HomeMy WebLinkAbout10-14-1980 Item #F-6City Council meeting
Agenda n d a I
g tem P Jo.
OCT 14 1980
By the QTY COUNCIL CITY OF NEWPORT BEACH
CInt OF NNOW KWQH
October 8, 1980
TO: City Council
FROM: Planning Department
October 14, 1980
SUBJECT: 208/SCAG Cooperative Agreement, Upper Newport
Bay Sedimentation Control Planning
Suggested Action
F-6
If desired, adopt resolutions authorizing the Mayor and City Clerk to:
1) Execute the SCAG/208 Cooperative Agreement as revised;
and
2) Execute an agreement between the City of Newport Beach
and the City of Irvine for the administration of the
208 Program.
SCAG/208 Cooperative Agreement
At the meeting of August 11, 1980, the City Council adopted Resolu-
tion No. 9850 authorizing the Mayor and City Clerk to execute a
cooperative agreement between the City of Newport Beach and SCAG.
The agreement was not executed since revisions were required in order
to dovetail the 208 Planning efforts with the $2,000,000 Clean Water
Conservation Bond Act Grant. SCAG made some other changes in order
to refine the Scope of Services, two of which are worth noting:
Public Participation. Under public participation, SCAG
has added a requirement for a Local Advisory Committee
to be staffed by the Cities of Newport Beach and Irvine.
The Committee would consist of substantially equivalent
proportions of the following four groups:
(1) PRIVATE CITIZENS. No person may be included in
this portion of the advisory group who is likely
to incur a financial gain or loss greater than
that of an average homeowner, taxpayer or consumer
as a result of any action likely to be taken by
the assisted agency.
TO: Ci ty Counci 1 - 2.
(2) REPRESENTATIVES OF PUBLIC INTEREST GROUPS.
A "public interest group" is an organization
which reflects a general civic, social, rec.rea
tional , environmental or publ i c heal th perspg'c
tive in the area and which does not directly
reflect the economic interests of its member-
ship.
(3) PUBLIC OFFICIALS.
(4) CITIZENS OR REPRESENTATIVES OF ORGANIZATIONS
WITH SUBSTANTIAL ECONOMIC INTERESTS in the plan
or project.
The Advisory Committee will probably consist of sixteen members,
with eight appointed by the City of Newport Beach and eight by
the City of Irvine.
Independent Audit. SCAG has added a requirement that an
independent audit report be submitted to SCAG by October 1,
1981.
A copy of the revised SCAG 208 Cooperative Agreement is attached.
Administrative Agreement With the City of Irvine
At the meeting of August 11 , 1980, the Ci ty Counci 1 authori zed Staff
to negotiate an Agreement with the City of Irvine for the administra-
tion of the 208 Program. The attached "Agreement" has been prepared
by our Ci ty Attorney and Irvi ne's Ci ty Attorney.
Ci ty of Irvine Actions
The Irvine City Council has approved both the revised 208 Cooperative
Agreement wi th SCAG and the Agreement between the Ci ty of Irvi ne and
the Ci ty of Newport Beach.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by
OBERT P. L RD
Advance Planning Administrator
RPL/kk
Attachments for Council Only:
1) SCAG 208 Cooperative Agreement
2) Agreement between Newport Beach and Irvine
„TTACHMENT NO. 1
COOPERATIVE AGREEMENT BETWEEN
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND
CITY OF NEWPORT BEACH AND CITY OF IRVINE
THIS AGREEMENT, entered into as of this day of ,
19 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 of America whereby this
project is funded,
WITNESSETH THAT:
WHEREAS,
SCAG desires to engage the Agency to render certain technical or pro-
fessional services hereafter described in connection with an undertaking
which is to be financed in part by the Znv;rcnmental Protection Agency:
NEITHER the United States nor the Environmental Protection Agency is a
party to this contract.
NOW THEREFORE: The parties hereto.do mutually agree as follows:
1. Employment of Agency. SCAG hereby agrees to engage the -Agency
and the Agency hereby agrees to perform services hereinafter set forth
in this contract.
