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
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Kinnetic Laboratories, Inc.
LETTER
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GENERAL LIABILITY
—
MARINE BIOASSAY LABORATORIES
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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
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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
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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
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Areal division of Middle and aW
Lower Newport Bay based on
sediment chemistry parameters
(boundaries are approximate). ,
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S t ISLE
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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
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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.