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HomeMy WebLinkAboutC-2334 - Six (6) Bioassays in Newport HarborJune 11, 1982 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 cry � Marine Bioassay Labs 1234 Highway 1 Watsonville, CA 95076 Attn: John C. Hansen, Executive Director Enclosed are the original and one copy of the Agreement between the City of Newport Beach and Marine Bioassay Laboratories in connection with 6 bioassays in Newport Harbor. These copies have been executed by the City and MBL, but page 9 needs to be initialed for approval. I Please retain the copy for your records and return the original Agreement to the City Clerk's office. Your immediate attention is highly appreciated. Sincerely, Wanda E. Andersen City Clerk WEA:lr encs. cc: Marine Dept /Dave Harshbarger 1 3300 Newport Boulevard, Newport Beach NAME AND ADDRESS OF AGENCY AL9ERT M. BENDER CO. INC 50 FRANCISCO STREET SAN FRANCISCO, CA 94133 TEL: 415-391-2600 COMPANIES AFFORDING COVERAGES COMPANY A GREAT AM f14ER'�I1TtS��iL4NCE COMPANY LETTER �UtDCgPLIUN U1 UPtRAIIUNSILOCATIONSNEMCLES Certificate Holder named as Additional Insured as respects All operations of the Named insured as Covered by the Policy and all endorsements Thereto. Cancellation: Should any of the above desj ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mall _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF NEWPORT BEACH Marine Department 3300 Newport Blvd. Newport Beach, CA 92660 Attn: Tony Melum APORD 25 (1J9) DATE ISSUED. Alen 1 1982 Jardine Insura�ryce� rokers, Inc. by' `mot � J AUTHO D EPRESENTATIVE °TTERNY B S$ CITY OF COMPANY LETTER TYPE OF INSURANCE L POLICY EXPIRATION DATE NAME AND ADDRESS OF INSURED AGGREGATE COMPANY /� - r Kinnetic Laboratories, Inc. LETTER ■ V b GENERAL LIABILITY — MARINE BIOASSAY LABORATORIES Y D — BP2687624 10 BODILY INJURY P.O. Box 1040 8 LETTER COMPREHENSIVE FORM - Santa Cruz, California 94061 COMPANY E CITY CLERK PROPERTY DAMAGE $ LETTER % This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this y uirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance aHor ep li 'e herein is subject to all the terms. exclusions and conditions of such ooliries. HAZARD ❑ �UtDCgPLIUN U1 UPtRAIIUNSILOCATIONSNEMCLES Certificate Holder named as Additional Insured as respects All operations of the Named insured as Covered by the Policy and all endorsements Thereto. Cancellation: Should any of the above desj ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mall _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF NEWPORT BEACH Marine Department 3300 Newport Blvd. Newport Beach, CA 92660 Attn: Tony Melum APORD 25 (1J9) DATE ISSUED. Alen 1 1982 Jardine Insura�ryce� rokers, Inc. by' `mot � J AUTHO D EPRESENTATIVE Limits of Liability in Thousands ) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY A In BP2687624 6 -5 -83 BODILY INJURY $ 8 COMPREHENSIVE FORM ❑PREMISES— OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD El PRODUCTS /COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE E $ 1,00o El BROAD FORM PROPERTY COMBINED 1,000 DAMAGE ❑ INDEPENDENT CONTRACTORS $ ❑ PERSONAL INJURY PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) E ❑ COMPREHENSIVE FORM BODILY INJURY E ❑ (EACH ACCIDENT) OWNED ❑ HIRED PROPERTY DAMAGE E ❑ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND PROPERI'V DAMAGE $ $ ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY a Ito- ,I ncnoeul I OTHER �UtDCgPLIUN U1 UPtRAIIUNSILOCATIONSNEMCLES Certificate Holder named as Additional Insured as respects All operations of the Named insured as Covered by the Policy and all endorsements Thereto. Cancellation: Should any of the above desj ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mall _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF NEWPORT BEACH Marine Department 3300 Newport Blvd. Newport Beach, CA 92660 Attn: Tony Melum APORD 25 (1J9) DATE ISSUED. Alen 1 1982 Jardine Insura�ryce� rokers, Inc. by' `mot � J AUTHO D EPRESENTATIVE .t ORIGINAL � AGREEMENT NO. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MARINE BIOASSAY LABORATORIES THIS AGREEMENT is made and entered into this Zf day of S�dr� 1982, by the CITY OF NEWPORT BEACH (hereinafter called "City "), acting by and through its City Council (hereinafter called "Council ") and MARINE BIOASSAY LABORATORIES (hereinafter called "Contractor "). WHEREAS, Contractor has in the past conducted a bioassay evaluation pursuant to the acquisition of a United States Department of the Army, Corps of Engineers permit to discharge dredged material into the ocean utilizing the Imple- mentation Manual developed by the Environmental Protection Agency/ Corps of Engineers Technical Committee on Criteria for Dredged Material entitled "Ecological Evaluation of Proposed Discharge of Dredged Material into Ocean Waters; Implementation Manual for Section 103 of Public Law 92 -532 (Marine Protection, Research, and Sanctuaries Act of 1972)," July 1977, Environmental Effects Laboratory, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi (hereinafter called. "Manual "); and WHEREAS, City needs such bioassay services conducted in order to complete the biological evaluation of the potential environmental impacts of the discharge of dredged material into ocean waters pursuant to the acquisition of a permit from the U.S. Army Corps of Engineers to discharge dredged material into the ocean; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. GENERAL SERVICES TO BE PERFORMED BY CONTRACTOR A. Collect all sediment samples for bioassay evaluation. B. Collect and maintain in culture all organisms used in bioassay evaluation. C. Conduct bioassay evaluation using the COE /EPA Implementation Manual (Manual) guidelines and approved modification thereof. Conduct mechanical analyses using LACOE guidelines. D. Conduct statistical evaluations of bioassay results. E. Prepare a comprehensive report of the bioassay evaluations F. Provide assistance to the City of Newport Beach when obtaining final bioassay approval for ocean disposal of dredged material from U.S. Army Corps and EPA. 1 II. SPECIFIC SERVICES TO BE PERFORMED BY CONTRACTOR Overall guidance and procedures for bioassay evaluations are based on Public Law 92 -532, Section 103, the Marine Protection, Research, and Sanctuaries Act of 1972, and the EPA /U.S. Army Corps Implementation Manual, entitled "Ecological Evaluation of Proposed Discharge of Dredged Material Into Ocean Waters ", hereinafter referred to as the "Manual ". U.S. Army Corps and EPA approved modifications, based upon regional variation of physical /chemical parameters, testing procedures, and types of organisms used for bioassay are as follows: A. Seawater 1. Collection Seawater in lieu of disposal site seawater in all bioassay phases will be collected from a local source provided it has similar physical and chemical charac- teristics to disposal site seawater. Suitability will be determined on a one -time basis using the following chemical determinations: a. Metals 1. Cadmium 2. Copper 3. Lead 4. Mercury b. Nitrogen 1. Ammonia 2. NH4 c. Salinity d. Petroleum Hydrocarbons e. pH value 2. Temperature An experimental and acclimation seawater temperature of 15 ± 1 °C will be used. B. Sediment 1. Dredged Material Samples of dredge site sediment to be used for bioassays 1 N II.B.1. (continued) will be collected from multiple localities within each site boundary and composited into common sediment samples representative of sediments within each of the three bioassay sample areas. Within each of the six areas, the dredging zone will be subdivided into approximately 100 m2 units. Three of the units will then be randomly selected for sampling. Each unit will then be subdivided into 24 four -m2 sampling points. One core sample (6.25 cm diameter) will be obtained from each sampling point. Each core sample will be visually described and five of the 25 from each unit will be randomly selected, quanti- tatively subsampled and retained for individual particle size analysis. The total of 75 core samples for the three units will be composited at the laboratory to supply the 70+ liters of sediment required for each bioassay. Samples are collected by SCUBA divers and placed into cleaned polyethylene bags within 20 gal. insulated coolers with a 2 -liter block of sea ice. Samples will then be transported to contractor's laboratory for processing. In addition to the core sample analyses, the available literature data on chemical and physical characteristics of Newport Bay will be reviewed and synthesized. Liter- ature to be obtained for this purpose will be limited to generally published literature and those unpublished reports on hand at the U.C. Irvine campus and the City of Newport Beach. 