HomeMy WebLinkAboutC-4825 - MOA for Rhine Channel Contaminated Sediment Cleanup ProjectTHIRD AMENDMENT TO MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND
1 THE CITY OF LONG BEACH,
ACTING BY AND THROUGH ITS BOARD OF
HARBOR COMMISSIONERS
THIS THIRD AMENDMENT TO MEMORANDUM OF AGREEMENT
('Third Amendment ") is made and entered into, in duplicate, as of the date
executed by the Executive Director of the Long Beach Harbor Department
( "Executive Director "), by and between the CITY OF LONG BEACH, a municipal
corporation, acting by and through its Board of Harbor Commissioners ( "City ")
pursuant to authority granted by said Board at its meeting of Cf 110
2012; and the CITY OF NEWPORT BEACH, a municipal corporation ('Third
Party').
1. Recitals. This Third Amendment is made with reference to the
following facts and objectives:
1.1 City and Third Party entered into a written Memorandum of
Agreement on April 19, 2011 (Harbor Department Document No. HD-
7745) ( "Original MOA "), concerning the delivery and placement by Third
Party of certain of its dredge material in the Port of Long Beach's Middle
Harbor during the early phases of City's Middle Harbor Redevelopment
Project, which Original MOA was amended by First Amendment on
November 16, 2011 (HD- 7745A) and by Second Amendment on April 27,
2012 (HD- 77456) (collectively, the "MOA ").
1.2 Third Party has now requested that it be allowed to extend
its dredge material delivery period, and City is willing to agree to allow the
same, subject to the terms and conditions below.
2. Replace Exhibit A. Exhibit A of the MOA including all of its
attachments is hereby deleted and replaced in its entirety with the 'Third Party
Fill Plan Memo" dated September 10, 2012 attached to this Third Amendment as
Exhibit A and incorporated herein by this reference.
3. Representations and Warranties. As part of City's material
consideration for entering into this Third Amendment, Third Party hereby
represents and warrants to City that Third Party's representations and warranties
contained in paragraph 12 of the MOA are true, complete and correct in all
respects on and as of the date of its signature of this Third Amendment with the
same effect as though such representations and warranties had been made on
and as of the date of its signature of this Third Amendment.
Document No. HD- 77`/5��- 1
Luppmcy�Wp�wniiwo 1174.0 Al 140M
3- MDT0M0RNB -'M5 NEW RTBEACII M al
4. Further Assurances. Third Party agrees to provide any additional
materials or information reasonably requested by City in furtherance of the intent
and purposes of this Third Amendment.
5. No Other Changes. Except as expressly provided in this Third
Amendment, all of the terms and conditions of the MOA shall remain unchanged
and in full force and effect.
[Signature Page Follows]
LVygslClyldM.{TWPpuCS \WMMIIID 1174.O All -0OYdi
] °AlADTOMOA HO>!a5 NMMAr BEACH PI )
Attest:
CITY OF NEWPORT BEACH, a municipal
corporation
2012 By:
Name:
Title: M?.x.C. 2e
2012 By:
Name:
Title:
l r
on Co. pt tty orney
THIRD PARTY
CITY OF LONG BEACH, a municipal
corporation, acting by and through its
Board of Harbor Commissioners
9/1;L11Z , 2012
J. Christopher Lytle
Executive Director
Long Beach Harbor Department
The foregoing document is hereby approved as to form.
ROBERT E. SHANNON, City Attorney
2012 By:
Tiffani L. Shin, Deputy
[Signature Page to 3rd Amendment to Third Party Dredge Material MOA]
L:\Apps\CtyLaw32\WPDo \D02b\P011\00341174.DOC All -00293
3'a AMD TO MOA HD -7745 NEWPORT BEACH [TLS/al
EXHIBIT A
THIRD PARTY FILL PLAN MEMO
[Attached.]
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3'O AMD TO MOP HD'nd5 NEWPORT BEACH �TLSIej
THIRD PARTY FILL PLAN MEMO
Version 4.0 September 10, 2012
This memorandum sets forth specific details associated with the materials to be delivered by the City of
Newport Beach to the City of Long Beach.
DELIVERY PERIOD
The delivery period for the third party material shall be as stated below. Any changes to the delivery
period will be according to the provisions of the MOA. The delivery cannot commence until the City
constructs the retention dike and the site is made available. It is understood, the City has entered into a
Contract with Manson /Connelly JV to construct the retention dike for the Slip 1 fill location and
coordinate the deposit of Third Party materials. The retention dike is anticipated to be in place and the
fill site available by August 2011. The City will notify the third party in writing when the disposal site is
available.
Delivery Period is August through December, 2011 plus an option at the sole discretion of City to
extend this period to October 12, 2012 for additional material from other Federal Channel areas in
Newport Beach.
VOLUME OF MATERIAL
The total volume of material the Third Party anticipates delivering to the City is up to 215,000 cubic
yards, which includes 85,000 cubic yards from the Rhine Channel, 65,000 cubic yards from the Newport
Channel and the West Lido Channel Area A, and 65,000 cubic yards from the other Federal Channel
areas. This quantity is approximate and may vary by 10% without this memorandum needing to be
revised.
MATERIAL CHARACTERISTICS
The materials to be delivered are generally characterized as silt /clay materials dredged from the
Rhine Channel, Newport Channel, West Lido Channel Area A and other Federal Channel areas
representing contaminated sediment cleanup. The material characteristics are based on
geotechnical reports provided by the City of Newport Beach with the application dated June 30,
2010, additional geotechnical data dated September 2010, and the request for a revised
application dated June 23, 2011.
Based on the geotechnical information provided, the proposed dredge materials have the following
typical geotechnical characteristics:
o Mostly fine- grained soils with up to 25 percent clays (percentage of materials finer than 2
micrometers in diameter) and up to 75 percent silts [percentage of materials that are larger
Exhibit A Page 1 of 2
than 2 micrometers in diameter and smaller than No. 200 sieve opening (75 micrometers in
diameter)].
Based on early chemical information provided by the City of Newport Beach, the proposed dredge
materials have the following specific characteristics:
G All boring locations exceed ERL and /or ERM levels for Mercury, Copper and Zinc. Also, all boring
locations exceed ERL and /or ERM levels for PCBs and DDT.
Any material not consistent with the general characteristics represented by the testing performed will
not be permitted to be placed in the fill
PLACEMENT METHODS
The materials are to be delivered by barge and deposited in the Slip 1 Layer 1 area within the
Middle Harbor in the Port of Long Beach as directed by the Port. A detailed fill drawing identifying
cells to deposit material into the Slip 1 will be provided prior to scheduled placement and updated
on as needed basis. The cell arrangement will vary from week to week and Newport Beach will be
required to coordinate this arrangement with other Third parties and Port contractors placing
material into Slip 1. The deposited materials shall be placed in a manner as to create a relatively
consistent elevation, with undulations not to exceed 4 feet vertically from the surrounding area.
The material shall be placed in a pattern of barge placement that does not continuously overlap
previous placement.
Any debris from the Third Party material disposal shall be removed by the Third Party and properly
disposed of outside the Port of Long Beach.
GENERAL REQUIREMENTS
The Third Party shall schedule a pre - disposal coordination meeting with the City at least fourteen
calendar days prior to scheduled delivery.
In addition to Conditions Precedent, Section 6 of the MCA, the Third Party shall provide for the
City's review and approval copies of all permits, insurance, indemnity forms no less than thirty
calendar days prior to scheduled delivery in accordance with the MOA.
Exhibit A Page 2 of 2
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND
THE CITY OF LONG BEACH,
ACTING BY AND THROUGH ITS BOARD OF
HARBOR COMMISSIONERS
THIS SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT
( "Second Amendment") is made and entered into, in duplicate, as of the date
executed by the Executive Director of the Long Beach Harbor Department
( "Executive Director"), by and between the CITY OF LONG BEACH, a municipal
corporation, acting by and through its Board of Harbor Commissioners ( "City ")
pursuant to authority granted by said Board at its meeting of `-i A 1,0
2012; and the CITY OF NEWPORT BEACH, a municipal corporation ( "Third
Party ").
1. Recitals. This Second Amendment is made with reference to the
following facts and objectives:
1.1 City and Third Party entered into a written Memorandum of
Agreement on April 19, 2011 (Harbor Department Document No. HD-
7745) ( "Original MOA "), concerning the delivery and placement by Third
Party of certain of its dredge material in the Port of Long Beach's Middle
Harbor during the early phases of City's Middle Harbor Redevelopment
Project, which Original MOA was amended by First Amendment on
November 16, 2011 (HD- 7745A) (collectively, the "MOA").
1.2 Third Party has now requested that it be allowed to extend
its dredge material delivery period, and City is willing to agree to allow the
same, subject to the terms and conditions below.
2. Replace Exhibit AExhibit A. Exhibit A of the MOA including all of its
attachments is hereby deleted and replaced in its entirety with the "Third Party
Fill Plan Memo" dated March 13, 2012 and its attachments which are attached to
this Second Amendment as Exhibit A and incorporated herein by this reference.
3. Representations and Warranties. Warranties. As part of City's material
consideration for entering into this Second Amendment, Third Party hereby
represents and warrants to City that Third Party's representations and warranties
contained in paragraph 12 of the MOA are true, complete and correct in all
respects on and as of the date of its signature of this Second Amendment with
the same effect as though such representations and warranties had been made
on and as of the date of its signature of this Second Amendment.
LV.yp,�3B W 1,10001 REG.U"C
t°ArmroMaAim.nu
Document No. HD-
A11-04A]
NEWPOM"EAENjIWO�
4. Further Assurances. Third Party agrees to provide any additional
materials or information reasonably requested by City in furtherance of the intent
and purposes of this Second Amendment.
5. No Other Changes. Except as expressly provided in this Second
Amendment, all of the terms and conditions of the MOA shall remain unchanged
and in full force and effect.
[Signature Page Follows]
L�NO3eVg11bW10309.00c A��m3m
Y°NiDTO UUIm�nu NtWPOPr BFAGMIi�'al
Attest
'
Date* _ 3/Z 1// 7--
41 2012
CITY OF NEWPORT BEACH, a municipal
corporation
By: c - �• � 1
Name: b..; a a • It:,%
Title: L- t-N.
By:
Name:
Title:
THIRD PARTY
CITY OF LONG BEACH, a municipal
corporation, acting by and through its
Board of Harbor Commissioners
By:
C J. Christopher Lytle
Executive Director
Long Beach Harbor Department
CITY
The foregoing document is hereby approved as to form.
ROBERT E. SHANNON, City Attorney
2012 By: k-
Trffani L. Shin, Deputy
[Signature Page to 2nd Amendment to Thins Party Dredge Material MOA]
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4:4:1Wliffa1
THIRD PARTY FILL PLAN MEMO
[Attached.]
4
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Ail-0Ot8]
Y°AA010 YOA19'//IS NENPORIBEACN�LNe�
THIRD PARTY FILL PLAN MEMO
Version 3.0 March 13, 2012
This memorandum sets forth specific details associated with the materials to be delivered by the City of
Newport Beach to the City of Long Beach.
DELIVERY PERIOD
The delivery period for the third party material shall be as stated below. Any changes to the delivery
period will be according to the provisions of the MCA. The delivery cannot commence until the City
constructs the retention dike and the site is made available. It Is understood, the City has entered into a
Contract with Manson /Connelly JV to construct the retention dike for the Slip 1 fill location and
coordinate the deposit of Third Party materials. The retention dike is anticipated to be in place and the
fill site available by August 2011. The City will notify the third party in writing when the disposal site is
available.
Delivery Period is August through December, 2011 plus an option at the sole discretion of City to
extend this period to June 30, 2012 for additional material from other Federal Channel areas in
Newport Beach.
VOLUME OF MATERIAL
The total volume of material the Third Party anticipates delivering to the City is up to 215,000 cubic
yards, which includes 85,000 cubic yards from the Rhine Channel, 65,000 cubic yards from the Newport
Channel and the West Lido Channel Area A, and 65,000 cubic yards from the other Federal Channel
areas. This quantity is approximate and may vary by 10% without this memorandum needing to be
revised.
MATERIAL CHARACTERISTICS
The materials to be delivered are generally characterized as silt /clay materials dredged from the
Rhine Channel, Newport Channel, West Lido Channel Area A and other Federal Channel areas
representing contaminated sediment cleanup. The material characteristics are based on
geotechnical reports provided by the City of Newport Beach with the application dated June 30,
2010, additional geotechnical data dated September 2010, and the request for a revised
application (attached) dated June 23, 2011.
Based on the geotechnical information provided, the proposed dredge materials have the following
typical geotechnical characteristics:
o Mostly fine- grained soils with up to 25 percent clays (percentage of materials finer than 2
micrometers in diameter) and up to 75 percent silts [percentage of materials that are larger
Exhibit A Page 1 of 2
than 2 micrometers in diameter and smaller than No. 200 sieve opening (75 micrometers in
diameter)].
Based on early chemical information provided by the City of Newport Beach, the proposed dredge
materials have the following specific characteristics:
o All boring locations exceed ERL and /or ERM levels for Mercury, Copper and Zinc. Also, all boring
locations exceed ERL and /or ERM levels for PCBs and DDT.
