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HomeMy WebLinkAboutC-1798 - Maintenance dredging of West Newport Channelsr CITY OF NEWPORT BEACH CALIFORNIA May 17, 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1798 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Description of Contract Maintenance Dredging of West Newport C6amals Authorized by Resolution No. 8731 , adopted on Effective date of Contract March 24, 1976 March 22, 1976 Contract with Orange Cmmty, Dapartnant of Harbors, R"chaa & Parka Address Santa Ana, CA Amount of Contract 50S (Up to and not exceeding $20,000) i II i I l ljl RESOLUTION OF THE BOARD OF SUPERVISORS OF i ORANGE COUNTY, CALIFORNIA �i 31 April 13, 1976 On.motion of Supervisor Riley, duly seconded and carried, the 51 following Resolution was adopted: 6` BE IT RESOLVED that Resolution No. 75 -535 is hereby amended to i ('authorize the use of Dana Point Harbor Tidelands funds to fund the Newport �iHarbor West Newport Channel Maintenance Dredging Agreement. f 9 BE IT FURTHER RESOLVED that the Chairman of this Board is hereby 10 authorized to sign the Newport Harbor West Newport Channel Maintenance 11,Dredging Agreement dated March 24, 1976, on behalf of the County of Orange i 12 with the City of Newport Beach for County financial participation in 13 maintenance dredging of portions of the West Newport Channels of Newport 11 II Harbor, and the Clerk of this Board is directed to attest to same. „r ° z ' 1 S I 0�0 W V U 1 w 16 II u I LL 0 � a 00 o I- V 18 19 I 20 AYES: SUPERVISORS THOMAS F. RILEY, RALPH B. CLARK, ROBERT W. BATTIN,I LAURENCE J. SCHMIT, AND RALPH A. DIEDRICH 21 NOES: SUPERVISORS NONE 22 ABSENT: SUPERVISORS NONE 23 24 STATE OF CALIFORNIA ) es. 25 COUNTY OF ORANGE ) 26 I, WILLIAM E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that 27 the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 13th day of 28 April 1976 , and passed by a unanimous vote of said Board. 29 IN WITNESS WHEREOF, I have hereunto set.my hand,and seal this 30 13th day of April 1976 . 31 WILLIAM E. ST`.JOHN County Clerk and ex- officio Clerk 32 of-the Board of Supervisors of Resolution No. 76 -479 Orange Count California 4DW:dk Agreement /Maintenance Dredging pal R2_32 Rw ort Harbor West Newport B �p C) C annel /City of Newport Beach y .: :' eputy 4 by and between the CITY OF NEWPORT BEACH, a municipal corporation- hereinafter referred 5 to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of. 6�, California, hereinafter referred to as "COUNTY." 7I� RECITALS: A. CITY has determined that sedimentation has occurred in the West Newport 9�1 10�Channels of Newport Harbor, as shown on Exhibit "A" attached hereto and incorporated herein by reference, creating an impairment to navigation; and 11; B. CITY has requested that COUNTY or the Orange County Harbors, Beaches and 12 Parks District fund the maintenance dredging necessary to remove such sedimentation 13i deposits; and 14� C. The Harbors, Beaches and Parks Commission of the Orange County Harbors, 1.5� Beaches and Parks District has considered and determined that the West Newport Channels 16 provLde general public as well as local benef.i.t and recommends that County 171 tidelands funds be used for maintenance dredging of the West Newport Channels on a is percent cost - sharing basis with the City of Newport Beach, up to a maximum County 11 participation of $20,000; 20 THEREFORE, the parties hereto agree as follows: 21 I 22 CITY shall, no later than January 1, 1977, prepare at its sole expense plans 23� and specifications for maintenance dredging of the West Newport Channels in the project 24 areas as shown in Exhibit "A" and submit said plans and speri.fications to COUNTY's 25 Director, Environmental Management Agency, hereinafter referred to as "COUNTY's . 