HomeMy WebLinkAboutC-2483(I) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Dredging (Harbor below Pacific Coast Highway Bridge)CITY * OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 4, 1988
(714) 644 -3005
SUBJECT: Contract No. C -2483 (I)
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Description of Contract Newport Bay Dredging (Unit II)
(Dredging Portions of Harbor Below Pacific Coast Highway Bridge)
Effective date of Contract
25, 1988
Authorized by Minute Action, approved on February 22, 1988
Contract with County of Orange
Address Environmental Management Agency
Harbors, Beaches and Parks
P.O. Box 4048, Santa Ana, CA 92702 -4048
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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February 22, 1988
BY THE CITY COUNCI BEA( TY COUNCIL AGENDA
CITY OF NEWPORT EM NO.-F-3 (b)
• FEB 2 2 1988
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: DREDGING PORTIONS OF HARBOR BELOW PACIFIC COAST HIGHWAY BRIDGE
RECOMMENDATION:
1. Approve participation in the dredging project with the Orange
County Harbors, Beaches and Parks District.
2. Authorize execution of an agreement with the Orange County
Harbors, Beaches and Parks District for the project.
3. Direct staff to prepare a budget amendment for the project.
4. Authorize City Staff to negotiate change order with Dutra Dredging
Company for the Project.
• DISCUSSION:
The Water Resource Development Act of 1986 designated Upper Newport
Bay as a project of the U.S. Corps of Engineers and authorizes the Secretary of
the Army to dredge and maintain a 250 -foot wide channel in the Upper Newport Bay
to the boundary of the Upper Newport Bay State Ecological Reserve to a depth of
minus 15 -feet mean lower low water, and to deepen the channel in the existing
project below the Pacific Coast Highway Bridge to a depth of minus 15 -feet mean
lower low water. However, we were not able to secure Federal funding in the
1988 budget to implement the authorized project. The administration objects to
funding the project because of the primarily recreational benefits.
The need for the project remains. The 100 - foot -wide channel that is
being dredged above the Pacific Coast Highway Bridge as part of the Unit II pro-
ject will not remove all of the accumulated sediment but will to a large extent
remedy the navigational problems. However, the shallow water depths in the area
between the Pacific Coast Highway Bridge and the main channel will continue to
pose navigational hazards. The County Harbor Patrol has reported numerous inci-
dents caused by the shallow water.
In November, the City requested that the Corps of Engineers fund a
is maintenance project utilizing a Change Order to the Unit II Contract. To date,
we have not received a written reply to our letter, but based on several
meetings with Corps Staff it appears the response will be negative.
• 0
The Dutra Dredging Company will be completing the Unit II Project
within a few weeks. After this work is completed, the low unit price of $3.02
per cubic yard will no longer be available. Therefore in an effort to take
advantage of this low dredging price, we have met with the staff of the Orange
County Harbors, Beaches and Parks District and developed a project designed to
iseliminate the remaining navigational hazards. The project shown on the attached
sketch, would consist of a 200 - foot -wide channel with a depth of minus 15 -feet
mean lower low water. This configuration would require dredging approximately
100,000 cubic yards at a unit price of $3.02 for a total estimated cost of
$302,000. The project would be located primarily within County administered
tidelands and for this reason the City and District Staff feel that the two
agencies should share equally in the project cost up to $100,000 for each
agency. In addition, potential benefits to existing and planned Irvine Company
marinas have been identified. The Mayor has sent a letter to Mr. Nielsen of the
Irvine Company requesting that the Company also participate in the project.
The City and District Staff are recommending that each agency contri-
bute $100,000 towards the project. If the Irvine Company's contribution is less
than $100,000, then the scope of the project could be reduced so that the cost
would equal the funds available.
An agreement between the City and The District has been prepared for
Council approval if the Council chooses to proceed with this project. The
Board of Supervisors is scheduled to consider funding the project and the
agreement at their February 23rd meeting.
• The Agreement provides for both the City and the District to continue
to pursue Federal funding. If any Federal funding or reimbursement is obtained,
the Agreement provides for the City's and the District's shares of the cost to
be reduced equally.