Any material not consistent with the general characteristics represented by the testing performed will
not be permitted to be placed in the fill
PLACEMENT METHODS
The materials are to be delivered by barge and deposited in the Slip 1 Layer 1 area within the
Middle Harbor in the Port of Long Beach as directed by the Port. A detailed fill drawing identifying
cells to deposit material into the Slip 1 will be provided prior to scheduled placement and updated
on as needed basis. The cell arrangement will vary from week to week and Newport Beach will be
required to coordinate this arrangement with other Third parties and Port contractors placing
material into Slip 1. The deposited materials shall be placed in a manner as to create a relatively
consistent elevation, with undulations not to exceed 4 feet vertically from the surrounding area.
The material shall be placed in a pattern of barge placement that does not continuously overlap
previous placement. In no case shall the material be allowed to be deposited at a height above
elevation -20' MLLW.
Any debris from the Third Party material disposal shall be removed by the Third Party and properly
disposed of outside the Port of Long Beach.
GENERAL REQUIREMENTS
The Third Party shall schedule a pre - disposal coordination meeting with the City at least fourteen
calendar days prior to scheduled delivery.
In addition to Conditions Precedent, Section 6 of the MOA, the Third Party shall provide for the
City's review and approval copies of all permits, insurance, indemnity forms no less than thirty
calendar days prior to scheduled delivery in accordance with the MOA.
Attachments:
City of Newport Beach request for revised application
Exhibit A Page 2 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Harbor Resources Division
June 23, 2011
Mr. Tom Baldwin
Port of Long Beach
925 Harbor Plaza
Long Beach, CA 90802
RE: REVISED APPLICATION INFORMATION FOR MIDDLE HARBOR DISPOSAL OF
FEDERAL AND CITY MATERIAL FROM LOWER NEWPORT BAY, NEWPORT BEACH,
CALIFORNIA
Dear Mr. Baldwin
On behalf of the U.S. Army Corps of Engineers, Los Angeles District (Corps), and the City of
Newport Beach, I would like to respectfully request a modification to the source and quantity of
material planned for disposal at the Middle Harbor fill site originating from Newport Harbor.
Per our recent conversations, the City of Newport Beach (City) has refined its estimated dredge
volume for the Rhine Channel and other City properties to be approximately 100,000 cubic yards
instead of the previous estimate of 150,000 cubic yards. Separately, the Corps of Engineers has
also revised Its estimated volume of contaminated sediment in the harbor from approximately
700,000 cubic yards to around 200,000 cubic yards. Of this amount, approximately 110,000
cubic yards of contaminated material (approximately 130,000 cubic yards with OD included) has
been identified as a priority for removal from the Harbor, and the City and the Corps would like to
have it dredged towards the end of the year. The allached figure shows the location and
quantifies of material Identified for priority removal. Both clean and contaminated areas are
identified with the dean areas currently targeted for disposal at LA -3.
The current Memorandum of Agreement (MOA) between the POLB and the City allows for
disposal of 150,000 cubic yards (plus 10 %) from the Rhine Channel or a not to exceed amount of
165,000 cubic yards. The City proposes to reduce the amount of material originating from the
Rhine Channel area to approximately 100,000 cubic yards and then add the remaining
approximately 65,000 cubic yards from the "Newport Channel" and "West Lido Channel Area K
portions of the Federal Channel to meet the previous volume commitment of Newport material to
the fill site. These areas are located immediately to the east in the approach to the Rhine
Channel.
Also, if the POLB Is amenable, the City and the Corps would like to bring the material from the
remaining priority contaminated areas to the Middle Harbor fill site as well. This additional
volume totals approximately 65,000 cubic yards (with OD Included) and includes material from
the following reaches of the Federal Channel: Lido Isle Reach North, Balboa Island Channel,
portions of West Lido Channel Area "A' and the area in front of the Coast Guard docks.
Attached to this letter are detailed maps of each dredge area proposed for addition to the MOA as
well as summary physical and chemical data to assist in the evaluation. The material is
chemically similar to the Rhine Channel sediment, but slightly better quality from a geotechnical
perspective. The Corps Is currently preparing Its internal environmental and engineering
documents and plans to advertise the project on August 1 with a contractor on -board and ready
to dredge by the middle of October 2011. Thus, this work would overlap with the Rhine Channel
project, however, depending on the contractor selected and size of the equipment used, it may
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644 -3034 FX: (949) 723 -0589 a www. newportbeachca .gov /harborresources
require a little more time to place in the fill site than the current window for the Rhine Channel
sediment (August 1 to December 31, 2011). The Corps feels confident that it can complete the
additional work no later than February 28, 2012.
In summary, what the City and the Corps are requesting at this point are the following three
items:
(1) A substitution of approximately 65,000 cubic yards of material from the "Newport
Channel" and "West Lido Channel Area A° portions of the Federal Channel to make up
the total volume of material currently identified in the City's MOA with the POLB.
(2) The addition of another approximately 65,000 cubic yards of material from other Federal
Channel areas for disposal into the Middle Harbor fill site.
(3) An extension to the disposal window by up to 60 days for the additional Federal Channel
material, If approved for disposal.
The City of Newport Beach remains aggressive in its preparation for this work. The Dutra Group
has already been authorized to proceed with construction and we are anticipating a start dale of
August 1, 2011 for the Rhine Channel dredging. As stated in the past, we are very committed to
this project and are excited about the opportunity to work with the Port of Long Beach on this
endeavor.
Furthermore, the City recognizes the unlque opportunity for contaminated sediment disposal
afforded by the Port with the Middle Harbor fill site. Should additional opportunities for disposal
become available now or In the future, and pending Council approval, the City is financially
prepared to provide additional material for use in the fill.
If you should have any questions or require additional information on the details of our project,
please do not hesitate to contact me via phdne or email. Thank you for considering our
application modification.
Sincerely,
"ta
Chris Miller
Harbor Resources Manager
(949) 644 -3043
emiller(@newportbeachea.gov
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Balboa Island Channel (Area BC)
Station Locations
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Gonventionals (%)
Metals (mg/kg),
Gravel 0.1
Arsenic (As) 6.4
Sand 40.5
Cadmium (Cd) 110
Silt 26.6
Chromium (Cr) 27.5
Clay 32.8
Copper (Cu) 61.4
TOC 0.8
Lead (Ph) 28
Total Solids 58
Mercury (Hg) 1.62
Hg Maximum 3.01
Hg Minimum 0.11
Organics (µg[kg)
TBT 16.
Total PAHs 295
Nickel (Ni) 18.1
Total Detected PCB Aradors 85
Selenium (Se) 0.8 U
Total Detected DOT 86
Silver (Ag) 0.3 U
Chlorinated Pesticides All ND
Zinc (Zn) 107
West Udo Channel &,Newport Channel
Station Locations
i t 3u
• 4".r+y51.`<wXv t` I ®f COmposlte s tlon with full chemistry °'
mm
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aConventlonals'( %)1 "^
Metals (rog/kg)L,
' Samples, Comp
Samples
Comp
Gravel 3.2
Arsenic (As)
8.65
4.0-97.72
Sand 42,7
Cadmium (Cd)
1.20
Slit 16.6
Chromium (Cr)
31.0
2.3-96.0'
Clay 37.4
Copper (Cu)
91.0
TOC 0.09 -2.0 1.29
Lead (Pb)
29.0
Total Solids 38.4 -68,5 49.5
Mercury (Hg)
Hg Maximum 5.6
Hg Minimum 0.04
0.82
3.47
0.19
� rgamcs;,(Ng/kg) _. - . Y
TBT 17
Total PAHs 6.5 U
Nickel (NI)
19.0
Total Detected PCB Aroclors 32
Selenium (Se)
O.66
Total Detected DDT 28
Silver (Ag)
O.40U
Chlorinated Pesticides All ND
Zinc (Zn)
166
'Value includes the sum of gravel and sand
b Percent fines -value includes the sum of slit and .clay
-r
Yacht Anchorage -Middle Portion (Area YAM)
Station Locations
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- EConventionals,W)
Metals;(mg/kg)
VerticalStrata UpperW- Lower4''
Vertical Strata Upper 4'
Lower 4'
Gravel 0.1 0.0
Arsenic (As) 7.6
9.2
Sand 6.2 12.2
Cadmium (Cd) 1.6
1.6
Silt 43.2 37.8
Chromium (Cr) 35.0
46.0
Clay 50.7 50.3
Copper(Cu) 48.0
47.8
TOC 1.1 1.3
Lead (Pb) 27
41
Total Solids 48.0 53.9
Mercury (Hg) 0.16
Hg Maximum 0.28
Hg'Minimum 0.10
0.56
2.25
0.11
- +Orgariicsi(pg/kg)
TBT 4.2 3.3 U
Total PAHs '228 126
Nickel (Ni) 25.0
28.6
Total Detected PCB Aroclors 24.0 67.0
Selenium (Se) 1.0 U
0.9 U
Total Detected DDT 71.0 152
Silver (Ag) 0.4 U
0.4 U
Chlorinated Pesticides All ND All ND
Zinc (Zn) 127
141
Lido islanAChannel - North (Area LIN)
Station Locations
_ 1
C
Gohventlonals ( %)
Metals` +(mg %kg)
,°
Gravel 0.5
Arsenic (As)
6.9
Sand 27.2
Cadmium (Cd)
1.2
Silt 36.9
Chromium (Cr)
28.8
Clay 42.6
Copper (Cu)
42.5
TOC 1.3
Lead (Pb)
31
Total Solids 53.9
Mercury (Hg)
Hg Maximum
Hg Minimum
1.06
1.77
0.28
TBT 3.9
Total PAHs 221
Nickel (Ni)
19.8
Tota( Detected PCB Aroclors .50.0
Selenium (Se)
0.9 U
Total Detected DDT 57
Silver (Ag)
0.4 U
Chlorinated Pesticides All ND
Zinc (Zn)
103'
Figure?. Sampling Locations at the Guest Docks and on Interceptor Beach (base map from Noble
Consultants).
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Table 3. Guest Docks and Interceptor Beach Sediment Grain Size and TOC Summary.
AualyteName
Al
Guest Docks
A2 A3
A4.
Intefeeptol Beach
C1L2 C3 -C4 C5-C6
Grain 'Ske!%1
'
Sand
93.9
71.6
67A
63.5
98.9
98.8
Sul
2.2
9:6
11.6
14.6
_
0.6
0.8
_ _98.6_
1 ,
Clay
3.9
18.7
21.4
21.9
0.4
0.4
0.5
Cenventtanals
TotalOmanic Cadbon(mnika dry)
0.062)
0.0644
0.18
0.55
0.025)
0.035J
0.026)
Pement So3da(961
74
74
65
67
100
96
99
J. Thu mutt Is an esdmatod quant8y
16
rigm 3. Comparison of Cumulative Particle Size Distribution Curves for Sediments from the Guest Docks and interceptor Beach.
Phi Size
0 1 2 3 4 6 6 7 8 9 10
10 1 0.1 0.91 0.001
Grain Site In Millimeters
—GD -A1 —00-A2 —GO-A3 GO-A4 IBC1fC2 — IBC3IC4 IBC61C6
Pj�hii�j���
.5
4
-3
-2 .1
199
�
iiin■�R�iiAi
+FH-
I- HI —I
—HA
Phi Size
0 1 2 3 4 6 6 7 8 9 10
10 1 0.1 0.91 0.001
Grain Site In Millimeters
—GD -A1 —00-A2 —GO-A3 GO-A4 IBC1fC2 — IBC3IC4 IBC61C6
iiin■�R�iiAi
ni�iiiNU'!ii�i
HIM
linim
MINE
u�ui�
Phi Size
0 1 2 3 4 6 6 7 8 9 10
10 1 0.1 0.91 0.001
Grain Site In Millimeters
—GD -A1 —00-A2 —GO-A3 GO-A4 IBC1fC2 — IBC3IC4 IBC61C6
5.2 Sediment Chemistry
The results of bulk sediment chemistry analysis of the composite samples from the Guest Docks and Interceptor
Beach are summarized in Table 4. Data from both the Guest Docks and Interceptor Beach were compared to the
PRG Residential Soil Criteria and Title 22 TTLC levels. Values that exceed the PRO are bolded and highlighted
in tan. All results were far below the Title 22 Total Threshold Limiting Concentrations (TTLC).
Arsenic exceeded the Cal- Modified Preliminary Remediation Goal (PRG) for Residential Soils in both the
composite samples from the Guest Docks and Interceptor Beach. The arsenic Cal- Modified PRG was based upon
contributions from human sources. In fact, background concentrations measured in California soils are several
orders of magnitude higher than the PRG value. A survey of background levels of metals in California soils
(Bradford et al. 1996) indicated that the average concentration of arsenic was 3.5 mg/kg and values ranged from
0.6 to 11.0 mg/kg.
The only other compounds exceeding EPA's PRG guidance for residential soils were two PAIi compounds,
benzo(b)fluoranthene and benzo(a)pyrene (Table 4). The concentration of benzo(b)fluoranthene in sediments from
the Guest Docks (649 pg(kg) was comparable to the residential PRG value of 621 pglkg. Benzo(a)pyrene in
sediments from the Guest Dock composites (284 pg/kg) was over four times the PRG value of 62.1 pglkg.
Table 4. Summary of Bulk Sediment Chemistry Aoalyses Conducted on Composite Samples from the Guest Docks
and Interceptor Beach.
Malytellame
Guest
Docks
Interceptor Beach
PRG Res.
