HomeMy WebLinkAboutC-2280 - Excavation in Upper Newport Bay Ecological Reserve81/82 5C -1396
Anendm�nt #1
FIRST AMENT4ENT TO
JOINT POWERS
AGREEMENT
T
BETWEEN THE CALIFORNIA DEPARTMENT OF FISH
AND GAME AND THE CIT'i OF NEWPORT BEACH TO CONDUCT
EXCAVATION IN THE UPPER NEWPORT BAY ECOLOGICAL RESERVE
W I T N E S S E T H
WHEREAS, the DEPARTMENT OF FISH AND GAME: ( "DFG ") and the CITY" OP
NEWPORT BEACH ( "CITY ") , on September 4, 1981, entered into a JOINT POWERS
AGREEMENT to accomplish excavation of certain portions of Upper Newncr!.
Bay to increase the wetland resource values of the Upper Newport Bay
Ecological Reserve; and
WHEREAS, all bids received by CITY surpassed the anticipated costs
for accomplishing tae ,.ork, requiring a reduction in DFG's portion of tare
work (kno,,m as "PI'OJECT ") from about 233,000 cubic yards to about 150,000
cubic yards of sediment to be excavated; and a reduction in CITY's portion
of the work from about 250,000 cubic yards to about 200,000 cubic yards
of sediment to be excavated; and
WHEREAS, accomplishing the work within the constraints of the avail-
able funds will require certain changes in the obligations of the parties
to said JOINT POWERS AGREEMENT:
NOW, THEREFORE, IT IS HEREBY AGREED THAT EFFECTIVE FEBRUARY 1, 1982,
SAID JOINT POWERS AGREEMENT IS AMENDED IN THE FOLLOWING DESCRIBED MANNER.
Paragraph number 1 (page 3 of the agreement) is amended to read
as follows:
1. DFG SHALL:
a. Obtain all permits required to accomplish PROJECT.
b. Be responsible for and reimburse CITY for costs of design
engineering, construction engineering, administration, and actual
PROJECT construction, including PROJECT's proportional share of Site
"A" preparation, in the manner set forth herein. The preliminary
estimate for the total cost of the PROJECT is Seven Hundred Thousand
Dollars ($700,000), including design and construction engineering
and administration cost.
c. Review and, if found acceptable, approve PROJECT plans.
d. Name an authorized representative.to provide CITY written approval
to award contract within 10 days of PROJECT bid opening.
e. Authorized representative to provide CITY written, approval to ahtaw
contract within 10 days of PROJECT bid opening.
f. Review and, if £o:md acceptable, approve the PROJECT final report.
Paragraph 2 (page 3 of the agreement) is amended to read as follows:
2. CITY SHALL:
a. Assemble bidding documents in such a manner as to permit accounting
for funds expended on PROJECT
b. Advertise for bids.
C. Provide contract administration, design e.:uineering, and construction
engineering for the PROJECT.
d. Furnish DFG final cost estimate for PROJECT based on actual bid
results.
e. Furnish DFG reproducible "As Constructed" plans of the PROJECT;
and file a Notice of Completion for the PROJECT after final acceptance
of the work.
f. Make appropriate arrangements with The Irvine Company for
-2-
f •
y
the use of Site "A" disposal area for the PROJECT.
g. Prepare final report for the FROJECT.
h. Be responsible for all costs of design engineering, construc-
tion engineering, construction, administration, and Site
"A" preparation not included in the PROJECT portion of the
bidding documents or identified herein as the responsibility
of DFG.
Paragraphs3a, 3b, and 3c (page 4 and 5 of the agreement) are amended to
read as follows:
a. Payment by DFG to CITY in the amount of Seven Hundred
Thousand Dollars ($700,000), shall be made within THIRTY (30)
days after final execution of this Agreement. Said amount
is nearly the estimated total amount for PROJECT as detailed
on Exhibit "A ", attached hereto zinc] by this reference made a
part of this Agreement.
b. The actual cost to DFG of construction PROJECT shall be
computed as follows:
(1) Final PROJECT cost based on contract unit prices and actual
quantities of items.
(2) Prorated share of the bid item for the preparation of Site
"A" proportional to the quantity of excavated material
deposited on the site. For the purpose of determining this
cost, the quantities of deposited material shall be equal
to pay quantities for the excavation item chargeable to the
PROJECT and the CITY's portion of work.
-3-
(3) Seven Percent (7 %) of actual contract prices for items
1 and 2 above to cover cost o£:
(a) Design engineering.
(b) Contract: administration.
(c) Construction engineering.
1) Control of construction and determination of
-quantities for PROJECT.
2) Soils engineering to certify placement of PROJECT
material on Site "A ".
C. If bid prices exceed available DFG funds for the PROJECT
($700,000 payment to CITY per paragraph 3a above, plus interest
credited to account as required in following paragraph 3d),
the quantity of material to be excavated shall be reduced.
Costs for the preparation of Site "A ", contract administration
and design and construction engineering will be based on the
reduced quantity and determined in the same manner as described
in paragraph 3b above.
Paragraph 3f (page G of the agreement) is amended to read as follows:
f. DFG has completed the environmental assessments as required
by the California Environmental Quality Act of 1970.
Paragraph 3n (page 7 of agreement) is amended to read as follows:
n. Unless extended by written amendment, the term of this Agree-
ment shall commence October 1, 1981, and continue through
December 31, 1982.
That portion of said agreement identified as EXHIBIT "A" is amended in
accordance with the attached EXHIBIT "A ".
-4-
Except as herein amended, all other terms and conditions of said
JOINT POWERS AGREEI -IL14T remain unchanged and in full force and effect.
APPROVES AT TO FORM:
Attorney o City of Newport Beach.