26 Director ", for review and approval. Should CITY fail to submit complete plans end 27 �I specifications to COUNTY's Director by January 1, 1977, this Agreement shall automatical uP terminate unless said date is extended by mutual agreement of CITY and COUNTY. :19 30 CITY shall, no later titan December 31, 1977, advertise for bids and award the i s `i7. j contract for the performance of the maintenance dredging work as set forty: in the 32 �� approved plans and specifications. CITY reserves the right to revise the scope of RECEIVED ruse RETURN M APR 2 11976 CLERK !!!' r_1Y r r.._ .::r. =::: " : ; -H E: M. A. NEWPORT HARBOR WEST NEWPORT CHANNEL MAINTENANCE DREDGING AGREEMENT 2 3 THIS AGREEMENT, made and entered into this,�Xday of 1976, 4 by and between the CITY OF NEWPORT BEACH, a municipal corporation- hereinafter referred 5 to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of. 6�, California, hereinafter referred to as "COUNTY." 7I� RECITALS: A. CITY has determined that sedimentation has occurred in the West Newport 9�1 10�Channels of Newport Harbor, as shown on Exhibit "A" attached hereto and incorporated herein by reference, creating an impairment to navigation; and 11; B. CITY has requested that COUNTY or the Orange County Harbors, Beaches and 12 Parks District fund the maintenance dredging necessary to remove such sedimentation 13i deposits; and 14� C. The Harbors, Beaches and Parks Commission of the Orange County Harbors, 1.5� Beaches and Parks District has considered and determined that the West Newport Channels 16 provLde general public as well as local benef.i.t and recommends that County 171 tidelands funds be used for maintenance dredging of the West Newport Channels on a is percent cost - sharing basis with the City of Newport Beach, up to a maximum County 11 participation of $20,000; 20 THEREFORE, the parties hereto agree as follows: 21 I 22 CITY shall, no later than January 1, 1977, prepare at its sole expense plans 23� and specifications for maintenance dredging of the West Newport Channels in the project 24 areas as shown in Exhibit "A" and submit said plans and speri.fications to COUNTY's 25 Director, Environmental Management Agency, hereinafter referred to as "COUNTY's . 26 Director ", for review and approval. Should CITY fail to submit complete plans end 27 �I specifications to COUNTY's Director by January 1, 1977, this Agreement shall automatical uP terminate unless said date is extended by mutual agreement of CITY and COUNTY. :19 30 CITY shall, no later titan December 31, 1977, advertise for bids and award the i s `i7. j contract for the performance of the maintenance dredging work as set forty: in the 32 �� approved plans and specifications. CITY reserves the right to revise the scope of 11 2 3 4 5 6 7 8 I 9 101 11 12I 131 141I' 15' 16 17, 18 19'' 20 211 22. 23' 24 25 26 27 28 291 30 31 32 the work in the event the amount of the low bid exceeds $40,000, with COUNTY to have the right of approval of reduced Scope. However., should the low bid accepted by CITY exceed $40,000, it is understood and agreed that COUNTY's contribution is limited to $20,000. Should CITY fail to award the contract for maintenance dredging by December 31, 1977, the agreement shall automatically terminate unless said date is extended by mutual agreement of CITY and COUNTY. III. CITY, as the lead agency, shall comply with the California Environmental Quality Act and obtain all necessary permits. IV. COUNTY shall, upon satisfactory completion of work as evidenced by a notice of completion filed by CITY, reimburse CITY 50% of the direct cost of maintenance dredging, excluding all other costs and charges, including but not limited to administration, engineering and inspection costs, up to a maximum COUNTY reimbursement of twenty thousand dollars ($20,000). V. CITY shall