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
•
•
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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
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