HomeMy WebLinkAboutC-2203 - Upper Newport Bay/San Diego Creek Sediment Control Planl
C ouni� Igree m ent No.
IMPLY. MENTATION AGREEMENT
IN -CHANNEL FACILITIES
AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE ORANGE COUNTY FLOOD \
CONTROL DISTRICT, THE CITY OF IRVINE, THE CITY OF TUSTIN, THE CITY
OF NEWPORT BEACH, AND THE IRVINE COMPANY FOR CONSTRUCTION OF
ADDITIONAL IN -CHANNEL FACILITIES IN SAN DIEGO CREEK IN FURTHERANCE
OF THE NEWPORT BAY WATERSHED -SAN DIEGO CREEK COMPREHENSIVE
STORMWATER SEDIMENTATION CONTROL PLAN
This A G REE M EN T m ade and entered into this , day of 9
by and between the County of Orange, hereinafter referred to as "County"; the Orange County
Flood Control District hereinafter referred to as "District!'; City of Newport Beach, hereinafter
referred to as "Newport Beach"; the City of Tustin, hereinafter referred to as "Tustin"; the City
of Irvine, hereinafter referred to as 'Irvine", and The Irvine Company. The six entities are
hereinafter sometimes jointly referred to as the "Parties."
WITNESSETH
WHEREAS, the sedimentation in Newport Bay has adversely affected the Upper Newport Bay
State Ecological Reserve, navigation, recreation, and the environmental and scenic values of
Newport Bay, a significant natural regional asset:; and
WHEREAS, the Parties share a concern for the maintenance of the Bay as a high-quality natural
regional resource; .and
WHEREAS, information is now available so that implementation of a sedimentation control
program can be initiated; and
WHEREAS, the Comprehensive Sedimentation Control Plan, which consists of several elements in-
cluding
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cluding additional sediment control facilities in the Bay and San Diego Creek, constitutes a plan
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for reducing the influx of sediment to and the impact of sedimentation on the Bay; and
WHEREAS, the Parties wish to join together in this Agreement to accomplish the construction of
additional sedimentation and flood control facilities in the lower reaches of the San Diego Creek
watershed.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter
stated, the respective parties hereto do agree as follows:
Section L Definitions.
Project The design and construction & additional sedimentation and flood control
facilities in and/or adjacent to San Diego Creek and/or its tributaries.
The Project is proposed to reduce the influx of sediment to Upper Newport Bay and
provide flood control benefits in San Diego Creek. The portion of any facilities which provide
only a sediment control benefit for Upper Newport Bay shall be a joint project of all the Parties
except the District. The District or adjacent developers under terms of a separate agreement or
conditions of a development approval shall be splay responsible for the flood control facilities.
As initially contemplated, the project is intended to include three additional in -chan-
nel sedimentation basins as described as Part III- In Channel. Basins as shown on Exhibit A. This
and other alternatives will be evaluated by the Project Report described in Section 5.
Steps: Elements of the Project which can be funded and scheduled independently or in
conjunction with other elements.
Share: Portion of Project step cost allocated to a party to the agreement.
Overhead: Overhead rates for County charges shall be calculated by the County
Auditor -Controller for the applicable fiscal year.
Allocated Costs: The allocated oasts for each step shall be County's direct and
overhead charges for materials, labor, and direct supervision for work performed by the County
and County's actual contract cost, plus County's direct and overhead costs for contract
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administration for work which the County has performed by oontract plus expenses incurred as a
result of litigation associated with this project.
Fiscal Year: The fiscal year for the Project will begin on July 1 and end on June 30 of
the fallowing calendar year.
Executive Com mittee: The Executive Com mittee shall be that created by the
Cooperative Agreement between the cities of Irvine, Tustin and Newport Beach, the State
Department of Fish and Game, The Irvine Company and the County of Orange dated
September 25, 1984.
Section 2. Pte. Tbis Agreement is made for the purpose of accomplishing the
Project in furtherance of the Upper Newport Bay -San Diego Creek Comprehensive Storm water
Sedimentation Control Plan, indbAing but not limited to preparation of grant applications,
contract documents, securing approvals, arranging financing and construction administration
activities. The objective of the Project is the reduction of sediment entering the Upper Newport
Bay Ecological Reserve consistent with facilitation of flood control objectives.
Section 3. Term. The term of this Agreement shall commence upon approval and
execution of this document by each and every party and shall continue for so long as the Project
facilities are needed for the protection of the Upper Newport Bay Ecological Reserve or until
terminated as provided hereinafter.
Section 4. Termination and A m end m ent.
(a) This Agreement maybe terminated or amended at anytime by the unanimous
consent of the Parties, or as otherwise provided herein, except that no termination or amendment
may be made which is contrary to any agreement entered into by Party(ies) in reliance on this
agreement for purposes approved by the Executive Com mittee or which is contrary to a grant
agreement entered into by parties with any department or branch of the State or with the United
States of A m erica or any other entity for funds to be used to im ple m ent this Agree m ent:.
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(b) At steps one through four identified in Section 11, the Executive Committee will
determine if adequate funds have been provided to proceed. If adequate funds cannot be secured
to fund a step through to co m plet ion, the agreement may be terminated.
(c) - If the agreement is terminated, all documents become the property of the County.
(d) Additional entities may become parties to this agreement provided the parties to
this agreement consent unanimously.
(e) This Agreement may be suspended for one or more years by unanimous vote of the
Executive Com mittee. At the time any suspension is agreed to, the length of time of the suspen-
sion
uspen
sion will also be agreed to and the Executive Committee shall be responsible for reinitiating its
functions as described herein fallowing the suspension period.
Section 5. Design, Funding, Construction and Maintenance of Project
(a) Step 1: Project Report. The County shall investigate and evaluate alternatives,
recommend one and prepare a preliminary cost estimate. The report shall include an allocation of
the preliminary cost to sediment and flood control facilities. The recommended alternative and
cost allocation shall be submitted to the Executive Com m ittee for approval of the sediment
control elements of the Project. Following approval, the County shall prepare necessary environ-
mental
nvironmental documentation.
(b) Step 2: Funding Applications. County shall act as Lead Agency in applying for
Federal, State and/or other funds, and the other Parties shall support the applications. Any
shortfall rem ah-dng after available outside funds have been secured will be financed by the Parties
hereto, as described hereinbelow.
(c) Step 3: Contract Documents. County shall prepare Contract Documents required
to award a contract for the construction of the Project, including but not limited to permits,
approvals, environmental documents, and bidding documents.
(d) Step 4: Construction. County shall advertise, award, and administer the
construction contract.
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(e) Step 5: Operation and Maintenance. The completed Project facilities shall be
integral parts of the San Diego Creek Channel~ however, they shall not reduce the flood -carrying
capacity of the channel. County and/or District shall continue to operate and maintain the
channel and will operate and maintain the Project to be constructed under this Agree m ent in such
a way as tx) accomplish its flood control purpose. The parties agree that such level of mainte-
nance should be adequate to control the influx of sediment to Upper Newport Bay. If at any time
the Executive Com mittee deems it appropriate to engage in -a higher level of maintenance, the
cost thereof shall be the subject of separate negotiation.
Section 6. Lead Agency. The County shall be Lead Agency for implementing the
sediment control element of the Project as approved by the Executive Com mittee and in obtaining
outside funding for the Project. The County shall also be Lead Agency in compliance with the
California Environmental Quality Act. The County shall consult with the other Parties in the
preparation of the Project report, design of the Project and in the resolution of construction
problems, but County's decision will be final. The other Parties shall participate as responsible
agencies defined by C E Q A and provide full cooperation in the preparation of and shall support
County's grant applications, environ m ental documents, permit applications, and requests for local
approvals.
Section 7. Executive Committee. The Executive Committee shall meet as necessary,
but atleast once every six months. The Executive Committee shall make recommendations to the
Parties toward accomplishment of the objectives of this Agreement; approve a sediment control
alternative; approve budget recommendations to the Parties for construction and contract
administration costs; provide com m unications among the Parties; evaluate policy options and
funding opportunities; develop strategy, implement decisions, and monitor performance. All
actions by the Executive C o m m ittee relative to this agree m ent m ust be approved by a m ajority of
the parties to this agreement unless otherwise specified by this agreement. The Executive
Com mittee may appoint subcom mittees as needed. The Project Manager as designated in Section
9 shall attend all meetings of the Executive Com mittee until construction of the Project is
completed.
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M
The County member of the Executive Committee will represent both the County of
Orange and the Orange County Flood Control District.
Section 8. Technical Liaison Committee. Technical liaison among the Parties shall be
accomplished by a Technical Liaison Com m ittee. Each of the Parties shall appoint a member and
an alternate to the Technical Liaison -Committee. The County member shall be Project Manager
of the Project. The Technical Liaison Committee shall meet as necessary and shall be responsible
for timely exchange of information, consultation on and resolution of technical issues, and for
providing timely support to the County by the other Parties.
Section 9. Project Manager. County shall appoint a Project Manager with sufficient
project management background, authority, and access to County resources to successfully man-
age the Project. The Project Manager shall establish a Project Work Plan and Schedule, assure
that appropriate County resources are available as needed, maintain the schedule, keep the
Executive Committee advised of Project status and outlook, coordinate activities and informa-
tion exchanges among the Parties, and do all that is necessary to accomplish the purpose of this
Agreement.
Section 10. Distribution of Costs. The Parties agree that the sediment control portion
of the Project design, administration and construction costs as defined in Section 11, when not
covered by outside funding, shall be allocated in accordance with the following percentages:
County 41%
Irvine 8%
The Irvine C om pany 42%
Tustin
6%
Newport Beach 3%
Costs of flood control portions of the Project shall be allocated to the District. Allocation
percentages may be revised at any time prior to initiation of any step outlined in Section 5 by
unanimous consent of the Parties. The above notwithstanding, the parties hereto agree to use
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their best efforts to secure financial participation from other major landowners or governmental
agencies in the watershed but which are not a party to this agreement. Should any costs be
reimbursable by grant or other property owners or state or federal funding, the County will refund
the reim m bursed funds to the Parties on a pro -rata basis in proportion to their original contribu-
tions within 60 days of receipt of such monies.
It is agreed that by execution of this agree ent each party only com mits ba fund tram:
portion of the Project referred to as "Step One: Project Report" as described in Section 5.
Section 11. Accounting by Steps. County as Lead Agency, will incur expenditures for
preparation of Project Report Funding Applications, Environmental Documents, Contract Docu-
ments, and for the ConstructiOn-`of the Project. The other Parties shall deposit funds with County
to cover their share of the cost of each step defined in Section 5 and distributed among the
Parties in accordance with Section 10. The Parties shall, within 60 calendar days of receipt of
invoice, deposit with the County the billed amounts. Upon completion of each step, County shall,
perform a final accounting of its actual cost of that step, and shall recom pute the shares of the
Parties based on the allocation set forth in Section 10. If the recomputed shares are more than
the amount on deposit, County shall send a supplemental bill, and the Parties shall, within 60
calendar days of receipt of invoice, pay the balance. If the recomputed shares are less than the
amount on deposit, County shall refund the difference on a pro -rata basis in proportion to the
original contributions. No step will proceed until adequate funding has been received by the
C ounty to f and the step through to co m pletion.
(a) At each step identified in Section 11, each party will indicate its intent to
participate by providing funds for its allocated costs for that step. Should a party fail to provide
funds, its costs will be distributed to the remaining parties as described in Section 10.
(b) Step 1: Project Report On adoption of this agreement County shall bill the other
Parties for their allocation of the Project Report cost, estimated as follows:
County
Irvine
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$12,300
$ 2,400
The Irvine Company $12,600
Tustin $ 11800
Newport Beach $ 900
Sub Total (sediment control) $30,000
District (flood control) $170,000
Total $200,000
The Project Report is scheduled for completion on or about July, 1985. On completion of
the Project Report the County shall submit the recom mended project alternative and cost alloo-
ations to the Executive Committee for approval. When approved, County shall prepare estimated
cost allocations for funding application, environmental documents, contract documents, and
construction costs, and a revised Exhibit A describing the Project.
(c) Step 2: Funding Applications. On approval of the sediment control elements of
the Project report the Executive Committee shall meet to develop a funding strategy for those
elements. County will then prepare an estimate of its costs of preparing, submitting, and follow-
ing through on funding applications, and will ball the other Parties fcr their share, computed on
the bans of the allocation set forth in Section 10.
(d) Step 3: Contract Documents. On or about August, 1985 the County shall present
an infor m ation copy to each of the other Parties showing an esti.m ate of their share, oom puted on
the basis of the Distribution of Costs set forth in Section 10 for preparation of Contract
Documents. County shall then bill the other Parties for their respective shares of the estimated
costs for the uninterrupted eo m pletion of the documents.
(e) Step 4: Construction. On or about April, 1986 and annually thereafter until
completion of the Project, the Executive Com mittee will review and approve in concept the
contract documents and identify elements of the Project to be implemented during the following
fiscal year. The estimated Project Construction Cost will be comprised of the engineers esti-
mated cost, County's estimated direct and overhead costs of construction administration, and a
am
contingency of 10 %. County will deduct from the Estimated Project Construction Cost the total
amount of outside funding obtained to determine the balance to be financed by the Parties.
County shall compute each Party's share, based on the allocation set forth in Section 10, and shall
Yell the other Parties for their share. Prior to County's advertising the construction contract, the
Parties shall deposit with County their shares of the Estimated Project Construction Cost.
Upon receipt of the Estimated Project Construction Cost deposits, County shall advertise the
Project, receive bids, and subject to Section 14, award a contract. Prior to award of the contract,
County shall recompute the Estimated Project Construction Cost, based on the unit prices bid by
the successful bidder, and notify the other Parties of the recomputed amount. If the recomputed
Estimated Project Construction Cost is more than the amount on deposit, County may elect to bill
the other Parties for their share, based on the allocation in Section 10. Should County so bill the
Parties, the Parties shall, within 60 calendar days of receipt of the invoice, pay the balance. If
the recomputed Estimated Project Construction Cost is less than the amount on deposit, County
shall refund to the other parties their share, based on the allocation in Section 10, within 60 days
of filing final notice of completion. Upon completion of the Project and acceptance by County,
County shall compute the Project Construction Cost. The Project Construction Cost shall consist .
of the direct payments to the contractor plus County's direct and overhead costs for construction
administration. County shall render a final accounting of the Project Construction Cost to the
other parties within six months of filing of final notice of completion.
Section 12. Schedule. It is the intent of the Parties that a funding and implsmentam
tion schedule be established by the Executive Com mittee that will ensure completion of construc-
tion by 1990 and shall be adhered to as closely as possible. Toward that end each Party will assign
this Project a high priority.
Section 13. Approval of Contract Documents. County shall circulate information
copies of Contract Documents to the other Parties as such documents become available. The
other Parties may advise and consult with the County regarding the project design, and County
shall consult with and consider the com ments of the other Parties regarding the design of the
Project, but County's decision on the design of the Project shall be final. If approval of any other
Party to this Agreement is required in order for County to lawfully award a contract, each and
every one of the other Parties hereby agrees to make every reasonable effort to grant such
approval
Section 14. Rejection of Bids. County has the option at its sole discretion, of
awarding a contract or of rejecting all bids and re -advertising if the total Project Construction
Cost does not exceed the budgeted amount, or of rejecting all bids if they exceed the budgeted
amount. If the total Project Construction Bid Cost exceeds the budgeted amount, the additional
cost will be allocated to the Parties as described in Section 10 and the County must also then
receive unanimous approval of the Executive Committee before awarding the contract.
Section 15. Withdrawalof Parties. Any of the parties to this agreement may with-
draw by giving written notice of withdrawal to the other parties to this agreement The with-
drawing party shall be responsible for financial obligations hereunder to the extent incurred and
agreed to by the party prior to the effective date of withdrawaL Incurred obligations for facili-
ties constructed pursuant to this agreement shall include all ongoing casts resulting from com-
pliance with permit requirements imposed on the operation of facilities constructed or under
construction as of the date of withdrawaL The balance of the parties shall continue in the per -
for m ance of the ter m s and conditions of this agree m ent on the basis of a revised allocation of
costs as set forth in Section 10 unless and until the agree ent is terminated and cast allocations
will. be recomputed accordingly.
Section 16. Liability It is mutually understood and agreed that merely by virtue of
entering this Agreement each Party neither relinquishes liability for its own actions nor assumes
liability for the actions of the other Parties. It is the intent of the Parties that the liability, if
any, of each Party shall remain the same while this Agreement is in force as it would be without
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the Agreement. This Agreement represents a cooperative effort to accomplish the construction
of an important public project. It is based upon compromise taking into account the benefits to
and interests and responsibilities of the Parties. Neither the Agreement itself, nor any provision
as evidence of liability of any kind against any of the Parties.
The public agency Parties designated to ad minister the projects will require each and
every contractor involved with the project to obtain and to maintain throughout the term of their
contract, the following insurance policies:
1. Comprehensive General Liability including
Completed Operations, Comprehensive Automobile Single Limit
Liability, and Contractual Liability: $1,000,000 Combined
2. Workers! Compensation and Employers' Liability: Statutory Limit
Each insurance policy required by the contract shall contain -the following three clauses:
1. "This insurance shall not be cancelled, limited in scope of coverage or non -
renewed until after thirty (30) days written notice has been given to all Parties."
2. "It is agreed that any insurance maintained by the Parties will apply in excess of,
and not contribute with, insurance provided by this policy."
3. "As respects operation of the nam ed insured performed on behalf of the Parties,
the following are added as insureds: County of Orange, Orange County Flood
Control District, City of Newport Beach, City of Irvine, City of Tustin and The
Irvine Company."
The Party administering shall have the contractor agree to deposit with them, at or
before the effective date of the contract, certificates of insurance necessary to satisfy the
insurance provisions, and to keep such insurance and certificates therefor on deposit with Party
during the entire term of the contract.
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Section 17. -Availability of Funds. The obligation of each Party is subject to the
availability of funds appropriated for this purpose, and nothing herein shall be construed as
obligating the Parties to expend or as involving the Parties in any contract or other obligation for
the future payment of money in excess of appropriations authorized by law.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
SCP Z 5 1964
D ate:
COUNTY OF ORANGE AND ORANGE COUNTY
FLOOD CONTROL DISTRICT
_ BY: � • vv
C hair m an of Board of Supervisors
5EP 2 5 19$4 _
Date: BY• '
s� r inda D. Roberts
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
Adrian Kuyper, County Counsel
Orange County, California
BY: ✓lam %/ ��' ���-%
ATTEST:
City Clark
CITY OF IR VIN E
By:
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M ayor
ATTEST:
City Clerk d
.r
ATTEST:
BY
/✓* .lei
APPROVED AS TO FORM:
City Attorney /
Date:
APPROVED AS TO FORM:
CITY OF TUSTIN
BY:
_Mayor Pro Tern
CITY OF NEWPORT BEACH
BY:
ay
THE IRV NE COMPANY
BY:
esident
BY: :Z4222k-�
Vice resident
DRC:dasRD-01-20 - 14 -
8/9/84
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COUNTY
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UNIVERSITY OF CALIFORNIA
IRVINE
O LEGEND
PART I - EARLY ACTION AND INTERIM PLAN
O - EXCAVATED BASIN
O O - IN -CHANNEL BASINS
PART III- PROPOSED
O D &IN -CHANNEL BASINS
80 "l=E: HOY`E EN(3lNEERING
DOWNSTREAM PROJECTS
EXHIBIT A
C -';L�03
C30
COOPERATIVE AGREEMENT
SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM
THIS AGREEMENT is made and entered into this oll /a'4" day of
,•- 1984, by and between the CITY OF IRVINE and the CITY
OF NEWPORT BEACH.
