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.