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HomeMy WebLinkAboutC-2987(E) - Upper Newport Bay Sediment Control/Enhancement - Unit III, Mapping ServicesJ is • BY THE CITY COUNCII CITY OF NEWPORT 8EA AUG 2 6 August 26, 1996 CITY COUNCIL AGENDA ITEM NO. 9 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL C a 18 % C FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPPER NEWPORT BAY UNIT III PROJECT — AGREEMENT FOR CITY OF NEWPORT BEACH AND COUNTY OF ORANGE TO SERVE AS CO- LEAD AGENCIES AND TO TRANSFER ADMINISTRATION FOR PROJECT PREPARATION WORK FROM CITY OF NEWPORT BEACH TO ORANGE COUNTY HARBORS, BEACHES, AND PARKS. RECOMMENDATION: Approve the Agreement with the County of Orange and The Irvine Company to transfer administration for project preparation work to the County of Orange (County) and for the City and County to serve as co -lead agencies for the Upper Newport Bay Unit III project and authorize the Mayor and City Clerk to execute the Agreement. Background Since 1983, the City of Newport Beach (City) has acted as lead agency for the California Department of Fish and Game (CDFG) and the Upper Newport Bay Executive Committee (Executive Committee) to construct the in -bay basins and lower San Diego Creek basins which are elements of the Federal 208 Newport Bay Watershed San Diego Creek Comprehensive Stormwater Sedimentation Control Plan (208 Plan). In 1993, at the request of the CDFG and the Executive Committee, the City accepted that same role as lead agency to implement the Upper Newport Bay Unit III project. The City retained John M. Tettemer & Associates, Ltd. (JMTA), as consultant engineer and project manager, to develop the "mitigation" funding strategy approved by the Executive Committee; negotiate funding agreements with State and Federal resource agencies; prepare necessary environmental documentation; conduct bioassay studies required for ocean disposal of dredge material by the U. S. Environmental Protection Agency (EPA); obtain required permits; prepare plans, specifications, cost estimates, and contract documents for construction of the Unit III project; and coordinate the project with Orange County and private dredging projects anticipated adjacent to the Unit III project. The Executive Committee approved funding advanced for development of the project (to be considered project costs) eligible for reimbursements when .mitigation" funding is obtained. r • Subject Upper Newport Bay Unit III Project August 26,1996 Paget On May 30, 1996, representatives from the State Resources Agency and the State Coastal Conservancy met with City, County, JMTA, and Supervisor Bergeson's staff to discuss Unit III project status, project schedule, the estimated cost to complete project development, and funding for construction. The Resources Agency representative reported that both the State Resources Agency and the U. S. Department of the Interior support the Unit III project and that the schedule to have a project ready for advertisement in December, 1996 fits into their anticipated window for available project funding from the Resources Agency. The State Coastal Conservancy subsequently has reported that funding to complete project development, in the amount of $140,000, is available from their agency if approved by their Board. A status report presented to the Resources Agency representative and an updated project schedule and cost summary are attached. The City and County are proposing that primary responsibility for administering the project preparation work be transferred to the County to facilitate obtaining the funding to complete project development and enhance the opportunity to obtain construction and maintenance annuity funding for the Unit lit project. Additionally, the County and City will serve as co -lead agencies for services required in the attached Agreement. Current Project Status Funds needed to complete the environmental documentation, permitting, funding agreements, and preparation of the plans and specifications to advertise for construction of the project are estimated to be $140,000. Currently the City has open contracts with the following consultants working on the project: John M. Tettemer & Associates, Ltd. Project management, permitting, and design services ($7,000 remaining on contract. $105,000 estimated to complete) Toxscan, Inc. Bioassay Testing and submittal of report to EPA ($23,000 remaining on contract. City approved change order to perform resampling and retesting in June, 1996. Testing complete, report to EPA by August 1, 1996) 0 • . _ Subject Upper Newport Bay Unit III Project • August 26, 1M Page 3 • Helix Environmental Plan, Inc. Environmental documentation ($12,000 remaining on contract) Rattray and Associates, Inc. Survey, soundings, and aerial topography ($3,250 remaining on contract. $15,000 estimated to complete) M. H. Cheney and Associates Civil engineering /dredging consultant support in obtaining bioassay and LAIII disposal site approvals from EPA ($2,500 remaining on contract. $5,000 estimated to complete) Toxscan, Inc. ( Toxscan) has completed resampling and retesting of the Upper Bay and LAIII disposal site sediments required by EPA. The latest retest has provided satisfactory results for the Upper Bay sediment. Toxscan is preparing the final report for submittal to EPA by August 1, 1996. Helix Environmental Plan, Inc. (Helix) requires the final bioassay testing results from Toxscan to complete the environmental documentation. This documentation will then be transmitted to the State Coastal Conservancy Board as part of the application for the $140,000. Rattray and Associates, Inc. has completed the aerial topography, preliminary survey, and soundings. Final survey sections and soundings are needed to verify the basin and channel bottom elevations since the last rainy season. This work has been intentionally delayed until funds are available and a project bid date is more certain. Proposed Transfer Plan If approved, the transfer of administration for project preparation work to the County will be initiated now with implementation accomplished in phases over the next few weeks. See the attached project status report submitted to the State Resources Agency on May 30, 1996 with the updated project schedule and cost summary. Actions required to accomplish the transfer and maintain project scheduling presented to the Resources Agency are as follows: City continues to manage existing consultant contracts and will close out the existing contracts with July /August invoices; & • Subject: Upper Newport Bay Unit 111 Project August 26.1996 • Page 4 2. County submits application to Coastal Conservancy for remaining project development cost estimated at $140,000; 3. Approve this agreement which provides for funding to complete project development, transfers administration of project preparation work to Orange County, establishes a project management team; and establishes the County and City as co -lead agencies. 4. City, County, and JMTA work to facilitate the review and transfer of the new Environmental Assessment and amendment to the existing environmental documentation from the previous Upper Bay dredging projects to Orange County Environmental staff; 5. JMTA to submit a proposal to Orange County providing for professional services, including surveying consultant and civil engineering /dredging consultant services, necessary to complete project development for advertisement of the Unit III project by Orange County in December, 1996; and 6. City to provide Orange County and Executive Committee final accounting of the • project development activities for the Unit III project completed by the City. Agreement to Transfer Administration Terms of the agreement generally provide for the following: Apportion the estimated cost to complete project development among parties. A. County $46,666.67 B. City $46,666.67= C. The Irvine Company $46.666.66 TOTAL $140,000.00 = This amount includes $12,000.00 cost for Helix Environmental work advanced by city. Therefore, $34,666.67 is City's share. II. Establish the Unit III Project Management Committee within the Upper Newport Bay Executive Committee as follows: A. Orange County and City of Newport Beach - Lead Agencies B. California Department of Fish and Game • C. The Irvine Company r,_ . Subject Upper Newport Bay Unit III Project August 26, 1996 Page 5 III. City to complete processing bioassay through EPA; IV. City to furnish environmental documentation for the project to the County by completing the Environmental Assessment and an amendment to the existing Upper Bay projects environmental documentation; V. County to retain JMTA to provide professional project management and engineering services to complete: A. Permit processing and approval, including U.S. Army Corps of Engineers. CDFG, State Lands Commission, Regional Water Quality Board, and the California Coastal Commission, B. Negotiation of funding agreements for construction and maintenance annuity, and C. Complete design, preparation of plans and specifications, cost estimates, and contract documents. VI. Funds received by the County for Upper Newport Bay Unit III Sediment Control • and Enhancement project construction and maintenance annuity shall include reimbursement of funds advanced by the parties for project development. VII. Funds received for Upper Newport Bay Unit III Sediment Control and Enhancement project construction and maintenance annuity shall include reimbursements of funds advanced by the parties for project development. Funding Funding for the City's share of the cost is as follows: 1996 -97 Appropriation (7011- C510004) _ $25,000.00 Cost for additional environmental work (Helix) _ (12.000.00) Available = $13,000.00 Additional appropriation needed from General Fund = 21.666.67 (at the time additional contracts are authorized) Total City Share = $34,666.67 • • • Subied Upper Newport Bay Unit III Project August 26,1998 Page 6 This added funding will only be needed if the Coastal Conservancy does not approve the $140,000.00 grant. Should this occur, it will be necessary to process a budget amendment at a later date. Respectfully submitted, Caw- PUBLIC WORKS DEPARTMENT Don Webb, Director of Public Works Attachments • 0 L J PROJECT: Upper Newport Bay Unit III Sediment Control and Enhancement Project (Job No. EH21768) COST SHARING AGREEMENT This "Agreement' is made and entered into this 1996, BY AND BETWEEN AND AND COUNCIL AGEN61 Av6 1&11 NO. (_.8__.__.._ Agreement 96 -105 day of The City of Newport Beach, a municipal corporation, hereinafter referred to as 'CITY', The Irvine Company, a private corporation, hereinafter referred to as 'COMPANY', The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY.' The three entities are hereinafter sometimes jointly referred to as the "Parties', or individually as 'Party'. RECITALS WHEREAS, Newport Bay is located within the city limits of Newport Beach, and the environmental and scenic values of the bay are important attributes of the CITY. WHEREAS, the State of California owns and operates the Upper Newport Bay Ecological Reserve, hereinafter referred to as "Reserve', in the Upper Newport Bay; and WHEREAS, the State of California has granted tidelands within • Upper Newport Bay to COUNTY and CITY for public uses including navigation and recreation; and so 0 Agreement No. D96 -105 • WHEREAS, the 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 sedimentation of Newport Bay threatens to impair the 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, under the terms of a Cooperative Agreement dated September 30, 1983, the State Department of Fish and Game, County of Orange, City of Newport Beach, City of Irvine and the Irvine Company formed the Upper Newport Bay Executive Committee for the purpose of recommending • actions to their respective agencies to implement elements of the Upper Newport Bay San Diego Creek Comprehensive Storm Water Sediment Control Plan; and WHEREAS, under the terms of a cooperative agreement dated May 8, 1984, hereinafter referred to as the 'IN BAY AGREEMENT', members of the Executive Committee agreed to a °Phased Implementation Program" to construct the IN BAY ELEMENT of the Plan known as the UNIT I BASIN, UNIT II BASIN and Access Channel Sediment Control Facilities; and WHEREAS, the Upper Newport Bay Unit III Sediment Control and Enhancement Project, hereinafter referred to as the 'Unit III Project', is critically needed to maintain and deepen the Unit I Basin to manage sediment moving into the Upper Newport Bay to protect the values of the Upper and Lower Bay; and WHEREAS, CITY, at the request of the Department of fish and Game F` F' Agreement No. 096 -105 and the Executive Committee has acted as Project Manager for the Department of Fish and Game in order to develop funding, re- evaluate the plan, perform bioassays, prepare environmental documentation, obtain permits and prepare plans and specifications for the Unit III project with funds advanced by the CITY, the COMPANY and the COUNTY; and WHEREAS, the Executive Committee has approved and has reaffirmed that funds advanced by the local parties for Project Development shall be considered "Unit III Project" costs eligible for reimbursement when funding for project is secured; and WHEREAS, funding for the Project in the amount of $5,000,000 may be available from wetlands mitigation credits needed by the ports of Long Beach and Los Angeles; and . WHEREAS, the Parties wish to join together to: 1. provide additional funding needed to complete preparation of plans and specifications and obtain the permits and approvals necessary to award a dredging contract for the Project when funding is available, hopefully before the 1996 -1997 winter storm season, 2. establish a Project Management Committee for the "Unit III Project" within the Executive Committee consisting of State Department of Fish and Game, the County, the City and Company pnrtbuR MP ASI bi 1-1y Prom P woPk 3. transfer^ administration of the "Unit III Project ^from the City to the County. • NOW, THEREFORE, The Parties Mutually Agree As Follows: 1. PURPOSE -3 Agreement No. D96 -105 a. The primary purpose of this Agreement is to provide for sharing the estimated expenses in the aggregate amount of $140,000 among the Parties. b. The secondary purpose of the agreement is to provide a Project Management Committee that will make every effort to obtain sufficient funding to complete the Unit III Project and reimburse the following agencies in the estimated amounts shown. 1. City of Newport Beach $300,000 2. The Irvine Company $200,000 3. County of Orange $113,000 2. PROJECT a. For purposes of this agreement, the UNIT III Project consists of dredging to remove trapped sediment from the UNIT I BASIN and access channel and the deepening of the UNIT I BASIN. b. In order to award a construction contract for the Unit III Project, it will first be necessary to complete design and environmental work, obtain permits from the regulatory agencies and prepare the construction documents, hereinafter referred to as "the project preparation work" COUNTY agrees to award, or cause to be awarded contracts for the required Unit III Project preparation work by September 30, 1996, and to have the same completed by December 31, 1996. However, the period.for completion as set forth herein shall be extended by the period that completion is delayed by acts otherwise outside the control of COUNTY. 4. FINANCIAL ASSISTANCE -4- 0 E 0 i 0 • Agreement No. D96 -105 a. Funding for the Unit III Project preparation work is to be shared equally by the Parties to a maximum as follows: AMOUNT County of Orange City of Newport Beach The Irvine Company Total $ 46,666.67 46,666.67 46.666.66 $140,000.00* * CITY's share to include cost incurred by City to complete the environmental documentation which is currently being prepared by Private Consultant under contract to City. That cost is estimated to be $12,000. b. The Director of Harbors, Beaches and Parks, or designee, hereinafter referred to as DIRECTOR, shall have the authority to make budget . adjustments to this Agreement as deemed necessary in order to advance the purposes of this agreement, provided that such action does not in the aggregate, exceed the total amount of financial assistance specified in sub - paragraph a. 5. ADMINISTRATION a. This Agreement will be administered by a Project Management Committee, hereinafter referred to as the 'PMC'. It is the intent of the Parties that the COUNTY'S HBP DIRECTOR shall act as the chairman of this PMC. The other members shall consist of the following: CITY'S Public Works Director, COMPANY's Vice President of Environmental Affairs, the California Department of Fish and Game Regional Manager. The Newport Harbor Master will be added to the committee for the actual Unit III Project dredging. b. The PMC shall: • (1) insure good communications and coordination and to expedite any actions /changes necessary to keep the project on schedule and avoid unnecessary impacts on residents, boaters and wildlife; -5- • • Agreement No. 096 -105 (2) provide the consultants /contractors coordinated and consistent direction on the process to be pursued; and (3) demonstrate to those agencies that hopefully will assist in the financing of the project, and other "interested parties, that the local agencies most directly involved in the project are working cooperatively to promote efficiency and resolve problems quickly throughout the design and implementation of the dredging project. 