaccessible; therefore, elevation data are not available.
3 Target core lengths include depth to achieve project depth plus overdepth plus z layer.
Dredged Material Management Team
May 29, 2013
Page 7
REFERENCES
Long et al. (Long, E.R., D.D. MacDonald, S.L. Smith, and F.D. Calder), 1995. Incidence of
Adverse Biological Effects within Ranges of Chemical Concentrations in Marine and
Estuarine Sediments. Environmental Management 19:81-97.
Newfields, 2012. Dredged Material Evaluation to Support the Renewal of Regional General
1'ermit-54. Sampling and Analysis Report. March 2012.
USEPA/USACE, 1991. Evaluation ofDredged Material Proposed for Ocean Disposal —
TestingManual. USEPA/USACE. USEPA 503/8-91/001, USEPA, Office of Water
(4504F).
USEPA/USACE, 1998. Evaluation ofDredged Material Proposed for Discharge in Waters of
the U.S. —Testing Manual• Inland Testing Manual (ITM. USEPAIUSACE. USEPA-
823-B-94-002. USEPA, Office of Water (4305).
Weston Solutions, Inc., 2005, Dredged Material Evaluation for the Renewal of ftional
General Permit -54. Newport Beach, California. November 2005.
ATTACHMENT A
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EXHIBIT B
SCHEDULE OF BILLING RATES
Anchor QEA, L.P. Page B-1
Anchor QEA
2013 BILLING RATES
Professional Level Hourlv Rates
Principal CM'fEngineer/LA2/Planner/Scientist........ -- ..... --- ................. ......... .....
.... ........ ---$219
Senior Managing Analyst/CM/Engineer/LA/Planner/Scientist .................................................$199
-- .......... ... -- ................ 10%
Managing Analyst/CM/Engineer/LA/Planner/Scientist............- ...............................................$180
..................................... 10%
Senior Analyst/CM/Engineer/LA/Planner/Scientist..................................................................$160
Staff 3 Analyst/CM/Engineer/LA/Planner/Scientist.. ... ......... .........
.............. ... $145
Staff 2 Analyst/CM/Engineer/LA/Planner/Scientist..................................................................$130
Staff 1 Analyst/CM/Engineer/LA/Planner/Scientist................... ........ - ......................
............... $110
SeniorCADS Designer .... .............. --............... ............................ ..... ....................................
..... $115
CADDesigner ................... .... --..... ......... ........... ....... .......... ................ ....... .............
................ ..... $98
Technician......................................................_....._....................................--............................$92
Technical Editor.. ....... ...... ..........
...... - ... -$98
ProjectCoordinator.._.._........................................--.........,.................................,....,................$92
Special Hourly Rates
National expert consultant....- ... ........................................... .... ....... ---- .......... ..... .................... $361
All work by a testifying expert—.. ............ - .......... .............. -- ...... 1.5 times professional level rate
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour).... .......... --- .... .......................................... ....... - ........ ........ .$10.00
Graphic Plots {varies with plot size} ..... ............ .......... ............................ --- ..... ......... ........... $3-6/sf
Mileage (per mile) ..... .... --.... ..... --............ ........ ........... - ................... ...... Current Federal Standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants--.................................................................................................
10%
Travel and other direct costs...-...... ......................................... ......
-- .......... ... -- ................ 10%
Fieldequipment & supplies .............. -................... ................................
..................................... 10%
This is a company confidential document.
I CM = Construction Manager
2 LA = Landscape Architect
3 CAD = Computer Aided Design
ATTACHMENT B
RATE SHEET
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager,
3, Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Anchor lE + • _
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers` compensation and other
endorsements as specified herein for each coverage. 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
Anchor
• R .1
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Anchor QEA, L.P. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/21/13
Dept./Contact Received From: Lucie
Date Completed: 5/21/13 Sent to: Lucie By-, Chns/Renee
Company/Person required to have certificate: Anchor CEA, LP
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/10/12-10/10/13
A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
ADMITTED COMPANY (Must be California Admitted):
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
COMPLETED OPERATIONS ENDORSEMENT (completed
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
(What is limits provided?) N/A
included?
® Yes ❑ No
1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
G.
Is not limited solely by their negligence) Does endorsement
❑ Yes ® No
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: 10/10/12-10/10/13
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
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
® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/10/12-10/10/13
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
X Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
X Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
X Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
X N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A X Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
6/24/13
Date
❑ N/A X Yes ❑ No
X N/A ❑ Yes ❑ No
IQNMN�NEN
04/ N
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
CITY OF
NEWPORT BEACH
City CouncH Staff Repot Agenda Item No. 5
June 25, 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: Professional Services Agreement with Anchor QEA, L.P., for
Consultant Services for Securing the City's Regional General
Permit No. 54
ABSTRACT:
Anchor QEA, L.P. (Anchor) is providing services for securing the City's Regional
General Permit which allows waterfront homeowners to dredge under their docks using
a simplified permitting process. In addition, Anchor will assist the City with the final
negotiations in obtaining approval of the City's Eelgrass Management Plan.
RECOMMENDATIONS:
1. Approve and execute the Professional Services Agreement with Anchor for securing
the City's Regional General Permit and for assistance with the City's Eelgrass
Management Plan.
2. Approve Budget Amendment No. 13BA- 047 appropriating $90,000.00
from the unappropriated Tidelands Fund balance to CIP Account No. 7231-
C4401001.
FUNDING REQUIREMENTS:
Anchor is proposing to perform services for securing the RGP-54 Permit and Eelgrass
negotiations for a not -to -exceed cost of $476,660.00. With approval of the budget
amendment funds are available in the FY 13-14 CIP budget.
DISCUSSION:
About every five years, the City secures a series of permits collectively referred to as
the Regional General Permit No. 54 ("RGP-54") through the Water Board, Army Corps
of Engineers and the California Coastal Commission. The RGP-54 greatly simplifies the
1 of 50
Professional Services Agreement with Anchor QCA, L.P., for Consultant Services for
Securing the City's Regional General Permit No. 54
June 25, 2013
Page 2
permitting process for the waterfront homeowner who wishes to dredge under their
dock. The City also benefits by using this permit for the various City beach
replenishment projects around the harbor, including areas such as Balboa Island, Grand
Canal and China Cove etc.
The City assumes the responsibility of negotiating with the regulatory agencies, as well
as testing the sediments to ensure compatibility for ocean and nearshore disposal —
tasks that are cumbersome and expensive requiring well over a year of planning,
execution and significant expense. The RGP-54 is only for nearshore dredging along
the harbor's perimeter, and does not include any deep water channel dredging.
In the Fall of 2012, staff sought the advice of the Harbor Commission to evaluate the
effectiveness of the RGP-54 and to determine if the current model for securing the
permit was still appropriate. These questions were raised because the residents have
decreased their usage of the permit largely due to the present state of the economy
(dredging can be expensive), and the regulatory restrictions on eelgrass (dredging
cannot occur within 15' of any eelgrass).
