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HomeMy WebLinkAbout07 - Federal Emergency Management Agency's Preliminary Flood MapsO�aEWPO CITY OF NEWPORT BEACH <,FoRN�P City Council Staff Report May 23, 2017 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Seimone Jurjis, Assistant Community Development Director - PHONE: 949-644-3282, sjurjis@newportbeachca.gov TITLE: Approval of Amendment No. One to Professional Services Agreement with Everest International Consulting Inc. for Further Analysis Related to Federal Emergency Management Agency's Preliminary Flood Maps ABSTRACT: In July 2016, the City entered into a Professional Services Agreement (PSA) with Everest International Consulting Inc. (Everest). The scope of work included the review of the Federal Emergency Management Agency's (FEMA) preliminary flood maps and supporting data. Based on Everest's comments, staff sent comments to FEMA for its review and consideration. In anticipation that FEMA may reject the comments, staff is requesting the City Council amend Everest's PSA so that a Plan B may be developed. Plan B will provide for further analysis of the open coastline. The City's findings will be submitted to FEMA during the formal appeal period. RECOMMENDATION: a) Find the execution of Amendment No One is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and b) Authorize the City Manager and City Clerk to execute Amendment No. One to the professional services agreement (C-8123-1) for $75,000, for a total contract amount of $160,000. FUNDING REQUIREMENTS: The PSA amendment will be funded from the current Community Development Department's fiscal year budget (Account number 0105042-811008). 7-1 Approval of Amendment No. One to Professional Services Agreement with Everest International Consulting Inc. May 23, 2017 Page 2 DISCUSSION: Background FEMA recently completed a coastal engineering study of the Open Pacific Coast (OPC) of California. New preliminary flood maps were created based on the OPC study. FEMA provided the maps to the City for review and comment. To assist staff, the City hired Everest to conduct an independent review of the preliminary maps and data and to provide comments. FEMA's preliminary maps show the Balboa Peninsula is subject to flooding from both the harbor and coastal sides; therefore, a large number of properties have been included in a special hazard flood zone. This will require property owners to purchase flood insurance when they currently are not required to do so. On average, flood insurance may cost $3,000 a year or more per property. Map of Newport Harbor. Blue color indicates flooding, Orange indicates no flooding. 7-2 Approval of Amendment No. One to Professional Services Agreement with Everest International Consulting Inc. May 23, 2017 Page 3 Everest Findinas The City hired Everest to review FEMA's preliminary flood maps and back-up data and to produce comments. Everest discovered FEMA's analysis did not include the existing seawalls in some areas of the peninsula. The seawalls provide protection from waves or other potential flooding hazards such as king tides. To ensure accurate information is incorporated, the City performed a survey of the seawall elevations. Everest used the survey data in a hydrodynamic model to project flooding along the peninsula. The hydrodynamic model is a different approach than the method FEMA used in its analysis. Using a hydrodynamic model is a more accurate method in determining the extent of flooding. For the open coastline, FEMA projects waves up to 22 feet in height affecting the coastal properties. This will result in new structures built above the wave height, approximately 12 feet above the sand level. FEMA determined the wave height by a methodology that incorporated the shoreline slope. Everest discovered the elevation used for the slope was rounded to the nearest whole foot. This is a very conservative approach to determining wave height. Instead of challenging FEMA's methodology, staff is requesting FEMA use an average slope of the shoreline. Using an average slope will reduce the impacts to coastal properties. Furthermore, FEMA did not consider the City's active sand berm program into account. Every year, the City creates large sand berms to protect the coastal properties from waves generated by potential storms. Incorporating the sand berms in the analysis also reduces the impact to coastal properties. Staff has sent the Everest findings as comments to FEMA for its review and consideration to incorporate into its final flood maps. Plan B Approach In anticipation that FEMA may reject some or all the recent findings, staff thinks an alternate approach or Plan B would be prudent given the upcoming time of filing an appeal. FEMA has made it public that its window for the 90 -day appeal will begin mid- June 2017. Plan B consists of modeling the waves along the coastline using a model that is different from what FEMA uses. The Brezo model is commonly used at the university level to model wave action. 