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HomeMy WebLinkAboutC-2279 - Agreement Leasing Site A Use as Disposal, Upper Newport Baya MAB:wp AGREEMENT BETWEEN THE CITY OF 9/4/81 NEWPORT BEACH AND THE IRVINE COMPANY FOR PLACEMENT OF EXCAVATED MATERIAL THIS AGREEMENT IS ENTERED INTO THIS O'dL7fi day of , 1981, between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY ") and THE IRVINE COMPANY, a Michigan corporation (hereinafter referred to as "TIC "): W I T N E S S E T H: WHEREAS, CITY plans to dredge and excavate portions of Upper Newport Bay and San Diego Creek above the Bay and requires a convenient site to dewater and temporarily deposit the resulting spoils material (hereinafter referred to as "the material "); and WHEREAS, TIC owns real property on the south side of San Diego Creek between Jamboree Road and MacArthur Boulevard, a de- scription of which is attached hereto and marked "Exhibit A" and a map of which is attached hereto and marked "Exhibit B" (hereinafter collectively referred to as "Site A "), which is within close proximity of a City - proposed dredging and excavation operation; and WHEREAS, TIC is willing, subject to the terms of this Agreement, to allow CITY to use Site A for a specified period of time in conjunction with a City desiltation and restoration project in Upper Newport Bay and San Diego Creek; and LA8bl4 WHEREAS, Site A currently appears on the Newport Beach General Plan as having a primary use as a Public Works Reserve and a secondary use as General Industry; and WHEREAS, the parties hereto recognize that substantial portions of Site A are underlain by compressible soils which may necessitate extraordinary measures to make the entire site suitable for general industrial development and the parties will take this fact into consideration when reviewing the acceptability of the dredged material for permanent deposition; and WHEREAS, in an effort to provide sediment control protec- tion for Upper Newport Bay, CITY proposes to perform an interim early action plan which will include the deepening of San Diego Creek channel from its intersection with MacArthur Boulevard to its intersection with Campus Drive, installing drop and control struc- tures in such channel and dredging an existing basin downstream of Jamboree Road; and, as the agent of the State of California Depart- ment of Fish and Game, CITY proposes to perform a pilot marsh restoration plan which will include the excavation of a channel from the point of intersection with the basin downstream of Jamboree Road to a point on the channel approximately six thousand feet (6,000') downstream into the Upper Bay; and WHEREAS, it is the intent of the parties that the use of Site A will be considered a source of local matching value for a pending grant under the Clean Water Bond Funds, and that the value LA8bl5 -2- of the use of the site for such purposes shall be not less than One Million Dollars ($1,000,000); NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, CITY and TIC agree as follows: 1. Term and Rent. The term of this Agreement shall be one (1) year commencing on the date CITY delivers to TIC a written notice that CITY intends to exercise its option to use Site A, provided that in no event shall the term of this Agreement commence after March 1, 1982. Upon receipt of such notice TIC will make the site available to CITY for the term of one (1) year at no cost to CITY, subject to the terms and conditions of this Agreement. 2. Deposit of Materials. Subject to the terms and conditions of this Agreement, TIC will allow CITY to deposit mat- erial from Upper Newport Bay and from San Diego Creek on Site A in accordance with grading operation plans as approved by TIC and CITY. Prior to placement of any material on Site A, CITY will cause a soils report to be prepared regarding the material to be de- posited. TIC shall review and approve or disapprove such report within thirty (30) days of receipt provided that such approval shall not be unreasonably withheld. The material shall be deposited in accordance with the conditions as shown on "Exhibit C" attached hereto. CITY shall cause a soils engineer acceptable to TIC to regularly observe the process of material deposition on Site A in order to insure that all LA8bl6 -3- material is deposited in accordance with all terms and conditions of this Agreement and Exhibit C. The soils engineer shall be directed by CITY to notify TIC of any deviation from the procedure and plan contained in Exhibit C or of any soil deposited which is inconsis- tent with the above - mentioned soils report. TIC shall have the right to halt deposition according to paragraph 7 of the Agreement if any significant deviation or inconsistency occurs. Any material deposited in a manner inconsistent with Exhibit C or which is inconsistent with the terms of this Agreement shall be removed by CITY prior to the termination date of this Agreement. All material permanently placed on Site A shall become the property of TIC unless required to be removed by the terms of this Agreement. CITY shall provide a bond in an amount and form acceptable to TIC to insure the removal of any material which must be removed. For the purpose of establishing limits of the removal area and grades which exist before placement, the topographic elevations shown on "Exhibit D" attached hereto shall be used. CITY agrees during the term of this Agreement and until all material which must be removed from Site A is so removed to operate and maintain Site A in accordance with the requirements of all permitting agencies and in a manner acceptable to TIC. CITY's maintenance responsibility under the terms of this Agreement shall include responsibility for erosion control and water quality. LA8bl7 -4- 3. Permits. CITY shall obtain, at no cost to TIC, all permits and approvals from government or other entities or individuals required for CITY activities on TIC land. CITY shall indemnify and hold TIC harmless for all loss, cost or damage, including fees for an attorney of TIC's choosing, resulting from the failure of CITY to obtain any permit or approval claimed to be required or from any dispute arising with any entity or individual regarding a permit or approval. 4. Entry Permits. CITY contractors shall obtain entry permits from TIC in a form acceptable to TIC if they desire to gain access across adjacent TIC lands to allow placement or removal of material. The access routes across TIC lands are subject to approv- al by TIC and may be changed by TIC to accommodate TIC use of adjacent properties. 5. Indemnification. CITY shall indemnify, defenc and hold TIC harmless from and against all claims, demands, damages, costs and expenses, including fees for an attorney of TIC's own choosing, arising from CITY's or its contractors' operations carried out on Site A including, but not limited to, claims regarding erosion and water quality. 6. Insurance. CITY agrees to obtain and maintain during the period of this Agreement policies of comprehensive general liability insurance, from an insurer acceptable to TIC, in- suring against loss, damage or liability for injury to or death of LA8bl8 -5- y • any person, or loss or damage to property arising from the opera- tions of CITY, its agents, representatives, contractors and sub- contractors or employees on TIC's property and in connection with the movement and deposit of material called for herein. Such policies shall include automobile liability, blanket contractual, broad form property damage and personal injury coverages for not less than One Million Dollars ($1,000,000) combined single limit bodily injury, death and property damage liability per occurrence. TIC will not be responsible for any costs of premium or other charges for such insurance. Prior to any entry upon TIC's property by any CITY representative, agent, contractor, subcontractor or employee, TIC will be furnished with a policy or certificate of insurance with a provision for thirty (30) days' notice to TIC of cancellation or material change in the policy. Such insurance shall name TIC as an additional in- sured, with the provision that the policies shall be primary and any insurance carried by TIC shall be noncontributing with CITY insurance. Such policy shall contain a provision that naming an additional insured shall not negate any right the additional insured would have had as claimant under policy if not so named. CITY