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HomeMy WebLinkAboutC-2203 - Upper Newport Bay/San Diego Creek Sediment Control Planl C ouni� Igree m ent No. IMPLY. MENTATION AGREEMENT IN -CHANNEL FACILITIES AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE ORANGE COUNTY FLOOD \ CONTROL DISTRICT, THE CITY OF IRVINE, THE CITY OF TUSTIN, THE CITY OF NEWPORT BEACH, AND THE IRVINE COMPANY FOR CONSTRUCTION OF ADDITIONAL IN -CHANNEL FACILITIES IN SAN DIEGO CREEK IN FURTHERANCE OF THE NEWPORT BAY WATERSHED -SAN DIEGO CREEK COMPREHENSIVE STORMWATER SEDIMENTATION CONTROL PLAN This A G REE M EN T m ade and entered into this , day of 9 by and between the County of Orange, hereinafter referred to as "County"; the Orange County Flood Control District hereinafter referred to as "District!'; City of Newport Beach, hereinafter referred to as "Newport Beach"; the City of Tustin, hereinafter referred to as "Tustin"; the City of Irvine, hereinafter referred to as 'Irvine", and The Irvine Company. The six entities are hereinafter sometimes jointly referred to as the "Parties." WITNESSETH WHEREAS, the sedimentation in Newport Bay has adversely affected the Upper Newport Bay State Ecological Reserve, navigation, recreation, and the environmental and scenic values of Newport Bay, a significant natural regional asset:; and WHEREAS, the Parties share a concern for the maintenance of the Bay as a high-quality natural regional resource; .and WHEREAS, information is now available so that implementation of a sedimentation control program can be initiated; and WHEREAS, the Comprehensive Sedimentation Control Plan, which consists of several elements in- cluding n- cluding additional sediment control facilities in the Bay and San Diego Creek, constitutes a plan -1- r for reducing the influx of sediment to and the impact of sedimentation on the Bay; and WHEREAS, the Parties wish to join together in this Agreement to accomplish the construction of additional sedimentation and flood control facilities in the lower reaches of the San Diego Creek watershed. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the respective parties hereto do agree as follows: Section L Definitions. Project The design and construction & additional sedimentation and flood control facilities in and/or adjacent to San Diego Creek and/or its tributaries. The Project is proposed to reduce the influx of sediment to Upper Newport Bay and provide flood control benefits in San Diego Creek. The portion of any facilities which provide only a sediment control benefit for Upper Newport Bay shall be a joint project of all the Parties except the District. The District or adjacent developers under terms of a separate agreement or conditions of a development approval shall be splay responsible for the flood control facilities. As initially contemplated, the project is intended to include three additional in -chan- nel sedimentation basins as described as Part III- In Channel. Basins as shown on Exhibit A. This and other alternatives will be evaluated by the Project Report described in Section 5. Steps: Elements of the Project which can be funded and scheduled independently or in conjunction with other elements. Share: Portion of Project step cost allocated to a party to the agreement. Overhead: Overhead rates for County charges shall be calculated by the County Auditor -Controller for the applicable fiscal year. Allocated Costs: The allocated oasts for each step shall be County's direct and overhead charges for materials, labor, and direct supervision for work performed by the County and County's actual contract cost, plus County's direct and overhead costs for contract -2- administration for work which the County has performed by oontract plus expenses incurred as a result of litigation associated with this project. Fiscal Year: The fiscal year for the Project will begin on July 1 and end on June 30 of the fallowing calendar year. Executive Com mittee: The Executive Com mittee shall be that created by the Cooperative Agreement between the cities of Irvine, Tustin and Newport Beach, the State Department of Fish and Game, The Irvine Company and the County of Orange dated September 25, 1984. Section 2. Pte. Tbis Agreement is made for the purpose of accomplishing the Project in furtherance of the Upper Newport Bay -San Diego Creek Comprehensive Storm water Sedimentation Control Plan, indbAing but not limited to preparation of grant applications, contract documents, securing approvals, arranging financing and construction administration activities. The objective of the Project is the reduction of sediment entering the Upper Newport Bay Ecological Reserve consistent with facilitation of flood control objectives. Section 3. Term. The term of this Agreement shall commence upon approval and execution of this document by each and every party and shall continue for so long as the Project facilities are needed for the protection of the Upper Newport Bay Ecological Reserve or until terminated as provided hereinafter. Section 4. Termination and A m end m ent. (a) This Agreement maybe terminated or amended at anytime by the unanimous consent of the Parties, or as otherwise provided herein, except that no termination or amendment may be made which is contrary to any agreement entered into by Party(ies) in reliance on this agreement for purposes approved by the Executive Com mittee or which is contrary to a grant agreement entered into by parties with any department or branch of the State or with the United States of A m erica or any other entity for funds to be used to im ple m ent this Agree m ent:. -3- (b) At steps one through four identified in Section 11, the Executive Committee will determine if adequate funds have been provided to proceed. If adequate funds cannot be secured to fund a step through to co m plet ion, the agreement may be terminated. (c) - If the agreement is terminated, all documents become the property of the County. (d) Additional entities may become parties to this agreement provided the parties to this agreement consent unanimously. (e) This Agreement may be suspended for one or more years by unanimous vote of the Executive Com mittee. At the time any suspension is agreed to, the length of time of the suspen- sion uspen sion will also be agreed to and the Executive Committee shall be responsible for reinitiating its functions as described herein fallowing the suspension period. Section 5. Design, Funding, Construction and Maintenance of Project (a) Step 1: Project Report. The County shall investigate and evaluate alternatives, recommend one and prepare a preliminary cost estimate. The report shall include an allocation of the preliminary cost to sediment and flood control facilities. The recommended alternative and cost allocation shall be submitted to the Executive Com m ittee for approval of the sediment control elements of the Project. Following approval, the County shall prepare necessary environ- mental nvironmental documentation. (b) Step 2: Funding Applications. County shall act as Lead Agency in applying for Federal, State and/or other funds, and the other Parties shall support the applications. Any shortfall rem ah-dng after available outside funds have been secured will be financed by the Parties hereto, as described hereinbelow. (c) Step 3: Contract Documents. County shall prepare Contract Documents required to award a contract for the construction of the Project, including but not limited to permits, approvals, environmental documents, and bidding documents. (d) Step 4: Construction. County shall advertise, award, and administer the construction contract. -4- (e) Step 5: Operation and Maintenance. The completed Project facilities shall be integral parts of the San Diego Creek Channel~ however, they shall not reduce the flood -carrying capacity of the channel. County and/or District shall continue to operate and maintain the channel and will operate and maintain the Project to be constructed under this Agree m ent in such a way as tx) accomplish its flood control purpose. The parties agree that such level of mainte- nance should be adequate to control the influx of sediment to Upper Newport Bay. If at any time the Executive Com mittee deems it appropriate to engage in -a higher level of maintenance, the cost thereof shall be the subject of separate negotiation. Section 6. Lead Agency. The County shall be Lead Agency for implementing the sediment control element of the Project as approved by the Executive Com mittee and in obtaining outside funding for the Project. The County shall also be Lead Agency in compliance with the California Environmental Quality Act. The County shall consult with the other Parties in the preparation of the Project report, design of the Project and in the resolution of construction problems, but County's decision will be final. The other Parties shall participate as responsible agencies defined by C E Q A and provide full cooperation in the preparation of and shall support County's grant applications, environ m ental documents, permit applications, and requests for local approvals. Section 7. Executive Committee. The Executive Committee shall meet as necessary, but atleast once every six months. The Executive Committee shall make recommendations to the Parties toward accomplishment of the objectives of this Agreement; approve a sediment control alternative; approve budget recommendations to the Parties for construction and contract administration costs; provide com m unications among the Parties; evaluate policy options and funding opportunities; develop strategy, implement decisions, and monitor performance. All actions by the Executive C o m m ittee relative to this agree m ent m ust be approved by a m ajority of the parties to this agreement unless otherwise specified by this agreement. The Executive Com mittee may appoint subcom mittees as needed. The Project Manager as designated in Section 9 shall attend all meetings of the Executive Com mittee until construction of the Project is completed. -5- M The County member of the Executive Committee will represent both the County of Orange and the Orange County Flood Control District. Section 8. Technical Liaison Committee. Technical liaison among the Parties shall be accomplished by a Technical Liaison Com m ittee. Each of the Parties shall appoint a member and an alternate to the Technical Liaison -Committee. The County member shall be Project Manager of the Project. The Technical Liaison Committee shall meet as necessary and shall be responsible for timely exchange of information, consultation on and resolution of technical issues, and for providing timely support to the County by the other Parties. Section 9. Project Manager. County shall appoint a Project Manager with sufficient project management background, authority, and access to County resources to successfully man- age the Project. The Project Manager shall establish a Project Work Plan and Schedule, assure that appropriate County resources are available as needed, maintain the schedule, keep the Executive Committee advised of Project status and outlook, coordinate activities and informa- tion exchanges among the Parties, and do all that is necessary to accomplish the purpose of this Agreement. Section 10. Distribution of Costs. The Parties agree that the sediment control portion of the Project design, administration and construction costs as defined in Section 11, when not covered by outside funding, shall be allocated in accordance with the following percentages: County 41% Irvine 8% The Irvine C om pany 42% Tustin 6% Newport Beach 3% Costs of flood control portions of the Project shall be allocated to the District. Allocation percentages may be revised at any time prior to initiation of any step outlined in Section 5 by unanimous consent of the Parties. The above notwithstanding, the parties hereto agree to use zM. their best efforts to secure financial participation from other major landowners or governmental agencies in the watershed but which are not a party to this agreement. Should any costs be reimbursable by grant or other property owners or state or federal funding, the County will refund the reim m bursed funds to the Parties on a pro -rata basis in proportion to their original contribu- tions within 60 days of receipt of such monies. It is agreed that by execution of this agree ent each party only com mits ba fund tram: portion of the Project referred to as "Step One: Project Report" as described in Section 5. Section 11. Accounting by Steps. County as Lead Agency, will incur expenditures for preparation of Project Report Funding Applications, Environmental Documents, Contract Docu- ments, and for the ConstructiOn-`of the Project. The other Parties shall deposit funds with County to cover their share of the cost of each step defined in Section 5 and distributed among the Parties in accordance with Section 10. The Parties shall, within 60 calendar days of receipt of invoice, deposit with the County the billed amounts. Upon completion of each step, County shall, perform a final accounting of its actual cost of that step, and shall recom pute the shares of the Parties based on the allocation set forth in Section 10. If the recomputed shares are more than the amount on deposit, County shall send a supplemental bill, and the Parties shall, within 60 calendar days of receipt of invoice, pay the balance. If the recomputed shares are less than the amount on deposit, County shall refund the difference on a pro -rata basis in proportion to the original contributions. No step will proceed until adequate funding has been received by the C ounty to f and the step through to co m pletion. (a) At each step identified in Section 11, each party will indicate its intent to participate by providing funds for its allocated costs for that step. Should a party fail to provide funds, its costs will be distributed to the remaining parties as described in Section 10. (b) Step 1: Project Report On adoption of this agreement County shall bill the other Parties for their allocation of the Project Report cost, estimated as follows: County Irvine -7- $12,300 $ 2,400 The Irvine Company $12,600 Tustin $ 11800 Newport Beach $ 900 Sub Total (sediment control) $30,000 District (flood control) $170,000 Total $200,000 The Project Report is scheduled for completion on or about July, 1985. On completion of the Project Report the County shall submit the recom mended project alternative and cost alloo- ations to the Executive Committee for approval. When approved, County shall prepare estimated cost allocations for funding application, environmental documents, contract documents, and construction costs, and a revised Exhibit A describing the Project. (c) Step 2: Funding Applications. On approval of the sediment control elements of the Project report the Executive Committee shall meet to develop a funding strategy for those elements. County will then prepare an estimate of its costs of preparing, submitting, and follow- ing through on funding applications, and will ball the other Parties fcr their share, computed on the bans of the allocation set forth in Section 10. (d) Step 3: Contract Documents. On or about August, 1985 the County shall present an infor m ation copy to each of the other Parties showing an esti.m ate of their share, oom puted on the basis of the Distribution of Costs set forth in Section 10 for preparation of Contract Documents. County shall then bill the other Parties for their respective shares of the estimated costs for the uninterrupted eo m pletion of the documents. (e) Step 4: Construction. On or about April, 1986 and annually thereafter until completion of the Project, the Executive Com mittee will review and approve in concept the contract documents and identify elements of the Project to be implemented during the following fiscal year. The estimated Project Construction Cost will be comprised of the engineers esti- mated cost, County's estimated direct and overhead costs of construction administration, and a am contingency of 10 %. County will deduct from the Estimated Project Construction Cost the total amount of outside funding obtained to determine the balance to be financed by the Parties. County shall compute each Party's share, based on the allocation set forth in Section 10, and shall Yell the other Parties for their share. Prior to County's advertising the construction contract, the Parties shall deposit with County their shares of the Estimated Project Construction Cost. Upon receipt of the Estimated Project Construction Cost deposits, County shall advertise the Project, receive bids, and subject to Section 14, award a contract. Prior to award of the contract, County shall recompute the Estimated Project Construction Cost, based on the unit prices bid by the successful bidder, and notify the other Parties of the recomputed amount. If the recomputed Estimated Project Construction Cost is more than the amount on deposit, County may elect to bill the other Parties for their share, based on the allocation in Section 10. Should County so bill the Parties, the Parties shall, within 60 calendar days of receipt of the invoice, pay the balance. If the recomputed Estimated Project Construction Cost is less than the amount on deposit, County shall refund to the other parties their share, based on the allocation in Section 10, within 60 days of filing final notice of completion. Upon completion of the Project and acceptance by County, County shall compute the Project Construction Cost. The Project Construction Cost shall consist . of the direct payments to the contractor plus County's direct and overhead costs for construction administration. County shall render a final accounting of the Project Construction Cost to the other parties within six months of filing of final notice of completion. Section 12. Schedule. It is the intent of the Parties that a funding and implsmentam tion schedule be established by the Executive Com mittee that will ensure completion of construc- tion by 1990 and shall be adhered to as closely as possible. Toward that end each Party will assign this Project a high priority. Section 13. Approval of Contract Documents. County shall circulate information copies of Contract Documents to the other Parties as such documents become available. The other Parties may advise and consult with the County regarding the project design, and County shall consult with and consider the com ments of the other Parties regarding the design of the Project, but County's decision on the design of the Project shall be final. If approval of any other Party to this Agreement is required in order for County to lawfully award a contract, each and every one of the other Parties hereby agrees to make every reasonable effort to grant such approval Section 14. Rejection of Bids. County has the option at its sole discretion, of awarding a contract or of rejecting all bids and re -advertising if the total Project Construction Cost does not exceed the budgeted amount, or of rejecting all bids if they exceed the budgeted amount. If the total Project Construction Bid Cost exceeds the budgeted amount, the additional cost will be allocated to the Parties as described in Section 10 and the County must also then receive unanimous approval of the Executive Committee before awarding the contract. Section 15. Withdrawalof Parties. Any of the parties to this agreement may with- draw by giving written notice of withdrawal to the other parties to this agreement The with- drawing party shall be responsible for financial obligations hereunder to the extent incurred and agreed to by the party prior to the effective date of withdrawaL Incurred obligations for facili- ties constructed pursuant to this agreement shall include all ongoing casts resulting from com- pliance with permit requirements imposed on the operation of facilities constructed or under construction as of the date of withdrawaL The balance of the parties shall continue in the per - for m ance of the ter m s and conditions of this agree m ent on the basis of a revised allocation of costs as set forth in Section 10 unless and until the agree ent is terminated and cast allocations will. be recomputed accordingly. Section 16. Liability It is mutually understood and agreed that merely by virtue of entering this Agreement each Party neither relinquishes liability for its own actions nor assumes liability for the actions of the other Parties. It is the intent of the Parties that the liability, if any, of each Party shall remain the same while this Agreement is in force as it would be without -10- the Agreement. This Agreement represents a cooperative effort to accomplish the construction of an important public project. It is based upon compromise taking into account the benefits to and interests and responsibilities of the Parties. Neither the Agreement itself, nor any provision as evidence of liability of any kind against any of the Parties. The public agency Parties designated to ad minister the projects will require each and every contractor involved with the project to obtain and to maintain throughout the term of their contract, the following insurance policies: 1. Comprehensive General Liability including Completed Operations, Comprehensive Automobile Single Limit Liability, and Contractual Liability: $1,000,000 Combined 2. Workers! Compensation and Employers' Liability: Statutory Limit Each insurance policy required by the contract shall contain -the following three clauses: 1. "This insurance shall not be cancelled, limited in scope of coverage or non - renewed until after thirty (30) days written notice has been given to all Parties." 