HomeMy WebLinkAboutC-2483(C) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Prepare Preliminary PlanC
JOINT POWERS AGREEMENS
Between the California Department of Fish and Game and
the City of Newport Beach to Prepare Preliminary Plans
and Environmental Documents for Wetlands Restoration
and to Control Sediment Deposition in Upper Newport Bay
Ecological Reserve
tDFG) 84/85 C -92
THIS JOINT POWERS AGREEMENT IS ENTERED INTO THIS / -s: t day of
1984, 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 part of Upper Newport Bay, administering
it as Upper Newport Bay Ecological Reserve, and plans to excavate portions of
Upper Newport Bay to increase the wetland resources values of the Reserve and
reverse damage caused by past sediment deposition; and
WHEREAS, CITY is a local government jurisdiction, concerned about sediment
deposition in Newport Bay, and instrumental in funding the construction of
facilities to prevent sediment transport into the Bay; and
WHEREAS, CITY and DFG have entered into an agreement (hereinafter referred to
as "IN -BAY AGREEMENT "), with The Irvine Company, County of Orange, the Orange
County Harbors, Beaches and Parks District, and the City of Irvine (hereinafter
referred to as the "PARTIES ") to finance the construction and maintenance of
wetland restoration /sediment control facilities in Upper Newport Bay; and
WHEREAS, it is the intent of the IN -BAY AGREEMENT to accomplish excavation for
wetland restoration and sediment control (hereinafter referred to as "PROJECT ");
and
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WHEREAS, it is the intent of the IN -BAY AGREEMENT to accomplish planned PROJECT
in two (2) units to be funded separately; and
WHEREAS, planning for the first unit is complete and work will begin by March,
1985; and
WHEREAS, it is necessary to complete preliminary engineering and environmental
analysis as part of the budgeting process for the second unit of the PROJECT
(hereinafter referred to as Unit II); and
WHEREAS, the purpose of this AGREEMENT is to provide for the preparation of
preliminary plans and specifications and environmental documentation for Unit II;
Fill
WHEREAS, under the IN -BAY AGREEMENT, DFG is responsible for funding a major por-
tion of the PROJECT; and
WHEREAS, DFG and CITY are authorized to enter into Joint Powers Agreement pursuant
to Government Code Section 6500 et seq.; and
WHEREAS, DFG and CITY desire to set forth their respective rights and obligations
concerning DFG contribution of funds to and participation in preparation of
preliminary plans, specifications, and environmental documentation for Unit II;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS:
1. The scope of work to be completed is shown on Exhibit "A" and includes the
following:
a. Develop preliminary engineering information for use in preparation of
construction contract documents.
b. Define UNIT II, cost, and construction methods sufficiently to provide
answers to questions during budget review and for processing permit
applications.
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c. Generate engineering information on construction methods and impacts to
be addressed in an Environmental Impact Report.
d. Using Engineering information, prepare an Environmental Impact Report
for Unit II.
2. DFG SHALL:
a. Advance to CITY for use in defraying the costs of the scope of work,
including administration, an amount not to exceed Eighty -five Thousand
Dollars ($85,000).
b. Provide guidance,based upon.the management objectives of Upper Newport
Bay Ecological Reserve, in the preparation of preliminary plans and
specifications and the Environmental Impact Report for Unit II.
c. Review and, if acceptable, approve preliminary plans and specifications
for Unit II.
d. Name an authorized representative to approve award of contracts to
selected consultants; review and approve preliminary plans and speci-
fications; and provide consultation to CITY.
3. CITY SHALL:
a. Collect.the aforementioned DFG advance. Funds advanced by DFG under
this AGREEMENT will be credited towards DFG's share of Unit II in
accordance with the terms of the IN -BAY AGREEMENT.
b. Solicit proposals from qualified consultants for the various portions
of the scope of work; interview consultants; negotiate fees with
selected consultants; and with the approval of DFG representative,
award contracts to selected consultants.
c. Furnish DFG reproducible copies of all preliminary plans and specifica-
tions and other documents prepared under this AGREEMENT.
