HomeMy WebLinkAbout13 - Confined Aquatic Disposal SiteCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
April 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager, (949) 644 -3002
dkiff(cDcity.newport- beach. ca.us
Chris Miller, Harbor Resources Manager, (949) 644 -3043
cmiller(a)city. newport- beach.ca. us
SUBJECT: Professional Services Agreement for Geotechnical Soils Evaluation as Part
of a Conceptual Design Plan for a Confined Aquatic Disposal Site in
Newport Harbor
ISSUE:
Should the City contract with Anchor QEA, L.P. to conduct a geotechnical soils evaluation as
part of a conceptual design plan for a Confined Aquatic Disposal site in Newport Harbor?
RECOMMENDATION:
1. Authorize the Mayor to execute a Professional Services Agreement with Anchor QEA to
conduct a geotechnical soils evaluation for a possible Confined Aquatic Disposal site in
Newport Harbor, and;
2. Approve Budget Amendment #BA -_ appropriating $61,600 from unappropriated
reserves to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging
Project).
DISCUSSION:
In an effort to dredge the Lower Bay, the City is currently performing a comprehensive sediment
analysis of the entire harbor. These tests are critical because they will help determine the
disposal locations of the sediment - whether at the federally approved disposal site 4.5 miles off
shore (LA -3) or at other more costly aquatic or land side disposal options.
Because it is likely that at least some of the sediment will be prohibited from LA -3 disposal, the
City is exploring the viability of alternate disposal options for this contaminated material. One
such option, a Confined Aquatic Disposal (CAD) site, will most likely be the best possible
solution. With a CAD site, a large pit is created in the harbor into which the material is placed.
Then, a layer of clean sand is laid over the contaminated material therefore forming a
permanent cap that will forever be sealed. This type of solution has been tested and approved
by the regulatory agencies in other harbors, so it is a strong alternative to consider for Newport's
needs. The City believes that most of the contaminated material in the harbor is located in the
PSA for CAD Geotechnical Soils Evaluation
April 14, 2009
Page 2
Anchorage Area near the eastern tip of Lido Isle and in the Newport Channel between Via Lido
Soud and the Balboa Peninsula. (See Exhibit 1 — areas 3,4, & 5.)
Proposal
Anchor QEA is proposing to collect and analyze sediment cores to a depth of approximately -60
feet mean lower low water (MLLW) to fully evaluate the feasibility of excavating a CAD site for
permanent and isolated confinement of contaminated sediments. The purpose of the work is
twofold: (1) Ensure there is beach suitable (physical and chemical properties) material at depth
in the target placement locations; and (2) Collect geotechnical data to assist in developing a
preliminary design plan (i.e. size, shape and side slopes) of a potential disposal cell. Without
this basic information, it is risky to assume that a CAD site in Newport Harbor is a viable
alternative for material disposal. In addition, some of the core intervals from various depths
within the geotechnical samples will be analyzed for chemistry as a safety precaution. The
approximate core locations are shown in Exhibit 2.
Anchor QEA is prepared to initiate field sampling in April 2009 and they expect this task to take
approximately three days to complete. A final sediment analysis report would be available in
early May 2009.
Environmental Review: The approval of the Professional Services Agreement and the proposal
to conduct a geotechnical soils evaluation for a CAD site are not projects subject to CEQA and
do not require environmental review. CEQA review will be done on the actual dredging project.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in
advance of the public meetings at which the City Council considers the item).
Fiscal Impact: The extent of the technical problems with potential sediment contamination were
not anticipated at the time we presented the FY 2008 -09 budget and Capital Improvement
Program (CIP). An additional $61,600 is required from the unappropriated reserves to account
CIP #7231- C4402001.
Prepared by:
U& j W C.f ",
Chris Miller, Harbor Resources Manager
Submitted by:
Dav Ki , Assistant City Manager
Attachments: Exhibit 1: Preliminary Estimate of Dredge Volumes and Locations
Exhibit 2: Locations of Geotechnical Core Sample Locations
Exhibit 3: Professional Services Agreement with Anchor QEA
Budget Amendment #BA-
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PROFESSIONAL SERVICES AGREEMENT WITH
ANCHOR QEA L.P.