2. "It is agreed that any insurance maintained by the Parties will apply in excess of, and not contribute with, insurance provided by this policy." 3. "As respects operation of the nam ed insured performed on behalf of the Parties, the following are added as insureds: County of Orange, Orange County Flood Control District, City of Newport Beach, City of Irvine, City of Tustin and The Irvine Company." The Party administering shall have the contractor agree to deposit with them, at or before the effective date of the contract, certificates of insurance necessary to satisfy the insurance provisions, and to keep such insurance and certificates therefor on deposit with Party during the entire term of the contract. - 11 - Section 17. -Availability of Funds. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment of money in excess of appropriations authorized by law. -12- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SCP Z 5 1964 D ate: COUNTY OF ORANGE AND ORANGE COUNTY FLOOD CONTROL DISTRICT _ BY: � • vv C hair m an of Board of Supervisors 5EP 2 5 19$4 _ Date: BY• ' s� r inda D. Roberts Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM Adrian Kuyper, County Counsel Orange County, California BY: ✓lam %/ ��' ���-% ATTEST: City Clark CITY OF IR VIN E By: -13- M ayor ATTEST: City Clerk d .r ATTEST: BY /✓* .lei APPROVED AS TO FORM: City Attorney / Date: APPROVED AS TO FORM: CITY OF TUSTIN BY: _Mayor Pro Tern CITY OF NEWPORT BEACH BY: ay THE IRV NE COMPANY BY: esident BY: :Z4222k-� Vice resident DRC:dasRD-01-20 - 14 - 8/9/84 . r 0 .5 1 1.5 MILES JOHN WAYNE AIRPORT ORANGE COUNTY UPPER I EWPORT BAY . AHC O/AGO q 7 0 c��Fk WE: • I:lc� ij lO IRWD O TREATMENT/ PLANT / C / •� S PCO OSIPHON SAN CROSSING JOAp(JIN % a 2 UNIVERSITY OF CALIFORNIA IRVINE O LEGEND PART I - EARLY ACTION AND INTERIM PLAN O - EXCAVATED BASIN O O - IN -CHANNEL BASINS PART III- PROPOSED O D &IN -CHANNEL BASINS 80 "l=E: HOY`E EN(3lNEERING DOWNSTREAM PROJECTS EXHIBIT A C -';L�03 C30 COOPERATIVE AGREEMENT SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM THIS AGREEMENT is made and entered into this oll /a'4" day of ,•- 1984, by and between the CITY OF IRVINE and the CITY OF NEWPORT BEACH. W I T N E S S E T H WHEREAS, the Cities of Newport Beach and Irvine have entered into a cooperative agreement with the Southern California Association of Governments for the development of a Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek basin; and, WHEREAS, an element of the Plan is to perform sediment monitoring within the San Diego Creek watershed and Newport Bay; and, WHEREAS, the U.S. Department of the Interior, Geological Survey, has approved a five-year sediment monitoring program in San Diego Creek to be funded 50% U.S. Geological Survey and 50% local; and, WHEREAS, it is anticipated that sediment monitoring within the San Diego Creek watershed and Newport Bay will be included in agreements to implement the Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek Basin now being negotiated between the Orange County Environmental Management Agency, the State of California Department of Fish and Game, the City of Irvine, the City of Newport Beach, and The Irvine Company; and, WHEREAS, the City of Irvine, the City of Newport Beach and The Irvine Company have entered into an agreement to fund preliminary data collection and the first year of the sediment monitoring program, and, WHEREAS, The Irvine Company has provided their portion of the funding for the second year sediment monitoring program; and, program; WHEREAS, it is desirable to continue the sediment monitoring NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. SCOPE This Agreement is intended to provide local funding for the second year of the sediment monitoring program, September 1983 to September 1984; and for compilation of data. 2. CONTACT AGENCY The City of Newport Beach is to be contact agency with the U.S. Geological Survey. 3. TERM The term of this Agreement shall extend from the date of execution of this Agreement to compilation of the first year's data, or June 30, 1985, whichever occurs first. 4. PROGRAM COST a. City of Irvine b. City of Newport Beach c. The Irvine Company d. U.S. Geological Survey 5. PAYMENT Second Year $12,390 Second Year $12,390 Second Year $16,520 Second Year $41,300 The City of Irvine shall make payment of their portions of the program costs to the City of Newport Beach by September 30, 1984. 6. AMENDMENT This Agreement may be amended with unanimous approval of the parties. 7. LIABILITY It is mutually understood and agreed that merely by virtue of entering this Agreement, each party neither relinquishes liability for its own actions nor assumes liability for the actions of other parties. It is the intent of the parties that liability of each party shall remain the same while this Agreement is in force as it was before this Agreement was made. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment the day and year first above written. CITY OF IRVINE Dated: 4,,� ,� I 1984 ATTEST: City Clerk CITY OF NEWPORT BEACH r' Dated: - 1984 ATTEST: Z�&A- .,1�4ttezl) City Clerk 161 By Mayo r APPROV V City A for of Irvine By v4 AS F M: ty Attorney of Newport each 84/85 C-883 JOINT POWERS AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE CITY OF NEWPORT BEACH TO RESTORE WETLAND HABITAT AND CONTROL SEDIMENT DEPOSITION IN UPPER NEWPORT BAY ECOLOGICAL RESERVE THIS JOINT POWERS AGREEMENT IS ENTERED INTO THIS _/ 0 Ik2 day of Sv d / 1984, between the CALIFORNIA DEPARTMENT OF FISH AND GAME (hereinafter referred to as "DFG") and the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") W I T N E S S E T H WHEREAS, DFG is the owner of a large part of Upper Newport Bay, administering it as Upper Newport Bay Ecological Reserve, and plans to excavate portions of Upper Newport Bay to increase the wetland resource values of the Reserve and reverse damage caused by past sediment deposition; and WHEREAS, CITY is a local government jurisdiction, concerned about sediment deposition in Newport Bay, and instrumental in funding the construction of facilities to prevent sediment transport into the Bay; and WHEREAS, CITY and DFG have entered into an agreement (hereinafter referred to as "IN -BAY AGREEMENT"), with The Irvine Company, County of Orange, the Orange County Harbors, Beaches and Parks District, and the City of Irvine (hereinafter referred to as the "PARTIES") to finance the construction and maintenance of wetland restoration/sediment control facilities in Upper Newport Bay; and WHEREAS, it is the intent of the IN -BAY AGREEMENT to accomplish excavation for wetland restoration and sediment control; and WHEREAS, it is the intent of the IN -BAY AGREEMENT to accomplish planned excavation in two (2) units to be funded separately; and, 1 of 7 WHEREAS, the purpose of this Agreement is to provide for the construction of Unit I of the planned excavation, (hereinafter referred to as the "PROJECT"); and WHEREAS, under the IN -BAY AGREEMENT, DFG is responsible for funding a major portion of the PROJECT; and WHEREAS, under the IN -BAY AGREEMENT , DFG, CITY,and the PARTIES have determined that it will be to their mutual benefit and savings for CITY to accomplish the PROJECT under CITY contract; and WHEREAS, DFG and CITY are authorized to enter into Joint Powers Agreement pursuant to Government Code Section 6500 et seq.; and WHEREAS, DFG and CITY desire to set forth their respective rights and obligations concerning DFG contribution of funds to and participation in PROJECT; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS: 1. The scope of the PROJECT is shown on Exhibit "A" and includes the following: a. Removal of the central island from the "Early Action Plan" basin. b. Deepening the "Early Action Plan" basin. c. Expanding the "Early Action Plan" basin by approximately 35 acres. d. Constructing a subtidal channel from the outlet of the enlarged "Early Action Plan" basin to the main dike. The total excavation for the PROJECT is estimated to be 740,000 cubic yards, and the total cost including design engineering, construction engineering, administration and project construction is not to exceed Three Million Five Hundred Forty -Seven Thousand Seven Hundred Eighty -Seven Dollars ($3,547,787). 2 of 7 2. DFG SHALL: a. Obtain all permits required to accomplish PROJECT. b. Deposit with the CITY for use in defraying the costs of design engineering, construction engineering, administration and actual PROJECT construction an amount not to exceed One Million Seven Hundred Thousand Dollars ($1,700,000). c. Review and, if acceptable, approve PROJECT plans. d. Present; PROJECT plans to State Public Works Board for approval before dispersal of funds for construction of PROJECT. e. Name an authorized representative to provide CITY writtin approval to award contract within 10 days of PROJECT bid opening. f. Authorized representative to provide CITY written approval to award contract within 10 days of PROJECT bid opening. g. Review and, if found acceptable, approval the PROJECT Final report. 3. CITY SHALL: a. In addition to the aforementioned DFG deposit, collect (1) deposits from the other PARTIES in accordance with the IN -BAY AGREEMENT, and (2) collect anticipated mitigation grants in the amount of Nine Hundred Sixty -Two Thousand Dollars ($962,000) which shall be considered a part of DFG's apportionment of the total PROJECT costs. Should the actual total of mitigation grants collected be less than the anticipated amount, thereby reducing DFG's apportionment below that anticipated in the IN -BAY AGREEMENT, collections from the other PARTIES shall be reduced accordingly in conformance with the IN -BAY AGREEMENT and the scope of the PROJECT shall be reduced as directed by DFG. 3 of 7 b. Assemble bidding documents in such a manner as to permit accounting for funds expended on PROJECT. c. Advertise for bids. d. Provide contract administration, design engineering, and construction engineering for the PROJECT. e. Furnish DFG final cost estimate for PROJECT based on actual bid results. f. Furnish DFG reproducible "As Constructed" plans of the PROJECT; and file a Notice of Completion for the PROEJCT after final acceptance of the work. g. Prepare final report for the PROJECT. h. Be responsible for all costs of design engineering, construction engineering, construction, and administration not included in the PROJECT portion of the bidding documents or identified herein as the responsibility of DFG. 4. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: a. DFG's deposit to CITY in the amount of One Million Seven Hundred Thousand Dollars ($1,700,000) shall be made within thirty days after approval of PROJECT design and specifications by the State Public Works Board. b. If bid prices exceed available funds for the PROJECT, the quantity of material to be excavated shall be reduced so that the amount of the awarded contract plus allowances for design engineering, con- struction engineering, administration, and contingencies does not exceed the available funds. c. CITY shall make monthly progress payments to contractor for PROJECT construction items completed. CITY will hold all deposits and 4of7 mitigation grants collected hereunder in a separate account to which shall be credited all interest earned. CITY will maintain a complete and accurate record of all expenditures made from said account, including identification of the recipients and the purposes therefor, and will provide DFG with a general bimonthly report on the status of the account. A detailed accounting will be included in the PROJECT final report from CITY to DFG. Upon completion of the PROJECT and payment of all PROJECT costs, CITY shall promptly return to all PARTIES their proportionate share of any funds remaining in the account. d. CITY shall retain the records described in 4c above during the term of this Agreement and for the three-year period immediately there- after unless earlier informed in writing by DFG that the records may be disposed of; and during such period shall make the records available to DFG for review during normal business hours upon reasonable notice that DFG desires such a review. e. DFG and CITY will complete the environmental assessments as required by the California Environmental Quality Act of 1970. f. During construction CITY shall assign a qualified inspector who shall be charged with overall contract administration and who shall assure that construction is accomplished in accordance with the plans and specifications. The work, however, shall be subject at all times to inspection by authorized representatives of both parties. g. Change orders will require written approval from DFG. In case of urgency, however, verbal approval by the authorized representative of DFG, noted in paragraph le above, shall be provided with written approval to follow. 5 of 7 h. CITY shall file a Notice of Completion for PROJECT after final acceptance of the work. i. DFG shall, insofar as it may legally do so, indemnify and hold harmless CITY and its officers and employees, from any damage or liability arising from any errors, omissions, or negligence in DFG's performance of this Agreement. j. CITY shall, insofar as it may legally do so, indemnify and hold harmless DFG and its officers and employees, from any damage or liability arising from any errors, omissions or negligence in CITY's performance of this Agreement. k. Any equipment purchased by CITY with funds provided by DFG under this Agreement shall be promptly reported to DFG and shall be the property of DFG during the customary depreciable life thereof. Should this Agreement be terminated for any reason, or upon its expiration, all such equipment shall promptly be returned to DFG. For the purposes of this Agreement, equipment shall be defined as all moveable articles of nonexpendable property which has: (1) a normal useful life, including extended life due to repairs, or two years or more; (2) an identity which does not changes with use, i.e., it is not consumed by use or converted by fabrication into some other form of property; and (3) an approximate unit cost of One Hundred Fifty Dollars ($150.00) or more. 1. This Agreement may be amended by mutual written consent of the parties hereto. m. Unless extended by written amendment,the term of this Agreement shall commence September 1, 1984 and continue through December 31, 1986. 6 of 7 n. The attached Nondiscrimination Clause (OCP -1) pertains to this Agreement and is hereby made a part hereof, with all references to "contractor" understood to mean CITY. IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on the day and year first above written, APPROVES AS TO FORM Ftorney of/City of Newport Beach ATTEST: City Cl-erk CITY OF NEWPORT BEACH /;?/y- a_/c Zt� CALIFORNIA DEPARTMENT OF FISH AND GAME By WC3 [�,,n () fpPepartment of General Sirvices lit 0- 1� 7of7 / forth in S�r-!r Seclion 12N have EXHIBIT A F- U w O_ >- J O¢CDO F- Z rl� O O U 3 F- w Z Z w w in a_ w a N zC H Z Z v H Qry CDF - F - w NONDISCRIMINATION CLAUSE (OCP - 1) 1, During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seg,) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285,0 et seq,). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 129901 set forth in Chapter 5 of Division 4 of Title 2 of the Cali- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, 2. This contractor shall include the nondiscrimination and com- pliance provisions of this clause in all subcontracts to perform work under the contract. STD. 97A (NEW 5-83) 84/85 C-737 AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME, THE CITY OF NEWPORT BEACH, THE CITY OF IRVINE, THE COUNTY OF ORANGE, THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, AND THE IRVINE COMPANY FOR RESTORATION AND CONSTRUCTION AND MAINTENANCE OF SEDIMENT CONTROL FACILITIES IN UPPER NEWPORT BAY IN FURTHERANCE OF THE NEWPORT BAY WATERSHED -SAN DIEGO CREEK COMPREHENSIVE STORMWATER SEDIMENTATION CONTROL PLAN This AGREEMENT entered into this day of wzZ� 1984 is made by and between the State of California, acting through its Department of Fish and Game, hereinafter referred to as "State"; the City of Newport Beach, hereinafter referred to as "Newport Beach"; the City of Irvine, hereinafter referred to as "Irvine"; the County of Orange, hereinafter referred to as "County"; the Orange County Harbors, Beaches and Parks District, hereinafter referred to as "District"; and The Irvine Company. The six entities are hereinafter sometimes jointly referred to as the "Parties". WITNESSETH WHEREAS, Newport Bay is located entirely within Newport Beach, and the environmental and scenic values of the Bay are important attributes of the City, providing fisheries, navigation, recreation, birdwatching, and other amenities related to a coastal salt -water wetland environment accessible to a large urban and suburban population; and WHEREAS, State owns and operates the Upper Newport Bay Ecological Reserve, hereinafter referred to as "Reserve", comprising the upstream portion of Upper Newport Bay, and is responsible for master planning, development, operation, and maintenance of the Reserve; and - 1 - WHEREAS, the State of California has granted tidelands within Upper Newport Bay to County and Newport Beach for public uses including navigation and recreation; and WHEREAS, the sedimentation of Newport Bay threatens to impair the 1. navigation, fish and wildlife, recreation, scenic and water quality values of the Bay, to the detriment of Newport Bay and the surrounding community; and WHEREAS, the jurisdictions of Irvine, Newport Beach and County include portions of the watershed tributary to Newport Bay, and administer ordinances related to control of erosion and sedimentation; and WHEREAS, District and Newport Beach operate boating and recreational facilities in Newport Bay that will be adversely affected by continued sedimentation; and WHEREAS, The Irvine Company owns extensive land holdings in the watershed, including agricultural land and construction sites, and is willing to participate in the construction and maintenance of sediment control facilities in Upper Newport Bay; and WHEREAS, the Parties share a concern for the protection and maintenance of the Bay as a high quality environmental resource; and WHEREAS, the sediment affecting Newport Bay originates from natural open space land as well as from land disturbed by man for agriculture and urban uses; and - 2 - WHEREAS, Newport Beach and Irvine have previously entered into an agreement with the Southern California Association of Governments to conduct studies to achieve three objectives: 1. To develop an Early Action Plan, hereinafter referred to as "EAP", for Upper Newport Bay and San Diego Creek which could be implemented to begin controlling sediment while the studies continued. 