HomeMy WebLinkAboutS24 - C-3485 - Newport Island Channels Water Circulation Evaluation0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S24
November 26, 2002
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949- 644 -3311
rstein @city. newport- beach.ca. us
SUBJECT: NEWPORT ISLAND CHANNELS WATER CIRCULATION EVALUATION
- AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST INTERNATIONAL CONSULTANTS, INC.
RECOMMENDATION:
• Approve Amendment No. 1 to the Professional Services Agreement with Everest
International Consultants, Inc., of Long Beach, California, for Water Quality Circulation
Evaluations at a contract price of $39,830 and authorize the Mayor and City Clerk to
execute the Agreement.
DISCUSSION:
The Orange County Health Care Agency's weekly testing has identified Newport Island
Channels and Newport Dunes Lagoon as water bodies periodically exceeding
standards for indicator bacteria. In 2001, the City received $500,000 in grant money
from the State of California's Clean Beaches Initiative (CBI). The City spent a portion of
the grant money installing filters and screens in catch basins in the West Newport area.
Water quality already appears to have improved in the Newport Island Channels due to
these installations.
The City also looked into ways to improve water circulation and mixing, in the Newport
Dunes Lagoon and Newport Island Channels. Both of these areas receive dry- weather
runoff, have significant bird populations, and are characterized by little water exchange.
Some hypothesize the poor water exchange stagnates the water, leaving it poorly
aerated and inhibiting the die -off of bacteria that typically occurs when the bacteria is
• exposed to sunlight. The poor circulation and mixing also may provide an environment
for algal growth that is a food source for the waterfowl that can contaminate surface
waters.
SUBJECT: NEWPORT ISLAND CHANNELS WATER CIRCULATION EVALUATION - AMENDMENT 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. '
November 26, 2002
Page 2
Earlier this year Everest International Consultants, Inc., (Everest) investigated methods •
to improve circulation and mixing in Newport Dunes Lagoon and the Newport Island
Channels, primarily focusing on the performance of an innovative floatation device
called the 'InStreem' circulation unit. The investigation included installation of
demonstration units to allow monitoring of unit performance. (At City Staff direction, the
Newport Island Channel field monitoring was performed and is an extra task described
in Attachment A, Task 1.) Everest verified the InStreem unit does in fact provide
significant circulation improvements and provides a method to flush out the stagnant
waters found in Newport Dunes Lagoon and Newport Island Channels. The results of
the investigation were presented at the World Ocean Conference held this September
in Santa Barbara. Other agencies are now looking at the feasibility of the InStreem
unit, including the County of Ventura.
However, the InStreem unit was viewed by residents around Newport Island Channels
as a potential hazard to navigation within the narrow channels and a noise and light
nuisance. While Staff believes these concerns can be mitigated, the community has
requested that other approaches be investigated. Staff has therefore proposed an
alternative approach using submerged pumps to improve circulation. At Staffs request,
Everest has done some preliminary research and determined the use of horizontal
submerged pumps is feasible. To be cost effective, this investigation will be limited to
identifying an appropriate pump that could fit under a dock, performing a numerical
analysis to initially check if meaningful improvements in water circulation and mixing
can be achieved in Newport Island Channels, and preparing a summary report. The •
summary report will include monitoring results from the Instreem Circulation Study.
Because of the specialized analysis needed for this project and because of the scrutiny
it will receive by the CBI review board, there are only a few consultants in the country
that have the expertise needed for this project. Everest International Consultants, Inc.,
specializes in coastal, estuarial, and river design using advanced computational tools to
devise constructible solutions. Everest has successfully completed similar circulation
studies for other cities in Southern California, as well as the Army Corps of Engineers,
the Port of Long Beach, and the Port of Los Angeles. Everest was selected to propose
on this project because the firm has local experience and a proven ability to provide
solutions to difficult technical questions.
Environmental Review:
Not applicable. No facilities will be installed on a temporary or permanent basis.
Public Notice:
No formal public notice is required. However, an information letter will be sent to the
homeowner associations.
40
SUBJECT: NEWPORT ISLAND CHANNELS WATER CIRCULATION EVALUATION - AMENDMENT 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC.
November 26. 2002
Page 3
• Funding Availability:
Funds for this project are available in Account No. 7251- C5100598 (Clean Beaches
Initiative Projects).
Prepared b�yi
t�-- h'ddCNTC � -d,uv_
Robert Stein, P.E.—
Project Manager
Submitted
Badum
rks Director
Attachments: Amendment No. 1
Agreement
Council Memo, February 12, 2002
•
is
by:
e.
City Manager
AMENDMENT NO. 1
TO •PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST INTERNATIONAL CONSULTANTS, INC.
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this 27th day of November 2002, by and between the CITY
OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
Everest International Consultants, Inc., whose address is 444 West Ocean Boulevard,
Suite 1104, Long Beach, California (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS:
A. On February 12, 2002, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT', to provide is
engineering services for the Waterways Circulation Improvement Project, hereinafter
referred to as "PROJECT'.
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect
additional services not included in the AGREEMENT or prior AMENDMENTS and to
extend the term of the AGREEMENT to December 31, 2003.
C. CITY desires to compensate CONSULTANT for additional
professional services needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 1" as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated November 13,
2002, attached hereto. •
N
2. Total additional compensation to CONSULTANT for services
• performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty -nine
thousand, eight hundred thirty and 00/100 dollars ($39,830.00).
