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HomeMy WebLinkAboutC-1996 - Storm drain (Irvine-Baycrest, Dover Drive-Baycrest Road)CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 DATE Jme 9. 1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1996 Description of Contract Irvine /saxrast Stom Drain Authorized by Resolution No. 9294 , adopted on 3 -19-78 Effective date of Contract Anil 18, 1978 Contract with angst Comte Flood Control District 6 City of Costa Moan Address Amount of Contract 8a Coatrac& 1 �F��. City Clerk lu MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA April 18, 1978 IN RE: PROPOSED CONTRACT PAID -CALL RECRUITER CONSULTANT FIRE PROTECTION DEPARTMENT .On motion of Supervisor Clark, duly seconded and unanimously carried, the Fire Protection Department is directed to coordinate with the Personnel Department and the County Counsel to development a contract for a Paid -Call Recruiter Consultant, and the Fire Chief is directed, in conjunction with the Personnel Department, to solicit for and hire a Paid -Call Recruiter on a consultant basis not to exceed six months for a fee not to exceed $12,000.00, plus personal expenses not to exceed $1,200.00. IN RE: AGREEMENT COOPERATIVE FUNDING CITIES OF COSTA MESA AND NEWPORT BEACH IRVINE - BAYCREST STORM DRAIN On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Agreement No. D -77 -117 dated April 18, 1978, between the Orange County Flood Control District, the City of Costa Mesa and the City of Newport Beach, providing for cooperative funding for construction of Irvine - Baycrest Storm Drain. IN RE: RESOLUTION FROM CITY OF IRVINE CONCERNING NEOCCS On motion of Supervisor Clark, duly seconded and unanimously carried, Resolution No. 886 of the City Council of the City of Irvine requesting participation in the Northeast Orange County Circulation Study ( NEOCCS), is received and ordered filed. RECEIVED APR 2 4 1979 ® F1013 -2.3 (12/76) . it / 1 A G R E E M E N T Agreement No. D -77 -117 2 p THIS AGREEMENT, for purposes of identification, hereby dated the 3 day of 1978, is 4 BY AND BETWEEN 5 ORANGE COUNTY FLOOD CONTROL DISTRICT hereinafter referred to as "DISTRICT ", 6 AND 7 CITY OF COSTA MESA hereinafter referred 8 to as "COSTA MESA ", 9 AND 10 CITY OF NEWPORT BEACH, hereinafter referred 11 to as "NEWPORT BEACH ". 12 W I T N E S S E T H 13 WHEREAS, construction of the Irvine — Baycrest Storm Drain (Facility 14 No. G02P01) is needed to properly convey storm runoff and mitigate the recurrent 15 flooding that has caused hazard and inconvenience to the public along Irvine 16 Avenue; and 17 WHEREAS, the City Engineer's Flood Control Advisory Committee of Orange 18 County has concurred in the allocation of construction funds for the Irvine- ' 19 Baycrest Storm Drain with the condition that COSTA MESA and NEWPORT BEACH cooperate 20 financially in the project; and 21 WHEREAS, COSTA MESA and NEWPORT BEACH desire to include street improve - 22 dents, hereinafter referred to as "IMPROVEMENTS ", along Irvine Avenue in conjunction i 23 with said storm.drain construction; and 24 WHEREAS, it is mgtually advantageous at this time to accomplish the 25 IMPROVEMENTS at COSTA MESA and NEWPORT BEACH expense as an adjunct of the storm 26 drain construction; and 27 WHEREAS, COSTA 2ESA will fund the entire-costs of local drainage 28 inlets located within the City of Costa Mesa and the inlet connector pipes -1- 1 21 J 4 i Agreement No. D -77 -117 to the main line storm drain as COSTA MESA's share of storm drain funding; and WHEREAS, NEWPORT BEACH will fund the entire costs of local drainage inlets located within the City of Newport Reach, the inlet connector pipes to the main line storm drain, and the main line storm drain upstream of Highland Drive (20th Street) as NEWPORT BEACH's share of storm drain funding; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between DISTRICT, COSTA MESA and NEWPORT BEACH as follows: 1. DISTRICT shall have contract plans and specifications prepared for the Irvine - Baycrest Storm Drain, hereinafter refered to as "PROJECT ", as shown on Exhibit A attached hereto and by reference made a part of this agreement. PROJECT design shall be for hydraulic capacity determined in accordance with DISTRICT's Design and Hydrology Manuals. 