2. Reference Sediment The proposed reference site is located 1000 meters east of the disposal site (LA3). The approximate depth is 400 meters. If a preliminary bioassay of reference sediment indicates the material is contaminated, an uncontaminated control site with similar sedimentological characteristics will be selected and used in addition to reference site sediment. C. Test Organisms The following species are proposed for use in the mainten- ance dredging bioassays and have been approved for use in the Los Angeles District. 1. Elutriate Bioassays Zooplankton: Acartia tonsa Crustacean: Acanthomysis sculpta Fish: Citharichthys stigmaeus • II.C. (continued) 2. Solid Phase Bioassays Crustacean: Acanthomysis sculpta Mollusc: Macoma nasuta Polychaete: Neanthes arenaceodentata D. Bioaccumulation The mollusc of choice for bioaccumulation is Macoma nasuta. An examination time of twenty days with a two (2) day depuration in a clean environment is proposed. Whole tissue homogenate will then be examined for the following con- stituents: 1. Trace Elements a. Cadmium b. Copper c. Lead d. Mercury e. Silver f. Chromium g. Zinc h. Tin i. Arsenic 2. Petroleum Hydrocarbons and Oil & Grease 3. Polychlorinated Biphenyls, Organohalogen Compounds and Chlorinated Hydrocarbons E. Quality Control In addition to the quality control measures stipulated in the "Manual" those additional quality control measures specified and described in "Technical Proposal for Bioassay Evaluation of Dredged Material Disposal from Newport Harbor" by Marine Bioassay Laboratories, 25 February 1982 as submitted by Contractor to City and as approved by the Los Angeles District Corps of Engineers shall be incorporated by Contractor. F. Progress Reports Contractor shall submit to City monthly progress reports from the beginning of contract which reflect the status of current work, adherence to schedule, and projections for adherence to time table. G. Final Evaluation Contractor agrees to furnish City with five (5) copies of 4 0 0 II. G. (continued) final evaluation report. This final evaluation report will be subject to the approval of City. Any changes or additional work required to obtain such approval shall be performed by contractor as quickly as possible. Contractor shall receive no additional compensation because of additional work required to obtain said acceptance and approval provided, however, that such additional work is described in A through F above and does not constitute a change in the plans, specifications or character of the work. All data and analyses accumulated and paid for pursuant to this Agreement shall be the property of City, except that Contractor shall have the right to use such data and analyses for publication in accepted scientific journals or for use in scientific presentations where Contractor received no income for such publications or presentations. If such data is published, prior credit shall be given in said publication to the City of Newport Beach for support funding. III. DEFINITION OF SAMPLING SITES Bioassay testing will be conducted on samples from six areas in the Newport Harbor maintenance dredging zones as described in II.B.1. The boundaries for the areas are A, B1, B2, B3, C and D as indicated in Figure 1 (attached). IV. COMPENSATION A. Amount The total sum due Contractor for the satisfactory performance of all "Services to be performed by Contractor" Section II.A. through G. shall be $34,446.76 (Thirty -four thousand four hundred forty -six dollars and seventy -six cents). B. Billing Estimates shall be made monthly of the amount and value of the work and services performed by the Contractor under this contract, such estimates to be prepared by the Contractor and accompanied by such supporting data as may be required by City. Upon approval of such estimate by City, payment upon properly certified vouchers shall be made• to the Contractor as soon as practicable of up to 90% of the amount as determined above, less all previous payments. Upon satisfactory completion by the Contractor and acceptance by the Contractor and acceptance by City of the work done by the Contractor in accordance with the foregoing "Services to ij �� ISI�Np ' IBM r N'•N( CNINN(L r;`; 1, �0 C ' p LIDO D ,• B� ISLAND� N • 2 Areal division of Middle and aW Lower Newport Bay based on sediment chemistry parameters (boundaries are approximate). , o � AA'r i HtAAC.4 l'ltdUA o S t ISLE oc.