FOR GEOTECHNICAL SOILS EVALUATION
THIS AGREEMENT is made and entered into as of this 151 day of APRIL, 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City "), and
ANCHOR QEA L.P, a California Limited Partnership, whose address is 28202 Cabot
Road Suite 425, Laguna Niguel, California, 92677 ( "Consultant'), 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 is planning to develop a geotechnical evaluation of potential project locations
for constructing a Confined Aquatic Disposal (CAD) within Newport Harbor. This
work, which includes collecting and analyzing sediment cores to a depth of
approximately -60 feet mean lower low water (MLLW), is needed to fully evaluate
the feasibility of excavating a CAD site for permanent and isolated confinement
of contaminated sediments within Newport Bay.
C. City desires to engage Consultant to perform sediment management activities
( "Project ")
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be Steve
Cappellino, Partner, and Joshua Bumam, Senior Project Manager.
F. 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:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on.the 31st day of July 2009, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
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. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand-delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Sixty One Thousand Six Hundred Dollars and no /100 ($61,600)
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.
4.1 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 speck 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) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
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limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 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. 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
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated STEVE
CAPPELLINO to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
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.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Resources Department.
Chris Miller shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to
coordinate the required bid documents with City's reproduction
company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or 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
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
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volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's 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 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).
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 attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. 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 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
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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 and/or his/her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
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employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
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. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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.
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 authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
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21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her 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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits, such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
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Attn: Chris Miller
Harbor Resources Department
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA, 92660
Phone: 949 -644 -3043
Fax: 949 - 723 -0589
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Steve Cappellino
Anchor QEA
28202 Cabot Road, Suite 425
Laguna Niguel, California 92677
Phone: (949) 347 -2780
Fax: (949) 347 -2781
26. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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.
27. 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.
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28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
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35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
David R. Hunt
City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
IN
Edward D. Selich
Mayor
CONSULTANT: Anchor QEA, L.P.
By: By.
Leilani Brown, Steve Cappellino,
City Clerk General Partner
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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ANCHOR
OE
28202 Cabot Road, Suite 425
Laguna Niguel, California 92677
Phone 949.347.2780
Fax 949.347.2781
March 19, 2009
Chris Miller
Supervisor, Harbor Resource Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, California 92660
Re: Conceptual Design Plan — Confined Aquatic Disposal (CAD) Site in Newport Harbor:
Proposed Scope of Work for Geotechnical Soils Evaluation
Dear Mr. Miller:
Following up on our recent conversations about the sediment management/Confined
Aquatic Disposal (CAD) site development plan we are currently preparing, this letter
presents our proposed Scope of Work (SOW) and cost estimate for developing and
implementing a geotechnical evaluation of potential project locations for constructing a CAD
within Newport Harbor. This work, which includes collecting and analyzing sediment cores
to a depth of approximately -60 feet mean lower low water (MLLW), is needed to fully
evaluate the feasibility of excavating a CAD site for permanent and isolated confinement of
contaminated sediments within Newport Bay.
The purpose of this work is twofold: (a) ensure there is beach suitable (physical and chemical
properties) material at depth in the target placement locations; and (b) collect geotechnical
data to assist in developing a preliminary design plan (i.e., size, shape, and side slopes) of a
potential disposal cell. Without this basic information, we believe that it is risky to proceed
with the assumption that a CAD site is a feasible alternative for managing the City of
Newport Beach's contaminated sediments. We suggest that this work be conducted in
parallel with the sediment management alternatives evaluation so that the feasibility of a
CAD site can be fully vetted as part of that process.
www.anchorqea.com
Mr. Chris Miller
March 19, 2009
Page 2
We had also recommended collecting additional core samples for subsurface sediment
chemistry during our previous conversations; however, after speaking with Newfields staff
and reviewing the available site information, we do not feel that additional core samples
strictly for this purpose are necessary. We do propose that some of the core intervals from
various depths within the geotechnical samples also be analyzed for chemistry as a safety
precaution to infill between historic sample stations.
