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CALENDAR ITEM

49 03/26/87 8LA 137 R 00286 WP 4960 w 30024 PRC 4735 Gorf ain Lien FOSStllft

APPROVE THE EXECUTION OF A MEMORANDUM OF AGREEMENT

PnRTV: United States Army Corps of Engineers Wa·tcrways Experiment Station

P. o. Box 631 Vicksburg, Mississippi 39180

BACKGROUND: T~e State Lands Cornnii~sioQ and S~gnal Landmark, Inc. (Signal) are parties to a Boundary Settlement and Exchange.Agreement BLA 1!7 covering certain lands in the Bolsa Chica area of Orange County whi~h, in addition to uesting ownership of 327.S acres in the State, would giue the State an additional 230 acres of land prouided that the following major conditions are rriet:

(1) Th.e State obtains suf'ficient funding for construc.tion of the ocean entrance channel within specifi~d time limits.

(2) The ocean entr~n~e channel is completed within specified time limits.

;1y fulfilling the terms of the option agreement, which is also caJ.endared for this meeting for purposes of extending the 11 time 11 coudttions the State would acquire fee ownership of t:1e additional acres. This would allow the State to construct income-producin~ facilities such as a marina and atten~ant comme~cial facil~ties on at lea$t a portion of th• 230 acre~.

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CAlENDAIPACI ~1...,5._.2 __ MINUTE rA.Cif .. 1 Q j' 3

CALENDAR ITEM NO. 4 9 (CONT'Ol

Reuenue from this source, in turn, could be used to offse1•

State costs incurred in constructing and maintaining the ocean entrance and provide reuenue for restoration and continuing maintenance of the ecological reserve presently owned by the State plus an additional 600+ acres to be conveyed to the S~ate pursuant to the Bolsa Chica Land Use Plan conditionally adopted by the Coastal commission in January 1986. it would also create ne,eded public boat berthing and other rec~eational faci1ities for the public.

The proposed construction of the ocean entrance will additionally require an engineering feasibility study and enuironmental review to be perfor~med PY the United Statas Corps of Engineers which would ultimately -o~ involved in the construction of it. The United States Corps af Engi~eers requires that the project hav' a local sponsor to fund and support the feasibility ~tudt~nd project. State Lands Commission participation in tllie "Work for Others Prograr11u llS a local sponsor will enabl~ WES-t~ proceed with the expedited portion of the feasibility study for the ~cean entrance. Hcweuer, such inuoluement does not commit the State to meet any additional f~nanc?-al demands beyond those in the 1973 Boun.dary Agr_~ement . . CURRfNT SITOATtON: The· State Lands Commission at February 17, 1987 maeting autho~ized the executiott of a Reimbur~ement-Agreem~nt"~ith Sign~l. That Agreement, contract Number R00286, which was executed by both parties on February 23, 1987, provides funding to the Commission for costs to be incurred as local sponsor of the "Work For Others Progra~" tp be conducted by WES. The study proposed to be conducted by WES 1s intended to analyze the p~ysical and enuirc~mental effects of a proposed ocean entrance s~stem for the Bolsa Chica Area of Orange Count.y j •

California. The co~t to the State Lands Commission ·to act as the local sponsor will be negligible since Signal will fully reimburse the State for its participation which is expected to cost an estimated $640,000 in addition to State Lands Commissio~ st~ff costs. It should be not9d that completion ·of the 11Wor~ for Others Program" may also ~r~~ide the County of Orange with certain information which :i-t needs to p,_.esent to the Coastal CoHllission in order to gain confirMation 0£ their Land Use Pl•n for the area.

·.,. AB 884: N/A .•

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CALENDAR ITEM NO. 49 (CONT'D)

OTHER PERTINENT INFORMATION:

EXH~BITS:

1. Pursuant to the Commission's deleg~tion of authority and the State CEQA Guidelines (14 Cal. Adm. Code 15061), the staff has determined that this activity is exempt from the requirements of the CEQA under .the general r~le that CEQA applies onl,y W projects which haue the pote~tial n~r causing a significant effect on the environment. The staff b~lieues there is no p~ssibility that this project may haue a significant Jffect on the environment.

~uthor'i'ty: 14 C~l. Adm. Code 1S061(b)(3).

IL 'Site Map. 8. Re~mbursement Agreem~nt.