2. Incorporation of Federal Guidelines. The terms of all relevant
Federal and State grant provisions and guidelines, as presently written
or as changed during the life of this agreement, bearing on this agreeiment
are hereby wholly incorporated by reference herein and made a part of
this agreement and take precedence over any inconsistent terms of this
agreement.
3. Scope of Services. The Agency shall do, perform, and carry out,
in a satisfactory and proper manneras determined by SCAG, the services
,
indicated in Appendix A. This obligation shall be contingent upon the
final approval of such services by the Environmental Protection Agency
(EPA). in the event any amendments are necessary, they shall be made in
accordance with provision 17 of this Agreement.
4. Data to be Furnished to Agency. Where available at SCAG, all
information, 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 Agency in
every way possible in the carrying out the services set forth in this
agreement.
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�t 1
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 form 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 Style
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
ofthe 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 Unabridged.
d. Progress reports (per attached format) including verbal
presentations shall be provided to SCAG on a monthly basis. The SCAG
X08 Program Managcr shall set the time and place for these 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 outl.ined 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 perform such services.
c. All personnel identified in Appendix A, I. to be listed by
Agency at time of agreement execution, shall not be replaced by any other
persons except with the written notification of SCAG.
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7. 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 (Scope of
Work). 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 SLAG.
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
forms (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 Manage-
ment 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 procurement of services,
supplies or equipment.
8. Time of Performance. The services of the Agency are to commence
as soon as practicable after the execution of the agreement and shall be
undertaken and completed in such sequence as to assure its expeditious
completion 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, 1982.
9. Compensation. SCAG agrees to pay the Agency an amount not to
exceed $317,000 for the above services. It is expressly understood and
agreed that said sum constitutes the "maximum" compensation for the
services required in Appendix A.
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10. Method of Payment/Reimbursement Requirements. In perfoi-niing t:he
tasks set fortli�in Appendix A, I., Work Tasks to be Accomplished, the
Agency may incur costs set forth by work tasks in the budget attached
hereto, labeled Appendix A,II. 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 $ 317,00Q 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. Al 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 Manage-
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 wit'nin.
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 comply with the regulations and standards
of the Cost Accounting Standards Board. All 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
agreement, 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.
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f. Agency is hereby expressly put on notice that no employee of
SCAG has authority to authorize in writing or otherwise any additional
work which would increase the cost of this agreement without 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 pay Agency the 10%
which has been withheld when the agreement has been completed to SCAG's
satisfaction in accordance with the terms of the agreement, and upon
requisition for final payment..
h. The agency agrees to perform additional work in support of
the 208 continuing planning program having a cost of not less than
$165,000. Said costs shall not be reimbursable and shall constitute an
in -U nd 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 perfo rued 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
shall be cons -,stent with the adopted FY 1979-80 OWP for the 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
performance of this agreement.
12. Acceptance. Acceptance of the terms of this Agreement shall be
by the signing of this agreement in the space provided by the respective
parties and their counsel.
13. Rebudgeting of Funds. Prompt notification by Agency and con-
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
budget forms. Approval of minor adjustments to an approved budget is not
required. A minor adjustment will constitute reallocation of the dollar
sum of $1,000 or less.
14. Prohibition Against Contingent Fees. The Agency warrants that
no person or company has been employed or retained to solicit or secure
this contract upon an agreement or understanding for a commission, per-
centage, brokerage, or contingent fee, excepting bona fide employees; nor
has the Agency paid or agreed to pay any person, company, corporation,
individual or firm,. other than a bona fide employee, any fee, commission,
contribution, donation, percentage, gift, or any other consideration,
contingent upon or resulting from award of this Agreement. For any
breach or violation of this provision, SCAG or the Environmental Protec-
tion Agency small have the right to tenninate this Agreement without
q
liability and, at his discretion, to deduct fro:n the Agreement price, or
otherwise recover, the full amount of such fee, commission, percentage,
gift or consideration and any other damnages, 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 (1 0) 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.