may, at its option, satisfy all or a part of the insurance obligations of this Agreement by self- insurance, provided that such self- insurance shall provide the same coverage, protection and payments as would be provided if the insurance contemplated herein were to be obtained. LA8bl9 -6- 7. Remedy Upon Breach. If CITY or any of its contractors shall breach any of its obligations mentioned herein, CITY shall cease work on Site A within twenty -four (24) hours of receipt of written notice from TIC. CITY shall have thirty (30) days to cure such breach or the conditions or practices causing breach, and if not so cured, TIC shall have the right to immediately terminate this Agreement by written notice to CITY. 8. Force Majeure. No liability, breach or default shall result under this Agreement from any inability or delay in perfor- mance of a party hereto which is caused by conditions or circum- stances beyond the control of that party, including but not limited to acts of God, fire, flood, weather, accident, riot, sabotage, strike, embargo or government action or inaction (each of which is hereinafter referred to as a "force majeure condition "). In the event of the occurrence of a force majeure condition, that party's performance shall be excused and suspended for the period of time during which such condition exists and shall not be revived and required until after that identical time period has passed following the original date due for performance. The party whose performance is so affected shall timely notify the other party receiving such performance of the nature and reasons for the force majeure condi- tion and shall promptly notify such other party of the cessation thereof. 9. Binding on Heirs, Successors and Assigns. The terms, provisions and conditions of this Agreement shall be binding upon LA8b20 -7- and inure to the benefit of the parties and their heirs, successors, assigns or transferees. 10. Time of Essence. Time is of the essence in this Agree- ment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH APPROVED AS TO 0 ATTE T: City Clerk THE IRI NE COMPANY By LA8b21 -8- ty `ttorney `b£ Newport Beach APPROVED AS TO FORM: � � I a" ir-1, Attorney for T Irvine Company • EXHIBIT "A" PROPERTY DESCRIPTION FOR DISPOSAL SITE A That portion of Lot 146, Block 51 and Lot 442, Block 57 of Irvine's Subdivision, in the city of Newport Beach, county of Orange, state of Calfiornia, per map recorded in Book 1, page 88 of Miscellaneous Record Maps, in the office of the County Recorder of said county described as follows: Beginning at the intersection of the easterly line of Jamboree Road, 132 feet wide, per deed of Street Easement recorded June 6, 1962 in Book 6135 page 155 Official Records in the office of said County Recorder, with the southerly line of Parcel No. F5 -101 as described in Easement deed recorded March 11, 1963 in Book 6462 page 165 of said official records; thence along said easterly line South 60 18' 16" East 79.13 feet to the beginning of a tangent curve, concave westerly having a radius of 2466.00 feet; thence southerly 630.02 feet along said curve through a central angle of 140 38' 1T'; thence tangent to said curve South 80 20' 01" West 373.13 feet; thence leaving said easterly line South 571 51' 57" East .44.19 feet to the .beginning of a non-.- tangent curve concave southwesterly having a radius of 862.00 feet, a radial to said - beginning. bears North 00 33' 30" East; -thence - southeasterly- along said curve 686.96 feet through a central angle of 450 39' 41"; thence tangent to said curve South 430 46' 49" East 911.95 feet; thence North 40 00' 00" East 530.67 feet; thence North 140 30' 00" {Nest 950.00 feet; thence North 240 00' 00" {Vest 490.00 feet; thence North 500.00' 00" West 395.42 feet to a point in said southerly line of parcel F5 -101, being in the are of a curve concave southerly having a radius of 3805.00 feet, a radial to said point bears North 90 38" 25" West; thence westerly along said curve 538.54 feet through a central angle of 80 06' 33" to the point of beginning.. The above described parcel contains 35.84 acres. OC -NO3- 109 -00 7i- 512 7/9/81 gm da BOYL�E�ENGINEERING CORPORATION Keith F. Bush, L.S. 4406 C6 '3 4 8'Q�? 538.5 \ \ VA v D M � P.O.T. 35.8 ACRES O mile MI MI o III �I 01 N. T.S. w 0 sV E,YH /B /T . "a " CITY OF NEGYPOf?T BEACH SKETCH TD ACCO/YIP,9NY OESCh%f T /ON FO.�r" .�J.iSPDESAL S /TF A DESIGN SHEET NO ». MA� consu,uno enolne v.. , ..cnn vcts 70 N1 N � O O � P.O.T. 35.8 ACRES O mile MI MI o III �I 01 N. T.S. w 0 sV E,YH /B /T . "a " CITY OF NEGYPOf?T BEACH SKETCH TD ACCO/YIP,9NY OESCh%f T /ON FO.�r" .�J.iSPDESAL S /TF A DESIGN SHEET NO ». MA� consu,uno enolne v.. , ..cnn vcts ,.i EXI11BIT C M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS REQUIREMENTS FOR PLACEMENT OF FILL I. Purpose The following sets forth the requirements for the placement of permanent fill. II. Site Preparaton All site clean -up and mechanical grading will be subject to observa- tion and testing by a representative of the project geotechnical engineer and must. conform to the following requirements and those of the appropriate governing agencies. A. A pre - grading meeting attended by representatives of the grading contractor, Moore & Taber, City of Newport Beach, Boyle Engineering Corporation, and The Irvine Company is required to ensure proper coordination and understanding of the necessary site grading. B. All existing vegetation, trash, debris or surface obstructions shall be removed and disposed off -site. Any existing subsurface structures within areas to be filled shall be removed, realigned, destroyed or abandoned in compliance with specifications of the appropriate governmental agency and requirements of the geotechnical engineer. C. All existing uncompacted fill must be excavated. The material may be replaced as properly compacted fill, if free of all deletericus matter and approved by the geotechnical engineer. M O O R E S, TA B E R CONSULTING ENGINEERS AND GEOLOGISTS III. Fill Material A. All fill must consist of earth material free of trash, debris or significant concentrations of vegetation. The maximum density, optimum moisture content, and moisture- density relationship of mechanically compacted fill material shall be determined in accordance with ASTM Test Method D1557 -70. B. If fill is placed hydraulically, the following conditions must be satisfied: 1. Construction of dikes a. The clean natural ground surface beneath the dikes must be scarified, brought to about optimum moisture content, and compacted to at least 90b relative compaction for a depth of eight inches. b. Fill material for dikes shall be generated from on -site soil. The material shall be excavated uniformly from the surface to avoid creation of pits. c. Embankment fill shall be spread in 6- to 8 -inch lifts; watered to approximately optimum moisture content, and compacted to at least 90% of maximum density. d. Embankment side slopes shall not be constructed at a gradient steeper than to-�-o horizontal to one vertical. M O O R E S TA B E R CONSULTING ENGINEERS AND GEOLOGISTS 2. The clean natural ground surface shall be scarified, watered to about optimum moisture content, and compacted to at least 90% of maximum density to a depth of eight inches in all areas where less than one foot of the native surficial soils are excavated. 3. Horizontal drainage shall be established beneath areas to receive hydraulic fill as described in Section IV.A. (see Figure 1) or Section IV.S. (see Figure 2). 4. Dredge discharge must be kept within the established spoil delta to minimize disturbance to the base drainage layer. 5. Where the stabilized (normally consolidated) thickness of hydraulic fill will exceed six feet (approximately initial thickness of ten feet), one of the following alternatives must be utilized. a. Establish intermediate horizontal drainage layers consistent with Section IV.A. (see Figure 3); or b. Install vertical drains, e.g. Alidrains, Bando Drainage Wicks, Castle Drain Boards or Mebra- Drain, at horizontal spacings of six (6) feet for a total stabilized fill thickness between 6 and 9 feet and at a spacing of five (5) feet for a fill thickness greater than 9 feet (see Figure 4). C. If fill is placed mechanically, the following conditions must be satisfied. i• r ! • M O O R E £. TA B E R CONSULTING ENGINEERS AND GEOLOGISTS 1. The clean natural ground surface must be scarified, watered to optimum moisture content, and compacted to at least 90% relative compaction for a depth of eight inches. 