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HomeMy WebLinkAboutC-7660-1A - PSA for Balboa Island and VE Flood Zone StudiesAMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LLC FOR BALBOA ISLAND AND VE FLOOD ZONE STUDIES THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this 10th day of May, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANCHOR QEA, LLC, a California limited liability company ("Consultant"), whose address is 1201 3rd Avenue, Suite 2600, Seattle, WA 98101, and is made with reference to the following: RECITALS A. On April 23, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide Balboa Island and VE Flood Zone Studies ("Project") . B. On November 3, 2020, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, update the Schedule of Billing Rates, extend the term of the Agreement to June 30, 2021, amend the Notices Sections, and update the Insurance Requirements. C. On May 1, 2021, City and Consultant entered into Amendment No. Two to extend the term of the Agreement to June 30, 2022. D. On March 22, 2022, City and Consultant entered into Amendment No. Three to reflect the increased volume of Work that was not originally anticipated, extend the term of the Agreement to June 30, 2023, increase the total not -to -exceed compensation, update the project manager, and notices section, and update Insurance Requirements. E. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to April 22, 2024, update the project manager, and notices section. 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 April 22, 2024, unless terminated earlier as set forth herein." 2. PROJECT MANAGER Section 5.1 of the Agreement shall be amended in its entirety and replaced with the following: "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 Anchor QEA, LLC Page 1 times during the Agreement term. Consultant has designated Michael Whelan, PE 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." 3. NOTICES Section 25.3 of the Agreement shall be amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Michael Whelan, PE Anchor QEA, LLC 1201 3rd Avenue, Suite 2600 Seattle, WA 98101 " 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Anchor QEA, LLC Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNff'S OFFICE Date: S Z,' )A By: C n Cit ATTEST: Date: go CITY OF NEWPORT BEACH, a California municipal co r oration Date: ?i By: o5p3 , GPqK. Leung nager CONSULTANT: Anchor QEA, LLC, a California limited liability company Date: Bv: Leilani I. Brown Steve Cappellino City Clerk Managing Partner Date: Bv: Katie Chamberlin Managing Partner [END OF SIGNATURES] Anchor QEA, LLC Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORIJEY'S OFFICE Date: 5 3123 l .City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Grace K. Leung City Manager CONSULTANT: Anchor QEA, LLC, a California limited liability company Date: By: .�� Steve pellino Managing Partner Date: ✓ a'vZ 3 By: Katie Chamberlin Managing Partner [END OF SIGNATURES] Anchor QEA, LLC Page 3 M LLJ ui < _ CL L) \ � cn a, ) z < < z < < j62 0 2 E E u 65 4 0' US 0 u cn 0 u a C) 3 i AMENDMENT NO. THREE TO r PROFESSIONAL SERVICES AGREEMENT v WITH ANCHOR QEA, LLC FOR BALBOA ISLAND AND VE FLOOD ZONE STUDIES THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 22nd day of March, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANCHOR QEA, LLC, a California limited liability company ("Consultant"), whose address is 1201 3rd Avenue, Suite 2600, Seattle, WA 98101, and is made with reference to the following: RECITALS A. On April 23, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide Balboa Island and VE Flood Zone Studies ("Project"). B. On November 3, 2020, City and Consultant entered into Amendment No. One to the Agreement to reflect additional services not previously included in the Agreement, update the Schedule of Billing Rates, extend the term of the Agreement to June 30, 20201, amend the Notices Sections, and update the Insurance Requirements. C. On May 1, 2021, City and Consultant entered into Amendment No. Two to extend the term of the Agreement to June 30, 2022. D. Since entering into Amendment No. Two Consultant was asked to perform a higher volume of Work than was originally anticipated. E. The parties desire to enter into this Amendment No. Three to reflect the increased volume of Work, to extend the term of the Agreement to June 30, 2023, increase the total not -to -exceed compensation, update the project manager, and notices sections, and 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 June 30, 2023, 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 One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Thousand Dollars and 00/100 ($30,000.00). 3. PROJECT MANAGER Section 5.1 of the Agreement is amended in its entirety and replaced with the following: "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 David Cannon 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." 4. NOTICES Section 25.3 of the Agreement is amended in its entirety and replaced with the following: 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: David Cannon Anchor QEA, LLC 1201 3rd Avenue, Suite 2600 Seattle, WA 98101 5. INSURANCE Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C attached hereto. Anchor QEA, LLC Page 2 6. 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 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: ar C. H C C. y 03.h JM ATTEST: Date:o_o� By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: ,,��3� 2ayZ By: Gr . Leung Ci Manager CONSULTANT: Anchor QEA, LLC, a California limited liability company Date: Signed in Counterpart Steve Cappellino Managing Partner Date: Signed in Counterpart By: John Verduin Managing Partner [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements Anchor QEA, LLC Page 4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Fkar C. H CoAttor y ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Grace K. Leung City Manager CONSULTANT: Anchor QEA, LLC, a California limited liability company Date: l 2 2 z By: Steve Cappe ino Managing Partner Date: 3Z16Azon- By: / "vim/L 1 4. John erduin Managing Partner [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements Anchor QEA, LLC Page 4 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 Anchor QEA, LLC Page C-1 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. 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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.