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 payments 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 may terminate this
agree;nent at any time by giving written notice to the Agency of such
termination and specifying the effective date thereof. No such to itina-
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 compensation 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 termination, the Agency shall be reimbursed (in addition to
the above payment) for the portion of the actual out-of-pocket expenses
(not 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-
ment. If this contract is terminated due to the fault of the Agency,
Paragraph 15 hereof relative to termination shall apply.
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17. Agreement Changes. SCAG may, from time to time, require
changes in the scope of the services of the Agency to be performed herein.
Such changes, including any increase or decrease in the amount of the
Agency's compensation, which are mutually agreed upon by and between
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 Opportunity/Nondiscrimination.
a. In connection with the execution of this agreement, the
Agency shall not discriminate directly or indirectly against any employee
or applicant for employment 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
forms 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
employees 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 workers
representative of the Agency's commitments 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-compliance with the Equal
Opportunity clause of this agreement or any of the said rules, regula-
tions, or orders, this agreement may be cancelled, terminated, or sus-
pended, in whole or in part, and the Agency may be declared ineligible for
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e. The
Agency shall furnish all information
and reports
required
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-compliance with the Equal
Opportunity clause of this agreement or any of the said rules, regula-
tions, or orders, this agreement may be cancelled, terminated, or sus-
pended, in whole or in part, and the Agency may be declared ineligible for
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fu; -they government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965 as amended, and such other
sanctions may be imposed and remedies involved as provided in Executive
Order ado. 11246 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 include the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless exempted by
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.
The Agency shall take such action with respect to any subcontract or
purchase order as SCAG may direct as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, however, that in the
event the Agency becomes involved, in, or is threatened with litigation
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 position for which the employee or applicant for employment is
qualified. The Agency agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified handicapped individ-
uals without discrimination based upon their physical or mental handicap
in all employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination,-
rates
ermination;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-
ments of this clause, actions for noncompliance may 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, notices in a form to be
prescribed by the Director, provided by or through the Agency. Such
notices shall state the Agency's obligation under the law to take affirm-
ative action to employ and advance in employment qualified handicapped
employees and applicants for employment, and the rights of applicants and
employees.
e. The Agency
will
notify each labor union
or representative of
workers with which it
has
a collective bargaining
agreement or other
contract understanding,
that
the Agency is bound by
the terms of Section
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503 of the Rehabilitation Act of 1973, and is committed to take affirma-
tive action to employ and advance in employment physically and mentally
handicapped individuals.
f- The Agency will include the provisions of this clause in
every subcontract or purchase order of $2,500 or more 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 comply with Title 49, Code of
Federal Regulations, Part 21, promulgated to effectuate Title CJI of the
Ci vi- ht
1 Rigs Act of 1954, which is made a part of this agreement by
reference. The act of filing a complaint pursuant to paragraphs 18, 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 funds received by the
Agency under this agreement shall be used for any political 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, member, or employee of SCAG and no me,-aber of a
local governing body shall have any interest, direct or indirect, in this
contract or the proceeds thereof.
23.
Assignability.
The Agency
shall not assign any
interest in this
agreement,
and
shall not transfer
any interest in the
same (whether by
assignment
or
innovation), without
the prior written
consent of SCAG.
24. Interest of Agency. The Agency agrees that he presently has
no interest and shall not acquire any interest, direct and indirect, which
could conflict in any manner or degree with the performance of services
required to be performed under this agreement. The Agency further agrees
that in the performance of this agreement no person having any such
interest shall be employed.
25. Responsibility for Claims and Liability. The Agency shall save
SCAG, the Environmental Protection Agency, or any government agency from
all claims and liability due to his negligent acts or the negligent acts
of his subcontractors, agents, or employees.
2e. Interest of Members of or Delegates to Congress. No Member of or
Delegate to the Congress of the United States of America, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or
to any benefit arising therefrom.
