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Home My WebLink About07 - Anchor QEA Amend 1Agenda Item No. 7 July 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 - 3311, dawebb @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager 949 - 644 - 3043, cmiller @newportbeachca.gov APPROVED: TITLE: Amendment No. 1 with Anchor QEA, L.P., for Consultant Services to Provide Necessary Water Quality and Field Management Services for the Lower Bay Dredging Project ABSTRACT: As Anchor QEA, L.P. ( "Anchor QEA") was already under contract to provide the necessary water quality monitoring and sediment sampling for Phase I of the Lower Harbor Dredging, Anchor QEA was requested and provided necessary services for water quality monitoring and sediment sampling for Phase II of the Lower Bay Dredging Project. The attached Amendment No. 1 memorializes the extra services provided by Anchor QEA for the Phase II Project. RECOMMENDATION: Approve and execute Amendment No. 1 with Anchor QEA for required water quality and field management services for Phase II of the Lower Bay Dredging Project. FUNDING REQUIREMENTS: Anchor QEA has performed the requested additional services for a not -to- exceed cost of $142,198.00. Funds are available in the Capital Improvement Projects budget, account No. 7241- C4402003. DISCUSSION: Anchor QEA assisted the City with necessary water quality and permit compliance services for Phase I of the Project. Midway through Phase I, the City decided to dredge additional areas as Phase II of the Project to take advantage of the Army Corps of Engineers presence in the harbor with their dredge equipment. Because of the federal government's budget shortfall in funding the Project, the City was forced to intervene and contribute funds for the water quality and sediment sampling efforts. This included 1 of 12 Amendment No. 1 with Anchor QEA, L.P., for Consultant Services to Provide Necessary Water Quality and Field Management Services for the Lower Bay Dredging Project July 09, 2013 Page 2 assisting in the negotiation and execution of a Santa Ana Regional Water Board "Monitoring and Report Plan" for Phase II to monitor for adverse impacts associated with dredging. As the Project was in full construction mode at the time, City staff requested and Anchor QEA agreed to provide the same level of necessary monitoring and sampling services at the same billing rates for Phase II as they have contracted for under Phase I. Anchor QEA's efforts also included water quality monitoring and chemical analysis, as well as conformational sediment analysis at the end of the Project. The attached Amendment No. 1 memorializes the additional work provided by Anchor QEA on the Project to keep it on schedule and on budget. Scope of Services Task 1: Phase II — Necessary Water Quality and Sediment Sampling. (Please see the attached Scope of Services for a detailed description of the Work). ENVIRONMENTAL REVIEW: This federal project has been evaluated by the Army Corps of Engineers, South Pacific Division, Los Angeles District under the National Environmental Policy Act as an Environmental Assessment which concluded that the project will not have a significant adverse impact upon the existing environment or the quality of the human environment. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers this item). Submitted by: David A. We b Public Works Director Attachments: A. Vicinity Map of Lower Bay Dredging Project B. Amendment No. 1 2of12 ') `'° �.