7-3 Approval of Amendment No. One to Professional Services Agreement with Everest International Consulting Inc. May 23, 2017 Page 4 If the City Council approves Amendment No. 1, then staff will send the results of the Plan B analysis as a formal appeal to FEMA. Request Staff is requesting the City Council approve Amendment No. 1 with Everest for an additional $75,000 to perform the Plan B hydrodynamic modeling so the City may file a timely appeal of FEMA's methodology and findings. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Amendment No. 1 Attachment B — Professional Services Agreement Attachment C — Response Letter from FEMA 7-4 Attachment A Amendment No. One to Professional Services Agreement with Everest International Consultants, Inc. 7-5 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR COASTAL ENGINEERING SUPPORT SERVICES TO APPEAL REVISED FEMA MAP THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 9th day of May, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California corporation ("Consultant"), whose address is 4444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802, and is made with reference to the following: RECITALS A. On July 28, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") for Coastal Engineering Support Services to Appeal Revised FEMA Map ("Project"). B. On April 12, 2017, the City submitted comments to FEMA. Now the City desires to prepare and submit a final letter of appeal. C. The parties desire to enter into this Amendment No. One to reflect additional Services not previously contemplated in the Agreement, to extend the term of the Agreement to July 31, 2019, and to increase total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on July 31, 2019, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit B and incorporated herein by reference ("Services" 7-6 or "Work"). Exhibit B attached hereto shall become effective as of the Effective Date of this Amendment No. One. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Sixty Thousand Dollars and 001100 ($160,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy Five Thousand Dollars and 001100 ($75,000.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Everest International Consultants, Inc. Page 2 7-7 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aa . Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon �f d•f� Mayor CONSULTANT: EVEREST INTERNATIONAL CONSULTANTS, INC., a California corporation Date: By: Ying-Keung Paan Vice President/Principal Engineer Date: By: Margaret Lee CFO/Principal Engineer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Everest International Consultants, Inc. Page 3 7-8 EXHIBIT A SCOPE OF SERVICES Task 1: Project Coordination and Meetings • Consultant shall prepare for and attend up to eight monthly meetings with the City and two City Council meetings, between May 2017 and December 2017. Task 2: Technical Studies to Support the Appeal • Consultant shall conduct two-dimensional hydrodynamic modeling, using the BreZo model, developed by Professor Brett Sanders of the University of California, Irvine. • Consultant shall modify the BreZo hydrodynamic model to incorporate the effect of wave runup and overtopping. • Consultant shall develop appropriate wave and tide conditions to be used in the modeling. • Consultant shall develop methodology for estimating wave overtopping rates to be incorporated into the BreZo model, based on offshore wave conditions and beach characteristics (e.g., beach slope and berm height), • Consultant shall prepare BreZo model grid for the Newport Coast. • Consultant shall prepare flood zone maps for the area along the open coast of the City. Task 3: Appeal Support • Consultant shall assist the City in preparing the final letter of appeal, filing the required appeal documents, attending follow-up meetings with FEMA staff, and addressing comments from FEMA staff on the technical studies contemplated in Exhibit A of this Amendment No. One. Everest International