The URL can be used to link to this page

Home My WebLink AboutC-3897(H) - PSA for Marina Park Project - PSA for Biological and Environmental Monitoring ServicesU r /Y TC) AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR -` MARINA PARK PROJECT — BIOLOGICAL AND ENVIRONMENTAL MONITORING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 12th day of March, 2014 ("Effective Date"), by and between the 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. On November 7, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide biological and environmental support services for the Marina Park Project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated February 12, 2014, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of 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. 2. 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 of the Agreement and Exhibit B of 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 One Hundred Eighty One Thousand Six Hundred Fifty Dollars and 001100 ($181,650.00), 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 One Hundred Thirteen Thousand Three Hundred Twenty Five Dollars and 00/100 ($113,325.00). 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, L.P. 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 OF NEWPORT BEACH, CITY ATT RNEY'S OFFICE a California municipal corporation Date: Date: By. � By. Aaron C. Harp't Rush N. Hill, II City Attorney Mayor ATTEST: Date: J•/l. By: am) Leilani I. Brown City Clerk -9000n® Attachments ,l po RNA CONSULTANT: Anchor QEA, L.P., a California lir�ite�l partnership Date. By: Steve Cappellino General Partner END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Anchor QEA, L.P. Page 3 EXHIBI IIT Anchor QEA, L.P. Page A-1 ANCHOR OEA. 27201 Puerta Real, Suite 350 Mission Viejo, California 92691 Phone 949.347.2780 February 12, 2014 Iris Lee, P.E., T.E. Public Works Department City of Newport Beach 100 Civil Center Drive Newport Beach, California 92660 Re: Revised Scope of Work and Cost Estimate for Biological and Environmental Monitoring Services to Support Marina Park Package 2 Construction Dear Ms. Lee: Anchor QEA, LLC, is pleased to present this scope of work and cost estimate for biological and environmental monitoring services to support Marina Park Package 2 construction, and based upon our discussion following the Package 2 pre -construction meeting on January 30, 2014. This scope of work and cost estimate addresses a portion of the general commitments imposed in the project's regulatory documents, including the Mitigation Monitoring and Reporting Program (MMRP), the U.S. Army Corps of Engineers permit, the Regional Water Quality Control Board permit, and the California Coastal Commission Coastal Development Permit (CDP), collectively described as the project's environmental documents. This scope of work and cost estimate builds upon our existing contract from October 22, 2013, and only includes items and costs not previously authorized. Additionally, the timeline for the work proposed herein covers construction activities through the end of Package 2, as described in the contractor's schedule as being complete in early September 2014 (schedule dated February 3, 2014). Additional tasks will be considered under a separate scope of work according to subsequent design packages. ww .anchorgeaxom Ms. Iris Lee, City of Newport Beach February 12, 2014 Page 2 Anchor QEA assumes no liability in ensuring overall compliance with environmental commitments stipulated in the project's environmental documents, other than the specific tasks described below. TASKS Task 1: Project Management This task reflects project management and overall project coordination costs, management of subcontractors, and facilitation of ongoing communications and review requests with the City of Newport Beach (City) to manage the tasks listed herein. In addition, Anchor QEA will oversee that certain conditions in the project's environmental documents are implemented as part of the pre-, during, and post -construction phases of the project, as described and limited to the tasks described herein. To help facilitate this task, a member of the Anchor QEA team would call into all weekly project construction meetings through the end of Phase 2 constructions (through September 2014; 28 weeks total). The estimated cost for completing Task 1, including all subcontractor work, is $7,000. Please note that this amount builds upon our approved on-call services task from the October 2013 contract. Task 2: Pre- and Post -Construction Eelgrass Surveys Anchor QEA understands that the pre -construction eelgrass and Caulerpa taxifolia surveys completed in July 2013 by the City of Newport Beach Harbor Resources Department will not be valid for construction commencing during March 2014, and, therefore, new pre - construction eelgrass and C taxifo&a surveys are required as part of the project's environmental documents for the proposed dredge area. Anchor QEA will coordinate the site survey for the presence of eelgrass and C. m folia in the proposed dredge area. The survey will be accomplished by a subcontractor, EcoMarine Environmental, LLC. Anchor QEA will document and submit survey results to the City. The cost to complete the survey assumes only the Marina Park dredge location would be surveyed; additional surveys of the potential beach nourishment sites are not included. The estimated cost for completing Ms, Iris Lee, City of Newport Beach February 12, 2014 Page 3 the survey is $4,325. Please note that this amount builds upon our approved eelgrass survey task from the October 2013 contract. Task 3: Biological Compliance Monitoring During Construction Anchor QEA and our subcontractor, Keane Biological Consulting, will conduct biological compliance monitoring during construction pursuant to the criteria set forth in the CDP and MMRP. As part of