2. NEWPORT BEACH shall provide the plans and specifications for its IMPROVEMENTS. 3. DISTRICT shall provide the plans and specifications for COSTA MESA's IMPROVEMEN16 with cost reimbursement as described herein. 4. DISTRICT shall include, in the contract plans and specifications for PROJECT the COSTA MESA and NEWPORT BEACH IMPROVEMENTS, which shall include but not be limited to removal of existing cross - gutters and paving, grading, replacement of paving and all other IMPROVEMENTS outside of DISTRICT's storm drain trench limits as described herein. S. DISTRICT, upon approval of plans and specifications for PROJECT by COSTA MESA, NEWPORT BEACH and others required under the Orange County Flood Control Act, shall promptly undertake and perform all the work of advertising for bids and awarding a contract under applicable provisions of law governing such award. 6. DISTRICT shall furnish a Resident Engineer during construction who shall be responsible for contract administration and for securing completion of the work in accordance with the approved plans and specifications. COSTA -2- 1 2 3 4 Agreement No. D -77 -117 MESA and NEWPORT BEACH may furnish an inspector to consult with DISTRICT's Resident Engineer regarding construction, but the decisions of DISTRICT's Resident Engineer shall be final. 7. DISTRICT shall arrange for any modifications, relocations or recon- struction of utilities and for the construction of any detours necessary for the construction of PROJECT; and COSTA MESA and NEWPORT BEACH shall cooperate to the extent of its powers in making arrangements and official notices concerning utility relocations. 8. After award of contract for PROJECT, DISTRICT shall invoice COSTA MESA and NEWPORT BEACH and within 30 days after receipt of invoice, COSTA MESA and NEWPORT BEACH shall pay to DISTRICT its respective share of PROJECT costs as outlined in items 9 and 10 herein based on bid prices and estimated contract quantities. 9. COSTA 14ESA shall pay to DISTRICT 100% of the sum of (a) plus (b) plus (c) plus (d) plus (e) plus (f) below: a. The total contract cost actually paid the contractor (estimated to be $70,000) for all local inlets within COSTA MESA and the inlet connector pipes to the main line storm drain. Cost will be computed on the basis of unit and lump sum bid prices (which shall include the costs of supporting in place or relocating utilities by DISTRICT's contractor and constructing any necessary detours) and final contract quantities for those contract items involved in construc- tion of PROJECT. b. The actual cost billed to DISTRICT by the utility owners with utilities located in the City of Costa Mesa (including utilities owned by COSTA MESA) for supporting in place or relocating utilities necessary for the construction of PROJECT. C. 10% of the sum of (a) and (b) above to cover DISTRICT's cost of design, inspection, field engineering and contract administration. d. The total contract cost actually paid the contractor for IMPROVE- -3- Agreement No. D -77 -117 j MENTS (estimated to be $12,000) within COSTA MESA but outside of trench limits 2 for DISTRICT's portion of main line storm drain. Trench limits are herby defined 3 as the width of the main line storm drain structure plus two feet on either side 4 of said structure. Cost will be computed on the basis of unit and lump sum bid 5 prices and final contract quantities for those items involved in construction of 6 IMPROVEMENTS. 7 e. Design fee actually paid to DISTRICT's consulting engineer for 8 plans and specifications for IMPROVEMENTS, but not to exceed $1,000. 