IT IS RECOMMENDED THAT THE COMMISSION;

1. FIND THAT THE ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO 14 CAL. ADM. CODE 1 so6,~ BECAUS~ THERE IS NO POSSIBILITY T~AT THE ACTIVITY MAY HAVE A'SIGNIFICANT EFFECT ON THE ENVIRONMENT. (14 CAL. ADM. CODE 1S061(b)(3))

2. AUTHORIZE THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE UNITED S'.!.~TES ARMY CORPS OF ENGINEERS WATERWAYS EXPERIMENT STATION, VICKSBURG, MISSISSIPPI SUBSTANTIALLY IN THE FORM ATTAC!IED AS EXHIBIT 11 811 TO CONDUCT STUDIES OF THE PHYSICAL AND ENVIRONMENTAL EFFECTS OF A PROPOSED OCEAN ENTRANCE SYSTEM IN THE SUNSET HARBOR/BOLSA CHICA AREA OF ORANGE COUNTY# CALIFORNIA. .

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Lease and Option Parcel-----v. (230. Acres)

State Parcel--------~ (300.. Acres)

EllHIBIT "A" BLA 137

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EXHIBI'1' "B"

MEMORANDUM OF AGREEMENT BETWEEN

STATE OF CALIFORNIA, STATE LANDS COMMISSION AND

U.S. ARMY CORPS OF ENGINEERS WATEaWAYS EXPERIME~""T STATION

THIS AGREEMENT is entered into this day of , 1987, by and batween the UNITED STATES OF AMERICA represented by the Col'Mlander and Di~ec~or, U.S. Army Corps of Engineers Waterways Experiment Station, Vicl<sburg, ~iasissippi (hereinafter referred to as "WES•), and t~e State of California, State Lands Commission (hereinafter referred to as •·\SLC") •

RECITALS

WHEREAS, Signal Landmark, Inc. is· proposing a new navigable ocean entrance system through State and private property .1.n connection with the development; by Signal Landmark, Inc. o~ a multi-use ·r~sidential, commercial and recreational project including marinas in the Balsa Chica area of the County of Orange, California (hsreinafter referred to as •the Project .. );

WHEREAS, the Cpunty of Orange is preparing a Lana·use Plan, tocal Coastal Proqram (her~inafter ~eferred to as •tUP"). for the Bolsa Chica area in accordance with the California Coastal Act of 1376 for certification br the California Coastal Cormnission;

WHEREAS, in order to com.olY 'With Policy 24 of the LUP (a copy of which is attached hereto as Appendix A), and to satisfy the California Coastal Cotmtission ~equirements for confirmation of the LUP, the U.S. Army Corps of Engineers (COE) must be requested to conduct; certain modeling stur;!ies for the Project;

WHEREAS, th~ SLC has requested WES to analyze information, conduct necessary studies including, but not limited t~, numerical shoreline response mo~ling to exanaine4 among other things, the net longshore transport of littoral material at thG proposed location of the Project and resulting shorelir.e ero:t"'~n from jett.r and possibly near water construction and to a·ssist SLC and others to d~ve~op info~mation to develop a report and plan for the Project ~at meets the criteria set fo~th in Policies 23-27 of the LU# (hereinafter ~eferred to as •the Studies•) which relate to the technical/environmental assessment of a navigable ocean

{l'AGES 152. 4 .. ur2.19 ADDED 03/23/87')

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entrance system as, conditionally ap~roved in the LUP -("Preferred, Alternative") and a non-navigable' ocean entra~ice system as condition~lly approved in the LUP as a secondary alternative .("Secondary Alternative");

WHEREAS, the Corps of Engineers is currently studying the feasibility of constructing an advanced entrance system in the Bolsa Chica area, and determining the extent, if any, of fl.iederal participati,on (hereinafter referred to as "Feasibility, SJtudy")., a portion cH~ which may include modeling studies; and

WHEREAS, WBS is ready, willing Jnd able to 9e~form such S$tVices in a timely manner in accordance Kith ·che schedul~ set forth in Appendi~ B to enable the County of Qrange to seek confirmation of the LUP during the first quatter of 1988.

NOW THEREFORE, in consideration of the mutual covenant and agreements herein contained, the pa~ties hereto do mutually agree as follows: ,

l. PURPOSE OF STUDIES.

It is understood and acknowledged by both parties that all of the studie~ conducted pursuant to this Agreeme,nt are -being .undertaken to: a) ,ssist SLC to e~aluate the . 41t engineeri·ng, environmental and economic feasibility of an ocean · entrance system at Bolsa Chica; and b) p~ovide the County of Orange with i~for~ation necessary ~,o address th,: requt-rements 9f the ~olsa1 Chic~ LUP policies of' o:-'te California Coastal Commission (CCC) ~s set forth in Ap~endix A.