2. To analyze the causes, nature, and extent of the sedimentation problems adversely affecting Upper Newport Bay. 3. To develop a Comprehensive Stormwater Sedimentation Control Plan; and WHEREAS, the EAP proposal was implemented and consists of two in -channel basins excavated in San Diego Creek upstream of Jamboree Road and an excavated basin in Upper Newport Bay below Jamboree Road; and WHEREAS, Newport Beach, Irvine, The Irvine Company, County, Orange County Flood Control District and State have contributed toward the construction of the EAP facilities, County is operating, administering and maintaining the two existing in -channel basins in San Diego Creek constructed as part of the EAP, and State is operating, administering, and maintaining the excavated basin below Jamboree Road in Upper Newport Bay constructed as part of the EAP; and WHEREAS, the analysis of the causes, nature, and extent of the sedimentation problem has been completed and information on the sources and amounts of sediment is now available so that a sedimentation control program can be implemented; and - 3 - WHEREAS, the Newport Bay Watershed -San Diego Creek Comprehensive Stormwater Sedimentation Control Plan, hereinafter referred to as "Sedimentation Control Plan", has been completed; and WHEREAS, the recommended facilities phase of the Sedimentation Control Plan includes building additional in -channel facilities in San Diego Creek and additional sediment control facilities below Jamboree Road; and WHEREAS, it is anticipated that a separate agreement will be executed for the construction of additional in -channel facilities in San Diego Creek; and WHEREAS, the other elements of the Sedimentation Control Plan along with additional in -channel facilities and additional sediment control facilities in the Bay below Jamboree Road comprise an economical plan for reducing the further sedimentation of the Bay; and WHEREAS, the Parties recognize the need for a Management Plan for the Reserve which incorporates a Sediment Control Element along with enhancement of the Bay and other features necessary for the Reserve. This Agreement is intended to implement only the sediment control facilities as shown on Exhibit A attached hereto and hereinafter called "Sediment Control Facilities"; and WHEREAS, the Parties wish to join together to accomplish the construction, operation, and maintenance of the Sediment Control Facilities; and WHEREAS, the proposed Sediment Control Facilities will restore and enhance fish and wildlife values in the Bay. - 4 - NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the respective Parties hereto do agree as follows: Section 1. Definitions. Capital Outlay: That portion of the budget devoted to the designt,and construction of Sediment Control Facilities. Local Funds: Funds provided by Newport. Beach, Irvine, County, District, and The Irvine Company, as distinguished from State funds, grant funds, and other financial support. Maintenance: Work required to restore the Sediment Control Facilities to their as -built capacity and condition, including periodic removal of sediment and repair of damage. Management Plan: A plan for the Reserve which incorporates but is not limited to the facilities required for sediment management in Upper Newport Bay as shown on Exhibit A. Phased Implementation Program: The scheduling of the construction and maintenance of the Sediment Control Facilities over a sufficient period of time to obtain State funding, grant funding and other outside funding, to the extent possible and to allow the Parties to plan and budget their financial contributions. Sediment Control Facilities: The Sediment Control Facilities contemplated in this Agreement are shown on the attached Exhibit A which by this reference is made a part of the Agreement. The Sediment Control Facilities - 5 - as shown on Exhibit A include a plan for construction, cost estimates, a Phased Implementation Program, and an operations plan. The Sediment Control Facilities are divided into two units which are defined as Unit I and Unit II on Exhibit A. They may not be changed without the written approval of all Parties. They are deemed to be those facilities that will substantially control the fine sediments which will not be trapped by the in -channel facilities in San Diego Creek. Sedimentation Control Plan: The study prepared for Newport Beach, Irvine, and the Southern California Association of Governments entitled, "The Newport Bay Watershed: San Diego Creek Comprehensive Stormwater Sedimentation Control Plan", August 1983 by Boyle Engineering Corporation. Section 2. Purpose. This Agreement is made for the purpose of constructing the Sediment Control Facilities, and providing a permanent mechanism for operating and maintaining them. Section 3. Management Plan. The State is developing a Management Plan for the Reserve which incorporates a Sediment Element which will include the Sediment Control Facilities attached as Exhibit A. Since State owns the Reserve and is fully responsible for its development and operation, State will be Lead Agency in compliance with the California Environmental Quality Act. Since it is the intent of this Agreement that the other Parties provide financial assistance to State toward the construction, operation, and maintenance of the Sediment, Control Facilities, State has consulted with the other Parties in developing the Sediment Control Facilities, and will not adopt or later modify those portions of the - 6 - Management Plan without the written concurrence of all the other Parties. With termination of this Agreement State will be free to modify the Management Plan without prior approval of the other Parties. State will bear the cost of the development of the Management Plan and will process all environmental documents, obtain all permits, conduct all hearings, and secure all approvals required. The other Parties will assist State in the development and public processing of an acceptable Management Plan and Sediment Element, to the extent resources are available to the other Parties as they shall determine in their sole discretion. Section 4. Eligible Facilities. Sediment Control Facilities as shown on Exhibit A are eligible for financing of project administration, construction and maintenance under this Agreement. Section 5. Executive Committee. This Agreement will be administered by the Executive Committee provided for in the agreement entitled COOPERATIVE AGREEMENT SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED, dated September 30, 1983. It is the intent of the Parties to recognize that the County representative to the Executive Committee shall represent the County and the District. The Executive Committee shall meet as necessary, and in accordance with the objectives of Section 14, but at least once every six months. The Executive Committee shall make recommendations to the Parties toward accomplishment of the objectives of this Agreement; approve budget recommendations to the Parties for capital outlay, operation and maintenance, contract administration; provide communications among the Parties; evaluate policy options; develop strategy; implement decisions; and monitor performance. The Executive Committee may appoint subcommittees as needed. - 7 - Section 6. Phased Implementation Program. The Phased Implementation Program incorporated in Exhibit A is adopted by the Parties. The Phased Implementation Plan shows the construction of Unit I of the Sediment Control Facilities as first priority work to be initiated within eighteen months from the signing of this Agreement. Unit II of the Sediment Control Facilities is shown as work to be carried out over several years following completion of Unit I. The Executive Committee will review the Phased Implementation Program each year. The Phased Implementation Program shall be adjusted as necessary to reflect progress made in implementation, availability of funding, and the funding requirements for maintenance work; however, in any event it is the Parties' objective that the construction of both units of the Sediment Control Facilities shall be completed within ten years after its original approval. Section 7. Financing for the Construction and Maintenance of Units I and II. (a) Unit I. It is agreed that upon execution of this Agreement each Party will fund in its 1984-1985 fiscal year budget or otherwise make available in the 1983-1984 or 1984-1985 fiscal year its apportionment of the construction of Unit I as set forth in Section 8 and deposit its apportionment by October 1, 1984 with the Party administering the project. (b) Unit H. It is agreed that the budgeting and depositing of funds for the construction of Unit II will take place through the routine annual process described in Section 14. The Parties agree to undertake in good faith to finance their apportionments for the construction of Unit II as set forth in Section 9. The final determination as to the availability of funds shall be in the sole determination of.the Party in question. WM (c) Maintenance. It is agreed that the budgeting and depositing of funds for the maintenance of Unit I and Unit II will take place as described in Section 14 and in accordance with the apportionments set forth in Section 10. The final determination as to the availability of funds shall be in the sole determination of the Party in question. Section 8. Distribution of Costs for Construction of Unit I of the Sediment Control Facilities. The Parties agree that the cost of constructing Unit I of the Sediment Control Facilities will be apportioned as follows and that the cost of construction includes all the costs for project documents, administration, engineering, approvals, rights of way, and inspections: Party Apportionment State $2,662,000 The Irvine Company 623,325 Newport Beach 124,310 District 118,990 Irvine 11,170 County 7,992 Total $3,547,787 Should the funds available for Unit I from State within eighteen months of the signing of this Agreement be less than $2,662,000 as shown above, Unit I will be reduced in scope to meet the available funds and the Local Funds contribution for Unit I will be reduced proportionately and a new exhibit to be called Exhibit B showing the new scope, costs, and schedules of Unit I and Unit II, will be developed immediately by State and submitted for - 9 - approval by each of the Parties. When approved by all of the Parties, Exhibit B will be attached to this Agreement and replace, for the purposes of this Agreement, Exhibit A. Should portions of the State funds identified in this Section be made available at different times, Unit I may be ' subdivided into more than one project and each of the Parties will pay their share in the same proportion as shown above. Section 9. Distribution of Costs for Construction of Unit II of the Sediment Control Facilities. The Parties agree that the cost of constructing Unit II of the Sediment Control Facilities, to the extent they are not covered by Federal funds, will be apportioned as follows: Party Percentage State 75.00 The Irvine Company 17.58 Newport Beach 3.51 District 3.36 County 0.23 Irvine 0.32 100.00 It is understood that State funds include all State appropriations or grants. Section 10. Distribution of Costs for Maintenance of Unit I and Unit II. The Parties agree that the cost for maintaining Units I and II, to the extent that they are not covered by Federal funds, will be apportioned as follows: - 10 - Party Percentage State 75.00 The Irvine Company 17.58 Newport Beach 3.51 District 3.36 County 0.23 Irvine 0.32 100.00 Section 11. Adjustment of Apportionments. The percentages set forth in Section 9 and Section 10 may be adjusted by unanimous vote of the Parties. Any Party requesting an adjustment must submit information supporting the need to reapportion the distribution of costs set forth in Section 9 and Section 10 based on new information being provided or change of conditions. It is agreed that adjustments in the type and extent of land use and jurisdictional boundary changes will be among the bases for the adjustment of percentages in Section 9 and Section 10. Section 12. Reimbursement of Party's Advances. An advance contribution of $8,680.26 has been made by The Irvine Company to facilitate hiring experts to assist the State in developing Exhibit A. These funds are to be credited to The Irvine Company's share of the first project to be built. Should additional advances be proposed by any Party and approved by the Executive Committee they will be credited to the contributing Party's contribution for the next project. Section 13. Contract Administration. The following applies to contract administration for construction or operation and maintenance of projects: (a) The Executive Committee will designate one of the public agency Parties to administer the project or projects approved. Administering a project includes arranging for the preparation of project documents including but not limited to soils analyses, surveys, plans, specifications, bid documents, approvals, rights of way, development of agreements between the Parties as required, collecting and disburting funds and other administrative functions normally associated with public works projects. The cost of project documents is eligible for financing under this agreement provided that such costs are in the approved Executive Committee budget. All Parties will be consulted in the development of project documents. When bids have been opened, if the lowest responsible bids for the projects exceed the amount budgeted, the public agency Party administering the projects will not award contracts without deposit of the necessary additional local funds by each Party in proportion to its percentage. Should all such deposits not materialize the administering public agency Party may with the approval of the Executive Committee proceed with a contract at a reduced level, may arrange for other Parties to voluntarily contribute the deficiency, or may terminate the project. (b) Prior to advertising any contract for construction or maintenance of Sediment Control Facilities, the public agency Party administering the project will enter into agreements as required and collect the contributions from the other Parties. State will accomplish the advance of its share through a joint powers agreement with the public agency Party administering the project. State procedures prevent such a transfer of funds to private parties. (c) Upon completion and acceptance of each contract the public agency Party administering the contract will render a final accounting. If - 12 - the cost is less than the amount on deposit, the Party will issue a refund to the other Parties on a pro rata basis in relation to their original contribution. (d) The public agency Party administering the project will maintain complete and accurate records for the term of the project and three years thereafter and make them available to any of the other Parties for audit. The Party's necessary and reasonable administrative costs for administration of the project shall be reimbursable under this Agreement and shall be budgeted as part of the project costs. Section 14. Budgeting. The following provides the objectives for the annual budgeting for construction of Unit II and operation and/or maintenance: By March 1, or as soon thereafter as possible, State will identify a project or projects to be implemented (capital outlay or operation and maintenance) in the fiscal year commencing approximately sixteen (16) months later and for the year thereafter based upon the Phased Implementation Program. State will present an analysis of funding requirements to*the Executive Committee including the estimated cost of the proposed projects for both years, estimated grant funding, estimated funding to be provided by the Parties, and estimated contributions of the Parties. By April 1, or as soon thereafter as possible, State will request a budget meeting of the Executive Committee and present a budget recommendation. Adoption of the budget will require the unanimous approval of the Executive Committee. The Executive Committee will recommend the budget to the Parties and designate a Party(ies) to administer the project(s) for both fiscal years. - 13 - By August 1, upon approval of the budget by the Executive Committee, State will present a statement to each Party indicating the Party's contribution toward funding the project budget for the following fiscal year. By October 1 of the fiscal year in which construction is proposed, the Party administering the project will collect from each Party its share of the cost of the project. Payment of any Party to the Party administering any project shall be subject to the provisions of Section 7. Section 15. State, Grant and Other Financial Support. State will be the Lead Agency for State, grant and other financial support applications. The other Parties will support the lead agency's efforts in preparing applications and in encouraging favorable consideration of the applications by funding agencies at their own expense. It is contemplated by the Parties that substantial financial assistance in the construction, operation, and maintenance of approved Sediment Control Facilities will be forthcoming. Section 16. Term. The term of this Agreement shall commence upon approval and execution of this document by each and every Party and shall continue for so long as is necessary to carry out the purposes of this Agreement but not to exceed ten years from date signed. It may be extended beyond ten years upon written unanimous approval of the Parties. Section 17. Termination and Amendment. (a) This Agreement may be terminated or amended at any time by the unanimous consent of the Parties, or as.otherwise provided herein, - 14 - except that no termination or amendment may be made which is contrary to any contract and/or grant agreement entered into by Party(ies) for the purposes approved by the Executive Committee or with any other Department or branch of the State or with the United States of America or any other outside source of funds for the purpose of implementing this Agreement. (b) Subject to Section 17(a), the failure of the Executive Committee to adopt a budget as provided in Section 14 shall terminate this Agreement, unless the Executive Committee has concluded that no funds are needed in the ensuing Fiscal Year for capital outlay, operation and maintenance, and Administrative Costs. (c) This Agreement may be suspended for one or more years by Unanimous vote of the Executive Committee should any Party not be able to contribute its share of the funds and if the other Parties do not wish to assume the unmet contribution. At the time any suspension is agreed to, the length of time of the suspension will also be agreed to and the Executive Committee shall be responsible for reinitiating its functions as described herein following the suspension period. Section 18. Additional Parties. Additional entities may become parties to this Agreement with the unanimous consent of the Parties. Section 19. Liability. It is mutually understood and agreed that merely by virtue of entering this Agreement each Party neither relinquishes liability for its own actions nor assumes liability for the actions of the other Parties. It is the intent of the Parties that the liability, if any, of each Party shall remain the same while this Agreement is in force as it would be without the Agreement. This Agreement represents - 15 - a cooperative effort to accomplish the construction of an important public project. It is based upon compromise taking into account the benefits to and interests and responsibilities of the Parties. Neither the Agreement itself, nor any provision herein, shall constitute an admission or be used by any person as evidence of liability of any kind against any of the Parties. The public agency Parties designated to administer the projects will require each and every contractor involved with the project to obtain and to maintain throughout the term of their contract, the following insurance policies: 1. Comprehensive General' Liability including Completed Operations, Comprehensive Automobile Liability, and Contractual Liability . $1,000,000 Combined Single Limit 2. Workers' Compensation and Employers' Liability Statutory Limit Each insurance policy required by the contract shall contain the following three clauses: 1. "This insurance shall not be cancelled, limited in scope of coverage or non -renewed until after thirty (30) days written notice has been given to all Parties." 2. "It is agreed that any insurance maintained by the Parties will apply in excess of, and not contribute with, insurance provided by this policy." - 16 - ` 3. "As respects operation of the named insured performed on behalf of the Parties, the following are added as insureds: State of California Department of Fish and Game, County of Orange, Orange County Harbors, Beaches and Parks District, City of Newport Beach, City of Irvine, and The Irvine Company." The Party administering shall have the contractor agree to deposit with them, at or before the effective date of the contract, certificates of insurance necessary to satisfy the insurance provisions, and to keep such insurance and certificates therefor on deposit with Party during the entire term of the contract. Section 20. Availability of Funds. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment or, money in excess of appropriations authorized by law. Section 21. National Labor Relations Board Certification. In signing this agreement, each Party certifies under penalty of perjury that no, or that no more than one final unappealable finding of contempt of court by a Federal court has been issued against that Party within the immediately preceding two-year period because of the Party's failure to comply with an order of a Federal court which orders the Party to comply with an order of the National Labor Relations Board. Section 22. Nondiscrimination. During the performance of this Agreement, the Parties shall not unlawfully discriminate against any - 17 - employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. The Parties shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 1285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Parties shall give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other agreement. The Parties designated to administer the projects shall include the non-discrimination and compliance provisions of this section in all contracts to perform work related to the project. - 18 - IN WITNESS WHEREOF, the Parties hereto bhave executed y certify th-,.lt a'l othis ns for xemption ser forth in Sic re r. -..i .'ire• A:-:-:uci :at;on 120'9 have Agreement the day and year first above written. b view mpihi ;a D With imenijio7Ss danceent is exempt from STATE OF CALIFORNIA Dated: 'JUN 2 81984 1984 By CITY OF NEWPORT BEACH Dated: "/ (/ ,1984 By 16:2� I Aty C e 4r CITY OF IRVINE Dated: -Q-- ,1984 ATTEST: C i ty CA 1 exv, APPRO D AS TO FORM: i t ttor ey o ewport eac BY ayor � n APPROVED/AS/TU t UKm: hey pif irvi ne EORM _J Ices Uepai"t1;1en;. of APP iC-� V E.0 AuG 10198 ORIGINAL SIGNED By Ei.17_AM-TH-'Y05T Chief 'W", Dircrhor - 19 - COUNTY OF ORANGE and ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT Dated: ,1984 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA Dr. ROBERTS Clerk of the Board of Supervisors of Orange County, California THE IRVINE COMPANY Dated: �— �g ,1984 APPROVED AS TO FORM: 's Attorney he Irvine Com s Lnairman oT the boara OT Supervisors �&q 0-•• - 13 7 d -'-fix '�- - 2 - ?,/ APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By - 20 - Exhibit "A" Upper Newport Bay Sediment Control Facilities This Exhibit identifies the Sediment Control Facilities (Table 1) to be constructed as part of the Upper Newport Bay Enhancement Program (Figure 1). These facilities are designed to localize the deposition of fine sediments delivered from San Diego Creek. At the same time they will provide benefits to the fish and wildlife resources of the Upper Newport Bay Ecological Reserve. The construction of the Sediment Control Facilities is phased in two units (Tables 2 and 3). Implementation of both units will be required to provide efficient sediment capture and protect the wildlife values =` of the Bay. Following construction of Units I and II periodic maintenance will be required to maintain the efficiency of the system. Maintenance operations will be instituted when the average invert elevation of either the saltworks basin or the "Narrows" channel reach -1.0 MLLW (-4.0 MSL). This elevation has been selected as the trigger for initiating maintenance operations to insure the preservation of fish and wildlife values associated with lower intertidal and subtidal elevations. At this elevation, the saltworks basin will have a capacity of 150,000 cu. yds. while the "Narrows" channel will have a capacity of 130,000 cu. yds. _ Maintenance dredging may not be required more often than once every five years. This is an estimate based upon projections contained in the 208 Sediment Source and Delivery Analysis prepared by Boyle Engineering. With installation of three additional upstream facilities the Boyle report indicates that approximately 50,000 cu. yds. of sediment will be delivered to the bay on an average annual basis. If the in -bay facilities were 100% effective, maintenance would be required every five years. Boyle though has calculated that the saltworks basin is only 30% effective indicating that maintenance would not be required more frequently than once every 7 to 10 years. Periodic maintenance based upon the criteria outlined above may require the removal of approximately 250,000 cu. yds. of material. Based upon 1984 cost estimated for hydraulic dredging and ocean disposal ($7.50/cu. yd.), this would require the expenditure.of approximately $1,875,000. , Figure 3 provides a phased implementation schedule for construction and maintenance of the Sediment Control Facilities. Q '1 Table 1 UNBER Sediment Management/Enhancement Project; Quantity and Cost Estimates* Element Cubic Yards Rate Cost A. Saltworks Improvements A-1 Island Removal 41,000 $3.50 $ 143,000 A-2 Deepen basin to -4.0 MLLW 330,000 $5.00 $1,650,000 A-3 35+ acre expansion 290,000 $4.00 $1,162,000 661,000 $2,955,000 B. Channel widening saltworks -- - main dike; 500 feet wide to -0.0 XLLW 100,000 $5.00 $ 500,000 C. Subtidal Channel Main Dike - Narrows: 500 feet wide to _ -4.0 MLLW+ 330,000 $7.50 $2,475,000 D. Remove 1,000 foot section of main dike 26.,000 $5.00 $ 130,000 E. Down -bay dredging to provide dredge access+ 50,000 $7.50 $ 375,000 Project Totals 1,167,000 $6,435,000 *Costs based on 1984 estimates +Yardage estimate may change following survey 0 U2 > w > t to H H r q 5 0 cu 4L) 0 E5 C.) E- —4 0 0 Is\ 4-3 C4 cc 0 U2 > w > t to H H r q 5 0 cu 4L) 0 E5 C.) ul —4 0 0 Is\ 4-3 C4 cc 13 rz -4) 43 Cd 4-) 4-) CD CNJ E! 9 cc 4-1 0 r-4 (L) 'L V 0 0 4-1 C: 4-3 43 tw H 0. 1-4 4-3 co D -C4 r= cc 4J C o -0 0 M - m 0 0 0 Cd $4 4J 4-3 0 0 U2 > w > t to H H r q 5 0 cu 4L) 0 E5 C.) ul —4 0 0 Is\ C4 cc 13 rz -4) 4-) 4-) CD CNJ E! 9 cc 4-1 0 r-4 (L) 'L V 0 0 4-1 C: 4-3 14 tw H 0. 1-4 cc co D -C4 r= cc 4J C o -0 0 M - m 0 0 Z O ro cz - 0 E at > w > t to H H r q 'a 0) cu 4L) 0 E5 C.) ul —4 0 0 Is\ C4 cc y S Table 2 Unit I Upper Newport Bay Sediment Control Facilities* Element Cubic Yards A. Saltworks Improvements A-1 Island Removal 41,000 A-2 Deepen basin to -4.0 MLLW 330,000 A-3 35+ acre expansion 290,000 661,000 C. Subtidal Channel -.main dike to the Narrows and down bay .dredging required for equipment access 79,000 Total 740,000 *Costs based on 1984 estimates 11 Rate Cost $3.50 $ 143,000 $5.00 $1,650,000- $4.00 $1_,162,000 $2,955,000 $ 592,787 $3,547,787 r, " Table 3 ` Unit II Upper Newport Bay Sediment Control Facilities* Element Cubic Yards Cost B. Widen channel between saltworks 100,000 $ 500,000 and main dike C. Complete subtidal cannel main dike - Narrows 251,000 $1,882,500 D. Main dike removal 26,000 $ 130,000 E. Down bay dredging to provide dredge access as necessary 50,000 $ 375,000 Total 427,000 $2,887,500 *Costs based on 1984 estimates T• iCost and yardage estimate depends upon amount of material removed in Unit I 2Cost and yardage may vary depending upon hydrographic survey and material removed as part of Unit I LLS GO O 4+ a -O V4- 41 co 41 ani PW r . M wipe U) ! z H W P F O O Q 11 O N O O O N m 0% OO ON n ON ON %0 O% t0 O� L'1 ON I cn -- \ N O O clt_ 'O Go M co c c co H A CJ CO G b4 G Lei OD t0 Gc •�+ Od b ra aca co c co co 'O M H H 00 v CJ G b4 G Lei '� Gc •�+ Gc b ra aca 0 0 � t:3 � k• 01 - �-0-�) COOPERATIVE AGREEMENT SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED THIS AGREEMENT is made and entered into this 30th day of September , 1983, by and between the County of Orange, the City of Irvine, the City of Newport Beach, the California Department of Fish and Game and The Irvine Company. W I T N E S S E T H WHEREAS, the Cities of Newport Beach and Irvine have entered into a cooperative agreement with the Southern California Association of Governments for the development of a Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek basin, hereafter referred to as "the Plan"; and, WHEREAS, the Plan is nearing completion; and, WHEREAS, the primary purpose of the Plan is to reduce sedimentation of Newport Bay; and, WHEREAS, the sediment affecting Newport Bay originates in natural open space lands as well as lands disturbed by man for agricultural and urban uses; and, WHEREAS, if sedimentation of Newport Bay is not controlled, the State- owned ecological preserve in upper Newport Bay may continue to be degraded and large amount of sediment may be deposited in lower Newport Bay, thus impairing the valuable small boat, commercial and recreational land uses; and, WHEREAS, Land Management Practices are being implemented as recommended in the Plan and should reduce erosion of agricultural lands and construction sites resulting in reduction of sediment deposits in upper Newport Bay; and, WHEREAS, the Cities of Irvine and Newport Beach in their agreement with SCAG have agreed to assist SCAG in obtaining implementation commitments; and, WHEREAS, the California Department of Fish and Game is charged with the responsibility of maintaining the ecological preserve in upper Newport Bay; and 1 of 5 WHEREAS; the County of Orange has jurisdiction over construction activities in the unincorporated area of the San Diego Creek basin and is responsible for maintaining the dedicated portions of the major flood control channels; and, WHEREAS, the Cities of Irvine and Newport Beach have jurisdiction over construction activities within most of the incorporated area of the San Diego Creek basin; and, WHEREAS, The Irvine Company is the owner of most of the agricultural lands and owns most of the land upon which future construction activities will occur and owns the lands on which the majority of the drainage channels in the San Diego Creek watershed are located; and, WHEREAS, the parties have limited resources with which to address the implementation of the Comprehensive Storm Water Sedimentation Control Plan and it is recognized that any effective implementation of the Plan will depend upon availability of funding sources at the regional, state and federal levels; and, WHEREAS, it is desirable to provide a forum of interested parties to evaluate and assess progress toward implementation of the Plan; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: Section 1. Purpose. This Agreement is entered into for the purpose of providing a forum to evaluate and assess progress toward implementing the Comprehensive Storm Water Sedimentation Control Plan prepared for SCAG by the Cities of Irvine and Newport Beach under the Federal 208 Water Quality Planning Program, to formulate project implementing agreements for the elements of the Plan, and to evaluate and assess the effectiveness of the various elements of the Plan. Section 2. Additional. Parties. It is recognized that there are other parties within the watershed that have responsibilities for controlling sediment. These parties include the Cities of Costa Mesa, Orange, Santa Ana, and Tustin, the U. S. Department of Defense, and owners of large undeveloped parcels of land. In order to expedite implementation of this Agreement, these other parties have not been included. However, the parties hereto agree to request these other 2of5 parties to implement the Land Management Practices recommended in the Plan and in addition, one or more of these other parties may be requested to participate in future project implementing agreements. Section 3. Amendment. This Agreement may be amended only with the unanimous approval of all parties. Section 4. Executive Committee. Each of the parties shall appoint a member and an alternate to an Executive Committee. The members so appointed shall elect a chairman to serve a two-year term. The Committee shall meet from time to time upon the request of the chairman, but at least every six months. The Executive Committee shall be responsible for reviewing and reporting to the parties as to whether adequate and reasonable progress is being made in the implementation of the Plan. Section 5. The plan consists of the following elements and schedules: Elements A. Improve agricultural land management practices High erosion areas Remaining areas B. Improve construction Land management practices C. Install and maintain in -channel basins D. Install and maintain basins in Upper Newport Bay E. Channel Stabilization Undeveloped areas: As condition of development Dedicated channels: Inventory of deficiencies Stabilization F. Foothill basins Incorporation into drainage master plan Construction G. Monitoring Cooperative agreement Bay monitoring Develop program Implement 3 of 5 Schedule Complete RCPs by 11/83 Implement by 11/84 Complete RCPs. by 11/84 Implement by 11/85 Grading Ord. Changes: By 9/84 Training Programs: Begin 1/84 Implementing Agreement: 7/84 Construction of Basins: Begin 5/85 Complete by 1988. Implementing Agreement: 7/84 Construction of Basins: Begin 5/85 Complete by 1990 1/84 7/84 Begin 7/84 Complete 1988 As part of plan development Concurrent with stabilization of downstream channels 7/84 1/84 7/84 The parties hereto agree to use their best efforts to formulate agreements to implement the Pian. Section 6. Improve agricultural and construction land management practices. The Cities of Irvine and Newport Beach and the County of Orange shall consider adoption of programs and/or enforcement of ordinances within each agency's jurisdiction sufficient to implement Elements A and B of the Plan. The intent of these efforts shall be to require use of the most cost effective measures for the management of sediment that is consistent with preservation of upper Newport Bay, as set forth in the Plan. Section 7. Project Implementation Agreements. Implementation of the Plan elements shall be accomplished through Project Implementation Agreements. These Agreements shall designate a lead agency an.d shall provide for funding the anticipated construction and maintenance costs. The parties to this Agreement as well as other parties in the watershed may be participants in these Project Implementation Agreements. Section 8. Termination. The term of this Agreement shall commence upon the date when all parties have executed this document and shall continue until three or more of the parties have withdraw n as provided in Section 10 below. In addition, this Agreement shall automatically terminate if after three years the Project Implementation Agreements for Plan Elements C and D have not been executed. If this Agreement is terminated, then the parties hereto agree to consider the formation or designation of an agency to attempt to carry out the implementation of the Plan Elements set forth in Section 5. Section 9. Grants. All parties shall use'their best efforts to aid the lead agencies designated in Project Implementation Agreements to obtain grants to fund construction and maintenance of the various projects. . Section 10. Withdrawal of Parties. Any of the parties to this Agree- ment may withdraw by giving written notice of withdrawal to the other parties to this Agreement. The withdrawing party shall be responsible for financial obligations hereunder only to the extent incurred and agreed to by the party prior to the effective date of withdrawal. The balance of the parties shall continue in the performance of the terms and conditions of this Agreement unless and until the Agreement is terminated as provided in Section 8 above. 4of5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF ORANGE, a political subdivision of the State of California Dated:41�.Mj,-CA) 13—, 1983 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD o C-1 Cthrk of the Board of Supervisors of Orange County, California CITY OF IRVINE Dated: aI , 1983 ATTEST: ty CjfiK CITY OF NEWPORT BEACH 9bairman of their Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By CLL -8 ✓. 6, By cc Mayor APPROVED,AS( TV FORM: tjorney of/Irvine / • rx— ATTEST:"•'1 11 AS 1FORM: mil---rA4 6&vma City Clerk Cit� Attorney of 1!6 Beach CALIFORNIA DEPARTMENT OF FISH AND GAME Dated:- SCS 1983 THE IRVINE COMPANY Dated: A„Ql,st 23 , 1983 ' orne I vi ne• •. By Director By � P esident By 5of5 Senior Vice President NJ .\ n A G R E E M E N T THIS AGREEMENT is made and entered into thisc4 day of tr��c 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, S hereinafter referred to as "NEWPORT BEACH," and the CITY OF IRVINE, a municipal corporation, hereinafter referred to as "IRVINE." W I T N E S S E T H: WHEREAS, NEWPORT BEACH and IRVINE have entered into a Cooperative Agreement with the SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SLAG) to render certain professional and technical services in regards to the San Diego Creek Storm Flow Sedimenta- tion and Control Plan as described in Attachment "1" to the Cooperative Agreement between SCAG and NEWPORT BEACH and IRVINE; and WHEREAS, said Cooperative Agreement provides that the work will be performed jointly by Newport Beach and Irvine; and WHEREAS, in an effort to coordinate the work between NEWPORT BEACH and IRVINE, it has been determined that it will be to the mutual benefit of both NEWPORT BEACH and IRVINE to set forth their respective rights, obligations and duties under said Cooperative Agreement, NOW, `['HEREFORE, IT IS HEREBY AGREED as follows: 1. NEWPORT BEACH and IRVINE shall: A. Provide "in-kind" contributions as required in the SCAG Cooperative Agreement in amounts of equal value. Each party shall maintain records of its "in-kind" contributions as' required by said Cooperative Agreement. B. Jointly select all consultants to be employed under this Agreement and the Cooperative Agreement. Each party agrees to enter into one or more contracts with consultant(s) consistent herewith. C. Jointly review the work prepared by the consultant(s), on an ongoing basis, and in compliance with the Cooperative Agreement. Should any disputes arise regarding review of the work prepared by the consultant(s), both Page 2 parties shall meet and resolve disputes on a mutually agreeble basis. ?. NEWPORT BEACH shall: A. Receive and retain all funds disbursed by SCAG pursuant to said Cooperative Agreement and make disbursements to the contractor(s) as tasks are performed, deemed satisfactory by both parties, and accepted by both parties. A determination of satisfactory completion of tasks shall be approved in writing by each party and submitted to the Newport Beach Planning staff member, as designated by NEWPORT BEACH, for processing payments to contractor. B. Furnish IRVINE with copies of all receipts by NEWPORT BEACH and disbursements by NEWPORT BEACH under this Agreement. C. Be primarily in charge of contract administra- tion, but will consult with IRVINE on all contract administration matters prior to making determinations on contract administration. D. Review each document presented by contractor(s) under this Agreement to determine whether the work product is acceptable to both IRVINE and NEWPORT BEACH, and shall obtain the written Page 3 approval of IRVINE as to such work product Prior to such determination. If the work prod- uct is acceptable, provide written acceptance as provided in subparagraph 2A above. If not acceptable, review the matter with IRVINE and consultant(s) to determine what additional work or modifications of work are needed to make the work product mutually acceptable. E. Indemnify and hold harmless IRVINE and its officers and employees from any damage or liability arising from any errors, omissions, failure to provide "in-kind" contributions, or negligence in IRVINE"s performance of this Agreement. 3. IRVINE shall: A. Review each document presented by contractor(s) under this Agreement to determine whether the work product is acceptable. If the work prod- uct is acceptable, provide written acceptance as provided in subparagraph 2A above. If not acceptable, review the matter with NEWPORT BEACH and consultant(s) to determine what additional work or modifications of work are Page 4 needed to make the work product mutually acceptable. B. Indemnify and hold harmless NEWPORT BEACH. and its officers and employees from any damage or liability arising from any errors, omissions, failure to provide"in-kind" contributions, or negligence in NEWPORT BEACH'S performance of this Agreement. 4. The term of this Agreement shall run coterminously with the Cooperative Agreement between SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS and CITY OF NEWPORT BEACH and CITY OF IRVINE. This Agreement may be terminated only upon the conditions as set forth in the Cooperative Agreement between SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS and CITY OF NEWPORT BEACH and CITY OF IRVINE, as referenced above. EXECUTED the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation z Page 5 ATTEST: City Clerky APPROVED AS TO ty �torney ATTEST: itv ark APPROVED AS TO FORM: City /Attorhey CITY OF IRVINE A Municipal Corporation By Mayor Page 6 COOPERATIVE AGREEMENT BETth'EEN SOUTHERN CALIFORNIA ASSOCIATION OF GOVE Q,I�MPAITS AND CITY Or P1E10ORT BEACH AND CITY OF I.R,'IiIE THIS AGR'EEXEEN > entered into as of this P& day of Uc.+0�4-qp , 19 0 by the City of Newport Beach and the City of Irvine herein called the Agency; and the Southern California Association of Governments (herein called SCAG), which agreement does hereby incorporate by reference the contract(s) between SCAG and the United States o f America whereby this project is funded, WITNESSETH; THAT: 4;HEREAS, SCAG desires to engage the Agency to rer -'leer certain technical or pro- fessional services hereafter described in connection with an undertaking which is to be financed in part by she Ervircn:ient^l PrctLection Agency: NE IT;IER the United States nor the Environmental Protection Agency is a party to this contract. NO}s' THEREFORE: The parties hereto ,do mutually agree as fol 1 ours : I. Er:ploy���ent of Agency. SCAG her agrees to engage the Agency and the Agency hereby agrees to perfo —m :`'e services hereinafter set forth in this contract. 