Consultants, Inc. Page A-1 7-9 EXHIBIT B SCHEDULE OF BILLING RATES The billing rates indicated in this Exhibit B shall apply only to the Scope of Services set forth in Exhibit A of this Amendment No. One. Staff Category Hourly Rate Principal Engineer $199 Senior Engineer/Scientist III $172 Senior Engineer/Scientist II $156 Senior Engineer/Scientist l $137 Engineer/Scientist $124 Assistant Engineer $110 Staff Engineer $93 Technician/CAD Operator $81 Intern $40 Other Direct Costs Unit Rate Copying/Binding 8.5 x 11 b&w copy $0.121ea. 11 x 17 b&w copy $0.251ea. 8.5 x 11 color copy $0.501ea. 11 x 17 color copy $1.00/ea. Binding (Reports) $2.501ea. Transportation Personal Car (Mileage) at federal standard rate _Other Proiect Related Expenses Other expenses are invoiced at cost without mark up. Subconsultant Services Subconsultants are invoiced at cost plus an agreed mark up. Everest International Consultants, Inc. Page B-1 7-10 Attachment B Professional Services Agreement 7-11 C-8123-1 PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. FOR COASTAL ENGINEERING SUPPORT SERVICES TO APPEAL REVISED FEMA MAP THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 28th day of July, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EVEREST INTERNATIONAL CONSULTANTS, INC., a California corporation ("Consultant"), whose address is 444 West Ocean Boulevard, Suite 1104, Long Beach, California 90802, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide coastal engineering support services to appeal recently revised Federal Emergency Management Agency ("FEMA") Flood Insurance Rate Maps ("FIRM") ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on July 31, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 7-12 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty Five Thousand Dollars and 001100 ($85,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Everest International Consultants, Inc. Page 2 7-13 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ying-Keung Poon to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Building Division. City's Principal Civil Engineer — Plan Check or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will Everest International Consultants, Inc. Page 3 7-14 perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Everest International Consultants, Inc. Page 4 7-15 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Everest International Consultants, Inc. Page 5 7-16 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Everest International Consultants, Inc. Page 6 7-17 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be Everest International Consultants, Inc. Page 7 7-18 borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Samir Ghosn, Principal Civil Engineer— Plan Check Community Development Department, Building Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Everest International Consultants, Inc. 444 West Ocean Boulevard, Suite 1104 Long Beach, CA 90802 Everest International Consultants, Inc. Page 8 7-99 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Everest International Consultants, Inc. Page 9 7-20 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Everest International Consultants, Inc. Page 10 7-29 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7 j1,5-4116 By: I� Aaron C. Harp CAM a lisittv City Attorney ATTEST: Date: OO Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: "111111" By: Dav�iff City Manager CONSULTANT: Everest International Consultants, Inc., a California corporation Date: 7(t -r( 7-t 6 BY: Ying`-Reung Poon Vice President/Principal Engineer Date: _712-t"/ ZoI4 By: 0. -� �-= a� 3— Margaret Vee CFO/Principal Engineer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Everest International Consultants, Inc. Page 11 7-22 EXHIBIT SCOPE OF SERVICES Everest International Consultants, Inc. Page A-1 7-23 �. City of Newport Beach FEMA Map Revision EVEREST Coastal Engineering Support Services to Appeal Revised FEMA Map Scope of Work and Fee Estimate Submitted by Everest International Consultants, Inc. June 8, 2016 Background Region IX of the Federal Emergency Management Agency (FEMA) has recently completed a coastal engineering study of the Open Pacific Coast (OPC) of California. FEMA is planning to use the results of the study to revise the Flood Insurance Rate Maps (FIRM). FEMA has provided the Flood Insurance Study (FIS) report and draft revised flood maps for the City of Newport Beach (City) to review and provide comments. Upon review of the draft Base Flood