The Harbor Commission therefore formed a subcommittee who met with several key
community members to assist with a recommendation to staff. After evaluating
alternatives to the RGP-54, the subcommittee ultimately recommended to maintain the
current model (City provides the permit), as well as recommending some improvements
to the permit conditions that would increase its usefulness to the community. These
improvements include:
1. Increasing the dredge depth from - T to -10' Mean Lower Low Water.
2. Increasing the maximum per -address dredging event from 1,000 cubic yards
("cy") to 10,000 cy.
3. Increasing the harbor's annual maximum limit from 20,000 cy to 150,000 cy.
The subcommittee made their recommendations to the Harbor Commission who then
recommended to staff to proceed with Council approval for a contract.
Selection Process
The Harbor Resources Division invited five consulting firms that specialize in permitting
marine related projects to submit proposals as part of the Request for Proposal process.
Four proposals were received prior to the deadline of March 13, 2013. A review panel
consisting of Public Works staff and a Harbor Commissioner reviewed the proposals
and evaluated each firm's qualifications, past experience on similar projects, and
availability for this project. Based on the qualifications of the four firms, staff selected
Anchor to develop a sediment sampling plan and secure permits through the regulatory
agencies. Anchor's extensive background in permitting and sediment characterization
as well as their understanding of the City's specific harbor needs made them the top
2 of 50
Professional Services Agreement with Anchor QEA, L.P., for Consultant Services for
Securing the City's Regional General Permit No. 54
June 25, 2013
Page 3
candidate. The work will be performed for a not -to -exceed fee of $476,660.00 and the
schedule calls for completion by March 2014.
Scope of Services
Below are the specific tasks associated with this project. Please see the attached
proposal from Anchor for more details.
Task 1A: Develop a Sampling and Analysis Plan, and a Dredged Material
Management Team Process ($34,993)
Task 1 B: Mobilize Field Equipment and Collect Sediment Samples ($115,527)
Task 1C: Conduct Sediment Laboratory Analysis ($163,289)
Task 1D: Develop Sampling and Analysis Report and DMMT Process ($25,917)
Task 2A: Conduct Regulatory Agency Pre -Application Meeting ($9,991)
Task 26: Prepare Regulatory Permit Applications ($94,502)
Task 2C: Implement Newport Specific Eelgrass Plan ($32,441)
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15304, Class 4(g) (Minor
Alterations to Land — maintenance dredging when authorized by state and federal
regulatory agencies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the 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 b
avi A. Webb
Public Works Director
Attachments: A. Vicinity Map of Lower Newport
Sediment Sampling Sites
B. Professional Services Agreement
C. Budget Amendment
Bay with Composite Areas and
3 of 50
AM
. • - 044 - 4-7 p
i
S Ra:Aerlalhom&ngmapi Catlin from C4yof Newp*AU*A LEGEND:
HORROMAL DATUM: UM=o a6 P nq Zone 6, NAMg
VIRTIM DATUM: me an Iowa Iiw.s iMLLVI. O% -k SamPIin6 Luca[ions Alia is Arca 4a
ARa 26 qRi m i ia6a
Area 2 Area 5
-' -- Areas SdCP lai
%ANCHOR
QEA
ATTACHMENT A
Figure 3
Overview of Composite Area Boundaries and Sampling Locations
RGP 54 Sediment Chareaerization
Attachment B
PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR OEA, L.P. FOR
RGP-54 PERMIT
THIS PIR01=E=SSIONAL SERVICES AGREE=MENT ("Agreement") is made and
entered into as of this 27th day of June, 2013 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and ANCHOR OEA, L.P., a California limited partnership ("Consultant"), whose
address is 27201 Puerta Real, Suite 350, Mission Viejo, CA 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 desires to engage Consultant to provide consultant services to secure the
City of Newport Beach's Regional General Permit (RGP) 54 for 2014 ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within 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 Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
5 of 50
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set Porth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all Such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand-delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section and the 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 Seventy Six Thousand Six Hundred Sixty Dollars ($476,660.00), 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
UUTT
Anchor QEA, L.P. Page
Corripensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit D.
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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Harbor Resources Manager or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
Anchor QEA, L.P. Page'3
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforrns to the requirements of this Agreement, all applicable federal, state
and local laws, and the Highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
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 or willful misconduct of the Indemnified Parties. Nothing in this
Indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
Anchor QEA, L.P. Page -4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11, COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
- --
Anchor QEA, L.P. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture:
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (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 written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
Anchor QEA, L.P. Page 6
iLt�iZ�Pil�lti]k1ry iI�T��
All Documents, InGILldlng drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and Invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
Immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
Anchor QEA, L.P. Page 7
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to einploy other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, Including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Chris Miller, Harbor Resources Manager
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Cappellino
Anchor QEA, L.P.
27201 Puerto Real, Suite 350
Mission Viejo, CA 92691
Anchor QEA, L.P. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
Anchor QEA, L.P. Page 9
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, L.P. Page
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
Aaron C. Harp M b 6�1
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: Anchor QEA, L.P., a
California limited partnership
Date:
By: By:
Leilani I. Brown Steve Cappellino
City Clerk General Partner
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Anchor QEA, L.P. Page
EXHIBIT A
SCOPE OF SERVICES
1F n/5
Anchor QEA, L.P. Page A-1
/tNCf OR
GEA
2/201. Puerta Real, SW I v 350
Mission Viejo; California 92G9.1,
Phone 949.347.2780
June 13, 2013
Chris Miller
Harbor Resources Manager
City of Newport Beach
829 Harbor Island Drive
Newport Beach, California 92660
Subject: Consultant Services for Securing the City of Newport Beach
Regional General Permit 54 — Updated Costs
Dear Mr. Miller:
Anchor QEA, L.P., is pleased to present an updated cost estimate for consultant services to
secure the City of Newport Beach's (City's) Regional General Permit (RGP) 54 for 2014. The
revised cost estimate assumes a worst case scenario based on additional sampling
requirements imposed by the agencies as part of the regulatory process and an additional task
to support the City in finalizing the Newport -Specific Eelgrass Plan.
The updated cost reflects 10 sampling days, seven composite samples and associated
laboratory fees, preliminary metals analysis on 28 samples to determine the final compositing
scheme, and z -layer analysis at each of the seven proposed composite areas. The previous
proposal assumed 5 sampling clays; however, the sampling approach and number of sampling
locations were revised based on comments received at the Dredged Material Management
Team (DMMT) meeting on April 24, 2013, and subsequent communication with U.S.
Environmental Protection Agency (USEPA). The revised sampling program includes 58
stations within five composite areas; however, two of these areas were subdivided pending
the results of preliminary metals analysis. Because the proposed permit allows for a deeper
maximum dredge than previous RGP 54 renewals, the DMMT requested that two vertical
profiles be assessed during this sediment characterization. Segmenting cores based on two
vertical profiles increases processing time but also may increase the number of cores per
www.anchorryea.com
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Ivh. Chris Nriller
lune 13, 2013
Page
station to obtain sufficient sedinleru: volume for analysis. Preliminary mends analysis will be
performed on each vertical composite to determine if sediment conditions are similar and
both segments can be combined for testing.