2. Incorporation o. Federal Guidelines. The terms of all relevant- Federal elevantFederal and State grant provisions and guidelines, as preseTitly -,rritten or as changed during the life of this agreement, bearing on this agreement are hereby wholly incorporated by reference herein and made a hart of this agreemient and take precedence over any inconsistent terms of this agreernent . 3. Sco_oe of Services. The Agency shall do, perfo and carry out, in a satSactory and piper manner, as determined by SChG, the services i;,dicated in Appendix This obligation shall be contingent upon the sinal ap-roval of such services by the Env ironm--2ntal Protection Agency In the event any amendments are necessary, they shall be rade in accordance with provision 17 of this Agreement. A Data to be Furnished to Agency, Where available at SCAG, all inforiflation, data, reports, records, and maps as are existing, available, and necessary for the carrying cut of the work shall be furnished to the agency without charge by SCAG. SCAG shall cooperate with the Aeency in eye way possi5le in the carrying out the services set forth in this a;ree;'ert. all 5. Submission of Reports a. All reports specified in Appendix A.II must` be submitted to the SCAG 208 Program Manager for review by SCAG. b. No final copy shall be prepared in farm for publication prior to approval by SCAG. c. Manuscripts produced by the Agency or SCAG shall be in accordance with the United States Government Printing Office's t Manual (available through the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402). The Agency, in typing the final manuscript, shall be responsible for all corrections prior to acceptance of the final manuscript. Proper credit will be given to sources through commonly accepted methods of documentation such as footnotes or other means. The Agency shall furnish a list of material referred to in the preparation of reports. The authority on spelling and usage of words shall be Webster's Third New International Dictionary Unabridqed. d. Progress reports (per attached format) including verbal presentations shall be provided to SCAG on a monthly basis. The SCAG ';08 Program f{,anagcr shall sit the time and place for t��ese mEetings, as described in the special provisions to this contract. Based upon the statement of progress provided to SCAG any findings made by the SCAG program manager indicating deviation from the Scope of Services (Appendix A) shall be outlined and given to the Agency at the meeting for remedy. e. Task outputs are deemed acceptable under the terms of this cooperative agreement when submitted and approved by SCAG. Agency shall be notified by SCAG of acceptance of the task outputs at the time of the progress meeting. Unless otherwise advised in writing the Agency shall continue work in accordance with schedule as contained in the Scope of Services (Appendix A). Final approval of the task outputs shall be provided in writing by SCAG. 6. Personnel. a. The Agency represents that he has, or shall secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any con- tractual relationship with SCAG. b. All of the services required hereunder shall be performed by the Agency or under- its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perforrrr such services. c. All personnel identified in Appendix A, I. to be listed by Agency at time of agreement exer_ution, shall not be replaced by any other persons except with the written notification of SCAG. -2- Evaluation, Selection and Approval of Third Party Contract a. SCAG shall be permitted participation in the evaluation and selection of any Third Party contractors, or any other Agency sub -contract proposals, which are solicited to carry -out task assignments, or any portion thereof, as approved herein, and specified in Appendix A (Score of llork). None of the work or services covered by this agreement shall be sub -contracted without the prior approval of SCAG and the appropriate funding agency (as may be required). b. The Agency shall prepare a Request For Proposal (hereinafter referred to as RFP) for review by SCAG before distribution of the RFP by the Agency to prospective consultant firms, individuals, or other entities. c. RFP's shall be sent to at least three (3) prospective clients. Minority-owned consultant firms should have maximum opportunity to compete for Agency sub -contracts. d. Evaluation of Proposals by Agency shall be conducted in accordance with a Selection Criteria format, as approved by SCAG. e. Sole Source contract arrangement will be evaluated and approved by SCAG, subject to any special provisions attached hereto. f. Agency shall prepare the appropriate federal Price Analysis ferns (EPA 5700-1) (copy attached) and make this sub -contract cost alloca- tion and burden rate documentation a part of the proposed contract submitted to SCAG for review and approval. g. Agency shall submit with the proposed contract documentation the RFP process and criteria used for selection of the consultant (sub -contractor) firm, individual or entity. h. The Participant shall comply with Federal Office of !ianage- rent and Budget Circular A-102 "Uniform Administrative Requirements for Grants -In -Aid to State and Local Governments" Attachment 0, "Standards Governing State and Local Grantee Procurement", the Federal Highway Administration Contract Directive FHPM 1-7-2, and other applicable federal directives in establishing procedures for the procure..-ent of services, sipplies or equipment. 2. Time of Performance. The services of the Agency are to commence cS SOCn as practicable after the execution Of the agrement and small be ,:ndertaken and completed in such sequence as to assure its expeditious coc,pletion in light of the purposes of this agreement, but in any event all of the services required herein shall be completed not later than September 30, 1922. Co,-,,,�)ensation. SCAG agrees to pay the Agency an am,-.unt not to xr�er �317,Li00 for thQ above services. It is expressly and{erstco.i and agreed that said sum constitutes the "maximum" compensation for the services required in Appendix A. -3- 10. iMet'iod of Pa '-lent Reiwbur se lent Requi remner ' l -�; r g - -- � --- � --1—_— n_�s_, i n per, or.•,� �3 �i-�� tad=s se; forth i n Appendix A, I I . , Work Tas�:s to be l,ccamal i shed, the Agency may incur costs set forth by work tasks in the budget attached hereto, labeled Appendix A,III, Budget, and incorporated herein by this reference. Said costs (hereinafter referred to as eligible costs) shall be the only costs for which Agency shall have the right to reimbursement by SCAG hereunder. Agency may incur said eligible costs up to a maximum of $217,00o. Payment shall be made according to the following: a. The participant shall submit to SCAG, attention Finance Officer, a Request for Payment and Progress Report in narrative format not later than 15 days following the end of each calendar quarter. The participant has the option to submit a monthly Request for Payment. A full narrative Progress Report must accompany the Request for Payment. In addition, a monthly Progress Report will be submitted per paragraph 5d. b. Pursuant to Federal Management Circular 74-4, Attachment A, Agency shall prepare and submit to SCAG for approval prior to the first requisition for payment a plan for the allocation of costs which is required to support the distribution of indirect overhead related to the Scope of Services under this agreement. Such cost allocation plan, once approved by SCAG, will become attached to this agreement and shall be available for audit purposes. c. All costs charged to this agreement by Agency shall be supported by properly executed payrolls, time records, invoices, and vouchers, evidencing in proper detail the nature and propriety of the charges, and shall be costs allowable as determined by Federal i?anage- ment Circular 74-4 and Code of Federal Regulations, Title 41 (Public Contracts and Property Management) Part 1-15 Contract Cost Principles and Procedures, Subpart 1-15.7 Grants and Contracts with State and Local Governments. d. Agency shall establish and maintain a separate account within its existing accounting system specifically for and limited to all fiscal activities required to perform the services under this agreement. Agency's accounting system shall cc ply with the regulations and standards of the Cost Accounting Standards Board. Al accounting records shall readily provide a breakdown of costs charged to this contract. Such records, together with supporting documents, shall be kept separate from other documents and records shall be kept available for inspection by SCAG and other authorized agencies during the period of performance of the ac.rea ent , and for four years thereafter. e. In the event that any of the expenses for which SCAG re- imburses the Agency are later disallowed by the Environmental Protection Agency, pursuant to paragraph 31, Examination of Records/Audits, Agency expressly agrees to reimburse SCAG an amount equal to that disallowed. SCAG agrees to assert any appeal for a disallowed expense on behalf of Agency. IBM f. Agency is hereby expressly put on notice ;gat no employee of SCAG has authority to authorize in ►•cr i ti ng or o::herti'-; se any additional wark which ►•could increase the cost . of this agrees►ent w ; thout the written approval of the SCAG Executive Committee. g. As expeditiously as possible, SCAG shall pay Agency the re- imbursable portion of total eligible costs. Said reimbursable portion shall be calculated by subtracting "from the total eligible requisitioned costs 10% for project retention purposes." SCAG shall ray Agency the 100%, which has been withheld when the agreement has been ccmpleted to SCAG's satisfaction in accordance with the terms of the agreement, and upon requisition for final. payment. K The agency agrees to perform additional work in support of the 203 continuing planning program having a cost of not less than $165,000. Said costs shall not be reimbursable and shall constitute an in-kind contribution. The agency shall provide to SCAG within 30 calendar days following the execution of this agreement by both parties, a descrip- tion, budget, and schedule for the work to be perfor,ed as an in-kind contribution. All in-kind contributions shall meet the criteria set forth in the Federal Management Circular 74-7 Attachment F dated 9/13/74, and s`rall be consistent with the adopted FY 197900 O;dP for :he 208 Continuing Planning Program. Reports on progress of such work including both description of work completed and a statement of costs incurred shall be included as part of the progress reports required in section 10 of this agreement. 11. Hold Harmless. The Agency and SCAG agree to hold each other mutually harmless from and on account of any and all liability, whether property damage or personal injury, arising from each party's negligent perfo w-ance of this agreement. 12. Acceptance. Acceptance of the terms of this rgreemient shall be by the signing of this agreement in the space provided by the respective parties and their counsel. 13. Rebudgetinq of Funds. Pro; ;pt notification by ;agency and co,n- currance by SCAG of all rebudgeting in excess of $1,000 is required. Such notification may be accomplished by submission of a revised copy of the b..;deet fcr..s. Approval of minor adjustments to an apprcved budget is not re qui red. A minor adjustment ;ri 1 1 constitute reallocation of the dollar s,_71 of $1,000 or less. 14. Prohibiti_on_A ainst Contincent Fees. The Agency warrants that n Terson or coripany has Leen employed or retained to solicit or secure this contract upon an agreement or understanding for a co�-,i���ission, per- centage, brokerage, or contingent fee, excepting bona fide employees; nor has the Agency paid or agreed to pay any person, coTpany, corporation, ?ndividual or firm, other than a bona fide employee, any fee, coma -mission, rl ,�?On, don t?On, percentage, gift, or any other considn4tion, upon or resulting frOM Ward of this n- ne:lent. For any tr3a nh or violation of this provision, SCAG Gr the Environ; ental Protec- Dn ' ency shall have the right to tenni nate this Agreement without liabilit�� and, at his discretion, to deduct fro:-! t.!:e ;=, ree:.,er.t price, or Wheinv ise recover, the full amount of such fee, ca3mi ss i on, percentage, gift or consideration and any other damages, and shall be responsible for reporting the details of such breach or violation to the proper legal authorities, where and when appropriate. 15. Termination of Agreement for Cause. If, through any cause the Agency or SCAG shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Agency or SCAG violates any of the covenants, agreements, or stipulations of this agreement,, either party shall thereupon have the right to terminate this agreement by giving written notice to the Agency of such termination and specifying the effective data thereof. In that event, all finished or unfinished docu- ments, data, studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the Agency under this agreement shall, at the option of SCAG, become SCAG's property, and the Agency shall be entitled to receive just and equitable compensation for any satisfac- tory work completed on such documents and other materials. No such termination may be effected unless the agency is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminated party prior to terminai.ion. Notwithstanding the above, the Agency shall not be relieved of liability to SCAG for damages sustained by SCAG by virtue of any breach of the contract by the Agency, and SCAG may withhold any pa -,-rents to the Agency for the purpose of setoff until such time as the exact amount of damage ✓ due to SCAG from the Agency is determined. 16. Termination of Convenience of SCAG. SCAG ,;;ay terminate this agree, ent at any time by giving written notice to the Agency of such termination and specifying the effective date thereof. No such termina- tion may be effected unless the agency is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminated party prior to termination. In that event, all finished or unfinished documents and other materials as described in Appendix A, at the option of SCAG, become its property. If the agreement is terminated by SCAG as provided herein, the Agency shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Agency covered by this agreement less payments of compOsation previously made. Provided however, that if less than sixty (60) percent of the services covered by this agreement have been performed upon the effective date of such terFiination, the Agency shall be reimbursed (in addition to ohe above payment) for the portion of the actual out-of-pocket expenses (riot otherwise reimbursed under this agreement) incurred by the Agency during the agreement period which are directly attributable to the un- completed portion of the portion of the services covered by this agree - I f this contract is terminated due to the fault of the Agency, r:h 15 tiere�)f relative to termination shall apply. -6- 17. Agreement Changes. SCAG may, from time to tir:.e, require cha;iges i'1 h' sCO;e Of the services of the Agency to be perfor,, ed herein. Such changes, including any increase or decrease in the amount, of the Agency's compensation, which are mutually agreed upon by and beti•reen SCAG, the Environmental Protection Agency, and the Agency, shall be incorporated in written amendments to this agreement. No oral under- standing or agreement not incorporated herein shall be binding on any of the parties hereto. Amendments inconsistent with the provisions and intent of this Agreement may not be utilized. 18. Equal Employment OpportuniityNondiscrimination. a. In connection with the execution of this agreement, the Agency shall not discriminate directly or indirectly against any employee or applicant for emplo ��ent because of race, color, religion, sex, or national origin. The Agency shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fcrms of compensation; and selection of training. including apprentice- ship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the pro- visions of the Equal Opportunity clause. b. The Agency shall, in all solicitations or advertisements for e .ployees placed by or on behalf of the Agency, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Agency shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other agreement or understanding, a notice advising the labor union or r;orr;ers representative of the Agency's comiitments under this Equal Opportunity. clause, and shall post copies of the notice in a conspicuous place avail- able to employees and applicants for employment. - d. The Agency shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended and of the rules; regulations, and .relevant order of the Secretary of Labor. f. In the event of the Agency's non-coripliance with the Equal pity clause of this agreement or any of the said rules, regula- Vo. -,s, or orders, this agreement may be cancelled, terminated, or sus - 0d, in whole or in part, and the Sency may be declared ineligible for -7-, e. The Agency shall furnish all information and reports ru ;aired by Executive Order No. 11246 of September 24, 1965 as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records, and accounts by SCAG and the Secretary of Labor for purposes of investi- gation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Agency's non-coripliance with the Equal pity clause of this agreement or any of the said rules, regula- Vo. -,s, or orders, this agreement may be cancelled, terminated, or sus - 0d, in whole or in part, and the Sency may be declared ineligible for -7-, further goverrlile!lt co!ltracts in accordance with pru-educes authorized in Executive Order Pio. 11246 of September 24, 1965 as a,:,enc�ed, and such other not:,c.ns ,;im ,ay be posed and remedies involved as provided in Executive Order N'o. 112.46 of September 24, 1965 as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Agency shall incl ude the provisions rof unless aragraphs (by through (g) in every subcontract or purchase rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965 as amended, so that such provisions will be binding upon each subcontract or vendor. ��- respect The Agency shall take such action with respe.t to any subcontract or purchase order as SCAG may direct as a means of enforcing such tprraovis ot in ns, including sanctions for noncompliance. oPr�sithdreahen threatened litigation he event the Agency becomes with a subcontractor or vendor as a result of such direction by SCAG, the Agency may request the United States to enter into such litigation to protect the interests of the United States. 19. Affirmative Action for handicapped Workers a. The Agency will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any pto mployosition for which the employee or applicant for employment is qualified. The Agency agrees totake affirmativ? Gn icaactiond endivd- advance in employment and othendse seat qualified ppm uals without discrimination based upon their physical ormentalhandicap in all enpl oyment practices such as the pfollowing: layoff r�`}'tor �tearagnation, demotion or transfer, recruitment, advertising, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Agency agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (29 USC 706) c. In the event of the Agency's noncompliance with the require - me m s cf this clause, actions for noncompliance nay be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notifies in a form to be prescribed by the Director, provided by or through the Agency. Such notices shall stare the Agency's obligation under the law to take a firm ani'+'2 action t0 employ and advance in emp o lent qualified handicapped r-m,,1cyees and applicants for employment, and the rights o. applicants and e�:nloyees. e. The Agency will notify each labor union or representative of s •rith which it has a collective sbboundnbyg therte,rr.'�sVor of Seothon ,pct understanding, that the Agency --0- I 5C3 of the RehabiI itat ion Act of 1973, and is co:,':, ;tted to tali;e affirr a- tive act ion to Icy and advance in FempIoyment p1hysicaI ly arid mentally handic<apj%ed irid i vidu•1 s. f. The Agency will include the provisions of this clause in every subcontract or purchase order of $2,500 or ;.;ore unless exempt by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of Act, so that such provisions will be binding upon each subcontrac- tor or vendor. The Agency will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 20. Civil Rights. During the performance of Appendix A, Scope of Services of this agreement, the Agency shall co;-nply with Title 49, Code of Federal Regulations, Part 21, promulgated to effectuate Title VI of the Civil Rights Act of 1954, which is made a part of this agreement by reference. The act of filing a comr•plaint pursuant to paragraphs 13, 19 or 20 shall not of itself constitute a violation of this agreement, Only after the completion of any litigation regarding any complaint filed shall actions of this agreement be affected. 