6. COUNTY shall: wCp_ Lollu C +Y a. serve as the ^lead agency ,,for services required under this Agreement, within the context of the California Environmental Quality Act of 1970 as amended. other Parties. b. provide staff assistance for PROJECT at no cost to the c. invoice CITY and COMPANY for their proportionate share of the Project cost based on actual prices and costs at award of contract. d. retain all records relating to the project expenditures. Records shall be retained and made available to the Parties for review for a minimum of three (3) years after completion of the Unit III Project u construction. 6. serve " o -se„ir is o.pply 4r m.vrire 4wr- ajrow is4ar piolect pre-Wo m Work. 7. PARTIES shall: a.) Remit funds to COUNTY, as specified in Paragraph 6.d. above, within sixty (60) days of receipt of invoice. c.) grant the COUNTY and its agents and employees a revocable right to encroach on such real property as necessary for PROJECT prepsrWWOO uoorik eens&FuG&iea as set forth in following paragraph "Status of the Parties`, and for access and egress thereto. 8. NOTICES -6- . • • Agreement No. D96 -105 a. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: COUNTY: Director of Harbors, Beaches and Parks County of Orange P.O. Box 4048 Santa Ana, CA 92702 -4048 CITY: Director or Public Works City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Att: Bill Patapoff (714) 644 -3311 COMPANY: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658 -8904 Att: Sat Tamarabuchi (714) 720 -2371 INVOICES: Environmental Management Agency Financial Operations P.O. Box 4048 • Santa Ana, CA 92702 -4048 b. All notices shall be deemed effective when in writing and delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, correspondence, reports and /or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. The parties hereto may change the addresses to which notices are to be sent by giving notice of such change to the other party. 9. STATUS OF THE PARTIES The Parties are, and shall at all times be deemed to be independent organizations and shall be wholly responsible for the manner in which they perform under the terms of this Agreement. Nothing contained herein shall be construed as creating the relationship of employer and . employee, or principal and agency, between the Parties, or any of their igents or employees. All Parties assume exclusively the responsibility for the acts of their employees or agents, as they relate to services to be -7- Agreement No. 096 -105 • IN WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly authorized representative as of the date set forth above. COUNTY OF ORANGE DATE: BY: Chairman of the Board of Supervisors of Orange County, California CITY OF NEWPORT BEACH DATE: BY: MAYOR SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORK: THIS DOCUMENT HAS BEEK DELIVERED TO LAURENCE K. WATSON, COUNTY COUNSEL fHE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA BY: Darlene J. Bloom Deputy Clerk of the Board of Supervisors of Orange County, California ATTEST: LaVonne M. Harkliss, City Clerk Robert Burnham, City Attorney City of Newport Beach City of Newport.Beach KWS:unbsed `z THE IRVINE COMPANY BY: ITS: -9- • • `.4 PROJECT: Upper Newport Bay Unit III Agreement 96 -105 Sediment Control and Enhancement Project (Job No. EH2I768) COST SNARING AGREEMENT This "Agreement" is made and entered into this day of 1996, BY AND BETWEEN AND AND The City of Newport Beach, a municipal corporation, hereinafter referred to as "CITY ", The Irvine Company, a private corporation, hereinafter referred to as "COMPANY ", The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY." The three entities are hereinafter sometimes jointly referred to as the "Parties ", or individually as "Party ". ER CITALS WHEREAS, Newport Bay is located within the city limits of Newport Beach, and the environmental and scenic values of the bay are important attributes of the CITY. WHEREAS, the State of California owns and operates the Upper Newport Bay Ecological Reserve, hereinafter referred to as "Reserve ", in the Upper Newport Bay; and WHEREAS, the State of California has granted tidelands within Upper Newport Bay to COUNTY and CITY for public uses including navigation and recreation; and -I- r Agreement No. 096 -105 WHEREAS, the 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 sedimentation of Newport Bay threatens to impair the 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, under the terms of a Cooperative Agreement dated September 30, 1983, the State Department of Fish and Game, County of Orange, City of Newport Beach, City of Irvine and the Irvine Company formed the Upper Newport Bay Executive Committee for the purpose of recommending actions to their respective agencies to implement elements of the Upper Newport Bay San Diego Creek Comprehensive Storm Water Sediment Control Plan; and WHEREAS, under the terms of a cooperative agreement dated May 8, 1984, hereinafter referred to as the "IN BAY AGREEMENT ", members of the Executive Committee agreed to a "Phased Implementation Program" to construct the IN BAY ELEMENT of the Plan known as the UNIT I BASIN, UNIT II BASIN and Access Channel Sediment Control Facilities; and WHEREAS, the Upper Newport Bay Unit III Sediment Control and Enhancement Project, hereinafter referred to as the "Unit III Project ", is critically needed to maintain and deepen the Unit I Basin to manage sediment moving into the Upper Newport Bay to protect the values of the Upper and Lower Bay; and -2- Agreement No. D96 -105 WHEREAS, CITY, at the request of the Department of Fish and Game and the Executive Committee has acted as Project Manager for the Department of Fish and Game in order to develop funding, re- evaluate the plan, perform bioassays, prepare environmental documentation, obtain permits and prepare plans and specifications for the Unit III project with funds advanced by the CITY, the COMPANY and the COUNTY; and WHEREAS, the Executive Committee has approved and has reaffirmed that funds advanced by the local parties for Project Development shall be considered "Unit III Project" costs eligible for reimbursement when funding for project is secured; and WHEREAS, funding for the Project in the amount of $5,000,000 may be available from wetlands mitigation credits needed by the ports of long Beach and Los Angeles; and WHEREAS, the Parties wish to join together to: 1. provide additional funding needed to complete preparation of plans and specifications and obtain the permits and approvals necessary to award a dredging contract for the Project when funding is available, hopefully before the 1996 -1997 winter storm season, 2. establish a Project Management Committee for the "Unit III Project" within the Executive Committee consisting of State Department of Fish and Game, the County, the City and Company 3. transfer primary responsibility for administration of the "Unit III Project" project preparation work from the City to the County. -3- • i Agreement No. 096 -105 NOM, THEREFORE, The Parties Mutually Agree As Follows: 1. PURPOSE a. The primary purpose of this Agreement is to provide for sharing the estimated expenses in the aggregate amount of $140,000 among the Parties. b. The secondary purpose of the agreement is to provide a Project Management Committee that will make every effort to obtain sufficient funding to complete the Unit III Project and reimburse the following agencies in the estimated amounts shown. 1. City of Newport Beach $300,000 2. The Irvine Company $200,000 3. County of Orange $113,000 2. PROJECT a. For purposes of this agreement, the UNIT III Project consists of dredging to remove trapped sediment from the UNIT I BASIN and access channel and the deepening of the.UNIT I BASIN. b. In order to award a construction contract for the Unit III Project, it will first be necessary to complete design and environmental work, obtain permits from the regulatory agencies and prepare the construction documents, hereinafter referred to as "the project preparation work ". 3. PERFORMANCE COUNTY agrees to award, or cause to be awarded contracts for the required Unit III Project preparation work by September 30, 1996, and to have the same completed by December 31, 1996. However, the period for completion as set forth herein shall be extended by the period that -4- 0 0 Agreement No. D96 -105 completion is delayed by acts otherwise outside the control of COUNTY. 4. FINANCIAL ASSISTANCE a. Funding for the Unit III Project preparation work is to be shared equally by the Parties to a maximum as follows: County of Orange City of Newport Beach The Irvine Company Total AMOUNT S 46,666.67 46,666.67 46,666.66 $140,000.00* * CITY's share to include cost incurred by City to complete the environmental documentation which is currently being prepared by Private Consultant under contract to City. That cost is estimated to be $12,000. b. The Director of Harbors, Beaches and Parks, or designee, hereinafter referred to as DIRECTOR, shall have the authority to make budget adjustments to this Agreement as deemed necessary in order to advance the purposes of this agreement, provided that such action does not in the aggregate, exceed the total amount of financial assistance specified in sub - paragraph a. 5. ADMINISTRATION a. This Agreement will be administered by a Project Management Committee, hereinafter referred to as the "PMC ". It is the intent of the Parties that the COUNTY's HBP DIRECTOR shall act as the chairman of this PMC. the other members shall consist of the following: CITY'S Public Works Director, COMPANY's Vice President of Environmental Affairs, the California Department of Fish and Game Regional Manager. The Newport Harbor Master will be added to the committee for the actual Unit III Project dredging. -5- Ll b. The PMC shall: 0 Agreement No. D96 -105 (1) insure good communications and coordination and to expedite any actions /changes necessary to keep the project on schedule and avoid unnecessary impacts on residents, boaters and wildlife; (2) provide the consultants /contractors coordinated and consistent direction on the process to be pursued; and (3) demonstrate to those agencies that hopefully will assist in the financing of the project, and other interested parties, that the local agencies most directly involved in the project are working cooperatively to promote efficiency and resolve problems quickly throughout the design and implementation of the dredging project. 6. COUNTY shall: a. serve as the "co -lead agency" with CITY for services required under this Agreement, within the context of the California Environmental Quality Act of 1970 as amended. other Parties. b. provide staff assistance for PROJECT at no cost to the c. invoice CITY and COMPANY for their proportionate share of the Project cost based on actual prices and costs at award of contract. d. retain all records relating to the project expenditures. Records shall be retained and made available to the Parties for review for a minimum of three (3) years after completion of the Unit III Project construction. e. serve as agent to apply for and receive grants for project preparation work. U 7. PARTIES shall: 0 Agreement No. D96 -105 a.) Remit funds to COUNTY, as specified in Paragraph 6.d. above, within sixty (60) days of receipt of invoice. c.) grant the COUNTY and its agents and employees a revocable right to encroach on such real property as necessary for PROJECT preparation work as set forth in following paragraph, "Status of the Parties ", and for access and egress thereto. B. NOTICES a. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: COUNTY: Director of Harbors, Beaches and Parks County of Orange P.O. Box 4048 Santa Ana, CA 92702 -4048 CITY: Director or Public Works City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Att: Bill Patapoff (714) 644 -3311 COMPANY: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658 -8904 Att: Sat Tamarabuchi (714) 720 -2371 INVOICES: Environmental Management Agency Financial Operations P.O. Box 4048 Santa Ana, CA 92702 -4048 -7- 0 0 Agreement No. 096 -105 b. All notices shall be deemed effective when in writing and delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, correspondence, reports and /or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. The parties hereto may change the addresses to which notices are to be sent by giving notice of such change to the other party. 9. STATUS OF THE PARTIES The Parties are, and shall at all times be deemed to be independent organizations and shall be wholly responsible for the manner in which they perform under the terms of this Agreement. Nothing contained herein shall be construed as creating the relationship of employer and employee, or principal and agency, between the Parties, or any of their agents or employees. All Parties assume exclusively the responsibility for the acts of their employees or agents, as they relate to services to be provided during the course and scope of this agreement. 10. TERM OF AGREEMENT The term of this Agreement shall commence upon execution by COUNTY's Board of Supervisors and shall terminate on December 31, 1996, or on a date subject to the performance requirements specified in Paragraph 3. 11. EFFECT OF AGREEMENT This Agreement fully expresses all understanding of the Parties and is the total Agreement between the parties as to the subject matter of this Agreement. No addition to or alteration of the terms of this Agreement, whether written or oral, by the Parties, their officers, agents or employees, shall be valid unless in the form of a written amendment to this Agreement, and is formally approved and executed by all parties. to Agreement No. D96 -105 12. CALIFORNIA COASTAL CONSERVANCY ASSISTANCE a. COUNTY shall request funding assistance in the amount of $140,000 for the Unit III project project preparation work, from the California Coastal Conservancy. b. In the event funding assistance is made available from the California Coastal Conservancy for the Unit III Project, the Parties hereby agree that such funding shall be used to offset the actual costs of the project preparation work, and the Parties shall each be entitled to i reimbursement in proportion to their one -third financial contribution to such project preparation work. In no case, shall such reimbursement exceed the maximum amount contributed by each Party as specified in Paragraph 4.a., above. I -9- ♦ . Agreement No. D96 -105 IN WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly authorized representative as of the date set forth above. COUNTY OF ORANGE DATE: BY: Chairman of the Board of Supervisors of Orange County, California CITY OF NEWPORT BEACH DATE: BY: r�Y SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED TO LAURENCE M"Deput6 WATSON COUNTY COUNSEL THE CHAIRMAN OF THE BOARD ORANGIA BY Darlene J. Bloom Clerk of the Boar d of Supervisors of Orange County, California ATTEST: �iWri L. n "L"7 LaVonne M. Harkl&ss, City Clerk City of Newport Beach KWS:unbsed Btiert Burn'fiam, City Attorney ity of Newport Beach THE IRVINE COMPANY BY: ITS: -10- ' t- COUNCIL AGENDA /� ZZT b NO � �+rw r. BY THE CITY COUNCIL CITY OF NEWPORT BEACH AUG 12 0 August 12, 1996 CITY COUNCIL AGENDA ITEM NO. 16 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL C- ,,? ' S'-7 G FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPPER NEWPORT BAY UNIT III PROJECT - AGREEMENT TO TRANSFER PROJECT ADMINISTRATION FROM CITY OF NEWPORT BEACH TO ORANGE COUNTY HARBORS, BEACHES, AND PARKS RECOMMENDATION: Approve the Agreement with the County of Orange and The Irvine Company to transfer project administration for the Upper Newport Bay Unit III project to the County of Orange and authorize the Mayor and City Clerk to execute the Agreement. Background . Since 1983, the City of Newport Beach (City) has acted as lead agency for the California Department of Fish and Game (CDFG) and the Upper Newport Bay Executive Committee (Executive Committee) to construct the in -bay basins and lower San Diego Creek basins which are elements of the Federal 208 Newport Bay Watershed San Diego Creek Comprehensive Stormwater Sedimentation Control Plan (208 Plan). In 1993, at the request of the CDFG and the Executive Committee, the City accepted that same role as lead agency to implement the Upper Newport Bay Unit III project. The City retained John M. Tettemer & Associates, Ltd. (JMTA), as consultant engineer and project manager, to develop