- Anchor ollowing: Anchor QEA, LLC Page C-2 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. 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. E. 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 Anchor QEA, LLC Page C-3 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. F. 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. G. 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. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, 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. 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 \ \ \ \ \ \ / _ < © j \ / - j \ J . 2 J 2 J / \ _ \ } - _ \ \ \ \ } \ \ \ 2 4 \ 2 «_ _ _ j \ \ \ \ \ 7 = < u a Cn ® \ \ \ \ / \ \ \ \ 2 J 2 J ILI -o § \ \ 2 i \ \ \ \ \ \ \ \ \ v z « \ � . r : -.r 2 \ » J 9 AMENDMENT NO. TWO TO i V PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LLC FOR BALBOA ISLAND AND VE FLOOD ZONE STUDIES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 1st day of May, 2021 ("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 1201 3rd Avenue, Suite 2600, Seattle, Washington 98101, and is made with reference to the following.- RECITALS ollowing: RECITALS A. On April 23, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide Balboa Island and VE Flood Zone Studies ("Project"). B. On November 3, 2020, City and Consultant entered into Amendment No One to the Agreement to reflect additional Services not included in the Agreement, update the Schedule of Billing Rates, extend the term of the Agreement to June 30, 2021, amend the Notices Sections, and update the Insurance Requirements. C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to June 30, 2022. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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 June 30, 2022, unless terminated earlier as set forth herein." 2. 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] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: '-i-f 21 C X21 By: Aaron C. Harp q.I(- i City Attorney ATTEST: Date: r By: o*w-- Leflani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: APR 2 3 2021 By: GdagLeung Cier CONSULTANT: ANCHOR QEA, LLC, a Washington limited liability company Date: By: Signed in Counterpart Steve Cappellino Member Date: Signed in Counterpart By: John Verduin Member [END OF SIGNATURES] 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 ATTORNEY'S OFFICE Date: `-/ 2 I/ Zvz 1 By- Aaron y Aaron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: ANCHOR QEA, LLC, a Washington limited liability company Date:% r By: Steve appellino Member Date: 4,1 By: i John erduin Member [END OF SIGNATURES] Anchor QEA. LLC Page 2 1 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LLC FOR BALBOA ISLAND AND VE FLOOD ZONE STUDIES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 3rd day of November, 2020 ("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 1201 3rd Avenue, Suite 2600, Seattle, WA 98101, and is made with reference to the following: RECITALS A. On April 23, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide Balboa Island and VE Flood Zone Studies ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, update the Schedule of Billing Rates, extend the term of the Agreement to June 30, 2021, amend the Notices Sections, and update the 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 June 30, 2021, 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, Exhibit B to this Amendment No. One shall collectively be known as "Exhibit B." 4. NOTICES Section 25.3 of the Agreement is amended in its entirety and replaced with the following: "25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at.- Attn: t: Attn: Ying Poon, D.Sc., PE Anchor QEA, LLC 1201 3rd Avenue, Suite 2600 Seattle, WA 98101 " 5. INSURANCE REQUIREMENTS Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C attached hereto. 6. 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: (n1 -7 -7/20 -KD By- (2x'- -)P"- Aaron C. Harp a0 City Attorney `p ATTEST- Date-.— r TTEST:Date: r By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municial corporation Date: OCT 2 2020 By: Gr . Leung Ci Manager CONSULTANT: ANCHOR QEA, LLC, a Washington limited liability company Date: By: Signed in Counterpart Steve Cappellino Managing Partner Date: C Signed in Counterpart John Verduin Managing Partner [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements �[C.GW3*�&f6s�5'. � � 3:�ilS�`Yb1i.4N%3 - 'TIF£C29YeY6BEil�A`1'�9.RF`+.6h9A€G8� 3N1¢R _aA+T348 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:0 2 _ ?O By:�-P� Aaron C. Harp City Attorney �p ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Grace K. Leung City Manager CONSULTANT: ANCHOR QEA, LLC, a Washington limited liability company Date: t t1Z/ZO By: St6e tappellino Managing Partner Date: /D�44220 By: l John erduin Managing 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 SCOPE OF SERVICES Anchor QEA, LLC Page A-1 EXHIBIT A SCOPE OF SERVICES Re: FEMA LOMR Application for Balboa Island Anchor QEA, LLC, (Anchor QEA) shall assist the City of Newport Beach (City) in preparing an application for a Letter of Map Revision (LOMR) for Balboa Island to be submitted to the Federal Emergency Management Agency (FEMA). Scope of Work Task 6: LOMR Application Package Anchor QEA will research and review the latest FEMA requirements for the submission of a LOMR for Balboa Island. We will assist the City in preparing the application package which includes documenting the technical analyses to support the application, filling out all the necessary forms, and compiling all the required certifications. The technical analyses to support the application will be based on the 2D hydrodynamic modeling that we recently completed for the City using the FEMA - approved HEC -RAS 2D model to evaluate the flood conditions at Balboa Island with the addition of the 9 -inch cap to the seawall at Balboa Island. The results of the modeling will be used to prepare a revised Flood Insurance Rate Map (FIRM), at the scale of the effective FIRM, which shows the revised boundary delineation of the floodplain as required by FEMA. Deliverables The following deliverables will be provided as part of Task 6: • Completed LOMR application package • Revised FIRM in FEMA -specified GIS format Task 7: Project Coordination and Meetings Anchor QEA will prepare for and attend meetings/conference calls with the City to review progress and coordinate with City staff during preparation of the application package. We will also assist City staff in preparing for City