3. The term of the AGREEMENT shall be extended to December 31,
2003.
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
• APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
LaVonne Harkless
City Clerk
•
CITY OF NEWPORT BEACH,
A municipal corporation
W
Mayor
City of Newport Beach
Consultant
ffim
Print Name
f: \users\pbw\shared\agreements \fy 01 -02 \everest- amendment no. t.doc
Exhibit A
11
November 13, 2002
Bob Stein
Principal Civil Engineer
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658
N0V ^ 5 iQi1
Subject: Proposal for Circulation Improvement Studies for Newport Island
Channels
Dear Bob:
Thank you for contacting Everest International Consultants, Inc. (EIC) to submit this
proposal to continue our service in helping the City of Newport Beach (City) to seek a
solution to improve water circulation at Newport Island Channels. Past and ongoing •
efforts included a feasibility study to evaluate the effectiveness of InStreem Units to
enhance water circulation, as well as the installation of a reduced size InStreem Unit at
Newport Island Channels for demonstration. During the InStreem demonstration, local
residents have raised concerns about InStreem regarding potential interference with
boat traffics and noises. Hence, at the end of the demonstration, the City decided to
stop all ongoing studies regarding the installation of InStreem Units at Newport Island
Channels, and to seek other alternatives to improve water circulation.
Initial investigation indicated the use of submerged pumps may be technically feasible
and at the same time acceptable to local residents. The City hence retained EIC to
assist the City to develop a work plan to further develop this concept. After reviewing
the work plan submitted by EIC via e-mail on October, 8, 2002, the City requested EIC to
submit this proposal to evaluate the possibility of employing submerged pumps to
enhance water circulation at Newport Island Channels.
Per your request, for completeness, in addition to the new scope to evaluate the use of
submerged pump at Newport Island Channels (Tasks 2 and 3), we have also
summarized the ongoing task (Task 1) that EIC are working on in this proposal.
t_Qf 4��.,x^ZE3 � ,Ni' •'" 9 V y icy '11-' � iv r�r.a € �i Yp N"i IN •
La. e_� 3�J :i,` - =3 1 ':`` a �L'.I'�l .4 ���11 .l.t, yst .�';•U c'1�� 3 [X:•6�. � �y tl1:1 C.
Bob Stein
November 13, 2002
Page 2 of 4
•
SCOPE OF SERVICES — COMPLETED
Task 1 — InStreem Demonstration Monitoring
1a. Develop and Coordinate Field ,Pro ram
Develop a field program to monitor the changes in water circulation and turbidity levels in
the vicinity of the InStreem Unit. Assist and supervise field data collection. It is
envisioned field data collections will be conducted over three days — one day before the
installation of InStreem, and one day each during the two weeks of the demonstration.
The first day will be used to try out the instruments and work out the logistics for data
collection. In addition, grab samples of channel sediments will be collected for grain size
analyses and laboratory testing for metals. During the operation of the InStreem Unit,
velocity and turbidity measurements will be conducted.
Coordinate testing of the collected sediment with the test laboratory
1b. Perform Hydrodynamic Modelinq and Analytical Analyses
Perform RMA2 modeling to determine the changes in local circulations during operation
• of the InStreem Unit. Since the exact flow rate of the InStreem Unit is not known, a
range of flow rates covering the most probable flow rate provided by the vendor will be
used as input to the RMA2 computer model. The numerical model results will be
compared with filed measurement described in Task 1a to determine the probable flow
rate of the InStreem Unit.
Based on the changes in channel velocities with the InStreem in operation and grain size
distribution of the bed sediment determined under Task 1, analytical analyses will be
performed to evaluate potential bed scouring and sediment suspension.
1 c. Meetings
Three meetings with the City are anticipated for this study to discuss the work plan,
prepare for the field work, coordinate the installation of the Instreem Unit and discuss
findings.
is
Bob Stein
November 13, 2002
Page 3 of 4 ° --
SCOPE OF SERVICES — NEW
Task 2 — Evaluate and Demonstrate the Use of Submerged Pumps at Newport
Island Channels
2a. Strategic Planning
Meet with vendors or engineers experienced in the design and installation of submerged
pumps in marine environment to discuss the possibility of using submerged pumps at
Newport Island Channels to improve water circulation. Develop a work plan describing
the different phases of studies and design requirements to implement the installation of
submerged pumps at Newport Island Channels.
2b. Site Visit and Site Map Preparation
Perform a site visit with the City engineer, local residents, and other stakeholders to
identify possible locations for installation of submerged pumps. The engineer from
Enartec (subconsultant to EIC) will examine each possible location to see whether it's
technically feasible for the installation of a submerged pump, and the sizes of pumps
that can fit into each location.
Prepare a site map identifying all possible locations for pump installation that are is
technically feasible and acceptable to local residents and other stake holders.
2c. Feasibility Study
After the site visit, Enartec will prepare a letter report to EIC identifying the schematic
pumping concept and to describe appropriate type and style of pump suitable for the site.
Based on the pump layout and specification, perform numerical modeling to check
whether a "meaningful" improvement in water circulation and mixing can be achieved at
Newport Island Channels. The numerical modeling approach and effort will be similar to
those used in earlier InStreem evaluations.
Task 3 — Summary Report
Prepare a report summarizing the results of the InStreem demonstration study described
in Task 1; as well as the objectives, methods, findings, and recommendations of the
feasibility study of using submerged pumps to improve circulation at Newport Island
Channels described under Task 2.