2. horizontal drainage shall be established beneath areas to receive fill as described in Section IV.A. (see Figure 1) or Section IV.B. (see Figure 2). 3. Five (5) settlement platforms shall be installed at locations indicated by the project geotechnical engineer. Extreme care must be exercised during grading to prevent any damage to the settlement platform rods. 4. Fill shall be spread in thin lifts not exceeding eight inches in thickness and dried just sufficiently to permit compaction to at least 80% of maximum density. The determination of the required moisture content shall -be based on the- compacted field dry density achieved and the moisture- density curve developed by ASTM Test Method D1557 -70 for the specific soil type. This requisite field moisture content shall be no less than 3% below the value indicated by the moisture- density curve for the field dry density achieved (see Figure 5.). 5. Intermediate horizontal drainage layers consistent with Section IV.A. (see Figure 3) shall be provided at intervals of 10 feet. t , r r • • 1 M O O R E Fr TA B E R CONSULTING ENGINEERS AND OEOLOGIS75 IV. Site Subdrainage Sufficient horizontal drainage must be provided to aid in the even- tual consolidation of either hydraulically or mechanically placed fill. Intermediate drainage layers shall conform to Item A below. The base drainage layer may consist of either system (Item A. or B) noted below. A. A continuous sand blanket having a minimum thickness of one foot shall be placed in areas to receive fine - grained fill. This blanket may consist of the uppermost granular sediments located within the San Diego Creek Channel or proposed Upper Newport Bay Basin. Four -inch diameter perforated plastic drain pipes wrapped with non -woven filter fabric (EOS 100 or finer) shall be placed in the sand blanket at intervals not exceeding 300 feet. The pipes shall be connected at their northerly terminus to a similarly wrapped perforated pipe which shall discharge into San Diego Creek Channel. The drain pipes shall be placed subsequent to the placement of the sand blanket. B. The native surface sediments presently located on Site A may be used as the drainage medium provided drainage pipes as described in Section IV.A. are placed at least two feet below grade and are spaced at intervals not exceeding 100 feet. s , M O O R E S TA B E R CONSULTING ENGINEERS AND GEOLOGISTS SCHDIATIC REPRESENTATION OF HORIZONTAL BASE DRAINAGE 4 -inch perforated plastic pipe wrapped in non- woven filter fabric (placed with perforations down) Sand Blanket 300' max Native Ground Surface 24" min. 12" min. 100' max. Native Ground Surface FIGURE I 4 -inch perforated plastic pipe wrapped in non- woven filter fabric (placed with perforations down) FIGURE 2 9 0 M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS INTERMEDIATE HORIZONTAL DRAINAGE Fill 12" min. Sand Blanket 300' max. — H Fill 12" min. Sand Blanket H Fill 4 -inch perforated plastic pipe wrapped in non -woven fabric (placed with perforations down) Base drainage per Figure 1 or Figure 2 Fill H(Stabilized) Hydraulic 5 feet Mechanical 10 feet FIGURE 3 Vert dra 0 • M O O R E S TA B E R CONSULTING ENGINEERS AND GEOLOGISTS VERTICAL DRAINAGE IN HYDRAULIC FILL Final grade Base drainage per Figure 1 or Figure 2 Vertical drains to extend into base drainage layer and above final grade 9 11 R H <6 feet 6 -9 feet >9 feet - SECTION - 0 S 0 0 PLAN - Vertical drains AI C S Not required 6 feet 5 feet FIGURE 4 ical ins ,%7&5\� S Ll H r Base drainage per Figure 1 or Figure 2 Vertical drains to extend into base drainage layer and above final grade 9 11 R H <6 feet 6 -9 feet >9 feet - SECTION - 0 S 0 0 PLAN - Vertical drains AI C S Not required 6 feet 5 feet FIGURE 4 Ym Yl Y2 COMPACTED MOISTURE - DENSITY RELATIONSHIP Wo W1' Wl W2' W2 Moisture Content - % Yr, = Maximum dry density Wo = Optimum moisture content Relative Compaction = field dry density maximum dry density Wl' = Wl - 3% W2' = W2 - 3% For relative compaction between 80% and 90 %, the moisture content shall be within the shaded area corresponding to the field dry density achieved. FIGURE 5 I Fioi ure- densit curve /001 I de loped by A M D1557 -70 90% relative I compaction -� - - -- - I - - - - - 80% relative compaction - I---- - I -� - -- I I 1 i = Wo W1' Wl W2' W2 Moisture Content - % Yr, = Maximum dry density Wo = Optimum moisture content Relative Compaction = field dry density maximum dry density Wl' = Wl - 3% W2' = W2 - 3% For relative compaction between 80% and 90 %, the moisture content shall be within the shaded area corresponding to the field dry density achieved. FIGURE 5 0 0 1/ 0 1 1 . I 1. r. I L1 ��V V ti %; ... .... K N -------------------- CZ.-- id. ,; �, d N iil K 17� ly F/L It 0 K O rn- -j r,� N 0 1 �,1as6 ate, 0 SEP 28 1981 September 28, 1981 CITY COUNCIL AGENDA N By the CITY COUNCIL ITEM N0. . )C .te. CITY. OF WPM S ACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN A. Modified State Grant Contract with the State Water Resources Control Board B. Cooperative Agreement with The Irvine Company to provide an excavation spoil site (Site "A ") on Irvine Company property C. Upper Newport Bay Early Action Plan (San Diego Creek Improvements), Contract No. 2276 D. Upper Newport Bay Early Action Plan (Upper Bay Improvements), Contract No. 2277 RECOMMENDATIONS: 1. Adopt a resolution authorizing the Mayor and the City Clerk to execute the State Grant Contract. 2. Adopt a resolution authorizing the Mayor and the City Clerk to execute the Site "A" agreement. 3. Reject all bids for Contract No. 2276. 4. Reject all bids for Contract No. 2277. DISCUSSION: I. State Grant Contract In December 1980, the City applied for a grant from the State Assistance Program (Clean Water and Water Conservation Bond Law of 1978) to implement the Upper Newport Bay Early Action Plan. The application was ap- proved by the State Water Resources Control Board, with funding to come from two sources: (1) the sale of Clean Water Bonds, and (2) the State Energy Resource Fund. A contract to combine these two funding sources was prepared; however, when the bonds were last offered for sale (first week of September, 1981), no acceptable bids were received. A modified contract has now been prepared to implement a portion of the Early Action Plan with the State Energy Resource Funds available in the current State budget. Implementation of the complete Early Action Plan must be deferred pending availability of additional State funding. At this time, 0 0 September 21, 1981 Subject: Upper Newport Bay Early Action Plan Page 2 it is the staff's understanding that the Clean Water Bonds will for sale in the spring of 1982. The Santa Ana Regional Board is State Board and will manage the modified Grant Contract. be reoffered acting for the A. Eligible Costs (Project costs incurred after July 1, 1981, are eligible for State participation with Energy Resource Funds.) Planning, design, and construction of desilting basins and appurtenant works within San Diego Creek and the Upper Bay. Costs incurred in obtaining necessary permits, licenses, and environmental documents for work in San Diego Creek and the Upper Bay. B. Conditions of Concept Approval All necessary permits and licenses must be obtained and the environmental impact report process completed. The environmental process is complete, and the Department of Fish and Game, Coastal Zone and State Water Quality per- mits have been issued. The review period for the Corps of Engineers permit has been completed and issuance of the permit is anticipated by early October. Commitment for ongoing maintenance of the sedimentation basins within San Diego Creek from the Orange County Flood Control District, prior to the award of sedimenta- tion basin contracts. A letter from the County has been approved by the State Water Resources Control Board. The City of Newport Beach will agree to become the lead agency in obtaining commitments from local agencies within the watershed to implement the best management practices contained in the 208 Plan for the Newport Bay watershed when adopted, but no later than March, 1983. This work will be conducted in conjunction with the Southern California Association of Governments or their successors in the 208 Planning Program. The Grant Contracts will contain a provision in Exhibit C withhold- ing $20,000 until satisfactory completion of this task. (This withhold of funds will not apply if the Legislature eliminates condition 1(b) from the Budget Act Item 394- 101 -190.) The City of Newport Beach will conduct water conserva- tion activities as provided in Exhibit C of the Grant Contract. A letter submitted with the original applica- tion describing the City's water conservation activities and ordinances has been approved by the State Board. September 21, 1981 Subject: Upper Newport Bay Early Action Plan Page 3 5. The City shall provide a project schedule mutually acceptable to the City and State Project Manager within two weeks of execution of this Grant Contract by the State. 