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27. Disclosure of Information. SCAG has the right to reveal infor-
mation concerning this project in compliance with the Freedom of Informa-
tion Act, 5 USC 552. if the Agency desires that certain information 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 clearand
prominently written claim, consisting of a cover sheet, stamp, type
legend or other suitable form of notice on (or attached to) the document
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 FP009200-01-0 from
the United States Environmental Protection Agency, under the
provisions of Section 208 of the Federal 'dater Pollution Control
Act of 1972, as amended, together with the t (month
omunicid ear)
the document was prepared and the name of
metropolitan area, or other planning area concerned.'
29. Copyright. 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 otherwise use, and to authorize others
to use, the work for government purposes. The Agency 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 Copyrights Infringe-
ment. The Agency agrees to report to SCAG, and name of funding agency
proiptly and in reasonable written detail, each notice or claim of patent
or copyright infringement based on the performance of this agreement of
which the Agency has knowledge. In the event of any claim or suit against
SCAG or Environmental Protection Agency on account of any alleged patent
or copyright infringement arising out of the performance of this agreement
or out of the use of any supplies furnished or work or services performed
hereunder, the Agency agrees to furnish to SCAG and Environmental Protec-
tion Agency, when requested by SCAG and Environmental Protection Agency
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all evidence and infor�ation in possession of the agency pertaining to
such suit or claim. Such evidence and information shall be furnished at
the exrense 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 shall
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 of
employment 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 Management 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 performed by a licensed or
certified public accountant.
The audit shall be perfo ped in accordance with the General Ac-
counting Offices 1) Standards for Audit of Governmental 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 statements to determine whether: a)
financial operations are conducted properly, b) the financial statements
are presented fairly; and c) the organization has complied with laws and
regulations affecting the expenditure of Federal Funds. The cost of the
independent audit shall be made a part of the charges to this agreement.
The independent audit report shall be submitted to SCAG not later than
October 1, 1981.
32. Small and Minority Business Enterprise. In connection with the
performance of this agree,-nent, the Agency will cooperate with SCAG in
meeting its commitments and goals with regard to the maximus utilization
of small and minority business enterprises and will use its best efforts
to insure that small and minority business enterprises shall have the
maximum practicable opportunity to compete for subcontract work under this
agreement.
34. Disputes. Except as otherwise provided in this agreement, any
dispute concerning a question of fact arising under this agreement which
is not disposed of by mutual agreement shall be decided by a court of
competent jurisdiction.
35. Noncompliance. In addition to such other remedies as provided
by law, in the event of noncompliance with any grant condition or specific
requirement of this Agreement, this agreement may be terminated.
-11-
36. Clean
Air
Act and
Federal 'Water Pollution. "._ency must comply
with the Clean
Ain
eater Pollution
Control Act (33
USC
1251).
31. Notice. Any notice or notices required or permitted 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 following addresses:
Director of Programming and Evaluation
Southern California Association of Governments
600 South Commonwealth Avenue., Suite 1000
Los Angeles, California 90005
-12-
IN WITNESS WHEREOF the Southern California Association of Governments
and the Agency have executed this agreement as of the date first above
written.
Agency
M
City of Irvine -
By
City of Newport Beach
Southern California
Association of Governments
By
W. 0. Ackermann, Jr.
Director of Programming Evaluation
ATTEST:.
Admini-)trative Office
APPROVED AS TO LEGAL FORM AND LEGAL ADEQUACY
Attorney for SCAG
-13-
13
DICY
I. -,i .` ' 1 r
L. S'_!C0 < l '..0 T 0R .
CC:?tETED DOC"1 G i'r'I PLER 10D
J. Y:T,� CCrCiiil�
CL, i�.�.S i.�Ql: 'QLD 1!•i SCOPE O SIs ID
l.1/:.
-.�
COSTS i0 D i`
Newport/Irvine
Special Provisions
1. Task/Contract Manager: The City of Irvine and City of Newport
Beach sha 1 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 Committee: 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 Participation: Public participation assistance shal) be
provided to augment 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 New ort -.Ba Watershed; San Diego Creek Comprehensive
Stormvrater Sedimentation Control Pan, has occurred prior to the date
of this agreement which 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 comments.