Soil
Title 22
TTLC Wet
Weight
Can vmwnals m . unless noled
Percent Sorlds %
726
98.6
'H. Units
9.22
9.73
Total Volatile SoOds %
0.8
0.1.1
_
Total Amntonla (as N)
4.74
0.2
Oil end Grease
low
100J
TRPH
10DJ
2000
TotalAlyals (me/ko d
Antimony
0.189
0.125
31.3
Arsenic
3.i2
139
0.06W
Cadmium
(1447
0.147
37
100
chfomhnn
14.6
4.37
211
2.500
Copper
26.4
2.17_
M30
X500 _,
Lead
14.3
3.89
150
1.000
_
Mercury
0.201
0.017J
23.5
20
Nickel
6.95
2.39
000
Selenium
0.3
0.065
100__
saver
0.047J
0.033J
391
_
500
Dne
59
12.5
23,500
5.000
Butdf is(uitRm dy
Morioliumb
311
31.1
Dfbulylb
311
31.1
T Ion
18.7
31.1
Tetra bulIft
3U
3U
I. The=nic PRG is the Califamio- odidied PRG. The val ue for vttoic is based upon human wmribuaonn. In fact, natural background levels ert
omen much higher (01UM, 20051
18
Table 4. Summary of Bulk Sediment Cbemistry Analyses Conducted on Composite Samples from the Gout Docks
and Interceptor Beach. (continued)
Analyte Name
Guest
Docks
Interceptor Beach
PRG Res.
Soil
Title 22
TTLC Wet
Wel4hl
Ch7adnaledPoWeldas ftft drv)
2,4' -0DT
51)
5U
1.720
2.4' -DDE
1.3J
511
1.720
$4' -DOD
51)
5U
2.440
4,C-DDT
5U
_
5U _
1,720
_
1,000
44' -DDE
13.9
5U
1,720
1,000
4N-DDD
1J
5U
2,440
1,000
Told DDT
16.2
0
J720
1.000
AWdn
5U
5U
28.6
1,400
_
Dielddn
5U
5U
30.4
BAW
Enddn
5U
5U
18,300
200
Enddn ketone
5U
SU
Endifn iddehyde
5U
5U
Endesultan II
5U
511
367,000
Eodosullan1 _
5U
5U
367,000
.
Endosuffen su8ete
SU
5U
ha-BHC
5U
5U
beta -BHC
511
5U
delMHC
SU
5U
namma-BHC(LIndane)
5U
511
4000
thelhokmal
SU
511
306:000
100.000
wrex
SU
511
276
21(00
pentane
1011
IOU
Toraphena
5011
501)
442
51000
Hepleddar epmIde
SU
5U
53A
_
Hepladdor
5U
511
108
4,700
el . Imdane
511
SU
aamwalardane
5U
5U
Oxychlordane
5U
511
,
cisitanadllar
5U
5U
_
trans- Nonxcider
SU
511
Toted Chlordane
0
0
Aroe)prs
Amdar1D16
2OU
20U
_.3.930
Amdor 1221
20U
222
Aroder 1232 - --
_201)
20U
20U
222
Amdor 1242
20U
20U
212
Amclar1248
20U
2011
222
.
Afedor 1254
25
2011
222
Arodor 1260
2011
201)
222
Total Amdms
25
0
19
Table 4. Summary of Bulk Sediment Chemistry Analyses Conducted on Composite Samples from the Guest Docks
and Interceptor Beach. (continued)
Anslyte Name
Guest
Docks
Interceptor Beach
PRG Res.
Soli
Me 22
TTLC Wet
Weight
PCB dWI (u¢k�drJl
PCB008
5U
5U
PCBD18
5U
5U
_
PCB028
5U
5U
kffi31
5U
5U
PCB033
5U
5U
PCB037
5U
SU
— _..
.
PCB044
PCB049
5U
1.1.1
51)
51)
PCBD52
1AJ
5U
PCB066
5U
5U
PC8070
5U
5U
PCB074
5U
5U
PC8077
5U
5U
PCB081
5U
5U
PCB087
1.7J
SU
PC8095
2.2J
5U
PCBD99
1.91
5U
PCB101
4AJ
5U
PC8105
5U
5U
PC8110
3.11
5U
PCB114
5U
5U
PC8118
1.7J
SU
_
PCB119
5U
511
_
PCB123
5U
5U
PCB126
5U
5U
PCB128
SU
511
PCB138
4.1J
51)
_.
.
PCB141
5U
5U
PCB149
31
SU
PCB151
1.2J
5U
PCB153
3.81
5U
PCB156
5U
5U
PCB157
5U
51)
PC8158
5U
51)
PC8167
5U
sU
PCB16BA32
5U
5U
PC8169
5U
5U
.
PC8170 --
221
5U
_-_-
PC8177
511
5U
PCt1180
W
511
PM183
511
5U
20
Table 4. Summary of Bulk Sediment Chemistry Analyses Conducted on Composite Samples from the Guest Docks
and Interceptor Beach. (continued)
Analyte Name
Guest
Docks
Intercepter Beach
PRG Res.
Sal]
Title 22
TTLC Wei
Wet ht
PCB Congeners (ug6cq dry) ccngnu
PCB167
1.81
5U
PC8189
SU
50
_
PCI3194
511
5U
PC8195
SU
5U
PCB200
5U
5U
PCB201
1.2J
5U
- -.
—._-
PCB206
SU
5U
PCB209
5U
_
5U
Total PCB Congenam
57.8
0
Phenolic Compotmds g�kff
2A.6•Ttichlorophenol
1000
1001)
6.950
2,4 -Dolor encl __ --
1000
— _...__ 100U
183000
2,4- MmffOthenal
2000
2000
1220000
_
2,4-DInftphanal
2000
2000
122,000
2Chbacphenol
1000
7000
63,400
22Mathy'Id6,d ItMggR
---'200U----
-2000.-'- -
- --
24l_ghenol
2000
2000)
*Chkiro•3- meWphenol
2000)
2000
4 -1,11Iro hend
2000
2000
Pentachlorophenol
1000
1000
2,980
50,000
Phenol
2000)
2WUJ
18,3JW 000
_
Thal Phenols: CogMmds
0
0
Phd"es
W2-EftlhexApbftlaW
117J
1250
Mn hthatate
20U
20U
2,440,000
MeUM PhOwIsts,
125U
125U
46900000
D4n-W phthalate
1000
1000
Benzvl.Wt)4 hMate
50U
50U
1 200000
WnethVl phftlald
75U
75U
100:000:000
21
Table 4. Summary of Bulk Sediment Chemistry Analyses Conducted on Composite Samples from the Guest Docks
and Interceptor Beach. (continued)
Analyte Name
Guest
Baclts
Interceptor Each
Title 22
PRG Res. TTLC Wet
Soil weight
PAUs(uwko d/yJ
Phenardhrene
154
2.61
Naphthalene
_
3.4.1
.. 1.71
_1,700
Ruorerte
7.1
5U
2,750,600
Mazothlophone
6.4
5U
Blphey _
1.51
5U
Anthracano
140
5U
Acons Ih Lena
34.4
_
_ 5U
_21.800000 _
_
Aconaphthene
9.3.
5U
9.690,000
2-MatWaaphthalena
W
5U
2,6_Gimelh a Mons
2.4.1
5U
223¢Tft thylnaphlhalenre
51.1
_ 52
1-Melhylphonanthrene
13
5U
14Me a hilalene.
2.5.1
5U
PYrens
501
122
2,320,000
Perylene
652
6.6
Inderlot12.3tdipymw
245
7.7
621
Fluoranthene
454
13.6
2,290,000
Dbenwis h thracene
60.7
27J
Mysens
579
10.1
3,780
Ben 8uoranthem
358
7.5
378
Be h
174
8.3
senzaelp yrahe
401
10.7
Benza@IDuoranlhene
-'049
__. 12.1
621
62.1 .'
Ben a rene "284 10.5
Ban a anthmcene
359
8.6
621
Total Low ht PAHs
371
43
Total Kill Weight PAHs
4130
111
Total PAHs
4501
116
U- Not m orcd abme mpm4d sample reporting limit.
J= The result is an eslimnted quantity.
22
Nasxmber:009• DRAFT
Lower Newpta: NV INetlged tdetenel EvalcaVon
Hewlle:Gs I LC
Figure 2 -1. Arms within Fasten Lower Ncwpotl Day
Pages -- --
0
,�� arm
' MOOD CY
BOLBOA MAW CMAWIEL
2 22.000 CY
L0D ME REACH NORTH
S 05000 CT
MEITPORT CHAIML
6 97.000 CY
NEST LEDO CHAPO(M AREA W
® AREAS IF6LITA9LE FOR OCEAN 0VOSAL
S 0.000 CY
COAST GUARD
® AREAS FOR OCEAN DWOSAL
128;000 CT
OEEAH CISPDSALU
31.390 CY SALSOA ISLAND C NWEL
N,200 C+ I MSOA - SLAND REACH
42,500 Cr LOO ME FCAH NORTH
20.700 CY 0400A READ,
20.100 CY •ACNT AHCRORACE
21.000 CY YACH! ANL ORn C
159.900 CY
I
November 2009 -DRAFT lower N4wPOm Ray Dredged Material Evaluation
ModtOedJenvnry 20 2010 NewF111d4 L(C
Teble34. Red; eatCbeven04ee1. Melds. and Or�n6m Anelveis in A C;aemaairu 2. Neabert Rdv
NM: Not M=.d: U: Ued.ddud. Aeevl on good. below rcpcn AwaavNm
Page 27
ERL
ERM
UH
OR
MIR
I UN
US
VAB
YAM
YAM*
YAWL
YJ6U
YAS4-
UNC
I Ilia
Bc
Grant (%)
-
-
0.0
03
OS
03
0.2
0.3
1A
US
6.0
0.1
02
0.6
0.1
0,1
Sand ( %)
-
-
109
28.7
4L4
272
36.0
33.1
89
6.2
12.2
73
16.9
55.6
322
40.5
SIR( %)
-
-
64.6
329
292
36.9
29.7
261
39A
43.2
37.8
395
3LB
215
33.6
26.6
Coy (%)
-
-
25.0
3L8
29A
42.6
34.1
405
50.8
50.7
503
52.9
503
215
34.1
32.8
<LO tun
13.6
19.9
18.9
27.7
223
259
30.2
312
3L9
33.3
30.4
11.2
22.0
21.3
TOC( %)
-
-
L3
09
0.9
13
LO
LO
12
1.1
13
0.9
1.1
0,6
1.0
0.8
Total S011ds( %)
-
-
55.1
622
62.3
53,9
56.2
532
525
48.0
53.9
493
53.0
65.7
57.3
58.0
Ammon0(mg/L)
1.96
9.02
8.81
15.6
654
8.34
163
15.9
20.6
14.7
17.2
9.05
8.40
7.37
Sul0des m )
1
0.16
1 0.25
0.41
1 036
0.25
0.23
0.30
0.20
0.26
0.27
1 0.34
1 0.17
0.29
0.26
Mew
fm
)
Arsenlc(As)
B.2
70
S3
61
5.9
69
SS
7,2
7.7
7.6
9.2
7.5
7.7
45
6.0
6.4
Cadmium (C-d]
L2
9.6
0.7
1.3
1.2
12
0.9
IA
2.0
L6
1.6
1.6
L4
0.8
12
1.0
Chmmlum(Cr)
81
370
35.0
34.0
29.0
28.8
24.3
32.0
42.0
35.0
46.0
34.0
39.0
18.7
25.9
27.5
Copper(CUl
34
270
223
34.8
35.0
42.5
40.0
59.0
432
48.0
47.8
45.0
41.9
26.4
37.8
61.4
Lead (Pb)
46.7
218
10
24
24
31
23
31
34
27
41
27
38
LS
25
28
Merturv(Ng)
OAS
0.71
0.06
0.23
025
1.06
0.46
0.58
0.29
0.16
056
0.26
0.46
0.25
0.42
1.62
Nickel (NQ
20.9
51.6
21.1
19.6
18.6
19.8
15.7
213
26.1
25.0
28.6
25.0
23.7
12.5
18.3
18.1
Selenlum(Se)
-
-
0.9U
0.8U
0.7U
0.9U
0.9U
0.9U
09U
I
09U
I
0.9U
0.7U
0.8U
0.8U
SINOr(AS)
1.0
3.7
03U
03U
03U
0.4U
OAU
0.4U
0.4U
0.4U
0.4U
0.4U
0.4U
0.3U
0.9U
0.3U
Zinc Zn
150
410
68
102
100
103
98
125
130
127
141
124
118
73
104
107
OBanotim(
/Ig
Tdburyl0n
-
-
3.7U
32U
3.7U
39
4l
5.2
3.6U
42
33U
3.8U
35U
33U
3.4U
16
Dlburyll
S.SU
4Au
5.5U
6.7
1
BA
9.2
5.4U
6.4
S.OU
5.6U
5.2U
S.OU
6.0
12
Monobutyltln
-
39U
3.4U
3.9U
35U
35U
3.7U
3.BU
3.7U
3.SU
4.0 U
3.7U
34U
3.6U
3.6U
NM: Not M=.d: U: Ued.ddud. Aeevl on good. below rcpcn AwaavNm
Page 27
FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND
THE CITY OF LONG BEACH,
ACTING BY AND THROUGH ITS BOARD OF
HARBOR COMMISSIONERS
THIS FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT ( "First
Amendment") is made and entered into, in duplicate, as of the date executed by
the Executive Director of the Long Beach Harbor Department ( "Executive
Director"), by and between the CITY OF LONG BEACH, a municipal corporation,
acting by and through its Board of Harbor Commissioners ( "City ") pursuant to
authority granted by said Board at its meeting of I 1 1"1 , 2011; and the
CITY OF NEWPORT BEACH, a municipal corporation ( "Third Party ").