The studies, analyses, ~~~ reports will •lso be made avail,ati'ie to the Corps of Engineers for use in it;s separate, but related, Feasibility Study as ~ppropriate and consist-pt with Federal laws, regulations, and polici~s.

2 • §l'.!ll;>Y AREA •

The 'Study Area shall include the Balsa Chica LUP 1study area and as:so,ciated shoreline, wetlands, and offshore arei'JS of the P.acif!c 01:ean, in particu,lar, tti,.e coastal area lying , between tlia, 1'~1~h!itn Bay Jetties and the Huntington B~ach pier, in compliance with WES eriteria and Corps regulations.

3 • §£2.!!: OF WORK AND SCHEDULE.

HES ,~hall perform work pertaini~g to the Studies ~s specified belc>w and ih Appendix B and Appendix c.

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Xt is undorstQod and acknow~~dged by both p~~tiea tha~ ," each Task trascri:ption includes all .t11ork n~eessar~ to sup•prise,, a&nini·~ter, coordinate, report, revise and conduct all worl\, ,, required to com~lete the work product and ~x~cute all Taskr, to the s&tis!•cti~n of SLC, and that as of the date h•f•of tt• budget outlined in Appendi~ s should be sufficient to cov•r th• costs of all wcrk (-with the exception of work and 1travei­r,;onducted unaer Task 8 bei·ow), inc1udif19 ap~ara:ne•1a "bttf~J:!i' l~al and :state agency pr~,ceedings to pus~nt -an1! 41ppport thtt studies. . -

The parties ac;iree that preJ.iminary study •n4 enalyiS"t<S may lead ~· parties to cqnelude th•t sound engineer~~9 practico ~quires either a ~raatet or a le;:sgr deqre• of d•t• gatherini- ~nd an;tly$is to reach vali4 •nqin••ring conr.:lusioni, about the propo!ted pro;iect. the parti~a therefore ai;~u that the final pro~ucta of the study (Taska l~ 2~ 3, 4, 5, 6, 7, and 8) may, by mutual writt•n eons~nt of th~ p1rtiea, be modified~ as dictated by the result• of such prelim\nary study and analy3ia. -

'1''1• stL.lii.es to be P•~formed by W!S ·•hall include, but· not be limi~ed to, the following tasks:

. Task 1: Jl~elimtna r:r Shar•l.i'U! R9spon1a 1!9dtl.

if!S shall, at a minimum, cond~!:~ the -Lollowi:ng: work: ,,

" 1. · Collect a~d review existin~f wave and ahorelin& .p~ocesse$ data at and adjacent to t~e Project site:

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b. Develop a,,d ealibrat:eJ a 4hor~lfne response pr.edic~ion model to estimate the 1'.~pacts of, and deY-elop mitiqation methods for, the proposed naviq&ble and non-naviqable entrance channels on adjacen~ beaches by use of e:isting data. (This mc5d~,l anal,). be developed in suc::h -.a manner that it can b• run in more det:ai.\ with th4' moce ~~ail.-.! wav, ~ata developed in Ta§kS 2 and 3 ~f ~his scope); - ·

c. Prepare a preliminary report on findings ~n~ present and support f indin;a to local agencies;

"' d. Prepare a Ci-nal report on the rrel1ttd.na.ry Shoreline Response Model study: and

_ eo In performing the studi·~$, the app~ropriat• isl~ntl-atielter-ed Nationa-l M1~ine consultants (!IMC),-- Marine_ Advisor• {MA), and wave Q&itl• dat~ sets shall be used and : moditt.•a to 'ICCQunt for se11ona:l changes in wave climate to ~, devf4tlop i:he initial wa,rs aimul•tion (,tirre ••r1ea) at. .j=h• ,

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Project site. sand mana~ement: techniques-, includin9< .bypa1ain9, naurishment, ana backpa•sinq, shall be considered aa ftleans of rnitigatinq impacts on the adjacent shorelines.

Estimated Completior~ Date: Siz months after the dat• fitat set forth above ("Date 6f Execution of' the AgreementM).