W I T N E S S E T H
WHEREAS, the Cities of Newport Beach and Irvine have entered into
a cooperative agreement with the Southern California Association of Governments
for the development of a Comprehensive Storm Water Sedimentation Control
Plan for the San Diego Creek basin; and,
WHEREAS, an element of the Plan is to perform sediment monitoring
within the San Diego Creek watershed and Newport Bay; and,
WHEREAS, the U.S. Department of the Interior, Geological Survey,
has approved a five-year sediment monitoring program in San Diego Creek to
be funded 50% U.S. Geological Survey and 50% local; and,
WHEREAS, it is anticipated that sediment monitoring within the
San Diego Creek watershed and Newport Bay will be included in agreements to
implement the Comprehensive Storm Water Sedimentation Control Plan for the
San Diego Creek Basin now being negotiated between the Orange County
Environmental Management Agency, the State of California Department of Fish
and Game, the City of Irvine, the City of Newport Beach, and The Irvine
Company; and,
WHEREAS, the City of Irvine, the City of Newport Beach and The
Irvine Company have entered into an agreement to fund preliminary data
collection and the first year of the sediment monitoring program, and,
WHEREAS, The Irvine Company has provided their portion of the
funding for the second year sediment monitoring program; and,
program;
WHEREAS, it is desirable to continue the sediment monitoring
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto agree as follows:
1. SCOPE
This Agreement is intended to provide local funding for the
second year of the sediment monitoring program, September 1983 to September
1984; and for compilation of data.
2. CONTACT AGENCY
The City of Newport Beach is to be contact agency with the
U.S. Geological Survey.
3. TERM
The term of this Agreement shall extend from the date of
execution of this Agreement to compilation of the first year's data, or
June 30, 1985, whichever occurs first.
4. PROGRAM COST
a. City of Irvine
b. City of Newport Beach
c. The Irvine Company
d. U.S. Geological Survey
5. PAYMENT
Second Year $12,390
Second Year $12,390
Second Year $16,520
Second Year $41,300
The City of Irvine shall make payment of their portions of
the program costs to the City of Newport Beach by September 30, 1984.
6. AMENDMENT
This Agreement may be amended with unanimous approval of
the parties.
7. LIABILITY
It is mutually understood and agreed that merely by virtue of
entering this Agreement, each party neither relinquishes liability for its
own actions nor assumes liability for the actions of other parties. It is
the intent of the parties that liability of each party shall remain the same
while this Agreement is in force as it was before this Agreement was made.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment the day and year first above written.
CITY OF IRVINE
Dated: 4,,� ,� I 1984
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
r'
Dated: - 1984
ATTEST:
Z�&A- .,1�4ttezl)
City Clerk 161
By
Mayo r
APPROV V
City A for of Irvine
By
v4
AS F M:
ty Attorney of Newport each
84/85 C-883
JOINT POWERS
AGREEMENT
BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND GAME
AND THE CITY OF NEWPORT BEACH TO RESTORE WETLAND HABITAT
AND CONTROL SEDIMENT DEPOSITION IN UPPER NEWPORT BAY ECOLOGICAL RESERVE
THIS JOINT POWERS AGREEMENT IS ENTERED INTO THIS _/ 0 Ik2 day of
Sv d / 1984, between the CALIFORNIA DEPARTMENT OF FISH AND
GAME (hereinafter referred to as "DFG") and the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY")
W I T N E S S E T H
WHEREAS, DFG is the owner of a large part of Upper Newport Bay, administering
it as Upper Newport Bay Ecological Reserve, and plans to excavate portions of
Upper Newport Bay to increase the wetland resource values of the Reserve and
reverse damage caused by past sediment deposition; and
WHEREAS, CITY is a local government jurisdiction, concerned about sediment
deposition in Newport Bay, and instrumental in funding the construction of
facilities to prevent sediment transport into the Bay; and
WHEREAS, CITY and DFG have entered into an agreement (hereinafter referred to
as "IN -BAY AGREEMENT"), with The Irvine Company, County of Orange, the Orange
County Harbors, Beaches and Parks District, and the City of Irvine (hereinafter
referred to as the "PARTIES") to finance the construction and maintenance of
wetland restoration/sediment control facilities in Upper Newport Bay; and
WHEREAS, it is the intent of the IN -BAY AGREEMENT to accomplish excavation
for wetland restoration and sediment control; and
WHEREAS, it is the intent of the IN -BAY AGREEMENT to accomplish planned
excavation in two (2) units to be funded separately; and,
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WHEREAS, the purpose of this Agreement is to provide for the construction
of Unit I of the planned excavation, (hereinafter referred to as the
"PROJECT"); and
WHEREAS, under the IN -BAY AGREEMENT, DFG is responsible for funding a
major portion of the PROJECT; and
WHEREAS, under the IN -BAY AGREEMENT , DFG, CITY,and the PARTIES have
determined that it will be to their mutual benefit and savings for CITY
to accomplish the PROJECT under CITY contract; and
WHEREAS, DFG and CITY are authorized to enter into Joint Powers Agreement
pursuant to Government Code Section 6500 et seq.; and
WHEREAS, DFG and CITY desire to set forth their respective rights and
obligations concerning DFG contribution of funds to and participation in
PROJECT;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS:
1. The scope of the PROJECT is shown on Exhibit "A" and includes the
following:
a. Removal of the central island from the "Early Action Plan" basin.
b. Deepening the "Early Action Plan" basin.
c. Expanding the "Early Action Plan" basin by approximately 35 acres.
d. Constructing a subtidal channel from the outlet of the enlarged
"Early Action Plan" basin to the main dike.
The total excavation for the PROJECT is estimated to be 740,000 cubic
yards, and the total cost including design engineering, construction
engineering, administration and project construction is not to exceed
Three Million Five Hundred Forty -Seven Thousand Seven Hundred Eighty -Seven
Dollars ($3,547,787).
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2. DFG SHALL:
a. Obtain all permits required to accomplish PROJECT.
b. Deposit with the CITY for use in defraying the costs of design
engineering, construction engineering, administration and actual
PROJECT construction an amount not to exceed One Million Seven
Hundred Thousand Dollars ($1,700,000).
c. Review and, if acceptable, approve PROJECT plans.
d. Present; PROJECT plans to State Public Works Board for approval
before dispersal of funds for construction of PROJECT.
e. Name an authorized representative to provide CITY writtin approval
to award contract within 10 days of PROJECT bid opening.
f. Authorized representative to provide CITY written approval to award
contract within 10 days of PROJECT bid opening.
g. Review and, if found acceptable, approval the PROJECT Final report.
3. CITY SHALL:
a. In addition to the aforementioned DFG deposit, collect (1) deposits
from the other PARTIES in accordance with the IN -BAY AGREEMENT, and
(2) collect anticipated mitigation grants in the amount of Nine
Hundred Sixty -Two Thousand Dollars ($962,000) which shall be considered
a part of DFG's apportionment of the total PROJECT costs. Should
the actual total of mitigation grants collected be less than the
anticipated amount, thereby reducing DFG's apportionment below
that anticipated in the IN -BAY AGREEMENT, collections from the other
PARTIES shall be reduced accordingly in conformance with the IN -BAY
AGREEMENT and the scope of the PROJECT shall be reduced as directed
by DFG.
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b. Assemble bidding documents in such a manner as to permit accounting
for funds expended on PROJECT.
c. Advertise for bids.
d. Provide contract administration, design engineering, and construction
engineering for the PROJECT.
e. Furnish DFG final cost estimate for PROJECT based on actual bid
results.
f. Furnish DFG reproducible "As Constructed" plans of the PROJECT; and
file a Notice of Completion for the PROEJCT after final acceptance
of the work.
g. Prepare final report for the PROJECT.
h. Be responsible for all costs of design engineering, construction
engineering, construction, and administration not included in the
PROJECT portion of the bidding documents or identified herein as the
responsibility of DFG.
4. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
a. DFG's deposit to CITY in the amount of One Million Seven Hundred
Thousand Dollars ($1,700,000) shall be made within thirty days after
approval of PROJECT design and specifications by the State Public
Works Board.
b. If bid prices exceed available funds for the PROJECT, the quantity
of material to be excavated shall be reduced so that the amount of
the awarded contract plus allowances for design engineering, con-
struction engineering, administration, and contingencies does not
exceed the available funds.
c. CITY shall make monthly progress payments to contractor for PROJECT
construction items completed. CITY will hold all deposits and
4of7
mitigation grants collected hereunder in a separate account to which
shall be credited all interest earned. CITY will maintain a complete
and accurate record of all expenditures made from said account,
including identification of the recipients and the purposes therefor,
and will provide DFG with a general bimonthly report on the status
of the account. A detailed accounting will be included in the PROJECT
final report from CITY to DFG. Upon completion of the PROJECT and
payment of all PROJECT costs, CITY shall promptly return to all
PARTIES their proportionate share of any funds remaining in the
account.
d. CITY shall retain the records described in 4c above during the term
of this Agreement and for the three-year period immediately there-
after unless earlier informed in writing by DFG that the records may
be disposed of; and during such period shall make the records
available to DFG for review during normal business hours upon
reasonable notice that DFG desires such a review.
e. DFG and CITY will complete the environmental assessments as required
by the California Environmental Quality Act of 1970.
f. During construction CITY shall assign a qualified inspector who shall
be charged with overall contract administration and who shall assure
that construction is accomplished in accordance with the plans and
specifications. The work, however, shall be subject at all times to
inspection by authorized representatives of both parties.
g. Change orders will require written approval from DFG. In case of
urgency, however, verbal approval by the authorized representative
of DFG, noted in paragraph le above, shall be provided with written
approval to follow.
5 of 7
h. CITY shall file a Notice of Completion for PROJECT after final
acceptance of the work.
i. DFG shall, insofar as it may legally do so, indemnify and hold
harmless CITY and its officers and employees, from any damage
or liability arising from any errors, omissions, or negligence
in DFG's performance of this Agreement.
j. CITY shall, insofar as it may legally do so, indemnify and hold
harmless DFG and its officers and employees, from any damage or
liability arising from any errors, omissions or negligence in
CITY's performance of this Agreement.
k. Any equipment purchased by CITY with funds provided by DFG under
this Agreement shall be promptly reported to DFG and shall be the
property of DFG during the customary depreciable life thereof.
Should this Agreement be terminated for any reason, or upon its
expiration, all such equipment shall promptly be returned to DFG.
For the purposes of this Agreement, equipment shall be defined as
all moveable articles of nonexpendable property which has:
(1) a normal useful life, including extended life due to repairs,
or two years or more; (2) an identity which does not changes with
use, i.e., it is not consumed by use or converted by fabrication
into some other form of property; and (3) an approximate unit cost
of One Hundred Fifty Dollars ($150.00) or more.
1. This Agreement may be amended by mutual written consent of the
parties hereto.
m. Unless extended by written amendment,the term of this Agreement
shall commence September 1, 1984 and continue through December
31, 1986.
6 of 7
n. The attached Nondiscrimination Clause (OCP -1) pertains to this
Agreement and is hereby made a part hereof, with all references
to "contractor" understood to mean CITY.
IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on
the day and year first above written,
APPROVES AS TO FORM
Ftorney of/City of Newport Beach
ATTEST:
City Cl-erk
CITY OF NEWPORT BEACH
/;?/y- a_/c Zt�
CALIFORNIA DEPARTMENT OF FISH AND GAME
By WC3 [�,,n ()
fpPepartment of General Sirvices
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NONDISCRIMINATION CLAUSE
(OCP - 1)
1, During the performance of this contract, contractor and its
subcontractors shall not unlawfully discriminate against any
employee or applicant for employment because of race, reli-
gion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age (over 40) or sex.
Contractors and subcontractors shall insure that the evalua-
tion and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and
subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section 12900
et seg,) and the applicable regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285,0 et
seq,). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 129901
set forth in Chapter 5 of Division 4 of Title 2 of the Cali-
fornia Administrative Code are incorporated into this contract
by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement,
2. This contractor shall include the nondiscrimination and com-
pliance provisions of this clause in all subcontracts to perform
work under the contract.
STD. 97A (NEW 5-83)
84/85 C-737
AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME, THE
CITY OF NEWPORT BEACH, THE CITY OF IRVINE, THE COUNTY OF ORANGE, THE ORANGE
COUNTY HARBORS, BEACHES AND PARKS DISTRICT, AND THE IRVINE COMPANY FOR
RESTORATION AND CONSTRUCTION AND MAINTENANCE OF SEDIMENT CONTROL FACILITIES
IN UPPER NEWPORT BAY IN FURTHERANCE OF THE NEWPORT BAY WATERSHED -SAN DIEGO
CREEK COMPREHENSIVE STORMWATER SEDIMENTATION CONTROL PLAN
This AGREEMENT entered into this day of wzZ� 1984 is
made by and between the State of California, acting through its Department
of Fish and Game, hereinafter referred to as "State"; the City of Newport
Beach, hereinafter referred to as "Newport Beach"; the City of Irvine,
hereinafter referred to as "Irvine"; the County of Orange, hereinafter
referred to as "County"; the Orange County Harbors, Beaches and Parks
District, hereinafter referred to as "District"; and The Irvine Company.
The six entities are hereinafter sometimes jointly referred to as the
"Parties".
WITNESSETH
WHEREAS, Newport Bay is located entirely within Newport Beach, and the
environmental and scenic values of the Bay are important attributes of the
City, providing fisheries, navigation, recreation, birdwatching, and other
amenities related to a coastal salt -water wetland environment accessible to
a large urban and suburban population; and
WHEREAS, State owns and operates the Upper Newport Bay Ecological Reserve,
hereinafter referred to as "Reserve", comprising the upstream portion of
Upper Newport Bay, and is responsible for master planning, development,
operation, and maintenance of the Reserve; and
- 1 -
WHEREAS, the State of California has granted tidelands within Upper Newport
Bay to County and Newport Beach for public uses including navigation and
recreation; and
WHEREAS, the sedimentation of Newport Bay threatens to impair the
1. navigation, fish and wildlife, recreation, scenic and water quality values
of the Bay, to the detriment of Newport Bay and the surrounding community;
and
WHEREAS, the jurisdictions of Irvine, Newport Beach and County include
portions of the watershed tributary to Newport Bay, and administer
ordinances related to control of erosion and sedimentation; and
WHEREAS, District and Newport Beach operate boating and recreational
facilities in Newport Bay that will be adversely affected by continued
sedimentation; and
WHEREAS, The Irvine Company owns extensive land holdings in the watershed,
including agricultural land and construction sites, and is willing to
participate in the construction and maintenance of sediment control
facilities in Upper Newport Bay; and
WHEREAS, the Parties share a concern for the protection and maintenance of
the Bay as a high quality environmental resource; and
WHEREAS, the sediment affecting Newport Bay originates from natural open
space land as well as from land disturbed by man for agriculture and urban
uses; and
- 2 -
WHEREAS, Newport Beach and Irvine have previously entered into an agreement
with the Southern California Association of Governments to conduct studies
to achieve three objectives:
1. To develop an Early Action Plan, hereinafter referred to as
"EAP", for Upper Newport Bay and San Diego Creek which could
be implemented to begin controlling sediment while the studies
continued.
2. To analyze the causes, nature, and extent of the sedimentation
problems adversely affecting Upper Newport Bay.
3. To develop a Comprehensive Stormwater Sedimentation Control Plan;
and
WHEREAS, the EAP proposal was implemented and consists of two in -channel
basins excavated in San Diego Creek upstream of Jamboree Road and an
excavated basin in Upper Newport Bay below Jamboree Road; and
WHEREAS, Newport Beach, Irvine, The Irvine Company, County, Orange County
Flood Control District and State have contributed toward the construction of
the EAP facilities, County is operating, administering and maintaining the
two existing in -channel basins in San Diego Creek constructed as part of the
EAP, and State is operating, administering, and maintaining the excavated
basin below Jamboree Road in Upper Newport Bay constructed as part of the
EAP; and
WHEREAS, the analysis of the causes, nature, and extent of the sedimentation
problem has been completed and information on the sources and amounts of
sediment is now available so that a sedimentation control program can be
implemented; and
- 3 -
WHEREAS, the Newport Bay Watershed -San Diego Creek Comprehensive Stormwater
Sedimentation Control Plan, hereinafter referred to as "Sedimentation
Control Plan", has been completed; and
WHEREAS, the recommended facilities phase of the Sedimentation Control Plan
includes building additional in -channel facilities in San Diego Creek and
additional sediment control facilities below Jamboree Road; and
WHEREAS, it is anticipated that a separate agreement will be executed for
the construction of additional in -channel facilities in San Diego Creek; and
WHEREAS, the other elements of the Sedimentation Control Plan along with
additional in -channel facilities and additional sediment control facilities
in the Bay below Jamboree Road comprise an economical plan for reducing the
further sedimentation of the Bay; and
WHEREAS, the Parties recognize the need for a Management Plan for the
Reserve which incorporates a Sediment Control Element along with enhancement
of the Bay and other features necessary for the Reserve. This Agreement is
intended to implement only the sediment control facilities as shown on
Exhibit A attached hereto and hereinafter called "Sediment Control
Facilities"; and
WHEREAS, the Parties wish to join together to accomplish the construction,
operation, and maintenance of the Sediment Control Facilities; and
WHEREAS, the proposed Sediment Control Facilities will restore and enhance
fish and wildlife values in the Bay.
- 4 -
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated, the respective Parties hereto do agree as
follows:
Section 1. Definitions.
Capital Outlay: That portion of the budget devoted to the designt,and
construction of Sediment Control Facilities.
Local Funds: Funds provided by Newport. Beach, Irvine, County, District, and
The Irvine Company, as distinguished from State funds, grant funds, and
other financial support.
Maintenance: Work required to restore the Sediment Control Facilities to
their as -built capacity and condition, including periodic removal of
sediment and repair of damage.
Management Plan: A plan for the Reserve which incorporates but is not
limited to the facilities required for sediment management in Upper Newport
Bay as shown on Exhibit A.
Phased Implementation Program: The scheduling of the construction and
maintenance of the Sediment Control Facilities over a sufficient period of
time to obtain State funding, grant funding and other outside funding, to
the extent possible and to allow the Parties to plan and budget their
financial contributions.
Sediment Control Facilities: The Sediment Control Facilities contemplated
in this Agreement are shown on the attached Exhibit A which by this
reference is made a part of the Agreement. The Sediment Control Facilities
- 5 -
as shown on Exhibit A include a plan for construction, cost estimates, a
Phased Implementation Program, and an operations plan. The Sediment Control
Facilities are divided into two units which are defined as Unit I and Unit
II on Exhibit A. They may not be changed without the written approval of
all Parties. They are deemed to be those facilities that will substantially
control the fine sediments which will not be trapped by the in -channel
facilities in San Diego Creek.
