HomeMy WebLinkAbout08 - Marina Park Biological & Environment MonitoringCITY OF
NEWPORT BEACH
City Council Staff Report
March 11, 2014
Agenda Item No. 8.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave A. Webb, Public Works Director— (949) 644 -3330,
dawebb@newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
PHONE: (949) 644 -3323
TITLE: Amendment No. 1 to the Professional Services Agreement with Anchor QEA,
L.P., for Marina Park Biological and Environmental Monitoring Services Contract
No. 3897 -H (CAP09 -0070)
ABSTRACT:
Anchor QEA, L.P. (Anchor) was retained in November 2013 to provide initial biological and
environmental monitoring services and a formal monitoring Needs Assessment Plan for the
Marina Park Project. The Needs Assessment Plan has now been completed, and additional
funds are being requested for Anchor to provide required monitoring services for the
construction phase.
RECOMMENDATION:
Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Anchor
QEA, L.P. of Mission Viejo, California, at a not -to- exceed cost of $113,325.00, and
authorize the Mayor and City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for the amendment. A total of
$113,325.00 will be expended from the Marina Park project account number 7411-
$4002002.
DISCUSSION:
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On October 3, 2013, the City received the Coastal Development Permit (CDP) for the
Marina Park Project. The CDP was the last of the regulatory permit series required to start
construction. As with other coastal projects, environmental and biological monitoring is
required to meet the general commitments of the project's regulatory documents from
outside agencies, including the U.S. Army Corp of Engineers, Regional Water Quality
Control Board, and the California Coastal Commission.
On August 12, 2013, staff solicited proposals to provide initial biological and environmental
monitoring services and formal monitoring Needs Assessment Plan in conformance with the
Marina Park regulatory permit conditions. Anchor was rated as the most qualified out of
the proposals received. Subsequently, the City entered into a Professional Services
Agreement with Anchor on November 7, 2013 for a not -to- exceed amount of $68,325.00.
The comprehensive monitoring Needs Assessment Plan was completed and Anchor has
identified the tasks and their frequency for the construction phase.
Tasks under this agreement generally include the following:
Eelgrass /avian /grunion survey and monitoring;
Cultural, archaeological, and paleontological survey and monitoring;
Biological compliance monitoring; and
Water quality monitoring.
Staff is now requesting Council approval of Amendment No. 1 to the PSA with Anchor in a
not -to- exceed amount of $113,325.00 to provide biological and environmental monitoring
services outlined in the agreement.
ENVIRONMENTAL REVIEW:
The Final Environmental Impact Report for the Marina Park Project was adopted by City
Council on May 11, 2010. No additional environmental clearances are required.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Name.
D LOCATION MAP MAP H.odf
n Anchor QEA Amendment No. One.odf
Description:
Location Map
Amendment No. 1 to the PSA with Anchor QEA
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LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C- 3897 -H 1 3/11/14
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AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, L.P. FOR
MARINA PARK PROJECT — BIOLOGICAL AND ENVIRONMENTAL MONITORING
SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. One ") is made and entered into as of this 12th day of March, 2014
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City "), and Anchor QEA, L.P., a California
limited partnership ( "Consultant "), whose address is 27201 Puerta Real, Suite 350,
Mission Viejo, CA 92691, and is made with reference to the following:
RECITALS
A. On November 7, 2013, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") to provide biological and environmental support
services for the Marina Park Project ( "Project ").
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement and to increase the total compensation.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated February 12, 2014, attached hereto as Exhibit A and incorporated herein
by reference ( "Services" or "Work "). Exhibit A of the Agreement and Exhibit A of
Amendment No. One shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
( "Services" or "Work "). Exhibit B of the Agreement and Exhibit B of Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Eighty One Thousand Six Hundred Fifty Dollars and 00 /100 ($181,650.00), without
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prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Thirteen Thousand Three Hundred Twenty Five Dollars and 00/100
($113,325.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Anchor QEA, L.P. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY A GT R I EY'S OFFICE a California municipal corporation
Date: L Date:
By: By:
Aaron C. Harp Rush N. Hill, II
City Attorney Mayor
ATTEST: CONSULTANT: Anchor QEA, L.P., a
Date: California limited partnership
Date:
By: By:
Leilani I. Brown Steve Cappellino
City Clerk General Partner
Attachments
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Anchor QEA, L.P. Page 3
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EXHIBIT A
SCOPE OF SERVICES
Anchor QEA, L.P. Page A-1 114
ANCHOR
QEA.
27201 Puerta Real, Suite 350
Mission Viejo, California 92691
Phone 949.34 7,2780 _
February 12, 2014
Iris Lee, P.E., T.E.