Task 2: -Wave InJormatton,Studies~

WES shell develop, in conjunction with the Wave Information Study ("WIS") , data requi-red to describe the incident island-sheltered northern and southern hemisphere wave' that approach the Bolsa Chica region (Anaheim jetties to Newport Beach entran~e) for ~ twenty-year period and a 10 nautical mile ("n.m.N) qrid. The WIS data Sh~ll include the major storms of January through March 1983. WES sh•ll also develop nearsnore wave data on a 5-n.m. 9ri.d for the Bolsa Chica aite from Anaheim jetty to Newport jtttty if required, al)d provide data at 30-ft de~th fer input to Task 3. Detailed wave transformation studies for up to so days of critica-1 wave CQnditions· on a 1-n.m. grid will be made to define local effects.

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!atim1t11d Complet-ion Date: The wave hindeast 10-n.m. grid atudy will be completea eight months after th• Date of- .~ Execution 'ctf the Agreement. The wave hindcas~ .S··n.m. ·~tid wi.11 -::-.:-. ~ be compl<U.t;ed ten months af_tar thll!t Date of E~·ecution of l;~e , Agreement.

Ta~k 3:. Nave Refraction/Diffraction Analys~ and Numerical r:stf~~ion of t.ongshore Transport.

WES shall conduct wave refraction and diffraction analyses and estimate lonqshore sediment transport potential for the reach of shoreline from Anaheim jetties to Huntington Beach pier, and further downcoast if necessary, ucing the,WIS data. WES shall prepare a report wlth data to be used in a detailed comprehensive shorelin~ response model.

Eatimated Comp~etion Date: Twelve months after the Data of Execution of the Agreement.

Task 4: Comerehensiye Shoreline Respons~ Computer Simulati~n Modeling.

~s •h~ll ~onduct a comprehensive shorelin raspqnse computer slmulatio& model. wES shall, at a minimum, conduct the fol~uwlng work:

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a. Calibrate the existing conditions witb known ·ni'story of beach response and nourishment activities in the :~ach from Anaheim jetties to Huntington Beach pier, and

-f~rther downcoast if necessary;

b. Model both (1) navigabl~ entrance options which include jetties witb and without an offshore br&ak.Water and (2·) a non-navigable entrance and provide comparative analysis of the two entrances;

c. Simulate .sand management ~~ahniques1 including bypassing1 backpassing and nourishment techniques1 that will manage the sand und shoreli"tle fluctuation on adj~cent beaches to mit~~ate the impacts of both the navigable and the :ion-navigable entrance, and provide comparative a,r,alysis of the shoreline impacts of t~e two alternative entrances; and

d. Prep-a+e a detail~d report and present ~nd suppor-t the report before local and stlt,te agency proceedings.

Estimated Completion Date: Fourteen mo~ths after the Date of Execution of t~e Agreement.

Task 5: Tidal Circulation Model. ' , ....

. WES sha11: at ~ minimum1 undertake the- foliowing wor~:

a. Conduct a tidal circulation model gf (-a) a navigab1e and tb) a non-navigable entrance to the propose4 Bolsa Chica marina and wetlands; ·-· -=

b. Incor-porat1! the actual bathymetry and topography in the model;

c. Us.e prototype dsta for calibration of existi,na, conditions, including the Huntinqton Ha~bour complex and G. s. Seal Beach Naval Weapons Stations wetlands (including new wetlands being developed by the Port oi Long Beach);

d. Calculate water sur.face elevations, current velocities, and ph6se differ~u~es at all major features;

• • • e. Include the effect of tide gate structures;

f. Model proposed wetland tide renges and elevations consistent with information to be PfOVided by SLC; and

g. P.repare and support a report on the·~thodology¢ -and findin9s in connection w_ith any local and sta~_ J«Jency proceedings ..

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Estimated Completion Date: Eight months after the Date uf Execution of the Agreement.

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Task·6: water Quality Mo~eling •

Wi:S~hall, at a minimum, unde~take the following work:

a. Assemble and synthesize existing water qua'lity

i:>. Collect and evalua.te wate_r quality data concurrently with tidal elevation and current velocity field studies;

c. Calculat~ transpi:<rt and dispersion of conservative tracers on exi~ting conditions and with proposed navigable and non-navigable ~ntrance channels; and

d. Prepar-e and support a report on this Task in connection with ~ny local or state agency proceedings.

e. Evaluate the q~ality of the present water supply provided by existing conditions in the er.ological reserve with the quality of water to be provided with the proposed ,navigable and non-navigable entrance channels both in terms of water ~ CJU8lity par.amet;ers and water· parcel residence times. 'W

_ Estim~ted Completion Date: The Reconnaisance and Analysis Task will be completed five month's after the Date of Execution of the Agreement. The T~ansport and Di3persion-Task will be completea fourteen months after the Date of Execution of the Agr~cment. ·

Task 7: Physical Model.