Sedimentation Control Plan: The study prepared for Newport Beach, Irvine,
and the Southern California Association of Governments entitled, "The
Newport Bay Watershed: San Diego Creek Comprehensive Stormwater
Sedimentation Control Plan", August 1983 by Boyle Engineering Corporation.
Section 2. Purpose. This Agreement is made for the purpose of
constructing the Sediment Control Facilities, and providing a permanent
mechanism for operating and maintaining them.
Section 3. Management Plan. The State is developing a
Management Plan for the Reserve which incorporates a Sediment Element which
will include the Sediment Control Facilities attached as Exhibit A.
Since State owns the Reserve and is fully responsible for its development
and operation, State will be Lead Agency in compliance with the California
Environmental Quality Act. Since it is the intent of this Agreement that
the other Parties provide financial assistance to State toward the
construction, operation, and maintenance of the Sediment, Control Facilities,
State has consulted with the other Parties in developing the Sediment
Control Facilities, and will not adopt or later modify those portions of the
- 6 -
Management Plan without the written concurrence of all the other Parties.
With termination of this Agreement State will be free to modify the
Management Plan without prior approval of the other Parties.
State will bear the cost of the development of the Management Plan and will
process all environmental documents, obtain all permits, conduct all
hearings, and secure all approvals required. The other Parties will assist
State in the development and public processing of an acceptable Management
Plan and Sediment Element, to the extent resources are available to the
other Parties as they shall determine in their sole discretion.
Section 4. Eligible Facilities. Sediment Control Facilities as
shown on Exhibit A are eligible for financing of project administration,
construction and maintenance under this Agreement.
Section 5. Executive Committee. This Agreement will be
administered by the Executive Committee provided for in the agreement
entitled COOPERATIVE AGREEMENT SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED,
dated September 30, 1983. It is the intent of the Parties to recognize that
the County representative to the Executive Committee shall represent the
County and the District. The Executive Committee shall meet as necessary,
and in accordance with the objectives of Section 14, but at least once every
six months. The Executive Committee shall make recommendations to the
Parties toward accomplishment of the objectives of this Agreement; approve
budget recommendations to the Parties for capital outlay, operation and
maintenance, contract administration; provide communications among the
Parties; evaluate policy options; develop strategy; implement decisions; and
monitor performance. The Executive Committee may appoint subcommittees as
needed.
- 7 -
Section 6. Phased Implementation Program. The Phased
Implementation Program incorporated in Exhibit A is adopted by the Parties.
The Phased Implementation Plan shows the construction of Unit I of the
Sediment Control Facilities as first priority work to be initiated within
eighteen months from the signing of this Agreement. Unit II of the Sediment
Control Facilities is shown as work to be carried out over several years
following completion of Unit I. The Executive Committee will review the
Phased Implementation Program each year. The Phased Implementation Program
shall be adjusted as necessary to reflect progress made in implementation,
availability of funding, and the funding requirements for maintenance work;
however, in any event it is the Parties' objective that the construction of
both units of the Sediment Control Facilities shall be completed within ten
years after its original approval.
Section 7. Financing for the Construction and Maintenance of
Units I and II.
(a) Unit I. It is agreed that upon execution of this Agreement
each Party will fund in its 1984-1985 fiscal year budget or otherwise make
available in the 1983-1984 or 1984-1985 fiscal year its apportionment of the
construction of Unit I as set forth in Section 8 and deposit its
apportionment by October 1, 1984 with the Party administering the project.
(b) Unit H. It is agreed that the budgeting and depositing of
funds for the construction of Unit II will take place through the routine
annual process described in Section 14. The Parties agree to undertake in
good faith to finance their apportionments for the construction of Unit II
as set forth in Section 9. The final determination as to the availability
of funds shall be in the sole determination of.the Party in question.
WM
(c) Maintenance. It is agreed that the budgeting and depositing
of funds for the maintenance of Unit I and Unit II will take place as
described in Section 14 and in accordance with the apportionments set forth
in Section 10. The final determination as to the availability of funds
shall be in the sole determination of the Party in question.
Section 8. Distribution of Costs for Construction of Unit I
of the Sediment Control Facilities. The Parties agree that the cost of
constructing Unit I of the Sediment Control Facilities will be apportioned
as follows and that the cost of construction includes all the costs for
project documents, administration, engineering, approvals, rights of way,
and inspections:
Party Apportionment
State $2,662,000
The Irvine Company 623,325
Newport Beach 124,310
District 118,990
Irvine 11,170
County 7,992
Total $3,547,787
Should the funds available for Unit I from State within eighteen months of
the signing of this Agreement be less than $2,662,000 as shown above, Unit I
will be reduced in scope to meet the available funds and the Local Funds
contribution for Unit I will be reduced proportionately and a new exhibit to
be called Exhibit B showing the new scope, costs, and schedules of Unit I
and Unit II, will be developed immediately by State and submitted for
- 9 -
approval by each of the Parties. When approved by all of the Parties,
Exhibit B will be attached to this Agreement and replace, for the purposes
of this Agreement, Exhibit A. Should portions of the State funds identified
in this Section be made available at different times, Unit I may be
'
subdivided into more than one project and each of the Parties will pay their
share in the same proportion as shown above.
Section 9. Distribution of Costs for Construction of Unit II
of the Sediment Control Facilities. The Parties agree that the cost of
constructing Unit II of the Sediment Control Facilities, to the extent they
are not covered by Federal funds, will be apportioned as follows:
Party Percentage
State 75.00
The Irvine Company 17.58
Newport Beach 3.51
District 3.36
County 0.23
Irvine 0.32
100.00
It is understood that State funds include all State appropriations or
grants.
Section 10. Distribution of Costs for Maintenance of Unit I
and Unit II. The Parties agree that the cost for maintaining Units I and
II, to the extent that they are not covered by Federal funds, will be
apportioned as follows:
- 10 -
Party Percentage
State 75.00
The Irvine Company 17.58
Newport Beach 3.51
District 3.36
County 0.23
Irvine 0.32
100.00
Section 11. Adjustment of Apportionments. The percentages set
forth in Section 9 and Section 10 may be adjusted by unanimous vote of the
Parties. Any Party requesting an adjustment must submit information
supporting the need to reapportion the distribution of costs set forth in
Section 9 and Section 10 based on new information being provided or change
of conditions. It is agreed that adjustments in the type and extent of land
use and jurisdictional boundary changes will be among the bases for the
adjustment of percentages in Section 9 and Section 10.
Section 12. Reimbursement of Party's Advances. An advance
contribution of $8,680.26 has been made by The Irvine Company to facilitate
hiring experts to assist the State in developing Exhibit A. These funds are
to be credited to The Irvine Company's share of the first project to be
built. Should additional advances be proposed by any Party and approved by
the Executive Committee they will be credited to the contributing Party's
contribution for the next project.
Section 13. Contract Administration. The following applies to
contract administration for construction or operation and maintenance of
projects:
(a) The Executive Committee will designate one of the public
agency Parties to administer the project or projects approved.
Administering a project includes arranging for the preparation of project
documents including but not limited to soils analyses, surveys, plans,
specifications, bid documents, approvals, rights of way, development of
agreements between the Parties as required, collecting and disburting funds
and other administrative functions normally associated with public works
projects. The cost of project documents is eligible for financing under
this agreement provided that such costs are in the approved Executive
Committee budget. All Parties will be consulted in the development of
project documents. When bids have been opened, if the lowest responsible
bids for the projects exceed the amount budgeted, the public agency Party
administering the projects will not award contracts without deposit of the
necessary additional local funds by each Party in proportion to its
percentage. Should all such deposits not materialize the administering
public agency Party may with the approval of the Executive Committee proceed
with a contract at a reduced level, may arrange for other Parties to
voluntarily contribute the deficiency, or may terminate the project.
(b) Prior to advertising any contract for construction or
maintenance of Sediment Control Facilities, the public agency Party
administering the project will enter into agreements as required and collect
the contributions from the other Parties. State will accomplish the advance
of its share through a joint powers agreement with the public agency Party
administering the project. State procedures prevent such a transfer of
funds to private parties.
(c) Upon completion and acceptance of each contract the public
agency Party administering the contract will render a final accounting. If
- 12 -
the cost is less than the amount on deposit, the Party will issue a refund
to the other Parties on a pro rata basis in relation to their original
contribution.
(d) The public agency Party administering the project will
maintain complete and accurate records for the term of the project and three
years thereafter and make them available to any of the other Parties for
audit. The Party's necessary and reasonable administrative costs for
administration of the project shall be reimbursable under this Agreement and
shall be budgeted as part of the project costs.
Section 14. Budgeting. The following provides the objectives for
the annual budgeting for construction of Unit II and operation and/or
maintenance:
By March 1, or as soon thereafter as possible, State will identify a project
or projects to be implemented (capital outlay or operation and maintenance)
in the fiscal year commencing approximately sixteen (16) months later and
for the year thereafter based upon the Phased Implementation Program. State
will present an analysis of funding requirements to*the Executive Committee
including the estimated cost of the proposed projects for both years,
estimated grant funding, estimated funding to be provided by the Parties,
and estimated contributions of the Parties.
By April 1, or as soon thereafter as possible, State will request a budget
meeting of the Executive Committee and present a budget recommendation.
Adoption of the budget will require the unanimous approval of the Executive
Committee. The Executive Committee will recommend the budget to the Parties
and designate a Party(ies) to administer the project(s) for both fiscal
years.
- 13 -
By August 1, upon approval of the budget by the Executive Committee, State
will present a statement to each Party indicating the Party's contribution
toward funding the project budget for the following fiscal year.
By October 1 of the fiscal year in which construction is proposed, the Party
administering the project will collect from each Party its share of the cost
of the project.
Payment of any Party to the Party administering any project shall be subject
to the provisions of Section 7.
Section 15. State, Grant and Other Financial Support. State
will be the Lead Agency for State, grant and other financial support
applications. The other Parties will support the lead agency's efforts in
preparing applications and in encouraging favorable consideration of the
applications by funding agencies at their own expense. It is contemplated
by the Parties that substantial financial assistance in the construction,
operation, and maintenance of approved Sediment Control Facilities will be
forthcoming.
Section 16. Term. The term of this Agreement shall commence
upon approval and execution of this document by each and every Party and
shall continue for so long as is necessary to carry out the purposes of this
Agreement but not to exceed ten years from date signed. It may be extended
beyond ten years upon written unanimous approval of the Parties.
Section 17. Termination and Amendment.
(a) This Agreement may be terminated or amended at any time
by the unanimous consent of the Parties, or as.otherwise provided herein,
- 14 -
except that no termination or amendment may be made which is contrary to any
contract and/or grant agreement entered into by Party(ies) for the purposes
approved by the Executive Committee or with any other Department or branch
of the State or with the United States of America or any other outside
source of funds for the purpose of implementing this Agreement.
(b) Subject to Section 17(a), the failure of the Executive
Committee to adopt a budget as provided in Section 14 shall terminate this
Agreement, unless the Executive Committee has concluded that no funds are
needed in the ensuing Fiscal Year for capital outlay, operation and
maintenance, and Administrative Costs.
(c) This Agreement may be suspended for one or more years by
Unanimous vote of the Executive Committee should any Party not be able to
contribute its share of the funds and if the other Parties do not wish to
assume the unmet contribution. At the time any suspension is agreed to, the
length of time of the suspension will also be agreed to and the Executive
Committee shall be responsible for reinitiating its functions as described
herein following the suspension period.
Section 18. Additional Parties. Additional entities may
become parties to this Agreement with the unanimous consent of the Parties.
Section 19. Liability. It is mutually understood and agreed
that merely by virtue of entering this Agreement each Party neither
relinquishes liability for its own actions nor assumes liability for the
actions of the other Parties. It is the intent of the Parties that the
liability, if any, of each Party shall remain the same while this Agreement
is in force as it would be without the Agreement. This Agreement represents
- 15 -
a cooperative effort to accomplish the construction of an important public
project. It is based upon compromise taking into account the benefits to
and interests and responsibilities of the Parties. Neither the Agreement
itself, nor any provision herein, shall constitute an admission or be used
by any person as evidence of liability of any kind against any of the
Parties.
The public agency Parties designated to administer the projects will require
each and every contractor involved with the project to obtain and to
maintain throughout the term of their contract, the following insurance
policies:
1. Comprehensive General' Liability including
Completed Operations, Comprehensive Automobile
Liability, and Contractual Liability . $1,000,000
Combined Single
Limit
2. Workers' Compensation and Employers' Liability Statutory Limit
Each insurance policy required by the contract shall contain the following
three clauses:
1. "This insurance shall not be cancelled, limited in scope of
coverage or non -renewed until after thirty (30) days written
notice has been given to all Parties."
2. "It is agreed that any insurance maintained by the Parties will
apply in excess of, and not contribute with, insurance provided by
this policy."
- 16 -
` 3. "As respects operation of the named insured performed on behalf of
the Parties, the following are added as insureds: State of
California Department of Fish and Game, County of Orange, Orange
County Harbors, Beaches and Parks District, City of Newport Beach,
City of Irvine, and The Irvine Company."
The Party administering shall have the contractor agree to deposit with
them, at or before the effective date of the contract, certificates of
insurance necessary to satisfy the insurance provisions, and to keep such
insurance and certificates therefor on deposit with Party during the entire
term of the contract.
Section 20. Availability of Funds. The obligation of each
Party is subject to the availability of funds appropriated for this purpose,
and nothing herein shall be construed as obligating the Parties to expend or
as involving the Parties in any contract or other obligation for the future
payment or, money in excess of appropriations authorized by law.
Section 21. National Labor Relations Board Certification. In
signing this agreement, each Party certifies under penalty of perjury that
no, or that no more than one final unappealable finding of contempt of court
by a Federal court has been issued against that Party within the immediately
preceding two-year period because of the Party's failure to comply with an
order of a Federal court which orders the Party to comply with an order of
the National Labor Relations Board.
Section 22. Nondiscrimination. During the performance of
this Agreement, the Parties shall not unlawfully discriminate against any
- 17 -
employee or applicant for employment because of race, religion, color,
national origin, ancestry, physical handicap, medical condition, marital
status, age (over 40) or sex. The Parties shall insure that the evaluation
and treatment of their employees and applicants for employment are free of
such discrimination. The Parties shall comply with the provisions of the
Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and
the applicable regulations promulgated thereunder (California Administrative
Code, Title 2, Section 1285.0 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code, Section
12990, set forth in Chapter 5 of Division 4 of Title 2 of the California
Administrative Code are incorporated into this Agreement by reference and
made a part hereof as if set forth in full. The Parties shall give written
notice of their obligations under this section to labor organizations with
which they have a collective bargaining or other agreement.
The Parties designated to administer the projects shall include the
non-discrimination and compliance provisions of this section in all
contracts to perform work related to the project.
- 18 -
IN WITNESS WHEREOF, the Parties hereto bhave executed y certify th-,.lt a'l othis
ns for xemption ser
forth in Sic re r. -..i .'ire• A:-:-:uci :at;on 120'9 have
Agreement the day and year first above written. b view mpihi ;a D With
imenijio7Ss danceent is exempt from
STATE OF CALIFORNIA
Dated: 'JUN 2 81984 1984 By
CITY OF NEWPORT BEACH
Dated: "/ (/ ,1984 By
16:2�
I Aty C e 4r
CITY OF IRVINE
Dated: -Q-- ,1984
ATTEST:
C i ty CA 1 exv,
APPRO D AS TO FORM:
i t ttor ey o ewport eac
BY
ayor �
n
APPROVED/AS/TU t UKm:
hey pif irvi ne
EORM
_J Ices
Uepai"t1;1en;.
of
APP iC-� V E.0
AuG 10198
ORIGINAL SIGNED
By Ei.17_AM-TH-'Y05T
Chief 'W", Dircrhor
- 19 -
COUNTY OF ORANGE and ORANGE
COUNTY HARBORS, BEACHES AND PARKS
DISTRICT
Dated: ,1984
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA Dr. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
THE IRVINE COMPANY
Dated: �— �g ,1984
APPROVED AS TO FORM:
's
Attorney he Irvine Com
s
Lnairman oT the boara OT Supervisors
�&q 0-•• - 13 7
d -'-fix '�- - 2 - ?,/
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
- 20 -
Exhibit "A"
Upper Newport Bay Sediment Control Facilities
This Exhibit identifies the Sediment Control Facilities (Table 1) to
be constructed as part of the Upper Newport Bay Enhancement Program
(Figure 1). These facilities are designed to localize the deposition
of fine sediments delivered from San Diego Creek. At the same time
they will provide benefits to the fish and wildlife resources of the
Upper Newport Bay Ecological Reserve.
The construction of the Sediment Control Facilities is phased in two
units (Tables 2 and 3). Implementation of both units will be required
to provide efficient sediment capture and protect the wildlife values
=` of the Bay.
Following construction of Units I and II periodic maintenance will be
required to maintain the efficiency of the system. Maintenance
operations will be instituted when the average invert elevation of
either the saltworks basin or the "Narrows" channel reach -1.0 MLLW
(-4.0 MSL). This elevation has been selected as the trigger for
initiating maintenance operations to insure the preservation of fish
and wildlife values associated with lower intertidal and subtidal
elevations. At this elevation, the saltworks basin will have a
capacity of 150,000 cu. yds. while the "Narrows" channel will have a
capacity of 130,000 cu. yds. _
Maintenance dredging may not be required more often than once every
five years. This is an estimate based upon projections contained in
the 208 Sediment Source and Delivery Analysis prepared by Boyle
Engineering. With installation of three additional upstream
facilities the Boyle report indicates that approximately 50,000 cu. yds.
of sediment will be delivered to the bay on an average annual basis.
If the in -bay facilities were 100% effective, maintenance would be
required every five years. Boyle though has calculated that the
saltworks basin is only 30% effective indicating that maintenance
would not be required more frequently than once every 7 to 10 years.
Periodic maintenance based upon the criteria outlined above may
require the removal of approximately 250,000 cu. yds. of material.
Based upon 1984 cost estimated for hydraulic dredging and ocean
disposal ($7.50/cu. yd.), this would require the expenditure.of
approximately $1,875,000. ,
Figure 3 provides a phased implementation schedule for construction
and maintenance of the Sediment Control Facilities.
Q
'1
Table 1
UNBER Sediment Management/Enhancement
Project; Quantity
and Cost Estimates*
Element
Cubic Yards
Rate
Cost
A.
Saltworks Improvements
A-1 Island Removal
41,000
$3.50
$ 143,000
A-2 Deepen basin to -4.0 MLLW
330,000
$5.00
$1,650,000
A-3 35+ acre expansion
290,000
$4.00
$1,162,000
661,000
$2,955,000
B.
Channel widening saltworks
--
- main dike; 500 feet wide
to -0.0 XLLW
100,000
$5.00
$ 500,000
C.
Subtidal Channel Main Dike
- Narrows: 500 feet wide to
_
-4.0 MLLW+
330,000
$7.50
$2,475,000
D.
Remove 1,000 foot section
of main dike
26.,000
$5.00
$ 130,000
E.