Council meetings. Task 8: FEMA Coordination We anticipate that after submitting the application package to FEMA, we will need to respond to comments from and provide additional information to FEMA staff. We also anticipate we will need to meet with FEMA staff to present the technical approach and results of the technical analyses as well as to coordinate the transfer of data to FEMA staff. We propose to complete Tasks 6 through 8 of this scope of work on a time -and -materials basis for a fee not to exceed $30,400 without written authorization. All labor and expenses will be billed in accordance with the attached rate schedule (Attachment). EXHIBIT B SCHEDULE OF BILLING RATES Anchor QEA, LLC Page B-1 Anchor QEA, LLC BILLING RATES for Tasks 6-8 Professional Level Hourly Rates Principal2............................................................................................................................................................................. $280 Principal1............................................................................................................................................................................. $275 SeniorManager.................................................................................................................................................................. $248 Manager................................................................................................................................................................................ $231 SeniorStaff............................................................................................................................................................................ $205 Staff3..................................................................................................................................................................................... $181 Staff2..................................................................................................................................................................................... $161 Staff1..................................................................................................................................................................................... $136 SeniorCAD' Designer...................................................................................................................................................... $142 CADDesigner...................................................................................................................................................................... $120 Technician............................................................................................................................................................................ $115 SeniorTechnical Editor.................................................................................................................................................... $145 TechnicalEditor.................................................................................................................................................................. $120 SeniorProject Coordinator............................................................................................................................................ $138 ProjectCoordinator.......................................................................................................................................................... $114 EXPENSE BILLING RATES Expense Rates ComputerModeling (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% Traveland other direct costs...........................................................................................................................................10% Fieldequipment and supplies........................................................................................................................................10% '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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 Anchor QEA, LLC Page C-1 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. 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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: Anchor QEA, LLC Page C-2 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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. 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. Anchor QEA, LLC Page C-3 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, 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, LLC Page C-4 Anchor QEA, LLC From: Customer Service To: Ramirez, Brittanv; Insurance Cc: saaar(d)ebix.com Subject: Compliance Alert -Vendor Number FV00000311 Date: Monday, November 23, 2020 5:36:37 PM [EXTERNAL EMAIL I DO NOT CLICK links or attachments unless you recognize the sender and know the content is sate. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV0000031 1 Anchor QEA, LLC Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. g �— PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LLC FOR Cl BALBOA ISLAND AND VE FLOOD ZONE STUDIES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 23rd day of April, 2019 ("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 1141 Fourth Avenue, Suite 1210, Seattle, Washington 98101, 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 Balboa Island and VE Flood Zone Studies ("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, 2020, 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 Ninety Thousand Dollars and 00/100 ($90,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 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, LLC 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 5.1 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 Ying Poon, D.Sc., PE 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 Community Development Department. City's Deputy Community Development Director/Chief Building Official 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 community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 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 Anchor QEA, LLC Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 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. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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. 