C
Bob Stein
November 13, 2002 Exhibit B
Page 4 of 4
•
•
•
FEE
We propose to provide the services described in Tasks 1 and 2 on a time and materials
basis, with a final fee not -to- exceed $30,830 without prior written authorization from the
City. The cost breakdown per task is shown below.
TASK
FEE
EIC
Subconsultant
Total
{j Completed Scope (Previously Invoiced)
1. InStreem Demo. Monitoring $8,300 $700 $9,000
New Scope
2. Evaluate Submerged Pumps $17,640 $5,990 $23,630 -i
2a. Strategic Planning $1,800 $1,800
2b. Site Visit & Site Map Preparation
$1,280
$1,050
$2,330
2c. Feasibility Study
$14,560
$4,940
$19,500
3. Prepare Summary Report $7,200 $7,200
Total (New Scope- Tasks 2 and 3) j $30,830
SCHEDULE
Based on our current staff utilization, we will submit a draft report within ten (10) weeks
upon receiving the notice -to- proceed contingent upon the City can arrange a site visit
within two weeks.
Please contact me by email at yingpopn @everestconsultants,com or by telephone at
(562) 435 -9308 if you have any questions regarding this proposal. Thanks for inviting us
to work on this interesting project.
Sincerely,
EVEREST INTERNATIONAL CONSULTANTS, INC.
� �L�r
Ying -Keung Poon, Sc., P. E.
Vice President /Principal Engineer
Everest International Consultants, Inc.
Rate Schedule
Everest International Consultants, Inc. will provide professional services at the
following rates effective July 1, 2001.
Staff Category
Hourly Rate
Principal Engineer
$125
Senior Engineer II
$120
Senior Engineer 1
$100
Engineer
$88
Assistant Engineer
$76
Staff Engineer
$66
Technician /CAD Operator
$56
Clerical
$40
Other Direct Costs
Unit Rate
to in
Bond
$1.00 /s.f.
Vellums
$1.50 /s.f.
Mylars
$2.50 /s.f.
Copying /Binding
8.5 x 11 copy $0.08 /ea.
11 x 17 copy $0.25/ea.
Binding (Reports) $1.50 /ea.
Transportation
Personal Car (Mileage) $0.34 /mile
Other Protect Related Expenses
Other expenses are invoiced at cost without mark up.
Subconsultant Services
Subconsultants are invoiced at cost plus an agreed mark up.
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February 12, 2002
CITY COUNCIL AGENDA
ITEM NO. 8
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: WATER QUALITY CIRCULATION EVALUATIONS - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL
CONSULTANTS, INC.
RECOMMENDATION:
Approve a Professional Services Agreement with Everest International Consultants, Inc., of
Long Beach, California, for Water Quality Circulation Evaluations at a contract price of $34,000,
and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
• In 2001, the City received $500,000 in grant money from the State of California's Clean
Beaches Initiative (CBI). CBI allocated $35 million statewide for structural improvements and
limited studies that would reduce the number of beach postings (where beach waters have
exceeded State standards for three indicator bacteria) and beach closures (where health
officials know or suspect a sanitary sewer overflow). A special review board, consisting of
experts from local health and sanitation agencies and representatives of both the State Water
Resources Control Board and Regional Boards, reviews CBI projects.
The Orange County Health Care Agency's (OC HCA) Environmental Health Division tests
Newport Bay at 35 places 1x/week for the three indicator bacteria. The Orange County
Sanitation District (OCSD) tests Newport Beach's ocean beaches 5x/week along the Balboa
Peninsula and off of Corona del Mar. OC HCA tests along the shoreline from Big Corona
southward as well, but 1x1week.
OC HCA's testing program shows that the 43rd Street, 38°i Street, and 33rd Street testing areas
(see the map that follows) along Newport Island within the Bay exceed State standards for
bacteria so often that they are "chronically" posted as being potentially unsafe for swimming. A
second area, Newport Dunes, has less chronic problems with bacteria but had frequent
postings in 2000 and 2001 during prime swim season.
•
SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest
February 12, 2002
Page 2
OC HCA's Weekly Testing Locations
in Newport Bay
Sant Ana- elhi Channel
\, J mEore. R.d
a.r. DI" B
ter
. .... .
.Marrshh'::'.':::..
f�
i ne I
D. Mu
c.n. "
lPU.n.d)
Drain
PCa B6dn-
ha.na
B.Ih.. PewnnD. A. .e
Ne�p.K %er ya r.l.aE
r.� Alvarado
it I�1� Ij Be Isle
Pacific Ocean
Dpp.r L%1 d
m. N. r...
viaaw w.
II Barn
Launch
Canyon Wash
S'h.11 .k.r ❑lend
y Dr. Pipe
u M,E,W,N'
.poK C:r.ea
� x Ave.
