'CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City"} and I Agreement Number:
Anchor QEA, LLC ("Contractor"} to provide Engineering & Permitting Services as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ !489,801 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a} Exhibit A- Statement of Work
(b} Exhibit B - Insurance
(c} Exhibit C- General Terms & Conditions
(d} Exhibit D - Professional Services Special Terms & Conditions (e} Exhibit E - Compensation Schedule
(f} Exhibit F - Timeline
(g} Exhibit G- Special Funding Terms & Conditions ARPA (lfappllcablecheckbox)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Anchor QEA, LLC
Co ractor's Name (if other than an individual, state whether a corporation, partnership, etc.}:
John Laplante, PE, Principal Engineer
Printed Name and Title of Person Signing
33 New Montgomery Street, Suite 1210, San Francisco, CA 94105 Address
Harry Black, City Manager
ATTEST:
Eliza R. Garza CMG, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
CITY OF STOCKTON
1 Date
EXHIBIT 1
1. 2.
Project Objectives
EXHIBIT A
STATEMENT OF WORK
1.1 Engineering and permitting consulting services for Buckley Cove dredging project.
Project Scope
2.1 The project includes the engineering and permitting consulting services for the maintenance dredging of Buckley Cove where dredging of the inlet covers multiple areas with floating docks and boat slips. Buckley Cove's description for purposes of this project includes approximately
0.9 miles of waterway, surrounded to the North by the shoreline near Brookside Road (APN No.'s 07115013 and 07115004), bordered to the south by the shoreline of ANP No. 11820001, to the West by the San Joaquin River (Deep Water Channel), and to the East the project will end approximately at the eastern end of APN No. 11820001.
2.2 Additionally, the scope of the project will consist, but not be limited, to the following components:
2.1.1. Engineering support services during State and Agency permitting process, contractor proposal phase, contract award, dredging, and project closeout. The support services include but are not limited to:
2.1.1.1. Assessment of project needs, listing and description of project tasks, and project schedule tying to tasks.
2.1.1.2. Preparation and guidance of all requirements to obtain and maintain required permits for dredging of inlet area.
2.1.1.3. Preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) in support of placing material at the proposed disposal location.
2.1.1.4. Review of pre-dredge survey.
2.1.1.5. Condition and post-dredge hydrographic surveys at dredging location along with topographic surveys at the disposal location.
EXHIBIT 1
2.1.1.6. Preparation of dredging plans, technical specifications, and Reclamation District engineering requirements.
2.1.1.7. Construction oversight
2.1.1.8. Post-construction reporting and project closeout.
2.1.2. Prepare the project plans and technical specifications for the proposed dredging project, which will be reviewed by the City prior to final design.
2.1.2.1. The final design submittal will include the hydrographic survey, all required permits, and any required testing or other permit conditions imposed by the agencies as part of the project.
2.1.2.2. The Condition survey will be used to design the dredge template, size the disposal area, and calculate disposal area levee heights.
2.1.3. The condition hydrographic survey, as well as the pre-dredge and post-dredge surveys will be for the fairways and main inlet area of the Main Channel, including the lead line surrounding the adjacent slips.
2.1.3.1. A topographic survey of the proposed disposal location will be performed to determine current site elevations as part of the upland disposal site design features.
2.1.3.2. Conduct pre and post-dredge hydrographic survey, which will be required to calculate the amount of material
dredged from the Marina and placed at the upland
disposal site.
2.1.3.3. Include final dredging quantities in a final report to the regulatory agencies.
2.1.3.4. Perform a final post-placement topographic survey of the upland disposal site, to show final elevations of the
dredge material after completion of dredging. The post placement topographic survey will take place either after the dredge material is moved from the disposal site or
blended into the field for agricultural use.
EXHIBIT 1
2.1.4. Contractor will assist in the solicitation process for all construction contractor activities, including but not limited to the following:
2.1 .4.1. Issuance of all bid documents to contractor.
2.1.4.2. Pre-proposal site meeting.
2.1.4.3. Respond to contractor questions.
2.1 .4.4. Issue of addenda, as necessary
2.1.4.5. Assist the City in review of Contractor proposals, award of the contract, and issuance of a Notice to Proceed
(NTP).
2.1.5. During the dredging phase, assist City with the review of all project technical submittals required of the dredging Contractor in accordance with contract plans, specifications, and permits.
Support services include, but not limited to:
2.1.5.1. Review of the pre-dredge survey
2.1.5.2. Address all Requests for Information (RFls) that may be submitted by dredging contractor.
2.1.5.3. Receive, verify, and maintain logs of
2.1.6. Contractor will provide construction oversight services during the construction phase. Outside inspection and testing, if required, will be performed by certified agencies and laboratories, and will be specified as the responsibility of the construction Contractor. Other observations responsibilities will include:
2.1.6.1. Daily observation of dredging operations during the course of construction.
2.1.6.2. Ensure submittal by the construction Contractor of daily work reports and weekly disposal site logs.
2.1.6.3. Maintain written and photographic logs of construction observations.
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3. 2.1.6.4. Evaluate performance and progress.
2.1.6.5. Ensure all testing as required by permit conditions is being performed and the results submitted, as required
by regulatory agencies.