Anchor QEA, L.P. (Anchor QEA), proposes the following tasks to accomplish this scope of
work:
1. Prepare a brief letter for the City of Newport Beach that outlines our sampling and
analysis plan
2. Using barge- mounted drilling equipment operated by a subcontractor, collect three
sediment cores to a target elevation of -60 feet MLLW (or to refusal). The drilling will
be done using mud -rotary equipment, with casing used to establish a self - contained
mud recirculation system. Samples will be obtained every 2.5 to 5 feet of depth, using
a geotechnical "split- spoon" sampler. We will collect and visually observe the
sediment samples, looking for and documenting key sediment strata, and collecting
representative samples for chemical analysis and testing of grain -size distribution.
3. Up to three chemistry and grain -size distribution samples will be obtained from each
of the core locations and tested for chemistry and physical properties (i.e. grain -size
distribution).
4. Summarize the gathered data in a brief technical memo, detailing the findings of the
sediment geotechnical and chemical testing.
COST ESTIMATE
We propose that Anchor QEA. be retained on a time and materials basis (with a not -to-
exceed amount per task) to complete all four steps listed above. Table 1 summarizes our
estimated costs for completing each task
Mr. Chris Miller
March 19, 2009
Table 1
Estimated Costs
Task
Description
Estimated Cost
Task i
Develop sampling and analysis plan letter
$3,637
Task 2
Collection of sediment cores
$39,634
Task 3
Sample analysis
$11,690
Task 4
Develop summary results memo
$6,639
Total Estimated Cost
$61,600
PROPOSED PROJECT SCHEDULE
Upon receiving approval to proceed, Anchor QEA will be able to submit the Sampling and
Analysis Plan (SAP) memo within 10 working days. We would like to initiate field sampling
in mid April of 2009, and we expect this task to take approximately three days to complete.
Our cost estimate assumes expediting the laboratory analyses as to allow data to be received
within 2 weeks. Therefore, assuming authorization to proceed is received no later than the
second week of April, field sampling could occur during the third week of April and the final
sediment analysis report would be available in early May 2009.
As always, we appreciate the opportunity to provide the City of Newport Beach with this
proposal for sediment management activities for this future project. If you have any
questions about our proposed approach or estimated costs, please do not hesitate to contact
me at (949) 347 -2780.
Sincerely,
Steve Cappellino, Partner
Anchor QEA, L.P.
ANCHOR OEA, LLC
NBUD l westgalion Esli,mle 31B W I2) 4s
PROJECT COST ESTIMATING FORM
PmposallProjeot Name:
CRY of NewpM Beach
Nmober.
project 9
3/16109 12:00 AM
CRY of Newport Beach CAD DevdopmmR
Prepared by:
Mark Reemts
Task 1 Total Cost
1.1 SanOttRgnd:Aralysis Plan
$
3,636.50
1.6
$ -
$ 61,600.00
12 Ratcp }pk,
$
39,634-00
1.7
$ -
1.3 Lob'AgJgys(e,,,,..
$
11,690.50
1.8
$ -
1.4 SaffoegArlalyga'Reyort
$
6,639.00
1.9
_
$ -
I s
a
11n
$
Tuk1. Pepe 1
Ott" Eve-ses
ReVQtPlobrV
Tuk1. Pepe 1
City of Newport Beach NO. BA- 09BA -047
BUDGET AMENDMENT
2008 -09 AMOUNT: $67,600.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
PX
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from Tidelands Fund unappropriated fund balance to conduct a geotechnical soils
evaluation as part of a conceptual design plan for a confined aquatic disposal site in Newport Harbor.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
230 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Signed:
Signed:
Description
Tidelands Fund - Fund Balance
Description
Description
Number 7231 Tidelands Fund - Capital
Number C4402001 Harbor Dredging Project.
Number
Number
Number
Number
Administrative Approval:
Services
Manager
Amount
Debit Credit
$61,600.00
. Automatic
$61,600.00
Signed:
City Council Approval: City Clerk Date