Elevations (BFEs), the City has concerns about the proposed revised BFEs and corresponding flood zone designation for the City. Hence, the City contacted Everest International Consultants, Inc. (Everest) to provide a scope of work and fee estimate to perform coastal engineering support review and analyses to assist the City to appeal the FIS. In general, FIS appeals can be based on: (i) scientifically incorrect methods (e.g., wrong methods have been chosen for the study) or (ii) technically incorrect methods (e.g., methods have been wrongly applied or the data used for the study are incorrect or inadequate). Either way, the City has to provide its own study to support the appeal. Based on our initial discussions with the City, we propose to conduct the work in two phases. Phase 1 of the work will be conducted to review the FIS reports and develop a work plan to support the appeal of the proposed BFEs. Phase 2 of the work will be to conduct the technical studies identified in the work plan and assist the City in filing the appeal. Phase 1 Scope of Work Task 1: Phase 1 Project Coordination and Meetings Everest will prepare for and attend two meetings with the City. The purpose of the first meeting will be to define lines of communication, identify available data (e.g., topographic data and structure elevations), refine the study approach, develop the schedule, and discuss deliverable expectation. The second meeting will be conducted upon completion of Tasks 2 and 3 to go over the review comments of the FIS reports, as well as to review the recommended Phase 2 studies and discuss the schedule and preparation for the appeal. In addition, Everest project manager will maintain responsive project coordination with the City staff through emails and phone calls. Task 2: Review of FIS Study Reports Everest will conduct a critical review of the FEMA FIS Study reports, including the four Intermediate Data Submittals (IDS) and associated appendices and/or supplements. A list of the reports and technical studies to be reviewed is provided in Attachment A. The purpose of the review is to understand the data and methodologies that have been used by FEMA in establishing the revised BFEs. 7-24 EVEREST Task 3; Develop Work Plan Based on the findings of Task 2, we will prepare a summary of the data, methodologies, assumptions and limitations of the FIS studies, and recommend an approach for technical studies to support the appeal. Deliverable: A report summarizing the data, methodology, and assumptions of the FIS in the preparation of the revised BFEs, as well as the recommended technical studies and/or data collection to support the appeal of the revised BFEs. Phase 2 Scope of Work Task 4: Phase 2 Project Coordination and Meetings Everest will prepare for and attend meetings with the City to review progress, coordinate work assignments and data transfer, and refine the work approach as needed. It is assumed that throughout Phase 2, there will be up to six (6) meetings with the City. In addition, Everest project manager will maintain responsive project coordination with the City staff through emails and phone calls. Task 5: Technical Studies to Support the Appeal Under this task, Everest will conduct the technical studies developed under Phase 1 to support the appeal of the revised BFEs. Based on a quick review of the FIS reports, in-depth critiques of the FIS and technical analyses may include but not be limited to the following areas: • Statistical analyses of the data to determine the 1 -percent return period Total Water Levels (TWLs) • Wave modeling to transform offshore waves to nearshore • Wave run-up analyses to determine the TWLs for the City • Bathymetry, topography, and structure elevations applied to the Newport Beach area for mapping • Mapping procedure employed to delineate the Special Flood Hazard Area (SFHA) Deliverable: A report summarizing the data, methodology, and results of the technical studies conducted to support the appeal of the revised BFEs. Task 6: Appeal Support Everest will assist the City in the preparation and filing of the required appeal documents, attend meetings with FEMA staff to present the technical studies, and address comments from FEMA staff on the technical studies. Assumptions • If it is identified that additional data (e.g., shoreline transects for wave runup analyses) are needed to support the technical analyses, the City will be responsible for collecting the data. 7-25 EVEREST Schedule We propose to complete the scope of work for Phase 1 presented above within five (5) weeks from receiving a written notice to proceed. Upon completion of Phase 1, we will work with the City to develop the schedule for Phase 2 to fit the timeline for the appeal period of the proposed BFEs. Budget We propose to complete the scope of work described above on a time and material basis for a fee not to exceed $72,000. A fee breakdown by task is provided in the attached spreadsheet. We request that the City include a contingency of 20% of the proposed fee (i.e. $14,400) in the contract value since details of the required technical studies to support the appeal are still not clearly defined. 