1. Recitals. This First Amendment is made with reference to the
following facts and objectives:
1.1 City and Third Party entered into a written Memorandum of
Agreement on April 19, 2011 (Harbor Department Document No. HD-
7745) ( "MOA "), concerning the delivery and placement by Third Party of
certain of its dredge material in the Port of Long Beach's Middle Harbor
during the early phases of City's Middle Harbor Redevelopment Project.
1.2 By letter to City dated June 23, 2011, Third Party requested
that it be allowed to extend its dredge material delivery period, increase
the total amount of Third Party dredge material to be placed by it and
substitute some of the original dredge material that Third Party intended to
place with other Third Party dredge material, as further described in the
new Third Party Fill Plan Memo referred to in paragraph 2 below.
1.3 Third Party and City now wish to amend the MOA to
incorporate the above changes, as more specifically described herein:
2. Replace Exhibit A. Exhibit A of the MOA including all of its
attachments is hereby deleted and replaced in its entirety with the "Third Party
Fill Plan Memo" dated September 7, 2011 and its attachments which are
attached to this First Amendment as Exhibit A and incorporated herein by this
reference.
3. Representations and Warranties. As part of City's material
consideration for entering into this First Amendment, Third Party hereby
represents and warrants to City that:
Document No. HD --7 7'f 5 A 1
�YpcYI,LwJiNA000'DOm 1 t 011.COC Afi m
YIWYiIW®OR i °VMTY /J1UTb YOA NE RTB CHCR l
3.1 Third Party's letter to City dated June 23, 2011 including all
maps, data and other information attached thereto or provided therewith
are true, complete and accurate.
3.2 Third Party's representations and warranties contained in
paragraph 12 of the MOA are true, complete and correct in all respects on
and as of the date of its signature of this First Amendment with the same
effect as though such representations and warranties had been made on
and as of the date of its signature of this First Amendment.
3.3 Third Party has, either prior to or as of the date of its
signature of this First Amendment, performed or complied with all
agreements, obligations and conditions contained in the MOA that it was
required to perform or comply with prior to or as of the date of its signature
of this First Amendment. The information and materials described in
subparagraph 7.10 of the MOA has, with respect to any new, additional or
different dredge material included by virtue of this First Amendment, been
delivered to City either prior to or concurrently with Third Party's signature
of this First Amendment.
4. Further Assurances. Third Party agrees to provide any additional
materials or information reasonably requested by City in furtherance of the intent
and purposes of this First Amendment.
5. No Other Changes. Except as expressly provided in this First
Amendment, all of the terms and conditions of the MOA shall remain unchanged
and in full force and effect.
[Signature Page Follows]
� :wno1�Di,tw]2MNDxstWMW0i1W27QII OD nn -a S
MNpE WJiDOR T2'°PMTY I ^MIDTOMO NEY RTBEA KMW.q
SEW POR
O1<
'
Attest
C,
9 <� FO nN�P
, 2011
i` CITY OF NEWPORT BEACH, a municipal
corporation
By:
Name:
Title:
2011 By:
Name:
Title:
NEW iis go"
w
/---/z .2011
THIRD PARTY
CITY OF LONG BEACH, a municipal
corporation, acting by and through its
Board of Harbor Commissioners
CITY
Richard D. Steinke
Executive Director
Long Beach Harbor Department
The foregoing document is hereby approved as to form.
ROBERT E. SHANNON, City Attorney
n
4't7 T f .2011 By: I, , ,1,
Tiffani L. Shin, Deputy
[Signature Page to 1st Amendment to Third Party Dredge Material MOA]
luPw�MM�M�^�` =bze Wel�'roZ1ie1 I OOC e11d 3
MmOLE HAR60R>°PARTY 1 "AMO TO MOA NC ORTN CHfRehl
EXHIBIT A
THIRD PARTY FILL PLAN MEMO
[Attached.]
4
NIOOIE XOABOR � °PARYY 1 ^ANDY(! MM NEWIVRYBGCMjIWeI
THIRD PARTY FILL PLAN MEMO
Version 2.0 September 7, 2011
This memorandum sets forth specific details associated with the materials to be delivered by the City of
Newport Beach to the City of Long Beach.
DELIVERY PERIOD
The delivery period for the third party material shall be as stated below. Any changes to the delivery
period will be according to the provisions of the MCA. The delivery cannot commence until the City
constructs the retention dike and the site is made available. It is understood, the City has entered into a
Contract with Manson /Connelly JV to construct the retention dike for the Slip 1 fill location and
coordinate the deposit of Third Party materials. The retention dike is anticipated to be in place and the
fill site available by August 2011. The City will notify the third party in writing when the disposal site is
available.
Delivery Period is August through December, 2011 plus an option at the sole discretion of City to
extend this period to March 14, 2012 for additional material from other Federal Channel areas in
Newport Beach.
VOLUME OF MATERIAL
The total volume of material the Third Party anticipates delivering to the City is up to 215,000 cubic
yards, which includes 85,000 cubic yards from the Rhine Channel, 65,000 cubic yards from the Newport
Channel and the West Lido Channel Area A, and 65,000 cubic yards from the other Federal Channel
areas. This quantity is approximate and may vary by 10% without this memorandum needing to be
revised.
MATERIAL CHARACTERISTICS
The materials to be delivered are generally characterized as silt /clay materials dredged from the
Rhine Channel, Newport Channel, West Lido Channel Area A and other Federal Channel areas
representing contaminated sediment cleanup. The material characteristics are based on
geotechnical reports provided by the City of Newport Beach with the application dated June 30,
2010, additional geotechnical data dated September 2010, and the request for a revised
application (attached) dated June 23, 2011.
Based on the geotechnical information provided, the proposed dredge materials have the following
typical geotechnical characteristics:
e Mostly fine- grained soils with up to 25 percent clays (percentage of materials finerthan 2
micrometers in diameter) and up to 75 percent silts [percentage of materials that are larger
Exhibit A Page 1 of 2
than 2 micrometers in diameter and smaller than No. 200 sieve opening (75 micrometers in
diameter)].
Based on early chemical information provided by the City of Newport Beach, the proposed dredge
materials have the following specific characteristics:
o All boring locations exceed ERL and /or ERM levels for Mercury, Copper and Zinc. Also, all boring
locations exceed ERL and /or ERM levels for PCBs and DDT.
Any material not consistent with the general characteristics represented by the testing performed will
not be permitted to be placed in the fill
PLACEMENT METHODS
The materials are to be delivered by barge and deposited in the Slip 1 Layer 1 area within the
Middle Harbor in the Port of Long Beach as shown on the attached placement drawings. A detailed
fill drawing identifying cells to deposit material into the Slip 1 will be provided. The cell
arrangement will vary from week to week and Newport Beach will be required to coordinate this
arrangement with other Third parties and Port contractors placing material into Slip 1. The
deposited materials shall be placed in a manner as to create a relatively consistent elevation, with
undulations not to exceed 4 feet vertically from the surrounding area. The material shall be placed
in a pattern of barge placement that does not continuously overlap previous placement. In no
case shall the material be allowed to be deposited at a height above elevation -20' MLLW.
Any debris from the Third Party material disposal shall be removed by the Third Party and properly
disposed of outside the Port of Long Beach.
GENERAL REQUIREMENTS
The Third Party shall schedule a pre - disposal coordination meeting with the City at least fourteen
calendar days prior to scheduled delivery.
In addition to Conditions Precedent, Section 6 of the MOA, the Third Party shall provide for the
City's review and approval copies of all permits, insurance, indemnity forms no less than thirty
calendar days prior to scheduled delivery in accordance with the MOA.
Attachments:
Fill Site Plan
Fill Section A -A
Fill Section B -B
City of Newport Beach request for revised application
Exhibit A Page 2 of 2
U.-AfTS Up TO ELEVKnOM .20
--- - --- - - - - ----- ---- - -
- - - - - - - - - - -------- ---- -------- - --- --
CITY OF NEWPORT BEACH
DREDGE MATERIAL DEPOSIT LOCATIONS
PLAN
LONG BEACH
Z"'�Ap
LONG BEACH
LEGIND
M UVrpt 1
ED IAycg z
CITY OF NEWPORT BEACH
SLIP NO. I MATERIAL LAYERS
SECTION B-B
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Harbor Resources Division
June 23, 2011
Mr Tom Baldwin
Port of Long Beach
925 Harbor Plaza
Long Beach, CA 90802
RE: REVISED APPLICATION INFORMATION FOR MIDDLE HARBOR DISPOSAL OF
FEDERAL AND CITY MATERIAL FROM LOWER NEWPORT BAY, NEWPORT BEACH,
CALIFORNIA
Dear Mr. Baldwin
On behalf of the U.S. Army Corps of Engineers, Los Angeles District (Corps), and the City of
Newport Beach, I would like to respectfully request a modification to the source and quantity of
material planned for disposal at the Middle Harbor fill site originating from Newport Harbor.
Per our recent conversations, the City of Newport Beach (City) has refined its estimated dredge
volume for the Rhine Channel and other City properties to be approximately 100,000 cubic yards
instead of the previous estimate of 150,000 cubic yards. Separately, the Corps of Engineers has
also revised its estimated volume of contaminated sediment in the harbor from approximately
700,000 cubic yards to around 200,000 cubic yards. Of this amount, approximately 110,000
cubic yards of contaminated material (approximately 130,000 cubic yards with OD included) has
been identified as a priority for removal from the Harbor, and the City and the Corps would like to
have it credged towards the end of the year. The attached figure shows the location and
quantities of material identified for priority removal. Both clean and contaminated areas are
identified with the clean areas currently targeted for disposal at LA -3.
The current Memorandum of Agreement (MOA) between the POLB and the City allows for
disposal of 150,000 cubic yards (plus 10 %) from the Rhine Channel or a not to exceed amount of
165.000 cubic yards. The City proposes to reduce the amount of material originating from the
Rhine Channel area to approximately 100,000 cubic yards and then add the remaining
approximately 65,000 cubic yards from the "Newport Channel" and "West Lido Channel Area A"
portions of the Federal Channel to meet the previous volume commitment of Newport material to
the fill site. These areas are located immediately to the east in the approach 10 the Rhine
Channel
Also, if the POLB is amenable, the City and the Corps would like to bring the material from the
remaining priority contaminated areas to the Middle Harbor fill site as well. This additional
volume totals approximately 65,000 cubic yards (with OD included) and includes material from
the following reaches of the Federal Channel: Lido Isle Reach North, Balboa Island Channel,
portions of West Lido Channel Area "A" and the area in front of the Coast Guard docks.
Attached to this letter are detailed maps of each dredge area proposed for addition to the MOA as
well as summary physical and chemical data to assist in the evaluation. The material is
chemically similar to the Rhine Channel sediment, but slightly better quality from a geolechnical
perspective. The Corps is currently preparing its internal environmental and engineering
documents and plans to advertise the project on August 1 with a contractor on -board and ready
to dredge by the middle of October 2011. Thus, this work would overlap with the Rhine Channel
project, however, depending on the contractor selected and size of the equipment used, it may
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644 -3034 FX: (949) 723 -0589 • % vmw. newportbeachca .gov /harborresources
require a little more time to place in the fill site than the current window for the Rhine Channel
sediment (August 1 to December 31, 2011). The Corps feels confident that it can complete the
additional work no later than February 28, 2012.
In summary. what the City and the Corps are requesting at this point are the following three
items:
(1) A substitution of approximately 65,000 cubic yards of material from the "Newport
Channel" and "West Lido Channel Area A" portions of the Federal Channel to make up
the total volume of material currently identified in the City's MOA with the POLB.
(2) The addition of another approximately 65,000 cubic yards of material from other Federal
Channel areas for disposal into the Middle Harbor fill site.
(3) An extension to the disposal window by up to 60 days for the additional Federal Channel
material, if approved for disposal.
The City of Newport Beach remains aggressive in its preparation fnr this work. The Dulra Group
has already been authorized to proceed with construction and we are anticipating a start date of
August 1, 2011 for the Rhine Channel dredging. As stated in the past, we are very committed to
this project and are excited about the opportunity to work with the Port of Long Beach on this
endeavor.
Furthermore, the City recognizes the unique opportunity for contaminated sediment disposal
afforded by the Port with the Middle Harbor file site. Should additional opportunities for disposal
become available now or in the future, and pending Council approval, the City is financially
prepared to provide additional material for use in the fill.
If you should have any questions or require additional information on the details of our project,
please do not hesitate to contact me via phone or email. Thank you for considering our
application modification.
Sincerely,
Chris Miller
Harbor Resources Manager
(949) 6443043
cm illernnewnort beachca.9ov
cc: Matt Arms, POLE
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Balboa Island Channel (Area BC)
Station Locations
I
Conventionals ( °6)
Metals (nri
Gravel 0.1
Arsenic (As)
6.4
Sand 40.5
Cadmium (Cd)
1.0
Silt 26.6
Chromium (Cr)
27.5
Clay 32.8
Copper(Cu)
61.4
TOC 0.8
Lead (Pb)
28
Total Sol!ds 58
Mercury (Hg)
Hg Maximum
Hg Minimum
1.62
3.01
0.11
Organics (µg /kg)
TBT 16
Total PAHs 295
Nickel (Ni)
18.1
Total Detected PCB Aroclors 85
Selenium (Se)
0.8 U
Total Detected DDT 86
Silver (Ag)
0.3 U
Chlorinated Pesticides All ND
Zinc (Zn)
107
' Value includes the sum of gravel and sand
° Percent fines • value includes the sum of silt and clay
West Lido Channel & Newport Channel
Station Locations
•
• '�iy Q eomposde station wah rull chemistry
•�
.t. .
f •;F r\
Q Ng, gran site and rCC only
U
";'
t.