the "mitigation" funding strategy approved by the Executive Committee; negotiate funding agreements with State and Federal resource agencies; prepare necessary environmental documentation; conduct bioassay studies required for ocean disposal of dredge material by the U. S. Environmental Protection Agency (EPA); obtain required permits; prepare plans, specifications, cost estimates, and contract documents for construction of the Unit III project; and coordinate the project with Orange County and private dredging projects anticipated adjacent to the Unit III project. The Executive Committee approved funding advanced for development of the project (to be considered project costs) eligible for reimbursements when "mitigation" funding is obtained. • On May 30, 1996, representatives from the State Resources Agency and the State Coastal Conservancy met with City, County, JMTA, and Supervisor Bergeson's staff to 0 Subject: Upper Newport Bay Unit III Project August 12, 1996 Page 2 16 r discuss Unit III project status, project schedule, the estimated cost to complete project development, and funding for construction. The Resources Agency representative reported that both the State Resources Agency and the U. S. Department of the Interior support the Unit III project and that the schedule to have a project ready for advertisement in December, 1996 fits into their anticipated window for available project funding from the Resources Agency. The State Coastal Conservancy subsequently has reported that funding to complete project development, in the amount of $140,000, is available from their agency if approved by their Board. A status report presented to the Resources Agency representative and an updated project schedule and cost summary are attached. The County has proposed that the transferring of project administration to the County will facilitate obtaining the funding to complete project development and enhance the opportunity to obtain construction and maintenance annuity funding for the Unit III project. Current Project Status Funds needed to complete the environmental documentation, permitting, funding • agreements, and preparation of the plans and specifications to advertise for construction of the project are estimated to be $140,000. Currently the City has open contracts with the following consultants working on the project: John M. Tettemer & Associates, Project management, permitting, and Ltd. design services ($7,000 remaining on contract. $105,000 estimated to complete) Toxscan, Inc. Bioassay testing and submittal of report to EPA ($23,000 remaining on contract. City approved change order to perform resampling and retesting in June, 1996. Testing complete, report to EPA by August 1, 1996) Helix Environmental Plan, Inc. Environmental documentation ($0.00 remaining on contract. $15,000 estimated to complete) 0 discuss Unit III project status, project schedule, the estimated cost to complete project development, and funding for construction. The Resources Agency representative reported that both the State Resources Agency and the U. S. Department of the Interior support the Unit III project and that the schedule to have a project ready for advertisement in December, 1996 fits into their anticipated window for available project funding from the Resources Agency. The State Coastal Conservancy subsequently has reported that funding to complete project development, in the amount of $140,000, is available from their agency if approved by their Board. A status report presented to the Resources Agency representative and an updated project schedule and cost summary are attached. The County has proposed that the transferring of project administration to the County will facilitate obtaining the funding to complete project development and enhance the opportunity to obtain construction and maintenance annuity funding for the Unit III project. Current Project Status Funds needed to complete the environmental documentation, permitting, funding • agreements, and preparation of the plans and specifications to advertise for construction of the project are estimated to be $140,000. Currently the City has open contracts with the following consultants working on the project: John M. Tettemer & Associates, Project management, permitting, and Ltd. design services ($7,000 remaining on contract. $105,000 estimated to complete) Toxscan, Inc. Bioassay testing and submittal of report to EPA ($23,000 remaining on contract. City approved change order to perform resampling and retesting in June, 1996. Testing complete, report to EPA by August 1, 1996) Helix Environmental Plan, Inc. Environmental documentation ($0.00 remaining on contract. $15,000 estimated to complete) 0 . Subject: Upper Newport Bay Unit III Project August 12, 1996 Page 3 Rattray and Associates, Inc. M. H. Cheney and Associates Survey, soundings, and aerial topography ($3,250 remaining on contract. $15,000 estimated to complete) Civil engineering /dredging consultant support in obtaining bioassay and LAIII disposal site approvals from EPA ($2,500 remaining on contract. $5,000 estimated to complete) Toxscan, Inc. (Toxscan) has completed resampling and retesting of the Upper Bay and LAIII disposal site sediments required by EPA. The latest retest has provided satisfactory results for the Upper Bay sediment. Toxscan is preparing the final report for submittal to EPA by August 1, 1996. Helix Environmental Plan, Inc. (Helix) has requested funding for additional work to • complete the environmental documentation and JMTA and City staff concur with their request. Helix requires the final bioassay testing results from Toxscan to complete the environmental documentation. City and County environmental staff have reviewed the proposal to transfer project administration to the County and agree that the City should complete the Unit III environmental documentation which proposes an amendment to the existing environmental documentation from previous Upper Bay dredging projects. After the amendment is prepared, it will be submitted to the County Board of Supervisors to concur with the City's findings. Rattray and Associates, Inc. has completed the aerial topography, preliminary survey, and soundings. Final survey sections and soundings are needed to verify the basin and channel bottom elevations since the last rainy season. This work has been intentionally delayed until funds are available and a project bid date is more certain. Proposed Transfer Plan If approved, the transfer of project administration to the County should be initiated now with implementation accomplished in phases over the next few weeks. See the attached project status report submitted to the State Resources Agency on May 30, 1996 with the updated project schedule and cost summary. Actions required to accomplish the transfer and maintain project scheduling presented to the Resources Agency are as follows: 3 i a Subject: Upper Newport Bay Unit III Project August 12, 1996 Page 4 City continues to manage existing consultant contracts and will close out the existing contracts with July /August invoices; 2. County submits application to Coastal Conservancy for remaining project development cost estimated at $140,000; 3 Approve this agreement which provides for funding to complete project development, transfers project administration to Orange County, and establishes a project management team; 4. City, County, and JMTA work to facilitate the review and transfer of the new Environmental Assessment and amendment to the existing environmental documentation from the previous Upper Bay dredging projects to Orange County Environmental staff; 5. JMTA to submit a proposal to Orange County providing for professional services, including surveying consultant and civil engineering /dredging consultant services, necessary to complete project development for advertisement of the Unit III project by Orange County in December, 1996; and 6. City to provide Orange County and Executive Committee final accounting of the project development activities for the Unit III project completed by the City. Agreement to Transfer Administration Terms of the agreement generally provide for the following: Apportion the estimated cost to complete project development among parties. A. County $ 46,667.67 B. City 46,667.67- C. The Irvine Company 46.667.67 TOTAL $ 140,000.00 This amount includes $12,000.00 cost for Helix Environmental work advanced by City. Therefor $34,667.67 is City's share. II. Establish the Unit III Project Management Committee within the Upper Newport Bay Executive Committee as follows: A. Orange County - Lead agency, R • 0 q- n . Subject: Upper Newport Bay Unit III Project August 12, 1996 Page 5 B. California Department of Fish and Game, C. City of Newport Beach, and D. The Irvine Company; III. City to complete processing bioassay through EPA; IV. City to furnish environmental documentation for the project to the County by completing the Environmental Assessment and an amendment to the existing Upper Bay projects environmental documentation; V. County to retain JMTA to provide professional project management and engineering services to complete: A. Permit processing and approval, including U. S. Army Corps of Engineers, CDFG, State Lands Commission, Regional Water Quality Control Board, and the California Coastal Commission, B. Negotiation of funding agreements for construction and maintenance annuity, and C. Complete design, preparation of plans and specifications, cost estimates, and contract documents; VI. County to obtain funds for construction and maintenance annuity; VII. County to award construction contract for Upper Newport Bay Unit III Sediment Control and Enhancement project; VIII. Funds received by the County from State Coastal Conservancy to complete project development will be used to offset or reimburse parties for their share of funding under this agreement; IX. Funds received by the County for Upper Newport Bay Unit III Sediment Control and Enhancement project construction and maintenance annuity shall include reimbursement of funds advanced by the parties for project development. Funding Funding for the City's share of the cost is as follows: 1996 -97 Appropriation (7011- C510004) _ $25,000.00 • Cost for additional environmental work (Helix) - (92.000.00) r 1 J • Subject: Upper Newport Bay Unit III Project August 12, 1996 Page 6 • Available = $13,000.00 Additional appropriation needed from General Fund = 21.666.67 (at the time additional contracts are authorized) Total City Share = $34,666.67 This added funding will only be needed if the Coastal Conservancy does not approve the $140,000.00 grant. If this happens it will be necessary to process a budget amendment at a later date. Respectfully submitted, PUBLIC WORKS DEPARTMENT (:D40 Don Webb, Director of Public Works Attachments r I • John M. Tettemer & Associates, Ltd. • UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL AND ENHANCEMENT PROJECT May 30, 1996 Background The Upper Newport Bay Unit III project is critically needed to manage sediment moving into the Upper Bay, thereby protecting the Upper and Lower Bay environmental resources and economic interests. It is critical since all of the planned sediment capacity in the basin adjacent to Jamboree Road has been filled. There is a possibility of environmental damage downstream if the facility is not restored immediately. The City of Newport Beach (City) has been acting as the Project Manager for the Sediment Control and Enhancement Project. It has been the intent of the City, on behalf of the Executive Committee, to have all of the plans and specifications completed and permits and approvals obtained in order to award a dredging contract once funding is • available, hopefully before the 1996 /1997 winter storms. The current status of the City's activities indicates that a contract could be awarded and construction started in January of 1997 if funds for planning and construction becomes available by September of 1996. The purpose of this report is to provide an update on activities currently underway, the work to be started, and the current schedule. Status of Current Work The following five items of work are underway. A bioassay is required to prove that the desired ocean disposal site will not be harmed by the material dredged from the Upper Bay. The bioassay consultant has completed all sediment sampling, including both chemical and bioaccumulation testing of the samples. Initial results of the analysis indicate that most of the sediment dredged from the site will be suitable for ocean disposal. A problem occurred with the initial test on the bottom seven feet of sediment in one area of the Unit III basin. Unlike other portions of the bioassay test area, these sediments have not been previously dredged. The initial testing procedure used on these sediments did not appropriately account for variations in salinity and ammonia in the samples. • The re -test provided satisfactory results for one test procedure, however; a second procedure on amphipods remains a problem. The U. S. Environmental Management 1wO5PpR ") NEWPORMEACW • • r Agency (EPA) has recommended a re -test with a second species of amphipod which • provided satisfactory results on several projects in northern California. Those projects involved very fine bay muds similar to the material in the Upper Bay and it is anticipated that the additional testing and approval by EPA will be completed in July, 1997. The LA III Ocean Disposal Site located offshore of the Newport Harbor Entrance is the only practical/economically feasible site for disposal of dredge material. The site is managed by the Federal government and studies required for its permanent designation have not been completed. City and County staff have worked with Congressman Cox's office, the U. S. Army Corps of Engineers and the EPA to extend the temporary use of the site and to provide for permanent designation. The site is definitely available for the Unit III project and it appears that the efforts to obtain permanent designation of the site for future dredge disposal will be successful. Orange County has just completed surveys of the site for the EPA and the Upper Bay project will provide for post - construction surveys of the site. Progress has also been made on preparation of California Environmental Quality Act (CEQA) documentation and resource agency permits. The project description and initial • study are being completed and on -site surveys for the analysis of visual construction related impacts have been performed. It is currently anticipated that amendments of the existing environmental documentation for the original in -bay projects will be sufficient to satisfy the CEQA documentation with certification in August, 1996. Upon certification of the CEQA document, the Section 404 Permit, the Section 401 Certification, and the Coastal Commission Development permits will be issued. Resource agencies have been contacted, permitting requirements verified, and draft permits are under preparation. No exceptional problems are foreseen. 4. Site Surveys Updated ground and aerial site surveys were completed in late July of 1995, and topographic mapping for the Unit III area and access channel was completed in mid- August. Surveys have just been completed to determine any additional sedimentation which may have occurred during the 1995/1996 storm season. Supporting data has been provided and steps are being taken to negotiate the sale of . mitigation credits resulting from the enhanced habitat to be created. $5,000,000 is required for the construction of the project and $10,000,000 is required for an annuity. Doug Wheeler's office is currently taking the lead on this activity. Agreements with the iWOarr 9w 2 NEWPORTBECH3 parties and funding will be required by September, 1996 if the current schedule is to be maintained. Work to be Initiated Though not complicated, the plans and specifications need to be prepared and must include modification of the stabilizer structure downstream of Jamboree Road on San Diego Creek. It is expected that the plans and specifications can be completed by November, 1996. It will be necessary for the State of California, the City of Newport Beach, the Port that purchases credits, and some of the resource agencies to enter an agreement to transfer funds to the City, to assure mitigation credits, etc. The agreement needs to be signed by September, 1996. The major agreement points have been identified. It will be necessary for the City to raise an additional $140,000 to assure completion of • the steps described above in time for construction to start in January, 1997. • Current Schedule An updated schedule is attached. Update on Mitigation Credits and Negotiations with State Resources Agency on Funding is attached. Unit III Project Financial Summary is attached. rw06PPWW"3 NEWPORTHEAM John M. Tettemer & Associates, Ltd. UPDATE ON MITIGATION CREDITS AND NEGOTIATIONS WITH STATE RESOURCES AGENCY ON FUNDING May 30, 1996 The numerous steps taken are outlined below: 1. After the last Executive Committee meeting, meetings were held with California Department of Fish and Game (CDFG) senior management and concurrence was reached on project implementation and funding with mitigation credits. 