ATTEST:
z1z,6Z/
City Clerk
-5-
CITY OF NEWPORT BEACH
X. WIN
CALIFORNIA DF.PARTIMENT OF FISH AND GAME;
By Law(. K
Pisoal OfP car
iuPorrmenf of General services
APPROVED
MAR 15 1982
C.UASNI
i
EXHIBIT "A"
UPPER NEWPORT BAY EXCAVATION
CALIFORNIA DEPARTMENT OF FISH AND GAME
PILOT MARSH RESTORATION PRCJECT
COST ESTIMATE
1. Excavation
Excavation (143,000 c.y. at $3.80 c.y.) _ $543,400
2. Spoil Site (Site "A ") Preparation:
Total Cost Site "A" Preparation ($350,000)
Total Material to be Placed on Site "A"
(450,000
DFG Portion of Site "A" Preparation
143,000 x $350,000 = $111,222
450,000
Subtotal $654,622
3. Administration, Design and Construction
Engineering Costs:
7% x $654,222 = $ 45,823
Total Cost $700,445
TO: CITY CLERK
FROM: Public Works Department
February 3, 1982
SUBJECT: AMENDED JOINT POWERS AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF FISH AND GAME
Attached are the original and four copies of the subject contract
documents. Please have executed on behalf of the City and return
the original and four copies to the Public Works Department for
transmittal to the Department of Fish and Game.
ohn Wolter
Cooperative Projects Engineer
JW:rb
Att.
F
0
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN
February 8, 1982
CITY COUNCI AGENDA
ITEM NO. �f-L)
AMENDED JOINT POWERS AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF FISH AND GAME
STATE GRANT CONTRACT WITH THE STATE WATER RESOURCES CONTROL
BOARD FOR CLEAN WATER AND WATER CONSERVATION BOND FUNDS
latI11111uT k i I iil1in's
1. Adopt a resolution authorizing the Mayor and the City Clerk to
execute the amended Joint Powers Agreement.
Adopt a resolution authorizing the Mayor and the City Clerk to
execute the State Grant Contract.
DISCUSSION:
On August 24, 1981, the City Council approved a Joint Powers Agreement
to combine the Department of Fish and Game's Pilot Marsh Restoration Project and
the City's Upper Newport Bay Early Action Plan into one construction contract to
be administered by the City. Bids for the combined projects were received in
September 1981, but had to be rejected because the low bid exceeded the $700,000
available for the Department of Fish and Game's portion of the work; and because
State Clean Water and Water Conservation Bond funds did not become available
.for the City.'s portion of the work.
Since that time, the State has successfully completed a sale of Clean
Water and Water Conservation Bonds, and the funds are now available for the
City's Early Action Plan. A State Grant Contract has been executed in the amount
of $1,304,000 from the Energy Resource fund, and a Grant Contract for $1,446,000
from.the Clean Water and Water Conservation funds is being presented for City
Council approval.
The Department of Fish and Game has modified the scope of the proposed
Pilot Marsh Restoration Project. The revised project provides for excavation
adjacent to the City's proposed Early Action Plan excavation in the Upper Bay.
See attached sketch for location of the combined projects. By performing excava-
tion adjacent to the City's basin and reducing the amount of excavation from
approximately 200,000 cubic yards to 150,000 cubic yards, it is estimated that
the Pilot Marsh Restoration Project can be accomplished for the $700,000 avail-
able from the Department of Fish and Game.
Because of the similarity of the work and the potential problems of
coordinating separate contracts within the Upper Bay,it will be to the mutual
benefit and savings of both the Department of Fish and Game and the City to
} February 8, 1982
Subject: Upper Newport Bay Early Action Plan
Page 2
combine the modified work into one contract. The amended Joint Powers Agreement
provides for one construction project to be administered by the City.
I. TERMS OF THE MODIFIED JOINT POWERS AGREEMENT
DEPARTMENT OF FISH AND GAME SHALL:
1. Obtain all permits required for their portion of work.
2. Provide water quality control monitoring for their portion
of work.
3. Be responsible for and forward to the City within 30 days
of execution of the agreement the costs of design engineer-
ing, construction engineering, administration, and actual
construction of their portion of work (estimated to be
$700,000).
4. Name an authorized representative.
5. Provide written approval to award contract within 10 days
of project bid opening.
6. Review and, if found acceptable, approve project final report.
CITY OF NEWPORT BEACH SHALL:
1. Prepare plans, specifications and contract documents.
2. Advertise for bids.
3. Provide contract administration, design engineering, and
construction engineering.
4. Furnish Department of Fish and Game final cost estimate
for work based on actual bid results.
5. Furnish Department of Fish and Game "As Constructed"
plans and file a Notice of Completion after final accep-
tance of the work.
6. Make arrangements with The Irvine Company for the use of
"Site A" disposal area.
7. Prepare final report for the project.
II. TERMS AND CONDITIONS FOR STATE GRANT CONTRACT:
A. Eligible Costs (Project costs incurred after July 17, 1980,
are eligible for State participation with
Clean Water and Water Conservation Bond
funds)
1. Planning, design, and construction of desalting basins
and appurtenant works.within San Diego Creek and the
Upper Bay.
9 0
February 8, 1982
Subject: Upper Newport Bay Early Action Plan
Page 3
2. Costs incurred in obtaining necessary permits, licenses,
and environmental documents for work in San Diego Creek
and the Upper Bay.
3. Credit to the project of $1,000,000 for the use of the
"Site A" disposal area is defined as City of Newport
Beach matching funds under this contract.
Conditions of Concept Approval
1. 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 permits have been issued.
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.
3. 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 l(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.
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.