°' a 1. u -. Y �{G �S'� l\� «y° \'eF— }•�ra'�'±'.. iJ A - z 7 Y { 3 ;} X0413 0411 - 4-17 0-1 -10 s4-8 SOl1BCE: Aeria�hom Birg man. LOdineslmm Glv of Newport Beam. LEGEND: NOBQOMALMTNM: GlNpmu 6tite plane, Zane 6, NAM. WE ALOANM: mean 1pw<r bwwattr(MLLM Oeo Sampling lmna r5 Area la Area Aa Area lb Area ab d Area 2 Area 5 o1e m o— Area 3 ATTACHMENT A 3of12 ATTACHMENT B AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA FOR WATER QUALITY AND FIELD MANAGEMENT SERVICES FOR THE LOWER NEWPORT BAY DREDGING THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 29th day of May, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter City ( "City "), and Anchor QEA, a California corporation ( "Consultant "), whose address is 26300 La Alameda, Suite 240, Mission Viejo, CA 92691, and is made with reference to the following: IA*411 r_1m A. On May 8, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for water quality and field management services for the Lower Newport Bay dredging project ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on May 8, 2012, and shall terminate on June 30, 2015 unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated May 9, 2013, attached hereto and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section, the Schedule of Billing Rates attached to the Agreement as Exhibit B and the Proposal attached hereto as Exhibit B -1 and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Forty Five Thousand Two 4of12 Hundred Fifteen Dollars and 00/100 ($545,215.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be In full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: zo / 13 i� Aaron C. Harp City Attorney F-111 a 1 *1111 lI ( �o r CITY OF NEWPORT BEACH, A California municipal corporation By: Keith D. Curry Mayor CONSULTANT: Anchor QEA, a California limited partnership BY: Leilani I. Brown Steve Cappellino City Clerk Senior Partner [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services dated May 9, 2013 Exhibit B -1 - Proposal Anchor QEA Page 2 5of12 EXHIBIT A SCOPE OF SERVICES DATED MAY 9, 2013 Anchor QEA Page A -1 6 or 12 ANCHOR QEA 26300 La Alameda, Suite 240 Mission Viejo, California 92691 Phone 949.347:2780 fax 949.334.9646 May 9, 2013 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Re: Revised Scope of Work for Phase II Lower Newport Bay Dredging Support Dear Mr, Miller: Anchor QEA, L.P., is pleased to have supported the City of Newport Beach (City) with water quality and permit compliance services related to the Lower Newport Bay Federal Dredging Program, Phase I dredging activities have been completed and the contractor (RE Stnite) recently completed Phase II operations, which included additional dredging within multiple areas throughout Lower Newport Bay (LNB). As with the Phase I program, Phase 11 of the LNB dredging effort was a federally sponsored program to restore navigation depths to the federal channels throughout the Bay. Because of a budget shortfall with federal funding for the project, the City was forced to intervene and contribute funds to the program: This included assisting in the negotiation and execution'of a Santa Ana Regional Water Board water quality and-sediment monitoring program to monitor for adverse impacts associated with the dredging effort. In addition to assisting the City in the development and implementation of a water quality monitoring program for the federal areas, Anchor-QEA also assisted with permitting and design: activities for dredging the backside of Linda Isle, which lies on joint City and County of Orange (County) tidelands. Although permitted separately, construction of this project was included as part of die Phase Ii federal dredging project. 