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.
11
Appendix A.II
Scope of Work
Appendix A.II �?
Scope of Services
SCAG FY 80 O�,,P and SCAG FY 81 OWP
Task 8015.01/8115.01 Newport Bay Watershed: San Dieao Creek Comprehensive
Stormwater Sedimentation Control Plan
Time Schedule: 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 IIA 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 25, 1980 - December 1, 1980
Part II: September 25, 1980 - May 31, 1981
Part III: January 5, 1981 - April 30, 1983
Start of work is anticipated to commence at the time of
award of the sedimentation engineering subcontracts.
Subtask Schedule: Technical memoranda on each subtask shall be released
to SCAG for review at the end of the schedule period.
Part I: Early Action and Interim Plan
Schedule
SUBTASK I -A
Feasibility Investigation of Alternatives
9/25/80 -
10/31/80
I -B
Develop Early Action and Interim Plan
10/15/80 -
12/15/80
I -C
Environmental Impact Assessment/Report
10/15/80 -
12/15/80
I -D
Secure Implementation Commitments
11/15/80 -
12/15/80
Part II:
Sedimentation Analysis - (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
9/25/80 -
11/28/80
9/25/80 -
12/29/80
9/25/80 -
6/2/81
9/25/80 -
6/2/81
9/25/80 -
6/2/81
3/31/80 - 6/16/81
1/5/81 - 10/30/81
7/1/81 - 10/30/81
7/1/81 - 10/30/81
6/1/81 - 10/30/81
November 1981
10/1/81 - 2/5/82
2/6/82 - 4/6/82
4/7/82 - 5/7/82
Documentation 5/8/32 - 7/8/82
TTT_ 1 AI cic+ in Qnritrinn Tmnlnmon+a+inn rnmmi+mnn+c 11 /1 /4') A 1'1n /0')
Overall Objectives: This task has three overall objectives. They are:
To develop an 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.
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 imphemented'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 subtasks,
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
Part I: _ Earl_Action and Interim Control Plan
This task shall be conducted, at minimum, by accomplishing the following
work:
SUBTASK I -A: Investigate the feasibility of and estimate -the effective-
ness of the following sedimentation 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 to 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 subtask I -A.
30 copies of this memoranda shall be submitted to the
cities and SCAG.
SUBTASK 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 sedimentation control
for Newport Bay within implementation 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 considera-
tion in the final selection of the interim/early action plan.
The plan is to be developed in conjunction with the inter-
agency 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, Pro osition 2 State Assistance
Program. This task would (1� prepare the engineering project
report describing feasible engineering alternatives, costs
estimates, time schedule for implementation, and preliminary
design of s.ediment control facilities, and ('2) prepare
a report of other interim/early action sedimentation controls.
The Cities shall provide to the consultant a list of available
funds and the consultant shall then devise a proposed method
for financing the recommended plan,
Output: An engineering project report for subtask I -R. Thirty (30)
copies of a draft report and one hundred (100) copies of the
final report shall be prepared and submitted to SCAG.
A-3
n `)
SUBTASK I -C: The Cities/contractor shall prepare any necessary environmental
assessment for the recommended interim/early action plan. Such
assessment(s) shall be in the form of an environmental impact
report pursuant to CEQA requirements. SCAG, 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.
Output: Environmental Documents pertinent to the project recommended
in subtask I -B.
SUBTASK I -D
Output:
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
consultant.
Management agency agreements committing the appropriate
agencies to implementation of the recommended plan.
Part II: Sedimentation Analysis
f _..
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.
SUBTASK II -A: Hydrologic Analysis. This task would (1) provide a data
summary and statistical analysis of historical streamflow and
precipitation records, (2) develop appropriate drainage maps, (3)
provide a frequency analysis of stormflow events utilizing the SCS
TR -20 model for the 10 -year, 25 -year, 50 -year and 100 -year
recurrence interval stormflows for appropriate design storms for
f,:othill canyons, major tributaries and at the San Diego Creek at
Campus Drive gaupin4 station as necessary to perform the fluvial
analysis and sedimentation 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.