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 Anchor QEA, LLC Page 4 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 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 Anchor QEA, LLC Page 5 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, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information 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, LLC 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. fTi�49��:I,N7�71►[�� 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, LLC 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") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. 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: Deputy Community Development Director/Chief Building Official Community Development 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: Ying Poon, D.Sc., PE Anchor QEA, LLC 1141 Fourth Avenue, Suite 1210 Seattle, WA 98101 Anchor QEA, LLC 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. 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 Anchor QEA, LLC Page 9 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, 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, LLC 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: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: Aar C. Harp +i l� Ab Grac . Leung City Attorney City anager ATTEST: Date: By:wY�'l/r��j I/p ryL� Leilani I. Brown City Clerk CONSULTANT: Anchor QEA, LLC a Washington limited liability company Date: Signed in Counterpart By: Steve Cappellino Member Signed in Counterpart A John Verduin Member [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Anchor QEA, LLC Page 11 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: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Lt (By: eAAar C. Harp u" �Iq Grace K. Leung City Attorney City Manager ATTEST: Date: Leilani I. Brown City Clerk CONSULTANT: Anchor QEA, LLC a Washington limited liability company Date: q11 -7 By: Steve appellino Member Da [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Anchor QEA, LLC Page 11 EXHIBIT A SCOPE OF SERVICES Anchor QEA, LLC Page A-1 9700 Research Drive ANCHOR Irvine, California 92618 949.347.2780 QEA c April 1, 2019 Samir Ghosn Deputy Community Development Director/Chief Building Official City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Re: Scope of Work and Cost Estimate for Study Approach for Newport Coast VE Zone Dear Mr. Ghosn, Anchor QEA, LLC, is pleased to present this scope of work and cost estimate to assist the City of Newport Beach (City) to prepare an approach for a technical study that can be used to support the submission of a Letter of Map Revision (LOMR) for the Newport Coast (VE Zone) to the Federal Emergency Management Agency (FEMA) and to meet with FEMA staff to discuss the approach. The scope of work is as follows: 1. Prepare a technical memorandum to summarize FEMA's methodology and shortcomings in delineating the Newport Coast VE Zone in their revised Flood Insurance Rate Map and provide a detail description of proposed studies to delineate flood limits along the Newport Coast based on the use of better science under the FEMA -defined 100 -year combined wave and tide condition. 2. Meet with FEMA technical staff to discuss the proposed scientific studies and seek their feedback. 3. Revise the approach based on feedback from FEMA. We propose to complete Tasks 1 through 3 of this scope of work on a time -and -materials basis with the billing rates shown in the attached rate sheet, for a fee not to exceed $15,000. Please do not hesitate to contact me by phone at 714-801-8598 or via email at ypoon0anchorgea.com if there are any questions or concerns with this scope of work. Thank you for the opportunity to continue to serve the City. Sincerely, Ying Poon, D.Sc., PE Principal Engineer Attachment Attachment A 2019 Billing Rates 9700 Research Drive,� l/p� ANCHOR Irvine, California92618\ / QEA c 949.347..278080 ►..l March 27, 2019 Samir Ghosn Deputy Community Development Director/Chief Building Official City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Re: Scope of Work and Cost Estimate for FEMA LOMR for Balboa Island Dear Mr. Ghosn, Anchor QEA, LLC, is pleased to present this scope of work and cost estimate to assist the City of Newport Beach (City) to submit a Letter of Map Revision (LOMR) for Balboa Island to the Federal Emergency Management Agency (FEMA). We understand that the City has recently completed the addition of a 9 -inch cap to the seawall at Balboa Island. The City believes that with this newly added cap, a new flood modeling study will show that many of the properties on Balboa Island should be outside of the flood zones on the FEMA -revised Flood Insurance Rate Map (FIRM). Scope of Work Task 1: Site Visit Anchor QEA will conduct a site visit to observe the newly added seawall cap around Balboa Island. The purpose of the visit is to see whether there is any condition of the cap (e.g., gaps) that may affect the flood modeling work described in Task 3. In addition to making observation of the cap, we will visit the few known low-lying areas (e.g., the ferry landing area) of the island where flooding always occurs during high tide. The site observations will help us to make suggestions on potential mitigation solutions that may help to minimize flooding in those areas. Task 2: Survey Coordination To submit a LOMR to FEMA based on a change in site condition, the City needs to hire a registered surveyor to conduct a survey of the seawall cap and submit the data to FEMA. Anchor QEA will coordinate with the surveyor hired by the City to define the survey requirements (e.g., vertical accuracy, density of survey points, and photograph documentation) and review the survey data to make sure that we will have the needed information for flood modeling. In addition, as we have discussed recently, it would be cost effective to have the surveyor survey the known low-lying areas on Balboa Island while they are deployed to survey the seawall cap. We will work with the surveyor to identify areas that need to be surveyed and review the survey data. March 27, 2019 Page 2 Task 3: Technical Study to Support LOMR Anchor QEA will conduct 2D hydrodynamic modeling using the FEMA -approved HEC -RAS 2D model to evaluate the flood conditions at Balboa Island with the addition of the 9 -inch cap. We will use the same model setup that has been used for the appeal of the preliminary FIRM and will update the model with the survey data collected by the surveyor hired by the City. The FEMA -defined 1% total water elevation