2. Additional follow -up meetings were held with State Resources Agency administration and CDFG senior management to confirm CDFG's commitment to the project and to expedite project development. 3. Meetings held with CDFG, National Marine Fisheries, and U. S. Fish and Wildlife Service staff led to technical level agreement that 50 acres of project site could be used for credit. 4. Annuity estimate studies made. 5. Proposed that the 61.8 acres made up of footprint of the project that is being lowered to -14' mean sea level for the first time and other benefitted areas was more appropriate than 50 acres. 6. 1.32 multiplier used to convert field footprint to mitigation credit acres was introduced. 7. Salinity study made that shows high quality marine habitat during all critical periods will be developed to Jamboree Road. 8. Study developed to demonstrate that 27.7 acres of non - footprint areas could be used for credit due to regional benefits downstream for improved tidal flushing and improved sed ment management. Total acreage: 50 + 27.7 = 77.7 acres. 9. Calculations: 77.7 x 1.32 = 102.6 acres of marketable credits. At $140,000 /acre, project and annuity contributions would be: Project Construction Funding: $5,000,000. Project Maintenance Annuity: $10,000,000. 10. Conclusion: Any combination of acres and values that yields $15,000,000 is acceptable. • 11 C. • John M. Tettemer & Associates, Ltd. UPPER NEWPORT BAY SEDIMENT MANAGEMENT AND ENHANCEMENT PLAN UNIT III CONSTRUCTION SCHEDULE Task &. Description Completion Dja& 1. Complete California Environmental Quality Act documentation 8/15/96 *2. Prepare agreements for funding and funds mitigation credit 8/15/96 *3. Receive planning/construction funding 10/15/96 4. Prepare final plans, specifications, and contract documents 10/15/96 5. Obtain permits and approval 12/15/96 6. Advertise for bids 12/15/96 7. Award construction contract 01/15/97 • * It is anticipated that the Resources Agency will play a major role in negotiations of the funding and mitigation agreements. John M. Tettemer & Associates, Ltd. under contract to the City of Newport Beach is available to support and assist the Resources Agency as needed. is NEWPORT) John M. Tettemer & Associates, Ltd. UNIT III PROJECT FINANCIAL SUMMARY May 30, 1996 Expenses to Date (Fiscal Years 1993194, 1994195, and 1995196) ■ Preliminary engineering, agency approvals, $200,000 project management, and bioassay preliminary approvals ■ Fisheries report 6,000 ■ Preliminary topographic surveying 12,000 ■ California Environmental Quality Act (CEQA) 50,000 documentation ■ Resource agency permitting 27,000 ■ Bioassay 260,000 ■ Final topographic surveys 32,000 Subtotal $587,000 Encumbrances to Date (Fiscal Year 1995196) ■ Project management 186000 Total Costs to Date $605,000 Funding Available to Date and Remaining Balance • ■ City of Newport Beach (Fiscal Year 1993/94) $100,000 ■ City of Newport Beach (Fiscal Year 1994/95) 100,000 ■ City of Newport Beach (Fiscal Year 1995/96) 100,000 ■ Orange County(') 75,000 ■ The Irvine Company 200,000 ■ Dover Shores(') 30.000 Total Funds Available to Date $605,000 Estimated Expenses Up To Construction (Winter 1996197) ■ Bioassay processing through EPA $20,000 ■ Project management, funding agreement negotiation, permit 30,000 processing, and Coastal Commission approvals ■ Plans and specifications preparation, processing 90,000 and approvals Total Funds Required Up To Construction $140,000 Nava: (t) Cm r6 * (or orange Caunry'a and User shorn' portion of bioawr wort . /a UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL AND ENHANCEMENT PROJECT MILESTONE SCHEDULE July 19, 1996 N_& Description Da& 1. Complete bioassay testing July, 1996 2. Submit funding applications to State Coastal Conservancy July, 1996 to complete project development 3. Complete Agreement to transfer administration to Orange August, 1996 County establish a project management committee and provide funding to complete project development 4. Obtain bioassay approvals from the EPA August, 1996 5. Complete California Environmental Quality Act (CEQA) August, 1996 documentation 6. Initiate plans and specifications July, 1996 . 7. Submit U. S. Army Corps of Engineers (Corps), CDFG, August, 1996 and Regional Water Quality Control Board ( RWQCB) permit applications 8. Submit California Coastal Commission application August/September, 1996 9. Complete plans and specifications October, 1996 10. Prepare agreements for funding and funding mitigation October/November, 1996 credit 11. Obtain Corps, CDFG, and RWQCB permits November, 1996 12. Coastal Commission hearings and approval November, 1996 13. Bid advertisement December, 1996 14. Award contract/commence construction January, 1997 • N WPORMFACM I 0 0 John M. Tettemer & Associates, Ltd. UNIT III PROJECT FINANCIAL SUMMARY July 19, 1996 Expenses to Date (Fiscal Years 1993194, 1994195, and 1995196) ■ Preliminary engineering, agency approvals, $236,000 project management, mitigation plan development and bioassay preliminary approvals ■ Fisheries report 6,000 ■ Preliminary topographic surveying 12,000 ■ California Environmental Quality Act (CEQA) 40,000 documentation ■ Resource agency coordination/permitting 10,000 ■ Bioassay 260,000 ■ Topographic surveys 32.000 Subtotal $596,000 Encumbrances to Date (Fiscal Year 1995196) ■ Project management 99 Total Costs to Date $605,000 Funding Available to Date and Remaining Balance ■ City of Newport Beach (Fiscal Year 1993/94) $100,000 ■ City of Newport Beach (Fiscal Year 1994/95) 100,000 ■ City of Newport Beach (Fiscal Year 1995/96) 100,000 ■ Orange County(') 75,000 ■ The Irvine Company 200,000 ■ Dover Shores(') 30.000 Total Funds Available to Date $605,000 Estimated Expenses Up To Construction (tenter 1996197) ■ Project management, negotiations with EPA regarding approval of Bioassay/LA III Permanent Designation and funding agreement negotiation $35,000 ■ Complete environmental documentation permit processing and Coastal Commission approval 45,000 ■ Surveying and design to complete final plans, 60,000 specifications, cost estimates, and contract documents Total Funds Required Up To Construction $140,000 Notts: (1) Cost sharing for Orange Coontfs and Dover Shores' portion of bioassay work W. is E /y S J E 0 • PROJECT: Upper Newport Bay Unit III Sediment Control and Enhancement Project (Job No. EH21768) COST SHARING AGREEMENT This "Agreement" is made and entered into this 1996, BY AND BETWEEN AND COUNCIL AGENDA NO. 16 Agreement 96 -105 day of The City of Newport Beach, a municipal corporation, hereinafter referred to as "CITY ", The Irvine Company, a private corporation, hereinafter referred to as "COMPANY ", • AND The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY." The three entities are hereinafter sometimes jointly referred to as the "Parties", or individually as "Party ". RECITALS WHEREAS, Newport Bay is located within the city limits of Newport Beach, and the environmental and scenic values of the bay are important attributes of the CITY. WHEREAS, the State of California owns and operates the Upper Newport Bay Ecological Reserve, hereinafter referred to as "Reserve", in the Upper Newport Bay; and WHEREAS, the State of California has granted tidelands within •Upper Newport Bay to COUNTY and CITY for public uses including navigation and recreation; and -1- Agreement No. D96 -105 • WHEREAS, the 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 sedimentation of Newport Bay threatens to impair the 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, under the terms of a Cooperative Agreement dated September 30, 1983, the State Department of Fish and Game, County of Orange, City of Newport Beach, City of Irvine and the Irvine Company formed the Upper Newport Say Executive Committee for the purpose of recommending actions to their respective agencies to implement elements of the Upper • Newport Bay San Diego Creek Comprehensive Storm Water Sediment Control Plan; and WHEREAS, under the terms of a cooperative agreement dated May 8, 1984, hereinafter referred to as the "IN BAY AGREEMENT ", members of the Executive Committee agreed to a "Phased Implementation Program" to construct the IN BAY ELEMENT of the Plan known as the UNIT I BASIN, UNIT II BASIN and Access Channel Sediment Control Facilities; and WHEREAS, the Upper Newport Bay Unit III Sediment Control and Enhancement Project, hereinafter referred to as the "Unit III Project ", is critically needed to maintain and deepen the Unit I Basin to manage sediment moving into the Upper Newport Bay to protect the values of the Upper and Lower Bay; and • WHEREAS, CITY, at the request of the Department of Fish and Game ff'41 •Agreement No. D96 -105 and the Executive Committee has acted as Project Manager for the Department of Fish and Game in order to develop funding, re- evaluate the plan, perform bioassays, prepare environmental documentation, obtain permits and prepare plans and specifications for the Unit III project with funds advanced by the CITY, the COMPANY and the COUNTY; and WHEREAS, the Executive Committee has approved and has reaffirmed that funds advanced by the local parties for Project Development shall be considered "Unit III Project" costs eligible for reimbursement when funding for project is secured; and WHEREAS, funding for the Project in the amount of $5,000,000 may be available from wetlands mitigation credits needed by the ports of Long Beach and Los Angeles; and WHEREAS, the Parties wish to join together to: • 1. provide additional funding needed to complete preparation of plans and specifications and obtain the permits and approvals necessary to award a dredging contract for the Project when funding is available, hopefully before the 1996 -1997 winter storm season, 2. establish a Project Management Committee for the "Unit III Project" within the Executive Committee consisting of State Department of Fish and Game, the County, the City and Company 3. transfer administration of the "Unit III Project" from the City to the County. • NOW, THEREFORE, The Parties Mutually Agree As Follows: 1. PURPOSE &E VA 0 0 Agreement No. D96 -105 • a. The primary purpose of this Agreement is to provide for sharing the estimated expenses in the aggregate amount of $140,000 among the Parties. b. The secondary purpose of the agreement is to provide a Project Management Committee that will make every effort to obtain sufficient funding to complete the Unit III Project and reimburse the following agencies in the estimated amounts shown. 1. City of Newport Beach $300,000 2. The Irvine Company $200,000 3. County of Orange $113,000 2. PROJECT a. For purposes of this agreement, the UNIT III Project consists of dredging to remove trapped sediment from the UNIT I BASIN and i access channel and the deepening of the UNIT I BASIN. b. In order to award a construction contract for the Unit III Project, it will first be necessary to complete design and environmental work, obtain permits from the regulatory agencies and prepare the construction documents, hereinafter referred to as "the project preparation work ". 3. PERFORMANCE COUNTY agrees to award, or cause to be awarded contracts for the required Unit III Project preparation work by September 30, 1996, and to have the same completed by December 31, 1996. However, the period for completion as set forth herein shall be extended by the period that completion is delayed by acts otherwise outside the control of COUNTY. • 4. FINANCIAL ASSISTANCE ILE • • 0 0 Agreement No. D96 -105 a. Funding for the Unit III Project preparation work is to be shared equally by the Parties to a maximum as follows: AMOUNT County of Orange City of Newport Beach The Irvine Company Total S 46,666.67 46,666.67 46.666.66 $140,000.00* * CITY's share to include cost incurred by City to complete the environmental documentation which is currently being prepared by Private Consultant under contract to City. That cost is estimated to be $12,000. b. The Director of Harbors, Beaches and Parks, or designee, hereinafter referred to as DIRECTOR, shall have the authority to make budget adjustments to this Agreement as deemed necessary in order to advance the purposes of this agreement, provided that such action does not in the aggregate, exceed the total amount of financial assistance specified in sub - paragraph a. 5. ADMINISTRATION a. This Agreement will be administered by a Project Management Committee, hereinafter referred to as the "PMC ". It is the intent of the Parties that the COUNTY'S HBP DIRECTOR shall act as the chairman of this PMC. The other members shall consist of the following: CITY's Public Works Director, COMPANY'S Vice President of Environmental Affairs, the California Department of Fish and Game Regional Manager. The Newport Harbor Master will be added to the committee for the actual Unit III Project dredging. b. The PMC shall: (1) insure good communications and coordination and to • expedite any actions /changes necessary to keep the project on schedule and avoid unnecessary impacts on residents, boaters and wildlife; -5- Agreement No. D96 -105 • (2) provide the consultants /contractors coordinated and consistent direction on the process to be pursued; and (3) demonstrate to those agencies that hopefully will assist in the financing of the project, and other interested parties, that the local agencies most directly involved in the project are working cooperatively to promote efficiency and resolve problems quickly throughout the design and implementation of the dredging project. 6. COUNTY shall: a. serve as the "lead agency" for services required under this Agreement, within the context of the California Environmental Quality Act of 1970 as amended. other Parties. b. provide staff assistance for PROJECT at no cost to the c. invoice CITY and COMPANY for their proportionate share of • the Project cost based on actual prices and costs at award of contract. d. retain all records relating to the project expenditures. Records shall be retained and made available to the Parties for review for a minimum of three (3) years after completion of the Unit III Project construction. 7. PARTIES shall: a.) Remit funds to COUNTY, as specified in Paragraph 6.d. above, within sixty (60) days of receipt of invoice. c.) grant the COUNTY and its agents and employees a revocable right to encroach on such real property as necessary for PROJECT construction as set forth in following paragraph 11, "Status of the Parties ", and for access and egress thereto. • 8. NOTICES Ka C' r • Agreement No. D96 or a. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: COUNTY: Director of Harbors, Beaches and Parks County of Orange P.O. Box 4048 Santa Ana, CA 92702 -4048 CITY: Director or Public Works City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Att: Bill Patapoff (714) 644 -3311 COMPANY: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658 -8904 Att: Sat Tamarabuchi (714) 720 -2371 INVOICES: Environmental Management Agency Financial Operations P.O. Box 4048 Santa Ana, CA 92702 -4048 • b. All notices shall be deemed effective when in writing and delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, correspondence, reports and /or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. The parties hereto may change the addresses to which notices are to be sent by giving notice of such change to the other party. 9. STATUS OF THE PARTIES The Parties are, and shall at all times be deemed to be independent organizations and shall be wholly responsible for the manner in which they perform under the terms of this Agreement. Nothing contained herein shall be construed as creating the relationship of employer and employee, or principal and agency, between the Parties, or any of their . agents or employees. All Parties assume exclusively the responsibility for the acts of their employees or agents, as they relate to services to be -7- Agreement No. D96 -105 provided during the course and scope of this agreement. 10. TERM OF AGREEMENT The term of this Agreement shall commence upon execution by COUNTY's Board of Supervisors and shall terminate on December 31. 1996, or on a date subject to the performance requirements specified in Paragraph 3. 11. EFFECT OF AGREEMENT This Agreement fully expresses all understanding of the Parties and is the total Agreement between the parties as to the subject matter of this Agreement. No addition to or alteration of the terms of this Agreement, whether written or oral, by the Parties, their officers, agents or employees, shall be valid unless in the form of a written amendment to this Agreement, and is formally approved and executed by all parties. 