indemnify and hold COUNTY harmless from any loss, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. VI. CITY agrees that if any work within the scope of this Agreement is performed by a private contractor, such contractor shall name the COUNTY, its officers, agents and employees as additional insureds on any policies of public liability insurance which the contractor is required to furnish for the protection of the CITY. -2- �J 11 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 110.,1 t IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective governing bodies on the dates set forth opposite their signatures. DATED: ATTEST:'` City Gler+'k(CCiifyyp.of NewiVort^fBeach DATED: f ATTEST: WILLIAM E. ST JOHN County Clerk and Ex— officio Clerk of the Board of Supervisors of Orange County, California By U Deputy • , &V of Newport Bea APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA j /, BY v� % Deputy Dated: �76 l 3. CITY OF NEWPORT BEACH c By;gV Cit� of Newport Beach COUNTY OF ORANGE By_1'_C A ChairmaQ of its Board of Supervisors !I E pre- n / J; ail -- ✓ ✓ 57 X55, 5L 55 '. A L" -mss»+ 0 _ + GO . el jj .•M di 4 � a 4pG aLT; \ q5 S G 6 3 a9 0r a IDk i . fee, ei •60 ; ° �.t 21 rt- Vp 53 t 8� ' 915 y sl 2y ' Z5,•0� ��. s° � 6� ,z i'� '? S k Z �` q. -. p '. �' /{ >$n- :o =�::': • ?i:_ u..:' d r!• R Ff/ L.- - �2 � F /f /L q � s PROJECT AREA 3 s n r' s- _ J S' 1 I• b ai •• -'9- 11 1 /r L \r S •- .. 4[ TO-.}: .:- . "•::•:'• ::�.5�: :'•':::_: -: :': >:i:• {:: : :<i ::- .G "L r r�� le s 7 3. '+ ,1� / ° /'•� —_ 7 ,d '+. ..,.1.,.,f,..'...��cf /,moo`:. �.: „ �4 /�F �� 1' ✓ n 2 W . - ,� r � f s - q 7 5 � `x A %E.l ✓.- .. � °S7. r 7* • i��..,, � _ 1--vii 17, 17 -dam /j /7 ., /S M •4+ r ! :a .r J/ ,. ,—'' -" r' �' ;> _ q __ .�i O •=1/: :)I"P-C)(J1 nC� O E C)11t1I1Z1 q d ti °'A Ot r Islas 1 t: - CITY ONEWPORT BEACH - PUBLIC WORKS DORTMENT ��z v.t MEMO T0: � 1h'� FROM: `B1Lt 4 Date �Ap-t 13 }lcQ(0 ' • � • 'emu � ■ � � .r� � \. �. � � . ♦ • 164M , Copies to: -m ? '��• PUT IT IN WRITING . . . . . . WRITTEN MESSAGES SAVE TIME AND AVOID ERRORS 0 TO: (1) CITY ATTORNEY, Attention 0 March 12, 1976 Hugh Coffin (2) CITY CLERK FROM: Public Works Department SUBJECT: AGREEMENT FOR MAINTENANCE DREDGING OF WEST NEWPORT CHANNELS City Attorney The original and 4 copies of the subject agreement are attached for your review and approval. The agreement is acceptable to the Public Works Department. If it is acceptable to you, please approve and forward to City Clerk. If not, call me. This agreement will be submitted for Council consideration during the March 22, 1976 meeting. A staff report will be prepared by the Public Works Department. City Clerk If the Council authorizes execution please forward the original to me after it has been executed by the City. If you have any questions or require any additional information please call me. Bill Dye Design Engineer fflilk Att. March 26, 1976 PUBLIC WORKS DEPARTMENT Attention: Bill Dye WEST NEWPORT CHANNEL NRINIENNXB DREGING AGREEMENT C -1798 Attached are the original and two copies of the above agreement for execution by the County. One cagy is marked to be returned to us after the County signs it. This agreement was authorized by the City Council on March 22, 1976 by the adoption of Resolution No. 8731. City Clerk's Office swk enc. 3 RESOLUTION NO. 8 73 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COUNTY OF ORANGE IN CONNECTION WITH MAINTENANCE DREDGING OF A PORTION OF WEST NEWPORT CHANNELS ADJACENT TO NEWPORT ISLAND WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and County of Orange in connection with the maintenance dredging of a portion of West Newport Channels adjacent to Newport Island; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 22nd day of Mayor ATTEST: City Clerk March , 1976. DDO /bc 3/18/76