2.1.6.6. Verify all required final inspection signoffs by regulatory agencies.
2.1.6.7. Review progress and final payment requests and forward approved payment requests for processing by the City.
2.1.6.8. Issue Notice of Completion (and Notice of Substantial Completion, if appropriate).
2.1. 7. After Notice of Final Completion has been issued, Contractor will provide the following post-construction services:
2.1.7.1. On behalf of the City, prepare and submit the post dredge survey and final dredge quantity calculations to the regulatory agencies.
2.1.7.2. Ensure that all other project submittals, record documents, etc., have been submitted as required in the contract documents and permits, prior to release of final payment by the City.
2.1.7 .3. Verify all required final inspection signoffs by regulatory agencies.
2.1.7 .4. Assemble all record documents for permanent files.
2.1.7.5. Attend a post-construction meeting if one should occur.
Specifications
3.1 Contractor will perform the work and provide the services in accordance with Section 2, Project Scope, and as defined on Attachment A- Project Approach and Delivery.
3.2 Operating Requirements and Conditions
3.2.1 The following outlines the conditions under which the Contractor will provide service:
EXHIBIT 1
3.2.1.1 Ambient Temperature: 20°F to 120°F
3.2.1.2 Humidity: 0% to 95% (non-condensing)
4. Major Deliverables
5. 4.1 Project Management
4.2 Surveying
4.3 Sediment Characterization
4.4 Permitting and CEQA Support
4.5 Dredging Design Documents
4.6 Engineering Support for the Solicitation Contractor Proposal Phase
4.7 Construction Observation and Engineering Support
4.8 Post-Construction Reporting and Project Closeout
Internal and External Standards and Guidelines
5.1 During the term of this Agreement, Contractor shall perform all services and prepare documentation in compliance with all local, state, and federal licensing, accreditation, and registration
requiremen ts/standards, necessary for the performance of this Agreement and all other applicable federal, state, and local laws and regulations.
6. Criteria of Acceptance for Deliverables
6.1 City will review, inspect, and accept work performed as milestones tasks are completed, to ensure project continues to progress within the project schedule.
7. Notices
EXHIBIT 1
Pursuant to Exhibit C -General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:
Contractor: Anchor QEA, LLC
Attn: Joshua Burnam
City: City of Stockton
Attn: City Manager
33 New Montgomery St, #120
San Francisco, CA 94105
8. Key Personnel
Joshua Burnam Principal-in-Charge
425 N. El Dorado Street
Stockton, CA 95202
AnchorQEA
Katie Federal & State Regulatory Permitting
Chamberlin Lead & California En vironmental AnchorQEA
Qu ality Act (CEQA) Support
Chris Osuch Sediment Characterization Lead AnchorQEA
Jaclyn Gnusti QA/Q C Lead AnchorQEA
Megan Collins Project Manager AnchorQEA
Tina McCarty Managing Director of Ev ents & City of Stockton Parking
10. Option to Renew.
The term of the Agreement may be extended up to two (2) years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.
EXHIBIT 1
EXHIBIT B
INSURANCE
Insurance Requirements for Consultant Services - Dredging at Buckley Cove Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non owned), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
{Not required if consultant provides written verification it has no employees}
4. Professional Liability/Errors and Omissions Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT 1
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read "City of Stockton, its officers, officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT 1
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5} years after completion of work.
EXHIBIT 1
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5} years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor - HR
Stockton, CA 95202
EXHIBIT 1
EXHIBITC
GENERAL TERMS AND CONDITIONS
1. Goods, Equip ment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent, per cent to task complete, and City reference number. Within thirty (30) days of receipt of Contractor's invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor's Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor's work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 /Rev. 10.30.18: Mod 05.08.23 RMI
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. Notwithstanding the foregoing, Contractor may retain a copy of all documents in its files subject to the confidentiality provisions of this Agreement.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor's Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 (Rev. 10.30.18: Mod 05.08.23 RMl
EXHIBIT 1
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 /Rev. 10.30.18: Mod 05.08.23 RMl
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of Contractor and its employees or agents, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 /Rev. 10.30.18: Mod 05.08.23 RMI
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17. Licenses, Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Contractor's engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor's services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liabil ity. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 /Rev. 10.30.18: Mod 05.08.23 RMI
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City's nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance." (42 USC Section 2000d).
http://www.dol.gov /oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor's business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 /Rev. 10.30.18: Mod 05.08.23 RM)
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this
Agreement and this Agreement are intended to be
construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 /Rev. 10.30.18: Mod 05.08.23
RMl
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 "Deliverable" means quantifiable goods or services that will be provided upon
completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions ("GTC") Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time
limits required under this Agreement,
pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor's agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 1 (Rev. 07.12.22)
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor's Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City's rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C - GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 2 (Rev. 07.12.22)
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted
hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other
matters are covered by this Agreement
as specified in Exhibit A and Exhibit E.
3 (Rev. 07.12.22)
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or infonmation which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in
the Contractor's possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and
the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal
sanctions, and Contractor certifies that it has
not and will not engage in prohibited transactions with sanctioned persons or entities. 4 (Rev. 07.12.22)
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $489.801 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City's needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City's travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement.