Down -bay dredging to provide
dredge access+
50,000
$7.50
$ 375,000
Project Totals
1,167,000
$6,435,000
*Costs based on 1984 estimates
+Yardage estimate may change following survey
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Table 2
Unit I Upper Newport Bay
Sediment Control Facilities*
Element Cubic Yards
A. Saltworks Improvements
A-1 Island Removal 41,000
A-2 Deepen basin to -4.0 MLLW 330,000
A-3 35+ acre expansion 290,000
661,000
C. Subtidal Channel -.main dike
to the Narrows and down bay
.dredging required for equipment
access 79,000
Total 740,000
*Costs based on 1984 estimates
11
Rate Cost
$3.50 $ 143,000
$5.00 $1,650,000-
$4.00 $1_,162,000
$2,955,000
$ 592,787
$3,547,787
r,
" Table 3
` Unit II Upper Newport Bay
Sediment Control Facilities*
Element Cubic Yards Cost
B. Widen channel between saltworks 100,000 $ 500,000
and main dike
C. Complete subtidal cannel
main dike - Narrows 251,000 $1,882,500
D. Main dike removal 26,000 $ 130,000
E. Down bay dredging to
provide dredge access as
necessary 50,000 $ 375,000
Total 427,000
$2,887,500
*Costs based on 1984 estimates T•
iCost and yardage estimate depends upon amount of material removed in
Unit I
2Cost and yardage may vary depending upon hydrographic survey and material
removed as part of Unit I
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01 - �-0-�)
COOPERATIVE AGREEMENT
SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED
THIS AGREEMENT is made and entered into this 30th day of
September , 1983, by and between the County of Orange, the City of
Irvine, the City of Newport Beach, the California Department of Fish and Game
and The Irvine Company.
W I T N E S S E T H
WHEREAS, the Cities of Newport Beach and Irvine have entered into a
cooperative agreement with the Southern California Association of Governments
for the development of a Comprehensive Storm Water Sedimentation Control Plan
for the San Diego Creek basin, hereafter referred to as "the Plan"; and,
WHEREAS, the Plan is nearing completion; and,
WHEREAS, the primary purpose of the Plan is to reduce sedimentation of
Newport Bay; and,
WHEREAS, the sediment affecting Newport Bay originates in natural
open space lands as well as lands disturbed by man for agricultural and urban
uses; and,
WHEREAS, if sedimentation of Newport Bay is not controlled, the State-
owned ecological preserve in upper Newport Bay may continue to be degraded and
large amount of sediment may be deposited in lower Newport Bay, thus impairing
the valuable small boat, commercial and recreational land uses; and,
WHEREAS, Land Management Practices are being implemented as recommended
in the Plan and should reduce erosion of agricultural lands and construction sites
resulting in reduction of sediment deposits in upper Newport Bay; and,
WHEREAS, the Cities of Irvine and Newport Beach in their agreement with
SCAG have agreed to assist SCAG in obtaining implementation commitments; and,
WHEREAS, the California Department of Fish and Game is charged with the
responsibility of maintaining the ecological preserve in upper Newport Bay; and
1 of 5
WHEREAS; the County of Orange has jurisdiction over construction
activities in the unincorporated area of the San Diego Creek basin and is
responsible for maintaining the dedicated portions of the major flood control
channels; and,
WHEREAS, the Cities of Irvine and Newport Beach have jurisdiction
over construction activities within most of the incorporated area of the San
Diego Creek basin; and,
WHEREAS, The Irvine Company is the owner of most of the agricultural
lands and owns most of the land upon which future construction activities will
occur and owns the lands on which the majority of the drainage channels in the
San Diego Creek watershed are located; and,
WHEREAS, the parties have limited resources with which to address the
implementation of the Comprehensive Storm Water Sedimentation Control Plan and
it is recognized that any effective implementation of the Plan will depend upon
availability of funding sources at the regional, state and federal levels; and,
WHEREAS, it is desirable to provide a forum of interested parties to
evaluate and assess progress toward implementation of the Plan;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
Section 1. Purpose. This Agreement is entered into for the purpose
of providing a forum to evaluate and assess progress toward implementing the
Comprehensive Storm Water Sedimentation Control Plan prepared for SCAG by the
Cities of Irvine and Newport Beach under the Federal 208 Water Quality Planning
Program, to formulate project implementing agreements for the elements of the
Plan, and to evaluate and assess the effectiveness of the various elements of
the Plan.
Section 2. Additional. Parties. It is recognized that there are other
parties within the watershed that have responsibilities for controlling sediment.
These parties include the Cities of Costa Mesa, Orange, Santa Ana, and Tustin,
the U. S. Department of Defense, and owners of large undeveloped parcels of land.
In order to expedite implementation of this Agreement, these other parties have
not been included. However, the parties hereto agree to request these other
2of5
parties to implement the Land Management Practices recommended in the Plan and
in addition, one or more of these other parties may be requested to participate
in future project implementing agreements.
Section 3. Amendment. This Agreement may be amended only with the
unanimous approval of all parties.
Section 4. Executive Committee. Each of the parties shall appoint
a member and an alternate to an Executive Committee. The members so appointed
shall elect a chairman to serve a two-year term. The Committee shall meet from
time to time upon the request of the chairman, but at least every six months.
The Executive Committee shall be responsible for reviewing and reporting to the
parties as to whether adequate and reasonable progress is being made in the
implementation of the Plan.
Section 5. The plan consists of the following elements and schedules:
Elements
A. Improve agricultural land
management practices
High erosion areas
Remaining areas
B. Improve construction
Land management practices
C. Install and maintain
in -channel basins
D. Install and maintain basins
in Upper Newport Bay
E. Channel Stabilization
Undeveloped areas:
As condition of development
Dedicated channels:
Inventory of deficiencies
Stabilization
F. Foothill basins
Incorporation into drainage
master plan
Construction
G. Monitoring
Cooperative agreement
Bay monitoring
Develop program
Implement
3 of 5
Schedule
Complete RCPs by 11/83
Implement by 11/84
Complete RCPs. by 11/84
Implement by 11/85
Grading Ord. Changes: By 9/84
Training Programs: Begin 1/84
Implementing Agreement: 7/84
Construction of Basins:
Begin 5/85
Complete by 1988.
Implementing Agreement: 7/84
Construction of Basins:
Begin 5/85
Complete by 1990
1/84
7/84
Begin 7/84
Complete 1988
As part of plan development
Concurrent with stabilization
of downstream channels
7/84
1/84
7/84
The parties hereto agree to use their best efforts to formulate
agreements to implement the Pian.
Section 6. Improve agricultural and construction land management
practices. The Cities of Irvine and Newport Beach and the County of Orange
shall consider adoption of programs and/or enforcement of ordinances within
each agency's jurisdiction sufficient to implement Elements A and B of the Plan.
The intent of these efforts shall be to require use of the most cost effective
measures for the management of sediment that is consistent with preservation of
upper Newport Bay, as set forth in the Plan.
Section 7. Project Implementation Agreements. Implementation of the
Plan elements shall be accomplished through Project Implementation Agreements.
These Agreements shall designate a lead agency an.d shall provide for funding the
anticipated construction and maintenance costs. The parties to this Agreement as
well as other parties in the watershed may be participants in these Project
Implementation Agreements.
Section 8. Termination. The term of this Agreement shall commence
upon the date when all parties have executed this document and shall continue
until three or more of the parties have withdraw n as provided in Section 10
below. In addition, this Agreement shall automatically terminate if after three
years the Project Implementation Agreements for Plan Elements C and D have not
been executed.
If this Agreement is terminated, then the parties hereto
agree to consider the formation or designation of an agency to attempt to carry
out the implementation of the Plan Elements set forth in Section 5.
Section 9. Grants. All parties shall use'their best efforts to aid
the lead agencies designated in Project Implementation Agreements to obtain
grants to fund construction and maintenance of the various projects. .
Section 10. Withdrawal of Parties. Any of the parties to this Agree-
ment may withdraw by giving written notice of withdrawal to the other parties
to this Agreement. The withdrawing party shall be responsible for financial
obligations hereunder only to the extent incurred and agreed to by the party
prior to the effective date of withdrawal. The balance of the parties shall
continue in the performance of the terms and conditions of this Agreement unless
and until the Agreement is terminated as provided in Section 8 above.
4of5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
COUNTY OF ORANGE,
a political subdivision
of the State of California
Dated:41�.Mj,-CA) 13—, 1983
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
o
C-1
Cthrk of the Board of Supervisors
of Orange County, California
CITY OF IRVINE
Dated: aI , 1983
ATTEST:
ty CjfiK
CITY OF NEWPORT BEACH
9bairman of their Board of Supervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By CLL -8
✓. 6,
By cc
Mayor
APPROVED,AS( TV FORM:
tjorney of/Irvine
/ •
rx—
ATTEST:"•'1 11 AS 1FORM:
mil---rA4 6&vma
City Clerk Cit� Attorney of 1!6 Beach
CALIFORNIA DEPARTMENT OF FISH
AND GAME
Dated:- SCS 1983
THE IRVINE COMPANY
Dated: A„Ql,st 23 , 1983
'
orne I vi ne• •.
By
Director
By �
P esident
By
5of5
Senior Vice President
NJ
.\ n
A G R E E M E N T
THIS AGREEMENT is made and entered into
thisc4 day of tr��c 1980, by and
between the CITY OF NEWPORT BEACH, a municipal corporation,
S hereinafter referred to as "NEWPORT BEACH," and the CITY OF
IRVINE, a municipal corporation, hereinafter referred to as
"IRVINE."
W I T N E S S E T H:
WHEREAS, NEWPORT BEACH and IRVINE have entered into a
Cooperative Agreement with the SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SLAG) to render certain professional and technical
services in regards to the San Diego Creek Storm Flow Sedimenta-
tion and Control Plan as described in Attachment "1" to the
Cooperative Agreement between SCAG and NEWPORT BEACH and IRVINE;
and
WHEREAS, said Cooperative Agreement provides that the
work will be performed jointly by Newport Beach and Irvine; and
WHEREAS, in an effort to coordinate the work between
NEWPORT BEACH and IRVINE, it has been determined that it will be
to the mutual benefit of both NEWPORT BEACH and IRVINE to set
forth their respective rights, obligations and duties under said
Cooperative Agreement,
NOW, `['HEREFORE, IT IS HEREBY AGREED as follows:
1. NEWPORT BEACH and IRVINE shall:
A. Provide "in-kind" contributions as required in
the SCAG Cooperative Agreement in amounts of
equal value. Each party shall maintain records
of its "in-kind" contributions as' required by
said Cooperative Agreement.
B. Jointly select all consultants to be employed
under this Agreement and the Cooperative
Agreement. Each party agrees to enter into one
or more contracts with consultant(s) consistent
herewith.
C. Jointly review the work prepared by the
consultant(s), on an ongoing basis, and in
compliance with the Cooperative Agreement.
Should any disputes arise regarding review of
the work prepared by the consultant(s), both
Page 2
parties shall meet and resolve disputes on a
mutually agreeble basis.
?. NEWPORT BEACH shall:
A. Receive and retain all funds disbursed by SCAG
pursuant to said Cooperative Agreement and make
disbursements to the contractor(s) as tasks are
performed, deemed satisfactory by both parties,
and accepted by both parties. A determination
of satisfactory completion of tasks shall be
approved in writing by each party and submitted
to the Newport Beach Planning staff member, as
designated by NEWPORT BEACH, for processing
payments to contractor.
B. Furnish IRVINE with copies of all receipts by
NEWPORT BEACH and disbursements by NEWPORT
BEACH under this Agreement.
C. Be primarily in charge of contract administra-
tion, but will consult with IRVINE on all
contract administration matters prior to making
determinations on contract administration.
D. Review each document presented by contractor(s)
under this Agreement to determine whether the
work product is acceptable to both IRVINE and
NEWPORT BEACH, and shall obtain the written
Page 3
approval of IRVINE as to such work product
Prior to such determination. If the work prod-
uct is acceptable, provide written acceptance
as provided in subparagraph 2A above. If not
acceptable, review the matter with IRVINE and
consultant(s) to determine what additional
work or modifications of work are needed to
make the work product mutually acceptable.
E. Indemnify and hold harmless IRVINE and its
officers and employees from any damage or
liability arising from any errors, omissions,
failure to provide "in-kind" contributions, or
negligence in IRVINE"s performance of this
Agreement.
3. IRVINE shall:
A. Review each document presented by contractor(s)
under this Agreement to determine whether the
work product is acceptable. If the work prod-
uct is acceptable, provide written acceptance
as provided in subparagraph 2A above. If not
acceptable, review the matter with NEWPORT
BEACH and consultant(s) to determine what
additional work or modifications of work are
Page 4
needed to make the work product mutually
acceptable.
B. Indemnify and hold harmless NEWPORT BEACH. and
its officers and employees from any damage or
liability arising from any errors, omissions,
failure to provide"in-kind" contributions, or
negligence in NEWPORT BEACH'S performance of
this Agreement.
4. The term of this Agreement shall run coterminously
with the Cooperative Agreement between SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS and CITY OF
NEWPORT BEACH and CITY OF IRVINE. This Agreement
may be terminated only upon the conditions as set
forth in the Cooperative Agreement between SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS and CITY OF
NEWPORT BEACH and CITY OF IRVINE, as referenced
above.
EXECUTED the day and year first above written.
CITY OF NEWPORT BEACH
A Municipal Corporation
z
Page 5
ATTEST:
City Clerky
APPROVED AS TO
ty �torney
ATTEST:
itv ark
APPROVED AS TO FORM:
City /Attorhey
CITY OF IRVINE
A Municipal Corporation
By
Mayor
Page 6
COOPERATIVE AGREEMENT BETth'EEN
SOUTHERN CALIFORNIA ASSOCIATION OF GOVE Q,I�MPAITS
AND
CITY Or P1E10ORT BEACH AND CITY OF I.R,'IiIE
THIS AGR'EEXEEN > entered into as of this P& day of Uc.+0�4-qp ,
19 0 by the City of Newport Beach and the City of Irvine herein called
the Agency; and the Southern California Association of Governments (herein
called SCAG), which agreement does hereby incorporate by reference the
contract(s) between SCAG and the United States o f America whereby this
project is funded,
WITNESSETH; THAT:
4;HEREAS,
SCAG desires to engage the Agency to rer -'leer certain technical or pro-
fessional services hereafter described in connection with an undertaking
which is to be financed in part by she Ervircn:ient^l PrctLection Agency:
NE IT;IER the United States nor the Environmental Protection Agency is a
party to this contract.
NO}s' THEREFORE: The parties hereto ,do mutually agree as fol 1 ours :
I. Er:ploy���ent of Agency. SCAG her agrees to engage the Agency
and the Agency hereby agrees to perfo —m :`'e services hereinafter set forth
in this contract.
2. Incorporation o. Federal Guidelines. The terms of all relevant-
Federal
elevantFederal and State grant provisions and guidelines, as preseTitly -,rritten
or as changed during the life of this agreement, bearing on this agreement
are hereby wholly incorporated by reference herein and made a hart of
this agreemient and take precedence over any inconsistent terms of this
agreernent .
3. Sco_oe of Services. The Agency shall do, perfo and carry out,
in a satSactory and piper manner, as determined by SChG, the services
i;,dicated in Appendix This obligation shall be contingent upon the
sinal ap-roval of such services by the Env ironm--2ntal Protection Agency
In the event any amendments are necessary, they shall be rade in
accordance with provision 17 of this Agreement.
A Data to be Furnished to Agency, Where available at SCAG, all
inforiflation, data, reports, records, and maps as are existing, available,
and necessary for the carrying cut of the work shall be furnished to the
agency without charge by SCAG. SCAG shall cooperate with the Aeency in
eye way possi5le in the carrying out the services set forth in this
a;ree;'ert.
all
5. Submission of Reports
a. All reports specified in Appendix A.II must` be submitted to
the SCAG 208 Program Manager for review by SCAG.
b. No final copy shall be prepared in farm for publication prior
to approval by SCAG.
c. Manuscripts produced by the Agency or SCAG shall be in
accordance with the United States Government Printing Office's t
Manual (available through the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402). The Agency, in typing the final
manuscript, shall be responsible for all corrections prior to acceptance
of the final manuscript. Proper credit will be given to sources through
commonly accepted methods of documentation such as footnotes or other
means. The Agency shall furnish a list of material referred to in the
preparation of reports. The authority on spelling and usage of words
shall be Webster's Third New International Dictionary Unabridqed.
d. Progress reports (per
attached
format)
including verbal
presentations shall be provided to
SCAG on
a monthly
basis. The SCAG
';08 Program f{,anagcr shall sit the time
and place
for
t��ese mEetings, as
described in the special provisions
to this
contract.
Based upon the
statement of progress provided to
SCAG any
findings
made by the SCAG
program manager indicating deviation
from the
Scope of
Services (Appendix
A) shall be outlined and given to the
Agency
at the meeting
for remedy.
e. Task outputs are deemed acceptable under the terms of
this cooperative agreement when submitted and approved by SCAG. Agency
shall be notified by SCAG of acceptance of the task outputs at the time of
the progress meeting. Unless otherwise advised in writing the Agency
shall continue work in accordance with schedule as contained in the Scope
of Services (Appendix A). Final approval of the task outputs shall be
provided in writing by SCAG.
6. Personnel.
a. The Agency represents that he has, or shall secure at his
own expense, all personnel required in performing the services under this
agreement. Such personnel shall not be employees of or have any con-
tractual relationship with SCAG.
b. All of the services required hereunder shall be performed by
the Agency or under- its supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized under State and local law
to perforrrr such services.
c. All personnel identified in Appendix A, I. to be listed by
Agency at time of agreement exer_ution, shall not be replaced by any other
persons except with the written notification of SCAG.
-2-
Evaluation, Selection and Approval of Third Party Contract
a. SCAG shall be permitted participation in the evaluation and
selection of any Third Party contractors, or any other Agency sub -contract
proposals, which are solicited to carry -out task assignments, or any
portion thereof, as approved herein, and specified in Appendix A (Score of
llork). None of the work or services covered by this agreement shall be
sub -contracted without the prior approval of SCAG and the appropriate
funding agency (as may be required).
b. The Agency shall prepare a Request For Proposal (hereinafter
referred to as RFP) for review by SCAG before distribution of the RFP
by the Agency to prospective consultant firms, individuals, or other
entities.
c. RFP's shall be sent to at least three (3) prospective
clients. Minority-owned consultant firms should have maximum opportunity
to compete for Agency sub -contracts.
d. Evaluation of Proposals by Agency shall be conducted in
accordance with a Selection Criteria format, as approved by SCAG.
e. Sole Source contract arrangement will be evaluated and
approved by SCAG, subject to any special provisions attached hereto.
f. Agency shall prepare the appropriate federal Price Analysis
ferns (EPA 5700-1) (copy attached) and make this sub -contract cost alloca-
tion and burden rate documentation a part of the proposed contract
submitted to SCAG for review and approval.
g. Agency shall submit with the proposed contract documentation
the RFP process and criteria used for selection of the consultant
(sub -contractor) firm, individual or entity.
h. The Participant shall comply with Federal Office of !ianage-
rent and Budget Circular A-102 "Uniform Administrative Requirements for
Grants -In -Aid to State and Local Governments" Attachment 0, "Standards
Governing State and Local Grantee Procurement", the Federal Highway
Administration Contract Directive FHPM 1-7-2, and other applicable federal
directives in establishing procedures for the procure..-ent of services,
sipplies or equipment.