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 USGS.
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" = 2000', 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.
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.
A - r%
Output:
Technical memorandum documenting study including:
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.
SUBTASK II -B: Geomorphologic Analysis. This task would provide a description
of the formational 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 sedimentation in Upper Newport Bay. This
task shall be conducted, at minimum, by accomplishing the following
work:
1. 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 developments which influenced the
sedimentation 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.
c. Identify the general land use characteristics of the watershed
from the arrival of European culture that may have impacted the
sedimentation processes in the bay.
A-6
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 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.
Output:
1. Development map and description of the evolution of (1) land use
of the San Diego Creek watershed and (2) Upper Newport Bay water-
shed basin change (size and location).
2. General sediment delivery analysis describing the changes in the
sediment production process and depositional areas in the
watershed and to the bay.
3. Technical memorandum describing the formational history
of the bay, including maps and historical photographs, as
available.
4. Hydrographic map showing flow paths of the San Diego Creek
Watershed and historical maps/photographs showing the change
in the hydrography.
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.
SUBTASK II -C: Sediment Source Analysis - Existing and Projected. This
task would estimate the sediment 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 USGS
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 long-term sediment yield data in similar,
nearby catchment areas
e. Soil surveys (SCS)
f. Erosion estimates from various land areas that may be
available from the Orange County Resource Conservation District.
2. Collect 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 1980/1981 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 sub -
watershed. 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
the relative impact of sediment in irrigation tailwater caused
by improper leveling and long irrigation runs.
A-8
b. Estimate future land use change for the year 1990, 2000 and
ultimate build out utilizing the SCAG-78 growth forecast policy
as translated to the San Diego Creek Watershed, use of local
general plans and development plans.
4. Compute 10 -year, 25 -year, 50 -year and 100 -year stormflow, average
annual sediment production potentials and estimate particle size
distribution 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.
�. Agricultural areas using the following procedure:
(1) Utilizing Soil Conservation Service Soil Surveys, prepare
soils and 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 dislocation
and overland flow; both of which are affected by land conditions.
(2) Map agricultural subarea drainages and assess erosion
potential for the l -year, 10 -year, 25 -year, 50 -year and
100 -year stormflows,
c. Channel erosion b 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 cross -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 al'l 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,
Output:
Data compilation and summary report
2. Land Use Maps for source areas including drainages and other
pertinent information
A-9
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".
SUBTASK II -D: Sediment Delivery Analysis. This task would determine the
sediment flow at the major gauging sites in the basin for the same
recurrence interval stormfiows 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 al*l 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.
2. Collect Watershed/ Channel Data
a. Collect supplementary field samples and analyze for particle
size distribution and estimate volume of sediment in' channels
at various locations in the watershed through reconnaissance
level surveys.
b. Other data as appropriate.
3. Analyze Historical Gauging Station Flow and Sediment Discharge
Records
a. Evaluat.e and prepare appropriate graphs and analyses describing
the relationship of streamflow with sediment discharge for
suspended and bed load, with and without sand hreaks for data
from USGS gauging stations in the.watershed (San Diego Creek at
Sand Canyon Avenue, San Diego Creek at Campus Drive, El Modena -
Irvine Channel at Myford Road).
b. Supplement historical depth -integrated sampling measurements
of suspended load for the above stations by analyzing the re-
lationship 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 streamflow 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.
6. Investigate 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.
Output:
1. Data Compilation and Review Memoranda
2. Technical Memoranda on :historical gauging station flow and sediment
discharge 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 USGS measured flows.
6. Technical memoranda describing the sediment delivery process of the
watershed and its drainage channels.
A-11
SUBTASK II -E: Sediment Transport, Deposition and Scour in Newport Ba
This task would provide an ana ysis of the transport of flow and
sediment discharged 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
discharge, 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:
1'.. Compile existing data
a. Collect available data from the University of California, Irvine,
Water Resources Laboratory on sediment cores, depositional
survey data in the bay and particle size water column data.