�
� S:f ,'�f _ •'�". -- "try..
Conventionals ( %)
Metals (mg /kg)
Samples Comp
Arsenic (AS)
Samples
Comp
8.65
Gravel 3.2
4.0-97.72
Sand
42.7
Cadmium (Cell
1.20
Silt
16.6
Chromium (Cr)
31.0
2.3 - 96.0°
Clay
37.4
Copper (Cu)
91.0
TOC
0.09-2.0 1.29
Lead (Pb)
1
29.0
Total Solids
38.4 -68.S 49.S
Mercury (Hg)
Hg Maximum
Hg Minimum
5.6
0.04
0.82
3.47
0.19
Organics (pg /kg)
TBT 17
Total PAHs
6.5 U
Nickel (Ni)
19.0
Total Detected PCB Arociors 32
Selenium (Se)
0.66
Total Detected DDT 28
Silver (Ag)
0.401.1
Chlorinated Pesticides All ND
Zinc (Zn)
166
' Value includes the sum of gravel and sand
° Percent fines • value includes the sum of silt and clay
Yacht Anchorage - Middle Portion (Area YAM)
Station Locations
TBT
Conventionals ( %)
3.3 U
Vertical Strata
Upper*
Lower 4'
Gravel
0.1
0.0
Sand
6.2
12.2
Sllt
43.2
37.8
Clay
50.7
50.3
TUC
1.1
1.3
Total Solids
48.0
53.9
0.28
organics (Wjkg)
Hg Minimum
TBT
4.2
3.3 U
Total PAHs
228
126
Total Detected PC8 Arociors
24.0
67.0
Total Detected DDT
71.0
152
Chlorinated Pesticides
All ND
All ND
Metals (mg /kg)
Vertical Str; to
Upper 4'
Lower 4'
Arsenic (As)
7.6
9.2
Cadmium (Cd)
1.6
1.6
Chromium (CO
35.0
46.0
Copper(Cu)
48.0
47.8
Lead (Pb)
27
41
Mercury (Hg)
0.16
0.56
Hg Maximum
0.28
2.25
Hg Minimum
0.10
0.11
Nickel (Ni)
25.0
28.6
Selenium (Se)
1.0 U
0.9 U
Silver (Ag)
0.4 U
0.4 U
Zirc (Zn)
127
141
Lido Island Channel - North (Area LIN)
Station Locations
Y
S
J..
"\
v
Conventionals {9)
Metals (mg/kg)
Gravel 0.5
Arsenic (As)
6.9
Sand 27.2
Cadmium (Cd)
1.2
Silt 36.9
Chromium (Cr)
28.8
Clay 42.6
Copper (Cu)
42.5
TOC 1.3
Lead (Pb)
31
Total Solids 53.9
Mercury (Hg)
Hg Maximum
Hg Minimum
1.06
1.77
0.28
Organics (pg /kg)
TBT 3.9
Total PAHs 221
Nickel (Ni)
19.8
Total Detected PCB Aroclors 50.0
Selenium (Se)
0.9 U
Total Detected DDT 57
Silver (Ag)
0.4 U
Chlorinated Pesticides All ND
Zinc (Zn)
303
Figure 2. Sampling Locations at the Guest Docks and on Interceptor Beach (base map from Noble
Consultants).
L
f � _
4 •`
Vmn11COM life" ' ). 3 5 1 -1 I I • \
A -4
C.
A-2 G' /:.
Table 3. Guest Docks and Interceptor Beach Sediment Grain Sine and TOC Summary.
ArelytaName Guest Daps bdarceator9each
Al A2 A3 Al C1-C2 C3.C4 CSQ
Send 93.9 715 67.1 631 98.9 9&8 9&6
881 22 9.8 11.6 14.6 0.6 05 1
Clay 3.9 18.7 21.4 21.9 0.4 OA 0.5
TOW OmaMe Cerba nV tg dry) OL82J 0.084) 0.18 0.55 0.025J 0.035) 0.028)
Pattetd Sa9da M 74 74 65 67 100 96 99
1° The raven is m mWmtd gmathy.
16
Figure 3. Comparison of Cumutative Particle Size Distribution Curves for Sediments from the Guest Docks and Interceptor Beach.
Phi Size
0 1 2 3 4 6 6 7 8 9 10
10 1 0.1 0.01 0.001
Grain Size In INlilimetem
— - - -- -
T_ GD- A1— ^GD-A2 GD-A3 GD-A4 •— IB -C11C2 _ - IB -C31C4 _ - IB•C6/C6
Phi
.5
.4
.3
-2 -1
100
i
90
_
;.
60I
a 60
Phi Size
0 1 2 3 4 6 6 7 8 9 10
10 1 0.1 0.01 0.001
Grain Size In INlilimetem
— - - -- -
T_ GD- A1— ^GD-A2 GD-A3 GD-A4 •— IB -C11C2 _ - IB -C31C4 _ - IB•C6/C6
m
i
70
_
;.
a 60
c 50
...._
ai 40
I _�.
'
�
I
a 30
- - --
-
I I
10
-----
0
Phi Size
0 1 2 3 4 6 6 7 8 9 10
10 1 0.1 0.01 0.001
Grain Size In INlilimetem
— - - -- -
T_ GD- A1— ^GD-A2 GD-A3 GD-A4 •— IB -C11C2 _ - IB -C31C4 _ - IB•C6/C6
42 , SedimentChemis"
The results of bulk sediment chemistry analysis of the composite samples from the Guest Docks and Interceptor .
Beach are summarized in Table 4. Data from both the Guest Docks and Interceptor Beach were compared to the
PRO Residential Soil Criteria and Title 22 TTLC levels. Values that exceed the PRO are bolded and highlighted
in tan. Ali results were far below the Title 22 Total Threshold Limiting Concentrations (TTLC).
Arsenic exceeded the Cal- Modified Preliminary Remediation Goal (PRG) for Residential Soils in both the
composite samples from the Guest Docks and Interceptor Beach. The arsenic Cal- Modified PRO was based upon
contributions from human sources. In fact, background concentrations measured in California soils are several
orders of magnitude hider than the PRO value. A survey of background levels of metals in California soils
(Bradford et al. 1996) indicated that the average concentration of arsenic was 3.5 m&g and values ranged from
0.6 to 11.0 nwu.
The only other compounds exceeding EPA's PRO guidance for residential soils were two PAH compounds,
benzo(b)tluoranthene and banzo(a)pyrene (Table 4). The concentration of benzo(b)fluoranthene in sodimenp; from
the Guest Docks (649 gg&g) was comparable to the residential PRO value of 621 µgft. Benzo(a)pyrene in
sediments from the Guest Dock composites (2941LWIW was over four times the PRO value of 62.1 µg ft.
Table 0. Summery of Bulk Sediment Chemistry Analyses Conducted on Composite Samples from the Guest Doeks
and Interceptor Beach.
Anato Name
Gum1
Dods Irderceutor
Beads
PRG Res.
San
Title 22
TTLC Wet
Welod
GUnvaROM& rmlessn
PenlaMsolids %
72.5
9R6
H H Unb
9.22
9.73
Tom! Volatile Sofda
05
0AJ
ToWAmmmla (as N)
4.74
02
00 and Grema
100.1
10DJ
7RPH
1001
2001)
Tohrl
Anfimmy
0.183
0.125
313
Arsenic
372
im
0.06161
50D
Cadmium
0.447
0.147
37
100
Ctnmmum
14A
4.37
211
25DD
com
28A
217
3130
500
Load
14.3
359
150
1000
meteury
0.201
0.017!
23.5
20
Mew
6.96
239
Z000
Belsnhim
0.3
025
100
Sher
0.047J
0.0331
391
500
Zinc
59
125
23.500
SAO
AtLayfffils 49" &W
Mon fin
311
31)
alwhft
3U
3U
Taubft
18.7
3U
Tabibullffln
3U
3U
1. 7be ersmie PRO is 3n Caur mla md9icd PRG. The value for aerie is baud upm bum- comMIU iom In fact -hush background levels are
ease. much Mgba (OEHHA, 2005).
18
Table 4. Summary of Bulk Sediment ChemLsby Analyses Conducted on Composite Samples from the Guest Docks
and Interceptor Beach. (continued)
Name
CAMW
Docks W=WW
Beads
Phi Res.
Son
TWO 22
TTLC Wet
WeWd
ChkibioW AesfbVBS
4'4)07
SU
5U
1720
4 DDE
1.31
5U
1720
4.DDD
5U
5U
2,440
4 OV
5U
5U
1.720
t 00D
44.4)DE
13.9
SU
1720
1000
4 MDD
1J
SU
440
9000
Total DDT
16.2
0
1720
1000
Abdo
SU
5U
28.6
140D
Dw tim
SU
5U
30.4
8000
Endtitt
5U
5U
18,300
200
ErWn kowna
SU
51)
Enddn aldehyde
5U
SU
Endosu1bn 11
SU
5U
367000
EndosuBmtI
5U
SU
367000
Endmutlan Sunda
5U
5U
arOka43HC
SU
SU
be" HC
5U
5U
da0aMC
5U
6U
emmta W iMne
SU
5U
4000
madwridaN
SU
5U
306000
100,000
Miter
5U
5U
270
29 000
Perthama
101i
10U
TO
5DU
50U
442
5000
Hephdilarepa3dde
SU
5U
63.4
Haptmhbf
5U
5U
108
4.700
alaaZhlordwe
5U
SU
emmtaCNadane
5U
5t1
OrAhlardam
SU
SU
doltonaddor
5U
5U
t ansNonaddar
SU
5U
Total Chlordane
0
0
Amdms
Amdor1016
20U
2OU
3
Amrlor1221
2DU
20U
222
Atodor1232
20U
20U
'222
AmW1242
2DU
20U
222
Antenr 1248
20U
20U
222
Amclor 1254
26
20U
222
Arodor12M
20U
20U
222
Told Amchn
25
0
19
Tablet Summary of Bulk Sediment Chemistry Analyses Conducted on Composite Samples from the Guest Dodo
and Interceptor Beach. (continued)
Name
Guest
Dodos WwcWor
Beach
TWO 2Z
PRG Res, TTL.0 Wet
Soil wddd
PCBO08
SU
5U
PCB016
5U
5U
PCB028
511
SU
PCB031
5U
5U
PCBD33
5U
SU
PCB037
5U
5U
PCBO"
SU
SU
PCB049
1.1J
5U
'
PCB052
1.4)
5U
PC8066
5U
SU
MOM
6U
5U
PMR4
51)
91
PCB077
5U
5U
MOM
5U
SU
PCB087
1.7J
SU
PCB095
12J
su
PCBO99
1.91
SU
PCB101
4.4,1
511
PCB105
SU
5U
PCB110
3.1J
5U
P001 14
SU
SU
PC8118
1.7J
5U
Mill)
5U
5U
PC9123
SU
611
PCB126
54)
SU
PCB128
SU
SU
PCB139
4.lJ
511
PCB141
5U
5U
PC8149
U
S1
PC8151
171
SU
PCB153
3.8J
511
PC8166
SU
511
PCB157
5U
5U
PCB158
61)
5U
PCB167
5U
SU
PCB 168 +132
5U
5U
PC8169
5U
SU
PC8170
2.2J
5U
PCB177
5U
5U
PCB180
W
5U
PM183
5U
5U
20
Table 4. Summary of Bulk Sediment Chemistry Analyses Condneted on Composite Samples Rom the Guest Dodo
and Interceptor Beach. (continneQ
Ana Name
Guest
Docks InWceptar
Beach
PRG Res.
5011
Title 22
TTLCWet
WdAM
PCs
PCB187
1.8J
5U
PC8189
5U
5U
PCB194
5U
5U
PCB195
5U
5U
PC82DO
50
5U
PCB201
1.7J
51
PCB206
50
su
PCB209
5U
5U
Tohl PCB Coweners
37.8
0
Phe"aft COMMUffas 40" *Y)
246T' )renal
10DU
1000
6,950
U-0khWaheid
1000
10OU
169 D00
Z4-DWdAthwd
2000
2000
1220000
401 end
2000
260U
122000
24h10 hand
1000
1000
6340D
24.1 6dl '
2000
2000
2-Nbwhwd
2000
2000J
4001 I
20oUJ
20DU
end
2DOU
2DOU
pentaftmftwl
1DDU
1000
2MO
50,000
Phenol
20o0J
2000)
18 OOD
Told Phendc Carocunft
D
0
PACE
6 2 ate
11TJ
125U
200
201
Z440AD
Dieft Oadde
125U
125U
1 48900000
DA4xM OftM
10DU
10OU
hOrelaw
500
5DU
am.000
DIxaft phOwlate
75U
75U
100000000
21
Table 4. Summary of Balk Sediment Chemistry Anal Conducted on Composite Samples from the Guest Docks
and Interceptor Beach. (eontimted)
kmW Nam
Guest
BOfhS
hmeW Beads
PRG Res.