6. The funds expended by the City of Newport Beach toward this project will be included and applied to the re- quired matching funds in any future State Assistance Program grant. C. Funding 1. Energy Resource Funds $1,304,000 2. Local Portion a. City of Newport Beach 83,333 b. The Irvine Company 83,333 c. Orange County 83,333 $1,554,000 II. Site "A" Sgoil Area Agreement On July 27, the City Council approved a three -party agreement with the Department of Fish and Game and The Irvine Company to provide a dredge spoil site on Irvine Company property. Since that time, the Department of Fish and Game has instead entered into a Joint Powers Agreement with the City which pro- vided for the City to administer the Department of Fish and Game Pilot Marsh Restoration Project. In order to provide for the Site "A" disposal area, the original three -party agreement has been modified to eliminate the Department of Fish and Game. Terms of the agreement are as follows: A. The Irvine Company Make site available at no cost to the City for a term of one year. The term is to begin when possession of the site is requested, but no later than March 1, 1982. B. City of Newport Beach 1. Provide The Irvine Company with the grading operation plans for project. 2. Provide engineering certification that material is placed in accordance with approved grading operation plans for the project. September 28, 1981 Subject: Upper Newport Bay Early Action Plan Page 4 3. Remove material not placed permanently on the site prior to termination of the agreement for project. 4. Operate and maintain site in accordance with the require- ments of all permitting agencies for the project. This includes responsibility for water quality control and erosion control. 5. Obtain all permits and approvals for project. 6. Obtain entry permits from The Irvine Company to gain access to site over adjacent Irvine Company lands for project. 7. Hold Irvine Company harmless from and against all claims or damages arising from project. 8. Name The Irvine Company as an additional insured on com- prehensive general liability insurance during the project. III. & IV. Upper Newport Ba Earl Action Plan Contract No. 2276 San Die o Creek and Contract No. 227 Upper Bay It is recommended that all bids for both contracts be rejected due to lack of State funding. When the modified Grant Contract has been exe- cuted by the State, the plans for the work in San Diego Creek can be modified to provide for a project within the available funding. That project would be Phase I of the Upper Newport Bay Early Action Plan, and is to include the drop structures and weirs in San Diego Creek and the.excavation of the desilting basin upstream of Campus Drive. When the additional State funds become avail- able, the remaining excavation in San Diego Creek and the excavation in the Upper Bay can be completed as Phase II. The desired project schedule is to award a contract for the Phase I work after the rainy season, with construction to be completed during the summer of 1982. Scheduling of the Phase II work would then be contingent on the availability of the State funding. ,��/ �__ J, )i�4 Benjamin B. Nolan Public Works Director JSW:jd RESOLUTION NO.1 1 0 5 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE. IRVINE COMPANY FOR PLACEMENT OF EXCAVATED MATERIAL ON "SITE A" IN RELATION TO UPPER NEWPORT BAY EXCAVATION AND RESCINDING RESOLUTION NO. 11005. WHEREAS, the City of Newport Beach (City) plans to dredge and excavate portions.of Upper Newport Bay and San Diego Creek above the Bay and requires a convenience to dewater and j deposit the resulting spoil material; and WHEREAS, The Irvine Company (TIC) owns a parcel of real property on the south side of San Diego Creek between Jamboree Road and MacArthur Boulevard, referred to as "Site A ", within close proximity to the proposed dredging and excavation operation; and WHEREAS, TIC is willing to allow City to use said property for a specified period of time in conjunction with the desaltation and restoration project in Upper Newport Bay and San Diego Creek; and WHEREAS, "Site A" currently appears on the Newport Beach General .Plan as a site having a primary use as a public works reserve and a secondary use.as general industry; and WHEREAS, City proposes to perform an interim early action plan to provide sediment control protection for Upper Newport Bay, which work consists of deepening the San Diego Creek Channel from MacArthur Boulevard to beyond Campus Drive, installing drop in a control structure in the channel and dredging a basin downstream on Jamboree Road.; and WHEREAS, the use of, the property known as "Site A" is considered a source of local matching value for a pending grant under the Clean Water Bond Funds, the value of the use of the 0 0 site for such purposes is agreed to be not less than $1 million dollars; and WHEREAS, the City Council previously approved a three party agreement for the use of "Site A" between the City. of Newport Beach, California Department of Fish and Game and The Irvine Company, by Resolution No. 11005, adopted July 27, 1981; and WHEREAS, the necessity for said three .party agreement is no longer evident in that the City and the Department of Fish and Game have agreed that the City may administer the Department's project and therefore, said three party agreement may be rescinded; and WHEREAS, the City Council has reviewed said Agreement and finds it to be just and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Agreement between the City of Newport Beach and The Irvine Company for placement of excavated material be and it is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City of Newport Beach for the use of "Site A" as a disposal site for Upper Newport Bay dredging. BE IT FURTHER RESOLVED that Resolution No. 11005 is hereby rescinded. ATTEST: City Clerk 9/28/81 ADOPTED this _ day of SEP28 1981. 2 Mayor SEP 1� 1981 By *0 CITY COUNCIL Clyy OF NAT TEACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN c -X09 September 14, 1981 CITY COUNCIL AGENDA ITEM NO. F f �% A. State Grant Contract with the State Water Resources Control Board B. Cooperative Agreement with The Irvine Company to provide an excavation spoil site (Site "A) on Irvine Company property RECOMMENDATIONS: 1. Adopt a resolution authorizing the Mayor and the City Clerk to execute the State Grant Contract. 2. Adopt a resolution authorizing the Mayor and the City Clerk to execute the site "A" agreement. DISCUSSION: I. STATE GRANT CONTRACT In December 1980, the City applied for a grant from the State Assistance Program (Clean Water and Water Conservation Bond Law of 1978) to implement the Upper Newport Bay Early Action Plan. The application was approved by the State Water Resources Control Board, and funds from the Clean Water Bond Law and State Energy Resource Fund have been provided in the current State budget. These two funding sources will be combined in the grant contract with the State Water Resources Control Board. The Santa Ana Regional Board is acting for the State Board and will manage the Grant Contract. Key elements of the contract are as follows: A. Eligible Costs - Project costs incurred after July 17, 1980 are eligible for State participation. 1. Costs of planning, enviromental documentation, and design and construction of the desilting basins. 2. Land acquisitions or easements which are dedicated for public use and contain covenants and /or restrictions for such use for the protection of Upper Newport Bay. 3. Costs incurred in obtaining necessary permits and licenses to complete the project. 