9 f. Fifty percent of the total cost for relandscaping the center 10 median divider of Irvine Avenue whereon the main line storm drain excavation dis- 11 places the existing landscaping. 12 10. NEWPORT BEACH shall pay 100% of the sum of (a) plus (b) plus (c) 13 plus (d) plus (e) below: 14 a. The total contract cost actually paid the contractor (estimated 15 to be $70,000) for all local inlets within NEWPORT BEACH, the inlet connector 16 pipes to the main line storm drain and the main line storm drain upstream of 17 the reinforced concrete box to pipe transition structure (storm drain station 18 16+23.71) located near Highland Drive (20th Street). Cost will be computed on 19 the basis of unit and lump sum bid prices (which shall include the costs of 20 supporting in place or relocating utilities by DISTRICT's contractor, constructing 21 any necessary detours, and any traffic signal relocations) and final contract 22 quantities for those contract items involved in construction of PROJECT. 23 b. The actual cost billed to DISTRICT by the utility owners with 24 utilities located in the City of Newport Reach (including utilities owned by 25 NEWPORT BEACH) for supporting in place or relocating utilities necessary for 26 the construction of PROJECT. 27 c. 10% of the sum of (a) and (b) above to cover DISTRICT's cost 28 of design, inspection, field engineering, and contract administration. -4- .0 i Agreement No. D -77 -117 d. The total contract cost actually paid the contractor for IMPROVEMENTS (estimated to be $60,000) within NEWPORT BEACH but outside of trench limits for DISTRICT's portion of main line storm drain. Trench limits are hereby defined as the width of the main line storm drain structure plus two feet on either side of said structure. Cost will be computed on the basis of unit and lump sum bid prices and final contract quantities for those items involved in construction of IMPROVEMENTS. e. Fifty percent of the total cost for relandscaping the center median divider of Irvine Avenue whereon the main line storm drain excavation displaces the existing landscaping. 11. Upon completion of construction and filing of a Notice of Completion, DISTRICT shall submit to COSTA MESA and NEWPORT BEACH a statement of the actual total cost of PROJECT and IMPROVEMENTS based on bid prices and final contract quantities, including the final obligations of COSTA MESA and NEWPORT BEACH. 12. If COSTA MESA's or NEWPORT BEACH's total obligation exceeds the ini- tial deposit, COSTA MESA and NEWPORT BEACH agree to pay to DISTRICT the full amount of the remainder within 30 days after receipt of invoice from DISTRICT. If COSTA MESA's or NEWPORT BEACH's total obligtion is less than the inital deposit, DISTRICT shall reimburse COSTA MESA and /or NEWPORT BEACH within 30 days after filing a Notice of Completion. 13. It is mutually agreed that upon completion of construction, DISTRICT shall maintain and operate the main underground conduit portions of PROJECT from the beginning of PROJECT construction through Highland Drive (20th Street) and that COSTA MESA and NEWPORT BEACH shall maintain and operate all street drainage inlets, laterals, catch basins, and IMPROVEMENTS that are or in the future will be within the boundaries of the respective cities and constructed as a part of PROJECT. 14. In the event DISTRICT fails to award a contract for the work contem- plated by this agreement by June 30, 1978, the obligations of COSTA MESA, NEWPORT -5- ~� II • • Agreement No. 0-77 -117 1 2 3 4 51 6 7 8 9 10 11 BEACH and DISTRICT under this agreement may be terminated by any party by a thirty (30) calendar day written notice to the other parties. 15. DISTRICT shall be the "Lead Agency" within the context of the Environmental Quality Act of 1970 as amended and DISTRICT shall be responsible for complying with environmental requirements and filing required Notices prior to proceeding pursuant to paragraph 5 above. 