7-26 AL EVEREST Attachment A: List of Orange County Intermediate Data Submittals (IDS) Intermediate Data Submittal #1: Scoping and Data Review, Orange County, California Appendix A: CA Coastal Needs Assessment: (A) Data Gaps, Availability and Needs (B) Study Methodology (C) Outreach and Coordination (D) Data Acquisition Plan (E) Work Plan Appendix B: Tide Gage Data Inventory for the CCAMP/OPC Study Appendix C: Field Reconnaissance Notebook, Orange County, California Appendix D: Orange County Structures Inventory Appendix E: Transect Location Maps Appendix F: Orange County Beach Nourishment Inventory Intermediate Data Submittal #2: Offshore Waves and Water Levels Southern California Supplement 1: California Pacific Coastal Studies (Southern Coastal Counties): High Resolution Deep Water Wave Climate Forcing Development 1960-2009 Appendix A: Global Reanalysis of Ocean Waves (GROW) Appendix B: Global Reanalysis of Ocean Waves, Fine Northeast Pacific Hindcast, (GROW -FINE NEPAC) Appendix C: California Pacific Coastal Studies (Northern and Central Coastal Counties): High Resolution Deep Water Wave Climate Forcing Development Supplement 2: Offshore Water Levels and Tide Gauge Analyses (White Paper) Supplement 3: California Open Pacific Coast: Southern California Shallow Water Wave Climate SHELF Model Hindcast, California Coastal Analysis and Mapping Project: Open Pacific Coast Phase II Appendix A: The California Wave Monitoring and Prediction (MOP) System Appendix B: Sources of SHELF Model Errors Appendix C: Bathymetry Data Sources, Processing, and Metadata 7-27 EVEREST Appendix D: SHELF Model Offshore Boundary Condition Evaluation Appendix E: Buoy -driven SHELF Model Validation Appendix F: OWI -driven SHELF Model Validation Appendix G: Additional OWI -driven SHELF Model Validation Appendix H: Southern California Hindcast Nearshore Site Selection Intermediate Data Submittal #3: Nearshore Hydraulics, Orange County, California Appendix A: Open Pacific Coast Study Orange County Transect Location Map Appendix B: Orange County Beach Nourishment Assessment Appendix C: Orange Runup Table Appendix D: Erosion Output Appendix E: TWL Frequency Table Intermediate Data Submittal #4: Draft: Flood Hazard Mapping Appendix B: Draft Flood Hazard Mapping 7-28 EXHIBIT B SCHEDULE OF BILLING RATES Everest International Consultants, Inc. Page B-1 7-29 Q. m Q W LL L � C O_ N cj CL 0 1L M ]L Q U Q 4 N CO CO LL d LU W a co tP N V i CO 0. O t+ L L N O0 CL L as w' z N 46 C c W �a N O U �. rn 64 � � 64 o o N! O �t U r co lc C 0 N s- O (D CD (D M of it) r V 64 FO- 6j. 6% O O O O O i O N a Q d �- v v O OT. v •E to r L c I LO M (D O d0 000 i (00 D Y N to O UQ O O N d' 1o7 e9l <s V�l 6q U). ( T .y O 00 00 i •�' ff} 61a,t- � i d;, C 1. r N N C O r O_ N d' to 0 •� d G., 4a 22 C t O L T W p� i c0 — co ± co N N o r 7 t° O V N D L d N C4 IO N to CO I N N IR O I� 6 � N U O to X to Y X`_ LO �X- . CO Y - LU U U 0 r a o. O co N O O @ m O bg U U C7 0 0 I EI O o � O ; a' ca .900 N x 1 O% y tto co COLO M i N et c •� o i :1 Ci? EH I til EJi (fl USI I fes?49 fA O W I I R!0 C N J r VO v G .L = O I .- 4 = 0 rI N i I d 0 (n m C C � i d mj a m '0 En }� N Q 'O to ! 4 O U U m j U cm to Lcn FL Y O N U cnN (D 4 L .