[� s^0•e[ eAL9oA B3 y %/ N[•PUI OVM1[S Y.•IN♦ 0 ICCr .. loq IiA ' 0 +C r(•S S'Q'4N Fig_ u`, Dredging Locations of Middle and Lower Newport Bay 6 IV.B V A. C. 0 (continued) be Performed by Contractor ", the the unpaid balance of any money said estimate. GENERAL SERVICES Period of Services E Contractor will be paid due for work included in Contractor shall submit all required materials according to the following schedule: 1. Within one (1) week after the receipt of a written Notice to Proceed, Contractor shall submit to City a time schedule for all work to be conducted. 2. Contractor agrees to commence work on this project seven (7) days after receipt of written Notice to Proceed. 3. Within 100 days following receipt of written Notice to Proceed, Contractor will submit to City a final evaluation report. City shall then forward copies to Los Angeles District Army Corps of Engineers for approval. 4. All days are calendar days and run concurrently starting with Contractor's receipt of Notice to Proceed. Materials and Labor Contractor, with full knowledge of the kind, quantity and quality of services and work required to be performed, agrees to furnish all services, labor, material, subsistence and transportation necessary to perform the obligations required by this Agreement. Variations in equipment or procedures from those described in the Manual are subject to prior approval of City. Any modifications in equipment and /or methodology made by Contractor and approved by City from those outlined in the Manual shall be described in the narrative of the Final reports. Inspection of Work City or its authorized representative(s) shall at all times have access to the bioassay during its collection, maintenance, preparation and experimental phases. Contractor shall furnish every reasonable facility for ascertaining that the materials used, methods employed, and the workmanship are in accordance with the requirements and intentions of this contract and the guidelines of the Manual. 7 0 V. (continued) D. Extra Work In the event that extra work is required to obtain approval from the United States Army Corps of Engineers to ocean dispose of the dredged material obtained from a project site, and said work is not that which is required to be performed under this Agreement, City may order Contractor to perform such extra work. Contractor shall bill City in accordance with the following schedule of charges: Task Budget LABOR Title Pay per Hour Project Administrator $19.50 Project Manager 13.50 Staff Scientist III 13.50 Staff Scientist II 10.00 Staff Scientist I 7.00 Engineer II 11.50 Statistician 10.00 Computer Technician 10.00 Graphic Staff 10.00 Clerical Staff 7.00 INDIRECT COSTS 1. Overhead @ 140% of Labor 2. Additional Insurance (field only) @ 178 of field labor DIRECT COSTS 1. Consummable Supplies 2. Consultant fees 3. Travel costs (ground @ $0.20 /mi) (air @ $120 /round trip) 4. Per diem @ $45 /man day 5. Equipment use fees PROFESSIONAL FEE 1. 128 of task budget ti .. VI. A. 0 INDEMNITY, WORKER "S COMPENSATION, INSURANCE Indemnity Contractor agrees and guarantees at all times to defend, indemnii5y and hold harmless City, its Councils, officers, agents, representatives and employees of, from and against any claims, charges, damages, costs, expenses (including attorney's fees), judgements, civil fines and penalties, liabilities or losses of any kind or nature whatsoever which may be sustained or'suffered by or secured against City, its Councils, officers, agents, employees and representatives, by reason of personal injury, bodily injury or property damage arising in whole or in part from or caused directly by acts or omissions of Contractor, its officers, agents, employees, subcontractors, licensees, invitees, or suppliers arising out of the performance of this Agreement regardless of whether the act, omission or negligence of City, its Councils, officers, agents or employees contributed thereto, provided that this indemnification and hold harmless agreement shall