2. Time of Performance. The services of the Agency are to commence
cS SOCn as practicable after the execution Of the agrement and small be
,:ndertaken and completed in such sequence as to assure its expeditious
coc,pletion in light of the purposes of this agreement, but in any event
all of the services required herein shall be completed not later than
September 30, 1922.
Co,-,,,�)ensation. SCAG agrees to pay the Agency an am,-.unt not to
xr�er �317,Li00 for thQ above services. It is expressly and{erstco.i and
agreed that said sum constitutes the "maximum" compensation for the
services required in Appendix A.
-3-
10. iMet'iod of Pa '-lent Reiwbur se lent Requi remner ' l -�; r g
- -- � --- � --1—_— n_�s_, i n per, or.•,� �3 �i-��
tad=s se; forth i n Appendix A, I I . , Work Tas�:s to be l,ccamal i shed, the
Agency may incur costs set forth by work tasks in the budget attached
hereto, labeled Appendix A,III, Budget, and incorporated herein by this
reference. Said costs (hereinafter referred to as eligible costs) shall
be the only costs for which Agency shall have the right to reimbursement
by SCAG hereunder. Agency may incur said eligible costs up to a maximum
of $217,00o. Payment shall be made according to the following:
a. The participant shall submit to SCAG, attention Finance
Officer, a Request for Payment and Progress Report in narrative format
not later than 15 days following the end of each calendar quarter. The
participant has the option to submit a monthly Request for Payment. A
full narrative Progress Report must accompany the Request for Payment. In
addition, a monthly Progress Report will be submitted per paragraph 5d.
b. Pursuant to Federal Management Circular 74-4, Attachment A,
Agency shall prepare and submit to SCAG for approval prior to the first
requisition for payment a plan for the allocation of costs which is
required to support the distribution of indirect overhead related to
the Scope of Services under this agreement. Such cost allocation plan,
once approved by SCAG, will become attached to this agreement and shall
be available for audit purposes.
c. All costs charged to this agreement by Agency shall be
supported by properly executed payrolls, time records, invoices, and
vouchers, evidencing in proper detail the nature and propriety of the
charges, and shall be costs allowable as determined by Federal i?anage-
ment Circular 74-4 and Code of Federal Regulations, Title 41 (Public
Contracts and Property Management) Part 1-15 Contract Cost Principles and
Procedures, Subpart 1-15.7 Grants and Contracts with State and Local
Governments.
d. Agency shall establish and maintain a separate account within
its existing accounting system specifically for and limited to all
fiscal activities required to perform the services under this agreement.
Agency's accounting system shall cc ply with the regulations and standards
of the Cost Accounting Standards Board. Al accounting records shall
readily provide a breakdown of costs charged to this contract. Such
records, together with supporting documents, shall be kept separate from
other documents and records shall be kept available for inspection by SCAG
and other authorized agencies during the period of performance of the
ac.rea ent , and for four years thereafter.
e. In the event that any of the expenses for which SCAG re-
imburses the Agency are later disallowed by the Environmental Protection
Agency, pursuant to paragraph 31, Examination of Records/Audits, Agency
expressly agrees to reimburse SCAG an amount equal to that disallowed.
SCAG agrees to assert any appeal for a disallowed expense on behalf of
Agency.
IBM
f. Agency is hereby expressly put on notice ;gat no employee of
SCAG has authority to authorize in ►•cr i ti ng or o::herti'-; se any additional
wark which ►•could increase the cost . of this agrees►ent w ; thout the written
approval of the SCAG Executive Committee.
g. As expeditiously as possible, SCAG shall pay Agency the re-
imbursable portion of total eligible costs. Said reimbursable portion
shall be calculated by subtracting "from the total eligible requisitioned
costs 10% for project retention purposes." SCAG shall ray Agency the 100%,
which has been withheld when the agreement has been ccmpleted to SCAG's
satisfaction in accordance with the terms of the agreement, and upon
requisition for final. payment.
K The agency agrees to perform additional work in support of
the 203 continuing planning program having a cost of not less than
$165,000. Said costs shall not be reimbursable and shall constitute an
in-kind contribution. The agency shall provide to SCAG within 30 calendar
days following the execution of this agreement by both parties, a descrip-
tion, budget, and schedule for the work to be perfor,ed as an in-kind
contribution. All in-kind contributions shall meet the criteria set forth
in the Federal Management Circular 74-7 Attachment F dated 9/13/74, and
s`rall be consistent with the adopted FY 197900 O;dP for :he 208 Continuing
Planning Program.
Reports on progress of such work including both description of work
completed and a statement of costs incurred shall be included as part of
the progress reports required in section 10 of this agreement.
11. Hold Harmless. The Agency and SCAG agree to hold each other
mutually harmless from and on account of any and all liability, whether
property damage or personal injury, arising from each party's negligent
perfo w-ance of this agreement.
12. Acceptance. Acceptance of the terms of this rgreemient shall be
by the signing of this agreement in the space provided by the respective
parties and their counsel.
13. Rebudgetinq of Funds. Pro; ;pt notification by ;agency and co,n-
currance by SCAG of all rebudgeting in excess of $1,000 is required. Such
notification may be accomplished by submission of a revised copy of the
b..;deet fcr..s. Approval of minor adjustments to an apprcved budget is not
re qui red. A minor adjustment ;ri 1 1 constitute reallocation of the dollar
s,_71 of $1,000 or less.
14. Prohibiti_on_A ainst Contincent Fees. The Agency warrants that
n Terson or coripany has Leen employed or retained to solicit or secure
this contract upon an agreement or understanding for a co�-,i���ission, per-
centage, brokerage, or contingent fee, excepting bona fide employees; nor
has the Agency paid or agreed to pay any person, coTpany, corporation,
?ndividual or firm, other than a bona fide employee, any fee, coma -mission,
rl ,�?On, don t?On, percentage, gift, or any other considn4tion,
upon or resulting frOM Ward of this n- ne:lent. For any
tr3a nh or violation of this provision, SCAG Gr the Environ; ental Protec-
Dn ' ency shall have the right to tenni nate this Agreement without
liabilit�� and, at his discretion, to deduct fro:-! t.!:e ;=, ree:.,er.t price, or
Wheinv ise recover, the full amount of such fee, ca3mi ss i on, percentage,
gift or consideration and any other damages, and shall be responsible for
reporting the details of such breach or violation to the proper legal
authorities, where and when appropriate.
15. Termination of Agreement for Cause. If, through any cause the
Agency or SCAG shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the Agency or SCAG violates any of
the covenants, agreements, or stipulations of this agreement,, either party
shall thereupon have the right to terminate this agreement by giving
written notice to the Agency of such termination and specifying the
effective data thereof. In that event, all finished or unfinished docu-
ments, data, studies, surveys, drawings, maps, models, photographs,
reports or other materials prepared by the Agency under this agreement
shall, at the option of SCAG, become SCAG's property, and the Agency shall
be entitled to receive just and equitable compensation for any satisfac-
tory work completed on such documents and other materials. No such
termination may be effected unless the agency is given (1) not less than
ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate and (2) an opportunity for
consultation with the terminated party prior to terminai.ion.
Notwithstanding
the
above, the Agency shall not be
relieved of liability
to SCAG for damages
sustained by SCAG by virtue
of any breach of the
contract by the
Agency, and SCAG may withhold any
pa -,-rents to the Agency
for the purpose
of
setoff until such time as the
exact amount of damage
✓
due to SCAG from
the
Agency is determined.
16. Termination of Convenience of SCAG. SCAG ,;;ay terminate this
agree, ent at any time by giving written notice to the Agency of such
termination and specifying the effective date thereof. No such termina-
tion may be effected unless the agency is given (1) not less than ten (10)
calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate and (2) an opportunity for consultation
with the terminated party prior to termination. In that event, all
finished or unfinished documents and other materials as described in
Appendix A, at the option of SCAG, become its property. If the agreement
is terminated by SCAG as provided herein, the Agency shall be paid
an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Agency
covered by this agreement less payments of compOsation previously
made. Provided however, that if less than sixty (60) percent of the
services covered by this agreement have been performed upon the effective
date of such terFiination, the Agency shall be reimbursed (in addition to
ohe above payment) for the portion of the actual out-of-pocket expenses
(riot otherwise reimbursed under this agreement) incurred by the Agency
during the agreement period which are directly attributable to the un-
completed portion of the portion of the services covered by this agree -
I f this contract is terminated due to the fault of the Agency,
r:h 15 tiere�)f relative to termination shall apply.
-6-
17. Agreement Changes. SCAG may, from time to tir:.e, require
cha;iges i'1 h' sCO;e Of the services of the Agency to be perfor,, ed herein.
Such changes, including any increase or decrease in the amount, of the
Agency's compensation, which are mutually agreed upon by and beti•reen
SCAG, the Environmental Protection Agency, and the Agency, shall be
incorporated in written amendments to this agreement. No oral under-
standing or agreement not incorporated herein shall be binding on any of
the parties hereto. Amendments inconsistent with the provisions and
intent of this Agreement may not be utilized.
18. Equal Employment OpportuniityNondiscrimination.
a. In connection with the execution of this agreement, the
Agency shall not discriminate directly or indirectly against any employee
or applicant for emplo ��ent because of race, color, religion, sex, or
national origin. The Agency shall take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
fcrms of compensation; and selection of training. including apprentice-
ship. The Agency agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the pro-
visions of the Equal Opportunity clause.
b. The Agency shall, in all solicitations or advertisements for
e .ployees placed by or on behalf of the Agency, state that all qualified
applicants shall receive consideration for employment without regard to
race, color, religion, sex, or national origin.
c. The Agency shall send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
agreement or understanding, a notice advising the labor union or r;orr;ers
representative of the Agency's comiitments under this Equal Opportunity.
clause, and shall post copies of the notice in a conspicuous place avail-
able to employees and applicants for employment. -
d. The Agency shall comply with all provisions of Executive
Order No. 11246 of September 24, 1965, as amended and of the rules;
regulations, and .relevant order of the Secretary of Labor.
f. In the event of the Agency's non-coripliance with the Equal
pity clause of this agreement or any of the said rules, regula-
Vo. -,s, or orders, this agreement may be cancelled, terminated, or sus -
0d, in whole or in part, and the Sency may be declared ineligible for
-7-,
e. The
Agency shall furnish all
information
and reports
ru ;aired
by Executive
Order No. 11246 of September
24, 1965
as amended,
and by the rules,
regulations, and orders of the
Secretary
of Labor, or
pursuant
thereto,
and shall permit access to
his books,
records, and
accounts
by SCAG
and the Secretary of Labor
for purposes
of investi-
gation to
ascertain
compliance with such rules,
regulations,
and orders.
f. In the event of the Agency's non-coripliance with the Equal
pity clause of this agreement or any of the said rules, regula-
Vo. -,s, or orders, this agreement may be cancelled, terminated, or sus -
0d, in whole or in part, and the Sency may be declared ineligible for
-7-,
further goverrlile!lt co!ltracts in accordance with pru-educes authorized in
Executive Order Pio. 11246 of September 24, 1965 as a,:,enc�ed, and such other
not:,c.ns ,;im
,ay be posed and remedies involved as provided in Executive
Order N'o. 112.46 of September 24, 1965 as amended, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
g. The Agency shall incl ude the provisions rof unless aragraphs (by
through (g) in every subcontract or purchase
rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order No. 11246 of September 24, 1965 as amended,
so that such provisions will be binding upon each subcontract or vendor.
��- respect The Agency shall take such action with respe.t to any subcontract or
purchase order as SCAG may direct as a means of enforcing such tprraovis ot in ns,
including sanctions for noncompliance.
oPr�sithdreahen threatened litigation
he
event the Agency becomes
with a subcontractor or vendor as a result of such direction by SCAG, the
Agency may request the United States to enter into such litigation to
protect the interests of the United States.
19. Affirmative Action for handicapped Workers
a. The Agency will not discriminate against any employee or
applicant for employment because of physical or mental handicap in regard
to any pto mployosition for which the employee or applicant for employment is
qualified. The Agency agrees totake affirmativ? Gn icaactiond endivd-
advance in employment and othendse seat qualified ppm
uals without discrimination based upon their physical ormentalhandicap
in all enpl oyment practices such as the pfollowing: layoff r�`}'tor �tearagnation,
demotion or transfer, recruitment, advertising,
rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
b. The Agency agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act. (29
USC 706)
c. In the event of the Agency's noncompliance with the require -
me m s cf this clause, actions for noncompliance nay be taken in accordance
with the rules, regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
d. The Agency agrees to post in conspicuous places, available
to employees and applicants for employment, notifies in a form to be
prescribed by the Director, provided by or through the Agency. Such
notices shall stare the Agency's obligation under the law to take a firm
ani'+'2 action t0 employ and advance in emp o lent qualified handicapped
r-m,,1cyees and applicants for employment, and the rights o. applicants and
e�:nloyees.
e. The Agency will notify each labor union or representative of
s •rith which it has a collective sbboundnbyg therte,rr.'�sVor of Seothon
,pct understanding,
that the Agency
--0-
I
5C3 of the RehabiI itat ion Act of 1973, and is co:,':, ;tted to tali;e affirr a-
tive act ion to Icy and advance in FempIoyment p1hysicaI ly arid mentally
handic<apj%ed irid i vidu•1 s.
f. The Agency will include the provisions of this clause in
every subcontract or purchase order of $2,500 or ;.;ore unless exempt by
rules, regulations, or orders of the Secretary issued pursuant to Section
503 of Act, so that such provisions will be binding upon each subcontrac-
tor or vendor. The Agency will take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs may direct to enforce such provisions,
including action for noncompliance.
20. Civil Rights. During the performance of Appendix A, Scope of
Services of this agreement, the Agency shall co;-nply with Title 49, Code of
Federal Regulations, Part 21, promulgated to effectuate Title VI of the
Civil Rights Act of 1954, which is made a part of this agreement by
reference. The act of filing a comr•plaint pursuant to paragraphs 13, 19 or
20 shall not of itself constitute a violation of this agreement, Only
after the completion of any litigation regarding any complaint filed shall
actions of this agreement be affected.
21. Political Activity. No
portion of
the fur:ds received by the
Agency under thi s agreement shal 1
be used for any
pol i tical
activity or to
further the election or defeat of
any candidate
for public
office.
22. Prohibited Interest. During his tenure and for one year
thereafter, no officer, memier, or employee of SCAG and no mo ber of a
local governing body shall have any interest, direct or indirect, in this
cr.ntract or the proceeds thereof.
23. r•ssicnability. The Agency shall not assicn aiy interest in this
agreement, and shall not transfer any interest in the sane (whe'ther by
assign,:�ent or innovation), without the prior written consent of SCAG.
24. interest of Agency.
The Agency agrees that he
presently has
no interest and hall not acquire any interest, direct and
indirect, which
could conflict
in any manner
or degree with the
of services
required to be
perfor,ed under this agreement. The ;-,gency
further agrees
that in the performance
of
this agreement no person having any such
interest shall
be employed.
25. Re sports i bi l ity for Cl aimsn ., l_i abi 1 i ty. The Agency shall save
SC ;G, the environ nta1 pi_-otection 'agency, or zny governner,t agency from
all claims and liability due to his neglige,it acts or the negligent acts
r,
of his subcontractors, agents, or emipioyees.
25_ Interest of Members of or Del_e_Qate_S tC_CC5�,reSS. No'ie'mber of or
uel.
eate to the Congress of the Unites States of America, and no Resident
Co ,- issionz-_,r, shall be ad;ritted to any share or part o; this agree,-nent or
`�, •nef; _ ari s ina therefrom.
I
27. Disclosure of Information. SCAG has the rie,it to reveal infor-
..ation concerninghis project in comaliance With the rreedo r of Infor;na-
tion Act, 5 USC 552. if the Agency desires that certain infon,ation not
be disclosed to others, the Agency must insure that at the time the
information is first received by SCAG it is accompanied by a clear and
prominently written claim, consisting of a cover sheet, stamp, type of
legend or other suitable form of notice on (or attached to) the docu,lent
or other record containing the information, employing such language
as "trade secret", "confidential," or "proprietary." Where only one or
more portions of a submission are claimed to be entitled to nondisclosure,
each such portion shall be identified. Information received by SCAG which
is not accompanied by a claim in accordance with the above stated regula-
tion may be made available to the public without prior notice to the
Agency.
28. Identification of Documents. All reports, maps, and other
documents completed as a part of this agreement, other than documents
exclusively for internal use within SCAG, shall carry the following
notation on the front cover or a title page, (or in the case of maps, in
the same block) containing the name of SCAG:
The preparation of this report, map, document, etc. , was
financed in part through a Planning Grant zR009200-01-0 from
the United States Environmental Protection Agency, under the
provisions of Section 203 of the Federal 1,%ater Pollution Control
Act of 1972, as amended, together with the date (month and year)
the document was prepared and the name of the municipality,
metropolitan area, or other planning area concerned.,
29. Copyri olit. The Agency shall be free to copyright material
developed under the agreement with the provision that the (name of funding
agency) and SCAG reserve a royalty -free, non-exclusive and irrevocable
license to reproduce, publish, or other -mise use, and to authorize others
to use, the work for government purposes. The Ager;cy is subject to the
duties of agency relating to rights in data and copyrights as set forth in
40 CFR 30.530. If this agreement involves experimental research or
demonstration work, the Agency is subject to the duties of agency relating
to rights to inventions and patents contained in 40 CFR 30.515.
30. Notice of Assistance Regarding Patent and Co�yriehts Infringe-
-----
^r,t. The Agency agrees to report to SCI'•G, and na7.e of funding agency
ro;:ptly and in reasonable written detail, each notice or claim of patent
or ccpyri' ht in.ng,>ment based on the performance of this agree,:,eiit of
, ich the Agency has knowledge. In the event of any claim or- suit against
SCAG or Environ,rntal Protection Agency on account of any alleged patent
cr cCpyri ht infringement arising out of the perfori. =nce of this agreement
or out of the use of any supplies furnished or work or services perfor-med
hereundier, the Agency agrees to furnish to SC. G and Environriental Protec-
tion Agency, wh?n requested by SCAG and Environmientail Protection Agency
W
all evidence and information in possession of the agency pertaining to
scch sui e cr clai-Ii.
such evidence Gnd gni or,,,GL1ori sf,al l be , urni shed at
the expense of SCAG and Environmental Protection Agency except where the
Agency has agreed to indemnify SCAG and Environmental Protection Agency.
31. Audits. At any time during normal business hours, and as often
as SCAG, Environmental Protection Agency, the Comptroller General of the
United States or Department of Labor may deem necessary, the Agency small
make available for examination all of its records with respect to all
matters covered by this contract for purposes of audit, examination, or to
make copies or transcripts of such records, including, but not limited to
contracts, invoices, material, payrolls, personnel records, conditions 0-if
employ:ient and other data relating to all matters covered by this agree-
ment. Such records and access to facilities and premises shall be made
available during the period of performance of this agreement, and for four
years thereafter.