12. CALIFORNIA COASTAL CONSERVANCY ASSISTANCE a. COUNTY shall request funding assistance in the amount of $140,000 for the Unit III project project preparation work, from the California Coastal Conservancy. b. In the event funding assistance is made available from the California Coastal Conservancy for the Unit III Project, the Parties hereby agree that such funding shall be used to offset the actual costs of the project preparation work, and the Parties shall each be entitled to reimbursement in proportion to their one -third financial contribution to such project preparation work. In no case, shall such reimbursement exceed the maximum amount contributed by each Party as specified in Paragraph 4.a., above. ME • • • Agreement No. D96 -105 • IH WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly authorized representative as of the date set forth above. COUNTY OF ORANGE DATE: BY Chairman of the Board of Supervisors of Orange County, California CITY OF NEWPORT BEACH DATE: BY: MAYOR SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED TO LAURENCE M. WATSON, COUNTY COUNSEL E CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA BY: Darlene J. Bloom Deputy Clerk of the Board of Supervisors of Orange County, California ATTEST: LaVonne M. Harkliss, City Clerk City of Newport Beach OWS:unbsed Robert Burnham, City Attorney City of Newport Beach THE IRVINE COMPANY M ITS: In • i AUG 1 2 . " 1 August 12, 1996 CITY COUNCIL AGENDA ITEM NO. 19 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPPER NEWPORT BAY UNIT III PROJECT - AMENDMENT NO. 1 TO CONSULTANT AGREEMENT WITH HELIX ENVIRONMENTAL PLANNING, INC. FOR ENVIRONMENTAL DOCUMENTATION RECOMMENDATION: Approve Amendment No. 1 to consultant agreement with Helix Environmental Planning, Inc. and authorize the Mayor and City Clerk to execute the contract. Discussion • On June 26, 1995, the City Council approved a consultant services agreement with Helix Environmental Planning, Inc. (Helix) for preparation and processing of California Environmental Quality Act (CEQA) documentation for the project. Since that time Helix has reviewed existing environmental documentation from the previous Upper Bay projects; worked with City staff and consultant project management staff to develop project descriptions and scope of work; performed noise study measurements and analysis; performed air quality analysis; and reviewed existing biological documentation and technical information to evaluate effects of dredging operations on the biological systems. In May 1996, Helix met with the City's consultant project manager (John M Tettemer & Associates), Public Works and Planning Department staff to discuss the environmental work completed and consider how to best deal with the delays associated with the additional bioassay testing required by the U. S. Environmental Protection Agency (EPA). In reviewing the environmental work completed to date, it became apparent that all of the potential impacts associated with this dredging project have been considered in previous Upper Bay dredging Environmental Impact Reports (EIRs), are generally related to the actual construction, and have been successfully mitigated with the project construction specifications. The only potential new impacts will be determined with results of the final bioassay testing. It was determined that if the new bioassay testing proved the Bay mud acceptable for ocean disposal, an amendment to the existing . environmental documentation would satisfy CEQA requirements and save at least 90 days in the environmental processing time. Subject: Upper Newport Bay Unit III Project- Helix Environmental Agreement August 12, 1996 Page 2 Helix has submitted a request for additional costs to prepare the final Environmental Assessment and an amendment to the previous Upper Bay dredging EIRs. Additional work includes participation in several meetings, preparing the amendment to the original Upper Bay EIR's and prepare a new mitigation monitoring plan that incorporates the mitigation plans from the previous EIRs. The original agreement provided the CEQA documentation for a fee of $39,667. The request is for additional compensation in the amount of $11,940 and is based on the same rate schedule provided in the original agreement. Consultant project management, public works and planning department staff concur that this additional fee is justified and recommend that Amendment No. 1 be approved. General terms of the amendment provide for modification of the original agreement as follows: 1. Section 2 - Services to be Performed by Consultant be amended to include services outlined in Exhibit "B," Helix memo dated May 8, 1996. • 2. Section 3 - Compensation to Consultant be amended to include additional fees in the amount of $11,940 as outlined in Exhibit "B," Helix memo dated May 8, 1996, with payment on a time and materials basis at the same rates as Exhibit "A" in the original proposal. • 3. All other terms of the existing agreement to remain. The agreement to transfer administration of the Upper Bay Unit III project to Orange County provides for the cost of this additional environmental work to be included as a portion of the City's share of funding required in the transfer agreement. Funds for this work are available in the current City budget Account No. 7011 C5100004. Respectfully submitted, PUB ` ORKSy� q�PARTMENT Do ebb, /7Dwpirect /o/� /r onf Public Works Attachments • Z AMENDMENT NO. 1 CONSULTANT AGREEMENT UPPER NEWPORT BAY CALIFORNIA ENVIRONMENTAL QUALITY ACT TECHNICAL SUPPORT SERVICES THIS AMENDMENT entered into this day of (16LLoxAof 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and HELIX ENVIRONMENTAL PLANNING, INC., whose address is 7777 Alvarado Road, Suite 319, La Mesa, CA 91941 -3649, and its subconsultants, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY and CONSULTANT entered into a Professional Services Agreement to provide bioassay testing in the Upper Newport Bay, signed on July 13, 1995. C. CITY and CONSULTANT wish to amend the scope of services and increase the amount of consulting fees to be paid by $11,940, per CONSULTANT's memo requesting additional compensation dated May 8, 1996 (hereinafter referred to as Exhibit "B ") which is attached hereto and incorporated herein by this reference. a 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: A. Section 2 - Services to be Performed by Consultant Add: D. Consultant shall provide additional services as outlined in Exhibit "B." B. Section 3 - Compensation to Consultant Add: Consultant shall be compensated for additional services as provided in Exhibit "B." Additional fee of $11,940 increases maximum fee from $39,670 to $51,657. Such work shall be performed on a time and materials basis at the rates as shown in Exhibit "B." Rate in Exhibit "B" are same rates as shown in original contract Exhibit "A." C. All other conditions of the agreement remain unchanged. f: \groups\pbw\agmt\helix.doc 0 IN WITNESS WHEREOF, the parties have caused this AMENDMENT to the Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: "4�faak City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: lb—i Mayor CONS Wj U LTAN He ix Environ err ntal qanning, Inc. 3 /08/1996 12:34 619462055' HELIX ENVIRONMENTAL PAGE 04 • EXHIBIT A Attachment I Proposed Costs For Existing and Anticipated Out -Of -Scope Activities Upper New Port Say Unit III Sediment Control and Enhancement Project May 8, 1996 Taek Personnel Hgurs Rate C-u[ Revise Initial Study to D. Claycomb 8 $105 $ 840 reflect expanded project D. Marcin 24 $ 70 $1,680 description and CEQA J. Paine 24 $ 45 $1,080 Addendum format Merkel & Assoc. t -- -- $1,0401 Expand MMRP D- Claycomb 8 $105 $ 840 D. Marcin 24 $ 70 $1,680 J. Paine 40 $ 45 $1,800 Meetings/Management2 D. Claycomb 16 $105 $1,680' - D. Marcin 16 $ 70 $1,1202 Clerical 4 $ 45 $ 180 Total $11,9402 Not including detailed analysis of potential water quality impacts associated with hydraulic dredging. Such analysis would be provided under a separate contract amendment if required 2 Includes estimated time for attendance at two additional meetings by HELIX personnel. Actual charges for additional meetings would be billed on a time- and - material basis, pursuant to our existing contract. 0 ?1108/1956 12:34 615462055' HELIX ENVIRONMENTAL PAGE 02 EXHIBIT B • Environmental Planning, Inc. To: From: Subject: Date: MEMORANDUM Patricia Temple, Acting Planning Director, City of Newport Beach Dave Claycomb, President, HELIX Environmental Planning, Inc. Upper Newport Bay Unit III Sediment Control and Enhancement Project May 8, 1996 Pursuant to your recommendation at our meeting of May 1, 1996, we have reviewed the sample Initial Study /CEQA Addendum you provided (Upper Castaways project), along with our existing scope of work for the proposed Unit III project. Based on this review, completion of an Initial Study /CEQA Addendum for the Unit III project in the noted format would entail several specific tasks outside of our existing scope of work. Additionally, recent changes to the Unit III project description (e.g., inclusion of the Jamboree Road stabilizer structure) have required additional work in "I;oeiAtion with the ongoing technical and CEQA analyaca. All pmvioua and anticipated project activities outside of our existing scope of work are described below, with a summary of proposed costs to incorporate these tasks and complete the project Initial Study included as Attachment 1. Expanded Project Description Inclusion of the Jamboree Road Bridge Stabilizer Structure - This facility was added to the proposed project in November 1995, and was not anticipated in our original scope and cost. Activities which have been or will be required in association with this additional project element include a site visit; evaluation of potential effects to vehicle, bicycle and pedestrian traffic; and coordination with project engineers regarding facility design and construction logistics (e.g., equipment and material access, location of rock storage and use of local fill deposits). Incorooration of Additional Dredging Alternatives - The original project description (received by HELIX in September 1995) stated that dredging would be conducted with a barge - mounted clamshell bucket and 1,000 cubic yard scows, and did not differentiate (in terms of equipment needs) between dredging in the Unit III basin /main channel and Dover Shores. Subsequent project description information (January 1996) included the options of hydraulic dredging and larger scows (to provide flexibility for project contractors), and identified the need for smaller dredging equipment at Dover Shores. These changes will require associated modifications to the Initial Study text, as well as coordination with project engineers. Additionally, consideration of hydraulic dredging will entail evaluating water quality issues related to disposal of dredged material with higher fluid contents (i.e., compared to clamshell dredging) and/or decanting of dredged material to remove excess fluid prior to disposal Because detailed informatior on potential hydraulic dredging methodology for the Unit III project is not available, evaluation of water quality issues associated with this alternative in the proposed CEQA analysis will be limited to identifying potential impacts and mitigation options. Depending on the exact nature of proposed hydraulic dredging activities for Unit III (if proposed), additional technical investigation of water quality impacts and mitigation may be required. 7777 Alvarado Road, Suite 319 La Mesa, CA 91941 -3647 (619) 462.1515 FAX (619) 462 - 0532 6`0/6/1996 12:34 619462055 HELIX ENVIRONMENTAL PAGE 63 • Memo to Patricia Temple May 8, 1996 Anticipated Out -of -Scope Services Page 2 Preparation of the CEOA Initial Study /Addendum - Preparation of an Initial Study /Addendum pursuant to the sample format for the Upper Castaways project provided by the City would require additional analysis not anticipated in our existing scope of work. We initially assumed that we were preparing a stand- alone, project - specific Initial Study, and that a subsequent CEQA document would be forthcoming. Use of an Initial Study /Addendum format would involve a detailed review of three EIRs prepared for previous related activities in the bay (i.e., the Early Action and Interim Plan, and Unit I and II dredging), to determine if the impact assessments and mitigation measures in these EIRs are adequate to avoid or effectively mitigate impacts from proposed Unit III activities. Although general review of background information was envisioned in the original contract, a full -scale evaluation of the previous EIRs and proposed activities for incorporation into the project Initial Study /Addendum for each issue area in the City checklist format (pursuant to the sample provided to HELIX at our May 1 meeting) was not anticipated. • Expansion of the Mitigation Monitoring and Reporting Program (MMRP) - The stand -alone MMRP would be expanded from the document described in our existing scope of work to include all mitigation measures contained in the three noted EIRs prepared for previous related activities in the bay. Meetings /Management - Our existing scope and budget includes attendance by HELIX personnel at four meetings, with this task completed as of our May 1, 1996 project meeting (other meeting dates included June 27 and October 27, 1995, and March 8, 1996). It is expected that HELIX personnel would be required to attend up to two additional meetings in association with completion of the project Initial Study. These meetings would be invoiced on a time - and - materials basis (pursuant to our existing contract), with estimated charges included in Attachment 1. In addition, we originally assumed a total project length (i.e., through approval of the Initial Study) of approximately five months. The extended schedule associated with this project has resulted in minor expenditures of additional management time. •U5/98/1'396 12:34 613462055� HELI" ENVIRONMENTAL PAGE 05 I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or O zoning? b) Conflict with applicable environmental plans 0 or policies adopted by agencies with jurisdiction 0 over the project? c ) Be incompatible with existing land use O in rte vicinity? d) Affect agricultural resources or Operations O O (e.g., impacts to soils or farmlands, or impacts from 0 incompatible land uses)? e) Disrupt of divide the physical arrangement of O O an established community (including a low- income 0 or minority community)? II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 population projections? b) Induce substantial growth in an area eider directly of indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? III. GEOLOGIC PROBLEMS Would the proposal result in a expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failum including liquefectionl d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill.' g) Subsidence of the land? h) Expansive soils'/ i) Unique geologic or physical features? IV. WATER. Would the proposal malt in: a) Changes in absorption rates, drainage panem, or the rate and amount of surface mnoff? b) Exposure of people or property to water related hazards such as flooding? Potentially Significant Potentially Unteas Leas Than Sigaincnrt Mitigation Slaoifiam No Impact Ineorpor+ted Impact Impact O O O O O 0 O O 0 0 O 0 0 O O 0 O O O O O O 0 O O O 0 0 0 O 0 0 O O O O 0 0 D O 0 O O O 0 0 0 0 0 O 0 O O O O O O 0 O O 0 0 O O O 0 O O O O 0 O 0 0 0 0 I! inl ? F 111!?5 0 0y) June 26, 1995 CITY COUNCIL AGENDA ITEM NO. 8 • TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL AND ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEED WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK RECOMMENDATIONS: �,) 2y�1(6) 1. Approve Consultant Services Agreement with Rattray & Associates Inc. to provide aerial, topographic, and ground surveying services for a fee not to exceed $32,000 and authorize the Mayor and City Clerk to execute the Agreement. • C-i9 &71F) 2. Approve Consultant Services Agreement with Helix Environmental Planning, Inc. for preparation and processing of California Environmental Quality Act (CEQA) documentation for a fee not to exceed $39,667 and authorize the Mayor and City Clerk to execute the Agreement. C-2%0(A) 3. Approve Amendment to Consultant Services Agreement with John M. Tettemer & Associates, Ltd. (JMTA) to process and obtain necessary resource agency permits and provide additional project management services necessary to pursue mitigation funding and implement project for a fee not to exceed $70,820 and authorize Mayor and City Clerk to execute the amended Agreement. BACKGROUND As reported in our April 10, 1995 report to the City Council, the City has been involved over the last year in representing the Executive Committee for the Upper • Newport Bay Sedimentation Control Plan in the development of a sediment removal project for the Upper Bay. The project, known as Unit III, will