this task, Anchor QEA will discuss biological monitoring requirements with the California Coastal Commission (CCC) with the goal to reduce the level of effort and monitoring intensity described herein, If CCC agrees with our reduced monitoring effort, then costs will be less than those presented in this scope of work and cost estimate. Weekly biological compliance monitoring will be required through the duration of the project. This monitoring will be conducted by a member of the Anchor QEA team, and it is assumed to be accomplished in one 5 -hour day. This monitoring will be conducted on the same day as the weekly meeting, which is assumed to be completed. within the 5 -hour day. The weekly surveys will include surveys of trees and sediment deposit (beach nourishment) sites on and adjacent to the project site (within 500 feet of any construction activities) once a week upon commencement of construction activities. Pursuant to the CDP, daily monitoring will be required during beach nourishment activities, which are assumed to be conducted during a 3 -week period as part of the Marina Basin Construction. Assumptions specific to Task 3 include the following: • Weekly monitoring will be sufficient to satisfy the requirements of the CDP and MMRP, with daily monitoring to occur only during beach nourishment activities. • Weekly monitoring will be necessary for 28 weeks. • A weekly monitoring day is defined as a 5 -hour work -day for one member of the Anchor QEA team and includes participation in the weekly meeting. • Daily compliance monitoring will be necessary during beach nourishment activities (assumed 3 -week duration at 10 hours per day). • Weekly reports to the CCC and the CDI7W (if required) will be submitted after the Ms. Iris Lee, City of Newport Beach February 12, 2014 Page 4 completion of weekly monitoring. Daily reports will not be required during beach nourishment activities. Up to 6 days of additional monitoring have been included, which may include the possible encounter of sensitive species (if notified by the contractor) or additional meetings. The estimated cost for completing Task 3, including all subcontractor work, is $41,500. Task 4: Cultural, Archaeological, and paleontological Surveys and Monitoring These surveys would be accomplished by a subcontractor, Paleo Solutions. The paleontologist will conduct daily observations during inland grading activities and conduct salvage excavation of paleontological resources. During the period when paleontological sediments are being disturbed, the paleontologist shall attend the preconstruction meeting to discuss, and be informed of, site-specific procedures and establish communications. As part of this task, Anchor QBA will discuss cultural resources monitoring requirements with the City with the goal to reduce the level of effort and monitoring intensity described herein. If the City agrees with the reduced monitoring effort, then costs will be less than those presented in this scope of work and cost estimate. The paleontologist shall provide paleontological construction monitoring of ground - disturbing activities that occur at when paleontological sediments are being disturbed. Although no cultural resources sensitive areas are anticipated to be impacted, the Orange County Certified. Archaeologist and Native American monitor will be available on an as - needed basis. Paleontological monitoring shall include inspection of exposed rock units during active excavations within sensitive geologic sediments (older alluvium and/or marine terrace deposits). The qualified paleontologist and/or archeologist shall have authority to temporarily divert excavation operations away from exposed fossils and/or artifacts to collect associated data and recover the fossil and/or artifact specimens if deemed necessary. If a discovery is unmanageable by one monitor, additional assistance will be called upon, evaluated by the qualified paleontologist and/or archaeologist, and a change order would be required. Ms. iris Lee, City of Newport Beach February 12, 2014 Page 5 At the completion of construction, a Paleontological and Archaeological Monitoring Report will be prepared and document the final results of monitoring. It will include the methods and results of monitoring activities, provide an inventory, and document the significance (identification) of any paleontological and/or cultural resources discovered and collected during monitoring, if any. The report includes addressing comments from the City. Assumptions specific to Task 4 include the following: • Monitoring in paleontological sensitive areas will not exceed 20 days of grading activities, including no additional overtime. • Grading will not occur in more than one area or it will become unmanageable by one monitor. • Unanticipated fossils or artifacts will not be found. If found, we will submit a new scope of work detailing the cost(s) to salvage and/or wetscreen and prepare the fossils for curation, identification, and/or excavation, including additional analysis for the final technical report. • No large recoveries will be necessary and no additional materials or staff members will be needed to complete the small recoveries. • No storage and/or transport of specimens will be required. • No human remains will be discovered. The estimated cost for completing Task 4 is $60,500. Please note that this amount builds upon our approved Cultural, Archaeological, and Paleontological Surveys and Monitoring task from the October 2013 contract. SUMMARY OF COSTS Anchor QEA is requesting authorization to proceed with this scope of work with a not -to - exceed cost of $113,325 (Exhibit B ). We will perform these tasks on a time -and -materials basis, according to our standard rate sheet (. Exhibit B ). We will only bill for time and materials actually expended. Anchor QEA, L.P. Page B-1 Ms, Iris Lee, City of Newport Beach February 12, 2014 Table 1 Estimated Costs Task Description Amount Requested 1 Project Management $7,000 2 Pre- and Post -Construction Eelgrass Surveys $4,325 3 Biological Compliance Monitoring During Construction $41,500 4 Cultural, Archaeological, and Paleontological Surveys and Monitoring $60,500 Total $113,325 SCHEDULE Anchor QEA will begin this scope of work immediately upon authorization to proceed from the City under our existing contract. Anchor QEA, L.L.C. 2014 BILLING RATES Professional Level Hourly Rates Principal ......................... Senior Manager .............. Manager............................................. Senior Staff ....................................... Staff3 ................................................ Staff2 ................................................ Staff1 ................................................ Senior CAD' Designer ...................... CAD Designer ................................... Technician ......................................... Technical Editor ................................ Project Coordinator ........................... Special Hourly Rates ..$225 ......................................................................$199 ........................................................................$185 ............ -............................................................... $165 ............................................................................. $145 .............................................................................$130 ........................................................................... -$110 ............................................................................. $115 ............................................................................... $ 98 ...............................................................................$95 ............................................................................ $98 ..........................................................................$92 National expert consultant..........................................................................................................$370 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) ........... .................... -.... -............................................... $3-618f Mileage (per mile).-.................................................................................. Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/subconsultants...................................................................................................... 10% Travel and other direct costs ...................................... .......... ....--............................................. 10% Fieldequipment & supplies ................................. ...-_............................................................... 10% 3=lusis-a-company-esnfrdentlal-document-� I CAD= Computer Aided Design CITY OF NEWPORT BEACH City Council Staff Report March 11, 2014 Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director— (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644-3323 TITLE: Amendment No. 1 to the Professional Services Agreement with Anchor QEA, L.P., for Marina Park Biological and Environmental Monitoring Services Contract No. 3897-H (CAP09-0070) ABSTRACT: Anchor QEA, L.P. (Anchor) was retained in November 2013 to provide initial biological and environmental monitoring services and a formal monitoring Needs Assessment Plan for the Marina Park Project. The Needs Assessment Plan has now been completed, and additional funds are being requested for Anchor to provide required monitoring services for the construction phase. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Anchor QEA, L.P. of Mission Viejo, California, at a not -to -exceed cost of $113,325.00, and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the amendment. A total of $113,325.00 will be expended from the Marina Park project account number 7411- $4002002. DISCUSSION: go On October 3, 2013, the City received the Coastal Development Permit (CDP) for the Marina Park Project. The CDP was the last of the regulatory permit series required to start construction. As with other coastal projects, environmental and biological monitoring is required to meet the general commitments of the project's regulatory documents from outside agencies, including the U.S. Army Corp of Engineers, Regional Water Quality Control Board, and the California Coastal Commission. On August 12, 2013, staff solicited proposals to provide initial biological and environmental monitoring services and formal monitoring Needs Assessment Plan in conformance with the Marina Park regulatory permit conditions. Anchor was rated as the most qualified out of the proposals received. Subsequently, the City entered into a Professional Services Agreement with Anchor on November 7, 2013 for a not -to -exceed amount of $68,325.00. The comprehensive monitoring Needs Assessment Plan was completed and Anchor has identified the tasks and their frequency for the construction phase. Tasks under this agreement generally include the following: Eelgrass/avian/grunion survey and monitoring; Cultural, archaeological, and paleontological survey and monitoring; Biological compliance monitoring; and Water quality monitoring. Staff is now requesting Council approval of Amendment No. 1 to the PSA with Anchor in a not -to -exceed amount of $113,325.00 to provide biological and environmental monitoring services outlined in the agreement. ENVIRONMENTAL REVIEW: The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. No additional environmental clearances are required. 