not be applicable to any liability based upon the sole active negligence of City. B. Workers' Compensation By signing this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and it will comply with such provisions before commencing the performance of its obligations under this Agreement. C,Ji Ri t C. Public Liability Insurance f)�M��Ad FldP /t/ ptt�) Contractor shall maintain in effect throughout the term of this Agreement public, liability insurance with minimum limits of five hundred thousand dollars ($500,000) covering injury of death to any one person, one million dollars ($1,000,000) covering injuries or death resulting from each accident or occurrence, and fifty thousand dollars ($50,000) covering property damage arising out of any one occurrence or accident. W VI. MISCELLANEOUS A. Contractor to Abide by all Laws Contractor shall, at all times, in its use and occupancy of the premises and in the conduct of its operations thereon, comply with all laws, statutes, ordinances, rules, and regu- lations applicable thereto, enacted and adopted by Federal, State, regional, municipal or other governmental bodies, or departments or offices thereof. In addition to the foregoing, Contractor shall comply immediately with any and all official directives under authority of any such law, statute, ordinance, rule, or regulation. Contractor agrees not to discriminate in its employment practices against any employee or applicant for employment because of the applicant's race, religion, national origin, ancestry, sex, age, or physical handicap. B. Assignment Contractor shall not assign or hypothecate this Agreement or any payments thereunder without first obtaining the written approval from City. C. Contractor to be an Independent Contractor Contractor is an independent contractor and not an agent or employee of City and shall have no authority to act as an agent of City, nor to enter into any agreement for or on behalf of City or Council. 10 ., VII (continued) D. Attorney's Fees If either party brings an action or proceeding to enforce, protect, or establish any right or remedy arising out of or based upon this Agreement, including but not limited to the recovery of damages for its breach, the prevailing party in said action or proceeding shall be entitled to recovery of its costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first day herinabove written. Date: CITY ATTORNEY yy} 8r.__. lIIC City of Newport Beach, by its City Council By Attest: j�r� IA/iliyC MARINE BIOASSAY LABORATORIES M- Executive Director MBL Principal, 11 i 6 6 (st May 24, 1982 TO: FROM SUBJECT: Recommendation: CITY OF NEWPORT BEACH Marine Department CITY COUNCIL Marine Department AGENDA ITEM NO. F -16 Sew C,—a23 ifvn L IAC 01 THE CTTYIS BLANKET DREDGING PERMIT 1. Approve a Budget Amendment of $35,000 to fund the bioassay portion of the Blanket Dredging Permit renewal. 2. 0198aftsftff to contract with Marine Bioassay Laboratories for the required bioassay work. 3. Approve in concept staff's proposal that the bioassay cost be borne by City, County and dredging applicants. Discussion:. In February 1974 the Army Corps of Engineers (ACOE) issued a Blanket Dredging Permit to the City of Newport Beach. This permit allowed the City to approve dredging within the.harbor for up to 100 cubic yards, and all dredged spoils had to be hauled to sea and dumped. This permit was valid for five years. The City, realizing the need to use this dredged material, continued to pursue the matter with the ACOE to get approval to use this dredged material to replenish City beaches. In May 1977 the ACOE revised the existing permit to allow dredging of up to 200 cubic yards and also to allow most of the dredge material to be used for beach replenishment, rather than be hauled to sea. This revision was valid for five years and extended the "Blanket Permit" to May of 1982. The acquisition of the above two permits and particularly the 1977 revision, required staff to demonstrate to the Environmental Protection Agency (EPA) that the material proposed for beach replenishment met certain physical and chemical criteria. The principle criteria at the time were in regard to certain heavy metals content and granular size. The necessary testing was performed by an independent engineering firm on samples