. tai.. ark Ave.
gum -- -- - - - - -- arbor Patrol Beach
Corona Dal Mar Drain
N St. Beac '
�' Rocky PL Beach
These areas both receive dry- weather runoff, have significant bird populations, and are
characterized by little water exchange. Some hypothesize that the poor water exchange
stagnates the water, leaving it poorly aerated and inhibiting the die -off of bacteria that typically
occurs when the bacteria is exposed to sunlight. The poor circulation also may provide an
environment for algal growth that is a food source for the waterfowl that can contaminate
surface waters.
r,
U
•
•
SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest
February 12, 2002
Page 3
• A promising solution to decreasing algal growth would be to increase circulation within these
water bodies. Increasing circulation from Newport Bay into these water bodies would:
• Eliminate the stagnation problem by reducing the residence time
• Break up stratification of water layers within the lagoon
• Aerate the lagoon over the total height of the water column
• Prevent algal bloom events by shortening the residence time
• Promote the growth of algae eaters, e.g. rotifers, by increasing the dissolved oxygen
• Control odor problems by oxidizing hydrogen sulfides in the sediments
Circulation can be improved using horizontal pumps, aeration, or other types of horizontal flow -
inducement systems. One promising system Ise floating flow- inducement device manufactered
by a company called "InStreem" that provides flow via ten discs that rotate at low speed without
sharp impellers and would not endanger swimmers or aquatic life. The manufacturer has
volunteered to install a demonstration unit in Newport Dunes Lagoon for a trial period.
The review board for CBI has asked us to conduct a detailed flow and aeration study of the
Dunes and the Newport Island channels before awarding us money for aeration- and flow -
based capital improvements for these areas from the CBI grant. They have indicated that they
plan to support CBI funding of the Study itself if the Study's scope analyzes a variety of
alternatives so that it will be useful across the state where similar water quality problems exist.
Some Council members will recall that the City reviewed a Newport Island Water Quality
• Improvement Preliminary Feasibility Study in June 1999 (see Attachment B) done by Cash and
Associates and Tetra Tech. That study -- which looked more at project alternatives than at
hydrology and engineering -- reported that Newport Island's problems included:
♦ Nutrient Loadings
♦ Circulation Restrictions; and
♦ Elevated Temperatures
Because of the specialized analysis needed for this project and because of the scrutiny it will
receive by the CBI review board, there are only a few consultants in the country that have the
expertise needed for this project. Everest International Consultants, Inc., (Everest) specializes
in coastal, estuarial, and river design using advanced computational tools to devise
constructible solutions. Everest has successfully completed similar circulation studies for other
cities in Southern California, as well as the Army Corps of Engineers, the Port of Long Beach,
and the Port of Los Angeles. Everest was selected to propose on this project because it has
local experience and could provide the required analysis within two months. We believe that
the consultant's fee of $34,000 is reasonable.
The scope of Everest's professional services (as outlined in the Professional Services Agreement
— Attachment A) will include:
Newport Dunes Lagoon
1. Review and analyze existing available data including wind, currents, tides, and bathymetry.
• Review water quality data to identify areas with high pollutant concentrations to help
formulate effective water circulation improvement alternatives.
2. Develop a numerical model to evaluate water circulation at Newport Dunes and determine
residence time.
SUBJECT: Water Quality Circulation Evaluations — Approval of Professional Services Agreement with Everest
February 12, 2002
Page 4
3. Recommend and evaluate alternatives that can improve water circulation at Newport Dunes •
including the use of mechanical devices to enhance flow, as well as modifications to existing
structures (e.g. floating docks) that interfere with flow.
4. Provide recommendations for locating a demonstration flow circulation unit that will be
installed by the manufacturer.
5. Attend meetings and prepare a final report with recommendations.
Newport Island Channels
1. Use a numerical model to simulate the existing flow conditions in the channels around
Newport Islands and with mechanical circulation devices. Provide recommendations for
locations for circulation devices.
2. Design a field program to collect flow information and assist City staff on where and how to
collect field data within the Harbor.
3. Analyze collected data and compare with model results.
The City would be responsible for providing bathymetric and wind data, boats, current meters,
and other instruments necessary for the fieldwork, as well as personnel to conduct the
fieldwork.
Funds for this project are available in Account No. 7251- C51200596 (Clean Beaches Initiative
Projects).
Respectfully submitted,
G
•
Dave Asst. City Manag
By:
Rert St in,
ob P.E`'`�
Project Manager
Attachment A: Professional Services Agreement for Everest
Attachment B: Newport Island Study (June 1999)
•
• PROFESSIONAL SERVICES AGREEMENT WITH
EVEREST INTERNATIONAL CONSULTANTS
TO PROVIDE ENGINEERING SERVICES FOR
WATERWAYS CIRCULATION IMPROVEMENT PROJECT
THIS AGREEMENT, entered into this day of 2002, by
and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to
as "City "), and Everest International Consultants, Inc., whose address is 444 West Ocean
Boulevard, Suite 1104, Long Beach, California 90802, (hereinafter referred to as
"Consultant'), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
• now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement Waterways Circulation Improvement Project
( "Project ").
C. City desires to engage Consultant to provide engineering services as shown in
Exhibit "A" upon the terms and conditions contained in this Agreement.
D. The principal member of Consultant for purpose of Project is Dr. Ying -Keung
Poon.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
contract with Consultant under the terms and conditions provided in this
• Agreement.
-1-
0
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the day of
2002, and shall terminate on the 31 st day of December 2002, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this •
Section and the scheduled billing rates set forth in Exhibit 'B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
thirty -four thousand dollars ($34,000).
3.1 Consultant shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is billed on
an hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice. •
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• 3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance with
the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses, which have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such cost shall be limited and shall include nothing more than the following costs incurred
by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the terms
and conditions of this Agreement.
• B. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultants
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional standards.