A budget amendment will be prepared that would transfer $30,000
currently available in the Upper Newport Bay San Diego Creek Sediment Control
Program management fund and appropriate $70,000 from unappropriated General
Fund. Budget amendments will also be prepared to appropriate the County of
Orange and the Irvine Company's proposed portion of the project cost.
Benjamin B. Nolan
Public Works Director
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5 ENVIRONMENTAL MANAGEMENT AGENCY
HARBORS, BEACHES AND PARKS
• ERNIE SCHNEIDER
DIRECTOR, EMA
ROBERT F. WINGARD
DIRECTOR OF HARBORS, BEACHES & PARKS
LOCATION:
12 CIVIC CENTER PLAZA
P.O. BOX 4048
SANTA ANA, CA 927024048
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702-4048
TELEPHONE:
FILE (714) 834 -8834
Ms. Wanda E. Raggio
City Clerk
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Subject: Agreement No. D88 -040 for Cost Sharing of Dredging Project in
Newport Bay
Dear Ms. Raggio:
On Tuesday, March 15, 1988, the Orange County Board of Supervisors approved
staff's recommendation to execute Agreement No. D88 -040 with your city for
required dredging services in Newport Bay. A copy of the Board Minute Order
and the executed agreement are attached for your files.
H14:no(WP29- 39)8089
Attachments
cc: Donald C. Simpson
Very truly yours,
Kenneth W. Scattergood, Chief
Special Districts and Lease Administratration
Andift
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
MARCH 15, 1988
AGREEMENT NO. D88 -040 WITH THE CITY OF NEWPORT BEACH FOR-COST SHARING OF
DREDGING PROJECT IN NEWPORT BAY (HARBORS, BEACHES AND PARKS DISTRICT):
Environmental Management Agency requests approval of Agreement —No—.--F88-040
with the City of Newport Beach for the cost sharing of dredging 100,000 cubic
yards of sediment from below Pacific Coast Highway bridge.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Riley, the Board
authorized execution of agreement. MOTION UNANIMOUSLY CARRIED.
41988
(�F1013 -2 -3 (12/76)
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AGREEMENT
NEWPORT BAY DREDGING
L,
O.C.FILE NO. D88 -040
THIS AGREEMENT is made and entered into this ay of ,
1988, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY" and the ORANGE COUNTY HARBORS, BEACHES AND
PARKS DISTRICT, a body politic, hereinafter referred to as "DISTRICT."
W I T N E S S E T H
WHEREAS, Section 841 of the Water Resource Development Act of 1986
designates Upper Newport Bay as a project of the U.S. Corps of Engineers and
authorized the Secretary of the Army to dredge and maintain a 250 -foot wide
channel in the Upper Newport Bay to the boundary of the Upper Newport Bay State
Ecological Preserve to a depth of minus 15 -feet mean lower low water, and to
deepen the channel in the existing project below the Pacific Coast Highway
bridge to a depth of minus 15 -feet mean lower low water; and
WHEREAS, Congress did not provide any funding in the 1988 Federal
budget for the project; and
WHEREAS, due to the recreational nature of Newport Harbor it does not
appear that Federal funding will be forthcoming for the project within the for-
seeable future; and
WHEREAS, The City is currently administering the Upper Newport Bay Unit
II project which is dredging a 100 -foot wide channel to a depth of minus 11 feet
mean lower low water; and
WHEREAS, the 100 -foot wide channel, above the Pacific Coast Highway
bridge that is being dredged as part of the City's Unit II project will to a
large extent, remedy the navigational problems in this area; and
WHEREAS, the shallow depths in the area between the Pacific Coast
Highway Bridge and the main channel will continue to pose navigational hazards
and the large amount of accumulated sediment in this area is also a continuing
threat to the lower harbor; and
WHEREAS, the City's Unit II project would allow a change order to be
issued to accomplish additional dredging in the area below the Pacific Coast
0
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Highway Bridge to remove the accumulated sediment at a very favorable unit price
of $3.02 per cubic yard; and
WHEREAS, the area below the Pacific Coast Highway Bridge where the
accumulated sediment is mostly located within tidelands administered by the
County; and
WHEREAS, both the District and the City desire to remove accumulated
sediment in the portions of the Harbor between the Pacific Coast Highway Bridge
at the earliest possible time by issuing a change order to the City's Unit II
project; and
WHEREAS, CITY and DISTRICT intend to use their best efforts to obtain
Federal funding for the project:
NOW, THEREFORE, BE IT RESOLVED that for and in consideration of the
mutual promises and agreements contained herein, the parties hereto do agree in
the absence of Federal funding to fund a PROJECT consisting of dredging in the
area of Newport Harbor between the Pacific Coast Highway Bridge and the main
channel through the issuance of a change order to the City's Unit II project and
do further agree as follows:
1. City shall:
a. Assume the role and responsibilities of "Lead Agency" within
the context of the California Environmental Quality Act of 1970
(CEQA), as amended, and as such shall be responsible for
complying with environmental requirements and filing required
notices prior to proceeding with issuance of a change order for
the PROJECT.