restore needed sediment capacity and create habitat conditions necessary to enhance fishery values. As a result of our negotiations with State and Federal resource agencies, agreement has been reached that habitat mitigation credits will be created by the project. These credits can be sold to agencies, such as the ports of Long Beach, Los Angeles or San Diego, that SUBJECT: UPPER *PORT BAY UNIT III SEDIST CONTROL AND, ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEEb,WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK June 26, 1995 Page 2 • need mitigation for the construction of new facilities. Sale of the mitigation credits will provide funding for project development costs advanced by the City, project construction costs, and an annuity for future sediment removal. Negotiations on the final amount of mitigation credits to be allowed for construction of the Unit III project are on -going between the City and the resource agencies, with direct assistance from the State Resources Agency. Since our last report to the Council, a letter was received regarding project mitigation credits from Douglas Wheeler, Secretary of the State Resources Agency. The letter confirms the approval by the resource agencies for a minimum of 50 acres of mitigation credit for the Unit III project, and indicates that the project may be eligible for additional mitigation credits, pending the receipt and approval of additional technical information by the State Resources Agency. The letter further indicates State Resources Agency's commitment to take the lead on coordinating with other State and Federal resource agencies for the approval of additional mitigation credits. It also offers the Resources Agency's • assistance in facilitating negotiations between the City, resource agencies and the Ports on the sale of mitigation credits. This letter is a key milestone for the project because it firmly acknowledges that a minimum of 50 acres of credits have been approved. When sold, the 50 acres of credits will generate enough funding to pay for all of the City's current and proposed project development costs, all design and construction costs, and a substantial portion of the proposed maintenance annuity. To secure additional mitigation credits and fully fund the maintenance annuity, staff and the City's consultant project manager, JMTA, have developed and submitted the additional technical justification requested by the Resources Agency. In accordance with the Resources Agency's letter, it is anticipated that a meeting will be scheduled immediately with State and Federal resource agency upper level management to review the information provided and resolve the City's request for additional mitigation credits. We are hopeful that a funding agreement with one of the ports to purchase mitigation credits will be signed within 90 to 120 days. The project is ready to move forward and we are now in the position • where it is necessary to hire consultants to complete the site surveying, CEQA documentation, resource agency permitting, and to fund additional project management services. This work includes items that typically have a long processing time, are necessary to support further work and must be initiated at this time in order to maintain an early 1996 construction schedule. The following report reviews the work, proposed financing, and makes recommendations for your consideration. SUBJECT: UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL AND ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEED WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK • June 1995 3 Page 3 CURRENTLY PROPOSED WORK Updated site surveying is required to provide information on the specific location and the precise amount of sediment to be removed. The timing of the survey is critical because it provides baseline information for assessing specific environmental impacts from the project. In addition, an updated survey is required to support the preparation of final plans and specifications for the project. To meet the currently proposed schedule, plans and specifications will need to be started within 60 to 90 days. The preparation of final plans and specifications will be brought to the Council in a future action. A second important item of currently proposed work for the project is the CEQA documentation. Although previous environmental clearances have been • obtained for sediment removal work in the Upper Bay, supplementary CEQA documentation will need to be prepared for this specific project. However, since the project is providing enhancement and restoration of the Upper Bay, significant environmental issues are not anticipated. In addition, since impacts for the previous projects have been thoroughly documented, the proposed CEQA document will be structured to build on previous experience and information to the extent feasible. A third item that is necessary to maintaining progress on the project is initiation of the resource agency permitting process. Specifically, either permits, agreements or consultations will be required through the U. S. Army Corps of Engineers, U. S. Fish and Wildlife Service, California Department of Fish and Game, California Coastal Commission and State Lands Commission. Our previous experience with the permitting process on earlier Upper Bay projects is that it can be laborious, and can take many months to complete. Based upon this, it is necessary to initiate the permitting work with the agencies noted as soon as it is practical. Finally, an amendment to the Consultant Services Agreement with JMTA is needed to provide continued technical and management support services for the •project. This continued support is necessary to ensure that the mitigation credit and financing agreements, engineering, environmental clearances, permits and other approvals are completed in a coordinated, timely and effective manner. SUBJECT: UPPER NISPORT BAY UNIT III SEDIAT CONTROL AND ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEED WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK June 26, 1995 Page 4 • CONSULTANT SELECTION Rattray & Associates Inc. of Santa Ana provided surveying services for the previous Unit I and Unit II sediment basin construction projects and has recently provided surveying for monitoring the deposition of sediment trapped in the basins. Rattray & Associates Inc, has established survey control in the Upper Bay and provides surveying services at standard hourly rates comparable to other surveying companies in Orange County. Because of their familiarity with the project and experience in the Upper Bay, staff requested the proposal for surveying services from Rattray & Associates Inc. JMTA is currently under agreement with the City to provide project management services for the project. JMTA is well qualified and experienced in obtaining resource agency permits for wetland projects. Considering the consultant's experience with the project, staff has requested a proposal from JMTA to process and • obtain resource agency permits and to continue to provide project management services. To prepare the proposed CEQA documentation for the project, a new consultant needs to be selected. To begin the selection process, several environmental firms with expertise in preparing CEQA documentation for similar projects were asked to submit comprehensive statements of qualifications. The statements of qualifications included a description of the firm's technical expertise, personnel, experience, and billing rates. A selection committee comprised of a representative from the project management consultant, JMTA, and City staff from the Public Works Department and Planning Department was formed. Each firm's qualifications were reviewed by the selection committee and interviews with the two most qualified firms were arranged. The two firms selected for an interview included Science Applications International Corporation, of Santa Barbara, and Helix Environmental Planning, Inc., of La Mesa. Based upon their statement of qualifications, the interview results and the references provided, Helix Environmental Planning, Inc. was selected by the committee. Helix demonstrated a comprehensive understanding of all aspects of the project and • recommended a thoughtful strategy for obtaining CEQA clearance. • • SUBJECT: UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL AND ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEED WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK • June 1995 5 Page 5 Each of the recommended consultants were asked to submit a proposal for the required work. A summary of the individual work tasks proposed by each of the consultants and their associated costs are as follows: Surveying (Rattray & Associates, Inc.) 1" = 100' Orthophotos and Aerial Topography (1' contour) for Upper Newport Bay Basin, Access Channel and Lido Channel SUBTOTAL= $32,000 CEQA Environmental Document (Helix Environmental Planning, Inc.) • Project Initiation $ 7,240 •and Reconnaissance • Technical Report Preparation $ 19,302 • Draft Initial Study $ 7,675 Final Initial Study $ 2,790 Response to Comments and Mitigation 1-2.M Monitoring Plan SUBTOTAL= $ 39,667 Resource Agency Permitting (John M. Tettemer & Associates, Ltd.) • Section 10, 103 and 404 Permits with $ 9,020 U. S. Army Corps of Engineers • Section 7 Consultation with U. S. Fish $ 5,687 and Wildlife Service • Section 401 Water Quality Certification $ 3,765 or Waiver of Certification from the Regional Water Quality Control Board • Section 1600 Streambed Alteration $ 5,668 Agreement with California Department • of Fish and Game (CDFG) • Section 2081 Memorandum of Understanding with CDFG $ 2,600 • Dredging Lease with State Lands Commission $ 4,565 (if required) SUBJECT: UPPER NOPORT BAY UNIT III SEDIAT CONTROL AND ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEED WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK June 26, 1995 Page 6 • Coastal Development Permit with the $ 6,715 California Coastal Commission • Reimbursables L210 SUBTOTAL= $ 40,820 Project Management (John M. Tettemer & Associates, Ltd.) • Assumes Six Months of Additional $ 30,000 Project Management Services Including: Mitigation Credit and Funding Agreement Preparation and Negotiation with Resource Agencies and Ports, Reporting and Coordination with Executive Committee, and General Project Management and Coordination TOTAL = $142,487 SUMMARY OF FUNDING In April, the City Council approved a budget amendment in the amount of $305,000 for the Unit III project which provided for contributions from The Irvine Company, Orange County, and the Dover Shores Community Association. The City has provided funds in the current budget and proposes to provide an additional $100,000 in the 1995/96 budget for management of the project. The Upper Newport Bay Executive Committee has approved the expenditure of project management costs as part of the total project cost which will be reimbursed when mitigation funds are obtained for the Project Cost and Maintenance Annuity Fund. Funds available in the current budget and proposed 1995/96 budget are as follows: 1994/95 General Fund Account #7011 P301004A Contribution Fund Account #7251 P301004A •. .• General Fund Account #7011 P301004A SUBTOTAL TOTAL • $ 12,602.47 $ 93.000.00 $105,602.47 • $100.000.00 $205,602.47 • SUBJECT: UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL AND ENHANCEMENT PROJECT - AUTHORIZATION TO PROCEED WITH SURVEYING, ENVIRONMENTAL DOCUMENTATION, RESOURCE AGENCY PERMITTING AND ADDITIONAL PROJECT MANAGEMENT WORK June 26, 1995 Page 7 1=91601ATMIOPNX 1. Initiate surveying, CEQA documentation, resource agency permitting and project management work as specified under the attached agreements. 2. Continue to work with the resource agencies through the State Resources Agency on obtaining final agreement on securing additional mitigation credits over and above the 50 acres already approved for the Unit 111 project. 3. With assistance from the State Resources Agency, initiate negotiations on the terms of the mitigation credit and project funding agreement between the resource agencies, one or more of the ports interested in buying mitigation credits, and the City. Funding agreement will be developed for future Council consideration. 4. Develop a scope of work and Consultant Services agreement for the preparation of plans specifications and estimates for future Council consideration. Qonebb Public Works Director JW:so N i 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT 7 _/41 -9S FROM: CITY CLERK DATE: July 14, 1995 SUBJECT: Contract No. C- 2987(E) Description of Contract Upper Newport nay Unit III Sediment Control - Mapping Services Effective date of Contract July 13, 1995 Authorized by Minute Action, approved on June 26. 1995 Contract with Rattray & Associates. Inc. Address 500 East Dyer Road Suite E Santa Ana, CA 92707 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CONSULTANT AGREEMENT UPPER NEWPORT BAY MAPPING SERVICES THIS AGREEMENT, entered into this / day of 1995, by and between the CITY OF NEWPORT BEACH, a munici al corporation, (hereinafter referred to as "CITY ") and Rattray & Associates, Inc., whose address is 500 East Dyer Road, Suite E, Santa Ana, CA 92707 (hereinafter referred to as "CONSULTANT") is made with reference to the following: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY and CONSULTANT desire to enter into an agreement for professional services to provide mapping of the Upper Newport Bay; specifically, for the Unit III Sediment Control and Enhancement Project and dredging in the Upper Bay Access Channel, Lido Access Channel, and the Dover Shores area. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this agreement shall commence on the / day of July, 1995, and shall terminate on the 31st day of January, 1996, unless terminated earlier as set forth herein. necessary to: • •: - - • :2 I • CONSULTANT Services shall include professional and technical services A. 100 scale orthophotos with topography. CONSULTANT shall provide services as outlined herein and more fully described in the Letter Proposal dated May 8, 1995, attached hereto and identified as Exhibit "A." 1 • • - • • •0 CONSULTANT shall be compensated for services performed pursuant to this Agreement by invoicing CITY for services rendered on a monthly basis. Fee shall be on a time - and - materials basis, based on standard hourly rates as set forth in Exhibit "A," the proposal which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $32,000. In the event of unforeseen changes or required additions to work which are not outlined by this Agreement, the Public Works Director may authorize additional compensation. Such works shall be performed on a time - and - materials basis at the rates shown in Exhibit "A." CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. • Me • '• CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent that they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or negligent performance of work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain, at its own expense during the term of this 2 Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to CITY. Such policies shall be signed by a person, authorized by that insurer to bind coverage on its behalf and must be filed with CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, except professional liability insurance, shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements and copies of policies, if requested by CITY, of the following insurance with Best's Class B or better carriers: 1. Workers' compensation insurance covering all employees and principals of CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including, without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million ($1,000,000) combined single limit per accident for bodily injury and property damage; 4. Professional liability insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of $1 million ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made 3 or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in its own judgement may be necessary for its proper protection and prosecution of the work. CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY, with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. With the exception of workers compensation and professional liability insurance, CITY shall be named as additional insured under all insurance coverage required by this agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. • •-•■ I I a I ILS1 k IMMM CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein, directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. El The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or co- tenant, if CONSULTANT is a partnership, joint venture, syndicate, or co- tenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY upon final payment to the CONSULTANT. No report, information or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain completed and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required by CITY under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts 5 therefrom as necessary and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed serviced when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Thomas F. Rattray, President Rattray & Associates, Inc. 500 East Dyer Road, Suite E Santa Ana, CA 92707 (714) 979 -9450 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States mail, postage prepaid, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of 9 the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY or CONSULTANT of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. 