Son
Tdte 22
TTLCWet
W ht
PAl4
Pharmdmos
156
28J
Neomene
3.4.1
1.7J
1.700
Fluxene
7.1
5U
Z750M
Obugavophans
6.4
511
BjAhw
15J
5U
Artlhrecene
140
5U
21900000
Arena ne
34.4
5U
Acenaphftns
93
5U
3860000
24drybaphtdan
31
510
26-01 hhalene
24J
SJ
Z3,5-TffwftlnaPl9h9ans
5U
SU
1 tmnaWnm
13
5U
1 hlhalerta
25J
5U
rene
501
122
Z320,CM
Parono
652
U
Dena 1
245
7.7
621
Fluorafthe"
454
13.6
Z280,ODO
Olom a mtlhraoena
60.7
2.7J
chryme
579
10.1
3 780
e
358
7.5
378
174
6.3
Banzo(0)AMDO
401
10.7
Ben
669
121
621
Beranfamma
266
10.5
621
evagawftaclaw
359
6.6
621
ToWLosW' htPAHS
371
4.3
Total H h Wolahl PAHe
4130
111
Total PAHs
4501
115
11= Not ommmd above mpenedsmplempmtmgh=
7= The result it en enhated queatlry.
rRl
Novcmber 7009 DRAFT Luwer Newport Bay D�edeed Material baldation
64odif XI.1"Wri, 29.7070 NewFletls N[
Table 7.2. Scdunent Ca0srn600n14. Metals. urd Ore4nnOm Annlnia in Arcs Cnmindte;. l.owcrNew7Rm fkv
[Rl
LRM LA -31 911 NIP LIN
� LIS
Wl9 YAN YAM- U'YAM
{'YM -Il YAS{ UNC
61Cr BC
Gravel 1%) -
0.0
0.3
0.1
0.5
0,2
0.3
1.0
0.1
0.0
0.1 0.2 0.6
0.1 0.1
Sand (94) --
10.5
28.7
41.4
272
36.0
33.1
8.8
6.2
12.2
7.5 16.9 55.6
32.2 40.5
SA 1%) -
64.6
32.9
29.7
969
29.7
26.1
39A
43.2
37.8
39.5 323 21.5
33.5 26.6
Clay ( %) -
-
25.0
31.8
29.4
42.6
34.1
40.5
50.8
50.7
503
52.9 SO.3 71.5
34.1 32.8
<3.O pm
13.6
19.8
15.9
27.7
72.3
25.9
30.2
31.2
31.9
33.3 30.4 11.2
77.0 21.3
TOC 1 %) -
-
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MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND
THE CITY OF LONG BEACH,
ACTING BY AND THROUGH ITS BOARD OF
HARBOR COMMISSIONERS
THIS MEMORANDUM OF AGREEMENT ( "MOA") is made and entered
into, in duplicate, as of the date executed by the Executive Director of the Long
Beach Harbor Department ( "Executive Director"), by and between the CITY OF
LONG BEACH, a municipal corporation, acting by and through its Board of
Harbor_C.ommissioners " ity ") pursuant to authority granted by said Board at its
meeting of & 2011; and the CITY OF NEWPORT BEACH, a
municipal corporation ( "Third Party") y�u�Zail
1. Recitals. This MOA is made with reference to the following facts
and objectives:
1.1 City's Middle Harbor Redevelopment Project ( "Middle Harbor
Project ") is a complex, multi - phase, time - sensitive project that is expected
to be constructed while container terminals remain in operation.
1.2 One of the early, essential components of the Middle Harbor
Project is the placement of fill in the areas known as the Slip 1 fill area anc
the East Basin fill area following the construction of two containment
dikes, as further described herein and in City's Middle Harbor
Redevelopment Sediment Management Plan ( "Middle Harbor SMP ").
1.3 Unlike a typical dredge disposal location, the Middle Harbor
fill site is an early, key component of a much larger, time - critical
redevelopment project. The timing of the placement of fill is critical to
subsequent terminal construction activities, but is also dependent on the
timing of preceding construction activities. As a result, the temporal
window for acceptance and placement of fill is both narrow and subject to
change as the Middle Harbor Project advances.
1.4 City anticipates satisfying some of its fill material needs from
material generated by the Middle Harbor Project and other Port of Long
Beach ( "Port") projects; however, in the interest of benefitting the Middle
Harbor Project and the region, and furthering the Los Angeles Regional
Contaminated Sediment Task Force's ( "CSTF ") policy of encouraging
beneficial reuse of contaminated sediments, City is endeavoring to
accommodate as much dredge material from third -party (i.e., non -Port)
projects as is reasonable given City's fill material criteria, the logistical,
technical and environmental requirements of the Middle Harbor Project
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and the requirements of Applicable Laws (as defined in paragraph 2
below).
1.5 To facilitate identification of suitable third -party fill material,
City has distributed Applications (as defined in paragraph 2 below) to
potentially interested parties, including Third Party.
1.6 Third Party has submitted an Application to City because it
has or expects to have, within the required timeframe, dredge material that
it wishes to dispose of and that it believes meets City's criteria and the
Middle Harbor Project requirements.
1.7 City, with input from the CSTF, has evaluated the
Applications and has selected Third Party as one of the potential sources
of third -party fill material.
1.8 Third Party is willing and able to meet City's fill criteria and
the Middle Harbor Project requirements, and City is interested in
accommodating as much of Third Party's dredge material as is reasonable
within the constraints of the Middle Harbor Project, such project's
objectives and as is consistent with Applicable Laws, including without
limitation the USACE Permit and WDRs issued to City (each as defined in
paragraph 2 below).
1.9 The parties now wish by this MOA to set forth all of their
understandings regarding the dredge material, and the terms and
conditions under which such material may be placed in the Fill Site (as
defined in paragraph 2 below).
2. Definitions. in addition to the definitions set forth elsewhere in this
MOA, the following capitalized terms and phrases shall have the following
meanings for purposes of this MOA:
2.1 "Applicable Laws" is the collective reference to all applicable
laws, rules, regulations, requirements, licenses, permits and orders, as
may be amended from time to time.
2.2 "Application" is the Port of Long Beach Middle Harbor Fill
Site Application for Placement of Dredge Material, as may be amended
from time to time in City's sole discretion. The Application submitted by
Third Party is referred to herein as "Third Party's Application."
2.3 "Dredge Material" is Third Party's dredge material or any of it
as identified and described in the Third Party Fill Plan Memo as being
allowed to be placed in the Fill Site.
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2.4 "Effective Date" is the latest date on which City and Third
Party execute this MOA, as set forth on the signature page(s) of this MOA.
2.5 "Engineer' is the Chief Harbor Engineer of the Harbor
Department of the City of Long Beach, California, who may be
represented on the work by such assistants as may be necessary.
Engineer's designated construction site manager shall be an authorized
representative of Engineer for purposes of this MOA.
2.6 "Fill Schedule" is the overall schedule established by City for
Fill Site construction, dredge material delivery to the Fill Site and dredge
material placement/location within the Fill Site, as may be modified from
time to time in City's sole discretion as described in paragraph 5.
2.7 "Fill Site" is the confined disposal site into which dredged
material is to be placed and contained for disposal within the Slip 1 fill
area and the East Basin fill area. The portion of the Fill Site into which
Third Party shall place its fill material is set forth in the Third Party Fill Plan
Memo (as defined in subparagraph 2.10 below).
2.8 "Governmental Authority" is any nation or government, any
state or other political subdivision thereof and any entity exercising
executive, legislative, judicial, regulatory or administrative functions of or
pertaining to government.
2.9 "Third Party Delivery Period" is the timeframe within the Fill
Schedule during which Third Party shall deliver and place the Dredge
Material in the Fill Site, as specified in the Third Party Fill Plan Memo.
2.10 "Third Party Fill Plan Memo" is the document developed by
Engineer in consultation with Third Party, detailing the Third Party Delivery
Period, the volume, the specifics of the material (chemical and
geotechnical) and the placement methods, as such Third Party Fill Plan
Memo may be modified from time to time in City's sole discretion as
described in paragraph 5. The Third Party Fill Plan Memo as of the date
hereof is attached hereto as Exhibit A and incorporated by this reference.
2.11 "Third Party Project" is the dredging origination project -
related activities accomplished or to be accomplished by Third Party that
involve the testing, permitting, dredging and transportation of material from
the origination location for placement in the Fill Site.
2.12 "Third Party's Application" is defined in subparagraph 2.2
above.
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2.13 "USAGE Permit" is the United States Army Corps of
Engineers permit number SPL- 2004 - 01053 -AOA issued for the Port of
Long Beach Middle Harbor Redevelopment Project, as may be amended
from time to time.
2.14 "WDRs" are the Waste Discharge Requirements (including
Order No. R4 -2010 -0020) issued by the California Regional Water Quality
Control Board, Los Angeles Region, for the Port of Long Beach Middle
Harbor Redevelopment Project (File No. 09 -204), as may be amended
from time to time.
3. Placement of Dredge Material. Subject to the terms and conditions
in this MOA:
3.1 City agrees to allow Third Party to place the Dredge Material
in the Fill Site as set forth in the Third Party Fill Plan Memo.
3.2 Third Party agrees to place or cause to be placed the
Dredge Material in the Fill Site as set forth in the Third Party Fill Plan
Memo and to comply or cause compliance with the other provisions of the
Third Party Fill Plan Memo. Third Party understands and acknowledges
that it may be necessary for the Engineer to supplement the Third Party
Fill Plan Memo with additional directions as conditions develop in the field,
including without limitation directives concerning the movement of Third
Party's vessels and equipment within the boundaries of the fill project.
Third Party agrees to comply or cause compliance with any such
directions.
3.3 Third Party understands and acknowledges that all matters
contemplated by this MOA, including without limitation the volume of
Dredge Material which may be placed and the deadline by which it must
be placed are subject in all respects to the terms and conditions of the
USACE Permit, the WDRs and all other Applicable Laws.
4. Limited Delegation of Authority to Engineer. Without in any manner
limiting City's discretion to modify the Third Party Fill Plan Memo or any other
provisions of this MOA, the Board of Harbor Commissioners hereby grants
authority to the Engineer to make changes to the Third Party Fill Plan Memo
made necessary by geotechnical engineering requirements, logistical
requirements and /or to comply with Applicable Laws. Any replacement versions
of the Third Party Fill Plan Memo shall be automatically substituted as Exhibit A
of this MOA.
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5. Fill Schedule, Etc.
5.1 City reserves all rights and discretion with respect to the
Middle Harbor Project, subject to Applicable Laws. As such, City reserves
the right to develop, establish and implement among other things, the Fill
Schedule and the Third Party Fill Plan Memo and the right to establish the
Third Party Delivery Period. City agrees to consult with Third Party in
developing the Third Party Fill Plan Memo and establishing the Third Party
Delivery Period, but it is understood and agreed by both parties hereto
that any final decisions shall be reserved to City.
5.2 City reserves the right to modify, in its sole discretion, the Fill
Schedule, Third Parry Fill Plan Memo and Third Party Delivery Date from
time to time as field conditions and the requirements of the Middle Harbor
Project warrant and to comply with Applicable Laws. Where possible, City
will consult with Third Party in making modifications to the Third Party Fill
Plan Memo and Third Party Delivery Period. City also agrees to keep
Third Party reasonably apprised of any substantive changes to the Fill
Schedule, Third Party Fill Plan Memo and Third Party Delivery Period
(including by providing replacement versions of the Third Party Fill Plan
Memo as described in paragraph 4 above), however, notwithstanding
anything in this subparagraph or the MOA, any final decisions concerning
the Fill Schedule, Third Party Fill Plan Memo and Third Party Delivery
Date and any changes thereto shall be reserved to City and it shall be
Third Party's responsibility to communicate regularly with City to keep
itself informed of any such changes and to comply or cause compliance
with any such changes.
5.3 Third Party's sole and exclusive recourse by reason of any
disagreement with City that is not able to be resolved regarding the Fill
Schedule, Third Party Fill Plan Memo, Third Party Delivery Period or any
modifications thereto, shall be the termination of this MOA in accordance
with paragraph 13.
6. Conditions Precedent. As a condition precedent to City's
agreement to allow Third Party to place the Dredge Material in the Fill Site as
described in paragraph 3, Third Party shall do or cause to be done, at the earliest
time possible and in any event prior to any placement of the Dredge Material, the
following:
6.1 Obtain and provide City with copies of all regulatory permits,
licenses and approvals for the placement of the Dredge Material in the Fill
Site. Said permits, licenses and approvals shall name the Middle Harbor
Project Fill Site as an acceptable disposal site.
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6.2 Demonstrate to City's satisfaction, including without
limitation by providing copies of any documentation requested by City, that
the Third Party Project has secured adequate funding and that Third Party
has approved a dredging contract.
Third Party understands and acknowledges that satisfaction of all
conditions precedent is in no way a guarantee that Third Party will be able to
place the Dredge Material in the Fill Site or of the quantity of Dredge Material that
may be placed.
7. Third Party Affirmative Covenants. Third Party hereby agrees that
it shall and shall cause its employees, contractors and agents to:
7.1 Maintain all regulatory permits, licenses and approvals for
the placement of the Dredge Material in the Fill Site.
7.2 Comply with all Applicable Laws in the handling and
placement of the Dredge Material (including without limitation the
extraction, transportation and placement of the Dredge Material), and
where applicable assist and facilitate City's compliance with its permits
and other Applicable Laws.