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). ATTACHMENTS: Name. D LOCATION MAP MAP H.odf n Anchor QEA Amendment No. One.odf Description: Location Map Amendment No. 1 to the PSA with Anchor GEA 109 V//////// PROJECT LOCATION NEWPORT CHANNEL BAY AVENUE -SLI W. BALBOA a NTS EAN FRONT WEST PACIFIC OCEAN MARINA PARK LOCATION MAP D= BOULEVARD SOD D CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -3897-H 1 3/11/14 110 UA ar_Cy:hvtl=I►119-3 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR MARINA PARK PROJECT — BIOLOGICAL AND ENVIRONMENTAL MONITORING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 12th day of March, 2014 ("Effective Date"), by and between the 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. On November 7, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide biological and environmental support services for the Marina Park Project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated February 12, 2014, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of 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. 2. 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 of the Agreement and Exhibit B of 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 One Hundred Eighty One Thousand Six Hundred Fifty Dollars and 00/100 ($181,650.00), without 111 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 One Hundred Thirteen Thousand Three Hundred Twenty Five Dollars and 00/100 ($113,325.00). 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, L.P.Page 2 112 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY A GT R IEY'S OFFICE a California municipal corporation Date: L Date: By: By: Aaron C. Harp Rush N. Hill, II City Attorney Mayor ATTEST: CONSULTANT: Anchor QEA, L.P., a Date: California limited partnership Date: By: By: Leilani I. Brown Steve Cappellino City Clerk General Partner Attachments [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Anchor QEA, L.P. Page 3 113 EXHIBIT A SCOPE OF SERVICES Anchor QEA, L.P. _ Page A-1 114 ANCHOR QEA. 27201 Puerta Real, Suite 350 Mission Viejo, California 92691 Phone 949.34 7,2780 _ February 12, 2014 Iris Lee, P.E., T.E. Public Works Department City of Newport Beach 100 Civil Center Drive Newport Beach, Callfon-da 92660 Re: Revised Scope of Work and Cost Estimate for Biological and Environmental Monitoring Services to Support Marina Park Package 2 Construction Dear Ms. Lee: Anchor QEA, LLC, is pleased to present this scope of work and cost estimate for biological and environmental monitoring services to support Marina Park Package 2 construction, and based upon our discussion following the Package 2 pre -construction meeting on January 30, 2014. This scope of work and cost estimate addresses a portion of the general commitments imposed in the project's regulatory documents, including the Mitigation Monitoring and Reporting Program (MMRP), the U.S. Army Corps of Engineers permit, the Regional Water Quality Control Board permit, and the California Coastal Commission Coastal Development Permit (CDP), collectively described as the project's environmental documents. This scope of work and cost estimate builds upon our existing contract from October 22, 2013, and only includes items and costs not previously authorized. Additionally, the timeline for the work proposed herein covers construction activities through the end of Package 2, as described in the contractor's schedule as being complete in early September 2014 (schedule dated February 3, 2014). Additional tasks will be considered under a separate scope of work according to subsequent design packages. www.anchorgea.com 115 Ms. Iris Lee, City of Newport Beach February 12, 2014 Anchor QEA assumes no liability in ensuring overall compliance with environmental commitments stipulated in the project's environmental documents, other than the specific tasks described below. TASKS Task 1: Project Management This task reflects project management and overall project coordination costs, management of subcontractors, and facilitation of ongoing communications and review requests with the City of Newport Beach (City) to manage the tasks listed herein. In addition, Anchor QEA will oversee that certain conditions in the project's environmental documents are implemented as part of the pre-, during, and post -construction phases of the project, as described and limited to the tasks described herein. To help facilitate this task, a member of the Anchor QEA team would call into all weekly project construction meetings through the end of Phase 2 constructions (through September 2014; 28 weeks total). The estimated cost for completing Task 1, including all subcontractor work, is $7,000. Please note that this amount builds upon our approved on-call services task from the October 2013 contract, Task 2: Pre -and Post -Construction Eelgrass Surveys Anchor QEA understands that the pre -construction eelgrass and Caulerpa txdfolia surveys completed in July 2013 by the City of Newport Beach Harbor Resources Department will not be valid for construction commencing during March 2014, and, therefore, new pre - construction eelgrass and C. taxrfolia surveys are required as part of the project's environmental documents for the proposed dredge area. Anchor QEA will coordinate the site survey for the presence of eelgrass and C. taxifolia in the proposed dredge area. The survey will be accomplished by a subcontractor, EcoMarine Environmental, LLC. Anchor QEA will document and submit survey results to the City. The cost to complete the survey assumes only the Marina Park dredge location would be surveyed; additional surveys of the potential beach nourishment sites are not included, The estimated cost for completing 116 Ms. Iris Lee, City of Newport Beach February 12, 2014 the survey is $4,325. Please note that this amount builds upon our approved eelgrass survey task from the October 2013 contract. Task 3: Biological Compliance Monitoring During Construction Anchor QEA and our subcontractor, Keane Biological Consulting, will conduct biological compliance monitoring during construction