provided by City staff. There were essentially no requirements for the material that was to be hauled to sea and dumped. In July of 1977 the EPA and the ACOE, pursuant to Public Law 92 -532, issued new criteria for material that was to be hauled to sea. Specifically, any permit issued by the Corps for material hauled to sea required a bioassay for each dredging site. At the time this requirement was enacted, bioassays were costing between 20 to 50 thousand dollars each; currently due to improved scientific techniques, they cost between 5 to 10 thousand dollars each. As part of the renewal of our Maintenance Dredging Permit, we will have to comply with the bioassay requirements. In an attempt to reduce the costs of this process, the City sought to convince the ACOE and the EPA that a representative number of bioassays could be done. A rationale was prepared by a City consultant and submitted to both the ACOE and EPA. Based on this rationale, these two agencies agreed that the harbor could be divided into six areas and one bioassay done for each. (See attached map). The City then sought bioassay proposals from contractors recommended by the ACOE. Proposals were submitted by Marine Biological Consultants, Marine Bioassay Laboratories, and Lockheed. These proposals were then forwarded to both the ACOE and the EPA for technical evaluation. Both these agencies rated Marine Bioassay Laboratories highest (see letters attached), and this contractor also submitted the lowest cost estimate. Cost estimates were: Marine Bioassay Laboratories $34,446 Marine Biological Consultants $50,000 Lockheed $36,458 The cost proposal for each contractor is attached for Council's information. The technical proposals, because of their size, have not been included in this report but are available at the Marine Department. Based on the above, the City staff is recommending that the City contract with Marine Bioassay Laboratories for the required bioassay work. Also, in an effort to defray the cost of the bioassays, the staff is recommending the following: 1. That the City pay one -half this cost initially, equalling approximately $17,500, to be recovered over the life of the permit by user fees. 2. That the County of Orange assume 25% of the cost, or $8750, due to dredging requirements they have for County tidelands l6cated within the harbor,..and that.the.County be named on the permit along with the City. 3. That the Irvine Company assume 25% of the cost, or $8750, because they are the largest single user of the tidelands in the City and they currently plan several large dredging projects over the life of the permit. In recognition of this initial contribution, they would not be required to pay additional dredging permit fees during this permit period. Both the County of Orange and the Irvine Company have agreed to participate as outlined above. f These recommendations have been reviewed by the City Council Tidelands Affairs Committee and have received its approval. DAVID HARSHBARGER Marine Director Tcny Me 7m Tidelands Administrator s } �'.. r Attachment 7. a x / fF( Areal division of Middle and { Lu,: r Ilevport Day based on sedim:,nt chemistry parameters o (bcrniaries are approximate). n L ND- Y 4 ,F.: Ler / 7 +6,, t• 4 '-L�tID E l�i N %.N N 4 ! ,� ` .. FLET SPLCO -R 6 6 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P, O. Box 2711 LOS ANGELES, CALIFORNIA 90053 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 Dear Mr. Melum: i kr i? 1y?2 Reference is made to your letter of 5 March 1982, requesting a technical review of the proposals for bioassay testing in Newport Bay. My staff reviewed the proposals, from a technical standpoint only, for understanding the scope of objectives of the required work, completeness of response, and firm's capabilities. The Marine Bioassay Laboratories proposal is acceptable as submitted. The proposals by Marine Biological Consultants and Lockheed would be acceptable with some minor modifications. Should you so desire, we suggest that you discuss such changes in a conference call with Mr. Eric Yunker, U. S. Environmental Protection Agency, (415) 974 -8331, and Mr. Russell Bellmer, (213) 688 -5421. Sincerely, W. H. Mahoney Acting Chief, Construction - Operations Division f , 1 UNITED STATES ENVIRONPAENTAL