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HomeMy WebLinkAbout10 - Little Corona Offshore StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. to February 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3322 or rstein @city.newport - beach.ca.us SUBJECT: LITTLE CORONA OFFSHORE STUDY — AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS RECOMMENDATIONS: 1. Approve Amendment No. 2 to the Professional Services Agreement with Weston Solutions (Weston) of Carlsbad, California to install current velocity detectors and collect sediment samples to support verification of computer modeling of contaminant loads from Newport Harbor to the Areas of Special Biological Significances along Newport Coast at a not to exceed price of $39,942 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment transferring $30,000 from Account 7231- C2370902 Tide and Submerged Lands (originally appropriated for an eelgrass study) to Account 7231- C5100889 Tide and Submerged Lands. DISCUSSION: In response to the State Water Resources Control Board's (SWRCB) warning in 2004 that it would become more aggressive in enforcing the California Ocean Plan's prohibition of pollutant discharges into sensitive marine life areas, the so- called 'Areas of Special Biological Significance' (ASBS), the City has initiated a program to: 1. Control direct discharges from Shore Cliffs and Cameo Shores to the ocean via storm drains, v- ditches, and small conduits and 2. Investigate if there are real impacts to the ASBSs along Newport Coast due to public use (trampling, scavenging, and fishing), contaminants from the canyons discharging the ASBSs, or contaminants transported downcoast from Newport Bay. Data collected from the canyons last year did reveal somewhat high metals concentrations (copper, cadmium and zinc), traces of banned pesticides (Malathion), as well as elevated concentration of fecal indicator bacteria during storm events. Perhaps Little Corona Offshore Study — Amendment Number 2 to Professional Services Agreement with Weston Solutions February 27, 2007 Page 2 the biggest Concern is the large volume of fresh water that now flows continuously in the canyons. So far, there does not appear to be a compelling case that pollutant loads coming from the canyons pose a significant hazard to the health of the ASBSs. However, as a follow -up step, mussels are being outplanted at strategic locations from Little Corona to the jetty. These mussels will be harvested and tested for contaminants (including bacteria and viruses). The City is now engaged in conducting a public use study to gauge the public's impact to the rocky intertidal areas and also to monitor fishing activities in the ASBS areas. Additionally, our consultants are preparing a computer model to predict how pollutants exiting the jetty from Newport Harbor are transported along the coast. Preliminary modeling results indicate that a good understanding of the longshore currents is key toward predicting how a pollutant plume from Newport Bay is transported downcoast. Because there is no longshore current data along this stretch of coastline, these currents are being estimated using data of the wave environment. However, there is still the problem of verifying the predictions made in this way because there is no longshore current data. Under this contract amendment, Weston Solutions divers will install three :current velocity detectors (Acoustic Doppler Current Profilers) on the seafloor at strategic locations near the jetty. To keep consultant costs down, the City Lifeguard Division will supply the boat and captain and Public Works will provide a crew member. The detectors would remain in place for a month with a data recorder. The equipment would then be recovered and the data downloaded, analyzed, and used to verify the computer model predictions for the downcoast dispersion of a pollutant plume from Newport Bay. By verifying the numerical model with this data, the City and the SWRCB will have considerable confidence in the study results and lend credence to our identification of the most important impact to the ASBS (e.g. contaminant loads from harbor, contaminant loads from the canyons, or public use). We can then proceed from these studies to defining actual remediation efforts. If canyon flows are truly the biggest concern, we will intensify our program to reduce over - irrigation practices and eliminate the use of toxic chemicals in the Newport Coast watershed. If the problem is due to public use, the City could instigate a more focused educational program and may have to consider hiring an officer to monitor tidepool activities. If the problem is pollution from Newport Bay, then the City will have to institute corrective measures under a Harbor Area Management Plan and intensify coordination with our upstream neighbors to correct problems in the Newport Bay watershed. These widely different potential action plans underscore the need for the City to understand the source of the problem so that we can develop an appropriate and cost- effective remediation strategy. The amendment to Weston's contract will require a budget amendment to transfer $30,000 allocated for an eelgrass study. As a grant application to fully fund the eelgrass study was rejected, the eelgrass study will not proceed this year. Little Corona Offshore Study — Amendment Number 2 to Professional Services Agreement with Weston Solutions February 27, 2007 Page 3 Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Public Notice: None required. Funding Availability: With the approved Budget Amendment, sufficient funding will be available in the following account for the project: Account Description Tide and Submerged Lands Prepared by: Robert Ste n, P.E. Principal Civil Engineer Attachments: Amendment No. 2 Account Number Amount 7231- C5100889 $39,942 Total: $39,942 Submitted K G`B-a-d-um Works Director AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR THE NEWPORT COAST AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) MONITORING THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City ") and WESTON SOLUTIONS, INC., a Pennsylvania corporation, whose local address is 2433 Impala Drive, Carlsbad, California, 