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HomeMy WebLinkAboutC-1807 - Cooperative Agreement; noxious gas seepage control problem in West NewportRef: 07 -Ora -1 -19.3 Parcel No. 036741 -01 -01 S. A. 911037 Amendment to Coon... Agreement Ho. 3332 state of California Department of Transportation District 7 P.O. gos 230+ Los Angeles, CA 90031 Attantiont Zaph J. Harrison Senior Sight of Way Agent Enclosed are the original and mss fully executed copy of the above referenced assent to Agreement Ho. 3332, as requested in your letter of July 1, 1976 addressed to the Director of Public Works. Doris George City Clark DGteg Enclosures i 0 0 April 20, 1976 City Manager Department of 'transportation Noxious Gas Odor Parcel No. 036741 -01 -01 Attached are two copies of the above agreement for transmittal to the State Department of Transportation: Doris George Acting City Clerk :�ti�uPaRr.., CITY OF NEWPOZI, BEACH �x CALIFORNIA szsso I c�LiFORN�P.' City 11311 3300 Newport I1h'd. (714)673-2110 April 20, 1976 Mr. Zeph J. Harrison, Senior Property Management Department of Transportation, P.O. Box 2304 Los Angeles, California 90051 Dear Zeph: Right of Way Agent District 7 Attached you will find two copies of the executed Cooperative Agreement to permit some drilling on the Cagney property in an effort to locate and eradicate a noxious gas problem. Mr. George Zebal is preparing the plans and specifications for this work, and we should have these plans and specs complete by May 25th. The plans and specifications will be submitted to the City Ccuncil on June 14th for authorization to bid the project. I would assume the bids would be open some time around the first of July, with the project awarded and completed during August, 1976. As soon as the formal schedule is approved and prepared by the Public Works Department we will send you a copy. TF.snk you. Sincerely, I ROBERT L. WYNN City tanager CC: Mr. George Zebal Pi is Works Department ty Clerk Ai tach;nents CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE April 20, 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1807 Description of Contract Correction of Noxious Gas Authorized by Resolution No. 8749 , adopted on April 12, 1976 Effective date of Contract April 16, 1976 Contract with Departs»nt of tlransportation Address State of California P. 0. Box 2304 Amount of Contract Los Angeles California 90051 City Clerk 0 RESOLUTION NO. 8825 By the C'Ty COUNCIL 5 �"y -F LP9RI BfAQHRESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO COOP- ERATIVE AGREEMENT NO. 3332 BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA BUSINESS AND TRANSPORTATION AGENCY, DEPARTMENT OF TRANSPORTATION, FOR SHARING THE COST OF DRILLING AND GEOLOGIC INVESTIGATION IN CONNEC- TION WITH THE NOXIOUS GAS SEEPAGE CONTROL PROBLEM IN WEST NEWPORT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amendment to Cooperative Areement No. 3332 between the City of Newport Beach and the State of California Business and Transportation Agency, Department of Transportation, for sharing the cost of drilling and geologic investigation in connection with the noxious gas seepage control problem in West Newport; and WHEREAS, the City Council has reviewed the terms and conditions of said amendment and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said amendment above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of June , 1976. Mayor ATTEST: City Clerk DDO /bc 6/22/76 0 r STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN 1R., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 0 July 1, 1976 07 -Ora -1 -19.3 Parcel No. 036741 -01 -01 E.A. 911037 Amendment to Coop. Agreement No. 3332 p RE�E��ED Mr. Joseph T. Devlin IJI WDRKS 3 Director of Public Works C 67976 :� 3300 Newport Blvd. Za, Nf C /TY pF Newport Beach, CA 92660 �P�RT g �AtIF ACH i Dear Sir: i •,.__ 1 Forwarded herewith are the original and two signed copies of Cooperative Agreement No. 3332• Please return the original and one fully executed copy to me when the City has signed the agreement. Very truly yours, ZEPH J. HARRISON Senior Right of Way Agent Excess Land Management Phone (213) 620 -3484 ZJH:mm Encl. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 07 -Ora -1 -19.3 Parcel No. 0 741 -01-01 N.A. 911037 0745$) Stab Agreement No. 3332 SAS, AM and ft&t5 desire to amend Cooperative Agreement No. 3332; and MI S& Section IZI, Paragraph 1, of said Agreement Provides for Bush amendments by mutual consent of the parties; i, ZWWMS said Agreement le hereby amended as follows SMI©N I CZW A@RSSSs 1. To obtain and pay the cost for a Qualified geologist to prepare a technical report and plane for drilling wells and performing other work as required to attempt to alleviate the noxious gas problem described in said Cooperative Agreement. 2. To enter into a Service Agreement with said geologist to perform the required worm and to pay all costs except as specified in Section II, Paragraph 2, of said Agreement No. 3332. 