7 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney / ATTEST: CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT BY: Thomas F. Rattray, President 0 EXHIBIT A • RATTRAY May S. 1995 City of Newport Beach c/o John M. Tettemer & Associates, Inc. 3151 Airway Avenue, Suite Q -1 Costa Mesa, CA 92626 Attention: Mr. Paul Jones RE: Upper Newport Bay & Access Channel Dear Mr. Jones: As requested, we are forwarding our proposal for mapping of the areas indicated on the attached 1 " =500't plat. Previous plans included the following: Sheet i Notes. Sheet 2 Sheet index. Sheet 3 Details. Sheet 4 Orthophotos of the area between PCH and 2,200', to the Lido Channel. Sheets 5 -11 Orthophotos from PCH to Old Salt Works Dike. Sheet 12 Orthophoto to Upper Newport Bay. Sheets 12 & 13 Topography for Upper Newport Bay Basin. Total nine (9) orthophoto sheets at 1 "= 100' with a contour interval of one foot to the limits indicated on the attached plat. One foot contour interval for sheets 12 and 13. Orthophotos are photo enlargements to scale. This allows a contour overlay with grid ticks for coordinate values that fits the photo background. If we use a rectified photo enlargement, it will not be exact scale and therefore cannot show contours or grid ticks. Orthophotos will cost about $2,300.00 more than rectified photo enlargements. SURVEYING 8 PHOTOGRAMMETRIC CONSULTANTS 500 EAST OYER ROAD. SUITE E. SANTA ANA. CA 92707 LOS ANGELt:S ` 1309-D. SIMPSON WAY.ESCONDIDO, CA 92025 (714) 979.9450 • FAX (714) 979 -9456 (213)413.4087 (619) 489-2324 • FAX (619) 489.2325 • City of Newport Bach c/o John M. Tettemer & Associates, Inc. May 8, 1995 Page Two. n U The following fees cover the items that we have discussed to date. 1. Topography of basin. 2. Topography, with a contour interval of one foot along the entire length of the project. 3. Soundings for Sheet 4. Mapping $ 3,000.00 Survey $ 2,000.00 Mapping $16,000.00 Survey $ 9,000.00 $ 2,000.00 The most difficult areas to get elevations on, from a boat, are from -4.0' to 0' M.S.L. That is why we have used photogrammetric methods in the past for this project. The photography must be taken at low tide, The lowest tide in June, at the best sun angle will be June 18 or June 19, 1995. If flown on those dates, we can plot contours to - 3'±M.S.L. Very truly yours, RATTR\\A_Y & ASSOCIATES, INC. �y<--Z� Thomas F. Rattray President TFR:jag Enclosures: i 6 6 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT FROM: CITY CLERK DATE: July 14, 1995 SUBJECT: Contract No. C- 2987(F) Description of Contract Upper Newport Bay Unit III Sediment Control - CEQA Technical Support Services Effective date of Contract July 13, 1 Authorized by Minute Action, approved on June. 26, 1995 Contract with Helix Environmental Planning, Inc. Address 7777 Alvarado Road, Suite 319 La Mesa, CA 91941 -3649 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach C - 2-'W7(F) CONSULTANT AGREEMENT UPPER NEWPORT BAY CEQA TECHNICAL SUPPORT SERVICES THIS AGREEMENT, entered into this k�nday of ' 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and HELIX Environmental Planning, Inc., whose address is 7777 Alvarado Road, Suite 319, La Mesa, CA 91941 -3649, and its subconsultants, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY and CONSULTANT desire to enter into an agreement for professional services to provide CEQA technical support for the Upper Newport Bay project; specifically, for the Unit III Sediment Control and Enhancement Project, and dredging in the Upper Bay Access Channel, Lido Access Channel, and the Dover Shores area. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this agreement shall commence on the / day of July, 1995, and shall terminate on the 31st day of January, 1996, unless terminated earlier as set forth herein. necessary to: SECTION 2. SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT Services shall include professional and technical services A. Review existing environmental background data related to the project. 1 0 6 B. Conduct technical studies in the areas of biological resources, noise, and air quality. C. Prepare draft and final Initial Studies, Response to Comments, Mitigation Monitoring Plan, and other necessary CEQA compliance documents for the Upper Newport Bay project. CONSULTANT shall provide services as outlined herein and more fully described in the Scope of Services, Cost Estimate, and Schedule dated June, 1995, attached hereto and identified as Exhibit "A." SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement by invoicing CITY for services rendered on a monthly basis. Fee shall be on a time - and - materials basis, based on standard hourly rates as set forth in Exhibit "A," the proposal which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $39,667. In the event of unforeseen changes or required additions to work which are not outlined by this Agreement, the Public Works Director may authorize additional compensation. Such works shall be performed on a time - and - materials basis at the rates shown in Exhibit "A." SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent that they are limited by statute, rule or regulation and the express terms of this Agreement. 2 0 6 SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance of services or negligent performance of work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain, at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to CITY. Such policies shall be signed by a person, authorized by that insurer to bind coverage on its behalf and must be filed with CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, except professional liability insurance, shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements and copies of policies, if requested by CITY, of the following insurance with Best's Class B or better carriers: 1. Workers' compensation insurance covering all employees and principals of CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including, without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general 3 0 E aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million ($1,000,000) combined single limit per accident for bodily injury and property damage; liability insurance, which covers performed in connection with be �w amount of $1 million Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in its own judgement may be necessary for its proper protection and prosecution of the work. CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY, with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED With the exception of workers compensation and professional liability insurance, CITY shall be named as additional insured under all insurance coverage required by this agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not 4 0 0 named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein, directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or co- tenant, if CONSULTANT is a partnership, joint venture, syndicate, or co- tenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY upon final payment to the CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except to support CEQA approval of sediment removal for the Upper 5 9 0 Newport Bay Unit III Sediment Control and Enhancement Project, the Newport Dunes County Recreation Area, and Dover Shores. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of CONSULTANT. No report, information or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain completed and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required by CITY under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed serviced when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. 2 0 0 All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: David Claycomb, President HELIX Environmental Planning, Inc. 7777 Alvarado Road, Suite 319 La Mesa, CA 91941 (619) 462 -1515 SECTION 13. TERMINATION Either parry may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States mail, postage prepaid, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing parry shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER A waiver by CITY or CONSULTANT of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: L ( Ci Attorney ATTEST: CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CON NO I'ZL� City Clerk cqo F1 EXHIBIT A 0 SCOPE OF SERVICES, COST ESTIMATE AND SCHEDULE JUNE, 1995 Submitted to: CITYOF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92658 Submitted by: ® ENVIRONMENTAL PLANNING, INC. 7777 Alvarado Road, Suite 319 La Mesa, California 91941 1. INTRODUCTION AND STATEMENT OF UNDERSTANDING It is our understanding that the City of Newport Beach is proposing to implement the Upper Newport Bay Sediment Control and Enhancement Project. Our understanding is based on the project description presentation provided by John Wolter and Paul Jones at our May 15, 1995 meeting in Newport Beach as well as the December, .1994 written project description prepared by John M. Tettemer & Associates. In brief, the City proposes to dredge the Upper Newport Bay Channel and a sediment control basin to increase sediment storage capacity while improving /expanding deep water habitat in the bay. It is generally agreed that the proposed project will be beneficial to the environment in the long -term. Therefore, the Initial Study to be prepared as the basis for the project's compliance document under the California Environmental Quality Act (CEQA) will focus on the dredging operation's short-term effects. This does not mean that the long -term effects will be ignored, only that the short-term effects are likely to have the greatest potential to be adverse. The Initial Study will also describe the project's expected long -term effects, including anticipated maintenance operations. As the first step in the CEQA compliance process for the subject project, HELIX will gather and review background data and conduct technical studies in the areas of biological resources, noise and air quality. It is our professional opinion that the Initial Study can rely to a great extent on the previous environmental work which has been completed within the study area by others. This prior work will provide sufficient baseline information upon which to measure the significance of the potential effects of the proposed Project. This analysis will allow the City to reach sound conclusions regarding the potential effectiveness of mitigation measures in reducing potentially significant impacts to a level of insignificance. It is a distinct possibility that sufficient evidence will exist in the record as a result of the project's Initial Study phase to justify the adoption of a Mitigated Negative Declaration (MND). The decision to prepare a Mitigated Negative Declaration, if appropriate, will be made by the City after the Initial Study has been completed. The primary issues of concern are expected to be biological resources, water quality, and construction- related impacts (i.e. noise, air quality and lighting) on the surrounding community. The construction - related effects may be of particular concern along due to the proximity of homes to the proposed 24- hour /day dredging operation. We understand that the project schedule is very important to the City. The City would like to complete project planning and permitting and initiate construction by the end of 1995. In addition, it is important to address the Bay's sedimentation problem as soon as possible. The remainder of this proposal, as well as information previously submitted to the City and our meeting with the City and its engineering consultant, demonstrate HELIX's approach to assisting the City in completing the CEQA process for this important project. 2. PROJECT TEAM Mr. David Claycomb, President of HELIX, will serve as Project Manager for this Initial Study. As President of HELIX, Mr. Claycomb has the necessary authority to arrange company -wide work assignments to ensure his availability for this project and as Project Manager, he will attend all project meetings. He will give direction to staff and subconsultants for the drafting of the Initial Study and he will review and edit the resulting text and accompanying technical reports prior to their submittal to the City. He will represent HELIX at public hearings, if requested to do so by the City. Upper Newport Bay June 13, 1995 0 Mr. Claycomb has over 17 years of environmental planning experience. He has managed more than 100 CEQA and NEPA compliance documents, including approximately 10 environmental studies relating to coastal engineering and bay dredging projects. His technical background is in the biological sciences, in particular, coastal marsh restoration and he recently oversaw the preparation of the Big Canyon Reservoir Covering Project Initial Study for the City of Newport Beach. The specifics of his related experience were discussed in a meeting with the City on May 15, 1995. Mr. Claycomb will be assisted by Dennis Marcin, Environmental Specialist. Mr. Marcin is a geologist with HELIX and well- versed in CEQA analyses and Initial Study preparation. Mr. Marcin has 15 years of experience in geology, water quality and environmental planning. He has worked on over 100 environmental and technical documents throughout southern California and the southwestern United States. Specific experience related to coastal engineering and dredging projects includes the City of San Diego Pump Station 22 upgrade; Harbor Generating Station Repowering Project; Mission Bay Park Shoreline Stabilization, Restoration and Natural Resources Management Plan; and Point Loma Treatment Plant Shoreline Protection Project. HELIX will be supported in the preparation of the Initial Study by Merkel & Associates in the area of biological resources and water quality and by Giroux & Associates in the areas of noise and air quality. Detailed resumes for Mr. Claycomb, Mr. Merkel and Mr. Marcin were included in the Statements of Qualifications which we provided to you on May 15, 1995. I understand that you are familiar with the work and qualifications of Giroux & Associates. I have therefore not included information regarding Giroux with this letter. 