4. Dredging of silt from Upper Newport Bay 5. Disposal facilities constructed on Site A in conjunction with the Department of Fish and Game. September 14, 1981 Subject: Upper Newport Bay Early Action Plan Page 2 B. Conditions of Concept Approval 1. All necessary permits and licenses must be obtained and the environmental impact report process completed. The enviromental process is complete, and the Department of Fish and Game and Coastal Zone permits have been obtained. The State Water Quality permit and Corp of Engineers per- mit cannot be issued prior to the Reginal Water Quality Control Board public hearing scheduled for September 11, 1981. Discussion with both agencies indicates that the permits will be issued following the public hearing. 2. Commitment for ongoing maintenance of the sedimentation basins within San Diego Creek from the Orange County Flood Control District, prior to the award of sedimentation basin contracts. A letter from the County has been approved by the State Water Resources Control Board. The City of Newport Beach will agree to become the lead agency in obtaining commitments from local agencies with- in the watershed to implement the best management practices contained in the 208 Plan for the Newport Bay Watershed when adoped but no later than March, 1983. This work will be conducted in conjunction with the Southern California Association of Governments or their successors in the 208 Planning Program. The Grant Contracts will contain a pro- vision in Exhibit C withholding $20,000 until satisfac- tory completion of this task. (This withhold of funds will not apply if the Legislature eliminates condition 1(b) from the Budget Act Item 394 - 101 -190.) 4. Provide a complete and independent appraisal and analysis of all funds and /or resources which the City is con- tributing toward the local match of State Assistance Program funds. A letter report prepared by Williamson and Schmid Consulting Civil Engineers analyzed project savings which will be derived from the use of the Site "A" spoil area. The report has been approved by the State Board. 5. The City of Newport Beach will conduct water conserva- tion activities as provided in Exhibit C of the Grant Contract. A letter submitted with the original application describing the City's water conservation activities and ordinances has been approved the the State Board. 6. Project schedule: 1) Sept 1981 Award Construction Contracts 2) April 1982 Complete Construction 3) June 1982 Submit Final Report 4) July 1982 Final /Audit & Final Billing u 0 September 14, 1981 Subject: Upper Newport Bay Early Action Plan Page 3 C. FUNDING 1. Clean Water and Water Conservation Bond Funds 2. Energy Resource Funds 3. Local Portion A. City Newport Beach B. The Irvine Co. C. Orange County Total $1,446,000 $1,304,000 83,333 83,333 83,333 $3,000,000 NOTE: A $1,000,000 credit to the local portion has been allocated as a savings to project derived from the use of Site "A" disposal area. A budget amendment to provide these funds in the current budget has been prepared for council approval. II. SITE "A" SPOIL AREA AGREEMENT On July 27 the City Council approved a three -party agreement with the Department of Fish and Game and The Irvine Company to provide a dredge spoil site on Irvine Company property. Since that time the Department of Fish and Game has instead entered into a Joint Powers Agreement with the City which provided for the City to administer the Department of Fish and Game Pilot Marsh Restoration Project. In order to provide for the Site "A" disposal area the original three -party agreement has been modified to eliminate the Department of Fish and Game. Terms of the agreement are as follows: A. The Irvine Co. Make site available at no cost to the City for a term of one year. The term is to begin when possession of the site is requested, but no later than March 1, 1982. B. City of Newport Beach 1. Provide The Irvine Company with the grading operation plans for project. 2. Provide engineering certification that material is placed in accordance with approved grading operation plans for the project. 3. Remove material not placed permanently on the site prior to termination of the agreement for project. 4. Operate and maintain site in accordance with the require- ments of all permitting agencies for the project. This includes responsibility for water quality control and erosion control. 5. Obtain all permits and approvals for project. s September 14, 1981 Subject: Upper Newport Page 4 0 Bay Early Action Plan 0 6. Obtain entry permits from The Irvine Company to gain access to site over adjacent Irvine Company lands for project. 7. Hold Irvine Company harmless from and against all claims or damages arising from project. 8. Name The Irvine Company as an additional insured on com- prehensive general liability insurance during the project. The desired project schedule is to award construction contracts for this work at the September 28 Council meeting, with construction to be completed in March, 1982. Very truly yours, Benjamin B. Nolan Public Works Department GW:rb 0 OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE July 30 1981 TO: FINANCE DIRECTOR PUBLIC NORKS DEPT, FROM: City Clerk SUBJECT: Contract No. C -2279 Description of Contract Agreement between the Calif. Dept. of Fish and Game, the City of Newport Beach and The Irvine Co, for Placement of Excavated Material. Effective date of Contract .July 27, 1981. Authorized by Resolution No. 11005 , adopted on July 27, 1981 Contract with CA Dept of Fish and Game, and The Irvine Cm parry Adress Amount of Contract $ See Contract /s/ Wanda E. Andersen WANDA E. ANDERSEN City Clerk City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 WJK:wp AGREEMENT BETWEEN THE CALIFO NIA �1 } 1� f !R A 7/10/81 DEPARTMENT OF FISH AND GAME, THE CITY OF Gi(�j,� NEWPORT BEACH AND THE IRVINE COMPANY FOR PLACEMENT OF EXCAVATED MATERIAL THIS AGREEMENT IS ENTERED INTO THIS day of 1981 between the CALIFORNIA DEPARTMENT OF FISH AND GAME (hereinafter referred to as "DFG "), the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY "), and THE IRVINE COMPANY, a corporation formed and existing pursuant to the laws of the State of Michigan (hereinafter referred to as "TIC "): W I T N E S S E T H: WHEREAS, DFG.and /or CITY plan to dredge and excavate portions of Upper Newport Bay and San Diego Creek above the Bay, and require a convenient site to dewater and deposit the resulting spoil material (hereinafter referred to as "the material "); and WHEREAS, TIC owns real property on the south side of San Diego Creek between Jamboree Road and MacArthur Boulevard herein- after referred to as "Site A," a description of which is attached hereto and marked Exhibit "A," and a map of which is attached hereto and marked Exhibit "B," within close proximity of the proposed dredging and excavation operation, and TIC is willing to allow the material to be placed upon such property subject to the terms and conditions contained herein; and WHEREAS, TIC is willing to allow DFG and /or CITY to use said property for a specified period of time in conjunction with a desiltation and restoration project in Upper Newport Bay and San Diego Creek; and LA8bl4 • • WHEREAS, said property currently appears on the Newport Beach General Plan as having a primary use as a Public Works Reserve and a secondary use as General Industry; and WHEREAS, the parties hereto recognize that substantial portions of Site A are underlain by compressible soils which may necessitate extraordinary measures to make the entire site suitable for general industrial development and that this will be taken into consideration when reviewing the acceptability of the material for permanent deposition; and WHEREAS, CITY proposes to perform an interim early action plan to provide sediment control protection for Upper Newport Bay, the work consisting of deepening the San Diego Creek channel from MacArthur Boulevard to beyond Campus Drive, installing drop and control structures in the channel and dredging a basin downstream of Jamboree Road, and said project may be the only project performed by CITY in Upper Newport Bay pursuant to this Agreement; and WHEREAS, DFG and CITY will both bear the responsibilities to TIC set forth herein; however, DFG will be the contact party in this Agreement in the relationship between DFG and CITY on the one hand and TIC on the other hand; and WHEREAS, the use of the property shown on Exhibit "A" is to be considered a source of local matching value for a pending grant under the Clean Water Bond Funds, the value of the use of the site for such purposes is agreed to be not less than One Million Dollars ($1,000,000); LA8bl5 -2- • i NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, DFG, CITY and TIC agree as follows: 1. Agreement and Contact Party. The terms and conditions of this Agreement shall bind each party, and DFG shall act as contact party with TIC during the term hereof. CITY and DEG shall each be responsible for obtaining any permits required for its respective activities. 