All services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Consultant represents to
City that it has or shall obtain all licenses, permits, qualifications and approvals required of
is its profession. Consultant further represents that it shall keep in effect all such licenses,
-3-
permits and other approvals during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City, contractors,
or governmental agencies, or any other delays beyond Consultant's control.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
L�
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute Consultant or any of Consultant's employees or agents to be the agents or is
employees of City. Consultant shall have the responsibility for and control over the details
and means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies, which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER is
ME
• Consultant shall assign Project to a Project Manager, who shall coordinate all phases
of Project. This Project Manager shall be available to City at all reasonable times during
term of Project. Consultant has designated Dr. Ying Poon to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
• will continuously furnish the necessary personnel to complete Project on a timely basis as
contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
Consultant shall perform the services in accordance with the schedule shown in Exhibit "C ".
The failure by Consultant to strictly adhere to the schedule may result in termination
of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be
responsible for delays, which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for Project, each party
hereby agrees to provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
• writing to the Project Administrator not later than ten (10) calendar days after the start of the
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condition, which purportedly causes a delay, but not later than the date upon which •
performance is due. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays, which are beyond Consultant's
control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in
the most expedient and appropriate manner under the circumstances by telephone, fax,
hand delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure that
Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT •
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or are
desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold
harmless City, its
City Council,
40
boards and commissions, officers and employees from
and against any
and all loss,
• damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement, excepting only the active
negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or
to enforce the terms of this Agreement.
13. INSURANCE
• Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the term of
this Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with City
prior to exercising any right or performing any work pursuant to this Agreement. Except
workers compensation and errors and omissions, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured for all
liability arising from Consultant's services as described herein.
Insurance policies with original endorsements indemnifying Project for the following
coverages shall be issued by companies admitted to do business in the State of California
and assigned Best's A -VII or better rating:
• A. Worker's compensation insurance, including "Wavier of Subrogation" clause,
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covering all employees and principals of Consultant, per the laws of the State •
of California.
B. Commercial general liability insurance, including additional insured and
primary and non - contributory wording, covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other form
with a general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance, including additional insured
and primary and non - contributory wording, covering any owned and rented •
vehicles of Consultant in a minimum amount of $1 million combined single limit
per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services, to be
performed in connection with this Agreement in the minimum amount of one
million dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted arising
out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work. 40
• Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City,
on behalf of any insurer providing workers compensation, comprehensive general, and
automotive liability insurance to either Consultant or City with respect to the services of
Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any
• of the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without consent
of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or more
of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
• reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection
N
with this Agreement shall be the exclusive property of City. •
Documents, including drawings and specifications, prepared by Consultant pursuant
to this Agreement are not intended or represented to be suitable for reuse by City or others
on any other project. Any use of completed documents for other projects and any use of
incomplete documents without specific written authorization from Consultant will be at City's
sole risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultants deliverables under this Agreement by City or persons other
than Consultant is waived as against Consultant and City assumes full responsibility for such
changes unless City has given Consultant prior notice and has received from Consultant
written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish reports
concerning the status of services required under this Agreement. •
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one copy
of all existing record information on file at City. Consultant shall be entitled to
rely upon the accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule. is
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• 18. ADMINISTRATION
The Public Works Department will administer this Agreement. Bill Patapoff shall be
considered the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his authorized representative shall represent City
in all matters pertaining to the services to be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City during normal business hours to
examine, audit and make transcripts or copies of such records. Consultant shall allow
• inspection of all work, data, documents, proceedings and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work for a
period of thirty (30) days from the date of withholding as a result of such withholding.
Consultant shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
• 21. ERRORS AND OMISSIONS
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In the event of errors or omissions that are due to the negligence or professional •
inexperience of Consultant which result in expense to City greater than would have resulted
if there were not errors or omissions in the work accomplished by Consultant, the additional
design, construction and /or a restoration expense shall be bome by Consultant. Nothing in
this paragraph is intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from is
making, or participating in making, decisions that will foreseeably financially
affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior
written approval of City. is
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• 25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or on
the third business day after the deposit thereof in the United States mail, postage prepaid,
first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
(949) 644 -3311
Fax (949) 644 -3318
is All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Dr. Ying -Keung Poon
Everest International Consultants, Inc.
444 West Ocean Boulevard
Suite 1104
Long Beach, CA 90802
Phone: (562) 435 -9305
Fax: (562) 435 -9310
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof
at the time and in the manner required hereunder, that party shall be deemed in default in
the performance of this Agreement. If such default is not cured within a period of two (2)
days, or if more than two (2) days are reasonably required to cure the default and the
• defaulting party fails to give adequate assurance of due performance within two (2) days
-13-
after receipt by defaulting party from the other party of written notice of default, specifying •
the nature of such default and the steps necessary to cure such default, the nondefaulting
party may terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City. •
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant. is
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• 30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding or
market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in responsible charge of the work. City agrees that Consultant shall not be liable
for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse
is by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or
readability of CADD data due to inappropriate storage conditions or duration; or (c) any use
by City, or anyone authorized by City, of CADD data for additions to this Project, for the
completion of this Project by others, or for any other project, excepting only such use as is
authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of such CADD
data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the
City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
• Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent,
-15-
trademark, or copyright infringement, including costs, contained in Consultant's drawings
and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
EVEREST INTERNATIONAL
t:luserslpbWahared\agreements \ty 0l -02leverest - waterways circulation improvement.doc
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•
• EXHIBIT &W
SCOPE OF SERVICES AND ASSUMPTIONS
Task 1 — Newport Dunes Lagoon Circulation Study
Task 1.1 Data Review and Analyses
Review and analyze existing available data including wind, currents, tides, and
bathymetry. Review water quality data to identify areas with high pollutant
concentrations to help formulate effective water circulation improvement alternatives.