16. COSTA MESA and 10,1PORT BEACH shall indemnify and hold DISTRICT harmless from any liability imposed as a result of any alleged negligency by COSTA MESA or NEWPORT BEACH or its agents arising out of COSTA MESA's or NEWPORT BEACH's performance under this agreement 17. DISTRICT shall indemnify and hold COSTA MESA and NEWPORT BEACH 12 1harmless from any liability imposed by any alleged negligence by DISTRICT or its 13 agents arising out of DISTRICT's performance under this agreement. i 14 j 18. The County of Orange Environmental Management Agency shall act 15 !as DISTRICT's'agent in carrying out the terms of this agreement. 16) 19. Proposition 13 Termination Clause 17 I Notwithstanding any other provisions of this agreement, the parties 18 thereto recognize the existence of Proposition Number 13, the so- called Jarvis 19 ,Amendment, an initiative measure that will be on the ballot for the June 6, 20 !1973, statewide primary election, which Proposition, if adopted by the voters, 21 will seriously and substantially reduce the funding of Orange County and i 22 Orange County Flood Control District governmental procurement and construction i 23 1programs. It is, therefore, agreed that if Proposition Number 13 is adopted by 24 ;the voters in the June 6, 1978, Primary Election, this agreement may be 25 !terminated at the option of any one party upon giving ten (10) days' written 26 jnotice to each of the other parties. 27!/// 28 -6- 1 2 3 4 5 6 7 8 9, 10 11 12' 13 14 15 16 17 18 -19 20 21 22 23 Agreement No. D -77 -117 IN WITNESS WHEREOF, the parties hereto have executed this agreement on dates opposite their respective signatures. Date Date (2p� ATTEST: ems. June Alexadder Clerk of the Board of Supervisors CITY OF COSTA MESA Date d-D, 19 79 By r /w 41'� Mayor Date /RaAAL, "0 /778 Date MAR 16 1978 Date " Date 26 27I28 ATTEST: By City Clerk CIT F RT BEACH By �l2UL Mayor ATTEST: MAR 16 1978 By Lz� City Clerk �E1S TO FORM APPROVED AS TO FORM: ADRIAN F.UYPER, County Counsel County of Orange, California RWW:dabl06b(6) By A24 Deputy ,?,&, .� DENNIS D. O'NEIL City A orney B A`/ J Y 11 MAR 1.3 1978 By the Gay COUNCIL City OF Nit Moh RESOLUTION NO. 9294 1i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, ORANGE COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF COSTA MESA WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amended Cooperative Financing Agreement between the City of Newport Beach, Orange County Flood Control District and the City of Costa Mesa; and WHEREAS, the City Council has reviewed the terms and conditions of said amended Cooperative Financing Agreement 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 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 13th day of Mayor City Clerk March 1978. DDO /bc 3/9/78 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 - /99r� V O I D - AMENDED AGREEMENT AUTHORIZED 3 -13 -78 CF TkJ'E BOARD A G R E E M E N T Agreement No. D -77 -1 THIS AGREEMENT, for purposes of identification, hereby dated the .z day of BY AND BETWEEN AND AND 1977, is ORANGE COUNTY FLOOD hereinafter referred ItOL DISTRICT as "DISTRICT ", CITY OF COSTA,idfESA hereinafter referred to as "COST MESA ", CIT/ OF NEWPORT BEACH, hereinafter referred td as "NEWPORT BEACH ". W I T N_ S S E T H WHEREAS, construction�o the Irvine - Baycrest Storm Drain (Facility No. G02P01) is needed to propeyly convey storm runoff and mitigate the recurrent flooding that has caused ha7fard and inconvenience to the public along Irvine Avenue; and /inafter the ity Engineer's Flood Control Advisory Committee of Orange County he in the allocation of construction funds for the Irvine - Baycrest in with the condition that COSTA MESA and NEWPORT BEACH cooperate financia project; and COSTA MESA and NEWPORT BEACH desire to include street improve- ments, h referred to as "IMPROVEMENTS ", along Irvine Avenue in co njunction with sai ain construction; and WHEREAS, it is mutually advantageous at this time to accomplish the EMENTS at COSTA MESA and NEWPORT BEACH expense as an adjunct of the storm drain construction; and WfiEREAS, COSTA MESA will fund the entire costs