The Participant shall comply with the Federal Office of Vianagement and
Budget Circular A-102, "Uniform Administrative Requirements for Grants in
Aid to State and Local Governments", Attachment P, "Audit Requirements,"
and direct the performance of an independent audit that encompasses the
financial statements and compliance requirements pertaining to this
agreement. The independent audit shall be perforaed by a licensed or
certified public accountant.
The audit shall be perfo oed in accordance with the General Ac-
counting Offices 1) Standards for Audit of Govern���ental Organization,
Programs, Activities and Functions", and 2) "Guidelines for Financial
and Compliance Audits of Federally Assisted Programs".
The independent audit shall encompass, when applicable, an examina-
tion of subcontractor(s) financial state�ents to determine whether: a)
financial operations are conducted properly, b) the financial statements
are presented fairly; and c) the organization has complied with law's and
regulations affecting the expenditure of Federal Funds. The cost of the
independent audit shall be made a part of the charces to this agreement.
l'he independent audit report shall be sjbmitted to SCAG not later than
October 1, 1981.
32. Small and Minority Business Enterprise. In connection with the
perfor-r ince of this agree„ent, elle ,r;ger,cy r> > 1 cooperate with SCAG in
meeting its com i tri eats and goals \•,lth regard to the maximum utilization
of small and minority business enterprises and will use its best efforts
to insure that small and minority business enterprises shall have the
r;"�:cticable opportunity to compete for subcontr"cct w'al'k under this
agr: _.. Enz -
34. Disputes_. Except as otherwise provided in this agreement , any
`e concern i:i• a uestion of fact ahs ung under this agreement N h ich
Cis;�..•_�_ � n-..g q
is net disposed of by mutual agreement shall be decided by a court of
co;r!p=-t ent. jurisdiction.
35. Noncompliance. In addition to such other remedies as provided
1 w, i l i_he event Or noncompi i nce �f i th any grant COQ � i i l O l Or S OC+ 1C
ty ofgreem:�nt this agree-cnt may be te,.iinated.
-11-
35. Clean_ Air Act and Federal ter Pollution. _enc, nest co.: ply
`_ —� Fe..e r a-1 nater Pollution
to he Clean ;i r he �42 USC 1Qu? -) �n the '6'a
ter
EtCL (33 USC 1251).
37. Noti_ce. Any notice or notices required or pernitt.ed to be
given pursuant to this agreement may be personally served on the other
party by the party giving such notice, or may be served by certified mail,
return receipt requested, to the follDwing addresses:
Director of Programming and Evaluation
Southern California Association of Governments
600 South Commonwealth Avenue., Suite 1000
Los Angeles, California 90005
-12-
IN WITNESS W.-IIE-PEOF -the Southern California Association of Governments
L
and, the Agency have executed this agree -pent as of '�he date first above
Written.
Agency
By
rIf[lvaCG 10,
TTY ArIORNEY
By
Southern California
Association of Governments
/,�'
BY
r_�2N'i%QAn E)ny-_Mayor W. 0. Ackermann, Jr.
4.V 7 m
Director of Proqra.rin,,ning Evaluation
tyl6),f Newport Beach Mayor
APPRZOVED AS TO FORM
it k")
Daic!*
C1 -YT QU FY
City cis.rk e
ATTEST:
a Xnc Vy4
City of Irvine
_ it!
Citv - erk
ATTEST-..
a
APPROVED AS TO LEGA;.AND LEGAL ADEQUACY
06" C-9�___ki
Attorney for SCAG
-13-
C. C'_! E C• n l sirT n
i 7;;5r)
LJ
.� 4, T JC.•. .. J...L
K. CL,: .,`. t: :.s r:C4i :,'! n4r) I,•i S'CPC OD
L'DSiS i0 Gig
i C• . 1 1, i w
nt ,yuI l-/ 11 V Iill.
S ecial Provisions
1. Task/Contract Manager: The City of Irvine and City of Newport
beach shall assign one contract manager to this work. This person
shall be a registered Civil Engineer in the State of California,
with academic training and at minimum 5 -years of experience in
professional engineering with experience in flood control and/or
sedimentation control engineering.
2. Technical Review Compittee: An outside "experts" technical
review committee shall be established to assist in the review of
technical work products. This committee shall be composed of
specialists who have the following expertise: engineering and flood
control hydrology, sedimentation engineering, erosion processes,
geomorphologic, processes, sedimentation processes in salt marshes,
sediment delivery, flood control engineering, soil, protection and
watershed treatment and biological/ecological sciences in tidal
wetlands. The Technical Review Committee shall be directed by the
SCAG 208 Project Manager and the City's designated Task Manager.
3. Public Partici_pation: Public participation assistance sha:l be
provided to aument SCAG's overall 208 Public Participation program.
A local advisory committee shall be formed and staffed by the Cities
of Newport Beach and Irvine. This committee shall be composed and
operated consistent with Federal Regulations on Public Participation.
4. It is understood and agreed -by the parties -hereto that work on task
8015.01/8115.01 Newport. -Bay Watershed: San Dieao Creek Comprehensive
Stormr,rater Sedimentation Control Pan, has occurred prior to the date
of this agreement h cT_was necessary and reasonable for proper and
efficient accomplishment of the above cited task, and that such work
shall be reimbursable pursuant to Section 10 of this agreement. Such
charges, which are consistent With the terms of this agreement, and
which are incurred on or after April 4, 1980, are eligible for
reimbursement.
5. The City of Irvine and City of Newport Beach shall assign one agency
as the lead agency for handling Reimbursement Requirements and
requisitions for payment.
6. Upon receipt of comments the reports shall be addended "and finalized
and submitted to SCAG to reflect any necessary changes within fifteen
working days after the receipt of the corrsnents .
7. SCAG acceptance of final reports and products is contingent upon
satisfactory resolution between the Federal/State oversight committee,
SCAG and Participating Agencies of outstanding issues and comments
raised by the Federal/State oversight committee.
Appendix A.I.
AGENCY NAME
PERSONNEL ASSIGNED TO
THIS CONTRACT
City of Irvine and 1.
City of Newport Beach 2.
3.
4.
5.
6.
7.
8.
Appendix A.II
Scope of Work
Appendix MI
Scope of Services
SCAG FY 80 OWP and SC,4G FY 81 OWP
Task._ 8015.01/8115.01 Newport Bay Watershed: San Diego Creek Comprehensive
Stormwater Sedimentation Control Plan
Time Schedule:
Part I:
SUBTASK I -A
I -B
I -C
I -D
This task is divided into three parts: I:. Early Action
and Interim Plan, II: Sedimentation Analysis, and III:
Comprehensive Stormflow Sedimentation Control Plan.
Parts I and ITA are funded under the FY 79/80 OWP. Parts
IIB -IIF and III and are funded under the FY 80/81 OWP.
The overall time schedule for these tasks is (from start
of work):
Part I: September 4, 1980 - December 15, 1980
Part II: December 15, 1980 - August 17, 1981
Part III: July 21, 1981 - April 29, 1983
Early Action and Interim Plan
Schedule
Feasibility Investigation of Alternatives 9/04/80 - 10/31/80
Develop Early Action and Interim Plan 10/15/80 - 12/15/80
Environmental Impact Assessment/ Report 10/15/80 - 12/15/80
Secure Implementation Commitments 11/15/80 - 12/31/80
Part II: Sedimentation Anal s�is - (Also to be used to -
evaluate the effectiveness of alternatives in Part III)
SUBTASK II -A Hydrologic Analysis
II -B Geomorphologic Analysis
II -C Sediment Source Analysis
II -D Sediment Delivery Analysis
II -E Sediment Transport, Deposition and
Scour in Newport Bay
II -F General Audience Report (Summary)
Part III: Comprehensive Stormflow Sedimentation
Control Plan
SUBTASK III -A Development and Performance Analysis of
of Alternatives
III -B Cost Analysis of Alternatives
III -C Institutional/Financial Analysis of
Alternatives
III -D Environmental Assessment of Alternatives
III -E Technical Review of Subtasks III -A thru D
III -F Draft Report on Alternatives
III
-G Public Review of Alternatives
III -H Review Comments, Prepare Responses and
Document
III -I Prepare Recommended Plan and Environmental
12/15/80 -
2/16/81
12/15/80 -
4/20/81
12/15/80 -
4/20/81
12/15/80 -
6/15/81
4/20/81 -
.7/21/81
7/21/81 - 8/17/81
7/21/81 - 1/11/82
10/05/81 - 1/11/82
2/02/81 -
1/11/82
2/02/81 -
1/11/82
1/12/82 -
3/08/82
3/09/82 -
4/12/82
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6/14/82
6/15/82 - 7/13/82
Documentation 7/14/82 - 10/11/82
III -J Assist in Securing Implementation Commitmentsl/04/83 - 4/29/83
A-1
Overall Objectives: This task has three overall obiectives. They are:
1. To develop ars early action and interim sedimentation control plan
for Upper Newport Bay and San Diego Creek and its tributaries which
can be approved for implementation in December 1980 and implemented
in the ensuing months of 1981 prior to the onset of the 1981/82
rainy season.
2. To analyze and characterize the causes, nature, and extent of the
sedimentation problems adversely affecting Upper Newport Bay.
3. To develop a comprehensive watershed erosion and stormflow sediment
control plan, with emphasis on a downstream desilting system along
San Diego Creek that can be impUmented* in the near --term.
Methodology: Acceptable flood control engineering, hydrologic and sedimenta-
tion engineering techniques shall be utilized in the conduct of this work.
A study team shall be formed and composed of persons with expertise in
the following.scientific and engineering fields: (1) sediment yield and
sediment -flow mechanics, (2) soils, soil erosion and soil conservation,
(3) geomorphology, (4) flow and sedimentation mechanics in coastal
estuaries, (5) flood control engineering and desilting basin technology
for stormflows, (6) flood hydrology and frequency analysis, (7) chemical_
and physical properties of sediment in stormflows and coastal waters, (8)
engineering economics, (9) wetland and freshwater biology, and (10)
nuisance control in sedimentation basins (mosquito, flies, odors, algae,
and other nuisance abatement).
Description of Work: The following is a description of required work, outputs
and estimated level of effort for the three parts and their subtas ks,
necessary to accomplish the objectives of this contract. The area covered
under this work is the.San Diego Creek drainage basin and Newport Bay.
A-2
Task./P oduct
escriptiCi;
Part I:
Cities of Newport
Beach and Irvine
Early Action and Interim Con, Plan
This task shall be conducted, at minimum, bjr
accomplishing the following work:
TASK I -A:. Investigate the feasibility of and estimate
the effectiveness of the following sedimenta-
tion control measures for implementation as
part of an Early Action and Interim Control
Plan: (1) drop structures and/or other in -
stream sediment control devices along
San Diego Creek and its tributaries, (2)
use of a portion of the proposed sediment
desilting site located between MacArthur
Boulevard and Jamboree Road at San Diego
Creek, (3) clearing of accumulated sediments
in Upper Newport Bay, (4) clearing of
accumulated sediments in the San Diego Creek
channel, (5) construction of diversion works
t- deflect the San Diego Creek flow and dike
structures to contain sediments in the old
salt evaporation works area or portion
thereof, and (6) other possible alternatives.
Output: Technical memoranda describing results of
task I -A. Thirty copies of this memoranda
shall be submitted -to the cities and SCAG.
TASK I -B: Based upon the investigation conducted*in (1)
prepare an engineering report that describes a
staged interim and/or early action plan that can
be implemented before the on -set of the '1981/82
rainy season (stage 1) and before the 1982/83
rainy season (stage 2) which provides sedimenta-
tion control for Newport Bay within implementa-
tion funding and time constraints. The stage
2 plan shall be re-evaluated based upon the
results of Parts II and III of this scope of
services, and modified as necessary. The
relative impact on existing habitat in the
Ecological Reserve will be a major consideration
In the final selection of the interim/early
action plan. The plan is to be developed in
conjunction with the interagency engineering
committee formed under the County of Orange
District 5 supervisorial office. The purpose
of said committee is to investigate feasible
desilting facilities/sites that can be constructed
in the near-term utilizing a grant to the City
of Newport Beach from the State Water Resources
Control Board. Proposition 2 State Assistance
Program. This task would (1) prepare the
engineering project report describing feasible
engineering alternatives, costs estimates, time
(Rev. 11/25/80)
A-3
Sched-ul e
9/04/80-10/31/80
Draft:10/15/80
Final :12/15/80
10/15/80-
12/15/80
control 7`'acllittes, and J
Prepare a report of other interim/earIv action
sedime- ition controls. The Cities 11
provid,-- CO the consultant a list of available
funds and the consultant shall then devise a
Proposed method for financing the reconriended
plan.
0«tnut:
An engineering project report for task I -B.
Thirty copies of a draft
Draft:ll/1/80
report and 100 copies
of the final report shall be prepared and P
Final:12/15/80
submitted to SCAG.
TA -_.S C
The Cities/contractor shall prepare any necessary
environmental assessment
10/15/80
_
for the recommended `�
interim/early action plan. Such
assessment(s)
shall be in the form of an environmental impact
report pursuant to CEQA requirements. SLAG, as
the lead 208
agency, will have responsibility
for processing the necessary environmental
documentation for the 208 Plan Amendment. The
Cities,
as appropriate to their jurisdiction,
shall
prepare any additional and necessary
environmental documentation for the
recommended
interim/early action plan.
Ou�ut:
'Environmental Documents pertinent to the
recommended in task I --B, project'
Final: 12/15/80
TAS_K _I - D:
The Cities shall secure implementing agency
approvals and commitments to complete the
implementation
of the plan with technical
assistance as needed to be provided by the
consultants.
Output:
Management agency agreements committing the
appropriate agencies to implementation
12/31/80
of
the recommended plan.
PART II:
Sedimentation Analysis
This task would analyze the sedimentation
problem in the Bay and its watershed.
Specifically, five major areas of analysis
are required: (1) hydrologic, (2) recent
,
geomorphologic (formational process), (3)
sediment sources, (4) sediment delivery, and
(5) sediment transport, deposition
and scour
in Newport Bay. Since the recognition of the
sedimentation
problem in -Upper Newport Bay,
no definitive scientific investigation of the
sedimentation problem has been undertaken.
The intent -of this task is to commission a
team of recognized experts in each of the
required analytical areas who will prepare an
authoritative analysis of the problem,
relying upon existing data and procuring
additional data where necessary and funds
permitting.
(Rev, 11/25/80) A-4
TASK 1-A: H drologic Analysis. This task would (1) provide a 12/15/80
data sum, •,ry and statistical analysis r-' historical 2/16/81
streamfi and precipitation records, � -, develop
appropriate dra i nZ.ge maps, (3) provide a frequency
analysis of stormfiow events utilizing the SCS TR -20
model for the 10 -year, 25 -year, 50 -year and 100 -year
recurrence interval stormfiows for appropriate design
storms for foothill canyons, major tributaries and at
the San Diego Creek at Campus Drive gauging station as
necessary to perform the fluvial analysis and sedi-
mentation control effectiveness evaluation of Parts II
and III of this scope of services, and (4) calculate
channel flow capacities at different sections of the
system.
Output
This task shall be conducted, at minimum, by
accomplishing the following work:
1. Compile existing data
a. Historical precipitation and streamflow
data available through the OCEMA and USES.
b. Precipitation and streamflow data available
through other sources (Catalog available
through the State Department of Water
Resources and NOAA).
c. Prepare drainage basin map at 1" = 20001,
showing all principal drainages, reaches,
lengths, slopes and appropriate cross
sections and profiles.
d. Flood Plain Insurance studies, flood plain
studies of the U. S. Corps of Engineers.
e. Other appropriate data.
2. Develop frequency versus peak Q relationships
for measured gauging stations.
3. Utilizing the SCS TR -20 Hydrologic computer
program calculate peak flood flows and flood
hydrographs as required for the different
return periods and projected land uses, at the
selected sites.
4. Calculate channel flow capacities at relevant
sections of the system.
Technical memorandum documenting study including: 2/16/81
1. Summary of runoff gauging station records.
2. Runoff frequency relationships at gauging
stations for 10,25,50', 100 --year and standard
project flood stormflows.
3. Peak flood flows and hydrographs for required
concentration points for the required return
periods and projected land use.
4. Channel flow capacities, as needed for the
project.
(Rev. 11/2.5/80) A-5
Task/Product
Descri r� ti on Cities of Newport Beach and I rvi ne;SCAG Schedul e
TASK 11-B: ueomorphologic Anal sis. This task Would 1.2/15/80
provide a d�scriiption of the formational 4/20/81
history of the Upper Newport Bay area and
its watershed. This task would also
estimate the characteristics of sediment
production under historical conditions and
areas of sediment deposition. Historical
conditions to be investigated include
pre -settlement, pre -1890, and major cultural
development stages that affected sedimenta-
tion in Upper Newport Bay. This task shall
be conducted, at minimum, by accomplishing
the following work:
I. Compile Available Data
a. Geological reports and records; soils
data, including boring data in Upper
Newport Bay and area (U. C. Irvine,
others) .
b. Historical topographic maps,
especially early editions of USGS
quadrangle maps.
c. Historical aerial photographs.
d. Historical land use development
records.
e. Previous drainage district records.
f. Other records and data.
2. Summarize the formational history of the
Upper Newport Bay area and its watershed
Both the geologic evolution which resulted in
the formation of the bay and the significant
devel opirients which influenced the sedimenta-
tion processes into and within the bay would be
described by utilizing the following steps:
a. Research geologic records and reports to
ascertain the geologic history of the bay.
b. Identify recent geological setting of the
bay.
(Rev. 11/25/80) A�5
(Rev
output:
Scheciul e
c. ident-I y the general land use characteristics
of the watershed from the arrival of European
culture that may have impacted the sedimenta-
tion processes in the bay.
3. Estimate the characteristics of sediment
production under pristine natural conditions
in the San Diego Creek Watershed.
From existing data and information gained from
previous steps, an estimate of the probable
effects that large scale human developments
have had on sediment yield and delivery to
Newport Bay. The following steps would be used
to accomplish this:
a. From existing topographic maps, especially
early editions of-USGS quadrangle maps,
and aerial photographs, identify the
natural drainage patterns for San Diego
Creek prior to alteration by man.
b. Based on probable native -vegetation, soil
maps, and surficial geology estimate
sediment erosion and depositional areas
within the natural flowpath of San Diego
Creek.
c. Estimate the general characteristics of
the natural sediment production rates
using regional data and applicable local
data.
d. Evaluate using where'possible existing
information, the sedimentation impact on
Upper Newport Bay and effects of tidal
mixing on fine grain sediment deposition.
4. Evaluate the effect of land use change and
channelization on sediment production and
deposition in Upper Newport Bay.
!• Development map and description of the
evolution of (1) land use of the San Diego 4/20/81
Creek watershed and (2) Upper Newport Bay
watershed basin change (size and location).
2. General sediment delivery analysis describing
the changes in the sediment production
process and depositional areas in the water-
shed and to the bay.
3. Technical memorandum describing the formational
history -of the bay, including maps and historical
photographs, as available.