Public Works Department
City of Newport Beach
100 Civil Center Drive
Newport Beach, Callfon-da 92660
Re: Revised Scope of Work and Cost Estimate for Biological and Environmental
Monitoring Services to Support Marina Park Package 2 Construction
Dear Ms. Lee:
Anchor QEA, LLQ is pleased to present this scope of work and cost estimate for biological
and environmental monitoring services to support Marina Park Package 2 construction, and
based upon our discussion following the Package 2 pre - construction meeting on January 30,
2014. This scope of work and cost estimate addresses a portion of the general commitments
imposed in the project's regulatory documents, including the Mitigation Monitoring and
Reporting Program (MMRP), the U.S. Army Corps of Engineers permit, the Regional Water
Quality Control Board permit, and the California Coastal Commission Coastal Development
Permit (CDP), collectively described as the project's environmental documents.
This scope of work and cost estimate builds upon our existing contract from October 22,
2013, and only includes items and costs not previously authorized. Additionally, the
timeline for the work proposed herein covers construction activities through the end of
Package 2, as described in the contractor's schedule as being complete in early September
2014 (schedule dated February 3, 2014). Additional tasks will be considered under a separate
scope of work according to subsequent design packages.
www.anchorgea.com
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Ms. Iris Lee, City of Newport Beach
February 12, 2014
Anchor QEA assumes no liability in ensuring overall compliance with environmental
commitments stipulated in the project's environmental documents, other than the specific
tasks described below.
TASKS
Task 1: Project Management
This task reflects project management and overall project coordination costs, management of
subcontractors, and facilitation of ongoing communications and review requests with the
City of Newport Beach (City) to manage the tasks listed herein. In addition, Anchor QEA
will oversee that certain conditions in the project's environmental documents are
implemented as part of the pre -, during, and post - construction phases of the project, as
described and limited to the tasks described herein. To help facilitate this task, a member of
the Anchor QEA team would call into all weekly project construction meetings through the
end of Phase 2 constructions (through September 2014; 28 weeks total).
The estimated cost for completing Task 1, including all subcontractor work, is $7,000. Please
note that this amount builds upon our approved on -call services task from the October 2013
contract,
Task 2: Pre -and Post - Construction Eelgrass Surveys
Anchor QEA understands that the pre - construction eelgrass and Caulerpa txdfolia surveys
completed in July 2013 by the City of Newport Beach Harbor Resources Department will not
be valid for construction commencing during March 2014, and, therefore, new pre -
construction eelgrass and C. taxrfolia surveys are required as part of the project's
environmental documents for the proposed dredge area. Anchor QEA will coordinate the
site survey for the presence of eelgrass and C. taxifolia in the proposed dredge area. The
survey will be accomplished by a subcontractor, EcoMarine Environmental, LLC.
Anchor QEA will document and submit survey results to the City. The cost to complete the
survey assumes only the Marina Park dredge location would be surveyed; additional surveys
of the potential beach nourishment sites are not included, The estimated cost for completing
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Ms. Iris Lee, City of Newport Beach
February 12, 2014
the survey is $4,325. Please note that this amount builds upon our approved eelgrass survey
task from the October 2013 contract.
Task 3: Biological Compliance Monitoring During Construction
Anchor QEA and our subcontractor, Keane Biological Consulting, will conduct biological
compliance monitoring during construction pursuant to the criteria set forth in the CDP and
MMRP. As part of this task, Anchor QEA will discuss biological monitoring requirements
with the California Coastal Commission (CCC) with the goal to reduce the level of effort and
monitoring intensity described herein. I£ CCC agrees with our reduced monitoring effort,
then costs will be less than those presented in this scope of work and cost estimate.
Weekly biological compliance monitoring will be required through the duration of the
project: This monitoring will be conducted by a member of the Anchor QEA team, and it is
assumed to be accomplished in one 5 -hour day. This monitoring will be conducted on the
same day as the weekly meeting, which is assumed to be completed within the 5 -hour day.
The weeldy surveys will include surveys of trees and sediment deposit (beach nourishment)
sites on and adjacent to the project site (within 500 feet of any construction activities) once a
week upon commencement of construction activities.
Pursuant to the CDP, daily monitoring will be required during beach nourishment activities,
which are assumed to be conducted during a 3 -week period as part of the Marina Basin
Construction.
Assumptions specific to 'T'ask 3 include the following:
• ' Weekly monitoring will be sufficient to satisfy the requirements of the CDP and
MMRP, with daily monitoring to occur only during beach nourishment activities.
• Weekly monitoring will be necessary for 28 weeks.
• A weekly monitoring day is defined as a 5 -hour work -day for one member of the
Anchor QEA team and includes participation in the weekly meeting.
• Daily compliance monitoring will be necessary during beach nourishment activities
(assumed 3 -week duration at 10 hours per day).
• Weekly reports to the CCC and the CDFW (if required) will be submitted after the
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Ms. Iris Lee, City of Newport Beach
February 12,2014
Page 4
completion of weekly monitoring. Daily reports will not be required during beach
nourishment activities.
Up to 6 days of additional monitoring have been included, which may include the possible
encounter of sensitive species (if notified by the contractor) or additional meetings.
The estimated cost for completing Task 3, including all subcontractor work, is $41,500.