As requested, we are proposing an additional task to support the City in finalizing the
Newport -Specific Eelgrass Plan and obtaining regulatory approval of the plan from the
appropriate agencies, independent of the RGP 54 permitting process. This approach is
consistent with our recent conversations with the U.S. Army Corps of Engineers regulatory
project manager. An additional task description and estimated cost is included for preparing
the California Environmental Quality Act (CEQA) environmental document in support of
the Newport Specific Eelgrass Plan.
We believe this revised cost estimate is a conservative estimate that will allow for
contingencies during the regtdatory process to secure RGP 54 for 2014. We appreciate the
opportunity to provide this proposal and welcome the City's comments or the opportunity to
discuss our strategy or costs in person. This project is a very exciting, and we look forward to
seeing it through to completion.
Sincerely,
Steve Cappellino
Principal Scientist
Anchor QEA, L.P.
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ANCHOR
OE A �-
CONSULTANT SERVICES FOR SECURING
CITY OF NEWPORT BEACH
REGIONAL GENERAL PERMIT 58
27201 Pller[a RCc11, Suite 350
Mlssloo Viejo, California 92697.
Phone 949.347.2780
www.ancl wrgea.coi 11
ANCHOR QEA REVISED COST ESTIMATE, RATE SHEET, AND COST ASSUMPTIONS
Task 2: Sediment Characterization Process
Task ZA — Develop Sampling and Analysis Plan and Dredged Material
Management Team Process
Anchor QEA developed a Sampling and Analysis Plan (SAP) for the City of Newport Beach
(City) that details the sampling and analysis strategy for meeting sediment characterization
requirements of Regional General Permit (RGP) 54. The SAP was prepared in accordance
with the Evaluation for Dredged Material proposed for Ocean Disposal — Testing Manual
(OTM) and the Evaluation ofDt edged Material Proposed for Discharge in Waters of the U.S.
—Inland Testing Manual (ITM). It includes procedures for sediment sample collection,
sample handling, physical and chemical analyses, biological testing, quality assurance/quality
control (QA/QC), and data analysis. A project map is included with sampling locations and
subareas. The draft SAP was presented to the Dredged Material Management Team (DMMT)
on April 24, 2013, at the monthly DMMT meeting. Based on comments received at the
meeting, the sampling approach and station locations were revised in coordination with U.S.
Environmental Protection Agency (USEPA). The final SAP was completed, with included
significant changes such as a phased testing approach, testing of multiple vertical horizons,
additional sampling locations, and reorganization of the composite areas. A memorandum
has been prepared for the USEPA that summarizes the phased testing approach and station
locations. The memorandum is provided as Attachment A. This cost estimate includes
additional costs for this task based on the increased effort to revise the sampling approach,
finalize the SAP, prepare a memorandum for the USEPA, and coordinate with the regulatory
agencies. Approval of the revised sampling approach will be requested from the USEPA
prior to conducting field sampling.
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ComiiIwit Services for Seciving the City of Newport Dench
Regional Gcnend 11crmit 54—Revised Scope of Work.
lunc 2013
Task 2(i — Mobilize rield Equipment and Collect Sediment Samples
Anchor QEA will conduct sediment sampling at 58 stations, including 28 stations previously
sampled during the 2000 and 2005 programs. Thirteen stations were added following the
April DMMT meeting, as requested by the USEPA. Five distinct composite areas have been
identified for sampling activities, including the four areas tested in 2000 and 2005, and a new
area west of the turning basin and the expansion of coverage into Promontory Bay. As
requested by the DMMT, Areas 1 and 4 have been divided into two subareas (Areas la and
lb and Areas 4a and 4b), resulting in seven potential composite samples for testing. If
preliminary metals analysis indicates these subareas are similar, then they will be combined
for full Tier III testing.
Sediment cores will be collected using an electric vibracore to the proposed maximum dredge
depth (-10 feet mean lower low water [MLLWJ) plus 2 feet of overdepth allowance. In
addition, the z -layer depth will be collected to characterize the new striate layer. Because
the proposed permit for 2014 allows for a deeper maximum dredge depth, the DMMT
requested that two vertical profiles be assessed during this sediment characterization. The
upper profile will consist of sediment from the surface to -8 feet MLLW, which is the depth
characterized as part of previous RGP 54 renewals (-7 feet MLLW plus 1 foot of allowable
overdepth). The lower profile will consist of sediment from -8 to -12 feet MLLW (proposed
maximum dredge depth plus 2 feet of overdepth), which is the depth not previously
characterized as part of previous RGP 54 renewals. Preliminary metals analysis will be
performed to determine if these depths are similar and can be combined to create one
composite sample for full Tier III testing. This analysis will be performed on a total of 28
samples, consisting of vertical composites, subareas, and selected individual cores to
determine the final compositing scheme.
Based on the revised sampling approach, it is anticipated that multiple cores will be required
at each station to obtain sufficient volume to create_ final composite samples for analysis.
Segmenting cores based on vertical layers will also increase processing time in the field.
Reference sediment will be collected from the LA -3 reference site and used for comparative
purposes. Site water will be collected and used to create elutriate samples for bioassay
testing. This task includes costs associated with mobilization and demobilization of
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Coasuluuit Services for Securing the City ol'Newporr (leach
Regional General Permit 54 — Revised Scope of Work
Junc2013
Page 3
equipment and use of sampling vessels. It: also includes costs for exploratory core sampling
performed west of the turning basin and Promontory Bay in March 2013. These areas were
not included as part of previous RGP renewals; therefore, sediment conditions were
unknown. The information obtained during the preliminary investigation was used in the
development of the sampling approach.
Assumptions:
a Three Anchor QEA personnel will spend 10 days in the field to perform vibracore
sampling.
o Our subcontractor, Leviathan Environmental Services, LLC, will provide vibracore
equipment and a sampling vessel.
Our subcontractor, Seaventures, Inc., will collect reference sediment at LA -3 using a
pipe dredge.
Task IC- Conduct Sediment Laboratory Analysis
Twenty-eight samples will be submitted for preliminary metals analysis. Based on these
results, final composite samples will be created at the Pacific EcoRislc (PER) laboratory.
Costs assume that seven final composite samples will be created for frill Tier III testing;
however, this number could be less. Up to seven composite samples and the LA -3 reference
sample will be submitted for sediment chemistry and biological testing. In addition, it is
assumed that seven z -layer samples will be submitted for sediment chemistry. All testing
will be performed according to OTM and ITM guidelines.