b. Administer the change order and be responsible for the super-
vision of the construction of the work included in PROJECT,
which construction shall be completed no later than June 30,
MMIIA
c. Maintain a complete and accurate record of all expenditures
made from the DISTRICT's advance of funds hereinafter provided
for, and retain said records during the term of this Agreement
• •
and for one two -year period immediately thereafter. During
such period CITY shall make the records available to the
DISTRICT for review during normal business hours following
reasonable notice that DISTRICT is desirous of conducting such
a review.
d. Upon completion of the PROJECT, provide to DISTRICT an as -built
drawing and a final completion report, including a full
accounting of the funding and costs; and promptly return to the
DISTRICT any funds not spent on the PROJECT.
2. DISTRICT shall:
a. Upon written request, advance to the CITY the lessor of either
the sum of One Hundred Thousand Dollars ($100,000) or an amount
equal to the funding for the PROJECT provided by the City of
Newport Beach.
b. Grant CITY permission to construct PROJECT on County
administered tidelands.
3. It is mutually understood and agreed as follows:
a. Neither the DISTRICT, County of Orange, nor any officer or
employee thereof shall be responsible for any damage or liabi-
lity occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work, authority, or
jurisdiction delegated to CITY under this Agreement.
b. CITY shall, to the extent that it may legally do so, fully
indemnify, defend, and hold DISTRICT harmless from any
liability imposed for injury occurring by reason of anything
done or omitted to be done by CITY under or in connection with
any work, authority, or jurisdiction delegated to CITY under
this Agreement.
0
C. Neither the CITY, nor any official or employee thereof shall be
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by DISTRICT under or in
connection with any work, authority, or jurisdiction delegated
to DISTRICT under this Agreement.
d. DISTRICT shall, to the extent that it may legally do so, fully
indemnify, defend, and hold CITY harmless from any liability
imposed for injury occurring by reason of anything done or
omitted to be done by DISTRICT under or in connection with any
work, authority or jurisdiction delegated to DISTRICT under
this Agreement.
e. If any Federal funding is obtained for the PROJECT then such
funding shall be used to reduce equally the DISTRICT's and
City's contributions.
f. Should CITY fail to complete PROJECT as agreed to above, CITY
shall reimburse the funds advanced by DISTRICT within 30 days
of written demand.
g. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties hereto
and all preliminary negotiations and agreements of whatsoever
kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof.
Any modification of this Agreement will be effective only by
written execution signed by both CITY and DISTRICT.
h. Where any legal action is necessary to enforce any provision
hereof for damages by reason of an alleged breach of any provi-
sions of this Agreement, the prevailing party shall be entitled
to receive from the losing party all costs and expenses in such
amount as the court may adjudge to be reasonable costs of
litigation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth opposite their respective signatures.
ORANGE COUNTY HARBORS, BEACHES AND
PARKS DISTRICT
DATED: MAR 15 1988 1988 g ;f bjA—p—�
Chairman of the Board of Supervisors,
Acting as Governoring Board for the
Orange County Harbors, Beaches and
Parks District
CITY OF NEWPORT BEACH
DATED: ,1988
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
By:
C e of the Board o Supervisors
of Orange County, California
APPROVED AS TO
In
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i- Dredge /1 -5
City Newport
APP R /AS TO FORM u
By: J �
Assist&ht City Attorney, Car
City of Newport Beach