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HomeMy WebLinkAboutC-2441(C) - Upper Newport Bay Sediment control & Restoration Project, Unit I, Cooperative AgreementL TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: February 11, 1985 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 SUBJECT: Contract No, C- 2441(c) Description of Contract Cooperative Agreement Unit I Upper Newport Bay Sediment Control and Restoration Project Effective date of Contract November 16, 1984 Authorized by Minute Action, approved on November 13, 1984 Contract with City of Irvine Address 17200 Jamboree Boulevard Amount of Contract Irvine, CA 92714 ement Wanda E. Andersen City Clerk 1RV.WIR attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 COOPERATIVE AGREEMENT UNIT I c -LZ'Z// (c) • UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT THIS AGREEMENT is made and entered into this %,. day of 4y 'L- 1984, by and between the CITY OF IRVINE and the CITY OF NEWPORT BEACH. W I T N E S S E T H WHEREAS, COUNTY OF ORANGE, DEPARTMENT OF FISH AND GAME, CITY OF NEWPORT BEACH, CITY OF IRVINE, and THE IRVINE COMPANY 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 Sedimenta- tion 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 ele- ments of the Plan, and to evaluate and assess the effectiveness of the various elements of the Plan; and WHEREAS, COUNTY OF ORANGE, DEPARTMENT OF FISH AND GAME, CITY OF NEWPORT BEACH, CITY OF IRVINE, and THE IRVINE COMPANY entered into a coopera- tive agreement on May 7, 1984, to provide for restoration and construction and maintenance of sediment control facilities in Upper Newport Bay in furtherance of the Newport Bay Watershed -San Diego Creek Comprehensive Storm Water Sedi- mentation 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 In -Bay Agreement designates the first phase of con- struction as the Unit I Upper Newport Bay Sedimentation Control and Restora- tion Project which provides for the expansion and deepening of the Early Action Plan basin in Upper Newport Bay, removal of the centered island and construction of a new island in the southerly portion of the expanded basin and the widening and deepening of the outlet channel from the expanded basin to the salt works dike, hereinafter referred to as PROJECT; 1 of 3 ��C',!, T.`� 1 T 1S AGREED by th (i!'r2 to Is tol I ^':i5: I. CITY OF 7IC�;'PORT ;EACH shall: A. Be and is hereby designated as Lead Agency for P'003ECT and shall prepare and process all necessary environmental docu- ments required by the Environmental Quality Act of 1970 (CEQA) as amended. B. 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. 2441, Dwg. No. M- 5243 -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. C. Not issue change orders of PROJECT work affecting CITY OF IRVINE without first having obtained the written concurrence from the CITY OF IRVINE. II. CITY OF IRVINE shall: A. Reimburse CdTY OF NEWPORT BEACH­ for CITY-OF IRVINE's share of PROJECT. Said share shall be Eleven Thousand One Hundred Seventy Dollars ($11,170), and in no event shall the final cost to the CITY OF IRVINE exceed Eleven Thousand One Hundred Seventy Dollars ($11,170) unless approved by CITY OF IRVINE. B. Within thirty (30) days after award of construction contract for PROJECT, upon request, transfer to CITY OF NEWPORT BEACH CITY OF IRVINE's share of PROJECT costs. III. It is mutually understood and agreed that merely by virtue of entering this Agreement, each party neither relinquishes liabil- ity 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. 2 o 3 IN ';JIT;iEJS ',,'HEREOF, the :)arties hereto have executed this Agreement t'e day and year first above wrttten. CITY OF IRVINE Dated: Z)k- ZL ;.,,,, tk,- 6 , 1984 BY �i ' Mayor ATTEST: APPROVED AS CITY C1? City At rr CITY OF NEWPORT BEACH Dated: '% ���; -7�.c �� 1984 J ATTEST:, 1/ ' L City Clerk 3of3 Mayor rvine APP VED AS TO FORM: ty Attorney of Newport Bea • • • BY THE C0 COUNCIL CIPly OF h'L >s 0 R T E iI NOV 131984 T0: CITY COUNCIL APPROVED FROM: Public Works Department November 13, 1984 ( lf) CITY COUNCIL AGENDA ITEM N0. F -3(c) SUBJECT: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AGREEMENT WITH THE CITY OF IRVINE RECOMMENDATION: 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 I in -bay project. This agreement provides for the City of Irvine's portion of the cost for the Unit I Upper Newport Bay Sediment Control and Restoration Project. Principal terms of the agreement are as follows: 1. Description of Unit I Project: a. Removal of central island from Early Action Plan basin in bay. b. Deepen Early Action Plan basin. c. Expand Early Action Plan basin. d. Widen and deepen subtidal channel from outlet of basin to main dike. 2. City of Irvine shall: a. Deposit $11,170, City of Irvine's share of the cost. b. Review and approve plans. c. 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. November 13, 1984 Subject: Unit I 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 quan- tity 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 ($124,500) has been provided in the 1984 -85 budget. • Benjamin B. No Public Works 0 JW:jd 11 kz Ian irector