of local drainage inlets located within the City of Costa Mesa and the inlet connector pipes -1- Agreement No. D -77 -117 1 to the main line storm drain as COSTA.MESA's share of storm drain funding; and 2 WHEREAS, NEWPORT BEACH will fund the entire costs of local drainage inlets 3 located within the City of Newport Beach, the inlet connector pipes to the main line 4 storm drain, and the main line storm drain upstream of Highland Drive (20tb Street) 5 as NEWPORT BEACH's share of storm drain funding; 6 NOW, THEREFORE, IT IS MUTUALLY AGREED by and between DISTRICT, COSTA MESA 7 and NEWPORT BEACH as follows: 8 1. DISTRICT shall have contract plans and specifications prepared for 9 the Irvine- Baycrest Storm Drain, hereinafter refered to as "PROJECT ", as shown on 10 Exhibit A attached hereto and by reference made a part of this agreement. PROJECT 11 design shall be for hydraulic capacity determined in accordance with DISTRICT's 12 Design and Hydrology Manuals. 13 2. NEWPORT BEACH shall provide the plans and specifications for its 14 IMPROVEMENTS. 15 3. DISTRICT shall provide the plans and specifications for COSTA MESA's 16 IMPROVEMENTS with cost reimbursement as described herein. 17 4. DISTRICT shall include, in the contract plans and specifications for 18 PROJECT the COSTA MESA and NEWPORT BEACH IMPROVEMENTS, which shall include but not 19 be limited to removal of existing cross - gutters and paving, grading, replacement 20 of paving and all other IMPROVEMENTS outside of DISTRICT's storm drain trench 21 limits as described herein. 22 5. DISTRICT, upon approval of plans and specifications for PROJECT 23 by COSTA MESA, NEWPORT BEACH and others required under the Orange County Flood 24 Control Act, shall promptly undertake and perform all the work of advertising for 25 bids and awarding a contract under applicable provisions of law governing such 26 award. 27 6. DISTRICT shall furnish a Resident Engineer during construction 28 who shall be responsible for contract administration and for securing completion � o Agreement No. D -77 -117 1 of the work in accordance with the approved plans and specifications. COSTA 2 MESA and NEWPORT BEACH may furnish an inspector to consult with DISTRICT's 3 Resident Engineer regarding construction, but the decisions of DISTRICT's Resident 4 Engineer shall be final. 5 7. DISTRICT shall arrange for any modifications, relocations or recon- 6 struc.tion of utilities and for the construction of any detours necessary for the construction of PROJECT; and COSTA MESA and NEWPORT BEACH shall cooperate to the 8 extent of its powers in making arrangements and official notices concerning utility 9 relocations. 10 8. After award of contract for PROJECT, DISTRICT shall invoice COSTA 11 MESA and NEWPORT BEACH and within 30 days after receipt of invoice, COSTA MESA 12 and NEWPORT BEACH shall pay to DISTRICT its respective share of PROJECT costs as 13 outlined in items 9 and 10 herein based on bid prices and estimated contract 14 quantities. 15 9. COSTA MESA shall pay to DISTRICT 100% of the sum of (a) plus (b) 16 plus (c) plus (d) plus (e) plus (f) below: 17 a. The total contract cost actually paid the contractor (estimated 18 to be $70,000) for all local inlets within COSTA MESA and the inlet connector 19 pipes to the main line storm drain. Cost will be computed on the basis of unit and 20 lump sum bid prices (which shall include the costs of supporting in place or 21 relocating utilities by DISTRICT's contractor and constructing any necessary 22 detours) and final contract quantities for those contract items involved in construc- 23 tion of PROJECT. 24 b. The actual cost billed to DISTRICT by the utility owners with 25 utilities located in the City of Costa Mesa (including utilities owned by COSTA 26 MESA) for supporting in place or relocating utilities necessary for the construction 27 of PROJECT. 