3. SCOPE OF WORK This section of the proposal describes the Scope of Services to be undertaken by HELIX for the Upper Newport Bay Sediment Control and Enhancement Project Initial Study. Task 1 Project Management/Administration /Meetings A. Coordinate with City staff regarding scheduling, data requirements, and analysis methodology. HELIX will, as an initial task and in consultation with the City, develop a project schedule, a detailed list of project information requirements, and a Table of Contents for the Initial Study. Throughout the course of the project, HELIX will communicate regularly with the City. It is anticipated that we will have questions regarding the project description and that we will want to discuss our approach to issue analyses and CEQA interpretations. These communications will be documented on contact report forms, as warranted, and distributed to the City. We will also utilize contact report forms for our communications with people outside of the City staff and these records will also be forwarded to the City. B. Contract administration. HELIX's Project Manager will administer the contract. This will include negotiating the final scope of work and associated fee with the City, directing the efforts of our subconsultants, editing all materials prior to their submittal to the City, reviewing all invoices prior to their submittal to the City, ensuring staff availability for the project and providing overall project direction and responsibility. HELIX will accurately track all labor and expenses associated with the project and our monthly invoices will reflect all charges for the accounting period, project charges to date and budget remaining. A brief description of the work accomplished during the accounting period will be provided on the invoice. Upper Newport Bay June 13, 1995 C. Meetings as needed with Cit,, staff. Our proposal and budget include attendance at four meetings. These include two with City staff, one at project start -up and another to discuss the results of the Initial Study. Two additional meetings are anticipated and could include meetings with the resources agencies and public. Additional meetings at the request of the City will be invoiced on a time- and - materials basis. Task 2 Technical Studies Proposals from Merkel & Associates (May 22, 1995) and Giroux & Associates (May 17, 1995) are attached to this letter. Task 3 Initial Study A. Draft Initial Study; HELIX will provide a sufficiently detailed environmental analysis and Initial Study to enable the City to reach an informed decision regarding the appropriate CEQA document for the project. The format will include a project description with graphics, a checklist, and paragraphs or expanded text explanations of the determinations. All checklist determinations will be explained including every "yes ", "no" and "maybe" response. Biological, noise and air quality technical reports would be prepared, summarized in the Initial Study and included as attachments to the document. It is anticipated that the most detailed analyses will be required for biological resources and construction- related impacts (i.e. noise, air quality and visual). For the visual analysis, photographs will be taken at several key observation points (KOPs), which will be determined based on consultation with the City. HELIX will evaluate the prominence of the dredging operation in these existing views. Short-term impacts to these KOPs will be described and the significance of the temporary change will be evaluated. The Initial Study will provide a concise determination of conclusions regarding residual significance for all issues. Mitigation measures will be clearly identified. If at any time during the preparation of the Initial Study, HELIX believes there are significant environmental impacts associated with the subject project which cannot be mitigated, HELIX will inform the City immediately. This may enable the City to modify the project description to incorporate additional "mitigation" measures or to consider changing the project's CEQA compliance strategy. B. Final Initial Study.Following the City's review of the draft Initial Study, HELIX will make any appropriate revisions to the document prior to its distribution by the City as an attachment to the CEQA compliance document. C. Responses to Comments/MitiRation Monitoring Plan. HELIX will assist the City in preparing responses to comments received on the Draft MND. A stand -alone Mitigation Monitoring Pan will also be compiled for adoption by the City with the Final MND. Upper Newport Bay June 13, 1995 4. PROJECT BUDGET 0 The estimated cost for preparing an Initial Study for the subject project is presented below. HELIX will invoice the City monthly on a time - and - materials basis for our work in progress. Task/Personnel Task 1 Proiect Manaeement/Administration /Meetings (4 Rate/Hr. Hrs. Claycomb $105.00 Clerical $45.00 Other Direct Costs (phone, fax, copies, mileage, etc.) Project Initiation/Site Reconnaissance Claycomb Marcin Paine Direct Costs (mileage) Task 2 Subconsultant Technical Reports/Involvement Claycomb/Management & QA Merkel & Associates (proposal attached) Giroux & Associates (proposal attached) HELIX Administration (10 %) Task 3 Draft Initial Study Claycomb Marcin Paine Graphics/Production Word Processing /Clerical Printing (5 copies /100 pages each) Final Initial Study Claycomb Marcin Graphics/Production Word Processing /Clerical Printing (50 copies /100 pages each) Responses to Comments and Mitigation Monitoring Plan Claycomb Marcin Upper Newpon Bay June 13, 1995 $105.00 $70.00 $45.00 $105.00 $105.00 $70.00 $45.00 $55.00 $45.00 40.0 12.0 Subtotal 8.0 12.0 8.0 Subtotal IXfJ Subtotal 24.0 40.0 8.0 16.0 24.0 Total Estimated Cost Cost $4,200.00 540.00 400.00 $5,140.00 $840.00 840.00 360.00 60_00 $2,100.00 $1,260.00 13,152.00 3,250.00 1.640.00 $19,302.00 2,520.00 2,800.00 360.00 880.00 1,080.00 35_00 $7,675.00 $840.00 840.00 220.00 540.00 350-00 $2,790.00 $420.00 2,240.00 $2,660.00 $39,667.00 Subtotal $105.00 8.0 $70.00 12.0 $55.00 4.0 $45.00 12.0 Subtotal $105.00 4.0 $70.00 32.0 Subtotal Total Estimated Cost Cost $4,200.00 540.00 400.00 $5,140.00 $840.00 840.00 360.00 60_00 $2,100.00 $1,260.00 13,152.00 3,250.00 1.640.00 $19,302.00 2,520.00 2,800.00 360.00 880.00 1,080.00 35_00 $7,675.00 $840.00 840.00 220.00 540.00 350-00 $2,790.00 $420.00 2,240.00 $2,660.00 $39,667.00 5. PROJECT SCHEDULE The following is the suggested project schedule, which assumes our receipt of an authorization to proceed and background materials, including all project description information, from the City by June 2, 1995: Authorization to proceed and receipt of all background materials Complete technical studies Complete draft Initial Study and submit to City Receive City comments and discuss CEQA compliance strategy Revise Initial Study per City comments and submit to City City Initiates Public Review Period End Public Review Period Prepare Responses to Comments/MMP City Comments Finalize Responses to Comments /MMP City Approves Final MND/MMP 6. DELIVERABLES AND ASSUMPTIONS June 30, 1995 July 28, 1995 August 11, 1995 August 25, 1995 September 1, 1995 September 8, 1995 October 9, 1995 October 20, 1995 October 27, 1995 November 3, 1995 November, 1995 A. HELIX will provide the City with five copies of the draft Initial Study and 50 copies of the final Initial Study for public distribution by the City. Each report will include the associated technical studies as appendices. B. It is assumed that the City will provide a large -scale recent aerial photograph of the study area to HELIX for our team's use in preparing the Initial Study. C. The HELIX team will rely entirely on the City or it's engineering consultant to provide all necessary project description information including text, maps and engineering drawings which describe the dredging operation, staging, scheduling, lighting, equipment types, dredge material transport and disposal, and final plans and cross - sections of the channels and basins. D. HELIX will base its analysis of the project's effects to water quality during dredging and disposal (turbidity and sediment toxicity) and post- dredging salinities on data provided by City. E. It is assumed that no baseline data collection will be necessary. The Initial Study's impact conclusion regarding biological resources (both marine and terrestrial) and water quality will be based on existing information sources. F. It is assumed that the CEQA compliance document for the project will be a Mitigated Negative Declaration. G. The City will prepare and distribute all CEQA notices and the project's Mitigated Negative Declaration. H. The Scope of Services does not include permit- related services such as permit application completion and processing, mitigation planning and negotiations with resource agencies. Upper Newport Bay June 13, 1995 5 Merkel & Associates, Inc. 4455 Murphy Carryon Road. Sufte 120 • Son Diego, CA • 92123 ph. (g19) 550-W5 • Fox Will) 5734069 May 22, 1995 M&A# 95. 042.00 David Claycomb Helix Environmental 7777 Alvarado Road, Suite 319 La Mesa, CA 91941.3649 Rez Middle and Upper Newport Bay Dredging Program Biological and Water Quality Tasks for Environmental Documentation Dear I)"-. As requested, this sope of work and estimated cost proposal has been provided to you for aadstance in preparation of an overall scope and budget for the Middle and Upper Newport Bay Dredging Program mitigated negative declaration. Merkel & Assodates, Inc. will provide the following services in support of Helix Environmental for the preparation of the environmental document for the propoxd projeci- Project Initiation Under this task. Merkel & Associates will review existing documents to ensure that adequate information e,3d%U for the prepsmdan of the necessary environmental document. It is anticipated that a few agene contacts will be made to explore the status of each agency's concerns and to help develop a better draft project- scoping format. During this phase, should additional informatdon needs be identified. they will be brought forth to the City and a request will be made of the City to provide the information. have their design consultants prepare the information or to authorize Helix and Merkel & Associates to develop the necessary information to fulfill the requirements of the environmental documentation program. 2. Document RevilimAnformation Summary It is our understanding that for the past few years the City of Newport Beach and their consultants have assembled specific detailed project information documents and bialoglral technical data in support of the proposed project words. It is anticipated that this information would provide substantial tccbx eel data which can be utilized to evaluate the dredging operations and the environmental effects of such work on the biological systems, In addition, we understand the City has prevlotuly prepared environmental documents for work of a similar nature in the specific locations addressed by this project. As a result, we anticipate that the information provided in these documents and technical studies support materials can be utilized to complete the review of the proposed project wosit and can be utilited in support of the negative declaration. Merkel &.Associates proposes, thrreforr, in rrvlrw these documents for adegtury and to hasp its development of the impact and mitigation information on these existing document. 9iOlclpigl Cena{Ih11� . 5nvironmflnt81 Penn lO . Habnat Re.t"ton . Foobpical ManageMent David Ckycomb May 22, 1995 Page 2 3. Agency Contact and Coordination The proposal to use a mitigated negative declaratiast as the CEQA environmental document is based oat the general concurcnec that the proposed work would be beneficial to the overall bay environment including water quality, sediment management and natural matime. nsourcec While we understand that then remains some disagreement as to the quantification of the additional resource cul=rement credits which may be created by the proposed work, the primary'issm in the CEQA document is whether the proposed work werttid result in benefits which reasonably off- set construction period impacts and would provide for long-term benefits to the environment We propose to contact the various resource agencies to gather input as to construction period affects and to confirm their understanding of how the CEQA. document proposes to deal with environmental impacts of a short-term and loVterm basis. Although the process of mitigation credit banking should be discussed given the continued uncertainty as to the valuation of mitigation credits potentially avallable from the proposed work, we would suggest that quantitath e mitigation credits be left out of the CEQA document. In order to achieve the timetable set forth for the proposed CEQA process, it is esrxntial that the document not be tied to having final habitat credit valuations u would be required in a banking agreement. We see the concept of mitigation banking for the proposed work as being principally a financing strategy and not a component of the "project" as that term is defined trader CEQA. 4. Environmental, Docutttent and Section Preparation Under the direction of Helix Emdromnen al, Merkel &Associates shall prepare the sections of the awirarunemul doomiatt addressing water quality and bioloSkal, resources. These sections of the text will identify both short-term construction impacts and long -tens impacts and benefits assodated with the proposed work We will consider turbidity, the potential riaka of construction fuel spills and the effects of construction- generated suspended and precipitating sediments on marine orgards ns. Merkel &Amodatea will alms rlclrces bivloj iW &u6u&us assorlatad With the preserved wedands, mudflats and upland areas. Of primary focus will be issues of marine fisheries, avifauna and sensith a proposed or listed, threatened and endangered species. Merkel &Associates will utilize exi" construction and cm iroumtntal documents, discussions with the City and their design consulunu relative to the proposed project, and ezperiience with similar dredging projects to assess impacts and develop appropriate mitigation memaes to minimize adverse effects on the environment. Where specific issues are of eoncem cot trt vwLse regulated by additional responsible agencies, these meastsres wilt be discussed with those agencies to winimixe problems or conflicts to the public review process. Specifically, we propose to coordinate with the U.S. Fish and Wildlife Service and the California Department of Fish &. Game regarding endangered species issues and refuge management concerns. We also anticipate coordinating with the National Marine Eiaherics Serdce regarding marine fisheries issues and the Regional Water Quality Control Board regarding dredge water discharges. David Claycomb May 22, 1995 Page 9 S. 'Internal CoordmationXcreen Check Review This item is to allow for coordination with Helix Environmentaj, City planning and project staff and design consultants for the proposed project work. Coordination is anticipated to cover issues of project, description, project implementation approach, mitigation measure evaluation and construction schedule, as well as review of screen check environmental documents by City staff. Public Meetings and Hwrings MedvJ &Associates would provide Keith Merkel to attaid two public meetings or hearings to speak on behalf of the biological components and to answer questions relative to, the environmental document assessment and to take public input. 'Phis task includes preparation time for the meeting and time for preparation of summary information or for a debriefing with City staff. Response to Comments Merkel & Associates will prepare responses to comments on the draft environmenul document as requested by Helix Environmental. It is anticipated at this time that the comments will be of the number and extant typical of a project of this type and magnitude. It is anticipated that Merkel & Assodates Will have to address no more than 20 original comments and that no more than 50 repeat comments will be made in the received public testimony and letters of comment on the draft negative declaration. Attached is cost proposal to conduct the identified tasks. This proposal is based on information provided by the City in the project description information package and during the project interview. 'lids budgeting is preliminary and can be finalized after the completion of the project initiation phase when project evaluation needs are more specifically identified. If you have any questions regarding this proposal, please contact me. Slatcerely, !� Keith W. Merkel Principal Consultant E Middle and Upper Newport Say Dredging Program Biological and Water Quality Tasks for Envimnattental Documentation Task Staff/Reimb. Rate Flours Line Total Task Totals I. Project Initiation Principal $95.00 4 $380.00 Sr. Bid. $65.00 4 $260.00 Mar. Tech. $48.00 8 $384.00 ReproJGraph. $20.00 $1,044.00 2.Oowmtnt RrAM/ Nitulpal $95.00 12 $1.140.00 Information Summary Sr. Biol. $65.00 8 $520.00 Assoc Biol. $55.00 6 $440.00 Mar. Tech. $48.00 16 5768.00 Mileage $0.29 220 $63.80 ReprOGraph. $40.00 ,971.80 3. Agency Contact and Principal $95.00 16 $1.520.00 Coortination Sr. Viol. $65.00 8 $520.00 Mileage $0.29 220 $63,60 RepraJGnph. $2,103.80 4. Environmental Doc. principal $95.00 16 $1.520.00 Section Preparation Sr. Biol. $65.00 16 511040100 GraphicVrech $42.00 8 $336.00 52.89d.00 5. Internal Coordination Principal 595.00 12 $1.140.00 Sheen Check Review Sr_ Biol. $65.00 4 $260.00 Mar. Tecft. $46.00 4 $192.00 $1 ,592.00 6. public Meetings and Principal $95.00 16 $1,520.00 Hearings 1520.00 7. Response to Comments Principal $95.00 4 $380.00 Sr. Vol. $65.00 4 5260.00 Mar. Tech. $48.00 6 $384.00 $1424.00 Grand Total $13, l 1.60 1 *I- 0 Environments! Consultants May 17, 1995 HELIX Environmental Planning Attn: David Clayoonb 7777 Alvarado Road, Suite 319 La Rosa, CA 91941 -3647 0 Re: Upper Newport Day Sediment Control projects Our Reference No. Q.95 -55 Dear Dave, We are pleased to be asked to conduct a noise technical study and to prepare a limited air quality evaluation for the above project. The noise study will include: - baseline noise measurements near up to six (6) sensitive receivers, - obtaining (by measurement or from available data resources) noise spectra on similar dredging operations, superimposing project noise upon the baseline and relating impacts to City of Newport Beach standards, identification of mitigation measures needed to meet standards and /or reduce nuisance potential. The air analysis will: - quantify dredge equipment air pollution emissions relative to SCAOM CsQA Handbook significance criteria, - discuss odor nuisance potential from dredged material with high organic content. our fee for the noise discussion combined will your management of this Sincerely, Hans D. Giroux senior scientist Giroux 4 ABlociater HDG:ai n -2- technical report and for the air quality not exceed $3,250. We wish you euccess in interesting project.