21. Political Activity. No portion of the fur:ds received by the Agency under thi s agreement shal 1 be used for any pol i tical activity or to further the election or defeat of any candidate for public office. 22. Prohibited Interest. During his tenure and for one year thereafter, no officer, memier, or employee of SCAG and no mo ber of a local governing body shall have any interest, direct or indirect, in this cr.ntract or the proceeds thereof. 23. r•ssicnability. The Agency shall not assicn aiy interest in this agreement, and shall not transfer any interest in the sane (whe'ther by assign,:�ent or innovation), without the prior written consent of SCAG. 24. interest of Agency. The Agency agrees that he presently has no interest and hall not acquire any interest, direct and indirect, which could conflict in any manner or degree with the of services required to be perfor,ed under this agreement. The ;-,gency further agrees that in the performance of this agreement no person having any such interest shall be employed. 25. Re sports i bi l ity for Cl aimsn ., l_i abi 1 i ty. The Agency shall save SC ;G, the environ nta1 pi_-otection 'agency, or zny governner,t agency from all claims and liability due to his neglige,it acts or the negligent acts r, of his subcontractors, agents, or emipioyees. 25_ Interest of Members of or Del_e_Qate_S tC_CC5�,reSS. No'ie'mber of or uel. eate to the Congress of the Unites States of America, and no Resident Co ,- issionz-_,r, shall be ad;ritted to any share or part o; this agree,-nent or `�, •nef; _ ari s ina therefrom. I 27. Disclosure of Information. SCAG has the rie,it to reveal infor- ..ation concerninghis project in comaliance With the rreedo r of Infor;na- tion Act, 5 USC 552. if the Agency desires that certain infon,ation not be disclosed to others, the Agency must insure that at the time the information is first received by SCAG it is accompanied by a clear and prominently written claim, consisting of a cover sheet, stamp, type of legend or other suitable form of notice on (or attached to) the docu,lent or other record containing the information, employing such language as "trade secret", "confidential," or "proprietary." Where only one or more portions of a submission are claimed to be entitled to nondisclosure, each such portion shall be identified. Information received by SCAG which is not accompanied by a claim in accordance with the above stated regula- tion may be made available to the public without prior notice to the Agency. 28. Identification of Documents. All reports, maps, and other documents completed as a part of this agreement, other than documents exclusively for internal use within SCAG, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block) containing the name of SCAG: The preparation of this report, map, document, etc. , was financed in part through a Planning Grant zR009200-01-0 from the United States Environmental Protection Agency, under the provisions of Section 203 of the Federal 1,%ater Pollution Control Act of 1972, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned., 29. Copyri olit. The Agency shall be free to copyright material developed under the agreement with the provision that the (name of funding agency) and SCAG reserve a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or other -mise use, and to authorize others to use, the work for government purposes. The Ager;cy is subject to the duties of agency relating to rights in data and copyrights as set forth in 40 CFR 30.530. If this agreement involves experimental research or demonstration work, the Agency is subject to the duties of agency relating to rights to inventions and patents contained in 40 CFR 30.515. 30. Notice of Assistance Regarding Patent and Co�yriehts Infringe- ----- ^r,t. The Agency agrees to report to SCI'•G, and na7.e of funding agency ro;:ptly and in reasonable written detail, each notice or claim of patent or ccpyri' ht in.ng,>ment based on the performance of this agree,:,eiit of , ich the Agency has knowledge. In the event of any claim or- suit against SCAG or Environ,rntal Protection Agency on account of any alleged patent cr cCpyri ht infringement arising out of the perfori. =nce of this agreement or out of the use of any supplies furnished or work or services perfor-med hereundier, the Agency agrees to furnish to SC. G and Environriental Protec- tion Agency, wh?n requested by SCAG and Environmientail Protection Agency W all evidence and information in possession of the agency pertaining to scch sui e cr clai-Ii. such evidence Gnd gni or,,,GL1ori sf,al l be , urni shed at the expense of SCAG and Environmental Protection Agency except where the Agency has agreed to indemnify SCAG and Environmental Protection Agency. 31. Audits. At any time during normal business hours, and as often as SCAG, Environmental Protection Agency, the Comptroller General of the United States or Department of Labor may deem necessary, the Agency small make available for examination all of its records with respect to all matters covered by this contract for purposes of audit, examination, or to make copies or transcripts of such records, including, but not limited to contracts, invoices, material, payrolls, personnel records, conditions 0-if employ:ient and other data relating to all matters covered by this agree- ment. Such records and access to facilities and premises shall be made available during the period of performance of this agreement, and for four years thereafter. The Participant shall comply with the Federal Office of Vianagement and Budget Circular A-102, "Uniform Administrative Requirements for Grants in Aid to State and Local Governments", Attachment P, "Audit Requirements," and direct the performance of an independent audit that encompasses the financial statements and compliance requirements pertaining to this agreement. The independent audit shall be perforaed by a licensed or certified public accountant. The audit shall be perfo oed in accordance with the General Ac- counting Offices 1) Standards for Audit of Govern���ental Organization, Programs, Activities and Functions", and 2) "Guidelines for Financial and Compliance Audits of Federally Assisted Programs". The independent audit shall encompass, when applicable, an examina- tion of subcontractor(s) financial state�ents to determine whether: a) financial operations are conducted properly, b) the financial statements are presented fairly; and c) the organization has complied with law's and regulations affecting the expenditure of Federal Funds. The cost of the independent audit shall be made a part of the charces to this agreement. l'he independent audit report shall be sjbmitted to SCAG not later than October 1, 1981. 32. Small and Minority Business Enterprise. In connection with the perfor-r ince of this agree„ent, elle ,r;ger,cy r> > 1 cooperate with SCAG in meeting its com i tri eats and goals \•,lth regard to the maximum utilization of small and minority business enterprises and will use its best efforts to insure that small and minority business enterprises shall have the r;"�:cticable opportunity to compete for subcontr"cct w'al'k under this agr: _.. Enz - 34. Disputes_. Except as otherwise provided in this agreement , any `e concern i:i• a uestion of fact ahs ung under this agreement N h ich Cis;�..•_�_ � n-..g q is net disposed of by mutual agreement shall be decided by a court of co;r!p=-t ent. jurisdiction. 35. Noncompliance. In addition to such other remedies as provided 1 w, i l i_he event Or noncompi i nce �f i th any grant COQ � i i l O l Or S OC+ 1C ty ofgreem:�nt this agree-cnt may be te,.iinated. -11- 35. Clean_ Air Act and Federal ter Pollution. _enc, nest co.: ply `_ —� Fe..e r a-1 nater Pollution to he Clean ;i r he �42 USC 1Qu? -) �n the '6'a ter EtCL (33 USC 1251). 37. Noti_ce. Any notice or notices required or pernitt.ed to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the follDwing addresses: Director of Programming and Evaluation Southern California Association of Governments 600 South Commonwealth Avenue., Suite 1000 Los Angeles, California 90005 -12- IN WITNESS W.-IIE-PEOF -the Southern California Association of Governments L and, the Agency have executed this agree -pent as of '�he date first above Written. Agency By rIf[lvaCG 10, TTY ArIORNEY By Southern California Association of Governments /,�' BY r_�2N'i%QAn E)ny-_Mayor W. 0. Ackermann, Jr. 4.V 7 m Director of Proqra.rin,,ning Evaluation tyl6),f Newport Beach Mayor APPRZOVED AS TO FORM it k") Daic!* C1 -YT QU FY City cis.rk e ATTEST: a Xnc Vy4 City of Irvine _ it! Citv - erk ATTEST-.. a APPROVED AS TO LEGA;.AND LEGAL ADEQUACY 06" C-9�___ki Attorney for SCAG -13- C. C'_! E C• n l sirT n i 7;;5r) LJ .� 4, T JC.•. .. J...L K. CL,: .,`. t: :.s r:C4i :,'! n4r) I,•i S'CPC OD L'DSiS i0 Gig i C• . 1 1, i w nt ,yuI l-/ 11 V Iill. S ecial Provisions 1. Task/Contract Manager: The City of Irvine and City of Newport beach shall assign one contract manager to this work. This person shall be a registered Civil Engineer in the State of California, with academic training and at minimum 5 -years of experience in professional engineering with experience in flood control and/or sedimentation control engineering. 2. Technical Review Compittee: An outside "experts" technical review committee shall be established to assist in the review of technical work products. This committee shall be composed of specialists who have the following expertise: engineering and flood control hydrology, sedimentation engineering, erosion processes, geomorphologic, processes, sedimentation processes in salt marshes, sediment delivery, flood control engineering, soil, protection and watershed treatment and biological/ecological sciences in tidal wetlands. The Technical Review Committee shall be directed by the SCAG 208 Project Manager and the City's designated Task Manager. 3. Public Partici_pation: Public participation assistance sha:l be provided to aument SCAG's overall 208 Public Participation program. A local advisory committee shall be formed and staffed by the Cities of Newport Beach and Irvine. This committee shall be composed and operated consistent with Federal Regulations on Public Participation. 4. It is understood and agreed -by the parties -hereto that work on task 8015.01/8115.01 Newport. -Bay Watershed: San Dieao Creek Comprehensive Stormr,rater Sedimentation Control Pan, has occurred prior to the date of this agreement h cT_was necessary and reasonable for proper and efficient accomplishment of the above cited task, and that such work shall be reimbursable pursuant to Section 10 of this agreement. Such charges, which are consistent With the terms of this agreement, and which are incurred on or after April 4, 1980, are eligible for reimbursement. 5. The City of Irvine and City of Newport Beach shall assign one agency as the lead agency for handling Reimbursement Requirements and requisitions for payment. 6. Upon receipt of comments the reports shall be addended "and finalized and submitted to SCAG to reflect any necessary changes within fifteen working days after the receipt of the corrsnents . 7. SCAG acceptance of final reports and products is contingent upon satisfactory resolution between the Federal/State oversight committee, SCAG and Participating Agencies of outstanding issues and comments raised by the Federal/State oversight committee. Appendix A.I. AGENCY NAME PERSONNEL ASSIGNED TO THIS CONTRACT City of Irvine and 1. City of Newport Beach 2. 3. 4. 5. 6. 7. 8. Appendix A.II Scope of Work Appendix MI Scope of Services SCAG FY 80 OWP and SC,4G FY 81 OWP Task._ 8015.01/8115.01 Newport Bay Watershed: San Diego Creek Comprehensive Stormwater Sedimentation Control Plan Time Schedule: Part I: SUBTASK I -A I -B I -C I -D This task is divided into three parts: I:. Early Action and Interim Plan, II: Sedimentation Analysis, and III: Comprehensive Stormflow Sedimentation Control Plan. Parts I and ITA are funded under the FY 79/80 OWP. Parts IIB -IIF and III and are funded under the FY 80/81 OWP. The overall time schedule for these tasks is (from start of work): Part I: September 4, 1980 - December 15, 1980 Part II: December 15, 1980 - August 17, 1981 Part III: July 21, 1981 - April 29, 1983 Early Action and Interim Plan Schedule Feasibility Investigation of Alternatives 9/04/80 - 10/31/80 Develop Early Action and Interim Plan 10/15/80 - 12/15/80 Environmental Impact Assessment/ Report 10/15/80 - 12/15/80 Secure Implementation Commitments 11/15/80 - 12/31/80 Part II: Sedimentation Anal s�is - (Also to be used to - evaluate the effectiveness of alternatives in Part III) SUBTASK II -A Hydrologic Analysis II -B Geomorphologic Analysis II -C Sediment Source Analysis II -D Sediment Delivery Analysis II -E Sediment Transport, Deposition and Scour in Newport Bay II -F General Audience Report (Summary) Part III: Comprehensive Stormflow Sedimentation Control Plan SUBTASK III -A Development and Performance Analysis of of Alternatives III -B Cost Analysis of Alternatives III -C Institutional/Financial Analysis of Alternatives III -D Environmental Assessment of Alternatives III -E Technical Review of Subtasks III -A thru D III -F Draft Report on Alternatives III -G Public Review of Alternatives III -H Review Comments, Prepare Responses and Document III -I Prepare Recommended Plan and Environmental 12/15/80 - 2/16/81 12/15/80 - 4/20/81 12/15/80 - 4/20/81 12/15/80 - 6/15/81 4/20/81 - .7/21/81 7/21/81 - 8/17/81 7/21/81 - 1/11/82 10/05/81 - 1/11/82 2/02/81 - 1/11/82 2/02/81 - 1/11/82 1/12/82 - 3/08/82 3/09/82 - 4/12/82 4/13/82 - 6/14/82 6/15/82 - 7/13/82 Documentation 7/14/82 - 10/11/82 III -J Assist in Securing Implementation Commitmentsl/04/83 - 4/29/83 A-1 Overall Objectives: This task has three overall obiectives. They are: 1. To develop ars early action and interim sedimentation control plan for Upper Newport Bay and San Diego Creek and its tributaries which can be approved for implementation in December 1980 and implemented in the ensuing months of 1981 prior to the onset of the 1981/82 rainy season. 2. To analyze and characterize the causes, nature, and extent of the sedimentation problems adversely affecting Upper Newport Bay. 3. To develop a comprehensive watershed erosion and stormflow sediment control plan, with emphasis on a downstream desilting system along San Diego Creek that can be impUmented* in the near --term. Methodology: Acceptable flood control engineering, hydrologic and sedimenta- tion engineering techniques shall be utilized in the conduct of this work. A study team shall be formed and composed of persons with expertise in the following.scientific and engineering fields: (1) sediment yield and sediment -flow mechanics, (2) soils, soil erosion and soil conservation, (3) geomorphology, (4) flow and sedimentation mechanics in coastal estuaries, (5) flood control engineering and desilting basin technology for stormflows, (6) flood hydrology and frequency analysis, (7) chemical_ and physical properties of sediment in stormflows and coastal waters, (8) engineering economics, (9) wetland and freshwater biology, and (10) nuisance control in sedimentation basins (mosquito, flies, odors, algae, and other nuisance abatement). Description of Work: The following is a description of required work, outputs and estimated level of effort for the three parts and their subtas ks, necessary to accomplish the objectives of this contract. The area covered under this work is the.San Diego Creek drainage basin and Newport Bay. A-2 Task./P oduct escriptiCi; Part I: Cities of Newport Beach and Irvine Early Action and Interim Con, Plan This task shall be conducted, at minimum, bjr accomplishing the following work: TASK I -A:. Investigate the feasibility of and estimate the effectiveness of the following sedimenta- tion control measures for implementation as part of an Early Action and Interim Control Plan: (1) drop structures and/or other in - stream sediment control devices along San Diego Creek and its tributaries, (2) use of a portion of the proposed sediment desilting site located between MacArthur Boulevard and Jamboree Road at San Diego Creek, (3) clearing of accumulated sediments in Upper Newport Bay, (4) clearing of accumulated sediments in the San Diego Creek channel, (5) construction of diversion works t- deflect the San Diego Creek flow and dike structures to contain sediments in the old salt evaporation works area or portion thereof, and (6) other possible alternatives. Output: Technical memoranda describing results of task I -A. Thirty copies of this memoranda shall be submitted -to the cities and SCAG. TASK I -B: Based upon the investigation conducted*in (1) prepare an engineering report that describes a staged interim and/or early action plan that can be implemented before the on -set of the '1981/82 rainy season (stage 1) and before the 1982/83 rainy season (stage 2) which provides sedimenta- tion control for Newport Bay within implementa- tion funding and time constraints. The stage 2 plan shall be re-evaluated based upon the results of Parts II and III of this scope of services, and modified as necessary. The relative impact on existing habitat in the Ecological Reserve will be a major consideration In the final selection of the interim/early action plan. The plan is to be developed in conjunction with the interagency engineering committee formed under the County of Orange District 5 supervisorial office. The purpose of said committee is to investigate feasible desilting facilities/sites that can be constructed in the near-term utilizing a grant to the City of Newport Beach from the State Water Resources Control Board. Proposition 2 State Assistance Program. This task would (1) prepare the engineering project report describing feasible engineering alternatives, costs estimates, time (Rev. 11/25/80) A-3 Sched-ul e 9/04/80-10/31/80 Draft:10/15/80 Final :12/15/80 10/15/80- 12/15/80 control 7`'acllittes, and J Prepare a report of other interim/earIv action sedime- ition controls. The Cities 11 provid,-- CO the consultant a list of available funds and the consultant shall then devise a Proposed method for financing the reconriended plan. 0«tnut: An engineering project report for task I -B. Thirty copies of a draft Draft:ll/1/80 report and 100 copies of the final report shall be prepared and P Final:12/15/80 submitted to SCAG. TA -_.S C The Cities/contractor shall prepare any necessary environmental assessment 10/15/80 _ for the recommended `� interim/early action plan. Such assessment(s) shall be in the form of an environmental impact report pursuant to CEQA requirements. SLAG, as the lead 208 agency, will have responsibility for processing the necessary environmental documentation for the 208 Plan Amendment. The Cities, as appropriate to their jurisdiction, shall prepare any additional and necessary environmental documentation for the recommended interim/early action plan. Ou�ut: 'Environmental Documents pertinent to the recommended in task I --B, project' Final: 12/15/80 TAS_K _I - D: The Cities shall secure implementing agency approvals and commitments to complete the implementation of the plan with technical assistance as needed to be provided by the consultants. Output: Management agency agreements committing the appropriate agencies to implementation 12/31/80 of the recommended plan. PART II: Sedimentation Analysis This task would analyze the sedimentation problem in the Bay and its watershed. Specifically, five major areas of analysis are required: (1) hydrologic, (2) recent , geomorphologic (formational process), (3) sediment sources, (4) sediment delivery, and (5) sediment transport, deposition and scour in Newport Bay. Since the recognition of the sedimentation problem in -Upper Newport Bay, no definitive scientific investigation of the sedimentation problem has been undertaken. The intent -of this task is to commission a team of recognized experts in each of the required analytical areas who will prepare an authoritative analysis of the problem, relying upon existing data and procuring additional data where necessary and funds permitting. (Rev, 11/25/80) A-4 TASK 1-A: H drologic Analysis. This task would (1) provide a 12/15/80 data sum, •,ry and statistical analysis r-' historical 2/16/81 streamfi and precipitation records, � -, develop appropriate dra i nZ.ge maps, (3) provide a frequency analysis of stormfiow events utilizing the SCS TR -20 model for the 10 -year, 25 -year, 50 -year and 100 -year recurrence interval stormfiows for appropriate design storms for foothill canyons, major tributaries and at the San Diego Creek at Campus Drive gauging station as necessary to perform the fluvial analysis and sedi- mentation control effectiveness evaluation of Parts II and III of this scope of services, and (4) calculate channel flow capacities at different sections of the system. Output This task shall be conducted, at minimum, by accomplishing the following work: 1. Compile existing data a. Historical precipitation and streamflow data available through the OCEMA and USES. b. Precipitation and streamflow data available through other sources (Catalog available through the State Department of Water Resources and NOAA). c. Prepare drainage basin map at 1" = 20001, showing all principal drainages, reaches, lengths, slopes and appropriate cross sections and profiles. d. Flood Plain Insurance studies, flood plain studies of the U. S. Corps of Engineers. e. Other appropriate data. 2. Develop frequency versus peak Q relationships for measured gauging stations. 