will be used to simulate flood conditions. The model output will be processed to develop a proposed revised flood map in FEMA -specified GIS format. Deliverables The following deliverables will be provided as part of Task 3: • A technical memorandum summarizing the data, methodology, and model results • Proposed revised flood map in FEMA -specified GIS format Task 4: FEMA Coordination When the City filed for an appeal to the FEMA preliminary FIRM, we learned that it is advantageous to involve FEMA's technical staff at the onset of the appeal process to have their buy -in on the technical approach to support the appeal. We anticipate that throughout the preparation and submission of the LOMR we will have several in-person meetings with FEMA staff to review results of the technical analyses and coordinate the transfer of data to FEMA for their review. Task S. Project Coordination and Meetings Anchor QEA will prepare for and attend regular meetings with the City to review progress, coordinate work assignments, and refine the work approach as needed. We will also assist City staff in preparing for City Council meetings. It is anticipated that there will be up to six meetings with the City staff and two City Council meetings throughout the study period. In addition, we will assist the City in the preparation of the LOMR submission. We propose to complete Tasks 1 through 5 of this scope of work on a time -and -materials basis with the billing rates shown in the attached rate sheet, for a fee not to exceed $75,000. Please do not hesitate to contact me by phone at 714-801-8598 or via email at ypoon@anchoraea.com if there are any questions or concerns with this scope of work. Thank you for the opportunity to continue to serve the City, Sincerely, Ying Poon, D.Sc., PE Principal Engineer Attachment Attachment A 2019 Billing Rates EXHIBIT B SCHEDULE OF BILLING RATES Anchor QEA, LLC Page B-1 Anchor QEA, LLC 2019 CLIENT BILLING RATES Professional Level Hourly Rates Principal................................................................................................................................................................................. $267 SeniorManager.................................................................................................................................................................. $238 Manager................................................................................................................................................................................ $222 SeniorStaff.. ........................................................................... ............................................................................................. $197 Staff3..................................................................................................................................................................................... $174 Staff2..................................................................................................................................................................................... $155 Staff1..................................................................................................................................................................................... $131 SeniorCAD' Designer...................................................................................................................................................... $137 CADDesigner...................................................................................................................................................................... $115 Technician............................................................................................................................................................................ $111 SeniorTechnical Editor......::........._.................................................................................................................................$139 TechnicalEditor.................................................................................................................................................................. $115 SeniorProject Coordinator............................................................................................................................................ $133 ProjectCoordinator.......................................................................................................................................................... $110 Special Hourly Rates Nationalexpert consultant............................................................................................................................................ $441 All work by a testifying expert .................................................................................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates ComputerModeling (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/su bco nsu Ita nts Travel and other direct costs . Field equipment and supplies This is a company confidential document. ' 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 Anchor QEA, LLC Page C-1 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. 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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: Anchor QEA, LLC Page C-2 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 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. Anchor QEA, LLC Page C-3 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, 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, LLC Page C-4 From: E%IGIS RiskWorks To: Ramirez Brittany Cc: Nauven Anthony Subject: City of Newport Beach: Notice of Waiver for Anchor QEA, LLC Date: Tuesday, April 30, 2019 4:15:06 PM Dear Business Partner, City of Newport Beach has completed its review of the insurance documentation submitted on behalf of Anchor QEA, LLC and has waived its standard insurance requirements. The following comments were provided: Evaluation waived by reviewer No further action is required at this time. You will receive a renewal notice requesting the submission of updated insurance documentation in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at support exigis.com or 800-430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 support(i4exigis.com Organizational Unit : City of Newport Beach -> Community Development Agreement Name: Balboa Island and VE Flood Zone Studies