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4. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
a. DFG's advance to CITY in the amount of Eighty -five Thousand Dollars
($85,000) shall be made within thirty days following receipt of CITY'S
written request.
b. CITY shall make monthly progress payments to consultants for items
of work completed. CITY will hold the advance collected hereunder 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 bimonthly report
on the status of the account. A detailed accounting will be included
in the final report from CITY to DFG. Upon completion of the work .
authorized in Section 1 above and payment of all costs, any funds re-
maining in the account shall be used to defray DFG's share of construc-
ting Unit II.
c. CITY shall retain the records described in 4.b above dur`ng 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 dis-
posed 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.
d. CITY shall assign a qualified representative who shall be charged with
overall contract administration and who shall assure that the scope of
work is accomplished in accordance with the terms of this AGREEMENT.
The work, however, shall be subject at all times to review by authorized
representatives of both parties.
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e. Change orders will require written approval from DFG. In case of
urgency, however, verbal approval by the authorized representative
of DFG, noted in paragraph l.d above, shall be provided with written
approval to follow.
f. DFG shall, insofar as it may legally do so, indemnify and hold harmless
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.
g. 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.
h. 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 con-
verted by fabrication into some other form of property; and (3) an
approximate unit cost of One Hundred Fifty Dollars ($150) or more.
i. This AGREEMENT may be amended by mutual written consent of the parties
hereto.
j. Unless extended by written amendment, the term of this AGREEMENT
shall commence October 1, 1984 and continue through December 31, 1985,
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k. The attached Nondiscrimination Clause (OCP -1) pertains to this AGREEMENT
and is hereby made a part hereof, with all references to "contractor"
understood to mean CITY.
IN WITNESS WHEREOF, we have entered into this JOINT POWERS AGREEMENT on the day
and year first above written.
TO F RM
Attorney of City of Newport Beach
ATTES/:
City Clerk
CITY OF NEWPORT BEACH
l �_�:
",Mayor
CALIFORNIA DEPARTMENT OF FISH AND GAME
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1 hereby certify that A mnditlon. for exemolbn mi
forth in Sint. Adminfslreti,e M'nuc: Srtiec IN' h"o
been complied wi!h rmd 1F_Fs da::msnt is exwHVl item
r"Iew by the Depaorn.nt•of Fincnca.
57.
sv&es
�10�J 2 01984
0 0
84/85 C-923
IT
ITT
85,000.00
General Fund
Chapter 1304
Status
1976
JP AN0
Newportt Bay Ecgloql'cal
Reserve
IT
ITT
EXHIBIT "A"
UNIT II PRELIMINARY ENGINEERING STUDY
Scope of Study
1. Prepare 100 -scale orthophoto map of the Upper Bay area between the salt
works dike and a point 1,600 feet southerly of the Pacific Coast Highway
bridge. Contours to be at one -foot intervals and to extend to elevation
+10 MSL.
2. Determine storm flow velocities through both Upper and Lower Bay for various
channel widths, tides, and storm frequencies. Utilize available topographic
and hydrologic maps to determine x- sectional areas.
The purpose of this portion of the study is to estimate velocities under
various channel widths, tides, and storm frequencies. Utilize available
topographic and hydrologic maps to determine x- sectional areas.
3. Submit results of Part 1 to Professor Ray Krone, U.C. Davis, for interpre-
tation and evaluation.
4. Estimate excavation quantity for Unit II.
5. Prepare Unit II project on topographic base maps.
6. Investigate and evaluate the following alternative construction methods:
a. Excavate and dispose of spoil on upland sites in vicinity as permanent
fill or as stockpile to be hauled to inland sites after dewatering.
b. Excavate and load barges for ocean disposal in turning basin below
PCH bridge.
c. Excavate and load barges for ocean disposal within project limits.
Assume completion of proposed Corps channel project between PCH
bridge and reserve thus allowing large barge access.
d. Excavate and utilize temporary or permanent pipeline for ocean disposal
at nearest acceptable location.
e. Update Chaney report on permanent pipeline disposal system to reflect
current estimates of initial excavation quantities and average annual
sediment inflow.
Investigation and evaluation of alternatives to include review of project
and consultation with two or three large dredging contractors, the Corps
of Engineers, and other contractors or engineering consultants with expertise
in.the type of project proposed.
This portion of the study is to develop the following information:
(1) Number and sizes of barges required and availability.