pursuant to the criteria set forth in the CDP and MMRP. As part of this task, Anchor QEA will discuss biological monitoring requirements with the California Coastal Commission (CCC) with the goal to reduce the level of effort and monitoring intensity described herein. I£ CCG agrees with our reduced monitoring effort, then costs will be less than those presented in this scope of work and cost estimate. Weekly biological compliance monitoring will be required through the duration of the project: This monitoring will be conducted by a member of the Anchor QEA team, and it is assumed to be accomplished in one 5 -hour day. This monitoring will be conducted on the same day as the weekly meeting, which is assumed to be completed within the 5 -hour day. The weeldy surveys will include surveys of trees and sediment deposit (beach nourishment) sites on and adjacent to the project site (within 500 feet of any construction activities) once a week upon commencement of construction activities. Pursuant to the CDP, daily monitoring will be required during beach nourishment activities, which are assumed to be conducted during a 3 -week period as part of the Marina Basin Construction. Assumptions specific to 'T'ask 3 include the following: • ' Weekly monitoring will be sufficient to satisfy the requirements of the CDP and MMRP, with daily monitoring to occur only during beach nourishment activities. • Weekly monitoring will be necessary for 28 weeks. • A weekly monitoring day is defined as a 5 -hour work -day for one member of the Anchor QEA team and includes participation in the weekly meeting. • Daily compliance monitoring will be necessary during beach nourishment activities (assumed 3 -week duration at 10 hours per day). • Weekly reports to the CCC and the CDFW (if required) will be submitted after the 117 Ms. Iris Lee, City of Newport Beach February 12,2014 Page 4 completion of weekly monitoring. Daily reports will not be required during beach nourishment activities. Up to 6 days of additional monitoring have been included, which may include the possible encounter of sensitive species (if notified by the contractor) or additional meetings. The estimated cost for completing Task 3, including all subcontractor work, is $41,500. Task 4: Cultural, Archaeological, and Paleontological Surveys and Monitoring These surveys would be accomplished by a subcontractor, Palen Solations. The paleontologist will conduct daily observations during inland grading activities and conduct salvage excavation of paleontological resources. During the period when paleontological sediments are being disturbed, the paleontologist shall attend the preconstruction meeting to discuss, and be informed of, site-specific procedures and establish communications. As part of this task, Anchor QEA will discuss cultural resources monitoring requirements with the City with the goal to reduce the level of effort and monitoring intensity described herein, if the City agrees with the reduced monitoring effort, then costs will be less than those presented in this scope of work and cost estimate. The paleontologist shall provide paleontological constriction monitoring of ground - disturbing activities that occur at when paleontological sediments are being disturbed. Although no cultural resources sensitive areas are anticipated to be impacted, the Orange County Certified Archaeologist and Native American monitor will be available on an as - needed basis. Paleontological monitoring shall include inspection of exposed rock units during active excavations within sensitive geologic sediments (older alluvium and/or marine terrace deposits). The qualified Paleontologist and/or archeologist shall have authority to temporarily divert excavation operations away from exposed fossils and/or artifacts to collect associated data and recover the fossil and/or artifact specimens if deemed necessary, if a discovery is immanageable by one monitor, additional assistance will be called. upon, evaluated by the qualified paleontologist and/or archaeologist, and a change order would be required. 118 Ms. Iris Lee, City of Newport Beach February 12, 2014 At the completion of construction, a Paleontological and Archaeological Monitoring Report will be prepared and document the final results of monitoring. It will include the methods and results of monitoring activities, provide an inventory, and document the significance (identification) of any paleontological and/or cultural resources discovered and collected during monitoring, if any. The report includes addressing comments from the City. Assumptions specific to Task 4 include the following: • Monitoring in paleontological sensitive areas will not exceed 20 days of grading activities, including no additional overtime. • Grading will not occur in more than one area or it will become unmanageable by one monitor. • Unanticipated fossils or artifacts will not be found. If found, we will submit anew scope of work detailing the cost(s) to salvage and/or wetscreen and prepare the fossils for curation, identification, and/or excavation, including additional analysis for the final technical report. • No large recoveries will be necessary and no additional materials or staff members will be needed to complete the small recoveries. • No storage and/or transport of specimens will be required. • No human remains -will be discovered. The estimated cost for completing Task 4 is $60,500. Please note that this amount builds upon our approved Cultural, Archaeological, and Paleontological Surveys and Monitoring task from the October 2013 contract. SUMMARY OF COSTS Anchor QEA is requesting authorization to proceed with this scope of work with a not -to - exceed cost of $113,325 (Exhibit B ). We will perform these tasks on a time -and -materials basis, according to our standard rate sheet (. Exhibit B j. We will only bill for time and materials actually expended. 