�C N CL i(L h,Q •, r � I N M � d' to � <D je y' N co N yN N N (vf- �. rn 64 � � 64 o o O U is , 0 FO- O O O O O N a Q d t07 a v v ° OT. v •E c N to O O d D Y N to O UQ O O O - o e9l <s V�l 6q U). .y O U V 0 d t O t° O V N D O X to Y X`_ LO �X- . CO Y - U U a o. O O @ m U U C7 0 0 EI O o a' ca .900 U EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL, SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI! (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Everest International Consultants, Inc. Page C-1 7-31 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions; A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: Everest In ternational Consultants, Inc. Page C-2 7-32 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and. coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Everest International Consultants, Inc. Page C-3 7-33 G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Everest International Consultants, Inc. Page C-4 7-34 ATTACHMENT C CrrY OF NEWPORT BEACH CC1MMUN M DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, Catifornia 92660 949 644-3200 newponbeachca.gov/communttydevelopment Memorandum To: Honorable Mayor and Members of the City Council From: 5eimone Jurjis, Assistant Community Development Director Date: May 17, 2017 Re: Response Letter from FEMA City staff received the attached letter from the Federal Emergency Management Agency (FEMA). The letter is in response to the April 12, 2017 comments staff sent to FEMA for preliminary flood maps that dramatically impact Balboa Peninsula. For the City Council's consideration, an agenda item to further analyze FEMA's preliminary maps will be presented on May 23, 2017. The attached letter was received after the agenda item was submitted. 14�GEIVED B y COMMUNITY DEVELOPMENT MAY 12 20V CITY OF "'ORT s�P May 8, 2017 Mr. Dave Cliff City Manager Building Division City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 U.S. Department of Homeland Security IN REPLY REFER TO: COMMENT ACID Case No: 12-09-1324S Community: City of Newport Beach, California Community No: 060227 RE: California Coastal Analysis and Mapping Project/ Open Pacific Coast Study Dear Mr, Cliff: This letter acknowledges receipt of a letter dated April 12, 2017 from you regarding the Preliminary Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Newport Beach, dated August 15,. 2016. Your letter requests changes to the coastal floodplain mapping in the vicinity of Newport Bay and the Newport coast. Please note that the Department of Homeland Security's Federal Emergency Management Agency (FEMA) considers appeals as only those submittals that relate to the addition or modification of flood hazard information (i.e., Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries, zone designations, or regulatory floodways) and that satisfy the data requirements defined in Title 44, Chapter I, Part 67 of the Code of Federal Regulations. Because the data submitted in support of the requested changes do not meet these criteria, FEMA refers to the submittal as a `comment.' FEMA will evaluate the issues raised in the referenced letter and the submitted data. If additional data. or information are required to resolve the comments, FEMA will contact your community. If you have additional questions, please contact Ed Curtis of our FEMA staff in Oakland, California, either by telephone at (510) 627-7207 or by e-mail at Edward.Curtis@fema.dhs.gov. Sincerely, rliette Hayes, Chief Risk Analysis Branch FEMA Region IX www.fema.gov 7-36 FEMA Region IX I 1 I 1 Broadway, Suite 1200 Oakland, CA 94607 Of P��F.ti FEMA �1�Na 5 IN REPLY REFER TO: COMMENT ACID Case No: 12-09-1324S Community: City of Newport Beach, California Community No: 060227 RE: California Coastal Analysis and Mapping Project/ Open Pacific Coast Study Dear Mr, Cliff: This letter acknowledges receipt of a letter dated April 12, 2017 from you regarding the Preliminary Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Newport Beach, dated August 15,. 2016. Your letter requests changes to the coastal floodplain mapping in the vicinity of Newport Bay and the Newport coast. Please note that the Department of Homeland Security's Federal Emergency Management Agency (FEMA) considers appeals as only those submittals that relate to the addition or modification of flood hazard information (i.e., Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries, zone designations, or regulatory floodways) and that satisfy the data requirements defined in Title 44, Chapter I, Part 67 of the Code of Federal Regulations. Because the data submitted in support of the requested changes do not meet these criteria, FEMA refers to the submittal as a `comment.' FEMA will evaluate the issues raised in the referenced letter and the submitted data. If additional data. or information are required to resolve the comments, FEMA will contact your community. If you have additional questions, please contact Ed Curtis of our FEMA staff in Oakland, California, either by telephone at (510) 627-7207 or by e-mail at Edward.Curtis@fema.dhs.gov. Sincerely, rliette Hayes, Chief Risk Analysis Branch FEMA Region IX www.fema.gov 7-36