The City will pay Contractor based on invoices for
acceptable work performed and approved until the "not to exceed" amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1 (Rev, 10.30.18)
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1.4 If work is completed before the "not to exceed" amount is reached, the Contractor's compensation will be based on the Contractor's invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed §_ %.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Price
1 Project Management $ 36,582
2 Surveying $ 41,127
3 Sediment Characterization $ 96,386
4 Permitting & CEQA Support $ 61,204
5 Dredging Design Documents $ 53,310
Engineering Support for the Solicitation Contractor
6 Proposal Phase $ 10,314
7 Construction Observations & Engineering Support $ 62,637 8 Post-Construction Reporting & Closeout $ 15,241
Sub-Total $ 376,801
Contingency $ 113,000
Total Cost $ 489,801
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
3.1 Attachment B - Anchor QEA Billing Rates
4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
N/A N/A
2 (Rev. 10.30.18)
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5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work producUdeliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Economic Development Department
Attention: Events & Parking
425 N. El Dorado Street
Stockton, CA 95202
3 (Rev.10.30.18)
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EXHIBITF
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
(Rev, 10.27.22)
1.1. 1 The time line for completion of work will be set by a schedule that
will be approved by the City, prior to the commencement of the project. Any deviations from the timeline must be approved in writing by the City.
EXHIBIT 1
ITTA--CflMENT
PROJECT APPROACH AND DELIVERY
Project Understanding
Buckley Cove has naturally filled in with sediment and requires maintenance dredging to restore safe and navigable depths for vessels accessing the marina and City-operated boat launch. The Buckley Cove Boat Launch is the busiest water access ramp for public recreational use in the Stockton region, and Anchor QEA has personally launched our boat from these facilities on numerous occasions for various water quality monitoring projects in the San Joaquin River. We understand the value the marina and boat launch bring to the community, and we have excellent relationships with the agencies and project partners (e.g., Port of Stockton and dredging contractors) that will make this project a success.
Below is our understanding of the tasks required. We have included all of the City's requested services and provided suggestions on how to streamline relevant tasks based on our professional experience delivering similar projects in the Delta. We are open to further discussion and refinement if the City sees opportunities for enhancement of our proposed approach.
Project Management
Upon receiving Notice to Proceed (NTP), Anchor QEA would schedule a kick-off meeting with the City to discuss the project and to ensure a clear understanding of the City's needs. As requested in the Request for Proposals (RFP), we would review all available project materials and prepare a list of information needs and questions for the City based on our experience with common agency requests and permit requirements for discussion during the meeting.
This project management task will extend through the life of the project and will include periodic update meetings (biweekly as needed) and project management activities. Project management activities include project scheduling, coordination, communications, completing technical reviews and quality control, and tracking of scope tasks, timelines, and budgets. This task also includes our project-specific health and safety plan, which will ensure safe construction management practices and emergency preparedness.
Invoices will be prepared monthly for work conducted during the previous month. The invoice will include information regarding the amount previously expended on the project, amount expended during the current period, and amount remaining on the task order, as well as a description of what activities were performed. We assume monthly invoices, and all deliverables will be submitted in electronic format only.
Quality Management. Our team's QA/QC review will be led by Jaclyn Gnusti, who will ensure QA/QC on all project processes and deliverables. Anchor QEA's Quality Management Plan was developed in accordance with USEPA requirements for Quality Management Plans (USEPA/240/B-01/002). The Quality Management Plan establishes our QA/QC fundamentals, policies, and procedures and discusses the roles and responsibilities of all staff. We integrate project planning and QC into each phase of a project. We review each work
PROJECT MANAGEMENT PRINCIPLES
Provide Consistent Project Communication and Team
Coordination
• Communicate regularly with the City about the status of scope, budget, and tasks
• Conduct frequent check-ins with team members to foster cross-team coordination and quick� identify and address any challenges
• Troubleshoot potential issues with the project team and proactively develop strategies and solutions
Develop and Track Project and Task Schedules
• Establish a mutual understanding of the scope of work and schedule during the project kickoff meeting,
induding a specific understanding of deliverables and
project outcomes considering interim milestones
Proactively Manage the Budget
• Monitor budgets on a regular basis to ensure we
control costs, identify issues early, and directly
communicate solutions
• Complete a thorough review of the budget at the onset of each task
Ensure Quality and Consistency
• Apply a QC process with a focus on peer review and
senior oversight as well as editorial review by an in
house technical editor
product with the client throughout the process-preparing deliverable outlines, interim submittals, and progress updates-and set schedule milestones that ensure consistent communication. � "f,.ANCHOR
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Deliverables:
• Kick-off meeting notes
• Monthly invoices
• Proposed project schedule
• Health and Safety Plan available upon request
p Surveying
After the initial project kick-off meeting, we will coordinate with the City, local stakeholders (as directed by the City), and our partner eTrac, Inc. (eTrac) to schedule and perform a hydrographic condition survey of Buckley Cove. The survey extents will include the fairways and main inlet area off the Main Channel, including lead line measurements surrounding the adjacent slips. eTrac will use its hydrographic survey vessel to conduct the multibeam/leadline survey and will calculate estimated dredge volumes to return the marina to authorized depth. Horizontal and vertical project control will be provided in survey notes sufficient to support hydrographic surveying, sediment investigations, and other geospatial activities.
Once the project transitions from engineering design and permitting to construction, eTrac will perform a pre-dredge survey prior to construction operations, and similarly a post-dredge survey verifying the contractor has met specified depths and overdepth tolerances.