119 EXHIBIT B SCHEDULE OF BILLING RATES Anchor QEA, L.P. ----- ----- --�-- Page B-1 120 Ms. Iris Lee, City of Newport Beach February 12,2014 Table 1 Estimated Costs Task Description Amount Requested 1 Project Management $7,000 2 Pre- and Post -Construction Eelgrass Surveys $4,325 3 Biological Compliance Monitoring During Construction $41,500 4 Cultural, Archaeological, and Paleontological Surveys and Monitoring $60,500 Total $113,325 SCHEDULE Anchor QEA will begin this scope of work immediately upon authorization to proceed from the City under our existing contract. 121 Anchor QEA, L.L.C. 2014 BILLING RATES Professional Level Hourlv Rates Principal...................................................................................................... $225 SeniorManager ..................... .................. I ...... ....................... ...........................$199 Manager...................................................................................................................................... $185 SeniorStaff:................................................................................................................................ $165 Staff3......................................................................................................................................... $145 Staff2.........................................................................................................................................$130 Staff1.........................................................................................................................................$110 SeniorCAD' Designer...............................................................................................................$115 CADDesigner..............................................................................................................................$98 Technician.................................................................................................................................... $ 95 TechnicalEditor...........................................................................................................................$98 ProjectCoordinator......................................................................................................................$92 Special Hourly Rates National expert consultant..........................................................................................................$370 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)...................................................................................... $3-61sf Mileage (per mile)..................................................................................... Current Federal Standard FE ON LABOR AND EXPENSE CHARGES Subcontracts/subconsultants....................................................... ............................... 10% Travel and other direct costs...................................................................................................... 10% Fieldequipment & supplies........................................................................................................ 10% This is a company confidential document. I CAD= Cowputer Aided Design 122 3111/14 MARINA PARK Recieved After Agenda Printed City of Newport Beach MASTER BUDGET Agenda Item No. 8 March 11, 2014 Items noted in red are unconfirmed costs TASK DESCRIPTION BUDGETED DETAIL COST BUDGETED TOTAL ACTUAL DETAIL COST ACTUALTOTAL COMMENTS 1 CONCEPTUAL DESIGNMERMITTING $ 1,680,441 $ 1,680,441 Complete 2 LAND ACQUISITION $ 600,000 $ 600,000 In Process - Agreement approved by Council 3 SOFT COSTS $ 5,035,156 $ 5,163,709 Soft Cost Contingency $ 450,000 $ 400,000 4 HARD COSTS $ 29,543,281 $ 29,008,978 Course of Construction Contingency $ 1,938,500 $ 2,634,285 5 FIXTURES, FURNISHINGS, & EQUIPMENT FF&E $ 560,000 $ 560,000 6 CITYRESERVE $ 2,081,000 $ 2,081,009 PROJECTTOTAL $ 39,500,000 $ 39,094,000 Items noted in red are unconfirmed costs PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR MARINA PARK PROJECT — BIOLOGICAL AND ENVIRONMENTAL MONITORING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 7th day of November, 2013 ("Effective Date"), by and between the 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 biological and environmental services in support of the Marina Park Project ("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 June 30, 2016, 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. 3.1 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 Sixty Eight Thousand Three Hundred Twenty Five Dollars and 001100 ($68,325.00), 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 Anchor QEA, L.P. Page 2 not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Cappellino to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 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 Public Works Director 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 8A 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. 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 under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No Anchor QEA, L.P. Page 4 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 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 Anchor Q' A, L.P. Page 5 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 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall Anchor QEA, L.P. Page 6 be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. 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 Anchor OEA, L.P. Page 7 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. In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), 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: -+nchor • ' L.P. '.r- Attn: Iris Lee, Senior Civil Engineer Public Works Department 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 Puerta Real, Suite 350 Mission Viejo, CA 92691 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, Anchor QEA, L.P. Page 9 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. 