HomeMy WebLinkAboutC-2441(E) - Upper Newport Bay Sediment & Restoration Project, Unit I84/85 C -883 Amendment #1
0 - c- Zz/�,l(P-)
FIRST AMENDMENT TO
JOINT POWERS AGREEMENT
BETWEEN THE CALIFORNIA DEPARTMENT
OF FISH AND GAME AND THE CITY OF_
NEWPORT BEACH TO RESTORE WETLAND
HABITAT AND CONTROL SEDIMENT
DEPOSITION IN UPPER NEWPORT BAY
ECOLOGICAL RESERVE
84/85 C -883
WHEREAS, the California Department of Fish and Game (DFG) and the City of
Newport Beach (City) have entered into a Joint Powers Agreement to construct
Unit I (the Project) of the Upper Newport Bay Restoration /Sediment Management
Program.
WHEREAS, funding has been obtained under the "In -Bay Agreement"
WHEREAS, bids have been received and a contract awarded by the City to
construct the Project.
WHEREAS, DFG wishes to expand the Project by an estimated 30,000 cubic
yards.- .
WHEREAS, the "Parties" to the "In -Bay Agreement" have agreed to match
DFG expanded funding of the Project as part of funding for Unit II of the
Upper Newport Bay Restoration /Sediment Management Program.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS:
The total excavation for the Project will be expanded by an estimated
30,000 cubic yards.
DFG shall: Upon written request from the City following final approval
of this amendment, deposit with the City for use in defraying the costs of
expanding the Project and administration an amount not to exceed one hundred
seventy thousand dollars ($170,000), making DFG's total deposit with the City
for the Project an amount not to exceed one million, eight hundred seventy
thousand dollars ($1,870,000).
City shall: Negotiate with contractor for the Project a change order
to expand the amount of excavation by an estimated 30,000 cubic yards.
Except as modified herein, all other terms and conditions of the original
Joint Powers Agreement remain unchanged and in full force and effect.
f
t e •
' APPROVED AS TO FORM
C0" P L [ << �
Attorney of City of Newport
Beach
ATTEST
....t,y ,.lark
h
CJ
CITY OF NEWPORT BEACH
n
By
Mayor Pro Tem v
CALIFORNIA DEPARTMENT OF
FISH AND GAME
By COAX. 2 A ,,.
Fiscal Officer
I hereby certify that all conditions for exemption sot
forth in Smte A:!r- :ni;toKva hknoal Section 1: hcve
boon co-rliad with and this docament is exempt from
reels by tha Dapartmtnt of Finance.
�'!�� ►'MtiTrA=-JN
:J : ::
0
AA.T.UNT ENCUMBERED !i ✓it`.O +.,NI CFtE ^,.O.:Y ,.,J:!. A:lo 1:r11;
FUND Mu
S 170,000.00 �� Support
; Preservation
UNENCUMBERED BALANCE i (GT1pNAt U$E)
S 'uI
A" "CREASING ENCUMW:AN(E i IiFl•d
Ch•1:71ER
STuTU I:
r6CFl YEAR
iL.3600- 001 -20008 I
258
1984 1
84/85
ADJ. DEC.S:$ING fNCLae:R.:.•._E i OSX CT OF W- EN:47URf CODC AND MV.1
783
253820
I iwm by .rnu..... ✓.y r ru _.r .y! krr .rr it r:r� Inr•1 I ,r
i E.t. IQ.
EA. ue.
WK NATUCE OE ACCC:I"NNO Ofnux
y
CNA1LiE OF OEfrL2 :L;"J CN •::>_.lE Of IME AGENCY
�•n
•
S.'.TE OF 'CALIFORNIA —THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Co r
DEPARTMENT OF FISH AND GAME
1416 NINTH STREET
SACRAMENTO. CALIFORNIA 95814
(916) 445 -3118
John Wolter
Cooperative Project Engineer
City of Newport Beach
Public Works Department
3300 Newport Boulevard
P.O. Sox 1768
Newport Beach, CA 92663 -3884
D ?ar Mr. Wolter:
J U L 1 91985.
Unit I - Upper Newport Bay
Sediment Control and Restoration Project
Enclosed for your record is one fully approved and executed copy of Amendment
No. 1 to the above captioned agreement.
Sincerely,
, .Carl R. Gzyms
l Fiscal Officer
Enclosure
TO: CITY CLERK
FROM: Public Works D partment
SUBJECT: FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN
CALIFORNIA DEPARTMENT OF FISH AND GAME AND CITY
OF NEWPORT BEACH TO RESTORE WETLAND HABITAT AND
CONTROL SEDIMENT DEM*TION IN UPPER NEWPORT BAY
ECOLOGICAL RESERVE
Attached are the original and five copies of the
subject agreement. Please have them executed on
behalf of the City and return them to this
department for further processing.
ohn Wolter d4ol—
Project Engineer
JW:jd
Att.
0
0
•
C
•
TO: CITY COUNCIL
FROM: Public Works Department
•
BY THE CiiY COUNCIL
CITY OF K PORT BEACH
MAY 13 1 -'35
lakii%v I k i9
z41#/ (-e)
May 13, 1985
CITY COUNCIL AGENDA
ITEM NO. F -3(e)
SUBJECT: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT~
(C- 2441)`
RECOMMENDATIONS:
1. Authorize the Mayor and the City Clerk to execute an amendment to
the agreement with the Department of Fish and Game providing addi-
tional funding to their portion of the cost for the Unit I Upper
Newport Bay Sediment Control and Restoration Project.
2. Authorize the staff to negotiate a project change order to provide
for additional excavation from the Upper Bay under the Unit I
Upper Newport Bay Sediment Control and Restoration Project.
DISCUSSION:
On September 10, 1984, the City Council authorized the Mayor and the
City Clerk to execute an agreement with the Department of Fish and Game to pro-
vide for their portion of the cost for the subject Unit I Upper Bay Project. On
January 28, 1985, the City Council awarded the Unit I Upper Newport Bay Sediment
Control Project (Contract No. 2441) to Valley Engineers, Inc. for $3,511,000.
Subsequent to that time, the Department of Fish and Game has requested that addi-
tional excavation work be included in the Unit I Project.
This amendment to the agreement provides for payment of an additional
$170,000 to the City from the Department of Fish and Game. Principal terms of
the amendment are as follows:
1. Parties to Amendment
City of Newport Beach
Department of Fish and Game
2. Description of Additional Work
Excavate additional material (approximately 30,000 c.y.) from
the Upper Bay by expanding and deepening the Unit I Project.
3. It is mutually understood that:
a. Department of Fish and Game will deposit with City $110,000
for excavation of material and contract administration.
oy)
•
May 13, 1985
Subject: Unit I Upper Newport
(C -2441)
Page 2
Bay Sediment Control and Restoration Project
• b. City will negotiate change order to provide for the extra work
with the Contractor.
c. The $170,000 advanced by the Department of Fish and Game will
be credited to the State's portion of the Proposed Unit II
Upper Bay Project (for purposes of calculating Unit II cost
sharing).
d. All terms of original agreement to remain in affect.
If the amended agreement is approved, it is recommended that City
staff be authorized to negotiate a contract change order with the Contractor to
excavate additional material from the Upper Bay in accordance with the project
funding.
A budget amendment which provides for the additional Department of
Fish and Game funding has been prepared for Council approval.
SXBenitamin B. Nolan
Public Works Director
JW:jd
C7