Although suggested in the RFP, this task does not include pre-dredge and post-dredge topographic surveys of the Roberts Island Dredged Material Placement Site (DMPS), which is the assumed preferred material placement location, given its proximity to Buckley Cove and its fully permitted status to receive suitable material. Based on recent experience with the Port of Stockton operations, Anchor QEA can support negotiations with the Port of Stockton to acquire permission for use of the Roberts Island DMPS through a specified date, subject to a negotiated dollar per cubic yard tipping fee. The Port does not require topographic surveys of the upland site pre- and post-dredge placement. If the City prefers an alternative unnamed site, topographic surveys (not included in this proposal) would be required.
Surveys will be delivered in a gridded ASCII XYZ data file referenced to MLLW and will include volume calculations based on a dredge template approved by the City prior to commencement of the survey.
Deliverables:
• Hydrographic Condition Survey
• Hydrographic Pre-Dredge Survey
• Hydrographic Post-Dredge survey
• Volume Estimate for Dredging
A pre-dredge sediment characterization will be performed to determine the suitability of proposed dredge material for upland placement at the Port of Stockton's Roberts Island DMPS, located directly across the San Joaquin River from Buckley Cove. Roberts Island DMPS is an approximate 400-acre upland site owned and operated by the Port of Stockton, for which Anchor QEA has provided environmental planning and permitting support to the Port of Stockton since 2013. More recently we've supported the Port of Stockon with engineering construction and post-construction support and are familiar with the Roberts Island DMPS operations. Roberts Island DMPS's capacity is approximately 4 million cubic yards, which is much greater than the dredged sediment volume projected from Buckley Cove.
BENEFITS OF ROBERTS ISLAND DMPS
Capacity: Over 4 million cubic yards
Existing Site: Established site with straight forward
regulatory approvals
Familiarity: Streamlined approval process based on
previous experience
Placement at the Roberts Island DMPS requires a pre-dredge sediment characterization in accordance with Order No. RS-2022-0052 and Central Valley Regional Water Quality Control Board's (CVRWQCB) approval, as well as .., .-,.ANCHOR
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approval from the Port of Stockton. As part of this task, Anchor QEA will develop a Pre-Dredge Sampling and Analysis Plan (SAP). The SAP will include procedures for sediment sample collection and handling, physical and chemical analysis, quality assurance and quality control, and data analysis. A project map with existing bathymetry, sampling locations, and composite areas will be included. Latitude and longitude coordinates, mudline elevations, and target core lengths will be provided for each sampling location. Historical data from previous sediment characterizations, If available, will be summarized. The SAP will include a project map with sampling locations. Prior to sampling, the SAP would be submitted to the CVRWQCB for approval.
Following approval of the SAP, field sampling will be conducted. Sediment cores will be collected using a vibracore to the proposed dredge depth plus overdepth. Our subcontractor, Leviathan Environmental Services, will provide the vibracore and vessel for core collection. Per Order No. RS-2022-0052, the number of sampling locations and composite areas is based on the proposed volume of dredged material. For costing purposes, we have assumed approximately 30,000 cubic yards (cy) of dredge material at Buckley Cove. If the actual volume is substantially higher or lower, the number of sampling locations and samples submitted for analysis will vary, resulting in an Increase or decrease in costs.
Based on this volume, sediment cores will be collected at six stations within three composite areas. In addition, a background sample will be collected from Roberts Island DMPS for comparison to project samples. Site water will be collected from the dredge site for Modified Elutriate Testing (MED requirements. individual core samples and 2-layer samples (representing newly exposed sediment surface) will be archived from each core. Archive samples will not be analyzed unless requested by the CVRWQCB.
In accordance with Order No. RS-2022-0052, pre-dredge testing will include sediment chemistry, leachate testing, and MET chemistry. This assumes that there Is the potential of decant or return water following placement at the upland placement site. If there is no return water, MET chemistry would not be required and testing costs would be reduced.
Sediment chemistry will include total solids, total organic carbon, grain size, and metals. Leachate will be extracted using the deionized water waste extraction test (DI-WED and analyzed for metals. MET and site water chemistry will include metals (including methylmercury and hexavalent chromium), PAHs, PCB Aroclors, organochlorlne pesticides, and organophosphorus pesticides. Chemical analysis will be performed by our subcontracted laboratory. Anchor QEA will perform data validation to ensure laboratory analyses meet the project data quality objectives.
Anchor QEA will prepare a Pre-Dredge Sediment Evaluation Report summarizing the results of the testing for the CVRWQCB approval. The report will detail test results with a comparison to appropriate screening levels, final sampling locations, and conclusions regarding the suitability of dredged sediment.
If the dredged sediment is not suitable for Roberts Island DMPS, Anchor QEA will provide an additional scope of work and cost proposal to evaluate alternate disposal locations (e.g., Montezuma Wetlands Restoration Project, upland landfill). It should be noted that Anchor QEA will be performing a pre-dredge sediment characterization for the Port of Stockton docks maintenance dredge program in spring 2024. If sampling could be aligned, this would result in potential cost savings associated with mobilization, demobilization, and background sample collection and testing.