Sediment and tissue chemistry and biological testing will be performed by our
subcontractors, Calscience Environmental Laboratories, Inc. (Calscience) and PER,
respectively, Sediment chemistry of composite and reference samples will include grain size,
total organic carbon, ammonia, sulfides, metals, polycyclic aromatic hydrocarbons (PAHs),
polychlorinated biplienyl (PCB) congeners, organochlorine (OC) pesticides, organotins, and
pyrethroids. Sediment chemistry of z -layer samples will include metals, PCB congeners, and
pesticides; however, the analyte list is subject to DMMT approval. Biological testing for
ocean disposal will include solid phase (SP) and suspended particulate phase (SPP) bioassays
and bioaccumulation tests.
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Consulcmt Services for Securing the City of Newport 13eadl
Regional General .Permit 54 — Revised Scope of wort;.
lune 2013
Page 4
Upon completion of bioaccumuilation testing, tissue samples will be submitted for chemical
analysis. The final analyte list for tissue samples will be established based on sediment
chemistry results and consultation with the USEPA. Based on previous RGP data, this cost
estimate assumes that mercury and OC pesticides will require analysis; however, the analyte
list is subject to DMMT approval. Anchor QEA will negotiate a reduced analyte list with the
appropriate regulatory agencies following the initial sediment testing. We will perform data
validation to ensure sediment and tissue chemistry meets the project data quality objectives.
Assumptions:
o Complete analyte list for sediment samples will be subject to DMMT approval.
• Costs are typically based on constituents analyzed for dredge material assessments
within USEPA Region IX.
a Z -layer analysis will include metals, PCB congeners, and pesticides; however, the
analyte list is subject to DMMT approval.
U Tissue analysis will include mercury and OC pesticides; however, the reduced analyte
list is subject to USEPA approval.
U Samples will be archived at Calscience for 6 months.
Task 1D— Develop Sampling and Analysis Report and Dredged Material
Management Team Process
Anchor QEA will prepare a Sampling and Analysis Report (SAR) that documents all activities
associated with collecting, processing, and analyzing sediment samples. The SAR will
include chemical and biological results, statistical analyses, QA/QC summaries, and
suitability assessments. Chemistry results will be compared to the reference sediment and.
appropriate sediment quality guidelines. Biological results will be compared to reference
sediment and appropriate laboratory controls. A project map will be included with actual
sampling locations. Sediment core logs, chain -of -custody forms, laboratory reports, and data
validation reports will be included as appendices. We will represent the project at a DMMT
meeting to obtain final concurrence on dredge material suitability.
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Cousulraur Services for Securing the City of Newport Beach
Regional General Permit 5d—Rev ised Scope of work
June 2013
Page 5
i'aslc T_: Regulatory Approval Process
Task 2A — Conduct regulatory Agency Pre -Application Meeting
Anchor QEA conducted a pre -application meeting with the regulatory agencies immediately
upon authorization to perform this work. The pre -application meeting served to notify the
agencies of the timing of permit application submittal and the City's proposed timeline for
permit issuance. The meeting also served as an opportunity to discuss the rationale behind
the specific terms of the City's proposed permit and to solicit agency feedback on those
terms. This communication was extremely valuable for educating agency staff about the
importance of RGP 54 and for developing more robust applications that address the specific
needs of the agencies. This task accounted for a single multi -agency meeting held at the U.S.
Army Corps of Engineers' (USACE's) office in Los Angeles in which other agency staff were
able to participate in person or by teleconference.
Task 28 — Prepare Regulatory Permit Applications
Based on our experience with similar efforts in southern California and our understanding of
the history and current status of RGP 54, a California Coastal Commission (CCC) Coastal
Development Permit (CDP), USACE Standard Individual Permit, Regional Water Quality
Control Board (RWQCB) Section 401 Water Quality Certification will be required.
After submittal of applications, Anchor QEA will continue to coordinate closely with the
regulatory agencies as part of their permit application review processes. This task includes
regular communication with agency staff via meetings, telephone calls, and email to
maintain the overall project schedule. We will respond to requests from agency staff for
additional information and facilitate coordination between agency staff reviewing the permit
applications and staff involved in the sediment suitability determination process through the
DMMT. This task also includes review of draft permits and approvals and negotiation of
their terms.
To facilitate the CCC review and approval process, Anchor QE will prepare draft sections
of the staff report for use by the CCC and attend the public hearing in which the CCC will
make a decision on this project. This scope of work also includes the possibility of using
Dave Neish, if needed, from DBN Planning (DBN) as part of the CDP process. DBN has been
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Connd rani Services for Seeuitiog rhe City of Newport Beach
Regional General Permit 54 —1 Wviserl Scope of Worlc
Itmc "201:3
Page G
successfid in negotiating major changes in die conditions of approval for a project and in all
cases strives to produce a staff recommendation for approval with conditions that can be
accepted by the applicant.
To facilitate the USACE review and approval process, Anchor QEA will prepare a draft
National Environmental Policy Act (NEPA) Environmental Assessment for use by the
USACE and prepare draft responses to comments received on the USACE's public notice for
this project.
Each permit application is described in further detail below and is based on the following
assumptions:
0 The City has determined that activities authorized under the new RGP 54 will be
categorically exempt from the California Environmental Quality Act (CEQA), and no
additional CEQA action will be required. The City will prepare the required
documentation and provide it to Anchor QEA. Note that this assumption does not
apply to the Newport -Specific Eelgrass Plan (Plan).
C Anchor QEA will act as the City's agent to communicate directly with the regulatory
agencies and will facilitate obtaining permits and approvals.
o Draft documents will be provided electronically to the City for review prior to
submittal to the agencies. Anchor QEA will prepare one draft for review.
o All documents submitted to the agencies will be completed according to state and
federal standards.
• All permit fees will be paid by the City.
o Additional technical studies, such as directed market research, or biological studies,
are not included in this task.
Coastal Development Permit
Anchor QEA will submit a complete CDP application, including required supplemental
information, to the CCC and will respond to requests for additional information from CCC
staff as it reviews the application.
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C011SU I fanr Services for Securing rhe Gly of Newporc Beach
Regional General Permit 54 — Revised Scope of Work
June 7013
Page 'T
Standard Individual Permit
Anchor QEA will submit a complete Standard hidividual Permit application to the USACE.
We will prepare a draft public notice use by the USACE. Our fee also includes development
of supporting Endangered Species Act and Essential Fish Habitat (ESA/EFI-I) information as
part of the application. We will also prepare a draft letter for submittal to the CCC that
requests a federal Coastal Zone Management Act (CZMA) consistency determination
(required for ocean disposal of dredged material).
Section 402 Water Quality Certification
Anchor QEA will submit a Clean Water Act Section 401 Water Quality Certification
application to the RWQCB.
Task 2C— Implement Newport Specific Eelyrass Plan
Anchor QEA will support the City with obtaining approval of the Plan by the regulatory
agencies. We understand based on conversations with City staff and Wetland Research
Associates, Inc. (WRA) that the current plan has been reviewed and conceptually approved
by various agencies, although some important questions persist regarding implementation.