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.
2. 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 sedimentation data in the bay
to determine depositional areas and particle size distribution.
c. Collect any other data deemed necessary for this task.
3. Evaluate 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 transport 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.
A-12
c. Evaluate OCEMA studies on tidal flow and tidal prism volume
estimates for sedimentation in Upper Newport Bay.
Output:
1. Data compilation and review report
Technical memoranda describing the sediment deposition, scour and
transport characteristics of San Diego Creek discharges for
various hydrologic conditions and existing and projected watershed
land use into and through Newport Bay.
SUBTASK II -F: General Audience Report. This task would prepare a
summary on the Sedimentation Processes (Task II) for 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, sediment 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.
A-13
Part III: Comprehensive Stormflow and Sedimentation Control Plan
This task shall be conducted, at minimum, by accomplishing the following
work:
SUBTASKS III -A thru III -D: Development and Performance Analysis of
Alternatives and Assessments. This task is to develop the erosion
and sediment control alternatives, perform detailed engineering
feasibility analyses and assessments on the alternative systems
developed. Alternatives to be evaluated would be developed and
defined by preparing descriptions, concepts, locations, layouts,
sediment reduction effectiveness, cost analysis, institutional
financing analysis and environmental assessments of the alternative
components. These would include the following system components,
either separately or in combination:
1- Downstream Engineering
a. Sedimentation basin adjacent to the San Diego Creek northwest
of Campus Drive around the IRWD sewage treatment plant, with
necessary protection works for the IRWD facility. Alternative
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
plana area in Upper Newport Bay.
d. Other possible sites, including the area between Jamboree Road
and MacArthur Boulevard.
2. Valley Engineering
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: Channels below Sand
Canyon Reservoir, Bonita Canyon, channels below foothill
control basins, and other valley channels.
A-14
(-1 r_1\
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
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 Pourer 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 the
Orange County will be coordinated with this work program to
ensure consistency and to avoid duplication of effort. The
review under the 208 program will be limited to their sedi-
ment reduction capabilities." Following this grant condition
all pstream ngineering for the canyons proposed for
control by the County - Irvine Company program shall be
incorporated into this report. No substantive or duplica-
tive work shall be undertaken on these basins; excepting
for evaluations 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.
5. Based on the above effectiveness and feasibility analyses of the com-
ponent 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 sedimenta-
tion basin at the site adjacent to the IRW O 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-15
Fngineering feasibility, 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 for recurrence intervals up to the
100 -year event for 1980, 1990, 2000 and ultimate land use and by
particle size distribution), environmental impacts, 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 stormflow at the desilting basins 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:
1. Technical Memoranda describing the alternative components 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 description of the system, how it works and maintenance re-
quirements, when it can be implemented, its costs, effectiveness in
reducing sediment discharge to Upper Newport Bay, financing of the
system alternatives components and sources of funds, and environmental
impacts. This memoranda shall be a detailed technical analysis of the
system alternatives.
3. Draft General audience report to be used for public review purposes
for selection of the preferred alternative. This report shall 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 1" = 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 quantitative
data for each alternative component (i.e., costs, size, control
effectiveness, etc.). In addition, a public review summary - comment package
A-16
:! 7
(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.
SUBTASK III -E: Technical Review and Refinement. This task would provide
for the technical review of draft products prepared under Subtasks
III A -D 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 refine-
ments. The contractor will then finalize these memoranda and
reports.
Outputs:
1. Comments on Technical Memoranda and Reports
2. Finalized Technical Memoranda and Reports to be made available to
the public and interested agencies.
SUBTASKS 111-F: Plan Alternatives and Draft Environmental Impact Report.