Assumptions:
• Dredge volume is approximately 30,000 cy. (Note: this will be verified or adjusted based on Task 3 above, and the final volume could adjust costs if the assumed volume [not provided in RFP] is incorrect.) • Sediment will be placed at Roberts island DMPS.
• Sediment core sampling will take place at six stations within three composite areas. • Background soil sample will be collected from Roberts island DMPS. • Three composite samples will be submitted for bulk sediment chemistry. • Three composite samples and a background sample will be submitted for Di-WET. • Three composite samples and a site water sample will be submitted for MET.
Deliverables:
• Pre-Dredge Sampling and Analysis Plan (Draft and Final) • Pre-Dredge Sediment Evaluation Report (Draft and Final) ., j1.ANCHOR
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n Permitting and CEQA Support
Using the dredge design prepared in Task 5 and the results of the Task 3 sediment characterization, Anchor QEA will prepare the project description, which will be used in the regulatory permit applications for the project. The project description
will detail the dredging area and volumes; proposed dredging methodology, approach, and equipment; dredge material placement approach, including location, sediment containment methods, and equipment; overall construction sequencing and timing; and avoidance and minimization measures to be incorporated into the project design.
As noted above, for the purposes of this proposal, we have assumed that dredged sediment will be placed at the Port of Stockton's Roberts Island DMPS.
Compliance with CEQA. We understand that the City expects to need to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) to clear the proposed DMPS to be used as part of the project as well as the maintenance dredging. However, based on our extensive experience permitting these types of projects, including projects that place sediment at the Roberts Island DMPS, we understand that these projects can potentially be cleared through a California Environmental Quality
POTENTIAL COST SAVINGS
CEQA exemption can potentially be obtained if
maintenance related material is place at an existing
site, such as Roberts Island DMPS.
Act (CEQA) exemption, provided that all dredging is maintenance-related and the sediment is placed at an existing site, such as the Roberts Island
DMPS.
If a new area is selected by the City as the placement site for this project, then preparation of an IS/MND would likely be required, and Anchor QEA will prepare an additional scope of work and cost proposal to prepare an IS/MND that is tailored to the selected site's size, characteristics, and expected extent of environmental impacts.
Resource Agency Permits. We will prepare and submit a draft version of the project description, including figures and graphics to portray details where relevant, for the City's review. After addressing comments, we will prepare a final version of the project description for use in subsequent documentation.
Anchor QEA will use the project description to prepare permit applications for submittal to state and federal regulatory agencies with jurisdiction over the project. We expect that the following permits or approvals will be required for the project:
• Clean Water Act Section 404 Permit/Rivers and Harbors Act Section 10 Permit from the U.S. Army Corps of Engineers (USACE) Sacramento District
• ESA Section 7 concurrence letters from the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS)
• National Historic Preservation Act Section 106 concurrence letter from the State Historic Preservation Officer • Section 401 Water Quality Certification and coverage under Order No. RS-2022-0052 from the CVRWQCB • Section 1600 Lake and Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) Pre-application coordination is required with the CVRWQCB but could be expanded to include other agencies as well. If the City is open to it, an effective tool to streamline the permitting process is to hold a pre-application agency meeting.
This proposal assumes one agency pre-application meeting will be conducted, including either just the CVRWQCB or a suite of additional agencies. Anchor QEA will give a short presentation on the project description and permit application submittal timing.
To obtain the required state and federal permits and approvals, Anchor QEA will prepare the following documents:
• Permit application forms and a memorandum containing supplemental information that will be needed for permit issuance but cannot easily fit into the agency form templates • A brief cultural resources memorandum to support USACE's consultation with the State Historic Preservation Officer • A biological assessment to support USACE's consultation with NMFS and USFWS .., '/.. ANCHOR
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• A brief analysis of the alternatives considered for the project, which will be required by USACE for Issuance of its permit
• A CEQA exemption support memorandum
- The project is required to comply with CEQA; however, maintenance projects such as this can typically meet the criteria for a CEQA categorical exemption in accordance with CEQA Guidelines Sections 15301 (d) and 15304(9).
Anchor QEA will prepare a brief CEQA exemption support memorandum to document how the project meets the criteria for a categorically exempt project per the CEQA Guidelines as well as a Notice of Exemption (NOE) form for the City to process.
Anchor QEA will prepare draft versions of the documents listed above for review by the City. After addressing comments, we will prepare final versions of each document and submit them to the respective agencies for review and processing.
After submitting applications, Anchor QEA will remain in close contact with the regulatory agencies issuing permits or approvals for the project. We will respond to agency comments, inquire regularly for status updates, and coordinate with agency points of contact as needed through issuance of permits. We will review all permits issued to ensure that their conditions are feasible.
Assumptions:
• Anchor QEA will develop draft and final versions of the project description. Anchor QEA will address one round of comments from the City on the project description.
• Anchor QEA will coordinate and lead an agency pre-application meeting. • Anchor QEA will prepare draft and final versions of the permit applications, cultural resources memorandum, biological assessment, alternatives analysis memorandum, CEQA exemption support memorandum, and NOE form.
Anchor QEA will address one round of comments from the City on each document. • A dredging lease from the California State Lands Commission (CSLC) is required to dredge state-owned tidelands.