7.3 In recognition of the critical importance to the Middle Harbor
Project of the timely placement of the Dredge Material, promptly
coordinate and cooperate, and regularly communicate with, the Engineer
and City's contractors in all matters relating to the placement of the
Dredge Material such that the Middle Harbor Project schedule is not
delayed or otherwise impacted. Such coordination, cooperation and
communication shall include, at minimum, attendance by Third Party's
contractors at the Middle Harbor Project's weekly construction meetings
relating to dredging and fill activities, starting four weeks prior to
anticipated material placement and through the entire material placement
process or as otherwise notified to Third Party by City.
7.4 Comply with all Engineer directives, including but not limited
to directions to interrupt, delay, stop or modify the delivery of the Dredge
Material to and placement in the Fill Site due to water quality issues,
safety issues, impacts to City operations, permit compliance, dredge
material placement sequencing, and /or other issues pertinent to the
Middle Harbor SMP. In any event Third Party shall bear its own standby
and delay costs.
7.5 Employ best management practices in the handing and
placement of the Dredge Material (including without limitation with regard
to the extraction, transportation and placement of the Dredge Material).
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7.6 Upon request by City, provide access to Third Party's
records relating to or concerning the handling and placement of the
Dredge Material.
7.7 Upon request by City, provide access to Third Party's
contractors' construction operations records such as barge and disposal
logs related to the Fill Site placement activities to ensure coordination with
other construction activities.
7.8 Be responsible for rehandling, relocating and /or retrieving
any material which is placed in any location other than that specified in the
Third Parry Fill Plan Memo or lost during transportation or placement
activities, as may be directed by the Engineer or Governmental
Authorities, as the case may be.
7.9 Promptly give notice to City of:
(A) the commencement of dredging activities for the Third
Party Project;
(B) the completion of dredging activities for the Third
Party Project (at the same time notification is provided
to the regulatory agencies);
(C) any change in anticipated scheduling of the Third
Party Project or Third Party's ability to comply with
any provisions of this MCA, including without
limitation the Third Party Delivery Period or Third
Party Fill Plan Memo;
(D) any changes to the information provided to City
relating to or concerning the Dredge Material,
including without limitation the volume or chemical or
geotechnical profile;
(E) any litigation, investigation, proceeding or order
involving or affecting Third Party or the Dredge
Material; and
(F) any other matter or information involving or affecting
the Dredge Material which heretofore has not been
notified to City in writing.
7.10 Furnish to City:
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(A) as soon as available, but no later than concurrently
with Third Party's execution of this MOA, copies of all
bathymetric surveys and dredge designs;
(B) as soon as available but no later than concurrently
with Third Party's execution of this MOA, copies of all
sampling, analytical and technical data and reports
relevant to assessment of the suitability of Third Party
Project material for placement and disposal in the Fill
Site;
(C) as soon as available but no later than concurrently
with Third Party's execution of this MOA, any other
test results, reports or data relating to or concerning
the Dredge Material;
(D) prior to the placement of any Dredge Material in the
Fill Site, copies of the permits, licenses and approvals
referred to in subparagraph 6. 1, together with any
regulatory correspondence;
(E) any information generated by or caused to be
generated by Third Party for regulators concerning
the Dredge Material or Third Party Project;
(F) any information which may reasonably be expected to
need to be incorporated into City's Middle Harbor
Project documentation or documentation to comply
with City's permits. In the event of any doubt, Third
Party shall promptly consult with City.
(G) within thirty (30) days after Third Party's notification to
the regulatory agencies of completion of the pertinent
dredging activities, copies of Third Party's calculation
of the total in -situ dredged material volume, and all
information relevant to such calculation, including
without limitation all bathymetry surveys and other
information; and
(H) any other information reasonably requested by City,
including without limitation barge information and
transportation logs.
7.11 Work in good faith with City to eliminate or minimize standby
and delay costs which may be incurred to accomplish the placement of the
Dredge Material in accordance with the Fill Schedule.
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7.12 Cooperate with any post - placement bathymetric surveys or
sampling which may be conducted by City to ensure that placement of the
Dredge Material was conducted as agreed upon in the Third Party Fill
Plan Memo.
8. Third Party Negative Covenants. Third Party shall not, and shall
not permit any of its employees, contractors or agents to:
8.1 Place any Dredge Material in the Fill Site prior to the
satisfaction of all conditions precedent pursuant to paragraph 6.
8.2 Place anything other than the Dredge Material (such as
construction debris) in the Fill Site, or otherwise violate the terms of the
USACE Permit, the WORs or any other Applicable Laws.
8.3 Impact, delay, interrupt or hinder the Fill Schedule, Middle
Harbor Project schedule, successful construction of the Middle Harbor
Project or the ongoing activities of City or the Port, including without
limitation any marine terminal operations.
8.4 Engage in any landside activities.
8.5 Engage in any activities inconsistent with the Environmental
Impact Report for the Middle Harbor Project ( "Middle Harbor EIR ").
8.6 Engage in any activities that would cause City to violate any
Applicable Laws, including without limitation, the USACE Permit and
WDRs.
9. No Payment of Monies. Third Party understands that City will pay
no monetary consideration for the Dredge Material, but that the benefit to Third
Party is City's willingness to accommodate as much Dredge Material as is
reasonable in the context of the Middle Harbor Project, subject to the terms and
conditions of this MOA.
10, No Liability of Citv: Assumotion of the Risk by Third Party.
10.1 Although City is undertaking in this MOA to accommodate as
much of the Dredge Material as is reasonable in the context of the Middle
Harbor Project, Third Party acknowledges and understands that the
Middle Harbor Project's requirements and schedules are subject to
change and /or delay as field conditions develop and as fill from other third
parties is placed in the Fill Site. For example, the fill that is placed prior to
or concurrently with Third Party's Dredge Material may affect the timing,
volume and chemical and structural characteristics of the fill that follows,
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including without limitation eliminating the need for any additional fill.
Third Party understands that it is its responsibility to make, at its cost and
expense, such contingency and other plans as it sees fit, including
securing an alternate disposal site and negotiating flexibility into its
contracts and permits, to be prepared in the event that City's fill material
needs and /or scheduling changes. Third Party understands and
acknowledges that if it fails to make such contingency and other plans it
does so at its own risk.
10.2 Third Party assumes all risks and responsibilities associated
with the extraction, transportation and placement of the Dredge Material,
including without limitation compliance with all Applicable Laws and
rehandling of Dredge Material, injury to crew or contractors and misplaced
or lost fill material.
10.3 Third Party understands and acknowledges that City retains
all rights and discretion with respect to the Middle Harbor Project. City
makes no representations or warranties with respect to the placement of
the Dredge Material in the Fill Site, either by virtue of this MOA, any
permits, licenses or approvals obtained by either of the parties hereto, or
otherwise.
10.4 Third Party understands and acknowledges that nothing in
this MOA shall constitute or confer or be implied to constitute or confer a
grant of any property right, privilege, permit, license or other entitlement to
Third Party or anyone else.
10.5 Notwithstanding anything in this MOA, Third Parry
understands and acknowledges that all matters contemplated by this MOA
are subject to the terms and conditions of City's permits and all other
Applicable Laws, as described in subparagraph 3.3 above.
10.6 Neither Third Party nor any other persons shall be entitled to
any monies or damages (including without limitation, consequential
damages) from City as a result of any matters relating to or arising from
this MOA, including without limitation any changes in City's fill material
needs or scheduling, such as City's accommodation of less Dredge
Material than is contemplated in this MOA or no Dredge Material. Third
Party's sole and exclusive recourse by reason of any matter concerning
this MOA shall be the termination of this MOA pursuant to paragraph 13.
11. Costs and Expenses. Without limiting any other provision of this
rhilRl
11.1 Third Party agrees that it shall be responsible for all costs,
expenses and /or losses associated with the placement of the Dredge
10
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Material, including without limitation the extraction and transportation of
the Dredge Material to the Fill Site, compliance with all Applicable Laws,
any contingency plans, any delays in scheduling or any other
circumstances, conditions or changes, whether anticipated or not.
11.2 Third Party further agrees that it shall be responsible, and
reimburse City for, all costs, expenses and /or losses incurred by City
associated with the placement of the Dredge Material, including without
limitation for any delays to the Fill Schedule. Costs, expenses and /or
losses incurred by City include, without limitation, out -of- pocket expenses,
in -house staff costs, reduced rent, and /or reimbursements.
11.3 Third Party agrees that it shall be responsible, and
reimburse City for, for all costs and /or losses incurred by City in
connection with surveys, inspections, monitoring and review related to or
arising out of the Dredge Material.
11.4 Third Party understands and acknowledges that if all the
Third Party Project material is not placed before the end of the Third Party
Delivery Period, the Fill Site may, at City's sole discretion, no longer
accept the Third Party Project material or acceptance of material may
require additional logistical procedures and associated costs in order to
receive Third Party's Project material, all of which additional logistical
procedures, costs and expenses shall be Third Party's responsibility.
11.5 Third Party understands and acknowledges that once the Fill
Site reaches the elevation at which bottom dumping is no longer feasible,
rehandling of the Dredge Material including without limitation hydraulic
placement (and additional costs and expenses) will be necessary, as
further described in the Third Party Fill Plan Memo. Third Party shall be
responsible for any planning, costs and expenses associated with such
rehandling.
12. Representations and Warranties. To induce City to enter into this
MOA and allow Third Party to place the Dredge Material as provided in this MCA,
Third Party hereby represents and warrants to City that:
12.1 Except as otherwise notified to City in writing and
acknowledged by City prior to the Effective Date of this MCA, all
information and materials provided by Third Party to City relating to or
concerning the Dredge Material, including without limitation the
information set forth in Third Party's Application, is true, complete and
accurate.
12.2 Third Party has disclosed to City all material facts
concerning the Third Party Project and Dredge Material and not failed to
11
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disclose any material fact that would cause any representation to be
materially misleading.
12.3 The Dredge Material has been designated by all applicable
regulators as suitable for placement in a confined disposal facility.
12.4 The Dredge Material does not constitute "hazardous waste"
as defined by the United States Environmental Protection Agency or the
California Department of Toxic Substances Control.
12.5 The Dredge Material is not encumbered by restrictions,
covenants or any other requirements imposed by the State of California or
any other Governmental Authority, including without limitation any
restrictions, covenants or other requirements having the effect of
establishing long -term liability, monitoring and /or maintenance obligations.
12.6 No litigation, investigation, proceeding or order of or before
any Governmental Authority is pending or, to the knowledge of Third
Party, threatened by or against Third Party or anyone else with respect to
the Third Party Project or Dredge Material.
12.7 No claim or litigation of or by any person or non-
governmental entity or organization is pending or, to the knowledge of
Third Party, threatened by or against Third Party or anyone else with
respect to the Third Party Project or the Dredge Material.
12.8 Third Party has obtained and is familiar with the contents of
the Middle Harbor EIR, the current version of the Middle Harbor SMP, the
USACE Permit and the WDRs, copies of which are on file with City's
Director of Environmental Planning.
12.9 Third Party has the power and authority, and the legal right,
to make, deliver and perform this MOA.
12.10 This MOA has been duly authorized, executed and delivered
on behalf of Third Party.
13. Termination. If not earlier expired, this MOA may be terminated at
any time as follows:
13.1 Upon the mutual agreement of City and Third Party.
13.2 By either party, by giving fourteen (14) days' notice to the
other party in the event that the parties are unable to resolve a dispute
pursuant to paragraph 23.
12
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13.3 City may terminate this MOA by giving Third Party two (2)
days' notice upon the breach or default by Third Party (either directly or
through a contractor, subcontractor or agent of Third Party) of any
covenant, duty, obligation, representation or warranty of Third Party under
this MOA and /or any exhibit hereto. Notwithstanding the foregoing, City
may terminate this MCA immediately and without any notice to Third Party
in the event of a breach or default that City believes in its sole discretion is
an imminent threat to the timely, safe or successful completion of the
Middle Harbor Project. Additionally, City may terminate this MOA
immediately and without any notice to Third Party in the event that City
believes in its sole discretion that a violation of an Applicable Law is
imminent or reasonably likely to occur.
13.4 Upon any termination (or expiration) of this MOA, Third Party
shall immediately cease and cause its employees, contractors and agents
to cease all activities, and shall at Third Party's cost, promptly and with all
due care, remove and demobilize all equipment, debris and personnel
from the Middle Harbor Project site. Third Party shall, at its cost, repair
any damage caused by such removal or demobilization and reimburse
City for any delay costs attributable to such removal or demobilization.
13.5 Notwithstanding anything contained in the foregoing or
elsewhere in this MOA, the obligations and indemnities of Third Party
pursuant to paragraphs 10, 11, 13.4 and 15 shall survive any termination
of this MCA.
14. MOA Expiration Date. Notwithstanding anything contained in this
MOA or any exhibits hereto, including without limitation the Third Party Fill Plan
Memo, if this MOA has not earlier been terminated pursuant to paragraph 13, this
MOA shall expire on the earliest of the following dates (such date, the "Expiration
Date "):
14.1 Five years from the Effective Date;
14.2 February 3, 2015, or other date specified in the WDRs;
14.3 February 28, 2020, or other date specified in the USACE
Permit; or
14.4 Upon reaching the applicable volume limits set forth in the
USACE Permit,
unless and until City in its sole and absolute discretion elects to and approves the
extension of the Expiration Date (and, in the case of any applicable regulatory
requirements, obtains the necessary approvals or waivers from the relevant
Governmental Authority to modify such requirement). Notwithstanding anything
13
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contained in the foregoing or elsewhere in this MOA, the obligations and
indemnities of Third Party pursuant to paragraphs 10, 11, 13.4 and 15 shall
survive any expiration of this MOA. Nothing in this paragraph 14 creates a duty
or obligation on the part of City to seek any approvals, waivers, time extensions
or otherwise from any Governmental Authorities.