February 8, 1982
Subject: Upper Newport Bay Early Action Plan
Page 4
C. Funding
1. Clean Water and Water Conservation
Funds $1,446,000
2. Local Portion
City of Newport Beach Credit
for Use of "Site A" disposal
area 1,000,000
$2,446,000
The plans and specifications for the combined projects are being
finalized by Boyle Engineering. A project status report and the plans and
the specifications will be presented for Council approval and authorization
to advertise at the next Council meeting. The project schedule is for com-
pletion of work by September 1982.
B Nolan
Public Works Director
JW:jd
Att.
C -2280
See Contract File for Maps
Excavation in Upper Newport Bay Ecological
Reserve
RESOLUTION NO. 182-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDED JOINT POWERS
AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF
FISH AND GAME AND THE CITY OF NEWPORT BEACH TO
CONDUCT EXCAVATION IN THE UPPER NEWPORT BAY
ECOLOGICAL RESERVE AND RESCIND RESOLUTION
NO. 11032
WHEREAS, on August 24, 1981, the City Council of the
City of Newport Beach adopted Resolution No. 11032 which, except
for the number of cubic yards of sediment to be excavated from
the Upper Newport Bay, was in all form and content the same as
hereinafter recited; and
WHEREAS, subsequent to that passage, the amount of
cubic yards of sediment to be excavated has decreased as
hereinafter recited, and the City Council is desirous of adopting
a resolution which accurately reflects the terms therein; and
WHEREAS, the California Department of Fish and Game
(hereinafter referred to as "DFG ") is the owner of a large
portion of the Upper Newport Bay, administers the entire area
within the Upper Newport Bay Ecological Reserve and plans to
excavate portions of the Upper Newport Bay to increase the
wetland resource values of the reserves; and
WHEREAS, DFG intends to accomplish habitat restoration
called "The Pilot Marsh Restoration Project" (hereinafter
referred to as "Project ") as soon as possible, and intends to
excavate about 150,000 cubic yards of sediment from the Upper
Newport Bay; and
WHEREAS, the City of Newport Beach ( "City ") is the
local government jurisdiction which has been instrumental in
seeking appropriations to construct facilities to prevent
sediment transport into the Upper Newport Bay, and intends to
implement this action as soon as possible; and
WHEREAS, City intends to excavate about 200,000 cubic
yards of sediment from the Upper Newport,Bay; and
WHEREAS, the City and DFG intend to dispose of the
excavated material upon The Irvine Company's property designated
as Site "A "; and
WHEREAS, it would be impracticle for both DFG and City
to utilize Site "A" simultaneously to perform said work; and
WHEREAS, if the excavation work within the Upper
Newport Bay were performed by the same contrctor, move -in and
mobilization costs would be reduced, thus, resulting in savings
F
to both DFG and City; and
WHEREAS, DFG and City, in an effort to coordinate
construction, have determined that it would be to the mutual
benefit and savings of both DFG and City to accomplish this
project under City contract; and
WHEREAS, DFG and City are authorized to enter into a
Joint Powers Agreement, pursuant to GovV nment Code Sections
65000 et seq; and
WHEREAS, DFG and City desire to set forth their
respective rights and obligations concerning the project in a
Joint Powers Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Joint Powers Agreement between
the California Department of Fish and Game and the City of
Newport Beach to conduct excavation in the Upper Newport Bay
ecological reserve be and it is hereby approved. The Mayor and
City Clerk are hereby authorized and directed to execute said
Agreement on behalf of the City of Newport Beach.
BE IT FURTHER RESOLVED that Resolution No. 11032 be and
hereby is rescinded.
ADOPTED this _ day of FEB 08 , '41982.
Mayor
ATTEST:
City Cler
1/25/82
PR
•� FIRST AMENDMENT TO
JOINT POWERS
AGREEMENT
BETWEEN THE CALIFORNIA DEPARTMENT OF FISH
A14D GAME AND THE CITY OF NEWPORT BEACH TO CONDUCT
EXCAVATION IN THE UPPER NEWPORT BAY ECOLOGICAL RESERVE
W I T N E S S E T H
WHEREAS, the DEPARTMENT OF FISH AND GAME ( "DFG ") and the CITY OF
NEWPORT BEACH ( "CITY "), on September 4, 1981, entered into a JOINT POt,'EFS
AGREMENT to accomplish excavation of certain portions of Upper Newport
Bay to increase the wetland resource values of the Upper Newport Bay
Ecological Reserve; and
WHEREAS, all bids received by CITY surpassed the anticipated costs
for accomplishing the work, requiring a reduction in DFG's portion of the
work (kno+m as "PROJECT ") from about 238,000 cubic yards to about 150,000
cubic yards of sediment to be excavated; and a reduction in CITY's portion
of the work from about 250,000 cubic yards to about 200,000 cubic yards
of sediment to be excavated; and
WHEREAS, accomplishing the work within the constraints of the avail-
able funds will require certain changes in the obligations of the parties
to said JOINT PO:iaRS AGREEMENT:
NOW, THEREFORE, IT IS HEREBY AGREED T1iAT EFFECTIVE FEBRUARY 1, 1982,
SAID JOINT POWERS AGREE�MNIT IS AMENDED IN THE FOLLOWING DESCRIBED MANNER.
Paragraph number 1 (page 3 of the agreement) is amended to read
as follows:
1. DFG SHALL;
a. Obtain all permits required to accomplish PROJECT.
b. Be responsible for and reimburse CITY for costs of design
•
0
engineering, construction engineering, administration, and actual
PROJECT construction, including PROJECT's proportional share of Site
"A" preparation, in the manner set forth herein. The preliminary
estimate for the total cost of the PROJECT is Seven Hundred Thousand
Dollars ($700,000), including design and construction engineering
and administration cost.
C. Review and, if found acceptable, approve PROJECT plans.
d. Name an authorized representative.to provide CITY written approval
to award contract within 10 days of PROJECT bid opening.
e. Authorized representative to provide CITY written approval to award
contract within 10 days of PROJECT bid opening.
f. Review and, if found acceptable, approve the PROJECT final report.