2. Term. The term of this Agreement shall be one (1) year commencing from the date written notice is delivered to TIC by the contact party that either DFG or CITY intend to begin use of Site A. In any event the term shall commence no later than March 1, 1982. TIC will make the site available during the one -year term at no cost to DFG or the CITY. 3. Deposit of Materials. Subject to the terms and conditions of this Agreement and the exhibits hereto, TIC will allow DFG and /or CITY to deposit material from Upper Newport Bay and from San Diego Creek on Site A in accordance with grading operation plans as approved by TIC, CITY and DFG. Prior to placement of any material on Site A, DFG and CITY will cause a soils report to be prepared regarding the material to be deposited. TIC shall review and approve or disapprove such report within thirty (30) days of receipt provided that such approval shall not be unreasonably withheld. The material shall be deposited in accordance with the conditions as shown on Exhibit "C" attached hereto and incorporated herein. LA8bl6 -3- a 0 0 DFG and CITY shall cause a soils engineer acceptable to TIC to regularly observe the process of material deposition on Site A in order to insure that all material is deposited in accordance with Exhibit "C" and all terms and conditions of this Agreement. The engineer shall be directed by DFG and CITY to notify TIC of any deviation from the procedure and plan contained in Exhibit "C" or of any soil deposited which is inconsistent with the soils report. TIC shall have the right to halt deposition according to paragraph 8 of the Agreement if any significant deviation or inconsistency occurs. Any material deposited in a manner inconsistent with Exhibit "C" or which is inconsistent with the soils report shall be removed by DFG and CITY prior to the termination date of this Agreement. All material permanently placed on Site A shall become the property of TIC unless required to be removed by the terms of this Agreement. CITY and DFG shall provide a bond in an amount and form acceptable to TIC to insure the removal of any material which must be removed. For the purpose of establishing limits of the removal area and grades which exist before placement, the topographic elevations shown on Exhibit "D" attached hereto shall be used. DFG and CITY agree to operate and maintain Site A in a manner acceptable to the parties hereto and in accordance with the requirements of all permitting agencies during the term of this Agreement and until all material which must be removed is removed LA8bl7 -4- 0 0 from Site A. This shall include responsibility for erosion control and water quality. The maintenance responsibility shall be divided between DFG and CITY, based on the exposed area covered by deposi- tions made by the respective agency. Joint deposition projects shall be jointly maintained. 4. Permits. DFG and /or CITY shall obtain, at no cost to TIC, all permits and approvals from government or other entities or individuals required for DFG and /or CITY activities on TIC land. DFG and CITY shall indemnify and hold TIC harmless for all loss, cost or damage, including fees for an attorney of TIC's choosing, resulting from the failure of DFG and /or CITY to obtain any permit or approval claimed to be required or from any dispute arising with any entity or individual regarding a permit or approval. 5. Entry Permits. DFG and /or CITY contractors shall obtain entry permits from TIC in a form acceptable to TIC if they desire to gain access across adjacent TIC lands to allow placement or removal of material. The access routes across TIC lands are subject to approval by TIC and may be changed by TIC to accommodate TIC use of adjacent properties. 6. Indemnification. DFG and CITY shall indemnify, defend and hold TIC harmless from and against all claims, demands, damages, costs and expenses, including fees for an attorney of TIC's own choosing, arising from DFG's and /or CITY's or their contractors' operations carried out on Site A including, but not limited to, claims regarding erosion and water quality. LA8b18 -5- 0 0 It is mutually understood and agreed that neither CITY nor any officers or employees thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DFG under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, DFG shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by DFG under or in connection with any work, authority or jurisdic- tion not delegated.to CITY under this Agreement. It is mutually understood and agreed that neither DFG nor any officers or employees thereof shall be responsible for any 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 not delegated to DFG under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold DFG harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdic- tion not delegated to DFG under this Agreement. 7. Insurance. DEG and CITY agree to obtain and maintain during the period of this Agreement policies of comprehensive general liability insurance insuring against loss, damage or lia- bility for injury to or death of any person, or loss or damage to LA8b19 -6- 0 0 property arising from the operations of DFG and /or CITY, their agents, representatives, contractors and subcontractors or employees on TIC's property and in connection with the movement and deposit of material called for herein. Such policies shall include automobile liability, blanket contractual, broad form property damage and personal injury coverages for not less than One Million Dollars ($1,000,000) combined single limit bodily injury, death and property damage liability per occurrence. TIC will not be responsible for any costs of premium or other charges for such insurance. Prior to entry by DFG and /or CITY or any agent, representative, contractor, subcontractor or employee of DFG and /or CITY upon TIC's property, TIC will be furnished with a policy or certificate of insurance with a provision for thirty (30) days' notice to TIC of cancellation or material change in the policy. Such insurance shall name TIC as additional insured, with the provision that the policies be primary and any insurance carried by TIC shall be noncontributing with DFG or CITY insurance. Such policy shall contain a provision that naming an additional insured shall not negate any right the additional insured would have had as claimant under policy if not so named. DFG and /or CITY may, at their option, satisfy all or a part of the insurance obligations of this Agreement by self- insurance, provided that such self- insurance shall provide the same coverage, protection and payments as would be provided if the insurance contemplated herein were to be obtained. LA8b20 -7- 0 8. Termination. If DFG, the CITY or any of their con- tractors shall be in breach of any of their obligations mentioned herein, DFG and CITY shall cease work on Site A within twenty -four (24) hours of receipt by the contact party of written notice from TIC. DFG and CITY shall have thirty (30) days to cure such breach or the conditions or practices causing breach, and if not so cured, TIC shall have the right to terminate this Agreement immediately by written notice to DFG and CITY. 9. Force Majeure. No liability, breach or default shall result under this Agreement from any inability or delay in perfor- mance of a party hereto which is caused by conditions or circum- stances beyond the control of that party, including but not limited to acts of God, fire, flood, weather, accident, riot, sabotage, strike, embargo or government action or inaction (hereinafter referred to as "force majeure conditions "). In the event of such force majeure condition, that party's performance shall be excused and suspended for the period of time during which such condition exists and shall not be revived and required until after that identical time period has passed following the original date due for performance. The party whose performance is so affected shall timely notify the other party receiving such performance of the nature and reasons for the force majeure condition and shall promptly notify such other party of the cessation thereof. 