11/25/80)
A-7
4.
Hyd, iraphic map showing flow pati of the
San Aego Creek watershed and historicalmaps/photographs
showing the change in the
hydrographye
5.
Watershed map showing natural depositional
areas for historical sediment production.
6,
Quantification of sediment budget under
natural conditions.
7.
Maps and descriptions showing quantity of
sedimentation in Upper Newport Bay, including
particle size distribution. Tabulation of
available Quality data as sediments.
TASK II -C:
Sediment Source Analysis - Existing and
Pro3ecte is task would estimate the
se�7c i'ment production rates from the major
sediment source areas (foothills, unstable
channels, agricultural areas, urban areas
and construction sites) in the watershed for
year 1980, 1990, 2000 and ultimate land use
for the 10, 25, 50 and 100 -year recurrence
interval stormflows for the 1 -hour, 6 -hour
and 24-hour duration storms. The task
would also evaluate the effects of flooding
on valley erosion processes (i.e., across
agricultural, urban and other lands) and
provide an estimate of the sediment
characteristics (i.e. particle size, etc.)
from the different source areas under the
various hydrologic conditions. This task
shall be accomplished, at minimum., by
conducting the following work:
1.
Compile existing data
a. Sediment discharge data for suspended
and bedload measurements at gauging sites
measured by USCS.
b_ Sediment accumulation or erosion in Upper
Newport Bay and primary flood control
channels.
C. Sediment yield data in the form of
reservoir surveys for upland watersheds.
d. Regional Tong -term sediment yield data in
similar, nearby catchment areas.
e. Soil surveys (SCS).
f. Erosion estimates from various land uses that
may be available from the Orange County
Resource Conservation District.
(Rev. 11/25/80)
Al
Schedule
12/15/80 -
4/20/80
Schedule
2. Colle,i: Watershed Data
a. Survey established reservoirs in
watershed where historical or original
surveys exist.
b. Survey natural and manmade channels and
estimate historical channel erosion/
deposition.
c. Survey potential soil loss from 1980/1931
construction activity.
d. Survey and collect as necessary water and
soil samples from various areas in the
watershed.
3. Collect and map existing and projected land -use data
a. Map existing land use(irrigated agriculture,
range lands, urban, other) utilizing available
information, including use of orthophoto
quadrangle sheets of the USGS. Determine
kind and amount of agricultural operations
(crops) for each subwatershed. This is to set
priorities for future implementation.
Determine average condition of land over a typical
winter season:. bare,.covercropped, crop
residue remaining, rough tillage for each
category of crop, orchard, row crops, berries,
etc. Determine tf: relative impact of sediment
in irrigation tailw"-ter caused by improper
leveling and long irrigation runs.
b.. Estimate future land use change for the year
1990, 2000 and ultimate build out utilizing
the SCAG-78 growth forecast policy as trans-
lated to the San Diego Creek Watershed, use of
local general pians and development plans.
4. Compute 10 -year, 25 -year, 50 -year and 100 -year
stormflow, average annual sediment production
potentials and estimate particle size distribu-
tion for the following source areas:
a. Mountains/hills using streamflow, reservoir,
regional sediment yield data, and soils data.
This shall include an evaluation -of the
relative importance of slope, slips, land
cover and soils on erosion and sediment yield.
A-9
Schedule
b. Agricultural areas using the following
procedure:
(1) Utilizing Soil Conservation
Service Soil Surveys, prepare soils
erodibility map for agricultural
field subareas by supplementing and
interpreting soils data and
calculating sheet erosion and field
sediment delivery rates for the 1 -
year, 10 -year, 50 -year and 100 -year
storm rainfall intensity for type of
field condition (i.e. barren disked,
barren ridge and furrow, cover
cropped, etc.). This shall be
accomplished by using established
procedures and in consultation with
erosion experts, estimate soil loss
in tons per acre for each winter
condition of the land encountered.
Consider erosion from raindrop dis-
location and overland flow; both of
which are affected by land conditions.
(2) Map agricultural subarea drainages
and assess erosion potential for the
1 -year, 10 --year, 25 -year, 50 -year
and 100 -year stormflows.
c. Channel erosion by conducting field surveys
(include black and white photographs) of
channel size and evidence of streambank
erosion and bed scour. This shall be done
at minimum by crossing -sectioning a few
typical channels to estimate channel
degradation over the past two to three year's
storms. Note the relative stability of the
channels in relation to practices applied
on adjacent lands or other physical factors.
Project these findings to all channels to
determine the extent and priority of the
problem.
d, Construction site erosion using field surveys
and Soil Conservation Service studies if
available, or other appropriate technique.
5. Compute irrigation tailwater erosion and sediment
delivery to adjoining channels. Determine particle
size distribution through field monitoring_
A`10
Output
Schedule
1. Data compilation and summary report. 4/20/81
2. land Use Maps for source areas including
drainages and other pertinent information.
3. Sediment yield technical report for the
various source areas, showing methods
utilized in arriving at the estimate of
sediment yield, including a frequency -
yield - particle size distribution analysis.
Includes comparison of source yields by
storm intensity, particle size and total
yield.
4. General audience report summarizing the
analytical work in "plain English".
TASK II -D: Sediment Delivery Analysis. This task would 12/15/80 -
determine e se invent f ow at the major 6/15/81
gauging sites in the basin for the same
recurrence interval stormflows described
in II -C. In addition, an estimate of the
volume and particle size distribution in
the channel system would be made
through field investigation and calculation.
Estimates of sediment delivery by major
sub -area would also be made. This task
shall be accomplished, at minimum by
conducting the following work:
1. Compile Existing Data
a. Sediment discharge data for suspended
and bedload measurements at gauges
measured by the USGS, including all
instantaneous measurements, particle
size breaks, and methods utilized.
b.. Sedimentation surveys and studies for
discharges into Upper Newport Bay,
including reviews and evaluation of work
conducted by the University of California,
Irvine.
C. Sediment removals from channels in the
watershed, especially the lower reaches
of San Diego Creek (Jeffrey Road to Culver
Drive) at the Woodbridge Planned Community
in the City of Irvine.
d. Other data as appropriate to this task.
(Rev: 11-25-80) A-11
JGi1�Cii� i �:
2. Collect Watershed/Channel Data
a, collect supplementary field samples and analyze
for particle size distribution and estimate
volume of sedim:- in channels at various loca-
tions in the watershed through reconnaissance
level surveys.
b. Other data as appropriate.
3. Analyze Historical Gauging Station Flow and
Sediment Discharge Records
a, Evaluate and prepare appropriate graphs and
analyses describing the relationship of
streamflow with sediment discharge for sus-
pended and bed load, with and without
sand breaks for data from USGS gauging
stations in the watershed (San Diego
Creek at Sand Canyon Avenue, San Diego
Creek at Campus Drive, E1 Modena -Irvine
Channe'i at Myford Road) .
b, Supplement historical depth -integrated
sampling measurements of suspended load
for the above stations by analyzing the
relationship of automatic sampling
suspended.solids concentrations with
depth -integrated data for 1978 for -the
San Diego Creek at Campus Drive station
and then extend/adjust the automatic
sampling record for the 1979/80 storms.
4, Compute grain size distribution for sediment
from existing discharges for the gauging
stations.
5. Develop sediment discharge-streamflow rating
curves at the San Diego Creek gauging station
at Campus Drive, at Sand Canyon and on the
El Modena -Irvine Channel.
a.. Utilizing analyses and data from the
previous sediment production -and stream -
flow steps, develop sediment discharge-
streamflow rating curves for the 10, 25,
50 and 100 -year recurrence interval
flows for recent land -use conditions.
b. Repeat above for year 2000 and ultimate
land -use conditions.
A-12
Output:
Schedule
6_ InvesL2gate and describe the sediment
delivery processes in the watershed and
estimate the sediment delivery
characteristics (ratios, etc.) for
the important channel locations (includes
San Diego Creek at confluence of Peters
Canyon Wash and San Diego Creek, San
Diego Creek at Jamboree Road, San Diego
Creek at or near Sand Canyon Road).
7. Using the sediment and bedload readings
from USGS or other monitoring, and analysis
in previous steps, relate channel erosion,
sheet and rill erosion, and all other
perceived sources to determine how much the
land use above each gauging station has affected
sediment flow as recorded. Reasonable
correlation can be expected between the
estimated findings and sediment measurement.
1. Data Compilation and Review ew ;emoranda 6/15/81
2. Technical Memoranda on historical
gauging station flow and sediment dis-
charge analysis.
3. Technical memoranda on sediment discharge
- streamflow rating curves to the 100 -year
event for San Diego Creek at Campus Drive,
San Diego Creek at Sand Canyon Avenue, and
on the El Modena -Irvine Channel at Myford
Road for 1980, 1990, 2000 and ultimate land
use conditions.
4. Technical memoranda on the analysis of
grain size distribution and bed load for
measured flows. (Automatic samplers and
manual depth -integrated sampling).
5. Technical memoranda providing monthly
and annual sediment yield graphs for USES
measured flows,
6. Technical memoranda describing the sedi-
ment delivery process of the watershed and
its drainage channels.
(Rev: 11-25-80)
A-13
(Rev:
TASK II -E: Se' lent Transport, Deposition an,- Scour
'In tyewpo r~t Q%_—
1.
2.
11-25-80)
This task would provide an analysis of the
transport of flow and sediment discharge to
Upper Newport Bay by San Diego Creek, an
analysis of the depositional characteristics
of the sediment load as a function of particle
size, flow rate and sediment load of the dis-
charge, an analysis of scouring in the upper
bay as a function of flow rate and sediment
load, and an analysis of the transport by
grain size of sediment transport through
Newport Bay and its depositional areas. It
is anticipated that this task will require
sediment coring in Newport Bay, principally
in the Upper Bay. The purpose of this task is
to determine sediment discharge objectives in
terms of particle size and criteria to
minimize scouring.
This task would be accomplished at minimum by
conducting the following work:
Compile existing data
a. Collect available data
of California, Irvine,
Laboratory on sediment
survey data in the bay
water column data.
from the University
Water Resources
cores, depositional
and particle size
b. Collect California Department of Fish and
Game data on sedimentation, if available.
C. Collect historical and other related data/
studies on deposition and scour sediment in
tidal flat salt marshes.
Collect Supplementary Data
a. Collect water column samples and run particle
size analyses if necessary to supplement
existing data for estimating sediment flow
through the bay as a function of particle size_
b. Collect, if necessary, additional sedimenta-
tion data in the bay to determine depositional
areas and particle size distribution.
C, Collect any other data deemed necessary for
this task.
A -I4
Jch--- hedu I a
4/20/81 -
7/21/81
Uu4.
;-Vu L.
Schedule
3Evaluate the sediment deposition, scour and
transport characteristics of sediment
discharges in Newport Bay entering via the
San Diego Creek Channel. .
a. Describe the relationship of sediment
and water inflow into the Bay with
sediment deposition, scour and trans-
port for varying hydrologic conditions
and land use conditions described
previously.
b, Evaluate the significance of fine grain
sediment flocculation and deposition
due to the influence of fresh water
sediment inflow mixing with sea water
in Upper Newport Bay.
c. Evaluate OCEMA studies on tidal flow
and tidal prism volume estimates for
sedimentation in Upper Newport Bay.
1. Data compilation and review report. 7/21/81
2. Technical memoranda describing the sedi-
ment deposition, scour and transport
characteristics of San Diego Creek dis-
charges for various hydrologic conditions
and existing and projected watershed land
use into and through Newport Bay.
TASK II -p: General Audience Report.
Output:
This task would prepare a summary on the 7/21/81 -
Sedimentation Processes (Task II) for 8/17/81
general audience readership. The report
is to be written in "plain English" and is
to contain appropriate charts showing
sediment yield by sources for the different
land use and hydrologic conditions, sedi-
ment rating curves for the major stream
sites, sediment delivery processes, and
deposition, scour and transport of
sediment laden discharges into Upper
Newport Bay. The report is to also contain
appropriate land use maps at 1 2000'
for the watershed showing principal
drainages, mountain/hill areas, land use
and political boundaries for 1980, 2000
and ultimate land use.
1. General Audience Report. 8/17/81
A-15
Schedule,
Part IIi:_ Comprehensive Storntfiow and Sedimentation
Control Pian — --
This task shall be conducted, at minimum,
by accomplishing the following work:
TASKS III -A thru III -D:. Deyelonment:.and..Performance
A sis of ternatives'and Assessma'nts. �/2T/81-
1/11/82
This task is to develop the erosion and
sediment control alternatives, perform
detailed engineering feasibility analyses
and assessment: on the alternative systems
• developed. Alternatives to be evaluated
would be developed and defined by pre-
paring descriptions, concepts, locations,
layouts, sediment reduction effectiveness,
cost analysis, institutional financing
analysis and environmental assessments of
the alternative components. T;iese would
include the following system components,
either separately or in combination:
I. Downstream Engineering
(Rev: 11-25-80)
a. Sedimentation basin adjacent to the
San Diego Creek northwest of Campus
Drive around the IRWD sewage treat-
ment plant, with necessary protection
works for the IRWD facility. Alter-
native to consider joint use with
IRWD for storage/treatment of waste-
waters.
b. In -channel sedimentation basin in the
lower reaches of San Diego Creek for
bed load control for large storm flows.
C. An interim sedimentation basin in the old
salt evaporation plant area in Upper
Newport Bay,
d, Other possible sites, including the area
between Jamboree Road and MacArthur
Boulevard.
A=16
2. Val l :_,; E-ngi neeri ng
Schedule
a, Desilting basin on San Diego Creek in the
Vicinity of old Laguna Canyon Road or other
nearby area suitable for control of
bedload and suspended sand load.
b. Sedimentation Basin(s) in series/parallel
with or within improved and/or existing
channels.
c. Other sites for desilting basins.
d. Channel stabilization utilizing concrete,
gabion or other technique for severely
eroded or potentially severely eroded
channels. Areas to be included are:
ghannels below Sand Canyon Reservoir,
Bonita Canyon, channels below foothill
control basins, and other valley channels.
3. Valley Land Management Practices shall be
examined in consideration of BMP's developed by
the City of Irvine and the County of Orange and
shall include:
a. Additional agricultural erosion/sediment
delivery controls (BMP's).
b. Additional construction source controls.
c. Other land management practices to reduce
watershed erosion.
4. Upstream Engineering
a. Sediment/debris control basins in foothills.
b. Flow regulation/sediment control basins in
foothills (larger capacity than (a)).
c. Foothill channel/source stabilization program.
A-17
Schedule
5. Accumulated Sediment Removal Management Plan
Note: Foothill basins studies are currently
being proposed to be undertaken under
a joint arrangement by the Orange
County EMA and The Irvine Company
through a Multi -Purpose Watershed
Project under the Federal Water and
Power Resources Service program. The
initial studies on the basins (Hicks.
Canyon 1 & 2, Borrego Canyon, Aqua
Chinon Canyon, Round Canyon 1 & 2,
and Bee Canyon) are proposed to be
conducted by the County and The
Irvine Company. EPA and the State
have required that "...All 208
Planning Tasks that relate to the
foothill flood control structures
proposed by Orange Lounty will be
coordinated with tFis work program to
ensure consistency and to avoid
duplication of effort. The review under
the 208 program will be limited to
their sediment reduction capabilities."
Following this grant condition all
upstream engineering for the canyons
proposed for control by the County -
Irvine Company program shall be incor-
porated into this report. No substantive
or duplicative work shall be undertaken
on these basins, excepting for evalua-
tions determining the sediment reduction
and downstream erosion control benefits
of the projects.
Source watershed treatment control
programs in the foothills or other basins
not part of the County study but necessary
for sediment control evaluation (Peters
Canyon channel, others) may be studied
as appropriate.
Based on the above effectiveness and feasi-
bility analyses of the component alternatives
(1-4), combinations shall be developed into system
alternatives. Three system alternatives shall be
developed and evaluated in addition to one that
contains. a downstream sedimentation basin at the
site adjacent to the IRWD wastewater treatment
facility and one that is the no project alternative
(five alternatives). All parties to this contract
shall agree upon the system alternatives to be
specified in the final report and EIR.
A-18
d ng ineer inq fsas ibil i ty, erosion/sediment
reduction capabilities, costs and financing,
environmental assessments and implementation/
maintenance features of each alternative system
shall be analyzed and described clearly. A
comparison is then to be made between each
alternative system, showing features (different
or common), costs (total capital and annualized
cost by year), effectiveness in reducing sediment
delivery to Upper Newport Bay (quantity delivered/
controlled by stormflow conditions far recurrence
intervals up to the 100 --year event for 1980, 1990,
2000'and ultimate land use and by particle size
distribution), environmental impaots, constraints
or other limitations affecting siting or design,
year system element is to be on line, responsible
agency, and financing method, This comparison
shall also be shown in summary matrix form. Costs
should be shown in 1982 projected dollars with
estimated Engineering News Record Construction
Cost index. Project capital requirements for the
year of scheduled implementation shall also be
shown. Governing factors on sizing facilities shall
either be the physical site limitation, or
alternative sizes to control a 25 -year, 50 -year or
100 -year stormflow event, Water and sediment storm -
flow at the desi1ting bas -ins shall have been
developed from Part II Sedimentation Analysis, which
is to be coordinated with this Part III. Particle
size control factors for desilting basins or source
controls shall also be obtained during Part II.
Output:
Schedule
1. Technical Memoranda describing the alternative com- 1/11/82
ponents and their effectiveness and costs. This
shall include general descriptions, operational
concepts, layouts and locations, quantitative
considerations, costs, and environmental
considerations.
2. Technical memoranda describing the basis and
description of the system alternatives developed.
This shall include an analysis and clear des-
cription of the system, how it works and maintenance
requirements, when it can be implemented, its costs,
effectiveness in reducing sediment discharge to
Upper Newport Bay, financing of the system alter-
natives components and sources of funds, and environ-
mental impacts. This memoranda shall be a detailed
technical analysis of the system alternatives.
(Rev: 11-25-80) A-19
3. Draft General audience report to be used for
Public view purposes for selection the
prefer. , alternative. This report siw ll be
written in "plain English" and shall clearly
describe and present the system, alternatives
and their comparison. Sufficient graphics and
charts are to be prepared which show the
elements of each alternative, costs and
effectiveness of each component and of the
overall system by 5 --year period from 1985
through 2000 and for the ultimate land use
.(general plan), including environmental impacts,
and a section on financing of the alternative
system, and agencies responsible for its
implementation and maintenance. Fold out I"
2000' scale maps of the watershed on a USGS
topographic base map shall be included in a
pocket in this report presenting land use,
Political boundaries, drainages and plan
location by alternative, including quantita-
tive data for each alternative component
(i,e., costs, size, control effectiveness,
etc.). In addition, a public review summary -
comment package (less than 5 pages) shall be
prepared for inclusion into the report for the
public to provide comments thereon for return
to the Participating Agency/Contractor.
TASK III -E: Technical Review and Refinement.
This task would provide for the technical review 1/12/82_
of draft products prepared under Subtasks III A -D 3/8/82
and refinements of the Technical Memoranda and
draft reports prior to public release. This task
is to be accomplished by conducting the following
work:
1. Provide Technical Memoranda and other outputs to the
Technical Review Committee and SCAG 208 Program
Manager (10 copies) consistent with the approved
project schedule.