Paragraph 2 (page 3 of the agreement) is amended to read as follows:
2. CITY SHALL:
a. Assemble bidding documents in such a manner as to permit accounting
for funds expended on PROJECT.
b. Advertise for bids.
c. Provide contract administration, design engineering, and construction
engineering for the PROJECT.
d. Furnish DFC final cost estimate for PROJECT based on actual bid
results.
e. Furnish DFG reproducible "As Constructed" plans of the PROJECT;
and file a Notice of Completion for the PROJECT after final acceptance
of the work.
f. Make appropriate arrangements with The Irvine Company for
-2-
the ut of Site "A" disposal area fork PROJECT.
g. Prepare final report for the PROJECT.
h. Be responsible for all costs of design engineering, construc-
tion engineering, construction, administration, and Site
"A" preparation not included in the PROJECT portion of the
bidding documents or identified herein as the responsibility
of DFG.
Paragraphs3a, 3b, and 3c (page 4 and 5 of the agreement) are amended to
read as follows:
a. Payment by DFG to CITY in the amount of Seven Hundred
Thousand Dollars ($700,000), shall be made within THIRTY (30)
days after final execution of this Agreement. Said amount
is nearly the estimated total amount for PROJECT as detailed
on Exhibit "A ", attached hereto and by this reference made a
part of this Agreement.
b. The actual cost to DFG of construction PROJECT shall be
computed as follows:
(1) Final PROJECT cost based on contract unit prices and actual
quantities of items.
(2) Prorated share of the bid item for the preparation of Site
"A" proportional to the quantity of excavated material
deposited on the site. For the purpose of determining this
cost, the quantities of deposited material shall be equal
to pay quantities for the excavation item chargeable to the
PROJECT and the CITY's portion of work.
-3-
{
•
(3) Seven Percent (7 %) of actual contract prices for items
1 and 2 above to cover cost of:
(a) Design engineering.
(b) Contract administration.
(c) Construction engineering.
1) Control of construction and determination of
quantities for PROJECT.
2) Soils engineering to certify placement of PROJECT
material on Site "A"
C. If bid prices exceed available DFG funds for the PROJECT
($700,000 payment to CITY per paragraph 3a above, plus interest
credited to account as required in following paragraph 3d),
the quantity of material to be excavated shall be reduced.
Costs for the preparation of Site "A ", contract administration
and design and construction engineering will be based on the
reduced quantity and determined in the same manner as described
in paragraph 3b above.
Paragraph 3f (page 6 of the agreement) is amended to read as follows:
f. DFG has completed the environmental assessments as required
by the California Environmental Quality Act of 1970.
Paragraph 3n (page 7 of agreement) is amended to read as follows:
n. Unless extended by written amendment, the term of this Agree-
rent shall commence October 1, 1981, and continue through
December 31, 1982.
That portion of said agreement identified as EXHIBIT "A" is amended in
accordance with the attached EXHIBIT "A ".
-4-
Except as herein amended, all other terms and conditions of said
JOINT POWERS AGREEMENT remain unchanged and in full force and effect.
APPROVES AT TO FORM::
Attorney of City of Newport Beach
CITY OF NEWPORT BEACH
((//IIIII�
�L
/ �aI.
CALIFORNIA DEPARTMENT OF FISH i;ND GA';E
ATTEST:
By
City Clerk
-5-
4,
., i •
EXHIBIT "A"
UPPER NEWPORT BAY EXCAVATION
CALIFORNIA DEPARTMENT OF FISH AND GAME
PILOT MARSH RESTORATION PROJECT
COST ESTIMATE
1. Excavation
Excavation (143,000 c.y. at $3.80 c.y.) _ $543,400
2. Spoil Site (Site "A ") Preparation:
Total Cost Site "A" Preparation ($350,000)
Total Material to be Placed on Site "A"
(450,000 c.y.)
DFG Portion of Site "A" Preparation
143,000 x $350,000 = $111,222
450,000
Subtotal $654,622
3. Administration, Design and Construction
Engineering Costs:
7% x $654,222 = $ 45,823
Total Cost $700,445
Q�( January 25, 1982
Uo CITY COUNCIL AGEND
JAN ?5198? ITEM NO. f —_2rr
By th-- "T'Y COUNCIL
TO: CITY COUNCIL cITy OF NZWPORT BEACH
FROM: Public Works Department
SUBJECT: AMENDED JOINT POWERS AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
FISH AND GAME
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and the City Clerk to
execute the amended Joint Powers Agreement.
DISCUSSION:
On August 24, 1981, the City Council approved a Joint Powers Agreement
to combine the Department of Fish and Game's Pilot Marsh Restoration Project
and the City's Upper Newport Bay Early Action Plan into one construction contract
to be administered by the City. Bids for the combined projects were received
in September 1981, but had to be rejected because the low bid exceeded the
$700,000 available for the Department of Fish and Game's portion of the work;
and because State Clean Water and Water Conservation Bond funds did not become
available for the City's portion of the work.
Since that time, the State has successfully completed a sale of Clean
Water and Water Conservation Bonds, and the funds are now available for the
City's Early Action Plan. A State Grant Contract has been executed in the
amount of $1,304,000 from the Energy Resource fund, and a Grant Contract for
$1,446,000 from the Clean Water and Water Conservation funds will be presented
for City Council approval in February.
The Department of Fish and Game has modified the scope of the proposed
Pilot Marsh Restoration Project. The revised project provides for excavation
adjacent to the City's proposed Early Action Plan excavation in the Upper Bay.