3. To administer the Service Agreement, 4. To notify State upon completion of the worse. 5. To provide State with recelpted bill(s) showing the cost of said Service Agreement within 30 days after completion of the work. 12 STAB'����y0p CALNiPOMM ��q�{� Department O YCk+ At10n 13 14 Director of Tvamportatiea 15 16 sw &MI ammsor e� 17 18 19 20 21 22 23 24 25 II 26 27 28 29 30 31 ti 4a.i e'. 47�• 1 �s 2 �a 3 9. Within 90 days after billing by 01tY. Pay 3U 4 one -halt at the cost of said Service Agreement 5 or Ten Thad Dollars ($10,000.00), �i IhIGb ver 6 is snaller. 7 All other provisions of said Cooperative Agreement 8 NO* 33P remain unobspod, 9 n 10 Dst 11 12 STAB'����y0p CALNiPOMM ��q�{� Department O YCk+ At10n 13 14 Director of Tvamportatiea 15 16 sw &MI ammsor e� 17 18 19 20 21 22 23 24 25 II 26 27 28 29 30 31 ti 4a.i e'. 47�• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 07 -ORA -1 -19,3 Parcel No, 036741 =01 -01 E.A. 911037 (07452)';: State Agreement No, 3332 COOPERATIVE AGRE:RMF,NT THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF �'-,f �. �� , 1976, BY AND BETWEEN CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" Mss, STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" WITNESSETH: WHEREAS, City has obtained a preliminary feasibility report from a registered geologist which describes the noxious gas seepage control problem in Newport Beach; and WHEREAS, the problem affects property owned by State as well as other properties privately owned in Newport Beach; and WHEREAS, the problem is considered to be dangerous and a threat to public safety; and WHEREAS, City and State are both desirous of lalleviating the problem insofar as this is possible and are lwilling to cooperate in an endeavor to do so. NOW, THEREFORE, in consideration of the premises and lmutual covenants herein contained, the parties hereto agree as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 E CITY AGREES: 1. 2. 3. 4. 5. (STATE SHALL: SECTION I To prepare plans, specifications, and estimates at City expense. To advertise for bids and administer the contract. To notify State upon completion of the contract. To pay all costs of said contract except as specified in Section II, Paragraph 2 of this Agreement. To provide State with receipted copies of bill(s) showing the cost of said contract within 30 days after its completion and acceptance by City. SECTION II 1. Issue a Right of Entry on State Parcel 036741 -01 -01 to City, its Agents and contractors for the purpose of drilling up to four wells to intercept and dispose of the noxious gas as required to alleviate the problem hereinabove described, in accordance with plans and specifications to be prepared by City. 2. Within 90 days after billing by City, pay City one - half of the cost of said contract or Ten Thousand Dollars ($10,000), whichever is smaller. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That this Agreement may be terminated and provisions herein may be altered, changed, or amended by mutual consent of the parties hereto. 1 2. That neither State nor any officer or employee 2 thereof shall be responsible for any damage or 3 liability occurring by reason of anything done or 4 omitted to be done by City under or in connection 5 with any work, authority or jurisdiction delegated 6 to City under this Agreement. It is also under - 7 stood and agreed that, pursuant to Government Code 8 Section 895.4, City shall fully indemnify and hold 9 State harmless from any liability imposed for 10 injury (as defined by Government Code Section 810.8) 11 occurring by reason of anything done or omitted to 12 be done by City under or in connection with any 13 work, authority or jurisdiction delegated to City 14 under this Agreement. 15 IN WITNESS WHEREOF, the parties hereto have caused 16 this Agreement to be executed by their respective officers, duly 17 authorized, the provisions of which Agreement are effective as 18 of the day, month, and year first hereinabove written. 19 20 STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation 21 ' BY •'�i�se 22 Director of Transportation Mayor 23 Attest: 24 By Y c Director 25 APPROVED AS TO FORK AND PROCEDURE: / 26 - 27 28 City Attorney 29 30 31 RESOLUTION NO. 8749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA BUSINESS AND TRANSPORTATION AGENCY, DEPARTMENT OF TRANSPORTATION, IN CON- NECTION WITH THE NOXIOUS GAS SEEPAGE CONTROL PROBLEM IN WEST NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative agreement between the City of Newport Beach and the State of California Business and Transportation Agency, Department of Transportation, in connection with the noxious gas seepage control problem in West Newport Beach; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said cooperative agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th ATTEST: City Clerk day of April , 1976. Mayor DDO /bc 4/9/76