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Home My WebLink AboutC-2483(G) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Portion of Unit II1 T0: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Ciuiru� . FINANCE DIRECTOR � O FROM: CITY CLERK DATE: October 28, 1986 SUBJECT: Contract No. C- 2483(G) Description of Contract Cooperative Agreement Unit II Upper Newport Bay Sediment Control and Restoration Project Effective date of Contract October 28, 1986 Authorized by Minute Action, approved on October 13, 1986 Contract with City of Irvine Address 17200 Jamboree Boulevard Irvine, CA 92714 Amount of Contract (See "x� ee - Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • COOPERATIVE AGREEMENT UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT THIS AGREEMENT is made and entered into this 6W-day of U 1986, by the between the CITY OF IRVINE and the CITY OF NEWPORT BEACH. WITNESSETH: WHEREAS, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, CITY OF IRVINE, THE IRVINE COMPANY (hereinafter "LOCAL PARTIES ") and the DEPARTMENT OF FISH AND GAME (hereinafter "DFG ") entered into the San Diego Creek /Upper Newport Bay Watershed Cooperative Agreement on September 30, 1983, for the purpose of providing a forum to evaluate and assess progress toward implementing the Comprehensive Storm Water Sedimentation Control Plan, prepared for SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS by the CITIES OF IRVINE and NEWPORT BEACH under the Federal 208 Water Quality Planning Program, to formulate project implementing agreements for the elements of the Plan, and to evaluate and assess the effec- tiveness of the various elements of the Plan; and WHEREAS, the LOCAL PARTIES and DFG entered into a cooperative agreement on May 8, 1984, to provide for restoration and construction and main- tenance of sediment control facilities in Upper Newport Bay in furtherance of the Newport Bay Watershed -San Diego Creek Comprehensive Storm Water Sedimentation Control Plan, hereinafter designated as In -Bay Agreement; and WHEREAS, the In -Bay Agreement provides a Phased Implementation Program and distribution of cost for the sediment control facilities; and WHEREAS, the first phase of construction, Unit I, was completed in November 1985; and WHEREAS, the second phase of construction in the bay, the Unit II Upper Newport Bay Sedimentation Control and Restoration Project, hereinafter referred to as PROJECT, is ready for construction; 1of4 FOLLOWS: 0 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS I. SCOPE OF PROJECT: The scope of the PROJECT includes the following: a. Excavation of an approximate 24 -acre basin below the old salt works dike. b. Excavation of two side channels connecting to the basin. c. Excavation of a 100- foot -wide subtidal access channel from below the Pacific Coast Highway bridge to the southerly end of the basin. The total excavation for the PROJECT is estimated to be 1,100,000 cubic yards, and the total cost including design engineering, construction engi- neering, permit fees, EIR preparation, administration and project construction is not to exceed Five Million One Hundred Eleven Thousand Three Hundred Thirty -Three Dollars ($5,111,333). Included in the total cost of $5,111,333 is $85,000 advanced by the DFG for preliminary engineering and preparation of the EIR; the LOCAL PARTIES' matching share of the $170,000 expended by DFG on Unit I, but as yet not matched by the LOCAL PARTIES; $1,000,000 included in DFG's 1986 -87 budget request but not yet approved by the Legislature; and the LOCAL PARTIES' matching share of DFG's $1,000,000 budget request. Until DFG's budget request of $1,000,000 is approved by the Legislature, the total cost of the PROJECT is not to exceed $3,778,000. II. CITY OF NEWPORT BEACH SHALL: A. Be and is hereby designated as Lead Agency for PROJECT and shall prepare and process all necessary environmental docu- ments required by the Environmental Quality Act of 1970 (CEQA) as amended. B. Be responsible for collecting from each party, the party's share of the funding for the PROJECT as set forth in coopera- tive agreement dated May 8, 1984. 2 of 4 C. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary in order to design and construct said PROJECT in accordance with the plans and specifications (City of Newport Beach Contract No. 2483, Dwg. No. M- 5249 -S) and deliver all documents required in connection with the construction and completion of said PROJECT including Certificate of Cost and Certificate of Completion of PROJECT. D. Limit the scope of the PROJECT in the plans, specifications, and bidding documents to an excavation quantity of approxima- tely 800,000 cubic yards. E. Reserve in the bidding documents the option to increase the excavation quantity of the basin described in the scope of the PROJECT by an amount not to exceed 300,000 cubic yards and at the same unit price bid for excavation of the basin. This option is not to be exercised until after July 1, 1986 and unless DFG's $1,000,000 budget request is approved by the Legislature. III. CITY OF IRVINE SHALL: A. Reimburse CITY OF NEWPORT BEACH, for CITY OF IRVINE's share of PROJECT cost. Said share shall include Twelve Thousand Six Hundred Thirty -four Dollars ($12,634) and, if Legislature approves DFG's request for additional $1,000,000 in the 1986 -87 budget, said share shall increase Four Thousand Two Hundred and Sixty -seven Dollars ($4,267). In no event shall the final cost to the CITY OF IRVINE exceed Sixteen Thousand Nine Hundred One Dollars ($16,901) unless approved by the CITY OF IRVINE. B. Within Thirty (30) days after award of construction contract for PROJECT, upon request, transfer to CITY OF NEWPORT BEACH Twelve Thousand Six Hundred Thirty -four Dollars ($12,634). 3of4 C. Within Thirty (30) days after approval by Legislature of DFG's 1,000,000 budget request, upon request, transfer to CITY OF NEWPORT BEACH Four Thousand Two Hundred Sixty -seven Dollars ($4,267). It is mutually understood and agreed that merely by virtue of entering into this Agreement, each party neither relinquishes liability for its own actions nor assumes liability for the actions of other parties. It is the intent of the parties that liability of each party shall remain the same while this Agreement is in force as it was before this Agreement was made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF IRVINE Dated: 1986 By / Mayor ATTEST: APPROVED M: City Clerk City torney of Irvine CITY OF NEWPORT BEACH Dated: (, - -,)g , 1986 ATTEST: APPR EO A v S TO FORM: City Clerk fity Attorney of Newport Beach 4 of 4 0 TO: CITY COUNCIL FROM: Public Works Department 10 C -z ZIP lski October 13, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(f) SUBJECT: UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AGREEMENT WITH THE CITY OF IRVINE RECOMMENDATION: BY THE CITY COUNCIL CITY OF NEWPORT LEACH OCT 13 1986 APPROVED Authorize the Mayor and the City Clerk to execute an agreement to provide for the City of Irvine's portion of 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 II in -bay projects. This agreement provides for the City of Irvine's portion of the cost for the Unit II Upper Newport Bay Sediment Control and Restoration Project. Principal terms of the agreement are as follows: 1. Description of Unit II Project. a. Excavation of basin below old Saltworks dike. b. Excavation of 100' wide access channel from basin to below Coast Highway bridge. c. Two side channels designed as restoration elements. 2. City of Irvine shall: a. Deposit $16,901, City of Irvine's share of the cost. b. Review and approve plans isc. Review and approve final project report. 3. City of Newport Beach shall: a. Assemble bid documents to permit accounting for funds expended on project. b. Advertise for bids. c. Provide contract administration, design engineering and construction engineering for project. October 13, 1986 • • Subject: Unit II Upper Newport Bay Sediment Control and Restoration Project Agreement with the City of Irvine Page 2 d. Furnish final cost estimate for project. • e. Prepare final project report. 4. It is mutually understood that: a. If bid price exceeds funds available for project, the quantity of material to be excavated will be reduced. b. It is the intent of both parties that liability of each party shall remain the same while the agreement is in force as it was before the agreement. This agreement has been approved by the City of Irvine. Funding for the City's portion of the project ($185,375) has been provided in the 1986 -1987 budget. 04,L,z!)a •for Benjamin B. Nolan Public Works Director BBN /bjm C