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. Anchor QEA, L.P. Page 10 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 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT?I EfT(I� OFFICE Date: II //��// Aaron C. Harp City Attorney ATTEST: Date: i (' N By: a- 01'� - Leilani I. Brown City Clerk , 'P0ORT CITY OF NEWPORT BEACH, a California municipal corporation Date: By:72 David A. Webb Public Works Director CONSULTANT: Anchor QEA, L.P., a California l}imited partnership Date: /0/ , 'a By. t K I Ste C ppellino 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 12 EXHIBIT A SCOPE OF SERVICES Anchor QEA L.F. _— Page A-1 t)�ANCHOR QEA 27201 Puerta Real, Suite 350 Mission Viejo, California 92691 Phone 949.347.2780 October 22, 2013 Iris Lee, P.E., T.E. Public Works Department City of Newport Beach 100 Civil Center Drive Newport Beach, California 42660 Re: Marina Park Project — Revised (10-22-13) Biological & Environmental Monitoring Services Dear Ms. Lee: .Anchor QEA, L.P., is pleased to present this revised cost estimate and scope of work for biological and environmental services in support of the Marina Park project. The scope of work and costs address a portion of the general commitments imposed in the project's environmental documents, including the Mitigation, Monitoring, and Reporting Program; the U.S. Army Corps of Engineers (USAGE) permit; the Regional Water Quality Control Board (RWQCB) permit; and the California Coastal Commission Coastal Development Permit (CDP), collectively described as the project's environmental documents. This scope Of work and cost estimate has been revised from our previous submittal, dated September 17, 2013 to reflect our meeting on September 27, 2013 and the revised Scope of Services request, dated October 10, 2013. Because this costs estimate only includes initial surveys for the various monitoring elements and does not lay out a formal monitoring schedule for permit compliance, Anchor QEA assumes no liability in ensuring full compliance with all environmental commitments stipulated in the project's environmental documents, other than as described below. The determination for when to conduct construction related monitoring, and for what duration to meet permit requirements, will be made by the City of Newport Beach (City) and/or its construction manager. Additionally, other than negotiating the elements of the water www.anchorgea.com Ms. Iris Lee October 22, 2013 Page 2 quality monitoring plan (Task 5) this scope of work does not assume that Anchor QEA will be responsible for coordinating these activities with the regulatory agencies. ff—IMIP Task 1: Post -construction Eelgrass Surveys Anchor QEA understands that the pre -construction eelgrass and Caulerpa taxifolia surveys are being completed by the City of Newport Beach Harbor Resources Department. Post - construction eelgrass and C. taxifolia surveys are required as part of the project's environmental documents for the proposed dredge area. Anchor QEA will coordinate the site survey for the presence of eelgrass and C. tax1folia in the project area. The survey will be accomplished by our subcontractor, EcoMarine Environmental, LLC. Anchor QEA will document and submit survey results to the City. The cost to complete the survey assumes only the Marina Park dredge location; additional surveys of the potential beach nourishment sites are not included. The estimated cost for completing the survey is $4,250. Task 2: Pre -construction Avian Surveys Pre -construction avian surveys are required by the CDP prior to the start of construction. As requested in the revised scope of services request, our subcontractor, Keane Biological Consulting (identified as a resources specialist; environmental resources specialist), will conduct a pre -construction survey, The survey includes observing trees, existing vegetation, and habitat at the Marina Park project site (i.e., within 500 feet of any construction activities). Anchor QEA will document and submit survey results to the City. Development of an avian mitigation plan, if needed, is not included as part of this task. The estimated cost for completing Task 2, including all subcontractor work, is $1,075. Task 3: Pre -construction Grunion Surveys California grunion surveys are required prior to the commencement of any sediment deposit (beach nourishment) activities. As part of this task, two Anchor QEA biologists will conduct surveys of the proposed beach nourishment sites to determine the presence of California grunion during a seasonally predicted 4 -day run period, as identified by the California Department of Fish and Wildlife (CDFW). Following completion of the pre -construction survey, Anchor QEA will develop an inspection report and submit it to the City. Ms. Iris Lee October 22, 2013 Page 3 Assumptions specific to Task 3 include the following: * This cost estimate is the unit cost for Anchor QEA staff to survey one proposed beach nourishment site for a single 4 -day grunion run. If surveys of additional sites or for additional predicted runs are required, this unit cost would be used to calculate the overall survey cost. • Additional surveys are not included if there is evidence of California grunion spawning and/or grunion are present in or adjacent to the project site. The estimated cost for completing Task 3 is $7,500. Task 4: Cultural, Archaeological, and Paleontological Surveys and Monitoring Cultural, archaeological, and paleontological surveys will be accomplished by our subcontractor, Paleo Solutions. Paleo Solutions' Orange County Certified Paleontologist/PM, Geraldine L Aron, will prepare for and attend the pre -construction meeting to discuss and