For purposes of this proposal, Anchor QEA has assumed that the tidelands at the project site are owned by the City, in which case no CSLC coordination is required. If the tidelands are under CSLC ownership, Anchor QEA can submit a separate cost proposal to support the City with obtaining approval to dredge CSLC-owned tidelands. • Biological surveys or fieldwork are not included in this scope of work. • No dredging will occur within the federally maintained Stockton DWSC. • Dredging will occur within the established in-work window (August 1 through November 30). • The project will be found to be categorically exempt under CEQA. Should the City or a state agency require preparation of an IS/MND, additional costs would be associated with that effort. • An Incidental Take Permit (ITP) from CDFW will not be required because the project will not result in the "take" of state-listed special status species. By working within the established window, constraining the project to previously dredged areas, and by minimizing the upland footprint of the project through using an established placement site, an ITP should be avoidable; however, if CDFW determines that the project requires an ITP, costs would increase. • The project will not result in fill of wetlands.
• The project will not require compensatory mitigation for impacts due to its maintenance nature. • The City will provide proof of legal interest for the permit applications. • Anchor QEA will respond to agency comments on the permit applications. • Anchor QEA will attend up to 1 O conference calls with agency staff, if needed. • The City will be directly responsible for all permit fees.
Deliverables:
• Project Description
• Permit Applications Forms and Supplemental Information Memorandum • Cultural Resources Memorandum
• Biological Assessment
• Alternatives Analysis
• CEQA Exemption Support Memorandum and NOE Form
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Engineering and Permitting Consulting Services for Buckley Cove Dredging Project (RFP: PUR-24-015) ■
EXHIBIT 1
g Dredging Design Documents
Under this task, Anchor QEA would prepare draft 60%, draft 90%, and final 100% dredging design documents. The design documents would include drawings, technical specifications, and a basis of design memorandum including an opinion of probable costs. Design development would include evaluating dredging
production rates,
construction timelines, and potential dredging phasing options. The development of these documents would occur concurrently with the sediment investigation processes and permitting efforts to the extent feasible.
The design drawings will depict the site features necessary to inform a dredging contractor of existing site conditions, including site bathymetry; existing shorelines, docks, marine features, and structures; site mooring areas and access restrictions (if any); required dredging template (i.e., extents and limits of dredging); dredging side slopes; allowable overdepth limits; and typical cross sections. We would request any existing as-built or similar drawings from the City, including dock or ramp infrastructure, existing or abandoned utilities, or similar. We assume the drawing package will include up to seven sheets.
It is assumed that the dredging will be performed using hydraulic cutter suction dredge equipment and that the sediment will be pumped via pipeline to the nearby Roberts Island DMPS. Because the Port of Stockton does not require topographic surveys of Roberts Island DMPS, the design drawings will not include a topographic map of the Roberts Island DMPS; however, the drawings will schematically identify the
EFFICIENCY, COMPLIANCE, AND
COLLABORATION
Concurrent design and permitting: Developing the dredging design documents concurrently with the sediment
investigation and permitting processes allows things to move forward efficiently rather than waiting for one phase to fully complete before starting the next.
Customized technical specifications: Preparing customized technical specifications for the dredging and sediment
placement will help ensure compliance with all permits and environmental restrictions.
Two review stages: Providing both 60% and 90% draft design documents for the City's review gives multiple touchpoints to ensure the final design meets their needs.
Electronic deliverables: Submitting deliverables in electronic format only is more efficient and environmentally friendly.
Incorporation into City bid package: Developing the technical specifications to integrate smoothly into the City's standard bidding package reduces effort for the City.
Roberts Island DMPS site relative to the dredge area. The drawings will also direct the contractor to comply with all USACE and Port of Stockton requirements for anchoring a pipeline across the Stockton DWSC, as well as Roberts Island DMPS material placement regulatory requirements (including maintaining a minimum freeboard within the DMPS).
The design drawings will be accompanied by a brief basis of design memorandum summarizing the project, estimated dredge volume, and opinion of probable cost. The design drawings, basis of design memorandum, and technical specifications described below will be the basis for the regulatory permit applications.
The technical specifications will include detailed requirements for dredging and placement of sediment at the Port of Stockton's Roberts Island DMPS, in compliance with all permit conditions and environmental restrictions included in the permits. Technical specifications will be prepared using Anchor QEA's standard format. Should the City request that technical specifications be prepared in another format, we ask that the City-provided technical specifications be provided early in the design process (within 2 weeks after the kick-off meeting) to conduct the work most efficiently.
Anchor QEA will follow City and Reclamation District engineering requirements as provided by the City. The technical specifications will be prepared in a manner to be incorporated into a standard bid package provided by the City, which is anticipated to include the City's Standard Agreement, Contract Terms (including bonding requirements, payment provisions, and insurance requirements), and General Conditions. Anchor QEA can assist City engineers with preparation of the Notice to Bidders, as described in Task 6 Engineering Support for the Solicitation Contractor Proposal Phase.
We will submit a draft 60% set of design documents to the City for review and discussion, followed by a draft 90% set for City review, followed by a final 100% set signed and stamped for bid solicitation. This provides the City with two opportunities for review of the documents prior to finalization. We assume that all deliverables will be submitted to the City in electronic format only.