7of12 Mr. Chris Miller May 9.2013 To continue supporting the dredging program for LNB, two additional tasks were required, as outlined below: • Task 1 — Phase 11 Water Quality and Sediment Sampling • Task 2 — Linda Isle City /County Permit Support (Task 2 costs and project details are described under separate cover) This Scope of Work details work elements for Task 1 only. A separate letter has been submitted to cover Task 2 changes. Task 1: Phase II Water Quality and Sediment Sampling During the end of the Phase I operations, Anchor QEA assisted the City in negotiating a revised Monitoring and Reporting Plan (MRP) to cover Phase II dredging operations. The revised MRP for LNB is attached, which details the specific requirements of the'program. Work elements for Phase II were'modi£ied .fr. orii those required for Phase I. Water quality monitoring and chemical analyses were required in three dredge areas; water quality was conducted once per week during dredging and water samples were collected fox chemical analyses once in each of the three dredge areas. In addition, confirmational sediment sampling was required at two of the dredge areas where corrtantinated sediments occurred at depths below the planned dredge prism. At the conclusion of the program, a detailed summary report is required to comply with the Santa Ana Regional Water Board permit. The original budget estimated for this task was $62,374 and was based on the following Ivey assumptions: RE Staite would continue dredging, as in Phase I, utilising tcvo dredges operating. simultaneously. o Each dredge area would be completed before moving to a new area. This is important because the Water Board monitoring plan dictated the frequency of monitoring based on the number of starts and stops for each dredge area on a weekly basis. • Based on the rate 6t which sediment was removed for Phase I (with two dredges), the total number of field days to meet the requirements of the monitoring program. during dredging was calculated to be 15 days. • No post- dredge sediment toxicity woti.kl be required. 8of12 Mr. Chrls 14iller May 9, 2013 Page 3 These assumptions were largely not met during constriction for the following reasons: • RE Staite moved their larger capacity dredge out of INB for use on a different project about half way through the program. Instead., they used two smaller dredges for part of Phase If dredging and then relied on just one dredge for the remainder of Phase II dredging. This resulted in a slower dredge rate than was originally anticipated, and consequently the slower operation resulted inadditional field.days. • In the City /County dredge area, dredging was performed intermittently to coincide' with the tides and for very limited hours each day. Prior to completion of this area, the dredge was moved out of this area and into a different dredge area for a few weeks. This resulted in additional field days, because mo;uitoring was required each time a different area was dredged, • The actual-number of field days. to comply with the permit was 24 clays (nice additional days), a There was frequent communication problems with the dredge contractor regarding planned activities that resulted in numerous field events that resulted in no samples collected because the dredge was operating in an area different than what was communicated previously.' a The permit required toxicity testing of post- dredge sediments in two dredge areas, which increased the analytical cost of the project significantly. ' Basel( on the above deviations from the original assumptions, the estimated cost to complete this task is approximately $142,000. Of this amount, approximately $134,000 has been expended and approximately $8,000 remains for completion of the project closure reports to the various regulatory agencies and final .lab fees. The attached detailed cost sheet presents the labor and direct cost assumptions estimated to complete the required field and reporting effort. Monitoring and reporting for the federal and City /County dredge areas are both included in this task. SUMMARY OF COSTS The following table summarizes the costs for the.above tasks. A detailed cost breakdown is attached to this scope of work to provide supporting information and assumptions 9of12 Mr. Chris Miller May 9, 2013 Page 1 (Attachment A). The attached table includes costs for both Tusks 1 and 2 for reference only. The current Scope of Worlc is for Taslc 1.. These costs represen.tnot.