See attached sketch for location of the combined projects. By performing ex-
cavation adjacent to the City's basin and reducing the amount of excavation from
approximately 200,000 cubic yards to 150,000 cubic yards, it is estimated that
the Pilot Marsh Restoration Project can be accomplished for the $700,000 avail-
able from the Department of Fish and Game.
Because of the similarity of the work and the potential problems of
coordinating separate contracts within the Upper Bay, it will be to the mutual
benefit and savings of both the Department of Fish and Game and the City to
combine the modified work into one contract. The amended Joint Powers Agreement
provides for one construction project to be administered by the City. Terms of
the modified agreement provide the following:
DEPARTMENT OF FISH AND GAME SHALL:
Obtain all permits required for their portion of work.
Provide water quality control monitoring for their portion
of work.
January 25, 1982
Subject: Amended Joint Powers Agreement with the California Department of
Fish and Game
Page 2
3. Be responsible for and forward to the City within 30 days of
execution of the agreement the costs of design engineering,
construction engineering, administration, and actual construc-
tion of their portion of work (estimated to be $700,000).
4. Name an authorized representative.
5. Provide written approval to award contract within 10 days of
project bid opening.
6. Review and, if found acceptable, approve project final report.
CITY OF NEWPORT BEACH SHALL:
1. Prepare plans, specifications and contract documents.
2. Advertise for bids.
3. Provide contract administration, design engineering, and
construction engineering.
4. Furnish Department of Fish and Game final cost estimate for
work based on actual bid results.
5. Furnish Department of Fish and Game "As Constructed" plans
and file a Notice of Completion after final acceptance of
the work.
6. Make arrangements with The Irvine Company for the use of
"Site A" disposal area.
7. Prepare final report for the project.
Permits for the Department of Fish and Game's portion of work have
been applied for and received. Permits for the City's portion of the work
have been applied for from the Coastal Commission, the Corps of Engineers, the
Water Quality Control Board, the Orange County Environmental Management Agency,
the Orange County General Services Agency (Solid Waste Management), and the
State Department of Fish and Game. Staff has been in contact with all of
these agencies,and permits or letters of clearance are anticipated prior to
award of the contract.
The plans and specifications for the combined projects are being
finalized by Boyle Engineering. The project schedule is to advertise for
bids in February 1982, with completion of the work by September 1982.
Benjamin B. Nolan
Public Works Director
JW:jd
Att.
0
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE Dec. 21 r 1981
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C -2280
Description of Contract Joint Powers Agreement w/
CA Dept. of Fish & Game to conduct excavation in the Upper
Newport Bay Ecological Reserve
Effective date of Contract September 4, 1981
Authorized by Resolution No.11032 r adopted on 8/24/81
Contract with California Dept of Fish 8 Game
Amount of Contract'$ Syee Contract
/s/ Wanda E. Andersen
WANDA E. ANDERSEN
City Clerk
WEA:lr
City Hall • :3300 Newport Boulevard, Newport Beach, California 92663
5 -81
81/82 5C -1396
4 4 . JOINT POWERS
AGREEMENT
BETWEEN THE CALIFORNIA DEPARTMENT OF FISH
AND GAME AND THE CITY OF NEWPORT BEACH TO CONDUCT
EXCAVATION IN THE UPPER NEWPORT BAY ECOLOGICAL RESERVE
THIS JOINT POWERS AGREEMENT IS ENTERED INTO THIS day of
i
1981, between the CALIFORNIA DEPARTMENT OF FISH AND GAME (hereinafter referred
to as "DFG ") and the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ").
W I T N E S S E T H
WHEREAS, DFG is the owner of a large portion of the Upper Newport Bay,
administers the entire area within the Upper Newport Bay Ecological Reserve,
and plans to excavate portions of Upper Newport Bay to increase the wetland
resource values of the Reserve; and
WHEREAS, DFG intends to accomplish habitat restoration called "The Pilot
Marsh Restoration Project" (hereinafter referred to as "PROJECT ") as soon as
possible, and intends to excavate about 238,000 cubic yards of sediment
from the bay; and
WHEREAS, DFG intends to dispose of the excavated material upon The Irvine
Company's property designated as Site "A "; and
WHEREAS, CITY is the local government jurisdiction, has been instrumental
in seeking appropriations to construct facilities to prevent sediment
transport into the Bay, and intends to implement this action as soon as
possible; and
r •
WHEREAS, CITY is obtaining Clean Water Act Grant and Energy Resource Funds
to construct sediment basins, and one such basin will be constructed within
the DFG property under the 208 Early Action Interim Plan; and
WHEREAS, CITY intends to excavate about 250,000 cubic yards of sediment from
the Upper Bay; and
WHEREAS, CITY intends also to dispose of the excavated material on The
Irvine Company's Site "A" under appropriate agreement with The Irvine Company;
"M.1
WHEREAS, it would be impractical for both DFG and CITY to utilize Site "A"
simultaneously; and
WHEREAS, if the excavation work within the Bay were performed by the same
contractor, move -in and mobilization costs would be reduced thus resulting
in savings to both DFG and CITY; and
WHEREAS, DFG and CITY, in an effort to coordinate construction, have deter-
mined that it will be to the mutual benefit and savings of both DFG and
CITY to accomplish PROJECT under the CITY contract; and
WHEREAS, DFG and CITY are authorized to enter into a JOINT POWERS AGREEMENT
pursuant to Government Code Sections 6500 et seq.; and
WHEREAS, DFG and CITY desire to set forth their respective rights and obliga-
tions concerning PROJECT:
-2-
0
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS:
1. DFG SHALL:
a. Provide plans, special provisions and cost estimates suitable
for obtaining bids for the construction of the PROJECT.
b. Obtain all permits required to accomplish PROJECT.
c. Be responsible for and reimburse CITY for costs of construction
engineering, administration, and actual PROJECT construction,
including PROJECT's portion of Site "A" preparation, in the manner
set forth herein. The preliminary estimate for the total cost of
the PROJECT is Seven Hundred Thousand Dollars ($700,000), including
construction engineering and administration cost.
d. Name an authorized representative for the PROJECT.
e. Authorized representative to provide CITY written approval to
award contract within 10 days of PROJECT bid opening.
f. Review and, if found acceptable, approve the PROJECT final
report.