3. Utilizing the SCS TR -20 Hydrologic computer program calculate peak flood flows and flood hydrographs as required for the different return periods and projected land uses, at the selected sites. 4. Calculate channel flow capacities at relevant sections of the system. Technical memorandum documenting study including: 2/16/81 1. Summary of runoff gauging station records. 2. Runoff frequency relationships at gauging stations for 10,25,50', 100 --year and standard project flood stormflows. 3. Peak flood flows and hydrographs for required concentration points for the required return periods and projected land use. 4. Channel flow capacities, as needed for the project. (Rev. 11/2.5/80) A-5 Task/Product Descri r� ti on Cities of Newport Beach and I rvi ne;SCAG Schedul e TASK 11-B: ueomorphologic Anal sis. This task Would 1.2/15/80 provide a d�scriiption of the formational 4/20/81 history of the Upper Newport Bay area and its watershed. This task would also estimate the characteristics of sediment production under historical conditions and areas of sediment deposition. Historical conditions to be investigated include pre -settlement, pre -1890, and major cultural development stages that affected sedimenta- tion in Upper Newport Bay. This task shall be conducted, at minimum, by accomplishing the following work: I. Compile Available Data a. Geological reports and records; soils data, including boring data in Upper Newport Bay and area (U. C. Irvine, others) . b. Historical topographic maps, especially early editions of USGS quadrangle maps. c. Historical aerial photographs. d. Historical land use development records. e. Previous drainage district records. f. Other records and data. 2. Summarize the formational history of the Upper Newport Bay area and its watershed Both the geologic evolution which resulted in the formation of the bay and the significant devel opirients which influenced the sedimenta- tion processes into and within the bay would be described by utilizing the following steps: a. Research geologic records and reports to ascertain the geologic history of the bay. b. Identify recent geological setting of the bay. (Rev. 11/25/80) A�5 (Rev output: Scheciul e c. ident-I y the general land use characteristics of the watershed from the arrival of European culture that may have impacted the sedimenta- tion processes in the bay. 3. Estimate the characteristics of sediment production under pristine natural conditions in the San Diego Creek Watershed. From existing data and information gained from previous steps, an estimate of the probable effects that large scale human developments have had on sediment yield and delivery to Newport Bay. The following steps would be used to accomplish this: a. From existing topographic maps, especially early editions of-USGS quadrangle maps, and aerial photographs, identify the natural drainage patterns for San Diego Creek prior to alteration by man. b. Based on probable native -vegetation, soil maps, and surficial geology estimate sediment erosion and depositional areas within the natural flowpath of San Diego Creek. c. Estimate the general characteristics of the natural sediment production rates using regional data and applicable local data. d. Evaluate using where'possible existing information, the sedimentation impact on Upper Newport Bay and effects of tidal mixing on fine grain sediment deposition. 4. Evaluate the effect of land use change and channelization on sediment production and deposition in Upper Newport Bay. !• Development map and description of the evolution of (1) land use of the San Diego 4/20/81 Creek watershed and (2) Upper Newport Bay watershed basin change (size and location). 2. General sediment delivery analysis describing the changes in the sediment production process and depositional areas in the water- shed and to the bay. 3. Technical memorandum describing the formational history -of the bay, including maps and historical photographs, as available. 11/25/80) A-7 4. Hyd, iraphic map showing flow pati of the San Aego Creek watershed and historicalmaps/photographs showing the change in the hydrographye 5. Watershed map showing natural depositional areas for historical sediment production. 6, Quantification of sediment budget under natural conditions. 7. Maps and descriptions showing quantity of sedimentation in Upper Newport Bay, including particle size distribution. Tabulation of available Quality data as sediments. TASK II -C: Sediment Source Analysis - Existing and Pro3ecte is task would estimate the se�7c i'ment production rates from the major sediment source areas (foothills, unstable channels, agricultural areas, urban areas and construction sites) in the watershed for year 1980, 1990, 2000 and ultimate land use for the 10, 25, 50 and 100 -year recurrence interval stormflows for the 1 -hour, 6 -hour and 24-hour duration storms. The task would also evaluate the effects of flooding on valley erosion processes (i.e., across agricultural, urban and other lands) and provide an estimate of the sediment characteristics (i.e. particle size, etc.) from the different source areas under the various hydrologic conditions. This task shall be accomplished, at minimum., by conducting the following work: 1. Compile existing data a. Sediment discharge data for suspended and bedload measurements at gauging sites measured by USCS. b_ Sediment accumulation or erosion in Upper Newport Bay and primary flood control channels. C. Sediment yield data in the form of reservoir surveys for upland watersheds. d. Regional Tong -term sediment yield data in similar, nearby catchment areas. e. Soil surveys (SCS). f. Erosion estimates from various land uses that may be available from the Orange County Resource Conservation District. (Rev. 11/25/80) Al Schedule 12/15/80 - 4/20/80 Schedule 2. Colle,i: Watershed Data a. Survey established reservoirs in watershed where historical or original surveys exist. b. Survey natural and manmade channels and estimate historical channel erosion/ deposition. c. Survey potential soil loss from 1980/1931 construction activity. d. Survey and collect as necessary water and soil samples from various areas in the watershed. 3. Collect and map existing and projected land -use data a. Map existing land use(irrigated agriculture, range lands, urban, other) utilizing available information, including use of orthophoto quadrangle sheets of the USGS. Determine kind and amount of agricultural operations (crops) for each subwatershed. This is to set priorities for future implementation. Determine average condition of land over a typical winter season:. bare,.covercropped, crop residue remaining, rough tillage for each category of crop, orchard, row crops, berries, etc. Determine tf: relative impact of sediment in irrigation tailw"-ter caused by improper leveling and long irrigation runs. b.. Estimate future land use change for the year 1990, 2000 and ultimate build out utilizing the SCAG-78 growth forecast policy as trans- lated to the San Diego Creek Watershed, use of local general pians and development plans. 4. Compute 10 -year, 25 -year, 50 -year and 100 -year stormflow, average annual sediment production potentials and estimate particle size distribu- tion for the following source areas: a. Mountains/hills using streamflow, reservoir, regional sediment yield data, and soils data. This shall include an evaluation -of the relative importance of slope, slips, land cover and soils on erosion and sediment yield. A-9 Schedule b. Agricultural areas using the following procedure: (1) Utilizing Soil Conservation Service Soil Surveys, prepare soils erodibility map for agricultural field subareas by supplementing and interpreting soils data and calculating sheet erosion and field sediment delivery rates for the 1 - year, 10 -year, 50 -year and 100 -year storm rainfall intensity for type of field condition (i.e. barren disked, barren ridge and furrow, cover cropped, etc.). This shall be accomplished by using established procedures and in consultation with erosion experts, estimate soil loss in tons per acre for each winter condition of the land encountered. Consider erosion from raindrop dis- location and overland flow; both of which are affected by land conditions. (2) Map agricultural subarea drainages and assess erosion potential for the 1 -year, 10 --year, 25 -year, 50 -year and 100 -year stormflows. c. Channel erosion by conducting field surveys (include black and white photographs) of channel size and evidence of streambank erosion and bed scour. This shall be done at minimum by crossing -sectioning a few typical channels to estimate channel degradation over the past two to three year's storms. Note the relative stability of the channels in relation to practices applied on adjacent lands or other physical factors. Project these findings to all channels to determine the extent and priority of the problem. d, Construction site erosion using field surveys and Soil Conservation Service studies if available, or other appropriate technique. 5. Compute irrigation tailwater erosion and sediment delivery to adjoining channels. Determine particle size distribution through field monitoring_ A`10 Output Schedule 1. Data compilation and summary report. 4/20/81 2. land Use Maps for source areas including drainages and other pertinent information. 3. Sediment yield technical report for the various source areas, showing methods utilized in arriving at the estimate of sediment yield, including a frequency - yield - particle size distribution analysis. Includes comparison of source yields by storm intensity, particle size and total yield. 4. General audience report summarizing the analytical work in "plain English". TASK II -D: Sediment Delivery Analysis. This task would 12/15/80 - determine e se invent f ow at the major 6/15/81 gauging sites in the basin for the same recurrence interval stormflows described in II -C. In addition, an estimate of the volume and particle size distribution in the channel system would be made through field investigation and calculation. Estimates of sediment delivery by major sub -area would also be made. This task shall be accomplished, at minimum by conducting the following work: 1. Compile Existing Data a. Sediment discharge data for suspended and bedload measurements at gauges measured by the USGS, including all instantaneous measurements, particle size breaks, and methods utilized. b.. Sedimentation surveys and studies for discharges into Upper Newport Bay, including reviews and evaluation of work conducted by the University of California, Irvine. C. Sediment removals from channels in the watershed, especially the lower reaches of San Diego Creek (Jeffrey Road to Culver Drive) at the Woodbridge Planned Community in the City of Irvine. d. Other data as appropriate to this task. (Rev: 11-25-80) A-11 JGi1�Cii� i �: 2. Collect Watershed/Channel Data a, collect supplementary field samples and analyze for particle size distribution and estimate volume of sedim:- in channels at various loca- tions in the watershed through reconnaissance level surveys. b. Other data as appropriate. 3. Analyze Historical Gauging Station Flow and Sediment Discharge Records a, Evaluate and prepare appropriate graphs and analyses describing the relationship of streamflow with sediment discharge for sus- pended and bed load, with and without sand breaks for data from USGS gauging stations in the watershed (San Diego Creek at Sand Canyon Avenue, San Diego Creek at Campus Drive, E1 Modena -Irvine Channe'i at Myford Road) . b, Supplement historical depth -integrated sampling measurements of suspended load for the above stations by analyzing the relationship of automatic sampling suspended.solids concentrations with depth -integrated data for 1978 for -the San Diego Creek at Campus Drive station and then extend/adjust the automatic sampling record for the 1979/80 storms. 4, Compute grain size distribution for sediment from existing discharges for the gauging stations. 5. Develop sediment discharge-streamflow rating curves at the San Diego Creek gauging station at Campus Drive, at Sand Canyon and on the El Modena -Irvine Channel. a.. Utilizing analyses and data from the previous sediment production -and stream - flow steps, develop sediment discharge- streamflow rating curves for the 10, 25, 50 and 100 -year recurrence interval flows for recent land -use conditions. b. Repeat above for year 2000 and ultimate land -use conditions. A-12 Output: Schedule 6_ InvesL2gate and describe the sediment delivery processes in the watershed and estimate the sediment delivery characteristics (ratios, etc.) for the important channel locations (includes San Diego Creek at confluence of Peters Canyon Wash and San Diego Creek, San Diego Creek at Jamboree Road, San Diego Creek at or near Sand Canyon Road). 7. Using the sediment and bedload readings from USGS or other monitoring, and analysis in previous steps, relate channel erosion, sheet and rill erosion, and all other perceived sources to determine how much the land use above each gauging station has affected sediment flow as recorded. Reasonable correlation can be expected between the estimated findings and sediment measurement. 1. Data Compilation and Review ew ;emoranda 6/15/81 2. Technical Memoranda on historical gauging station flow and sediment dis- charge analysis. 3. Technical memoranda on sediment discharge - streamflow rating curves to the 100 -year event for San Diego Creek at Campus Drive, San Diego Creek at Sand Canyon Avenue, and on the El Modena -Irvine Channel at Myford Road for 1980, 1990, 2000 and ultimate land use conditions. 4. Technical memoranda on the analysis of grain size distribution and bed load for measured flows. (Automatic samplers and manual depth -integrated sampling). 5. Technical memoranda providing monthly and annual sediment yield graphs for USES measured flows, 6. Technical memoranda describing the sedi- ment delivery process of the watershed and its drainage channels. (Rev: 11-25-80) A-13 (Rev: TASK II -E: Se' lent Transport, Deposition an,- Scour 'In tyewpo r~t Q%_— 1. 2. 11-25-80) This task would provide an analysis of the transport of flow and sediment discharge to Upper Newport Bay by San Diego Creek, an analysis of the depositional characteristics of the sediment load as a function of particle size, flow rate and sediment load of the dis- charge, an analysis of scouring in the upper bay as a function of flow rate and sediment load, and an analysis of the transport by grain size of sediment transport through Newport Bay and its depositional areas. It is anticipated that this task will require sediment coring in Newport Bay, principally in the Upper Bay. The purpose of this task is to determine sediment discharge objectives in terms of particle size and criteria to minimize scouring. This task would be accomplished at minimum by conducting the following work: Compile existing data a. Collect available data of California, Irvine, Laboratory on sediment survey data in the bay water column data. from the University Water Resources cores, depositional and particle size b. Collect California Department of Fish and Game data on sedimentation, if available. C. Collect historical and other related data/ studies on deposition and scour sediment in tidal flat salt marshes. Collect Supplementary Data a. Collect water column samples and run particle size analyses if necessary to supplement existing data for estimating sediment flow through the bay as a function of particle size_ b. Collect, if necessary, additional sedimenta- tion data in the bay to determine depositional areas and particle size distribution. C, Collect any other data deemed necessary for this task. A -I4 Jch--- hedu I a 4/20/81 - 7/21/81 Uu4. ;-Vu L. Schedule 3Evaluate the sediment deposition, scour and transport characteristics of sediment discharges in Newport Bay entering via the San Diego Creek Channel. . a. Describe the relationship of sediment and water inflow into the Bay with sediment deposition, scour and trans- port for varying hydrologic conditions and land use conditions described previously. b, Evaluate the significance of fine grain sediment flocculation and deposition due to the influence of fresh water sediment inflow mixing with sea water in Upper Newport Bay. c. Evaluate OCEMA studies on tidal flow and tidal prism volume estimates for sedimentation in Upper Newport Bay. 1. Data compilation and review report. 7/21/81 2. Technical memoranda describing the sedi- ment deposition, scour and transport characteristics of San Diego Creek dis- charges for various hydrologic conditions and existing and projected watershed land use into and through Newport Bay. TASK II -p: General Audience Report. Output: This task would prepare a summary on the 7/21/81 - Sedimentation Processes (Task II) for 8/17/81 general audience readership. The report is to be written in "plain English" and is to contain appropriate charts showing sediment yield by sources for the different land use and hydrologic conditions, sedi- ment rating curves for the major stream sites, sediment delivery processes, and deposition, scour and transport of sediment laden discharges into Upper Newport Bay. The report is to also contain appropriate land use maps at 1 2000' for the watershed showing principal drainages, mountain/hill areas, land use and political boundaries for 1980, 2000 and ultimate land use. 1. General Audience Report. 8/17/81 A-15 Schedule, Part IIi:_ Comprehensive Storntfiow and Sedimentation Control Pian — -- This task shall be conducted, at minimum, by accomplishing the following work: TASKS III -A thru III -D:. Deyelonment:.and..Performance A sis of ternatives'and Assessma'nts. �/2T/81- 1/11/82 This task is to develop the erosion and sediment control alternatives, perform detailed engineering feasibility analyses and assessment: on the alternative systems • developed. Alternatives to be evaluated would be developed and defined by pre- paring descriptions, concepts, locations, layouts, sediment reduction effectiveness, cost analysis, institutional financing analysis and environmental assessments of the alternative components. T;iese would include the following system components, either separately or in combination: I. Downstream Engineering (Rev: 11-25-80) a. Sedimentation basin adjacent to the San Diego Creek northwest of Campus Drive around the IRWD sewage treat- ment plant, with necessary protection works for the IRWD facility. Alter- native to consider joint use with IRWD for storage/treatment of waste- waters. b. In -channel sedimentation basin in the lower reaches of San Diego Creek for bed load control for large storm flows. C. An interim sedimentation basin in the old salt evaporation plant area in Upper Newport Bay, d, Other possible sites, including the area between Jamboree Road and MacArthur Boulevard. A=16 2. Val l :_,; E-ngi neeri ng Schedule a, Desilting basin on San Diego Creek in the Vicinity of old Laguna Canyon Road or other nearby area suitable for control of bedload and suspended sand load. b. Sedimentation Basin(s) in series/parallel with or within improved and/or existing channels. c. Other sites for desilting basins. d. Channel stabilization utilizing concrete, gabion or other technique for severely eroded or potentially severely eroded channels. Areas to be included are: ghannels below Sand Canyon Reservoir, Bonita Canyon, channels below foothill control basins, and other valley channels. 3. Valley Land Management Practices shall be examined in consideration of BMP's developed by the City of Irvine and the County of Orange and shall include: a. Additional agricultural erosion/sediment delivery controls (BMP's). b. Additional construction source controls. c. Other land management practices to reduce watershed erosion. 