Task 1.2 Evaluate Existing Condition
The RMA2 model developed by the U.S. Army Corps of Engineers will be used to
evaluate water circulation at Newport Dunes. A coarse numerical model grid covering
the entire Newport Harbor and Upper Bay area will first be used to determine the
changes in tidal response between the harbor entrance (ocean) and along the channel
near the entrance to Newport Dunes. A finer numerical model grid incorporating detailed
bathymetric features as well as other structures that may affect water circulation at
Newport Dunes will then be used to evaluate detailed circulation patterns within Newport
Dunes. Existing water circulation patterns at Newport Dunes will be evaluated for
• different tide and wind conditions.
Based on the circulation results, the residence time at Newport Dunes will be determined
with a simple analytical model. The residence time will be used as the basis for
evaluating the performance of circulation improvement alternatives discussed in Task 3.
Task 1.3 Alternative Development and Evaluation
Based on the results of Task 2, recommend and evaluate alternatives that can improve
water circulations at Newport Dunes. Alternatives may include the use of mechanical
devices to enhance flow at various locations within Newport Dunes, as well as
modifications to existing structures (e.g. floating docks) that interfere with flows.
Detailed flow circulation at Newport Dunes will be evaluated for each alternative with the
RMA2 model. Potential impacts of proposed alternatives to flow around existing
structures such as the footbridge and floating docks will also be addressed. The
changes in residence time within Newport Dunes under each alternative will be
calculated and compared with existing conditions to assess the level of improvement in
circulation.
Task 1.4 Meetings and Report
Attend a kick -off meeting to discuss the scope of work, approach, study method, and
data availability. Upon completion of the study, a draft report summarizing the approach,
assumptions, methodology, and findings will be prepared. Meet with the City to discuss
is the findings in the draft report and address comments from the City. Prepare a final
report incorporating comments on the draft report.
Task 2 — Newport Island Channel InStream Evaluation
Task 2.1 Identify Location for InStream
Meet with the City to define the objective(s) for the first InStream installation along the
Newport Channel. Set up the RMA2 numerical model grid to cover the entire Newport
Harbor. Use the RMA2 model to define existing tidal flow conditions within the harbor
under various tidal conditions. Based on the specification for the InStream unit provided
by the vendor, simulate the change in flow conditions along Newport channel and other
Harbor locations with the placement of the InStream unit at different locations. Based on
the model results, recommend the location to install the InStream unit that would have
the best chance to meet the objectives of the study.
Task 2.2 Field Data Collection and Evaluation
Design a field program to collect flow information with and without the InStream unit
being turned on to evaluate the performance of the unit in enhance flows in the Harbor.
Direct City staffs where and how to collect field data within the Harbor. Analyze
collected data and compared with RMA2 numerical model results. Information gathered
from the field study will be used to help "calibrate" the RMA2 model so better modeling
can be performed for Newport Dunes.
Assumptions
1. Bathymetry data for Newport Harbor, Upper Bay area, and Newport Dunes will
be provided by the City.
2. Drawings for existing storm drains, footbridge, and floating docks are available
and will be provided by the City.
3. Nearby wind data are available and will be provided by the City.
4. Boats, current meters and other instruments necessary for the field work will be
provided by the City or others.
5. The City will provide personnel to conduct the field work.
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Exhibit "B"
Everest International Consultants, Inc.
Rate Schedule
Everest International Consultants, Inc. will provide professional services at
the following rates effective July 1, 2001.
Nam
David Cannon
Ying Keung Poon
Margaret Lee
Chimin Chian
Anne Sturm
San -Yu Wang
Sherilyn Kimura
Other Direct Costs
Plotting
Bond
Vellums
Mylars
Copying /Binding
8.5 x 11 copy
11 x 17 copy
Binding (Reports)
Staff Category
Principal Engineer
Principal Engineer
Principal Engineer
Senior Engineer II
Senior Engineer I
Engineer
Staff Engineer
Transportation
Personal Car (Mileage)
Hourly Rate
$125
$125
$125
$120
$100
$88
$66
$1.00 /s.f.
$1.50 /s.f.
$2.50 /s.f.
$0.08 /ea.
$0.25/ea.
$1.50 /ea.
$0.34 /mile
Other Project Related Expenses
Other expenses are invoiced at cost without mark up.
5ubconsultant Services
Subconsultants are invoiced at cost plus an agreed mark up.
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Newport Island Water Quality Improvement
Pr nary Feasibility Study
oftow-
June 30, 1999
Prepared for.
City of Newport Beach
Public Works Department
3300 Newport Boulevard
P.O. Box 1768
Prepared by:
Cash & Associates
5772 Bolsa Avenue, Suite 100
Huntington Beach, CA 92649 -1134
Tetra Tech, Inc.