2. CITY SHALL:
a. Assemble bidding documents in such a manner as to separate
PROJECT from CITY's portion of work.
b. Advertise for bids.
C. Provide contract administration and construction engineering, for
the PROJECT.
d. Furnish DFG final cost estimate for PROJECT based on actual bid
results.
-3-
e. Furnish DFG reproducible "As Constructed" plans of the PROJECT;
and file a Notice of Completion for the PROJECT after final
acceptance of the work.
f. Make appropriate arrangements with The Irvine Company for the
use of Site "A" disposal area for the PROJECT.
g. Prepare final report for the PROJECT.
h. Be responsible for all costs of construction engineering,
construction, administration and Site "A" preparation not included
in the PROJECT portion of the bidding documents or identified
herein as the responsibility of DFG.
3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
a. Payment by DFG to CITY in the amount of Seven Hundred Thousand
Dollars ($700,000), SHALL be made within THIRTY (30) days after
final execution of this agreement. Said amount is the estimated
total amount for PROJECT as detailed on Exhibit "A ", attached hereto
and by this reference made a part of this agreement.
b. The actual cost to DFG of constructing PROJECT SHALL be computed
as follows:
(1) Final PROJECT cost based on contract unit prices and actual
quantities of items.
(2) Prorated share of the bid item for the preparation of Site
"A" proportional to the quantity of excavated material
deposited on the site. For the purpose of determining
this cost, the quantities of deposited material shall be
equal to pay quantities for the excavation item in the
PROJECT and the CITY's portion of work.
-4-
(3) Seven Percent (7%) of actual contract prices for items 1
and 2 above to cover cost of:
(a) Contract Administration.
(b) Construction engineering.
1) Control of construction and determination of
quantities for PROJECT.
2) Soils engineering to certify placement of
PROJECT material on Site "A ".
C. If bid prices exceed available DFG funds for the PROJECT, the
quantity of material to be excavated may be reduced. Costs
for the preparation of Site "A ", Contract Administration and
construction engineering will be based on the reduced quantity and
determined in the same manner as described in paragraph 3b above.
d. CITY will make monthly progress payments to contractor for PROJECT
construction items completed. CITY will hold DFG payment in a
separate account to which shall be credited all interest earned.
CITY will maintain a complete and accurate record of all expenditures
made from said account, including identification of the recipients
and the purposes therefor, and will provide DFG with a general bi-
monthly report on the status of the account. A detailed accounting
will be included in the PROJECT final report from CITY to DFG. Upon
completion of the PROJECT, should any funds remain in said account
following reimbursement to CITY under paragraph 3b above and final
payment to the contractor, CITY shall promptly return them to DFG.
-5-
e. CITY shall retain the records described in 3d above during the
term of this agreement and for the three year period immediately
thereafter unless earlier informed in writing by DFG that the
records may be disposed of; and during such period shall make the
records available to DFG for review during normal business hours
upon reasonable notice that DFG desires such a review.
f. DFG has completed the environmental assessments as required by
the California Environmental Quality Act of 1970 by approving
a Negative Declaration for the PROJECT and has filed the Notice
of Determination with the Clerk of the Board of Supervisors of
the County.
g. During construction CITY shall assign a qualified inspector who
shall be charged with overall contract administration and who shall
assure that construction is accomplished in accordance with the
plans and specifications. The work, however, shall be subject
at all times to inspection by authorized representatives of both
parties.
h. Change orders will require written approval from DFG. In case
of urgency, however, verbal approval by the authorized representa-
tive of DFG, noted in paragraph 1 -d above, shall be provided with
written approval to follow.
i. CITY shall file a Notice of Completion for the PROJECT after final
acceptance of the work.
j. DFG shall, insofar as it may legally do so, indemnify and hold harm-
less CITY and its officers and employees, from any damage or liability
arising from any errors, omissions, or negligence in DFG's performance
of this Agreement.
QS
k. CITY shall, insofar as it may legally do so, indemnify and hold
harmless DFG and its officers and employees, from any damage or
liability arising from any errors, omissions, or negligence in
CITY's performance of this Agreement.
1. Any equipment purchased by CITY with funds provided by DFG under
this agreement shall be promptly reported to DFG and shall be the
property of DFG during the customary depreciable life thereof.
Should this agreement be terminated for any reason, or upon its
expiration, all such equipment shall promptly be returned to DFG.
For the purposes of this agreement, equipment shall be defined as
all moveable articles of nonexpendable property which has: (1) A
normal useful life, including extended life due to repairs, or
two years or more; (2) an identity which does not change with use,
i.e., it is not consumed by use or converted by fabrication into
some other form of property; and (3) an approximate unit cost of
one hundred fifty dollars ($150.00) or more.
M. This agreement may be amended by mutual written consent of the
parties hereto.
n. Unless extended by written amendment, the term of this agreement
shall commence October 1, 1981 and continue through.7une 30, 1982.
o. The attached Fair Employment Practices Addendum pertains to this
agreement and is hereby made a part hereof, with all references to
"contractor" understood to mean CITY.
-7-
11
IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on the
day and year first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
Beach Mayo
ATTEST: CALIFORNIA DEPARTMENT OF FISH AND GAME
By
City Clerk ��=' 'l2lll L 1 \t%
I hereby certify that all conditions far exemption wt
forth i, S :r. Wmim iaa6..e Mc: vcl Seams cn 1105 hcve
bean ccmp!ied W' anj ih;; dcn ..cni iz eacmpi from
roview by the Department of Finance.