WES shall, at a minimum, undertake the following work:

a. Construct, and conduct studies by-use ·Of, a phy's~cal hydraulic model of the proposed .iav·iqable entrance chilnnel and structures to optimize the breakwater and jett:~.· locations, orientation, type, and dimensions; .. .

b. Develop a plan that has acceptable wave climate in the channels and basifis;

c. Qualitatively study the tidal (and flood· f~OtrS from Wintersburg Channel) current circulation patterns anti sedil'l\$ht transport paths in the vicinity of the structures;

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d. Conduct the model at an undistorted scale ranging between l: SO and 1 :'75;

e. Input wave data developed through the WIS program shall be used to develop interior wave climates;

f. WES shall conduct tours of the mQdel and shall maintain the model ready f~r additional testing at no additional charge to SLC for a period of one year after completion of testinq, a~d. thereafter, upon a request from SLC, maintain the model at a cost of a,~proxi.mi\te'ly $10, 000 per year until the space is required for ·Corps studies; and

9. WES shall document its procedures, analyses and findings in a report and shall support the ~eport in connection with any local or state agency proceedings.

In performing this Task, WES shall test designs for the structures consistent with mitigating any adver$e effects on adjacent beaches by reflections off structures and shoaling in the entrance channel. The data shall be used in conjunct.ion witn the comprehensive shore response madei.

Estimated Completion Date: Twelve months after the da~e wave ~ata are availab~e. •

Task·. S: Additional 0

Ser-.tices/'fra~el.

In additio~ to the Scope of WGrk, contained in Tasks 1-7 above, WES shall, on a cost reimbursable basis as aqreed to by the parties, undertake to:

a. Conduct add.itional limit~d studies or rt'!view at the requ~st of SLC;

b. Attend and participate in m~etings as designated by SLC. The cost of such meetings shall be reimbursed to the extent that it e~ceeds the amount budgeted for such purposes in the original Sco~e of work, including four 3-day trips te California, averaging four persons each; and

c. Any other tasks not within the scope of th~ ~resent Agreement, and with written ~greement and con~ent of both parties.

funding for any work or travel und~r this task-~ill' be provided to WES by SLC prior to initiation of w.or.k or travel.

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4. RESPOKSIBILITIES OF WES.

WES shaJ.·l:

a. Perform all work described in the Scope of Work and in Appendix B ~nd in Appendix C and "ill use its best effort to compl~te each individual task within the budget and time frames set fqrth her~in. Although WES is not now aware of any events or conditions which would prohibit or interfere with their performinq ~he work within the time period and costs set forth herein, it is recognized that WES cannot war-rant or guarantee that such can be accomplished within these constraints. In this reqard, WES also agrees to promptly notify SLC Qf ~ny potential delays o~ increase in c~sts which may be f oteseen or encountered during the progress of ~he wor~. ~t is further understood and agreed that thera will be no in~rease in cost or extension of time for completion without the ~ress written agreement of both parties.

b. Coordinate all work closely with SLC a~d appointed repr~~entatives to ensure the timely completio~ 9f. the Studies. WES ~hall; at a minimum, perform th~ followin~:

(l) Pr¢vide monthly status reports to SLC on each ~ask; •

· (2>. Provide ~onthly statements as required by Paragraph 6 indicating the expenditure of funds for the pri9r month and the. amount remaining in che authorized budqet for compl~ting the work;

(3) Devote its best effort to ~ake Jvail~ble any and all petsonnel necessary to ensure th~ tim~ly completion of the tasks aft<l studies; . ,

.. "·' (4) Devote its ~est effort _to ma~e ava-!.·lable any and

all personnel for meetings with SLC and its appointed representatives whic~ may be ~equested from time to time by SLC and its appointed representatives; and

(5) Provide 'for the timely review of. all comments received from SLC and its appointe~ representatives op ~nY and ~11 WES work and respond to the concerns cexpres~ed by SLC and its appo.in~ed representatives.

(c) Within two weekz of execution of the MOA, WES' · shall provide the SLC with a proposed Study Management Plan as Qtµ;lined in Appendix c.

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(d) WES numerical modeling results shall be provided in a graphical format, when possible, ta aid understanding of the findings. WES shall provide photographic documentation of physical model test results including 35mm color slides, black and white still photog~aphy, and 3/4 and 1/2 inch video footag& of model testing. All photographi~ documentation shalt be appropriately i·dentif-ied, and ~ wri.tten narrative provided, so that it is suitable for presentation at public meetings, etc.