We do not inteld to modify the plan significantly such that it would jeopardize the overall
project schedule and approval of the Plan; rather, we will revisit certain aspects of the draft
Plan that would hinder future use by the City and its applicants and set a bad precedent for
eelgrass mitigation policy. We understand that other consultants have managed
development of the Plan and that success of the Plan requires the combined effort of the
entire project team. We request an active role in all eelgrass negotiations and the remaining
phases of the Plan to ensure success. This task assumes the following:
u Three Anchor QEA personnel will attend five agency meetings.
o Anchor QEA will attend 10 regular team conference call to provide status updates and
strategic planning.
o Anchor QEA will review all drafts and/or sections of the Plan as requested.
a Anchor QEA is not the author of the Plan but will support the City in moving the
Plan through the regulatory agency approval process, as requested, and in accordance
with the terms outlined in this task.
25 of 50
Cimsi.tItnnt Services Gir Securing the City oI,Newpan:l)eacII
Regional General Permit 54 — Revised Scope of W irk
lime 2013
Page 6
Newport -Specific Eelgrass Plan CEQA Document (Provided as information only
and not included as part of this Scope of Worlo
If requested, Anchor QEA can provide a separate scope of work for preparation of an Initial
Study (IS) and Negative Declaration (ND) to comply with requirements of CEQA for
adoption of the Plan. The City would act as the CEQA lead agency and would make the final
determination of the appropriate level of CEQA review. We would prepare In
administrative shaft of the CEQA docwuent, incorporate all City comments in the
Administrative Draft IS, produce a Public Draft IS, and facilitate publication of the Notice of
Availability (NOA) of the Public Draft, if required. Following completion of the public
review period, we would assist the City in revising the CEQA document in response to
comments received to produce the final CEQA document for City approval. Compliance
with CEQA is anticipated to take approximately 6 to 9 months to complete, following final
negotiation of the plan. It is likely that state agencies including the CCC and RWQCB, will
not approve the Plan until the City has completed the CEQA process.
This task includes the following assumptions:
• Anchor QEA will provide support to the City in management of all CEQA
administrative tasks, including the preparation of mailings and notices.
o Anchor QEA will attend two City Council meetings for the CEQA document, as
needed.
o Anchor QEA will attend up to four meetings with the City at critical parts of the
CEQA process.
o Document filing fees and newspaper advertising fees will be billed directly to the City
and are not included in this scope of work.
o A Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) will
not be required for the Plan. If an MND or EIR is requited, an updated cost estimate
for this task will be provided.
o Anchor QEA will respond to a reasonable amount of public comments.
The cost to complete this task would be $73,400.
26 of 50
Cot isulLai s Services Im Secui hip clic Cicy of Newport Ilcacb
Regional GCII91Nal Po uric 94— Rrvised Scopc of Wet Ic
little 2013
Page 9
SCHEDULE
Anchor QEA will begin this scope of work immediately upon authorization to proceed from
the City. The draft SAP was initially prepared in time for presentation at the April DMMT
meeting and is currently being updated. All permit applications are anticipated to be
submitted to the agencies in May 2013. To accomplish this goal, we will coordinate closely
with the City to expedite preparation and submittal of the applications.
SUMMARY OF COSTS
Anchor QEA is requesting authorization to proceed with the scope of work as previously
described, with a not -to -exceed cost of $$476,660 (see Table 1). We will perform these tasks
on a time -and -materials basis, according to our attached rate sheet (Attachment B). A
detailed cost breakdown is provided as Attachment C. We "vill only bill for time and
materials actually expended.
Table 1
Estimated Costs
Task
Description
Amount
Requested
1
Sediment Characterization Process
1A
Develop Sampling and Analysis Plan and Dredged Material
Management Team Process
$34,993
18
Mobilize Field Equipment and Collect Sediment Samples
$115,527
1C
Conduct sediment Laboratory Analysis
$163,289
1D
Develop Sampling and Analysis Report and Dredge Material
Management Team Process
$25,917
Task 1 Subtotal
$339,726
2
Regulatory Approval Process
2A
Conduct Regulatory Agency Pre -Application Meeting
$9,991
28
Prepare Regulatory Permit Applications
$94,502
2C
Implement Newport Specific Eelgrass Plan
$32,441
Task 2 Subtotal
$136,934
Total
$476,660
27 of 50
ATTACHMENT A
SUMMARY OF REVISIONS TO SAMPLING AND ANALYSIS PLAN FOR
RCP 54 SEDIMENT CHARACTERIZATION
28 of 50
ANIC1.-f.OR 26300 La Alanneda, Suite 240
nJ, �� Mission Viejo, California 92691
`` !! Phone 9,19 117.2780
Fax 949.334.9646
www.anchorgea.com
MEMORANDUM
To: Allan Ota, U.S. Environmental Protection Agency; Date: May 29, 2013
Cori Farrar, U.S. Army Corps of Engineers; Jack
Gregg, California Coastal Commission
From: Shelly Anghera, Ph.D.; Steve Cappellino; and Project: 130243-01.01
Chris Osuch, Anchor QEA, L.P.
CC: Chris Miller, City of Newport Beach
Re: Summary of Revisions to Sampling and Analysis Plan for RGP 54 Sediment
Characterization
INTRODUCTION
The City of Newport Beach (City) is proposing to renew Regional General Permit (RGP) 54
for maintenance dredging in Newport Bay, California. The current RGP 54 will expire in
March 2014, and a new sediment investigation is required to support the renewal. A
Sampling and Analysis Plan (SAP) was developed to document procedures and methods that
will be used during the investigation to evaluate the suitability of proposed dredged material
for beach replenishment and ocean disposal. The draft SAP was presented to the Dredged
Material Management Team (DMMT) on April 24, 2013, at the monthly DMMT meeting.
Based on comments received at this meeting, the sampling approach and stations locations
were revised in coordination with the U.S. Environmental Protection Agency (USEPA). This
memorandum presents a summary of the sampling approach and sampling locations.
SAMPLING APPROACH
Vertical Profiles
The proposed permit for 2014 allows for a deeper maximum dredge depth of -10 feet MLLW
plus 2 feet of allowable overdepth.1 Because these deeper depths have not previously been
evaluated or dredged under the RGP 54 progra in, the DMMT requested that two vertical
profiles be assessed during this sediment characterization in areas previously evaluated (e.g.,
' The draft SAP lists only 1 foot of allowable overdepth. The SAP has been updated to include 2 feet, including
1 foot paid and 1 foot unpaid, as discussed at the April DMMT meeting. With changes to dredge depths and
volumes under the proposed permit, it is anticipated that larger dredge equipment may be used. This
overdepth is consistent with other individually permitted projects within Newport Bay.
29 of 50
Dredged Mucerial Management Team
May 2J, 1013
Areas 1, 2, 3, and 4). The upper profile twill consist of sediment from the surface to -8 feet
mean lower low water (MLLW), which is the depth characterized as part of previous RGP 54
renewals (-7 feet MLLW plus 1 foot of allowable overdepth). The lower profile will consist
of sediment from -8 to -12 feet MLLW (proposed Maximum dredge depth plus 2 feet
overdepth), wlrich is the depth not previously characterized as part of previous RGP 54
renewals. Preliminary analysis will be performed to determine if these depths are similar
and can be combined to create one composite sample for Rill Tier III testing. The
Preliminary analysis is described as part of the phased testing approach in subsequent
sections.