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Engineering and Permitting Consulting Services for Buckley Cove Dredging Project {RFP: PUR-24-015) ■
EXHIBIT 1
Assumptions:
• The City will provide upland and shoreline topographic survey information including location and geometry of adjacent structures, and overwater structures, such as docks and piles, in an AutoCAD-compatible format. • The City will provide sufficient information regarding site conditions, access routes, the presence and location of utilities, and timing and nature of facility operations that may affect, or be affected by, the dredging. If sufficient information is not available regarding the above points, then additional data gathering may be required to adequately identify site conditions, which may require additional effort by Anchor QEA and cost. • The proposed dredging depths will not exceed the original design depths alongside structures and guide piles at the site. We have therefore assumed that it will not be necessary to analyze the stability of existing offshore and nearshore structures.
• Dredged sediment will be placed at the Port of Stockton's Roberts Island DMPS located immediately across from Buckley Cove. If sediment material testing results indicate that the material does not meet the DMPS criteria, Anchor QEA will support the City to create design documents with an alternative disposal location at additional cost.
Design of a shoreside offloading or staging area is not included in the proposed design effort. • Anchor QEA will attend up to two meetings (virtual or in person, as appropriate) with the City during the design process (one review meeting of the draft 60% design documents and one review meeting of the draft 90% design documents).
• Any City-requested changes to the draft 90% design documents and the stamped 100% design documents will be minor in nature, such as grammar correction or formatting. No material changes to the project will be incorporated at this phase.
• The City will provide all existing CAD files and available bidding and construction documents from previous dredging events to streamline efforts during design.
Deliverables:
• Draft 60% Design Documents (including drawings, technical specifications, basis of design memorandum including opinion of probable cost)
• Draft 90% Design Documents (including drawings, technical specifications, basis of design memorandum including opinion of probable cost)
• Final 100% Design Documents (including stamped drawings, technical specifications, basis of design memorandum including opinion of probable cost)
Engineering Support for the Solicitation Contractor Proposal Phase
Under this task, Anchor QEA would support the City with management of a competitive bid process. This process would include preparation of bid documents (e.g., bid form with estimates of payable dredge quantities, subdivided according to different dredging areas), assistance with transmitting the bid request to invited contractors, managing a site visit and pre-bid meeting for prospective bidders, collaborating with City engineers to respond to bidders' questions, preparing an addendum or addenda (if needed), reviewing and evaluating technical approach and fees of the bids, and making a recommendation of the best qualified dredger for award by the City. Anchor QEA will assist the City issuing the NTP to the selected bidder.
Deliverables:
• Pre-Bid Meeting Agenda
• Response to Bidders' Questions
• Addenda Preparation
• Brief Bid Evaluation and Recommendation
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Engineering and Permitting Consulting Services for Buckley Cove Dredging Project (RFP: PUR-24-01 S) ■
EXHIBIT 1
Construction Observation and Engineering Support
Once dredging activities have started, Anchor QEA will act as the City's representative for oversight of the dredging contractor. Due to the uncertain dredge volume and sediment characterization results, the duration of construction activity is unknown. The City has requested daily observation of dredging operations during the course of construction, which Anchor QEA is capable of and willing to support. For purposes of this proposal, we have assumed a total of 20 consecutive working days of construction observation, with the understanding that if the construction duration varies significantly in length in either direction (+/- 2 days or as agreed upon with the City), Anchor QEA will provide a daily rate of approximately $1,700 for adjustments and/or will discuss with the City how to realign the desired observation frequency (e.g., daily, weekly, biweekly) to match available funds.
Anchor QEA's construction oversight will include the following efforts:
• Participate in a pre-construction meeting with the contractor to review construction requirements, expectations, lines of communication, construction logistics, permit compliance, and other issues relevant to the construction process.
• Coordinate and review the pre-dredge survey to be conducted by eTrac. • Plan and participate in weekly meetings to discuss project progress; review contractor work reports, disposal site logs, schedule and coordination needs; review any project issues and create a resolution plan; and review minutes prepared by the contractor.
• Perform site visits by Anchor QEA staff for a total of 20 consecutive working days, and to the extent desired by the City. During that time, observations will be made of the contractor's overall work quality and compliance with design documents, approved submittals, and regulatory conditions. Photographs will accompany site visit logs. • Review, verify, and maintain the contractor's progress surveys to review compliance with construction schedule and requirements and to develop recommendations for progress payment. Respond to contractor's questions and formal Requests for Information, including in-the-field resolution of minor issues to circumvent change orders due to obstructions or other unanticipated conditions.
• Assist with negotiations should unanticipated conditions warrant a change order. • Confirm eTrac's final payment quantities from the post-dredge survey, as outlined in the technical specifications. • Coordinate with the resource and regulatory agencies on behalf of the City for all construction submittals, including Notice to Mariners, pre- and post-dredge surveys and volume reports to agencies as required by the permits, and any construction incident reports should incidents occur. • Assist the City with preparing ongoing updates of dredging status for tenants, as requested.
Additional budget for this task may be required if unforeseen events occur, such as significant and unanticipated modifications to the regulatory approvals, or if there are unanticipated field conditions, such as excessive debris or
highly consolidated materials.
Assumptions:
• A total of 20 working days of construction observation will be provided. If the construction duration varies significantly in length in either direction (+/- 2 days or as agreed upon with the City), Anchor QEA will provide a daily rate for adjustments and/or will discuss with the City how to realign the desired observation frequency (e.g., daily, weekly, biweekly) to match available funds.