be informed of site-specific procedures and establish communications. A site inspection/survey can be conducted with the construction manager to determine where and when monitoring should take place. Development of a paleontological and archaeological mitigation report, if needed, is not included as part of this task. The estimated cost for completing Task 4, including all subcontractor work, is $3,000. Task S: Water Quality Monitoring Plan Anchor QEA will prepare a Water Quality Monitoring Plan (WQMP), as required in the issued Section 401 Water Quality Certification (WQQ. The WQMP will detail sampling frequency, station locations, sampling depths, field parameters, chemical analysis, and compliance criteria. Anchor QEA believes the turbidity compliance criteria currently listed in the Section 401 WQC is overprotective and may result in unwarranted water quality exceedances. As part of the Lower Newport Federal Channel Program in 2012, Anchor QEA conducted a special study that developed protective water quality goals (turbidity, transmissivity, and total suspended solids) for eelgrass and non-eelgrass bed areas. Anchor QEA will include these updated water quality goals in the WQMP. If requested, costs for implementing the water quality monitoring plan may be negotiated following agency approval of the WQMP. The estimated cost for completing Task 5 is $7,500. Ms. Iris Lee October 22, 2013 Page 4 Task 6 — On-call Services and Meeting Attendance If requested, Anchor QEA and our subcontractors can be available to support the City with weekly or daily monitoring on an as -needed basis and with weekly meeting attendance with costs based on our current rate sheet. Specific half- and full-day rates for our subcontractors are also included in Table I for the avian and cultural surveys, if needed. For weekly meetings, the estimated cost for attendance would be a minimum of three hours at the specified rate for the requested staff member depending on the tasks currently being performed. A not -to - exceed estimate for this item has been assumed at $45,000 and no work would be performed under this task without written direction from the City or its construction manager. Ms. Iris Lee October 22, 2013 Page 5 SCHEDULE Anchor QEA will begin this scope of work immediately upon authorization to proceed from the City. It is our understanding that construction is anticipated to commence in the first quarter of 2014 and be completed in early 2016. Pre -construction surveys would commence in fall 2013. We appreciate the opportunity to provide this proposal and welcome the City's comments or an opportunity to discuss our strategy or costs in person. This project is very exciting, and we look forward to seeing it through to completion. Sincerely, <�� Q_,L_ Steve Cappellino Principal Scientist Anchor QEA, L.P. EXHIBIT B SCHEDULE OF BILLING RATES SUMMARY OF COSTS Table 1 Esfimated COSU 7 -it M-7- =k- F V773=7 Anchor QEA, L.P. Page B-1 Anchor QEA, L L.C. 2013 BILLING RATES Professional Level Hourly Rates Principal CMS/Engineer/LAZ/Planner/Scientist............ ........................... -........................... .....$219 Senior Managing Analyst/CM/Engineer/LA/Planner/Scientist.................................................$199 Managing Analyst/CM/Engineer/LA/Planner/Scientist.,- ....................--........,..,....._.............$180 Senior Analyst/CM/Engineer/LA/Planner/Scientist.................................................................. $160 Staff 3 Analyst/CM/Enf+ineer/LA/Platnter/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 TechnicalEditor...........................................................................................................................$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% Field equipment & supplies., ......... ...... - ..... —--....................................... .................... -........ 10% This is a company confidential document. CM = Construction Manager 2 LA = landscape Architect 3 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, 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 QEA, L.P. Page C-1 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 Contributont. 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 QEA, L.P. -- _ _ Page C-2 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: 10/23113 Dept./Contact Received From: Lucie Date Completed: 10128113 Sent to Lucie By: Chris Company/Person required to have certificate: Type of contract: Anchor CEA_ LP GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/10/13-10110/14 A. INSURANCE COMPANY: Travelers Indemnity 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 X 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 X Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) X Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) X Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? X Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? X Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes X No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): X N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10110113-10/10/14 A. INSURANCE COMPANY: Travelers i 17 iA AM BEST RATING (A-: VII or greater) Co. of America A+:XV ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: N/A X N/A ❑ Yes ❑ No ❑ N/A ❑ Yes X No ❑ N/A X Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/10/13-10/10/14 A. INSURANCE COMPANY: The Phoenix Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® NIA ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ NIA ® 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: 10/28/13 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 approval is needed for non -admitted status of general liability, auto and workers' compensation carriers. Approved by Sheri on 10-28-13. Approved: Risk Management Date " Subject to the terms of the contract.