PROTECTION AGENCY REGION IX 215 Fremont Street San Francisco, Ca. 94105 In Reply W -5 -1 May 11, 1982 Refer to: PEA 4 -5 Mr. Tony Melum Tidelands Administrator City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Melum: We have received your proposed bioassay evaluation plan to obtain an ocean, disposal permit for dredged material from Newport Harbor. The Environmental Protection Agency approves of the proposed plan as submitted by Marine Bioassay Laboratories, February 25, 1982 including the species list and all other procedures for use in the bioassays. By copy of this letter we have advised the Los Angeles District Corps of Engineers that we concur with your proposed bioassay procedures. Should you have any questions regarding this matter, please contact Mr. Eric Yunker at (415 974 -8331. Sincerely yours, Wiliam H. Pierce Chief, Technical Support Branch Water Management Division cc: Russ Bellmer Los Angeles District Corps of Engineers (Page 1 of 3) Cost Proposal for Bioassay Evaluation of Dredged Material Disposal from Newport Harbor for: City of Newport Beach, California by: Marine Bioassay Laboratories 1234 Highway One Watsonville, CA 25 February 1982 Marine Bioassay LaboraV—i S 0, . • (Page Z of 3; • TASK LIST 1. Field Investigations and Organism Collections 1.1 Sediment sample collection and transport for bioassay & bioacc,-^ ulztion tests. 1.2 Harbor sediment data analysis and comparisons 1.3 Disposal site water /Davenport water collection, analysis and comparison 1.4 Acartia tonsa collection and maintenance 1.5 Acanthcmysis sculcta collection and maintenance 1.6 Citharichthys sti maeus collection and maintenance 1.7 Maccma nasuta collection and maintenance 1.8 Neanthes arenaceodentata purchase and maintenance 2. Elutriate Bioassays 2.1 Laboratory and elutriate preparation 2.2 Performance and monitoring of fish and mysid bioassays. 2.3 Performance and monitoring of Acartia bioassays 3. Solid Phase Bioassays 3.1 Laboratory preparations 3.2 Test performance and monitoring 4. Bioaccumulation assessment (20 -day) 4.1 Laboratory preparations 4.2 Treatment exposure 4.3 Chemical analysis of tissues 5. Data Reduction and Statistical Analysis 6. Report Preparation 7. Project Management and Administration (55) p .c TASK Marine Bioassay Laboratories 0 (Page 3 of DIRECT LAWR MATERIALS TOTAL INDIRECT PROFESSIONAL FEE TA`K TC ^AL 1.1 $1040.00 $1305.00 $1526,04 $464.52 $4335.56 1.2 432.00 290.00 604.30 159.22 148,.02 1.3 176,00 - 246.40 50.69 473.09 1.4 352.00 120.00 539.04 121.32 1132.36 1.5 340,00 120.00 522.24 117-87 11^v0.11 1.6 272.00 120.00 427.04 98.28 917.32 1.7 504.00 185.00 791.28 177.63 1657.91 1.8 96.00 1140.00 134.40 164.45 1534.65 2.1. 468.00 - 655.20 134.78 1257.98 2.2 788.00 50.00 1103,20 232.94 2174.14 2.3 424.00 50.00 593.60 128,11 1195.71 3.1 268.00 - 375.20 77.18 720.38 3.2 811.00 - 1135.40 233.57 2179.97 4.1 190.00 - 256.00 54.72 510.72 4.2 589.00 - 824.00 169.63 1582.53 4.2 1808.00 75.00 2531.20 529.70 4943.90 5 756.00 25.00 1053.40 220.73 2060.13 6 1004.00 650.00 1405.60 318.96 3378.59 7 594.00 250.00 831.60 129.79 1(305.39 TOTAL $34,44I5,76 *RINE BIOLOGICAL CONSULTANTS Ae 1) 12i COST ESTIMATE A. Obtain and Maintain Test Organisms Labor Associate Scientist 2 days @ 20.00 40.00 Maintenance Van 2 days @ 30.00 Associate Scientist 12 hrs @ 27.00 Direct Charges 8 hrs @ $27.00 $ 216.00 324.00 $ 540.00 Rental boat 2 days @ 20.00 40.00 Van 2 days @ 30.00 60.00 Citharichthys 850 @ 1.50 1,275.00 acoma 1,300 @ 1.50 1,950.00 eA-an- es 1,100 0 1.00 1,100.00 Acanthomysis 2,600 @ 0.65 1,690.00 6,115.00 15% Service Charge 905.25 7,020.25 Total Task A $ 7,560.25 B. Sediment Collections Labor Project Scientist 12 hrs @ 46.00 552.00 Group Scientist 22 hrs @ 35.25 775.50 Scientist 22 hrs @ 31.75 _ 698.50 2,026.00 Direct Charges Westwind 1 day @ 500.00 500.00 Van 2 days @ 30.00 60.00 Sampler (Van Veen or Dredge 1 day @ 25.00 25.00 Dive insurance 350.00 Air Slot 1 day @ 250.00 250.00 Per diem 5 mandays @ 35.00 175.00 1,360.00 15% Service Charge 191.25 1,551.25 Total Task B 3,577.25 MARINE BIOLOGICAL CONSULTANTS (Page 2) C. Experimental Preparation @ 150.00 6,000.00 Labor 40 @ 35.00 Suspended Particulate and Solid Phase Preparation Group Scientist 48 hrs @ $35.25 1,692.00 Associate Scientist 96 hrs @ 27.00 2,592.00 Assistant Scientist 48 hrs @ 20.50 984.00 5,268.00 Experimental Aquarium Preparation Associate Scientist 64 hrs @ 20.50 1,312.00 Direct Charges Seawater 1 load @ 250.00 250.00 Expendables (acids, solvents, detergents, glass tubing) 100.00 350.00 15% Service Charge 52.50 Total Task C D. Bioassays and Assessment of Bioaccumulation Potential Labor Group Scientist 76 hrs @ 35.25 2,679.00 Associate Scientist 263 hrs @ 27.00 7,101.00 Assistant Scientist 253 hrs @ 20.50 5,186.50 Direct Charges Horiba WIQ instr. 