10. Binding on Heirs, Successors and Assigns. The terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and their heirs, successors, assigns or transferees. LABb21 -8- ment. 0 0 11. Time of Essence. Time is of the essence in this Agree- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH ayqY ATTEST: i City Clerk DEPARTMENT OF FISH AND GAME Lo COMPANY UN LA8b21 -9- APPROVED AS TO FORM: Deputy Attorney General APPROVED AS TO FORM: Attorney fo U he Irvine Company ment. 0 0 11. Time of Essence. Time is of the essence in this Agree- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH /,May ATTEST: I J City Clerk DEPARTMENT OF FISH AND GAME 0 COMPANY, V M LA8b21 -9- APPROVED AS TO FORM: Deputy Attorney Genera APPROVED AS TO FORM: Attorney fo U he Irvine Company • EXHIBIT "A" • PROPERTY DESCRIPTION FOR DISPOSAL SITE A That portion of Lot 146, Block 51 and Lot 442, Block 57 of Irvine's Subdivision, in the city of Newport Beach, county of Orange, state of Calfiornia, per map recorded in Book 1, page 88 of Miscellaneous Record Maps, in the office of the County Recorder of said county described as follows: Beginning at the intersection of the easterly line of Jamboree Road, 132 feet wide, per deed of Street Easement recorded June 6, 1962 in Book 6135 page 155 Official Records in the office of said County Recorder, with the southerly line of Parcel No. 175 -101 as described in Easement deed recorded March 11, 1963 in Book 6462 page 165 of said official records; thence along said easterly line South 60 18' 16" East 79.13 feet to the beginning of a tangent curve, concave westerly having a radius of 2466.00 feet; thence southerly 630.02 feet along said curve through a central angle of 140 38' 17"; thence tangent to said curve South 81 20' Ol" West 373.13 feet; thence leaving said easterly line South 570 51' 57" East 44.19 feet to the beginning of a non -. tangent curve concave southwesterly having a radius of 862.00 feet, a radial to said beginning bears North 00 33' 30" East; thence southeasterly along said curve 686.96 feet through a central angle of 450 39' 41 "; thence tangent to said curve South 430 46' 49" East 911.95 feet; thence North 40 00' 00" East 530.67 feet; thence North 140 30' 00" West 950.00 feet; thence North 240 00' 00" West 490.00 feet; thence North 50 1.,00' 00" West 39.5.42 feet to a point in said southerly line of parcel F5 -101, being in the arc of a curve concave southerly having a radius of 3805.00 feet, a radial to said point bears North 90 38" 25" {Vest; thence westerly along said curve 538.54 feet through a central angle of 81 06' 33" to the point of beginning.. The above described parcel contains 35.84 acres. OC -NO3- 109 -00 X -512 7/9/81 BOYLE EN�GIINEEEERING CORPORATION Keith F. Bush, L.S. 4406 0 0 C /TY OF NEIYPDRT BEACH 51(Z:-7C11 Ta,4CC01W1`1::WNr FOY P151':0:'S4 Z S1 Te- A DESIGN r- — — EL 1W ff" Sm4e Er M cofrxxz*jon rk.wN—� 'UAW. consultinQ anal"oe's I aCCnItYCtf MAL FCµEo u- M1471761 X -6-14E, N. T.S. SHEET NO a I II • EXhIBIT C • MOOR E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS REQUIRE14ENTS FOR PLACEMENT OF FILL Purpose The following sets forth the requirements for the placement of permanent fill. Site Preparaton All site clean -up and mechanical grading will be subject to observa- tion and testing by a representative of the project geotechnical engineer and must conform to the following requirements and those of the appropriate governing agencies. A. A pre - grading meeting attended by representatives of the grading contractor, Moore & Taber, City of Newport Beach, Boyle Engineering Corporation, and The Irvine Company is required to ensure proper coordination and understanding of the necessary site grading. B. All existing vegetation, trash, debris or surface obstructions should be removed and disposed off -site. Any existing subsurface structures within areas to be filled should be removed, realigned, destroyed or abandoned in compliance with specifications of the appropriate governmental agency and requirements of the geotechnical engineer. C. All existing uncompacted fill must be excavated. The material may be replaced as properly compacted fill, if free of all deleterious matter and approved by the geotechnical engineer. 0 9 M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS III. Fill Material A. All fill must consist of earth material free of trash, debris or significant concentrations of vegetation. The maximum density, optimum moisture content, and moisture- density relationship of mechanically compacted fill material shall be determined in accordance with ASTM Test Method D1557 -70. B. If fill is placed hydraulically, the following conditions must be satisfied: 1. Construction of dikes a. The clean natural ground surface beneath the dikes must be scarified, brought to about optimum moisture content, and compacted to at least 90% relative compaction for a depth of eight inches. b. Fill material for dikes shall be generated from on -site soil. The material shall be excavated uniformly from the surface to avoid creation of pits. c. Embankment fill shall be spread in 6- to 8 -inch lifts; watered to approximately optimum moisture content, and compacted to at least 90,0 of maximum density. d. Embankment side slopes shall not be constructed at a gradient steeper than two horizontal to one vertical. 0 M O O R E F TA 6 E R CONSULTING ENGINEERS AND GEOLOGISTS 2. Tile clean natural ground surface shall be scarified, watered to about optimum moisture content, and compacted to at least 90" of maximum density to a depth of eight inches in all areas where less than one foot of the native surficial soils are excavated. 3. Horizontal drainage shall be established beneath areas to receive hydraulic fill as described in Section IV.A. (see Figure 1) or Section IV.B. (see Figure 2). 4. Dredge discharge must be kept within the established spoil delta to minimize disturbance to the base drainage layer. 5. Where the stabilized (normally consolidated) thickness of hydraulic fil5 will exceed six feet (approximately initial thickness of ten feet), one of the following alternatives must be utilized. a. Establish intermediate horizontal drainage layers consistent with Section N.A. (see Figure 3); or b. Install vertical drains, e.g. Alidrains, Bando Drainage Wicks, Castle Drain Boards or Mebra- Drain, at horizontal spacings of six (6) feet for a total stabilized fill thickness between 6 and 9 feet and at a spacing of five (5) feet for a fill thickness greater than 9 feet (see Figure 4). C. If fill is placed mechanically, the following conditions must be satisfied. M O O R E S. TA B E R CONSULTING ENGINEERS AND GEOLOGISTS 1. The clean natural ground surface must be scarified, watered to optimum moisture content, and compacted to at least 90% relative compaction for a depth of eight inches. 2. horizontal drainage shall be established beneath areas to receive fill as described in Section IV.A. (see Figure 1) or Section U.B. (see Figure 2). 3. Five (5) settlement platforms shall be installed at locations indicated by the project geotechnical engineer. Extreme care must be exercised during grading to prevent any damage to the settlement platform rods. 4. Fill shall be spread in thin lifts not exceeding eight inches in thickness and dried just sufficiently to permit compaction to at least 80% of maximum density. The determination of the required moisture content shall be based on the compacted field dry density achieved and the moisture- density curve developed by ASTM Test Method D1557 -70 for the specific soil type. This requisite field moisture content shall be no less than 3% below the value indicated by the moisture- density curve for.the field dry density achieved (see Figure 5). 