Z.
Mu
ICY V _7 {'F i . �. 1 \t �• '._..
SEP. 171981
Depaty DirP'w
.FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, ancestry, sex *, age *, national
origin, or physical handicap *. The Contractor will take affirmative action to ensure that appli-
cants are employed, and that employees are treated during employment, without regard to their
race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of com-
pensation; and selection for training, including apprenticeship. The Contractor shall post in
conspicuous places, available to employees and applicants for employment, notices to be pro-
vided by the State setting forth the provisions of this Fair Employment Practices section.
2. The Contractor will permit access to his records of employment, employment advertisements,
application forms, and other pertinent data and records by the State Fair Employment Practices
Commission, or any other agency of the State of California designated by the awarding authority,
for the purposes of investigation to ascertain compliance with the Fair Employment Practices
section of this contract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment Practices pro-
vision to have occurred upon receipt of a final judgment having that effect from a
court in an action to which Contractor was a party, or upon receipt of a written notice
from the Fair Employment Practices Commission that it has investigated and deter-
mined that the Contractor has violated the Fair Employment Practices Act and has
issued an order, under Labor Code Section 1426, which has become final, or obtained
an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision, the State shall
have the right to terminate this contract either in whole or in part, and any loss or
damage sustained by the State in securing the goods or services hereunder shall be
borne and paid for by the Contractor and by his surety under the performance bond, if
any, and the State may deduct from any moneys due or that thereafter may become due
to the Contractor, the difference between the price named in the contract and the
actual cost thereof to the State.
*See Labor Code Sections 1411 - 1432.5 for further details.
eoai -no
12.1. 1.. o..P S TD. 3 (Rev. 11/74)
0
EXHIBIT "A"
UPPER NEWPORT BAY EXCAVATION
CALIFORNIA DEPARTMENT OF FISH AND GAME
PILOT MARSH RESTORATION PROJECT
COST ESTIMATE
1. Excavation:
Mobilization (Lump Sum) _ $ 45,000
Excavation (238,000 c.y. at $1.90 /c.y.) = 452,200
2. Spoil Site (Site "A ") Preparation:
Total Cost Site "A" Preparation ($322,000)
Total Material to be Placed on Site "A"
(488,000 c.y.)
DFG Portion of Site "A" Preparation
238,000 x $322,000 = $157,000
488,000
Subtotal $654,200
3`. Administration and Construction Engineering
Cost:
7% x $654,200 = $ 45,800
Total Cost $700,000
TO: CITY COUNCIL
FROM: Public Works Department
i X33)
August 24, 1981
CITY COUNCIL AGENDA
ITEM NO. E —a, Es.)
SUBJECT: (1) JOINT POWERS AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FISH AND
GAME TO COMBINE THE DEPARTMENT OF FISH AND GAME'S PILOT MARSH
RESTORATION PROJECT AND THE CITY'S UPPER NEWPORT BAY EARLY ACTION
PLAN INTO ONE CONSTRUCTION CONTRACT TO BE ADMINISTERED BY THE CITY
(2) UPPER NEWPORT BAY EARLY ACTION PLAN - -UPPER BAY IMPROVEMENTS; AND
DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATION (C -2277)
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and the City Clerk to
execute the subject joint powers agreement.
2. Approve the plans and specifications.
3. Authorize the City Clerk to advertise for bids to be opened
at 2:30 P.M. on September 11, 1981.
DISCUSSION:
The City's 208 Water Quality Planning Study recommended an Early
Action Plan to provide sediment control protection for the Upper Newport Bay.
The work consists of a low -flow channel in San Diego Creek from Jamboree Road
to MacArthur Boulevard, deepening San Diego Creek channel from MacArthur
Boulevard upstream to beyond Campus Drive, installing drop and control structures
in the channel, and excavating a basin downstream of Jamboree Road. In order to
receive the most favorable bid results, the work has been split into two separate
contracts. Bids will be opened on September 1, 1981, for all the work in San
Diego Creek, Contract No. 2276.
The subject project includes all the City's Early Action Plan excava-
tion downstream of Jamboree Road, and the Department of Fish and Game's Pilot
Marsh Restoration Project. This project extends a channel downstream from the
City's project into the Upper Bay.
Because of the similarity of the work and the potential problems of
coordinating separate contracts within the Upper Bay, it will be to the mutual
benefit and savings of both the Department of Fish and Game and the City to com-
bine the proposed work into one contract. The subject joint powers agreement
provides for one construction contract to be administered by the City. Terms
of the agreement provide for the following:
DEPARTMENT OF FISH AND GAME SHALL:
1. Provide plans and specifications for their portion of work.
August 24, 1981 • •
Subject: (1) Joint Powers Agreement with the California Department of Fish and
Game. . .
(2) Upper Newport Bay Early Action Plan- -Upper Bay Improvements. . . .
Page 2
2. Obtain all permits required for their portion of work.
The geotechnical investigation indicates the deeper material within
the limits of the City's portion of the work is very poor quality. Samples
taken from borings and test pits reveal that the upper three to four feet of
material is fine silty sand; however, the lower material, approximately 70% of
the material to be excavated, is a very fine silty clay material. Because this
clayey material will be more difficult and possibly more costly than anticipated
to excavate, two alternate designs have been prepared. Alternate 1, as origi-
nally planned, will be the deeper basin. Alternate 2 will be a shallower basin
with a greater surface area. Both alternates will excavate an equal quantity
of material.
3.
Provide water quality control monitoring for their portion of work.
4.
Be responsible for and forward to the City within 30 days of
execution of the agreement the costs of construction engineering,
administration, and actual construction of their portion of work
(estimated to be $700,000).
5.
Name an authorized representative.