5. RESPONSIBILITIES OF SLC.

SLC shall:

a. Provide funding for each Ta·sk as set forth in Paragraph 7 of this Ag~eement;

b~ Furnish al1 data avaiiable which may be of beneficial use to wES;

c. Coordinate all work necessary fo.r the completio.n of tl:e Studies with WES;

d. Provide background infozmation and guidance on alternative~ to be studied;

e. Review all· 11:1onthly status ·reports., monthly budget ~tatements, Preliminary Reports (as defi-ned in Paragraph 7.a.) and any and all o:~her reports or information that mmy be pr~par.ed by WES in perf orma~ce of the Studies and provide to WES comments, revisions, crtticisms an~ suggestiotls on these documents on a time.ly basis;

f. Review, reject o~ approve, as applicable, all final repor.ts pt'epared and· submitted by WES. In the event SLC rejects a final report,. WES shall make e~ery reasonable effort to revise said r~~ort to the satisfaction an4 approvai of SLC at no extra cost to SLC; ·

q. Assume responsibility for keeping other public agencies includin9 the County of Orange and state agencies., and the principal landowner (hereinafter collectively refetred to as "Local Interests•) and federal agencies informed regarding the WES work. This responsibility shall include provid~nq to the Local Interests cop~es of draft and fi~al re~~rts, and meeting with the Local Interests on a tegq.lar basis to discuss the status of the w~s work;

h. Retain consultants, at its dtscretion, to assist in coordinating and reviewing.the WES Studies~-

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i. Ensure that HES r~akes its best effort to complete· the Studies within the time an~ budget set forth in Appendix B and Appendix c; and

j~ W.ithin one week of execution of the MOA, SLC shall sul;Y.&it to Mjs a· ~etailed dese~iption of project alternatives f~rt a navi~able entrance to be analyzed in this study. The SL¢ shall submit project ~lternatives for a non-navigable ~~~~ance in SU'~f igient ti.me as not to delay WES• s study of th~ non-navigable al·tetnatives,.

COST. 6. Best efforts will ·be employed to as.sure th.at all Tasks

described in the scope of work are comple~e~ within the budget amounts set forth in Ap_pendix a. The costs ~nd Scope of work shall not be revised except upon written appr~val by both SLC

at1d WES.

7. BILLING INSTRUCTIONS.

a. Upon execution of this A~reement and prior t9 the commencement of Studies, SLC will provide to WES the sum of money designated in Appendix B for the first ~hase (Phase I, Appendix B) of work. SLC understands that WES cannot proceed with ~9rk .prior to r~ceipt of funds, an~ that a~y delay in recei,vin9 funas beyond one week after sicjning of the MOA or one wee~ after initiation of a new Phase may impact the work

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schedule given in Appendix B. ·

b. Each Phase, as that term is usad in this Agreement, shall consist of three calendar months. Pha3e l shall commence on the Date of Execution of the Agreement a~d

,. ternt.\nate three mo~ths thereafter. c. WES shall perform the Studies in acco~dance wi~h 1

the Task Schedule in Appendix B. It is understood by both parties that in any given month, several Tasks or portions of Tasks rnay be perf~rmed concurrently by WES.

d. WES shall provide to ~LC within ten day~ after the end of the preceding month the following information and documents regarding the status of the Studies on a monthly basis:

l. A r2port summarizing the ~9rk ~~nducted for each sep~rata Task item; and

2. An itemized invoice of the actual costs incurred for each Task conducted during the month as

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described in the report described in,~a~a~raph d.l. above.

e. SLC shall review the monthly reports &nd mQ._nthly invoices for each Phase, and based upon such review shall? in· its discretion, provide the f~nds designated in ·Appendix B for the next Phase of Studies prior to t~e commencement date of the ne~t Phase.

f. At the completion of each Task, WES shall_provide to SLC a report summarizing the work performed as part of each ~ask as described in the Scope· of Work and the information d~V't:~d (hereinafter referred t~ as .. Preliminary Report .. ).

g. The amount designated for payment in each Phase of Appendix B is based upon WES's calculations of the costs t.o be incurred in performing each of the Tasks. Any mon~es not spent at the conclusion of each Phase, sh.~11 be carried fc;>rward and zredited to the ne~t Phase of Studies. Any monies rt"3t spe??:t by WES at the completion of all the Studies shall be refunded t& SLC.