348 W. Hospitality lane, Suite 300
San Bernardino, CA 92408
TC 10491
Newport Island Water Quality Improvement •
Preliminary Feasibility Study
1.0 Introduction — Over the past several years, residents around Newport Island and
along the adjoining channels (North Channel, Rivo Alto, and the Rialto) have been
concerned about water quality within the waterways. Primarily, the concerns have
focused on objectionable odors, algae growth, elevated coliform counts, reduction in
dissolved oxygen, and reduction of water clarity. The objective of this preliminary
feasibility study is to assess water quality problems, and to identify viable alternatives
that could alleviate the public concerns and improve overall water quality. The
alternatives identified have been developed on a conceptual basis and are presented in
this report for review by the City of Newport Beach, Public Works Department.
2.0 Problem Assessment — The project area consists of the waterways surrounding
Newport Island, west of the Newport Blvd. Bridge, and is approximately 18 acres in size.
With an average tidal range of 4 feet, the tidal prism is estimated at 61.3 acre -feet. This
western -most water area has only one connection to the rest of Newport Bay, under the
Newport Blvd. Bridge. The water is relatively shallow, with the majority of the depths
ranging from 0 to 7 feet below mean lower low water (MLLW) and an average depth of
about 5 feet. The majority of the dry weather and storm water runoff west of Newport
Blvd., south of the Pacific Coast Hwy, and north of the beach is diverted to these
channels. These flows transport contaminates, debris and other constituents that •
contribute to overall water quality problems.
The main causes for the decline in water quality in sheltered bodies of water can be
summarized as follows:
Nutrient Loading — Non -point source pollution from water runoff (both storm and dry
period flows) is the major cause of water degradation. Contaminates include fertilizers,
animal and pet wastes, organic debris, car wash detergents, and local water fowl
droppings. These nutrients (especially phosphorous and nitrogen) enhance aquatic plant
growth and cause algae blooms with the correct amount of sunlight. After plants die, they
decompose along the bottom and shallow areas of the channels. This plant
decomposition uses the available dissolved oxygen in the water column. This in turn
begins to stress the remaining aquatic system causing objectionable odors and reduction
of water clarity. Animal and bird wastes are likely the main cause for elevated coliform
levels.
Circulation Restrictions — Generally, adequate flushing of a body of water will help
alleviate water quality problems by diluting the nutrient concentrations, raising oxygen
levels, and removing stagnant water. As a general rule for tidally- influenced bodies of
water, the replacement of one -third of the available tidal prism per day should
significantly help in maintaining adequate water quality. Due to the configuration of the
channels surrounding Newport Island, flushing of this area is severely constricted by the •
long narrow waterways and the single outlet. In addition, the numerous boat slips and
anchors perpendicular and along the channel edges trap any floating debris or algae. The
Newport Island Water Quality Improvement Study
• narrowness of the channels and the lack of open area is not conducive to the transfer of
oxygen from the air to the seawater that would be typically seen from wind -blown
surface wave action.
Elevated Temperatures — The shallowness of the channels with the sloping sides and the
restricted circulation allow the water temperatures within the channels to increase
significantly above typical ocean water temperatures. It is likely that the water
temperatures within the channels are 2 to 5 degrees warmer than the ocean or the
adjoining Newport Bay. This warmer environment is conducive to enhanced aquatic
plant growth and subsequent decomposition.
3.0 Description of Viable Alternatives — This type of water quality problem has
become common in urban areas that use embayments for the discharge of runoff. The
City of San Diego had a similar problem with the back portions of Mission Bay. For
several months of the year, certain portions of the bay would be closed to the public due
to high levels of conform and general water quality degradation. After several studies,
the long -term solution implemented at Mission Bay was the installation of a system
where contaminated low flows (dry weather and storm related) were diverted to the local
sewer system for treatment by the local publicly owned treatment works (POTW). This
approach has proven effective and has significantly reduced closures of the bay. The
City of Los Angeles is now taking a similar long term approach for improving the water
• quality in Santa Monica Bay. Other alternatives are presented below.
Alternative I —New Tidal Inlet: There have been some suggestions that constructing a
new tidal inlet connecting the channels directly with the ocean would improve the water
quality. The inlet would be a 80 to 100 feet wide trapezoidal channel with side slopes
approaching 1- veritcal to 3- horizontal from a —4 feet MLLW to +8 feet MLLW.
Constructing such an inlet, however, would be economically and environmentally
infeasible. The major reasons are:
• Up to 20 existing homes would need to be purchased (estimated between $5,000,000
to $10,000,000) and demolished by the City in order to construct the inlet between
42 0d and 38h Street. Additional home and business relocation costs may also be
required.
• The required environmental studies and report in compliance with CEQA and other
environmental laws would take 1 to 2 years to prepare and cost between $500,000 to
$1,000,000.
• Two bridges would be necessary to maintain access along the beach; a major traffic
bridge for Balboa Blvd. and a pedestrian bridge on the land side of the beach.
(estimated between $2,000,000 to $4,000,000)
• The inlet would require constructing rock slopes to protect it from erosion and two
major rock jetties for stabilization purposes, potentially affecting the adjoining beach.
(estimated between $1,000,000 to $2,000,000)
June 30, 1999
Newport Island Water Quality Improvement Study
•
• There would be some objections by environmental groups and government agencies
to the discharge of seawater of marginal quality and high coliform levels near beach
areas used by the public.
The tide range and current velocities would significantly increase within the channels.
This could require improvements of all existing boat docks and anchorage to account
for higher tides and stronger currents.
The cost for constructing the inlet could easily approach and surpass $20,000,000.
Therefore, several other alternatives have been developed which would be viable and
more cost effective overall. These alternatives are described in the following paragraphs.