• Contractor will perform water quality monitoring required by the permits. If the City prefers Anchor QEA to conduct the sampling, we will provide a written scope and budget request to cover Anchor QEA boat mobilization/demobilization, utilization, labor, and equipment.
Deliverables:
• Agendas for Coordination Meetings/Calls
• Materials and Environmental Training with Contractor (as required by permits) • Daily Construction Inspection Forms per Site Visit
• Up to 10 Total Responses to Contractor Schedule, Payment, Technical, Health and Safety, and Change Order Submittals
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Engineering and Permitting Consulting Services for Buckley Cove Dredging Project (RFP: PUR-24-015) ■
EXHIBIT 1
Post-Construction Reporting and Project Closeout
Following the conclusion of dredging, Anchor QEA would assist the City with overseeing contractor demobilization from the site and reviewing and approving completion of any noted deficiencies prior to final pay request approval. The primary task would be developing and filing the required Dredging Operations Report with USACE on behalf of the City.
Additional specific tasks would include the following:
• Review and approve the contractor's final post-dredge surveys and final payment request. • Assist the City with final fee payments (volume-based) to the regulatory agencies, as required. • Assist the City with inspection of the contractor's demobilization and final cleanup of the worksite. Attend one post- construction meeting.
• Act as a liaison between the City and the contractor during demobilization. • Verify that all requirements of the permits and design documents were met by the contractor. • Oversee post-construction submittals, including post-dredge surveys and volume reports to regulatory agencies, as required by the permits.
• Verify all required final inspection signoffs by regulatory agencies. • Support the City in issuing Notice of Completion after approval.
Deliverables:
• Up to 10 Total Responses to Contractor's Post-Dredge Submittals • Post-Dredge Survey and Final Dredge Quantity Calculation Submittal to Agencies • Package Assembly of all Record Documents for City's Permanent Files .., ..-,..ANCHOR
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Engineering and Permitting Consulting Services for Buckley Cove Dredging Project {RFP: PUR-24-015) ■
EXHIBIT 1
Schedule
This schedule has been included for reference to durations anticipated per task and is not specific to month or year. 2024
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1.0 Project Management
1.1 Project Management
2.0 Surveying
2.1 Hydrographic Condition Survey with
Volume Estimate
2.2 Hydrographic Pre-Dredge Survey
2.3 Hydrographic Post-Dredge Survey
3.0 Sediment Characterization
3.1 Draft Sampling and Analysis Plan
3.2 City Review
3.3 Final Sampling and Analysis Plan/RWQCB
Approval
3.4 Sediment Sampling and Laboratory Analysis
3.5 Draft Sampling and Analysis Report
3.6 City Review
3.7 Final Sampling and Analysis Report
4.0 Permitting and CEQA Support
4.1 Pre-Application Meeting and Coordination
4.2 Project Description
4.3 Permit Applications
4.4 Biological Assessment
4.5 Cultural Resources Memorandum
4.6 Alternatives Analysis
4.7 Agency Coordination and Permit Issuance
5.0 Dredge Design Documents
5.1 Draft 60% Plans, Specifications, BOD Memo
with Costs
5.2 City Review
5.3 Draft 90% Plans, Specifications, BOD Memo
with Costs
5.4 City Review
5.5 Final 100% Plans, Specifications, BOD Memo
with Costs
6.0 Engineering Support for Solicitation
Contractor Proposal Phase
6.1 Bid Documents
6.2 Pre-Bid meeting
6.3 Responses and Evaluation
7 .0 Construction Observation &
Engineering Support
8.0 Post-Construction Reporting & Closeout
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Engineering and Permitting Consulting Services for Bu ckley Cove Dredging Project (RFP: PUR-24-015) a
EXHIBIT 1
ATTACHMENT B
Anchor QEA, LLC
BILLING RATES
Professional Level Hourly Rates
Principal ................................................................................................................................................................................. $312 Senior Manager .................................................................................................................................................................. $27 4 Manager ................................................................................................................................................................................ $256 Senior Staff ........................................................................................................................................................................... $227 Staff 3 ..................................................................................................................................................................................... $199 Staff 2 ..................................................................................................................................................................................... $179 Staff 1 ................................................................................................................................................. .................................... $151 Senior CAD1 Designer ............................................................................................................... ....................................... $157 CAD Designer ...................................................................................................................................................................... $132 Technician ............................................................................................................................................................................ $127 Senior Technical Editor .................................................................................................................................................... $155 Technical Editor .................................................................................................................................................................. $132 Senior Project Coordinator ............................................................................................................................................ $149 Project Coordinator .......................................................................................................................................................... $122 Special Hourly Rates
National expert consultant ............................................................................................................................................ $507 All work by a testifying expert ................................................................................. 1.5 times professional level rate Expert Advisor ..................................................................................................................................................................... $389
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour) ................................................................................................................................ $10.00 Graphic Plots (varies with plot size) .................................................................................................................... $3-$6/sf Mileage (per mile) .................................................................................................................... Current Federal Standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants ........................................................................................................................................... 5% Travel and other direct costs .......................................................................................................................................... 10% Field equipment and supplies ........................................................................................................................................ 10% 1 CAD: Computer Aided Design
This is a company confidential document.
EXHIBIT 1
EXHIBIT 1