Task 4: Cultural, Archaeological, and Paleontological Surveys and Monitoring
These surveys would be accomplished by a subcontractor, Palen Solutions. The
paleontologist will conduct daily observations during inland grading activities and conduct
salvage excavation of paleontological resources. During the period when paleontological
sediments are being disturbed, the paleontologist shall attend the preconstruction meeting to
discuss, and be informed of, site - specific procedures and establish communications. As part
of this task, Anchor QEA will discuss cultural resources monitoring requirements with the
City with the goal to reduce the level of effort and monitoring intensity described herein, if
the City agrees with the reduced monitoring effort, then costs will be less than those
presented in this scope of work and cost estimate.
The paleontologist shall provide paleontological constriction monitoring of ground -
disturbing activities that occur at when paleontological sediments are being disturbed.
Although no cultural resources sensitive areas are anticipated to be impacted, the Orange
County Certified Archaeologist and Native American monitor will be available on an as-
needed basis. Paleontological monitoring shall include inspection of exposed rock units
during active excavations within sensitive geologic sediments (older alluvium and/or marine
terrace deposits). The qualified Paleontologist and/or archeologist shall have authority to
temporarily divert excavation operations away from exposed fossils and/or artifacts to collect
associated data and recover the fossil and/or artifact specimens if deemed necessary, if a
discovery is immanageable by one monitor, additional assistance will be called. upon,
evaluated by the qualified paleontologist and /or archaeologist, and a change order would be
required.
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Ms. Iris Lee, City of Newport Beach
February 12, 2014
At the completion of construction, a Paleontological and Archaeological Monitoring Report
will be prepared and document the final results of monitoring. It will include the methods
and results of monitoring activities, provide an inventory, and document the significance
(identification) of any paleontological and/or cultural resources discovered and collected
during monitoring, if any. The report includes addressing comments from the City.
Assumptions specific to Task 4 include the following:
• Monitoring in paleontological sensitive areas will not exceed 20 days of grading
activities, including no additional overtime.
• Grading will not occur in more than one area or it will become unmanageable by one
monitor.
• Unanticipated fossils or artifacts will not be found. If found, we will submit anew
scope of work detailing the cost(s) to salvage and/or wetscreen and prepare the fossils
for curation, identification, and/or excavation, including additional analysis for the
final technical report.
• No large recoveries will be necessary and no additional materials or staff members
will be needed to complete the small recoveries.
• No storage and /or transport of specimens will be required.
• No human remains -will be discovered.
The estimated cost for completing Task 4 is $60,500. Please note that this amount builds
upon our approved Cultural, Archaeological, and Paleontological Surveys and Monitoring
task from the October 2013 contract.
SUMMARY OF COSTS
Anchor QEA is requesting authorization to proceed with this scope of work with a not -to-
exceed cost of $113,325 (Exhibit B ). We will perform these tasks on a time- and - materials
basis, according to our standard rate sheet (. Exhibit B j. We will only bill for time and
materials actually expended.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Anchor QEA, L.P. - - - -- - - - -- - -� -- Page B -1 120
Ms. Iris Lee, City of Newport Beach
February 12,2014
Table 1
Estimated Costs
Task
Description
Amount
Requested
1
Project Management
$7,000
2
Pre- and Post - Construction Eelgrass Surveys
$4,325
3
Biological Compliance Monitoring During Construction
$41,500
4
Cultural, Archaeological, and Paleontological Surveys and Monitoring
$60,500
Total
$113,325
SCHEDULE
Anchor QEA will begin this scope of work immediately upon authorization to proceed from
the City under our existing contract.
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Anchor QEA, L.L.C.
2014 BILLING RATES
Professional Level Hourlv Rates
Principal....................................................................... ............................... $225
SeniorManager ..................... .................. I ...... ....................... ...........................$199
Manager.......................................................................................................
............................... $185
SeniorStaff :......................................................................
............................... ........................... $165
Staff3 ...............................................................................
............................... ........................... $145
Staff2 ...............................................................................
............................... ...........................$130
Staff1 ...............................................................................
............................... ...........................$110
SeniorCAD' Designer .....................................................
............................... ...........................$115
CADDesigner ..................................................................................................
............................$98
Technician.....................................................................................................
............................... $ 95
TechnicalEditor ...............................................................................................
............................$98
ProjectCoordinator .......................................................................................... ............................$92
Special Hourly Rates
National expert consultant ................................................ ............................... ...........................$370
All work by a testifying expert ............................ ............................1.5 times professional level rate
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour) ....................................... ............................... .........................$10.00
Graphic Plots (varies with plot size) ....................................................... ............................... $3 -61sf
Mileage (per mile) ...................................................... ............................... Current Federal Standard
FE ON LABOR AND EXPENSE CHARGES
Subcontracts /subconsultants ........................ ............................... ............................... 10%
Travel and other direct costs ....................................................................... ............................... 10%
Fieldequipment & supplies ......................................................................... ............................... 10%
This is a company confidential document.
I CAD = Cowputer Aided Design
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