h. The SLC will mak~ the payments to WES b~ checks ~~ade payable to the Finance and Accounting Offic&r, Waterways ~;xperiment Station,: Corps of· Engineers., P.O. Box 631, ·1''.icksburg, Mi.ssissippi 39180-0631. A photocopy of the check ~(hall be sent by SLC to the WES l'roj~ct Manager. ·

i. All billings and notices- described above will be se1nt to the State of California, State Lands Commission, 1807 -13th Street, Sac~ramento, California 958l4 and shall include a reference to WJ0029.l/R0028G. · ·

8. ~-

This Agreement shall be effective on the Date of Execution of the Agreement.and shall continue in full force and effect through the 30th day of S~pternber, 1988, unless termin~ted earlier in accordance ~!th the provisions of Par~graph 13 of this Agreement.

Tbe ~cm of this Agreement may be extended only by ~he mutu~l consent of the parties nereto as deemed reasonably necer&sary for the performance of any obligations hereunder.

WES agrees to prosecute all work under thi"S-A~£eement contj:iUousiy and diligently, and employ its best effort to compl~r WLth the schedule and budget set forth in the Scope of

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MINUTI PAGI 1 D ~ z

Work and Appendix B and Appendbc c. WES sha1ll ba responsible 9 for thu ;supervision and inspev:tion of, and the tcchnica.l accur.acy and coordiuat·ton of ~11 data and work pursuant to thi5 Ag;:ee."f13n;:, and shall prt;·duce a .product satisfying the requirem~nts cont~inen herein and meeting professio~al standuds of quality and methodology whic?\ can be used fcu thfil purposes describ"4 in &a,raqraph l. WES shaLl promptly ·and £ull·y cor:rect (a} errors in i.t~ work und<!l' its· control and (b) i:ft"tise its t"epo;-ts approi\)J:ia·~ell.y in accordance with t.he standa·rd:s cc--nta.i~ed in this Agreement without any additJ .. onal com~&nsation f t'O"l SLC and shall remain liable in accord~nce with applicable law (FeCeral Tort Cl~ims Act) for its , ·uegligenr;e in performance of any services under this Agreement::.

'·O. fot..."'MORANDUM REPRESENTATIVES.

The fo~ lowing individuals are designated as "eroj'ect. Manaiaer under this Agreement for their respective parties.

SLC

WES

Daniel Gorfain, MS, .P:l, AICP State Lands Connission 1807 4 13th Street ·s,.cramento,. C~lifor~LB 95814 Phone (916) 322-7829 .. Steven A. Huqhes, PhQ, PE 1.T,S. Army Corp~;;0f Engine•rs-Waterways -Ex~&iment Stati~n P.O. Box 631 Vicksburg, Mississippi 39180-0631 Phone (601) 634-2026

The following individuals are designated as Altern3tes for tbe PrQj~ct "anagers li3t:'t:!d abov~.

SLC Lances. Kiley, J.o., PE, LS State Lands Cdnntss.ion 1807 - 13th St~eet Sacr~mento, California '95814 Phone (916) 4~5-1012

~yn~ell z. Hales, PhQ, PE U.S. Army Co.rps of t:ntJJ.neers Water~ays Experiment Station. P.O. Box 63•1

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Vicksburg, Mississippi 39~8~-0631 Phone (601) 634-3201

Should any of these in~ivi.dua'l.s become unava~lable ·~ durin; the period of perlormance, par~onnel o'f equi<val·ent

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capabil~ty ~h~ll be assigned to the PrQje~t, subjtK:t to Nrit:ten notice to the other party.

11. !.,ELEASE.

To the extent permitted by ~aw, the SLC shall ~old and save WES, it$ officers, aqents, and v..mpl.oyaes., harmles.~ from liability of any nature or kl1nd, far or on account of a;. ... cl•im' for tl..:mages that may arise e'ither before, durinc;, or after th• prosecution of the work, except through the fault or negligence of w.e:s.

12. OFFICIALS HOT TO BENEFIT.

No meml>er of Gr delegate to Congress or re1id11nt commissioner 1shall be admitte4' to a1ny share or p~rt of this ~gresmtin~ or to any benefit t~at may arisG therefrO'dl.

13. TERMINATION.

This Agreement may be terminated by SLC prior to th~ completion of the Studies as described in the Scofe of Work effective upofi written. notice to ~s pursuant to Paragraph 16. Should termination occur, WES shall be r"imbursud for a·ll reasonable costs incurred to the date of termination and for the costs incurred by WES in terminating- the work. Should WES default in the performance of work listed in ~aragraph 3 above, SLC shall notify WES of the default in writing and grant WES fiftr:,--:n days to take corrective action after the receipt of ~aii..1 ~1otice. If WES fail~ to correct the default, SLC shall have the right to ~mmediately termina~e this Aqreement.