25 days @ 15.00 375.00 Jabsco pump 6 days @ 20.00 120.00 Expendables 100.00 Tissue Chemistry 9 metals 40 @ 150.00 6,000.00 Halogenated hydrocarbons 40 @ 35.00 1,400.00 Petroleum hydrocarbons 40 @ 75.00 3,000.00 Oil and grease 40 @ 30.00 1,200.00 12,195.00 15% Service Charge 15.00 Total Task D 6,580.00 402.50 14,966.50 12,'210.00 13 6,982.50 27,176.50 i1ARINE BIOLOGICAL CONSULTANTS (page 3) 1 ' 14 E. Data Analysis, Report Preparation, and Administration Labor Group Scientist 60 hrs 0 $35.25 2,115.00 Associate Scientist 56 hrs O 27.00 1,512.00 Clerical 32 hrs 0 28.50 912.00 4,539.00 Direct Charges Xerography 50.00 Telephone 100.00 150.00 15% Service Charge 22.50 172.50 Total Task E 4,711.50 SUMMARY A. Obtain and Maintain Test Organisms $ 7,560.25 B. Sediment Collections 3,577.25 C. Experimental Preparation 6,982.50 D. Bioassays and Assessment of Bioaccumulation Potential 27,176.50 E. Data Analysis, Report Preparation, and Administration 4,711.50 TOTAL $50,008.00 Costs associated with grain size analysis for beach replenishment/ disposal will be $66.32 /sample. Labor and materials expended in obtaining the samples will be billed additionally, based upon labor billing rates and costs. LOCKHEED (Page 1 of 2) 13 12.0 COST SUMMARY LMSC- 0086693 -02 12.1 CONTRACT PROVISIONS Lockheed Missiles & Space Cofapany, Inc., proposes to enter into a fixed pr _� contract with the City of Newport Beach, to accui:aplish the proposed effort described herein. Upon notification of award, Lockheed will perfona the curt.-act subject to, and in accordance with, mutually agreed upon terms and coed "ions. 2.2 COST The costs contained herein are based on Lockheed's estimate of the effort re;u:red to conduct the six dredge material bioassays for the City of Newport Le,cn. Fixed prices are provided for three options which are described as f011cws. lj Option 1: Standard Bioassays Provides for the performance of the dredge faaterial bioassays using standard techniques, as described in Section 4.1 through 4.2 of this proposal. 2; Option 2: Range- Finding Bioassays Provides for the performance of the dredge faaterial bioassays using preliminary range- finding tests (Section 4.3) prior to the performance of standard tests. This option would reduce the number of test con- centrations required and reflects a cuncoiu:iitant .lecraase in cost. Option 3: Mechanical analysis - rJ'.`4i's the "Jni "' cost of dfwiJ� s Ui ,OUO sy.,are yards of ." �.a, aril assrff:; beach. This "option" is provided to give the City an estimate of tJie cost for performing this task, since the quanti�y of dreag? :':aterial -56- l LOCKHEED (Page 2 of 2) Lt ^SC- UUB5oy3 -U2 to be analysed is not specified at this tine. The cost for this "option ", or a multiplier thereof (once the quantity is determined), must be added to the cost of Option I or Option 2 to obtain the total fixed price for the prescribed proyraio. It should be noted that the indicated "unit" cost is based on the assu!iption of an award to Lockheed of either Option 1 or Option 2. 12.2.1 Total Estimated Cost The fixed price for each of the options, as described above, is as follows. Option 1: .$40,173 Option 2: $36,458 Option. 3: $75 per 1,000 sq yd dredge area 12.3 PERIOD OF PERFORMANCE The period of preformance is estimated to be 3 months comriencing on or about 1 April 1982. 12.4 SCHEDULE The baseline schedule proposed is shown in Figure 8 (Section 8). It should he considered tentative and can he nudified by joint agree,!ent of Lockheed and the City of Newport Beach, as necessary. 12.5 BILLING AND PAYMENT PROVISIONS Tne City of Newport Beach will pay Lockheed FlissileS y Space Crw�pany, Inc., C'? opr 9motint claimed upon receipt of the invoice wnich Will be rendered a;;.;ro/cimately 14 days after coopletion of the effort dQscrib,2d ner�in.