15. Indemnity. Third Party shall indemnify, hold, protect and save
harmless the City of Long Beach, the Board of Harbor Commissioners and their
officials, commissioners, employees, consultants, advisors and agents
( "Indemnified Parties') from and against any and all actions, suits, proceedings,
claims, demands, damages, losses, liens, costs, expenses or liabilities, of any
kind or nature whatsoever ( "Claims") which may be brought, made, filed against,
imposed upon or sustained by the Indemnified Parties, or any of them, alleging
any connection with this MOA or activities described or related to activities
described in this MOA, including without limitation any activities of Third Party, its
employees, contractors, subcontractors or agents. City shall notify Third Party of
any such Claim, shall tender its defense to Third Party, and assist Third Party, as
may be reasonably requested, in such defense. Upon such notification and
tender, Third Party shall have independent duties to defend such Claim, and to
indemnify the Indemnified Parties except to the extent that injury, death or
property damage is determined by a court of competent jurisdiction to have been
caused by the negligence or willful misconduct of the Indemnified Parties or any
of them. Payment of a Claim shall not be a condition precedent to an
Indemnified Party's right to defense and indemnity.
16. Insurance. As a condition precedent to the effectiveness of this
MOA, Third Party shall (or shall cause its contractor to) procure and maintain in
full force and effect during the term of the MOA, Watercraft Liability Insurance
including Protection and Indemnity with minimum limits of $10,000,000 per
occurrence, Jones Act for employees performing services under said Act, and
Water Pollution Liability. Water Pollution Liability shall include coverage for
bodily injury (including death and mental anguish), property damage, defense
costs and cleanup costs with minimum limits of $10,000,000 per loss
and $10,000,000 total all losses.
Insurance policies will not be in compliance with the MOA if they include
any limiting endorsement that has not been approved in writing by City.
The policy or policies of insurance for Watercraft Liability shall contain the
following provisions or be endorsed to provide the following:
(1) The Indemnified Parties shall be additional insureds
with regard to liability and defense of suits or claims arising out of
the MOA.
Additional Insured Endorsements shall not:
14
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Be limited to ongoing operations.
ii. Exclude contractual liability.
iii. Restrict coverage to the sole liability of Third
Party (or Third Party's contractor, if insurance under this
paragraph 16 is being procured and maintained by Third
Party's contractor).
iv. Contain any other exclusion contrary to the
[M*M
(2) This insurance shall be primary and any other
insurance, deductible, or self- insurance maintained by the
Indemnified Parties shall not contribute with this primary insurance.
(3) The policy shall not be canceled or the coverage
reduced until a thirty (30) day written notice of cancellation has
been served upon the Executive Director of the Harbor Department
except notice of ten (10) days shall be allowed for non - payment of
premium.
Any deductible or self- insured retention must be approved in writing by the
Executive Director and shall protect the Indemnified Parties in the same manner
and to the same extent as they would have been protected had the policy or
policies not contained a deducible or self- insured retention.
Third Party shall (or shall cause its contractor to) deliver either certified
copies of the required policies or endorsements on forms approved by the City
( "evidence of insurance") to the Executive Director for approval as to sufficiency
and as to form. At least fifteen (15) days prior to the expiration of any such
policy, evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the Executive Director. If such coverage
is canceled or reduced, Third Party shall (or shall cause its contractor to), within
ten (10) days after receipt of written notice of such cancellation or reduction of
coverage, file with the Executive Director evidence of insurance showing that the
required insurance has been reinstated or has been provided through another
insurance company or companies.
The coverage provided shall apply to the obligations assumed by the Third
Party under the indemnity provisions of this MOA but this insurance provision in
no way limits the indemnity provisions and the indemnity provisions in no way
limit this insurance provision.
Third Party agrees to suspend and cease, and cause the suspension and
cessation of, all operations hereunder during such period of time as the required
insurance coverage is not in effect and evidence of insurance has not been
approved by the City.
15
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Each such policy shall be from a company or companies with a current
A.M. Best's rating of no less than A:VII and authorized to do business in the
State of California, or otherwise allowed to place insurance through surplus line
brokers under applicable provisions of the California Insurance Code or any
federal law.
If coverage is written on a claims -made basis, the retroactive date on such
insurance and all subsequent insurance shall coincide with or precede the
effective date of the MOA and continuous coverage shall be maintained or Third
Party shall (or shall cause its contractor to) obtain and submit to City an extended
reporting period endorsement of at least three (3) years from termination or
expiration of this MOA.
Upon expiration or termination of coverage of required insurance, Third
Party shall (or shall cause its contractor to) procure and submit to City evidence
of "tail" coverage or an extended reporting coverage period endorsement for the
period of at least three (3) years from termination or expiration of the MOA.
17. Notices. Any notices to be given under this MOA, including without
limitation the notices described in subparagraph 7.9, shall be given in writing.
Such notices may be served by personal delivery, facsimile transmission or by
first class regular mail, postage prepaid. Any such notice, when served by mail,
shall be effective two (2) calendar days after the date of mailing of the same, and
when served by facsimile transmission or personal delivery shall be effective
upon receipt. For the purposes hereof, the address of City, and the proper
person to receive any such notices on its behalf, is: Executive Director, Long
Beach Harbor Department, P.O. Box 570, Long Beach, California 90801, FAX
number (562) 901 -1733 with a copy to: Thomas Baldwin, Long Beach Harbor
Department, P.O. Box 570, Long Beach, California 90801, FAX number (562)
901 -1763; and the address and FAX number of Third Party set forth on Exhibit B
attached hereto.
18. Governing Law. This MOA shall be deemed made in the State of
California and shall be governed by the laws of said State (except those
provisions of California law dealing with conflicts of law), both as to interpretation
and performance.
19. Amendments. Waivers and Extensions. Except as expressly
provided in this MOA, no modification, amendment or extension, in whole or in
part, of this MOA shall be effective unless made in writing by both parties hereto.
No waiver shall be effective unless made in a writing by a duly authorized officer
or representative of the party whose rights are thereby waived. No waivers shall
be implied.
20. Merger: Integration. This MOA, including all exhibits, constitutes
the entire understanding between the parties and supersedes all other
agreements, oral or written, with respect to the subject matter herein.
16
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21, Relationship of the Parties. Each party hereto represents that it
has sought and obtained any appropriate legal advice it deems necessary prior
to entering into this MOA. No party shall act or be deemed to act as legal
counsel or representative of the other party, unless expressly retained by such
party for such purpose, and, except for such express retention, no attorney /client
relationship is intended to be created between the parties. Nothing herein shall
be deemed to create a partnership or joint venture and /or principal and agent
relationship between the parties hereto. Each party represents that the parties
hereto have participated jointly in the negotiation and drafting of this MOA. In the
event any ambiguity or question of intent or interpretation arises, this MOA shall
be construed as if drafted jointly by both parties hereto, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this MOA.
22. Assignment: Bindinq Effect. Third Party shall not assign or transfer
this MOA without the prior written approval of City. Such approval may be
granted or denied in the absolute discretion of City. This MOA shall extend to, be
binding upon, and inure to the benefit of the parties hereto and their respective
successor, heirs and permitted assigns.
23. Dispute Resolution. In the event of a dispute between the parties
hereto, the parties shall make good faith efforts to resolve the dispute through
negotiation. If the parties are unable to resolve the dispute, one or both parties
may terminate this MOA in accordance with paragraph 13.
24. Order of Precedence. In the event of any conflict or ambiguity
between this written agreement and any exhibit hereto, the provisions of this
agreement shall govern.
25. Counterparts: Headings. This MOA may be executed in
counterparts, each of which shall be deemed an original, but both of which
together shall constitute one and the same instrument. The headings and sub-
headings contained in this MOA are for reference purposes only and shall not in
any way affect the meaning or interpretation hereof.
[Signature Page Follows]
17
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2011 By:
Name:
Title:
2011 By:
Name:
Tale:
APPROVED AS TO FORM:
rjvmq--
City Attorney
6`1 / / 2011
CITY OF NEWPORT BEACH, a municipal
corporation
THIRD PARTY
CITY OF LONG BEACH, a municipal
corporation, acting by and through its
Board of Harbor Commissioners
oc-) Richard D. Steinke
Executive Director
Long Beach Harbor Department
REM
The foregoing document is hereby approved as to form.
ROBERT E. SHANNON, City Attorney
2011 By:
Tiffani L. Shin, Deputy
(Signature Page to Third Party Dredge Material MOAJ
18
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California oria f 1
County of c)RA E Ji
OrAkP-W Z3 24 before me, LI. 444f24_�
Pike— l' — 1 l Hare Insert Name "Tlla of me officer
personally appeared Pik kh!-Lj /
Nama(s) of Sifirwis)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose nameN is4ke
subscribed to the within instrument and acknowledged
to me that he *ephey executed the same in
his /t rR(jr authorized capacty(ies� and that by
L. HARRIS his/her /tKiir signatureA on the instrument the
Corrnnlaabn - 181 im persof�or the entity upon behalf of which the
Maury FhrNk - CalHanla
Cranes CoaMy perso acted, executed the instrument.
Caren. Yar 12 2013
1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my han nd ical seal.
Signa ure:
Place Notary Seal anmor Stamp Above OPTIONAL / /( Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
• Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Nalary Assodation- 9350 De Soto
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
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EXHIBIT A
THIRD PARTY FILL PLAN MEMO
[Attached.]
19
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THIRD PARTY FILL PLAN MEMO
Version 1.0 February 17, 2011
This memorandum sets forth specific details associated with the materials to be delivered by the City of
Newport Beach to the City of Long Beach.
DELIVERY PERIOD
The delivery period for the third party material shall be as stated below. Any changes to the delivery
period will be according to the provisions of the MOA. The delivery cannot commence until the City
constructs the retention dike and the site is made available. It is understood, the City has entered into a
Contract with Manson /Connelly JV to construct the retention dike for the Slip 1 fill location and
coordinate the deposit of Third Party materials. The retention dike is anticipated to be in place and the
fill site available by August 2011. The City will notify the third party in writing when the disposal site is
available.
Delivery Period is August through December, 2011
VOLUME OF MATERIAL
The volume of material the Third Party anticipates delivering to the City is 150,000 cubic yards. This
quantity is approximate and may vary by 10% without this memorandum needing to be revised.
MATERIAL CHARACTERISTICS
The materials to be delivered are generally characterized as silt /clay materials dredged from the
Rhine Channel representing contaminated sediment cleanup. The material characteristics are
based on geotechnical reports provided by the City of Newport Beach with the application dated
June 30, 2010 and additional geotechnical data in September 2010.
Based on the geotechnical information provided, the proposed dredge materials have the following
typical geotechnical characteristics:
o Mostly fine- grained soils with up to 25 percent clays (percentage of materials finer than 2
micrometers in diameter) and up to 75 percent silts [percentage of materials that are larger
than 2 micrometers in diameter and smaller than No. 200 sieve opening (75 micrometers in
diameter)].
Based on early chemical information provided by the City of Newport Beach, the proposed dredge
materials have the following specific characteristics:
o All boring locations exceed ERL and /or ERM levels for Mercury, Copper and Zinc. Also, all boring
locations exceed ERL and /or ERM levels for PCBs and DDT.
Exhibit A Page 1 of 2
Any material not consistent with the general characteristics represented by the testing performed will
not be permitted to be placed in the fill
PLACEMENT METHODS
The materials are to be delivered by barge and deposited in the Slip 1 Layer 1 area within the
Middle Harbor in the Port of Long Beach as shown on the attached placement drawings. The
deposited materials shall be placed in a manner as to create a relatively consistent elevation, with
undulations not to exceed 4 feet vertically from the surrounding area. The material shall be placed
in a pattern of barge placement that does not continuously overlap previous placement. In no
case shall the material be allowed to be deposited at a height above elevation -20' MLLW.
Any debris from the Third Party material disposal shall be removed by the Third Party and properly
disposed of outside the Port of Long Beach.
GENERAL REQUIREMENTS
The Third Party shall schedule a pre - disposal coordination meeting with the City at least fourteen
calendar days prior to scheduled delivery.
In addition to Conditions Precedent, Section 6 of the MOA, the Third Party shall provide for the
City's review and approval copies of all permits, insurance, indemnity forms no less than thirty
calendar days prior to scheduled delivery In accordance with the MOA.
In addition to Third Party Affirmative Covenants, Section 7 of the MOA, the Third Party shall
provide the City with a pre disposal bathymetric survey of the fill site seven calendar days prior to
scheduled delivery.
Attachments:
Fill Site Plan
Fill Section A -A
Fill Section B -B
Exhibit A Page 2 of 2
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DREDGE MATERIAL DEPOSIT LOCATIONS
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THIRD PARTY'S ADDRESS AND FAX NUMBER
City of Newport Beach, Harbor Resources
Chris Miller
829 Harbor Island Drive
Newport Beach, California 92660
FAX number (949) 723 -0589
20
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