Utilizing the Draft General Audience report prepared on the alter-
natives developed in Subtask III 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
200 copies reproduced. This report shall include those elements
described in Subtask III A -D, Output 3, and shall be limited if
possible to 50 pages. Distribution of the reports to interested
agencies and the public shall be coordinated with the SCAG public
participation tasks. The contractor may be required to distribute
the reports to a mailing list to be developed by SCAG and the
Participating Agencies.
Output:
General Audience Report on Stormflow Sediment Control Alternatives
with appropriate fold -out maps, photographs, and public review
summary -comment attachment. (200 copies).
SUBTASK 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 alternatives (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
Fnvironment Committee, and before the local elected officials and
A-17
management lev( personnel in the Newport Bay , a, 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 prepared to assist the media in coverage
of the alternatives. A public hearing will be held on the
alternatives.
Output:
1. Public and Agency presentations
2. Public and Agency comments
3. Press Releases and other informational aids
4. Public Hearing on Alternatives.
SUBTASK III -H: Review Comments and Prepare Responsiveness Document. This
task will review all comments received, prepare a responsiveness
summary and make recommendations based upon these comments.
Output:
1. Compilation report of all comments received
2. Responsiveness Summary to comments
3. Recommendations Based upon the comments.
SUBTASK III -I: Prepare Recommended Plan and Final Environmental Impact Report.
A recommended plan shallbprepared based upon the alternatives
developed and output of Subtask III -H. This pian shall be more
detailed than the alternatives, specifying the specific project
proposals and management practices, their implementation schedule,
costs and financing/implementation/management plan. An
accompanying environmental 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).
2. Environmental Impact Report (200 copies plus original).
3. Executive Summary of Recommended Plan (500 copies plus original).
SUBTASK III -J: Assist in Securing Implementation Commitments. 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:
1. Implementation Commitments
2. Management Agency Agreements A-18
APPENDIX A III Eudret
=ENCY: CITY OF NEWPORT BEACH AND CITY OF IRVINE
SUBS ITT7D:
"ISE PERIOD COVERED:
DATE APPRC': ED :
FY 79-80
Authorized
Budget
Budget
Revisions
ork
-asl:s
8015.01 for 65,000
=Zrts I IIFl
_ I
FAX IMUM
=L IGIBLE
COSTS
l • • T 7
r,] °UTI
100,000
APPEjNDIY, A.IIIBud�:e=
CITY OF NEWPORT BEACH AND CITY OF IRVINE
- SUB'*;171 -D:
PERIOD COVERED:
DATE
FY 80-81
Authorized
Budget
c-1
�ev`:sior's
'ork
_uSks
3115.01 Part TrA-IIF. Part III 252,000
i
-
i
I -
•_IGIBLE
"STS 252,000
v ,,
�I EUTI OP` 130,000
382,000
ATTACHMENT N0. 2
A G R E E M E N T
THIS AGREEMENT is made and entered into this "day
of , 1980, by and between the CITY OF
NEWPORT BEACH, 'a municipal corporation, hereinafter referred to
as "IRVINE," and the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "NEWPORT BEACH."
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 (SCAG) 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, THEREFORE, IT IS HEREBY AGREED as follows:
1. NEWPORT BEACH and IRVINE shall:
A. Provide "in-kind" contributions as required in
the SLAG 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
parties shall meet and resolve disputes on a
mutually agreeble basis.
Page 2
O
2. NEWPORT BEACH shall:
A. Receive and retain all funds disbursed by SCAG
r
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 processinq
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
f
determinations on contract administration.
D. Review each document presented by contractors)
under this Agreement to determine whether the
work product is acceptable to both IRVINE and
NEWPORT BEACH, and shall obtain the written
approval of IRVINE as to such work product
prior to such determination. If the work prod-
uct is acceptable, provide written acceptance
Page 3
as provided in subparagraph 2A above. If not
acceptable, review the matter with IRVINE and
r
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.
needed to make the work product mutually
acceptable.
B. Indemnify and hold harmless NEWPORT BEACH and
its officers and employees from any damage or
Page 4
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
ATTEST:
City Clerk
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
By
Mayor
Page 5
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
A Municipal Corporation
Mayor
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