5. Intermediate horizontal drainage layers consistent with Section IV.A. (see Figure 3) shall be provided at intervals of 10 feet. 0 0 M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS IV. Site Subdrainage Sufficient horizontal drainage must be provided to aid in the even- tual consolidation of either hydraulically or mechanically placed fill. Intermediate drainage layers shall conform to Item A below. The base drainage layer may consist of either system (Item A or B) noted below. A. A continuous sand blanket having a minimum thickness of one foot shall be placed in areas to receive fine - grained fill. This blanket may consist of the uppermost granular sediments located within the San Diego Creek Channel or proposed Upper Newport Bay Basin. Four -inch diameter perforated plastic drain pipes wrapped with non -woven filter fabric (EOS 100 or finer) shall be placed in the sand blanket at intervals not exceeding 300 feet. The pipes shall be connected at their northerly terminus to a similarly wrapped perforated pipe which shall discharge into San Diego Creek Channel. The drain pipes shall be placed subsequent to the placement of the sand blanket. B. The native surface sediments presently located on Site A may be used as the drainage medium provided drainage pipes as described in Section IV.A. are placed at least two feet below grade and are spaced at intervals not exceeding 100 feet. Ll 0 M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS SCHEiIATIC REPRESENTATION OF HORIZONTAL BASE DRAINAGE 4 -inch perforated plastic pipe wrapped in non- woven filter fabric (placed with perforations dorm) Sand Blanket 300' max Native Ground Surface 24" min. 100' max. 12" min. Native Ground FIGURE 1 4 -inch perforated plastic pipe wrapped in non- woven filter fabric (placed with perforations down) FIGURE 2 0 M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS INTERMEDIATE HORIZONTAL DRAINAGE Fill 12" min. Sand Blanket 300' max. H Fill 12" min. Sand Blanket H Fill Z4-�ncherforated plastic pipe ;Nrapped in non -woven fabric (placed with perforations down), Base drainage per Figure 1 or Figure 2 Fill H(Stabilized) Hydraulic 6 feet Mechanical 10 feet FIGURE 3 Vert dra 0 0 M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS VERTICAL DRAINAGE IN HYDRAULIC FILL Final grade base drainage per Figure 1 or Figure 2 Vertical drains to extend into base drainage layer and above final grade U R 101 - SECTION - - PLAN - o..— Vertical drains 0 H S <6 feet Not required 6 -9 feet 6 feet >9 feet 5 feet FIGURE 4 ical ins S H i base drainage per Figure 1 or Figure 2 Vertical drains to extend into base drainage layer and above final grade U R 101 - SECTION - - PLAN - o..— Vertical drains 0 H S <6 feet Not required 6 -9 feet 6 feet >9 feet 5 feet FIGURE 4 Ym Yl Y2 COMPACTED MOISTURE- DENSITY RELATIONSHIP Wo Wl' WI WZ' Wp Moisture Content - % Yr, = Maximum dry density Wo = Optimum moisture content Relative Compaction = field dry density maximum dry density Wl' = Wl - 3% Wz' = 4J2 - 3% For relative compaction between 80% and 90 %, the moisture content shall be within the shaded area corresponding to the field dry density achieved. FIGURE 5 Moi ture- densit curve I J de eloped by A M D1557 -70 90% relative I compaction -. _: _ .... 80% relativ - I I I I Wo Wl' WI WZ' Wp Moisture Content - % Yr, = Maximum dry density Wo = Optimum moisture content Relative Compaction = field dry density maximum dry density Wl' = Wl - 3% Wz' = 4J2 - 3% For relative compaction between 80% and 90 %, the moisture content shall be within the shaded area corresponding to the field dry density achieved. FIGURE 5 Ll — 9� 7J • TO: CITY COUNCIL FROM: Public Works Department 0 July 27, 1981 CITY COUNCIL AGENDA ITEM NO. F-2-rd) SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN -- COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE IRVINE COMPANY TO PROVIDE A DREDGE SPOIL SITE ON IRVINE COMPANY PROPERTY RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to exe- cute the agreement. DISCUSSION: The City's application for State of California Clean Water Bond Funds to implement the Upper Newport Bay Early Action Plan provided for the use of • Irvine Company property for a dredge spoil site. The subject agreement pro- vides for the use of a site bounded by San Diego Creek, Jamboree Road, and the extension of Eastbluff Drive. The site contains 35.84 acres and is referred to as Site "A." A location sketch is attached for reference. The California Department of Fish and Game has a project to dredge in the Upper Bay in conjunction with the City's Early Action Plan. They pro- pose to also use Site "A" as a dredge spoil site. In order to coordinate use of the site, a three -party agreement has been negotiated. Terms of the agree- ment are as follows: A. The Irvine Co. Make site available at no cost to the City and the California Department of Fish and Game for a term of one year. The term is to begin when possession of the site is requested, but no later than March 1, 1982. B. California Department of Fish and Game Act as contact party with The Irvine Company. • C. California Department of Fish and Game and City 1. Provide The Irvine Company with the grading operation plans for the respective projects. 2. Provide engineering certification that material is placed in accordance with approved grading operation plans for respective projects. July 27, Subject: Page 2 • • 1] 0 1981 Upper Newport Bay Early Action Plan -- Cooperative Agreement 3. Remove material not placed permanently on the site prior to termination of the agreement for respective projects. 4. Operate and maintain site in accordance with the requirements of all permitting agencies for the respective projects. This includes responsibility for water quality control and erosion control. 5. Obtain all permits and approvals for respective projects. 6. Obtain entry permits from The Irvine Company to gain access to site over adjacent Irvine Company lands for respective projects. 7. Hold Irvine Company harmless from and against all claims or damages arising from the respective projects. 8. Name The Irvine Company as an additional insured on com- prehensive general liability insurance during the respec- tive projects. The desired project schedule is to award a contract in September 1981, with construction completed in.March 1982. Because of the extensive permit process required, it will be difficult to meet this schedule. However, every effort is being made to complete the design and permit processes as rapidly as possible. Benjamin B. Nolan Public Works Director JW:jd Att. s^ �2 i j r t U O J Q 0 l _ c! V J Q � v! t-V to a Q Q �Q w W C _ LOW CL a P RESOLUTION NO. 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND GAME, THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR PLACEMENT OF EXCAVATED MATERIAL ON "SITE A" IN RELATION TO UPPER NEWPORT BAY DREDGING WHEREAS, the California Department of Fish and Game (DFG) and the City of Newport Beach (City) plan to dredge and excavate portions of Upper Newport Bay and San Diego Creek above the Bay and both require a convenience to dewater and deposit the resulting spoil material; and WHEREAS, The Irvine Company (TIC) owns a parcel of real property on the South side of San Diego Creek between Jamboree Road and MacArthur Boulevard, referred to as "Site A ", within close proximity of the proposed dredging and excavation operation; and WHEREAS, TIC is willing to allow DFG and /or City to use said property for a specified period of time in conjunction with the desaltation and restoration project in Upper Newport Bay and San Diego Creek; and WHEREAS, "Site A" currently appears on the Newport Beach General Plan as a site having a primary use as a public works reserve and a secondary use as general industry; and WHEREAS, City proposes to perform and interim early action plan to provide sediment control protection for Upper Newport Bay, which work consist of deeping the San Diego Creek Channel from MacArthur Boulevard to beyond Campus Drive,. installing drop in a control structure in the channel and dredging a basin down stream in Jamboree Road; and WHEREAS, the use of the property known as "Site A" is considered a source of local matching value for a pending grant 1 y under the clean water bond funds, the value of the use of the site for such purposes is agreed not to be less than one million dollars; and WHEREAS, the City Council has reviewed said agreement and finds it to be just and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement between the California Department of Fish and Game, the City of Newport Beach and The Irvine Company for placement of excavated material be and it is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City of Newport Beach for the use of "Site A" as a disposal site for Upper Newport Bay dredging. ADOPTED this 27th day of July, 1981. Mayor ATTEST; City Clerk HRC /bf 7/22/81 ~} ` \ / X p ,m § z§ 0 \ 0 }ƒ \ � � \ q G _ \ � . � \