-to- exceed time and materials estimates. Table 1 Summary Budget Estimate by Task Item Estimate Level of Effort Task 1, Phase II Water Quality and Sediment Sampling $142,198 ` Task 2. Linda Isle Permit Suppori* .Total $142,198 " Task 2 costs-and protect details are described. under separate cover. We appreciate the opportunity to continue supporting the City with the LNB Federal Dredging Program. If there are any questions about this scope of work, please do not hesitate to contact us at (949) 347 -2760. Sincerely, Steve Cappellino Anchor QEA, L.P. 10 of 12 EXHIBIT B -1 PROPOSAL Anchor QEA Page B -1 11 of 12 ANCHOR O'A, LC. 2013 PROJECT COST ESTIMATING FORM 'PMPDWVPMi -c,. Name: City or Newpar. Bead, 04rz(13 I! NB Pivse it and Citp!CoLSy Task t -°hass 0w- ar OwW.d sedunam SeO --9 TasY.2 -! ilea Isle �sJJCv1s11 Prmi Svppert Copy ofAIlES CM �'OCt EsSmae? -tsl: Taal ter.) Nambc.- Prepated: CappeEno 12 of 12 3mn9 — — — — — . — — — Total TOL?I Lahor Cat odes Rate Task, Tsk2 Haurs ➢altars Pri[tcpal CL'JEnarPJVPL Sci S 219 42 6 0 0 0 0 0 0 a 0 48 s 10 ,612 Sr V.=amn A, -4,al l -n, W' PleNs6 $. 199 24 8 0 0 0 0 a ) 0 0 0 32 5 6.368 mia iirc Anaks['GY,F^gf^ -F: rfarG.^_' s 180 0 ( 24 0 0 0 0 0 [ 0 0 0 2A 3 4,320 Seniac 0. -zIyr: I'}4JOL.LFaetSd s 150 24 47 0 0 0 0 9 0 9 0' 71 5 11,360 Stz, _�cAvP- Y,L=c'Sci S 145 120 ]!f 0 0 0 0 0 0 -0 192 5 22,710 StsT 2 A� vWCI.NEngHLYFla'S s 120 520 I 0 0 0 0 0 0 0 0 0 520 5 67,200 Sff : Atr_;ystlCFNEr.91P,F.PIaNSd S i i0 0 0 0 0 0 0 0 0 0 0 0 5 - Se,de CAO➢eslyner s 115 0 0 0 0 0 0 0 0 0 0 0 $ - CA ueslena S Se 23 0 0 0 0 0 0 0 0 a 20 s ? , (y.dmml) �chriain aaamr 2 1$ S2 0 � - \aSa =[ E[cetl Cvu-YL� t 0 0 0 0. 0 0 - 0 0 0 0 S t 0 0- U 0 0 0 0 0 9� 1 Totel�Labar 5 111,980,5 26.055 S - s - 3 - s - s -�s - s - - s 1se,03e !!!! A r Rare 3 140 Nt:lpse L.d3rce1 s 14.= S - S - s - s -. 3 _ 5 - s - s - s 5 15.000 �Chemfml Ldlt Toiis^j TSd g {1Ja�.11us) $ <.000 5 - s - s - 5 - s - 5 Y - s - ? _I s 4.090 GN.00. =.nEa�xNSwrey -:g- 5 - s - s - s - s - 5 - .- s - S - s - S .- IS - '+p'aq".��1Slivers S. - s 13.000 s - 5 - s - s - s - s - s S - s t;em 5 - $ - s - s - s - S - $ - $ - s - s - s - Is - 5 - 5 - s - 5 - s - s - s -Is Total Cost , $ 19,000 5 13,000 5 - $ - s - s' - 5 - $ -is, tmrkup an suSmn:W[srRS SJM - 95 0 s 6se 3 s - $ _,I S ,- I Si•.600 Reimbursable^, CAWCe nput.r [Jhr) smoc 5 - s - S - s - s - S - 5 - s - s - s - - Il MSeaOe (Venue) 1 511.500 s - S s - s - s - 3 - s - s - $ - 5 - Cc- ies (S2epy) 50.10 3 - s - S - 5 - s - s - 5 - s - S - s - Anchor 1,=(S ay) 4300 s 4,650 5 - $ -'$ - $ - 3 - $ - 5 - S s - 5 <650 Faxes (SFss) $160 s - s - 5 - 5 - s - 3 - s - - 5 - 5 - s - Ou, da EVensee s - 5 - 5 luck Renal - S Zane 3 - S - s - S - s - 3 - s - s - s - I s 2,000 P.epmJAldNaq 3 - s - $ - s - s - $ - 5 - 5 - s - s - [daVFadesJCmsier s 1,500 S - S - $ - 3 - s - 3 - s - s - s $ 1,500 CSrtce,Ea51 srP Rental 4 - $ - 5 - 3 - s - 3 - 3 - 3 - s s - Fiur� Sa linq EgafP.—t s 1.350 $ - , s 5 - S - 3 - $ 3 - 5 - 5 :,250 kticYG:�o3 i s 5661 3 - s - s - $ - $ - s - S - S 3 ma [czy T. mCOZy 10.0�I3 X0256 6farbrPmomiaa SAs.'v Is - $ - s - 5 - s - s - 3 - 5 -IS -I Is SuPuree S S nfiNtl�supP�P= rius�l 56% S - s - s - s -Is TOTAL COSTS S 142,198 5 39,706 S - S - 5 - s 7s - I S - 5 - S - S 181,su 12 of 12