2. Based'upon the comments received a meeting will be
held with the consultant offering the comments and
determining necessary refinements. The
contractor will then finalize these memoranda and
reports.
Outputs:
I. Comments on Technical Memoranda and Reports. 3/8/82
2. Finalized Technical Memoranda and Reports to be
made available to the public and -interested
agencies.
A-20
TASK 111--: Plan Alternatives and Draft Environmental
Impact Report, T
Output:
Utilizing the Draft General Audience report
prepared on the alternatives developed in
SubtasksIII A -D and comments made by the
Technical Review Process of Subtask III -E-,
a general audience Plan Alternatives and
Draft Environmental Impact Report,
considering environmental impacts of each
alternative, is to be prepared and two
hundred (200) copies reproduced. This
report shall include those elements
described in Subtasl�s III A -D, Output 3,
and shall be limited if possible to fifty
(50) pages. Distribution of the reports to
interested agencies and the public shall be
coordinated with the public participation
tasks. The contractor may be req►iired to
distribute the reports to a mailing list to
be developed by SCAG and the participating
Agencies.
Schedule
3/9/82-
4/12/82
General Audience Report on Stormflow Sedi- 4/12/82
ment Control Alternatives with appropriate
fold -out maps, photographs, and public review
summary -comment attachment_ (200 copies).
TASK III -G: Public Review of Alternatives.
The public will be encouraged to review,
comment and recommend their choice of the
best alternative or combination thereof
from the described sediment control alter-
natives (for a 60 -day period).
Presentations will be made to the local
Water Quality (208)'Advisory Committee,
its Coastal Wetlands Subcommittee, the
SCAG Energy and Environment Committee, and
before the local elected officials and
management level personnel in the Newport
Bay area, and to groups requesting
presentations of the alternatives. This
task will be supportive to the public
participation effort provided by SCAG.
Press releases shall be pi-epared to
assist the media in coverage of the
alternatives. A public hearing will be
held on the alternatives.
(Rev: 11-25-80) A-21
4/13/82-
6/14/82
4 }
i
1,
Public id agency presentations,
2.
During May
I
Publicand Agency comments.
and June, 1982
j
'
3.
4.
Press Releases and other informational aids.
Public Hearing
on Alternatives.
TASK II
II H. Review Comments andPrepare Responsiveness
Do c u m e f
6/15/82-
. -- �--
__ _...... "•
7/13/82
j
This task will reivew all comments received
prepare a responsiveness
i
summary and make
recommendations based upon these corments.
Output.
i�
I.
Compilation report of all
P comments received.
7/13/82
2.
Responsiveness Summary to comments.
3
3.
Recommendations based upon the comments.
TASK III -1: Prepare Recommended
f.ola�d Final
EnvironmentaTmpur
7/14/82-
1
Rrepot
10/11/82
A recommended plan shall be prepared
based
i
upon the alternatives developed
and output of Subtask III -H. This plan
shall be
more detailed than the alternatives,
specifying the specific project
proposals
and management practices, their implementa-
tion schedule,
costs and financing/implementa-
tion/management plan. An
accompanying environ-
mental impact report shall be prepared
utilizing the alternatives previously prepared
and describing the effectiveness
of the
recommended plan and alternatives.
Output
1. Recommended Plan (200 copies plus original),
10/11/82
2. Environmental Impact Report (200 copies plus
original).
3. Executive Summary of 2ecormended Plan (500 copies
Plus original).
(Rev. 11-25-80)
A-22
TASn T114. Assist in Securing Implementation CoCrmitmP_.nts-
The participating agencies shall assist SCAG in
securing implementation commitments from -the
responsible agencies designated in the plan as
implementing -management agencies. This task
shall also include development of any joint
powers agreements and financial arrangements.
necessary to assure implementation, maintenance,
monitoring and management of the plan.
Output:
I. Implementation Commitments
2. Management Agency Agreements
(Rev: 11-25-80) A-23
Schedule
1/4/83 --
4/29/83
4/29/83
4/29/83
=�iiCY: CITY OF NEWPORT BEACH AND CITY OF I,P,VME
E SOD',',1TTED. Drr-,TE t.rrD.
?E DEPIOD COVERED:
Orr.
S
'015.01 for
_ ;, rt c r--�--- 11 -El
IS
FY 79-80
Authorized Budoet
Bud0et Revisions
65,000
65,000
I i [l 5 5, 050 j
100,000
APPF i); .. III5-1e
CITY OF NEWIPOR T BEACH AND CITY OF IR1`Ii,'E
SJR, {! :U. Dr.IE t. . ,C�.�_
PERIOD COVERED:
FY 80-81
Au L.hori zed
budget `
Re. s : or,s
- I
cs s
"115.01 PF.rt TrA-IIF. Part III 252,000
�;S✓-- 252,000
1
• - ., � .. � ter. rnn
Jv , JvU i
I
• i
APPENDIX III Budget SUMMARY
;,_.';CY: City of Newport Beach and City of Irvine
S"! B;X, - DATE APPROVED
T I?",E PERIOD COVERED:
FY 1980-82
Authorized
Budget
Budget
Revisions
k'ork
as i's
3015.01 for 65,000
Parts y
165,000
51115.01. Part 252,000
IIA -IIF, Part IIT i ~`-
I
Y, I!,,;
GIE'__
v0S;S r
317,000
I
165,000
77
• r L
•
,I
C 7
I
482,000
OR SUciGREE:+rNTS UNC F U;S. Fr O r"
4 ? P iC= S"u.,+: RY FC'R?fAT F
COST O i /c
E �c(r4CIions before Cr,'-D:-.'tr_
---'— PART i-r,etiR:.L
e 12. GRANT tiUM-.-_
--- P00920 -01-3,P009325—01–]
PLANNING PROGRAt1 PHASE I_
'
SECTION 208 CONTINUING? SAT£ Paces c>aL
F:h1.tE = C:.t.:TP.�C TC -i R 5UnCONTRAC7CR 1-•C�-23'�O
CIT`>r OF -TRVINE c VI:.E7T O EZ FURNI`_
1 - TOR (Inetode ZIP code) E. i YR- OF
z S --� ^ r S O F G O N i rZ A a v a R 5 U o C J N RAC STUDIES I Fi'aDINCi TO AME UM i
CITY OF :ZVDTE
P.O.BOX 19575 OF SOUTH COAST 208 PLPN
IRVV CivvE, CA 92713
4�CC IUC�LCt t 1 �� DIRECT LABOR TOTAL: 1 I ESTIMATED
FATE I r BASE = COST
I C^S 5 ISractl� :�cirect coat pcola)
.17 1s 59
A�iINTC S I'R�\T CTTE .OWE ]Ef_.--
_ 10 115
i ---- 1TIDIRECT
COSTSTOTAL: ( -�--
1 -- -
ESTIMATED
COSTS
I COST
r TRAVEL 900
_ – -- ,s 300
(1) Tr_-__1a�IFo= ------- S 1x200
(2) ?�R DIES
TRAVEL SUBTOTAL: -- 3
ESTIMATED
QTY COS COST
_. .r- _ SUPPLIES ($pecil" earegori") _
b. EcuIR=+F hT•
MATE -
12000
A . _elA�s. S 300
12000 -15 ,
PART II -COST SUMMARY
j------ PHC� IE DISTANCE::
ESTI-
HOURLY
I ESTIMATED TOTALS
+
?ECT LABCR (Speei:y in Dor eareooriea)
MATED
HOURS
RATE
jt COST �-
IS .
E
1266 is
24..I
t4857 '
DIFtF 'IbR OF' C( `V_UNITY DEVIIO �:
266 l
18.26
5� SNTR►.CTS
! �I NAGE.R OO PLANNING SERVICES
1330 I
12.91
I 1Zr�-Z
SEIIOR PIANNER
2240
9.42 _
T 21 100
PLANIv%I� II __ _ ._
266.
16.00
( 256
{ –L --��?c-tuu
t��IDQI�
266
11.30
2.93
1 3,005
{ 2,521 59,575
4�CC IUC�LCt t 1 �� DIRECT LABOR TOTAL: 1 I ESTIMATED
FATE I r BASE = COST
I C^S 5 ISractl� :�cirect coat pcola)
.17 1s 59
A�iINTC S I'R�\T CTTE .OWE ]Ef_.--
_ 10 115
i ---- 1TIDIRECT
COSTSTOTAL: ( -�--
1 -- -
ESTIMATED
COSTS
I COST
r TRAVEL 900
_ – -- ,s 300
(1) Tr_-__1a�IFo= ------- S 1x200
(2) ?�R DIES
TRAVEL SUBTOTAL: -- 3
ESTIMATED
QTY COS COST
_. .r- _ SUPPLIES ($pecil" earegori") _
b. EcuIR=+F hT•
MATE -
12000
A . _elA�s. S 300
12000 -15 ,
j------ PHC� IE DISTANCE::
I I
EQUIPMENT SUBTOTAL:
a --" -----
-- -
ESTCIMATED
---�-
OSTC..
5� SNTR►.CTS
S
^ -
Nm�T SI�-.---
C C' ---`
L `.PSS SINIPSON,
AUDIT
S 8 900
--- SUBCOHTRACT5 SUBTOTAL:
ESTIMATED
COST
2 000
– ---:-- ; `— rI`ECiNICx' I. ADVISnRY-- �
VOLU r u� S _jMCE .
0–
S 2
OTHER SUBTOTAL:
.- _0
,
` 2;900
S 12rc T
DIRECT COSTS TOTAL:
y e L t s IHaT=� cczT --
82 57.0
_—�
s
PART 111 • PRICE SUPMAP.Y
----, -.•c Ca7nLGG LIS`INGS, IN- JSE E1%'T ES, PRIOR cUO'c ��10E S
(lndicnle bauic !or Price car -parisor.)
-- PART IV -CERTIFICATIONS -
OwTRACTOR ❑ pcRcOr,FSEO ANY REVIEV. OF YO JF.
1.� A FE =RAL AGENCY OR A FEDEPALLY CERTiF1ED STATE OR LOCAL AGENCY tr. T1 E-NEL`+_ �! �•-, c'
A�COLINTS OR >;rCORCS IN CONNECTION WITH ANY OTHER FEDERAL
GRA -.4T GR CONTRACT `
y Eg F --j ND (11 "Yes" give name address and telephone nu.•nSer of reti•iewing office) -
�1� S' CONFORMS WITH THE FOLLOWING COST PRINCIPLES
i ^:s preO^sal issubmitted for use in connection with and in response to (1)
This is to certif}' tl e best of r..�
to
--cats surimarized herein are complete, curtent, and accurate as of
ei that the cost and pricing
r- L and that a financial m<naze Hent capab:lity exists to fu1'}' ane accL-
I further certif%' .^=t I un6erstanc
account for the financial transp.ctions under this project. t:,e a�cve cost sed
c��z�reer ant price ;,ay be subject to downv:ard renegotiation andlor reccup^ e..t �,:,ere
-:Ding data have been determined, as a result of audit, not to have been compleF�, current anr, 2ccurate as
G. the date above.
ofzr 51p�6TU
A E OF EXECUTION ,
T:
that I have reviewed the cost/price summary set forth herein and the p:Gpdsec co...s�p:. rP
sslbagreement award,
--------------
G>1�,
-- DA7E OF EXECUTION
—LE Cr =.cv Ev c ..
,moo 11 FOR SU6�GRECMEP+ i 5 UNDER U.S '>A CSRANTS Form Approved
S7 OR PRICE S_h,hi„RY FORh;. 031E Pro. 15a-R414!
VC-0 furry)
instructions before corrplPttr.
thts
(See ac_corr.panying
i --- PART 1-GENERAL---
-
1� i�tA `i tiU}d?=•�
P0092.00-01-3 &
P00932.5-01-1
I. GRANT--
` City of Newport Beach
— ---
—__--�---_
l A- I— .^.r PAO105AL
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
1
Local Match ___. -
!]ncludo ZIP coda) b. 'T YP= 0= =
3. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR
San Diego Creek Comprehe-nsi
ve
Stormwater Sedimentation
3300 Newport B.1 vd.
-
Control Plan—
Newport Beach, CA 92663
Newport
_
PART 11-COST SUMMARY
ESTI- HOURLY=5ri'JATtD
TOTALS
7. DIRECT LABOR (Speel17 Jobor categories)
MATED COS-
HOURS RATE
-
1040 ; 10 !s 1�
f :•'�$ t
ssocia e anner`
.74
440 i5.80 69 2
� vance anning Administrator
1 0 4 20.93
Ianning erector
936 16.99 1 a$Q
moi: Y
Assistant C i tv En sneer
400 22.88...
P u o l i c 4� o r k s Director
Etom attached sheet)
i
TOTAL: DIRECT LABOR
.S. IMATED
=
6r ? ;may oif
3. INDIRECT COSTS (Spvclly fndtroct cost pools)
RATE x BASE COST
;
?_5 s 55432 Is 13858
ver ea on erect La or
___
{-
69290
INDIRECT COSTS TOTAL:
TiCO3T5
9. OTHER O;RcC'r
j ESTIMATr
_
S Cos.
n,
1
u....r
go
-
1� TRI.S5PORTA710N -
j
-.^y"•---a rr ,;^}, �- -
-
1 c2i E R O I E M
TRAVEL SUBTOTAL:
t-•
,; _ .�✓K .� 6.a i y'lrii%''__” �"'=::. 1D � 1 L V _..w
•`
} t a:.r -5,. � Y Y ' t
-
:S.T 1 W AT E D
i
- GAte Doles
SUPPLIES (Spvcily R )
QTY COST COST
s%
b. EOUIPMEN7, MATERIALS,
Is
„� r
S
Xerox 2000 @ _.15
1 425.00
Telephone„
._....
--�—s
EgUIPm,E'IT SUBTOTAL
Y-Y�+i+_+v+•✓.I'•.'-_'^_-•t / 2 C
f "" "r �•-^
y-fey-+fir..• h.yj,_N..s.•
`7'•.r i�, ri.:t'
COST
C. SU9CONTRACTS
Consul tant
Donald Silila�On, Enqi neer n Management
1 800_
Audit
9,300
SUBCONTRACTSSUBTOTAL:
ESTIMATED
d, OTHER (Sp"ctt)r cntegorlsv)
COST
i .r
j s
technical advisor committee2�00
o untary services,
i
,
or Interim Plan
7 2 , 000
OTHER SUB1O7AL:
S
e.' OTHER DIRECT COSTS TOTAL:
-
S 82 515
,
to. TOTAL ESTIMATED COST
_
8 2 , 515
11 TOTAL PRICE
PAGE 5
EPA Fwn 576(J-d1 ;2-75)
PART III -PRICE SUMMARY
13 COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOT_S
(Indicate bssis for price comparison)
PPOP05ED
PRICE
J m 1#
.._ PART IV-CERTIFICATIONS
14. CONTRACTOR -
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AG=K:Y P=== ='OFD A4Y REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT O� CON-=-tCT -alq TwE PAST TWELVE MONTHS?
QYES Q No (rl "Yes" give neare addrres and telephone number of reviewing oLEce} _
14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
.Federal Management Circular 74-7 & 74-4
This proposal is submitted for use in connection with and in response :e (1; G ra n t N umbo rs
'=P009200-01-3 & #P009325-01-1 . This is to ce:nH:v'D rhe tZest of my 1,nowlnige
and belief that the cost and pricing data summarized herein are cormple-e- c--- -'_ a^d accurate as of
(�) October 22, 198 0 and that a financial manage me;: ca. a='_-: eY_;Sts to fully and accu-
rately account for the financial transactions under this project. 1 fu she: _cderstand that the
subagreernent price may be subject to downward renegotiation and%or the above cost and
pricing data have been determined, as a result of audit; not to have bin cam-^ L-, -,, -ent and accurate as
of the date above.
(3) -
DATE. OF EXECUTION
14. GRANTEE REVIEWER
I certify that 1 have reviewed the cost/price summary set forth herein ccs,s/price appear
acceptable for subagreement award.
r
DATE OF EXECUTION
16. EPA-P.EVIEWEP (11 opplicebl�)--••'-'
DATE OF EXECUTION - •i ___ =_ =c i'E r•cR
EPA F-1 57;? -41 (2.76) PAGE 2 OF 5
esti - Hourly
7. DIRECT LABOR _ rated Rate
Estimated
I Cost
TOTALS
7 u
_ __ -
City Manager 208 29.20
6072
City Attorney 40 1 22.90
908
erica— 416 1 6.31
2624
ccounti ng I 96 6.00
576
SUB TOTAL. I I
10180
2. SU CO;'. l RhCTO�:
3. PR^DUCT (TASK)
140':X CG.'IDLETED DURING THIS PERIOD
5. WORK OFF SCHEDULE
5. CL:';GES REQUIRED IN SCOPE OR SCHEDULE
7. dt: DG E T RE ADJUS T hiE NT
8. CC-STS THIS PEEP.IOD
°. CCSTS TO DATE
I0. BUDGET
gg r
N
101URI 101n CALIFO�a1331
600 !Doth Commonwealth Avenue ®Iuite 1000 • !_cr AnAffocl All On OF COVE en M E nu
geles • California o 90005 •213/385-1000
co
January 21, 1981 Jq
N�� 7 rll
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92563
RE: SCAG/ Cities of Newport Beach/
Irvine 208 Phase II and III
Cooperative Agreement and
Cities of Newport Beach/Irvine/
Boyle Engineering Contract
Dear City Clerk:
Enclosed is one executed copy of the SCAG/Cities of Newport Beach/Irvine
?08 Phases II and III Cooperative Agreement in an amount not to exceed
$317,000. ;Dote Cooperative Agreement Paragraph 10 Method of Payment/
Reimbursement Requirements Section h, regarding the 30 day time p -period
for identdying,Jscheduling and budgeting in-kind services. The EPA
approval of the cooperative agreement. is effective per dates referenced
in the agreement.
EPA requires the following revisions to the Cities of Newport Beach/Iry-ine/
Boyle Engineering Agreement.
1. Paragraph V must specify a cost -plus -fixed -fee type of contract, which
establishes a cost ceiling that can be increased by formal amendment, and a
fixed fee (profit) that can be increased only if the scope of work is increased
by formal amendment. Attached is the clause that must be included in Para-
graph V.
2. Submit a list of subcontracts, indicating the firm's names and type of
service provided, and amount of each subcontract. If a subcontract amount
exceeds $10,000, a cost summary, form 5700--41, must also be completed and
sub,iitted. (5700-41 form attached). It is also advised that each subcontract
price must be supported; i.e., by an independent cost quotation or cost summary,
to the prime contractor, -in order for that subcontract amount to be included in
City Clerk
City of Newport Bea.-„
Page 2
the prime's proposal. If the subcontract amount is not supported, it may be
a disallowed cost at time of audit.
Let us know if you should have any questions. We look forward to working with
you in this effort.
Sincerely,
i
W.O. Ack mann, Jr.(�
Director of Programming
and Evaluation
WOA:JB: bn
Enclosure
cc: Robert Lennard, City of Newport Beach
Jock Millna, City of Irvine