6.
Provide written approval to award contract within 10 days of
project bid opening.
7.
Review and, if found acceptable, approve project final report.
CITY
OF NEWPORT BEACH SHALL:
1.
Assemble bidding documents.
2.
Advertise for bids.
3.
Provide contract administration and construction engineering.
4.
Furnish Department of Fish and Game final cost estimate for work
based on actual bid results.
5.
Furnish Department of Fish and Game "As Constructed" plans and
file a Notice of Completion after final acceptance of the work.
6.
Make arrangements with The Irvine Company for the use of "Site A"
disposal area.
7.
Prepare final report for the project.
A
three -party agreement to dispose of material from the Department of
Fish and
Game's project and the City's project on The Irvine Company's "Site A"
property
was
not executed by the Department of Fish and Game. A two -party agree-
ment with
The
Irvine Company to dispose of the material from the combined project
is being
prepared and will be ready for City Council approval prior to award of
the subject
contract.
The geotechnical investigation indicates the deeper material within
the limits of the City's portion of the work is very poor quality. Samples
taken from borings and test pits reveal that the upper three to four feet of
material is fine silty sand; however, the lower material, approximately 70% of
the material to be excavated, is a very fine silty clay material. Because this
clayey material will be more difficult and possibly more costly than anticipated
to excavate, two alternate designs have been prepared. Alternate 1, as origi-
nally planned, will be the deeper basin. Alternate 2 will be a shallower basin
with a greater surface area. Both alternates will excavate an equal quantity
of material.
0
August 24, 1981
Subject: (1) Joint Powers Agreement with the California Department of Fish and
Game. .
(2) Upper Newport Bay Early Action Plan- -Upper Bay Improvements. . . .
Page 3
Permits for the Department of Fish and Game's portion of work have
been applied for and received. Permits for the City's portion of the work have
been applied for from the Coastal Commission, the Corps of Engineers, the Water
Quality Control Board, the Orange County Environmental Management Agency, and
the State Department of Fish and Game. Staff has been in continual contact with
all of these agencies, and permits or letters of clearance are anticipated prior
to award of the contract.
Funds for the City's portion of the work, State Clean Water Bond funds
and Energy Resource funds, have been provided in the current State budget.
Before the funds can be utilized by the City, they must be combined in a grant
contract between the City and State Water Resources Control Board. The Santa Ana
Regional Board is acting for the State Board and is presently preparing the con-
tract with City staff. The funding contract will be prepared for City Council
approval prior to award of this construction contract.
The plans and specifications for the City's portion of work were pre-
pared by Boyle Engineering. The plans and specifications for Department of Fish
and Game's portion of work were prepared by the Department of Fish and Game.
The Engineer's estimate is $1,000,000 (City) and $650,000 (Department.
of Fish and Game).
The project schedule calls for completion of the work in the Upper Bay
by April 2, 1982.
An illustrative exhibit is attached for reference.
c
Benj �, amin B. Nolan
Public Works Director
JW:jd
Att.
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CITY OF NEWPORT BEA
PUBLIC WORKS DEPARTMENT
UPPER NEWPORT BAY
EXCAVATION
COMBINED PROJECTS
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PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO.
i
RESOLUTION NO. 1 1 0 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A JOINT
POWERS AGREEMENT BETWEEN THE CALIFORNIA
DEPARTMENT OF FISH AND GAME AND THE CITY
OF NEWPORT BEACH TO CONDUCT EXCAVATION IN
THE UPPER NEWPORT BAY ECOLOGICAL RESERVE
WHEREAS, the California Department of Fish and Game
(hereinafter referred to as "DFG ") is the owner of a large
portion of the Upper Newport Bay, administers the entire area
within the Upper Newport Bay Ecological Reserve and plans to
excavate portions of the Upper Newport Bay to increase the
wetland resource values of the reserves; and
WHEREAS, DFG intends to accomplish habitat restoration
called "The Pilot Marsh Restoration Project" (hereinafter
referred to as "Project ") as soon as possible, and intends to
excavate about 238,000 cubic yards of sediment from the Upper
Newport Bay; and
WHEREAS, the City of Newport Beach ( "City ") is the
local government jurisdiction which has been instrumental in
seeking appropriations to construct facilities to prevent
sediment transport into the Upper Newport Bay, and intends to
implement this action as soon as possible; and
WHEREAS, City intends to excavate about 250,000 cubic
yards of sediment from the Upper Newport Bay; and
WHEREAS, City and DFG intend to dispose of the
excavated material upon The Irvine Company's property designated
as Site "A "; and
WHEREAS, it would be impracticle for both DFG and City
to utilize Site "A" simultaneously to perform said work; and
- - _ • 0
WHEREAS, if the excavation work within the Upper
Newport Bay were performed by the same contractor, move -in and
mobilization costs would be reduced, thus, resulting in savings
to both DFG and City; and
WHEREAS, DFG and City, in an effort to coordinate
construction, have determined that it would be to the mutual
benefit and savings of both DFG and City to accomplish this
project under City contract; and
WHEREAS, DFG and City are authorized to enter into a
Joint Powers Agreement, pursuant to Government Code Sections 6500
et seq; and
WHEREAS, DFG and City desire to set forth their
respective rights and obligations concerning the project in a
Joint Powers Agreement,
NOW, THEREFORE BE IT RESOLVED by the City Council of
the City of Newport Beach that the Joint Powers Agreement between
the California Department of Fish and Game and the City of
Newport Beach to conduct excavation in the Upper Newport Bay
ecological reserve be and it is hereby approved. The Mayor and
City Clerk are hereby authorized and directed to execute said
Agreement on behalf of the City.
ADOPTED this _ day of AUG 24 1981.
ATTEST:
City Clerk
HRC /pr
8/24/81
Mayor
2