14. ASSIGNABILITY.

. Thi$ Aqreemen~ ::;z not be assigned in whole or in part by e\ther ~ittY without the prior wtitten c9nse~t of the otner p~rty. HES may with the prior approval of SLC, subcontract po~t~ns of the work to qualified individuals.

15. MERGER.

This Agreement and the appendices attached here.to, including a detailed breakdown of the technical work outlined in Paragraph 3 to be provided at a ~ater date, embody the en~ire agreement af ttte parties. There are no promises, conditionm, or obligations rcfarring to tbe subject m5tter, other than those t;ontaine4 herein or incorporated herein by reference.

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16,. NOTICE,.

All notices and demands which any p~ty is requi~ed or desires to qive to th~ other party shall be given in writing to the individual at the address set forth in Paragraph 10· and shall be effective upon receipt.

17. RECORDS.

Upon five working days• notice, the WES records relating to !ts costs shall be av~ilable for audit by Ste· in the WES office in Vicksburg, Mississippi. Said audit shall take place only during regular business hours of WES. ~ayment of costs by SLC 5hall not constitute a waiver of its rights to ~qdit nor an acknowledgment by SLC of the validity of the costs that have b6en paid. Notning herein shall be deemed to Tequ·ire WES or .any consultants or subcontractors it may engage, to maintain book~, records, or documents other than thosa usually maintained by them, provided that such booku, records and: documents reasonably segregate and identify the cost for which payment is requ·ired hereunder. As used herein, •tres r~cor.~s· include any audit of any Aonsultant or subcontractor th3t may 'be engaged by WES in the p~rformance of the Studies undr~ this Agreement.

18. POTENTIAL CREDIT FOR SLC EXPENDLTURES.

Results of model stu~ie~ conducted under this - Aqreement may be utilized fo'~ other feasibility and desiqn studle~ which may culminate in a Federal Project. In such an event, the SLC intends that app~opriate related SLC casts and expenditures be con~idered for credit against the non-Federal cost sharing responsibilities of any ~uch Federal studies andJor projects. aowever, i~ i~ understood th1t such detetmination and/or approvals lie outside the sco?e of, this Aqreement and that WES has no authority whatsoever to ma~e such determination.

l9 • FINAL REPORT.§.

All Qreliminary inform~tion, results, analysis, or reports prepared by ~S pursuant to this Agreement shall be provided to Ste fo~ dissemination. Accordingly,-prior to ·wnal publication and pu~lic release and subject to compliance with appli~&ble law~ WES may, with the written eonsen~ of-SLC, divulge to or discuss with other parties any information, results, analys·irJ, or reports prepared as part of the Stuclies. This Paragraph shall survive tt!rmination of this Agreoment: or t:he provision of services hereunder.

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IN WITNESS HEP.EOF, the parties hereto have e*ecuted this Agreement as of the day and year first abova-written.

i"ES OF AMERICA

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BY THE uNITED

command@r a~ Director u.s. Army corps of Engineers waterways Experiment St~t~on

BY THE STATE OF CALIFORNIA

Executive Officer State Lands Coaanission

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APPENDIX C

gruo~ MANAGE..'tENT PLAN

WES shall provide that fol'lowing management information to

SLC: a. Management Structure:

(l) A listing and organization of WES's study management teem.

(2), interim ~ilestones and the associated peliverable products.

{3) A schedule for monthly progresa reports.

(() SLC review ~nd approval cycie for each delivered product..

(S) Interrelationship and dependence among tasks and sub3tasks.

(6} P~t.tcedure for adherence to budg~t, schedcle and m?int;enance of qual_ity control.

(7) Anticipated schedyle a"d location of meetings between WES and sx,c to discuss progress and present ~esults. It is s~c·s responsibility under the Agreement to coo~dinate with WES the sche~u·ling of l\\eetings with members of the genetal public or Loc~l Interests ~o~cern~ng the work and of· WES's attendan~e at such public meet..ings or hearing~.

b.. Person!!,..ttl,: A l.isting and organization of all study personnel, incl~di~g their resume~, role in the st~~y, ~nd propoaed level of effort.

c. Final Stuuy Report:

A preliminary detai~ed outline of the fin~l study r-.eport, includiwg a brief d~scripti'on of n·ll appendices, if any.

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