92008, ( "Consultant "), is made with reference to the following: RECITALS A. On August 8, 2006, City and Consultant entered into a Professional Services Agreement, which authorized Consultant to conduct public use and biological surveys (hereinafter referred to as the "Agreement'). This work falls under ASBS Planning Grant awarded to the City by the State Water Rerources Control Board and funding under the Proposition 50 Integrated Coastal Watershed Management Program. B. Under the Agreement, Consultant was hired to conduct public use and biological surveys at ASBS areas along Newport Coast and Heisler Park (hereinafter referred to as the "Project'). Under the Agreement, City agreed to pay Consultant an amount not to exceed One Hundred Seventy -Four Thousand Seven Hundred Thirty -Six Dollars ($174,736) for the services. This Agreement is scheduled to expire on June 30, 2008. C. City and Consultant entered into Amendment No. 1 to the Agreement on October 24, 2006. The total compensation payable to Consultant under Amendment No. 1 to reflect additional services not included in Agreement was not to exceed Sixty Nine Thousand, Five Hundred Dollars ($69,500). D. City desires to enter into this Amendment No. 2 to further amend the Agreement to reflect additional services not included in the Agreement or Amendment 1. E. City desires to compensate Consultant for the additional professional services needed for Project. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined. in the Scope of Work dated February 14, 2007, attached hereto as-Exhibit A, and incorporated in full by this reference. Consultant agrees to meet the deadlines outlined in Exhibit A. 2. Total additional compensation to be paid to Consultant for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Nine Thousand, Nine Hundred Forty -Two Dollars ($39,942). 3. The term of the Agreement shall not change. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPR VED AS TO FORM: Aron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OF NEWPORT BEACH, A Municipal Corporation By: Steven Rosansky, Mayor for the City of Newport Beach WESTON SOLUTIONS, INC.: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f :lusers\pbvMharedlagreementslfy 06- 07Tweston - asbs monitoring amend 1.doc 2 WESTON SOLUTIONS, INC. 2433 Impala Drive Carlsbad, CA 92010 (180) 931-8081 1(780) 931 -1580 FAX �. www.ws3tonsolutions.c m February 14, 2007 Mr. Robert Stein, P.E. Principal Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Exhibit A - Scope of Work for Current Study Dear Mr. Stein: Weston Solutions, Inc. (Weston) is pleased to provide this Scope of Work to conduct the current study of the Area of Special Biological Significance (ASBS) at Little Corona for the purpose of defining the constituent flows from and to the ASBS. These data will be used to further refine the current and pollutant transport model being developed. The overall objective of this study is to further define potential impacts to the ASBS that will assist in the City developing management actions to preserve the ASBS and cost effectively meet the anticipated requirements of the Ocean Plan Permit Exception Process. The scope of the current study includes the deployment of an array of three RDI Workhorse Acoustic Doppler Current Profilers (ADCP). The first will be placed in 6 m depth just offshore of where Buck Gully meets the intertidal zone. The second will be deployed along the 12 m isobath 1 km downcoast of Buck Gully, and the third will be deployed along the 10 m isobath offshore of the south jetty of the Newport Harbor entrance. All units will be anchored into position (either rocky or sandy substrate) by scientist divers, and left in place for one month (30 days). Data logging will be set to record at intervals of approximately 15 -min during the duration of deployment. At the end of the sampling duration, the units will be retrieved and the data will be downloaded in the laboratory. Vector flow fields will be generated to reflect prevailing current directions over multiple time periods to enhance the predictability of water mass fates on scales of tidal periodicity and lunar cycling. A technical memorandum summarizing these data will be generated and submitted within 60 days after. This scope also includes effort by Everest International, who is completing the current and tidal model for the Lower Newport Bay and Little Corona, to meet and provide input on the current study. The data generated by this field effort will also for calibration of the model being developed by Everest International. The scope also includes sediment sampling and analysis to further support these efforts. Robert Stein, City of Newport Beach Exhibit A - Scope of Work Cost Proposal The cost for the current study is $32,422. The cost for the sediment analysis is $6,500. TOTAL: $39,942. February 14, 2007 Page 2 This cost estimate assumes that a boat will be provided by the City of Newport Beach for the deployment and recovery of the ADCPs. This work will be completed on a time and materials not to exceed basis. Schedule Work will begin within a week of authorization of notice to proceed. All work will be completed by May 1, 2007. Please contact or David Pohl at (760) 931 -8081 or Lisa Kay if you have any questions or comments on this revised Scope of Work. Very truly yours, Weston Solutions, Inc. David H. Pohl, Ph.D., P.E. Sr. Project Manager cc: K. Morns City of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 07BA -048 AMOUNT: $30,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Tidelands Eelgrass Study account to the Tidelands Areas of Biological Significance Assessment account to fund an amendment to the Professional Services Agreement Weston Solutions. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Amount Debit Credit Division Number 7231 Tidelands - Capital Account Number C2370902 Eelgrass Study $30,000.00 Division Number 7231 Tidelands - Capital Account Number C5100889 Areas of Biological Significance Assesment Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Financial Approval: Administrat' Services Director Administrative Ap val: ity Manager " Autamettc System Entry. $30,000.00 Date d Da Signed: City Council Approval: City Clerk Date