4. Upstream Engineering a. Sediment/debris control basins in foothills. b. Flow regulation/sediment control basins in foothills (larger capacity than (a)). c. Foothill channel/source stabilization program. A-17 Schedule 5. Accumulated Sediment Removal Management Plan Note: Foothill basins studies are currently being proposed to be undertaken under a joint arrangement by the Orange County EMA and The Irvine Company through a Multi -Purpose Watershed Project under the Federal Water and Power Resources Service program. The initial studies on the basins (Hicks. Canyon 1 & 2, Borrego Canyon, Aqua Chinon Canyon, Round Canyon 1 & 2, and Bee Canyon) are proposed to be conducted by the County and The Irvine Company. EPA and the State have required that "...All 208 Planning Tasks that relate to the foothill flood control structures proposed by Orange Lounty will be coordinated with tFis work program to ensure consistency and to avoid duplication of effort. The review under the 208 program will be limited to their sediment reduction capabilities." Following this grant condition all upstream engineering for the canyons proposed for control by the County - Irvine Company program shall be incor- porated into this report. No substantive or duplicative work shall be undertaken on these basins, excepting for evalua- tions determining the sediment reduction and downstream erosion control benefits of the projects. Source watershed treatment control programs in the foothills or other basins not part of the County study but necessary for sediment control evaluation (Peters Canyon channel, others) may be studied as appropriate. Based on the above effectiveness and feasi- bility analyses of the component alternatives (1-4), combinations shall be developed into system alternatives. Three system alternatives shall be developed and evaluated in addition to one that contains. a downstream sedimentation basin at the site adjacent to the IRWD wastewater treatment facility and one that is the no project alternative (five alternatives). All parties to this contract shall agree upon the system alternatives to be specified in the final report and EIR. A-18 d ng ineer inq fsas ibil i ty, erosion/sediment reduction capabilities, costs and financing, environmental assessments and implementation/ maintenance features of each alternative system shall be analyzed and described clearly. A comparison is then to be made between each alternative system, showing features (different or common), costs (total capital and annualized cost by year), effectiveness in reducing sediment delivery to Upper Newport Bay (quantity delivered/ controlled by stormflow conditions far recurrence intervals up to the 100 --year event for 1980, 1990, 2000'and ultimate land use and by particle size distribution), environmental impaots, constraints or other limitations affecting siting or design, year system element is to be on line, responsible agency, and financing method, This comparison shall also be shown in summary matrix form. Costs should be shown in 1982 projected dollars with estimated Engineering News Record Construction Cost index. Project capital requirements for the year of scheduled implementation shall also be shown. Governing factors on sizing facilities shall either be the physical site limitation, or alternative sizes to control a 25 -year, 50 -year or 100 -year stormflow event, Water and sediment storm - flow at the desi1ting bas -ins shall have been developed from Part II Sedimentation Analysis, which is to be coordinated with this Part III. Particle size control factors for desilting basins or source controls shall also be obtained during Part II. Output: Schedule 1. Technical Memoranda describing the alternative com- 1/11/82 ponents and their effectiveness and costs. This shall include general descriptions, operational concepts, layouts and locations, quantitative considerations, costs, and environmental considerations. 2. Technical memoranda describing the basis and description of the system alternatives developed. This shall include an analysis and clear des- cription of the system, how it works and maintenance requirements, when it can be implemented, its costs, effectiveness in reducing sediment discharge to Upper Newport Bay, financing of the system alter- natives components and sources of funds, and environ- mental impacts. This memoranda shall be a detailed technical analysis of the system alternatives. (Rev: 11-25-80) A-19 3. Draft General audience report to be used for Public view purposes for selection the prefer. , alternative. This report siw ll be written in "plain English" and shall clearly describe and present the system, alternatives and their comparison. Sufficient graphics and charts are to be prepared which show the elements of each alternative, costs and effectiveness of each component and of the overall system by 5 --year period from 1985 through 2000 and for the ultimate land use .(general plan), including environmental impacts, and a section on financing of the alternative system, and agencies responsible for its implementation and maintenance. Fold out I" 2000' scale maps of the watershed on a USGS topographic base map shall be included in a pocket in this report presenting land use, Political boundaries, drainages and plan location by alternative, including quantita- tive data for each alternative component (i,e., costs, size, control effectiveness, etc.). In addition, a public review summary - comment package (less than 5 pages) shall be prepared for inclusion into the report for the public to provide comments thereon for return to the Participating Agency/Contractor. TASK III -E: Technical Review and Refinement. This task would provide for the technical review 1/12/82_ of draft products prepared under Subtasks III A -D 3/8/82 and refinements of the Technical Memoranda and draft reports prior to public release. This task is to be accomplished by conducting the following work: 1. Provide Technical Memoranda and other outputs to the Technical Review Committee and SCAG 208 Program Manager (10 copies) consistent with the approved project schedule. 2. Based'upon the comments received a meeting will be held with the consultant offering the comments and determining necessary refinements. The contractor will then finalize these memoranda and reports. Outputs: I. Comments on Technical Memoranda and Reports. 3/8/82 2. Finalized Technical Memoranda and Reports to be made available to the public and -interested agencies. A-20 TASK 111--: Plan Alternatives and Draft Environmental Impact Report, T Output: Utilizing the Draft General Audience report prepared on the alternatives developed in SubtasksIII A -D and comments made by the Technical Review Process of Subtask III -E-, a general audience Plan Alternatives and Draft Environmental Impact Report, considering environmental impacts of each alternative, is to be prepared and two hundred (200) copies reproduced. This report shall include those elements described in Subtasl�s III A -D, Output 3, and shall be limited if possible to fifty (50) pages. Distribution of the reports to interested agencies and the public shall be coordinated with the public participation tasks. The contractor may be req►iired to distribute the reports to a mailing list to be developed by SCAG and the participating Agencies. Schedule 3/9/82- 4/12/82 General Audience Report on Stormflow Sedi- 4/12/82 ment Control Alternatives with appropriate fold -out maps, photographs, and public review summary -comment attachment_ (200 copies). TASK III -G: Public Review of Alternatives. The public will be encouraged to review, comment and recommend their choice of the best alternative or combination thereof from the described sediment control alter- natives (for a 60 -day period). Presentations will be made to the local Water Quality (208)'Advisory Committee, its Coastal Wetlands Subcommittee, the SCAG Energy and Environment Committee, and before the local elected officials and management level personnel in the Newport Bay area, and to groups requesting presentations of the alternatives. This task will be supportive to the public participation effort provided by SCAG. Press releases shall be pi-epared to assist the media in coverage of the alternatives. A public hearing will be held on the alternatives. (Rev: 11-25-80) A-21 4/13/82- 6/14/82 4 } i 1, Public id agency presentations, 2. During May I Publicand Agency comments. and June, 1982 j ' 3. 4. Press Releases and other informational aids. Public Hearing on Alternatives. TASK II II H. Review Comments andPrepare Responsiveness Do c u m e f 6/15/82- . -- �-- __ _...... "• 7/13/82 j This task will reivew all comments received prepare a responsiveness i summary and make recommendations based upon these corments. Output. i� I. Compilation report of all P comments received. 7/13/82 2. Responsiveness Summary to comments. 3 3. Recommendations based upon the comments. TASK III -1: Prepare Recommended f.ola�d Final EnvironmentaTmpur 7/14/82- 1 Rrepot 10/11/82 A recommended plan shall be prepared based i upon the alternatives developed and output of Subtask III -H. This plan shall be more detailed than the alternatives, specifying the specific project proposals and management practices, their implementa- tion schedule, costs and financing/implementa- tion/management plan. An accompanying environ- mental impact report shall be prepared utilizing the alternatives previously prepared and describing the effectiveness of the recommended plan and alternatives. Output 1. Recommended Plan (200 copies plus original), 10/11/82 2. Environmental Impact Report (200 copies plus original). 3. Executive Summary of 2ecormended Plan (500 copies Plus original). (Rev. 11-25-80) A-22 TASn T114. Assist in Securing Implementation CoCrmitmP_.nts- The participating agencies shall assist SCAG in securing implementation commitments from -the responsible agencies designated in the plan as implementing -management agencies. This task shall also include development of any joint powers agreements and financial arrangements. necessary to assure implementation, maintenance, monitoring and management of the plan. Output: I. Implementation Commitments 2. Management Agency Agreements (Rev: 11-25-80) A-23 Schedule 1/4/83 -- 4/29/83 4/29/83 4/29/83 =�iiCY: CITY OF NEWPORT BEACH AND CITY OF I,P,VME E SOD',',1TTED. Drr-,TE t.rrD. ?E DEPIOD COVERED: Orr. S '015.01 for _ ;, rt c r--�--- 11 -El IS FY 79-80 Authorized Budoet Bud0et Revisions 65,000 65,000 I i [l 5 5, 050 j 100,000 APPF i); .. III5-1e CITY OF NEWIPOR T BEACH AND CITY OF IR1`Ii,'E SJR, {! :U. Dr.IE t. . ,C�.�_ PERIOD COVERED: FY 80-81 Au L.hori zed budget ` Re. s : or,s - I cs s "115.01 PF.rt TrA-IIF. Part III 252,000 �;S✓-- 252,000 1 • - ., � .. � ter. rnn Jv , JvU i I • i APPENDIX III Budget SUMMARY ;,_.';CY: City of Newport Beach and City of Irvine S"! B;X, - DATE APPROVED T I?",E PERIOD COVERED: FY 1980-82 Authorized Budget Budget Revisions k'ork as i's 3015.01 for 65,000 Parts y 165,000 51115.01. Part 252,000 IIA -IIF, Part IIT i ~`- I Y, I!,,; GIE'__ v0S;S r 317,000 I 165,000 77 • r L • ,I C 7 I 482,000 OR SUciGREE:+rNTS UNC F U;S. Fr O r" 4 ? P iC= S"u.,+: RY FC'R?fAT F COST O i /c E �c(r4CIions before Cr,'-D:-.'tr_ ---'— PART i-r,etiR:.L e 12. GRANT tiUM-.-_ --- P00920 -01-3,P009325—01–] PLANNING PROGRAt1 PHASE I_ ' SECTION 208 CONTINUING? SAT£ Paces c>aL F:h1.tE = C:.t.:TP.�C TC -i R 5UnCONTRAC7CR 1-•C�-23'�O CIT`>r OF -TRVINE c VI:.E7T O EZ FURNI`_ 1 - TOR (Inetode ZIP code) E. i YR- OF z S --� ^ r S O F G O N i rZ A a v a R 5 U o C J N RAC STUDIES I Fi'aDINCi TO AME UM i CITY OF :ZVDTE P.O.BOX 19575 OF SOUTH COAST 208 PLPN IRVV CivvE, CA 92713 4�CC IUC�LCt t 1 �� DIRECT LABOR TOTAL: 1 I ESTIMATED FATE I r BASE = COST I C^S 5 ISractl� :�cirect coat pcola) .17 1s 59 A�iINTC S I'R�\T CTTE .OWE ]Ef_.-- _ 10 115 i ---- 1TIDIRECT COSTSTOTAL: ( -�-- 1 -- - ESTIMATED COSTS I COST r TRAVEL 900 _ – -- ,s 300 (1) Tr_-__1a�IFo= ------- S 1x200 (2) ?�R DIES TRAVEL SUBTOTAL: -- 3 ESTIMATED QTY COS COST _. .r- _ SUPPLIES ($pecil" earegori") _ b. EcuIR=+F hT• MATE - 12000 A . _elA�s. S 300 12000 -15 , PART II -COST SUMMARY j------ PHC� IE DISTANCE:: ESTI- HOURLY I ESTIMATED TOTALS + ?ECT LABCR (Speei:y in Dor eareooriea) MATED HOURS RATE jt COST �- IS . E 1266 is 24..I t4857 ' DIFtF 'IbR OF' C( `V_UNITY DEVIIO �: 266 l 18.26 5� SNTR►.CTS ! �I NAGE.R OO PLANNING SERVICES 1330 I 12.91 I 1Zr�-Z SEIIOR PIANNER 2240 9.42 _ T 21 100 PLANIv%I� II __ _ ._ 266. 16.00 ( 256 { –L --��?c-tuu t��IDQI� 266 11.30 2.93 1 3,005 { 2,521 59,575 4�CC IUC�LCt t 1 �� DIRECT LABOR TOTAL: 1 I ESTIMATED FATE I r BASE = COST I C^S 5 ISractl� :�cirect coat pcola) .17 1s 59 A�iINTC S I'R�\T CTTE .OWE ]Ef_.-- _ 10 115 i ---- 1TIDIRECT COSTSTOTAL: ( -�-- 1 -- - ESTIMATED COSTS I COST r TRAVEL 900 _ – -- ,s 300 (1) Tr_-__1a�IFo= ------- S 1x200 (2) ?�R DIES TRAVEL SUBTOTAL: -- 3 ESTIMATED QTY COS COST _. .r- _ SUPPLIES ($pecil" earegori") _ b. EcuIR=+F hT• MATE - 12000 A . _elA�s. S 300 12000 -15 , j------ PHC� IE DISTANCE:: I I EQUIPMENT SUBTOTAL: a --" ----- -- - ESTCIMATED ---�- OSTC.. 5� SNTR►.CTS S ^ - Nm�T SI�-.--- C C' ---` L `.PSS SINIPSON, AUDIT S 8 900 --- SUBCOHTRACT5 SUBTOTAL: ESTIMATED COST 2 000 – ---:-- ; `— rI`ECiNICx' I. ADVISnRY-- � VOLU r u� S _jMCE . 0– S 2 OTHER SUBTOTAL: .- _0 , ` 2;900 S 12rc T DIRECT COSTS TOTAL: y e L t s IHaT=� cczT -- 82 57.0 _—� s PART 111 • PRICE SUPMAP.Y ----, -.•c Ca7nLGG LIS`INGS, IN- JSE E1%'T ES, PRIOR cUO'c ��10E S (lndicnle bauic !or Price car -parisor.) -- PART IV -CERTIFICATIONS - OwTRACTOR ❑ pcRcOr,FSEO ANY REVIEV. OF YO JF. 1.� A FE =RAL AGENCY OR A FEDEPALLY CERTiF1ED STATE OR LOCAL AGENCY tr. T1 E-NEL`+_ �! �•-, c' A�COLINTS OR >;rCORCS IN CONNECTION WITH ANY OTHER FEDERAL GRA -.4T GR CONTRACT ` y Eg F --j ND (11 "Yes" give name address and telephone nu.•nSer of reti•iewing office) - �1� S' CONFORMS WITH THE FOLLOWING COST PRINCIPLES i ^:s preO^sal issubmitted for use in connection with and in response to (1) This is to certif}' tl e best of r..� to --cats surimarized herein are complete, curtent, and accurate as of ei that the cost and pricing r- L and that a financial m<naze Hent capab:lity exists to fu1'}' ane accL- I further certif%' .^=t I un6erstanc account for the financial transp.ctions under this project. t:,e a�cve cost sed c��z�reer ant price ;,ay be subject to downv:ard renegotiation andlor reccup^ e..t �,:,ere -:Ding data have been determined, as a result of audit, not to have been compleF�, current anr, 2ccurate as G. the date above. ofzr 51p�6TU A E OF EXECUTION , T: that I have reviewed the cost/price summary set forth herein and the p:Gpdsec co...s�p:. rP sslbagreement award, -------------- G>1�, -- DA7E OF EXECUTION —LE Cr =.cv Ev c .. ,moo 11 FOR SU6�GRECMEP+ i 5 UNDER U.S '>A CSRANTS Form Approved S7 OR PRICE S_h,hi„RY FORh;. 031E Pro. 15a-R414! VC-0 furry) instructions before corrplPttr. thts (See ac_corr.panying i --- PART 1-GENERAL--- - 1� i�tA `i tiU}d?=•� P0092.00-01-3 & P00932.5-01-1 I. GRANT-- ` City of Newport Beach — --- —__--�---_ l A- I— .^.r PAO105AL 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 1 Local Match ___. - !]ncludo ZIP coda) b. 'T YP= 0= = 3. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR San Diego Creek Comprehe-nsi ve Stormwater Sedimentation 3300 Newport B.1 vd. - Control Plan— Newport Beach, CA 92663 Newport _ PART 11-COST SUMMARY ESTI- HOURLY=5ri'JATtD TOTALS 7. DIRECT LABOR (Speel17 Jobor categories) MATED COS- HOURS RATE - 1040 ; 10 !s 1� f :•'�$ t ssocia e anner` .74 440 i5.80 69 2 � vance anning Administrator 1 0 4 20.93 Ianning erector 936 16.99 1 a$Q moi: Y Assistant C i tv En sneer 400 22.88... P u o l i c 4� o r k s Director Etom attached sheet) i TOTAL: DIRECT LABOR .S. IMATED = 6r ? ;may oif 3. INDIRECT COSTS (Spvclly fndtroct cost pools) RATE x BASE COST ; ?_5 s 55432 Is 13858 ver ea on erect La or ___ {- 69290 INDIRECT COSTS TOTAL: TiCO3T5 9. OTHER O;RcC'r j ESTIMATr _ S Cos. n, 1 u....r go - 1� TRI.S5PORTA710N - j -.^y"•---a rr ,;^}, �- - - 1 c2i E R O I E M TRAVEL SUBTOTAL: t-• ,; _ .�✓K .� 6.a i y'lrii%''__” �"'=::. 1D � 1 L V _..w •` } t a:.r -5,. � Y Y ' t - :S.T 1 W AT E D i - GAte Doles SUPPLIES (Spvcily R ) QTY COST COST s% b. EOUIPMEN7, MATERIALS, Is „� r S Xerox 2000 @ _.15 1 425.00 Telephone„ ._.... --�—s EgUIPm,E'IT SUBTOTAL Y-Y�+i+_+v+•✓.I'•.'-_'^_-•t / 2 C f "" "r �•-^ y-fey-+fir..• h.yj,_N..s.• `7'•.r i�, ri.:t' COST C. SU9CONTRACTS Consul tant Donald Silila�On, Enqi neer n Management 1 800_ Audit 9,300 SUBCONTRACTSSUBTOTAL: ESTIMATED d, OTHER (Sp"ctt)r cntegorlsv) COST i .r j s technical advisor committee2�00 o untary services, i , or Interim Plan 7 2 , 000 OTHER SUB1O7AL: S e.' OTHER DIRECT COSTS TOTAL: - S 82 515 , to. TOTAL ESTIMATED COST _ 8 2 , 515 11 TOTAL PRICE PAGE 5 EPA Fwn 576(J-d1 ;2-75) PART III -PRICE SUMMARY 13 COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOT_S (Indicate bssis for price comparison) PPOP05ED PRICE J m 1# .._ PART IV-CERTIFICATIONS 14. CONTRACTOR - 14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AG=K:Y P=== ='OFD A4Y REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT O� CON-=-tCT -alq TwE PAST TWELVE MONTHS? QYES Q No (rl "Yes" give neare addrres and telephone number of reviewing oLEce} _ 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES .Federal Management Circular 74-7 & 74-4 This proposal is submitted for use in connection with and in response :e (1; G ra n t N umbo rs '=P009200-01-3 & #P009325-01-1 . This is to ce:nH:v'D rhe tZest of my 1,nowlnige and belief that the cost and pricing data summarized herein are cormple-e- c--- -'_ a^d accurate as of (�) October 22, 198 0 and that a financial manage me;: ca. a='_-: eY_;Sts to fully and accu- rately account for the financial transactions under this project. 1 fu she: _cderstand that the subagreernent price may be subject to downward renegotiation and%or the above cost and pricing data have been determined, as a result of audit; not to have bin cam-^ L-, -,, -ent and accurate as of the date above. (3) - DATE. OF EXECUTION 14. GRANTEE REVIEWER I certify that 1 have reviewed the cost/price summary set forth herein ccs,s/price appear acceptable for subagreement award. r DATE OF EXECUTION 16. EPA-P.EVIEWEP (11 opplicebl�)--••'-' DATE OF EXECUTION - •i ___ =_ =c i'E r•cR EPA F-1 57;? -41 (2.76) PAGE 2 OF 5 esti - Hourly 7. DIRECT LABOR _ rated Rate Estimated I Cost TOTALS 7 u _ __ - City Manager 208 29.20 6072 City Attorney 40 1 22.90 908 erica— 416 1 6.31 2624 ccounti ng I 96 6.00 576 SUB TOTAL. I I 10180 2. SU CO;'. l RhCTO�: 3. PR^DUCT (TASK) 140':X CG.'IDLETED DURING THIS PERIOD 5. WORK OFF SCHEDULE 5. CL:';GES REQUIRED IN SCOPE OR SCHEDULE 7. dt: DG E T RE ADJUS T hiE NT 8. CC-STS THIS PEEP.IOD °. CCSTS TO DATE I0. BUDGET gg r N 101URI 101n CALIFO�a1331 600 !Doth Commonwealth Avenue ®Iuite 1000 • !_cr AnAffocl All On OF COVE en M E nu geles • California o 90005 •213/385-1000 co January 21, 1981 Jq N�� 7 rll City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92563 RE: SCAG/ Cities of Newport Beach/ Irvine 208 Phase II and III Cooperative Agreement and Cities of Newport Beach/Irvine/ Boyle Engineering Contract Dear City Clerk: Enclosed is one executed copy of the SCAG/Cities of Newport Beach/Irvine ?08 Phases II and III Cooperative Agreement in an amount not to exceed $317,000. ;Dote Cooperative Agreement Paragraph 10 Method of Payment/ Reimbursement Requirements Section h, regarding the 30 day time p -period for identdying,Jscheduling and budgeting in-kind services. The EPA approval of the cooperative agreement. is effective per dates referenced in the agreement. EPA requires the following revisions to the Cities of Newport Beach/Iry-ine/ Boyle Engineering Agreement. 1. Paragraph V must specify a cost -plus -fixed -fee type of contract, which establishes a cost ceiling that can be increased by formal amendment, and a fixed fee (profit) that can be increased only if the scope of work is increased by formal amendment. Attached is the clause that must be included in Para- graph V. 2. Submit a list of subcontracts, indicating the firm's names and type of service provided, and amount of each subcontract. If a subcontract amount exceeds $10,000, a cost summary, form 5700--41, must also be completed and sub,iitted. (5700-41 form attached). It is also advised that each subcontract price must be supported; i.e., by an independent cost quotation or cost summary, to the prime contractor, -in order for that subcontract amount to be included in City Clerk City of Newport Bea.-„ Page 2 the prime's proposal. If the subcontract amount is not supported, it may be a disallowed cost at time of audit. Let us know if you should have any questions. We look forward to working with you in this effort. Sincerely, i W.O. Ack mann, Jr.(� Director of Programming and Evaluation WOA:JB: bn Enclosure cc: Robert Lennard, City of Newport Beach Jock Millna, City of Irvine