Phased Testing Approach
Testing for the RGP 54 renewal will be performed based on a phased approach. Phases I and
II will consist of preliminary analysis to better refine the compositing scheme. Phase III will
consist of full Tier III testing on the final composite samples. The phased approach is
described in more detail below.
Phase I — Preliminary Metals Analysis on Selected Stations
Phase I will consist of preliminary metals analysis on selected stations that potentially
contain elevated levels of contaminants to determine if they should be included in the
composite area or eliminated from further testing. Metals will be analyzed on four stations
within Balboa Yacht Basin and Promontory Bay (Stations 4-12, 4-14, 4-15, and 4-16) and
three stations within West Lido Channel (Stations 1-1, 1-4, and 1-5). Balboa Yacht Basin and
Promontory Bay are new to the RGP 54 program, and therefore, it is unknown if
concentrations of contaminants are elevated. West Lido Channel had elevated mercury
detected in the previous investigation (Newfields 2012). If concentrations of metals within
these individual stations are less than effects range median (ERM) values (Long et al. 1995)
and the USEPA recommended threshold for mercury (1.0 milligrams per Idlograms [mg/kg]),
then they will be compositedwith the other stations within the area. If concentrations are
elevated, then these stations will be eliminated from further testing and excluded from the
RGP.
30 of 50
Dredged Material Mauagemeut'feam
May 29, 2013
Phase 11— Preliminary Metals Analysis on Vertical Composites
Following the initial metals analysis on selected stations, a total of 12 vertical composites will
be created, consisting oFsedinnent from the tipper and lower profile from each area (Areas la,
1b, 2, 3, 4a, and 4b). Preliminary metals analysis will be performed on each vertical
composite to determine the final compositing scheme. If preliminary testing indicates each
profile within an area is similar, then sediment from both depths will be combined to create
one composite sample for Phase III testing. As requested by the DMMT, Areas 1 and 4 were
each divided into two subareas (Areas 1a and 1b and Areas 4a and 4b). If the preliminary
metals analysis indicates these subareas are similar, then they will be combined for Phase III
testing. Table 1 presents a summary of preliminary metals analysis conducted in Phases I and
II. Based on results of Phases I and II, a proposed compositing scheme consisting of five to
seven final composite samples will be submitted to the USEPA for approval prior to full Tier
III testing in Phase III.
Table 1
Summary of Preliminary Metals Analysis Conducted in Phases I and II
Phase
Area
Station
Vertical Profile
Preliminary Analysis
1a
11
Top
Metals
Bottom
Metals
1-4
Top
Metals
Bottom
Metals
1-5
Top
Metals
Bottom
Metals
Phase 1
4b
4-12
Top
Metals
Bottom
Metals
414
Top
Metals
Bottom
Metals
415
Top
Metals
Bottom
Metals
4-16
Top
Metals
Bottom
Metals
Subtotal
--
--
14
31 of 50
1)redged Material Management Team
May 29, 2013
Page d
Phase
Area
Station
Vertical Profile
Preliminary Analysis
Area 1a
Composite
Top
Metals
Bottom
Metals
Area 1b
Composite
Top
Metals
Bottom
Metals
Area 2
Composite
Top
Metals
Bottom
Metals
Phased
Area 3
Composite
Top
Metals
Bottom
Metals
Area 4a
Composite
Top
Metals
Bottom
Metals
Area 4b
Composite
Top
Metals
Bottom
Metals
Subtotal
12
Total Samples
--
--
--
26
Phase Ill — Full Tier 111 Testing
Phase III will be initiated following creation of final composite samples for each area. Phase
III will consist of frill Tier III testing for ocean disposal, including physical and chemical
analyses and biological testing. Testing will be performed in accordance with Evaluation for
Dredged Material Proposed for Ocean Disposal — Testing Manual (OTM; USEPA/USACE
1991) and the Evaluation ofDredgedMateraalProposedforDischarge in Waters of the U.S. —
Inland Testing Manual (ITM; USEPAIUSACE 1998).
SAMPLING LOCATIONS
Fifty-eight stations were identified within Newport Bay for sediment core sampling. Figure
3 of the SAP (Attachment A) shows an overview of the composite area boundaries and
proposed sampling locations. A detailed view of each area is shown on Figures 4 through 8
in the SAP (Attachment A). Station locations were chosen in coordination with the USEPA
with the objective of representing, as accurately as possible, the physical and chemical
characteristics of sediments that may be dredged under RGP 54. Thirteen stations were
added to the sampling program based on USEPA comments following the April DMMT
meeting. Target coordinates, mudline elevations, and target core lengths for each station are
presented in Table 2.
32 of 50
Dredged Mareriad Management Team
May 7.9. 2013
Page 5
Table 2
'target Coordinates, IVludline rievations, and Target Core Lengths for Proposed Sampling
Locations
Area
Station
ID
Latitude Longitude
(Degrees, (Degrees,
Decimal Decimal
Minutes)' Minutes)'
Medline
Elevation
(feet MLLW)'
Project Depth
Plus
Overdepth
(feet IVILLW)
Depth of
Z Layer
(feet)
Target
core
Length
(feet)'
1-1
33 36.8340 117 55.5000
-5.7
-12
0.5
6.8
1-2
33 36.8749 117 55.4065
-5.2
-12
0.5
7.3
1-3
33 36.7203 117 55.3135
-5.4
-12
0.5
7.1
1-4
33 36.7013 117 55.4243
-5.8
-12
0.5
6.7
1-5
33 36.6358 117 55.4658
-4.6
-12
0.5
7.9
la
1-6
33 36.4998 117 55.2293
-4.1
-12
0.5
8.4
1-7
33 36.6596 117 55.1899
-4.2
-12
0.5
8.3
1-8
33 36.5860 117 54.8930
-4.0
-12
0.5
8.5
1-9
33 36.4245 117 54.8853
-5.4
-12
0.5
7.1
1-10
33 36.5209 117 54.6632
-4.6
-12
0.5
7.9
1-11
33 37.1763 117 55.6896
-7.9
-12
0.5
4.6
1-12
33 37.1484 117 55.4519
-
-12
0.5
-
1-13
33 37.0212 117 55.4294
-4.0
-12
0.5
8.5
1-14
33 37.0540 117 55.2110
-5.4
-12
0.5
7.1
Ib
1.15
33 36.8823 117 55.1209
-5.2
-12
0.5
7.3
1-16
33 36.9501 117 54.9680
-5.0
-12
0.5
7.5
1-17
1 33 36.7295 117 54.7926
-5.1
-12
0.5
7.4
1-18
33 36.8120 117 54.6960
-5.5 1
-12
0.5
7.0
2-1
33 36.9074 117 54.2333
-5.8
-12
0.5 1
6.7
2-2
33 36.8226 117 54.1241
-5.2
-12
0.5
7.3
2-3
33 36.7273 117 54.0727
-5.2
-12
0.5
7.3
2-4
33 36.6970 117 54.1910
-4.1
-12
0.5
8.4
2
2-5
33 36.6459 117 54.0736
-3.5
-12
0.5
9.0
2-6
33 36.6140 117 54.2010
-4.0
-12
0.5
8.5
2-7
33 36.9200 117 54.3870
-4.9 1
-12
0.5
7.6
2-8
33 36.7396 117 54.4617
-6.0
-12 1
0.5
6.5
3-1
33 37.0615 117 54.1381
-4.6
-12
0.5
7.9
3-2
33 37.1378 117 54.0665
-4.4
-12
0.5
8.1
3-3
33 37.1670 117 53.8960
-5.3
-12
0.5
7.2
3-4
33 37.1540 117 53.7430
-7.6
-12
0.5
4.9
3
3-5
33 37.2685 117 53.7510
-7.8
-12
0.5
4.7
3-6
33 37.3515 117 53.7897
-7.7
-12
0.5
4.8
3-7
33 37.3136 117 53.6166
-7.6
-12
0.5
4.9
3-8
33 37.4619 117 53.7552
-4.2
-12
0.5
8.3
3-9
33 37.1863 117 53.5032
-4.2
-12
0.5
8.3
33 of 50
Dredged Marerial Managemenr Team
May 7.9, 2013.
