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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. 141, CpUNTQY 7NV C<U� 1 a '4 Cl �K 0 \\ �` `° �. 1- 'I- I1..,.� nlE na..lk �LC'llall CITY OF NEWPORT BEA PUBLIC WORKS DEPARTMENT UPPER NEWPORT BAY EXCAVATION COMBINED PROJECTS I �l CX J 11 i I/ 'A H I C *DRAWN mow' H APPROVED . d o i a �\ o 'I 1 �\ \�1 141{ 5/ s 11 I I Qa55WOV � 1� DATE = 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