Scope-of-Stud (cont'.d )
(2) Probable excavation equipment sizes, and production rates.
(3) Location and sizes of pipelines and required booster pumps.
(4) Barge impacts on harbor traffic.
(5) Precautions necessary to comply with Water Quality Control Board permit.
(6) Construction time required.
(7) Determine other permitted ocean disposal locations utilizing Bio -assay
report and after consultation with Water Quality Control Board, Environ-
mental Protection Agency, and Army Corps of Engineers.
(8) Prepare preliminary construction cost estimates for feasible alterna-
tives.
(9) Provide information on other engineering aspects of project that will
need to be addressed in EIR.
(10) Prepare written report.
(11) Submit completed report by 1- 15 -85.
7. Based upon engineering information and preliminary plans provided in the
Engineering Study prepare an Environmental Impact Report for the Unit II
project in conformance with the California Environmental Quality Act of 1970.
`STATE OF CALIFORNIA -THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME
1416 NINTH STREET
SACRAMENTO, CALIFORNIA 95814
(916) 445 -3118
�lE 1
John Wolter / ' 1`a
Cooperative Projects Engineer
City of Newport Beach
Public Works Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
Dear Mr. Wolter:
GEORGE
NOV 2 71984
Joint Powers Agreement No. C -2202 (DFG# C -923)
Preliminary Engineering for Unit II
Upper Newport Bay Sediment Control Project
Enclosed for your record is the fully executed original of the above captioned
agreement.
Sincerely,
`Carl R. Gzyms
Fiscal Officer
Enclosure
N
BY THE CITY COUNCIL (39)
CITY OF NEWPORT BEACH
September 24, 1984
SEP 24 1984 CITY COUNCIL AGENDA
ITEM NO F-3(e)
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: 'UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECt
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an agreement
with the - to provide $85,000 in State
funds for preliminary engineering and environmental documenta-
tion for the subject project.
DISCUSSION:
On April 9, 1984, the City Council authorized the Mayor and the City
Clerk to execute the implementation agreement for the in -bay facilities.
Since that time the City, acting as lead agency, has pursued preparation of
the plans and specifications, permits and funding for the Unit I In -Bay Proj-
ect. This agreement provides for the City to act as the lead agency in
preparation of the preliminary plans, specifications and environmental docu-
mentation for the Unit II In -Bay Project with funds advanced by the Department
of Fish and Game. The Unit II In -Say Project will provide for dredging and
restoration of the Upper Bay downstream from the existing salt works dike.
Principle terms of the agreement are as follows:
A. Scope of work to be completed
1. Develop preliminary engineering information for use in
preparation of construction contract documents for Unit II
Project.
2. Define project, cost and construction methods sufficiently
to provide answers to questions during budget review and
for processing permit applications.
3. Generate engineering information on construction methods
and impacts to be addressed in an environmental impact
report.
4. Prepare environmental impact report for the Unit II project.
B. Department of Fish and Game shall:
1. Deposit $85,000 with City.
2. Provide guidance during preparation of preliminary plans
and specifications.
September 24, 1984
Subject: Unit II Upper Newport Bay Sediment Control Restoration Project
Page 2
3. Review of preliminary plans and specifications.
4. Name an authorized representative.
C. City shall:
1. Collect funds from Department of Fish and Game (DFG) and
credit funds towards DFG's share of the Unit II Project
cost.
2. Solicit proposals from qualified consultants to perform
the work and negotiate engineering services agreement to
complete the work.
3. Furnish DGF reproducible copies of the preliminary plans
and specifications.
D. It is mutually understood that:
1. DFG shall deposit $85,000 with City 30 days after execu-
tion of the agreement.
2. City will make monthly progress payments to consultants.
3. City will hold the deposit in a separate interest earning
account and will make a complete and accurate accounting.
4. Change orders will require written approval from.DFG
except in an emergency, in which case verbal approval
from an authorized DFG representative, followed by wrtten
approval, will be provided.
5. Equipment purchased by City with State funds will become
property of DFG.
6. This agreement may be.amended by mutual written consent
of both parties.
7. Term -- October 1, 1984 to December 31, 1985.
Senj min B. Nolan
Public Works Director
JSW:jd