Area
Station
ID
Latitude
(Degrees,
Decimal
Minutes)'
Longitude
(Degrees,
Decimal
Minutes)'
Medline
Elevation
(feet MLLW)'
Project Depth
Plus Depth of
Overdepth Z Layer
(feet MLLW) (feet)
Target
Core
Length
(feet)3
4-1
33 36.0511
117 52.8686
-4.7
-12 0.5
7.8
4-2
33 36.0004
117 53.1228
-3.0
-12 0.5
9.5
4-3
33 36.0669
117 53.7612
-4.1
-12 0.5
8.4
4a
4-4
33 36.2077
117 53.9797
-
-12 0.5
-
4-5
33 36.2545
117 53.7742
-
-12 0.5
-
4-6
33 36.2538
117 53.3953
-4.2
-12 0,5
8.3
4-7
1 33 36.2179
117 53.0801
-
-12 0.5
-
4-8
33 36.4080
117 53.1960
-8.3
-12 0.5
4.2
4-9
33 36.5500
117 53.2590
-5.5
1 -12 0.5
7.0
4-10
33 36.3960
117 53.3380
-3.8
-12 0.5
8.7
4.11
33 36.5365
117 53.4513
-3.3
-12 0.5
9.2
4-12
33 36.5790
117 53.5620
-4.8
-12 0.5
7.7
4b
4-13
33 36.5310
117 53.8241
-6.4
-12 0.5
6.1
4-14
33 36.6060
117 53.7260
-6.6
-12 0.5
5.9
4-15
33 36.6770
117 53.7040
-4.8
-12 0.5
7.7
4-16
33 36.6860
117 53.8570
-5.4
-12 0.5
7.1
4-17
33 36.3733
117 53.9664
-4.1
-12 0.5
8.4
4-18
33 36.3975
117 54.2375
-5.8
-12 0.5
6.7
5-1
33 37.1626
117 56.1048
-5.0 1
-12 0.5
7.5
5-2
33 37.2383
117 56.1647
-5.2
-12 0.5
73
5
5.3
33 37.1964
117 55.9130
-4.8
-12 0.5
7.7
5-4
33 37.1269
117 55.9541
-4.5
-12 0.5
8.0
5-5
33 37.0214
11755.89 7
-4.7
-12 0.5
7.8
Notes:
1 North American Datum 1983
2 Mudline elevations are based on lead line measurements conducted by Anchor QEA on May 15 and 16, 2013.
Some stations were Inaccessible; therefore, elevation data are not available.
3 Target core lengths include depth to achieve project depth plus overdepth plus z layer.
34 of b0
Dredged Material Managernent'reun
May 29, 2013
Page 7
REFERENCES
Long et al. (Long, E.R., D.D. MacDonald, S. L. Smith, and P.D. Calder), 1995. Incidence of
Adverse Biological Effects within Ranges of Chemical Concentrations in Marine and
Estuarine Sediments. Environmental Management 19:81-97.
Newfields, 2012. Dredged Material Evaluation to Support the Renewal of Regional General
Permit -54. Sampling and Analysis Report. March 2012.
USEPA/USACE, 1991. Evaluation ofDredged Material Proposed for Ocean Disposal —
Testing lllanual USEPA/USACE. USEPA 503/8-91/001. USEPA, Office of Water
(4504E).
USEPA/USACE, 1998. Evaluation ofDredged Material Proposed for Discharge in Waters of
the U.S. —Testing Manual: Inland Testing Manual (IT117). USEPA/USACE. USEPA-
823-B-94-002. USEPA, Office of Water (4305).
Weston Solutions, Inc., 2005. Dredged Material Evaluation For the Renewal ofl?egional
General Permit -54 Newport Beach, California. November 2005.
35 of 50
ATTAC H M E N'T A
SAMPLING LOCATION FIGURES
36 of 50
SOURQ:ee.ulfrom bK�naps L6NMSM1om CW of Ne`aWRBean. LEGEND:
NOMONTAL DATUM: QBlainw 3t aune, Zeno 6, NA06i
VEl[nfAI OPTIM: mean 1pnrlowwnerlMLLW1OOW Samplln8laotl MeeU ARaaa
Mea le Mea aB a ISOB
Mal Am&S
Pna3
v rip re.
ANCHOR Overvim of Composite Am Boundaries anc Sampfng Lomzlan.3
. QEA RGP Sd Sediment Chan cenzaGor
0
souRQ:W fi am noes l(rvm Gtr dnerpan flexn.
XORIZOM WNM: Ulf.. Sole Mn., Zau 6, XnD1l.
VDOIW D>MA: moan b f ratty IMLLWI.
IFGEND:
Oaa Adtlitiuvl aamp6ne LDOIiOm .lea ld
C a a ,l -ea ib
m figure 4
o �E ANCHOR Area Boundary 1 and Proposed Sampling Laotians
O1z 017A`i'v RGP 54 Sediment .'"t. araRerieacion
0
SD -Aerial hem&� ID6MeNem CSye(newpert&am.
NO ow -DAN.: wlh wSUtc Nine, 2Cin 6, NAD63
MnMDAVM:meanb'AelW NW(MLIV4.
®ba Adamamlampnn Lm
_— Area2
0 ?. ANCHORFaure s
1L Area Boundary Z and Proposed Sampling ncacons
Ch
OFA `'"c'� RGP 545ediment Ctaramraatior
0
S�' Per011mm 0i, m.,, LmhM, rmm Gn e1 Newport Beam.