Akernative 2 - Mechanical Connection to the Turning Basin: This alternative is based on
discharging relatively better quality water from western area of Newport Bay (referred to
as the Turning Basin) into the stagnant reaches of the channels. The system would
consist of 4,800 feet of 14 -inch plastic pipe laid 2 to 3 feet under the sediment,
approximately as indicated in the attached map. The inlet and pump works would be
placed along the western edge of the Turning Basin in western Newport Bay and receive
power from local land base sources. The system would be able to discharge up to 6.6
million gallons per day to assist in flushing the channels. The pump works would have
five 20 -hp pumps that could be operated individually or concurrently, depending on the •
needs for water quality improvements. The discharge points would be at the ends of the
Rivo Alto channel and at the intersection of the Rialto and Rivo Alto channels. The
discharged points will have diffusers to minimize local disruptions. This system allows
the combination of variable flows (at optimum pump characteristics) and various
discharge points. The flushing of the channels could then be fine tuned depending on the
problem areas.
Alternative 3 - Direct Connection to the Pacific Ocean: Instead of constructing an inlet
to assist in flushing the channels, it is feasible to have a direct connection to the ocean
using a series of culverts. For this feasibility study, these culverts were sized based on
the assumption that there is positive hydraulic head between the ocean and the channels
of at least three feet for 3 to 4 hours per day. This scenario is probable because this area
of the bay would have a tidal time phase lag in high and low tides, as well as a muted tide
range, due to its distance from the Newport Bay entrance channel. Additional studies in
tidal characteristics and circulation would be required to confirm this assumption. _
However, based on this assumption, a set of three 24 -inch culverts (each at least 1,400
feet long and as shown in the attached map) could exchange up to 7.5 million gallons per
day. The channel end of the culverts would have one -way valves installed that would
only allow ocean water to enter the channels. Maintenance requirements for the one -way
valves would include frequent inspections and cleaning to ensure proper working
conditions.
Alternative 4 - Solar Powered Aeration Units: Options for improving water quality other is
than flushing the area include water treatment systems. This alternative uses a series of
June 30. 1999
Newport Island Water Quality Improvement Study
• floating units that recirculate water while injecting atmospheric air in to the water
column, thereby increasing the amount of dissolved oxygen. Increasing the oxygen
levels will aid in maintaining water clarity and minimize odors, as well as lowering
coliform numbers. The units require relatively small motors (2 to 5 hp) and inject air
using a venturi injector. These systems can be powered using solar power technology,
which allows them to be extremely mobile and transportable. Units could then be moved
and temporarily anchored at problem areas for quick response to water quality concerns.
•
•
Alternative 5 - Enhanced Maintenance Activities: This a]temative is an approach to
enhance existing operation and maintenance activities in the channels to improve water
quality. It includes; I) more frequent dredging operations to remove organic material and
sediments along the channel bottoms (every 3 to 5 years), 2) installing low -flow
diverters at the larger storm drains in the area, 3) physically removing aquatic growth and
floating debris on a scheduled basis (2 to 4 times a month or as necessary), and
4) implementing a public education program to assist in maintaining water quality.
4.0 Analysis of Alternatives — The above alternatives are presented below in a
matrix format to summarize the advantages, disadvantages, relative costs /timeframe, and
maintenance parameters for each.
Alternative Comparison Matrix
Alternative
Advantages Disadvantages ' Cost/Timeframe Maintenance
LNew Tidal Inlet
Most flushing and
Changes in tidal
$20M +/
Low to Moderate
circulation
range/currents,
4 to 5 years
enhancement,
very capital
No energy needs.
intensive, and
home relocations
2. Mechanical
Ease of overall
High energy needs,
$750k to $ LOM/
Low to Moderate
Connection to the
construction.
Some disruption
1 to 2 years
Turning Basin:
Variable flushing
during const., and
rates, and
Dependent on
Various discharge
Newport Bay
points.
water quality.
3. Direct
No energy needs,
Difficult ocean
$2.OM to $3.OM/
Low to Moderate
Connection to the
More
construction,
1.5 to 3 years
Pacific Ocean:
environmentally
High capital costs,
acceptable.
Addition studies
are needed.
4. Solar Powered
Movable units
Visual and noise
$500k to $750k/
Moderate
Aeration Units:
easily to relocate,
impacts,
1 to 2 years
Low cost energy
Does not help
needs,and
circulation, and
Operates best
Provides localized
when most needed.
improvement onl .
5. Enhanced
Flexible/phased
Labor intensive,
$150k to $200k/yr
Moderate to
Maintenance
implementation,
Part of long term
Annual event
High
Activities:
Some immediate
approach, and
benefit.
Requires special
equipment.
June 30. 1999
Newport Island Water Quality Improvement Study
5.0 Recommendations — Based on a review of the alternative comparison matrix, it •
is recommended that the City of Newport Beach further develop Alternative 2
(Mechanical Connection to the Turning Basin), Alternative 4 (Solar Powered Aeration
Units), and Alternative 5 (Enhanced Maintenance Activities). These alternatives are
considered the most viable because they can be implement quicker and are relatively
more cost effective. In addition, these alternatives can be implemented in a phased
approach. As an example, portions of Alternative 5 (such as the aquatic plant/debris
removal and periodic dredging) may be initially implemented and their impacts
monitored, with Altemative 4 and/or other portions of Alternative 5 implemented at a
later date, if found necessary.
is
11
June 30, 1999
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