MOMQ aL DATDM: QIA.la Stn, Pknp lone 6. NAD33.
WITTIrAL SNTDM: mem lower lew w tv IMLLMA.
?,ANCHOR
c aa.ci
LEGEND:
044 AddWc,mISempline Lootlonp — Am.3
0
p so
A
q
Figure 6
Area Boundary 3 and Proposed Sampling Location;
RGP 54 Sediment Chamaerixatio^
a spax�:aeriai aomau¢nmpc uamzvom rnyor newppnneam
xoa¢orvrxoatum: aumm�a sac wne,zonen, raroea.
vsamutoanm+: m<a�ionerlw..aac lmutvi.
s
ccecrvv
O0.: Addcional5ampfne Wncions
2, ? ANCHOR �anres
o � Area Boundary 5 and Proposed Sampling Locations
o IDEA`a.ai RGP 54 Sediment Characterization
EXHIBIT B
SCHEDULE OF BILLING RATES
43 of 50
Anchor QEA, L.P. Page B-1
Anchor QEA
2013 BILLING RATES
Professional Level Hourly Rates
Principal CMO/Engineer/LAz/Planner/Scientist.........................................................................$219
Senior Managing Analyst/CM/Engineer/L.A/Pltouicr/Scientist.................................................$199
Managing Analyst/CM/Engineer/LA/Planner/Scientist.............................................................$180
Senior Analyst/CM/Engineer/LA/Planner/Scienlist..................................................................$
160
Staff 3 Analyst/CM/Engineer/LA/Planner/Scientist..................................................................$145
Staff 2 Analyst/CM/Engineer/LA/Planner/Scientist..................................................................$130
Staff I Analyst/CM/Engineer/LA/Planner/Scientist..................................................................$110
SeniorCAD' Designer...............................................................................................................$115
CADDesigner..............................................................................................................................$98
Technician....................................................................................................................................$92
TechnicalEditor...........................................................................................................................$98
ProjectCoordinator......................................................................................................................$92
Special Hourly Rates
National expert consultant..........................................................................................................$361
All work by a testifying expert ........................................................t.5
times professional level rate
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour)........::.....................................................................................$10.00
Graphic Plots (varies with plot size) ................................................... :.................................. $3-6/sf
Mileage (per mile)..................................................................................... Current Federal Standard
PEE ON LABOR AND EXPENSE CHARGES
SubconD'acis/subconsultants...................................................................................................... 10%
Travel and other direct costs...................................................................................................... 10%
Fieldequipment & supplies........................................................................................................ 10%
This is company confidential document.
I CNI=Coosouction Manager
2 LA = Landscape Architect
CAD= Computer Aided Design
44 of 50
ATTACHMENT B
RATE SHEET
45 of 50
Task
Description
PrinGpal CM/
Engineer/LA/
Planner/S4iendst
($219)
Hours by labor Categories
(hourly rtes shown in parent,eses)
MOnaginCAnalyst/ Seni4rAnalyii/CM/ Staf:3Analyst/CM/ Staff2Analyst/CM/Staff L Analyst IMA
CM/Engineer/IA/ Engineer/IA/Planner Engineer/LA/Planner Engineer/LA/Planner Engineer/LA/Planner/
Planner/Scientist /Sde tilt /SdenOst /Selemist Scientist
($1e0) (5160) 1516$1 (SLU) (5110)
CAD
Designer
15981
Prciet
Ca4rdinzter
(PAs)
15991
Tot.1 --ator
Hours
Task I Sediment Characterization Process
1.1SAP and. DMMT Process
40.00
8.00
90.00
24.00 8.00
32.00
23.001
225.001
12 Sediment Field Work
30.00
70.00
80.00
1200
322.00
5.00
10.00 1
S29.001
1.3Sediment Analvtical
26.00
45.00
65.00
'_'_6.00 1
1.4 SABantl DMMT Process
26.00
16.00
62. 00
12.00
24,00
12.00
1"c.00
270.00
Task2 Regulatory AppM,,alProcess
2.1Pre-Application Meeting
10.0
10.00
18.00
11.Do
49.00
221Regulatory Permit Applications
48.00
112.00
L65.00
54.00
64.00
64.00
$8.00
595.00
23Newponspecinc Eelgmss Plan Implementation
48.00
40.00
40.00
12.00
8.001
4.00
8.00
360.60
Total Hours
88.00
256.00
500.00
102.00 65.00
438.00
137.00
158:09
15
Total Cost
$49,932
546,080
$80.000
$14,790 58,450
545580
913,466
515,4.4
P;a / of2
Total labor
Task Con
Subcommetor
Diie¢Costs
Subcontractor
M.,I.p
Total
SubcontMdor
Costs
Relmbursoble
DireGCost4
Total
Reimbursable
Costs
Equipment
Direct Costs
Equipment
Markup
Total
Equipment
Use,
Total Direct
Loses
Total Car, Nates
Task 1
1.11 $
34$10
1 5
$
$
5 483
S 483
$
$
$
$
683
$ 34,993
12 $
70,600
$ 33,456
S
3,349
$ 36,835
5 31615
5 3,615
S 4,070
5 407
5 4,477
$
44,927
5 115$27
13 5
18744
5 130,745
S
13.075
S 143,820
$ 725
5 725
5
$
5
5
144,545
S 163,259
L4 S
25.634
5
5
$
$ 283
5 283
5
5
$
5'.
283
5 25:917
Task 2
2.1 5
7,948
5 L600
S
160
5 1,760
$ 283
S 283
5
$
$
5
21043
S 91991
22 S
86,835
$ 5,000
$
500
$ $.500
$ 2,164
5 2,164
$
$
S -
S
7.664
'S 94,502
23 5
27,908
5 2,500
$
250
5 2.750
S 1.783
5 1.783
'S
S
5
5
4,533
5 32,441
$272,182
$173,331
$17,333
$190,664
$9,335
1 59.335
$4,070
$407
54,47]
5204876
5476,660
Pa542 oft
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers`
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
48 of 50
Anchor QEA, L.P. Page C-1
vehicles, in an arnount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (E=rrors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as Insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. 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
49 of 50
Anchor QEA, L.P. Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
13. City Right to [Revise 17"eduirernents. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
50 of 50
Anchor QEA, L.P. Page C-3
Attachment C City of Newport o tl Beac l NO. BA- 13BA-047
BUDGET AMENDMENT
2012-13 AMOUNT: $so,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for professional services related to securing the City's Regional
General Permit, which allows waterfront homeowners to dredge under their docks and to assist with
final negotiations in obtaining approval of the City's Eelgrass Management Plan.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
230 3605 Tide & Submerged Land - Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITUREAPPROPRIATIONS (3603)
Description
Description
Division Number 7231 Tidelands - Capital
Account Number C4401001 Newport Harbor Dredging Permit RGP-54
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
Signed:
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$90,000.00
Automatic
$90,000.00
Date
Date
Date