28 C. 10% of the sum of (a) and (b) above to cover DISTRICT's cost -3- i Agreement No. D -77 -117 of design, inspection, field engineering and contract administration. d. The total contract cost actually paid the contractor for IMPROVE- MENTS (estimated to be $12,000) within COSTA MESA but outside of trench limits for DISTRICT's portion of main line storm drain. Trench limits are herby defined as the width of the main line storm drain structure plus two feet on either side of said structure. Cost will be computed on the basis of unit and lump sum bid prices and final contract quantities for those items involved in construction of IMPROVEMENTS. e. Design fee actually paid to DISTRICT's consulting engineer for plans and specifications for IMPROVEMENTS, but not to exceed $1,000. f. Fifty percent of the total cost for relandscaping the center median divider of Irvine Avenue whereon the main line storm drain excavation dis- places the existing landscaping. 10. NEWPORT BEACH shall pay 100% of the sum of (a) plus (b) plus (c) plus (d) plus (e) below'. a. The total contract cost actually paid the contractor (estimated to be $70,000) for all local inlets within NEWPORT BEACH, the inlet connector pipes to the main line storm drain and the main line storm drain upstream of the reinforced concrete box to pipe transition structure (storm drain station 16 +23.71) located near Highland Drive (20th Street). Cost will be computed on the basis of unit and lump sum bid prices (which shall include the costs of supporting in place or relocating utilities by DISTRICT's contractor, constructing any necessary detours, and any traffic signal relocations) and final contract quantities for those contract items involved in construction of PROJECT. b. The actual cost billed to DISTRICT by the utility owners with utilities located in the City of Newport Beach (including utilities owned by NEWPORT BEACH) for supporting in place or relocating utilities necessary for the construction of PROJECT. -4- 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 Agreement No. D -77 -117 C. 10% of the sum of (a) and (b) above to cover DISTRICT's cost of design, inspection, field engineering, and contract administration. d. The total contract cost actually paid the contractor for IMPROVEMENTS (estimated to be $60,000) within NEWPORT BEACH but outside of trench limits for DISTRICT's portion of main line storm drain. Trench limits are hereby defined as the width of the main line storm drain structure plus two feet on either side of said structure. Cost will be computed on the basis of unit and lump sum bid prices and final contract quantities for those items involved in construction of IMPROVEMENTS. e. Fifty percent of the total cost for relandscaping the center median divider of Irvine Avenue whereon the main line storm drain excavation displaces the existing landscaping. 11. Upon completion of construction and filing of a Notice of Completion, DISTRICT shall submit to COSTA MESA and NEWPORT BEACH a statement of the actual total cost of PROJECT and IMPROVEMENTS based on bid prices and final contract quantities, including the final obligations of COSTA MESA and NEWPORT BEACH. 12. If COSTA MESA's or 14EWPORT BEACH's total obligation exceeds the ini- tial deposit, COSTA MESA and NEWPORT BEACH agree to pay to DISTRICT the full amount of the remainder within 30 days after receipt of invoice from DISTRICT. If COSTA MESA's or NEWPORT BEACH's total obligtion is less than the inital deposit, DISTRICT shall reimburse COSTA MESA and /or NEWPORT BEACH within 30 days after filing a Notice of Completion. 13. It is mutually agreed that upon completion of construction, DISTRICT shall maintain and operate the main underground conduit portions of PROJECT from the beginning of PROJECT construction through Highland Drive (20th Street) and that COSTA MESA and NE14PORT BEACH shall maintain and operate all street drainage inlets, laterals, catch basins, and It9PROVF,MENTS that are or in the future will be within the boundaries of the respective cities and constructed as a part of PROJECT. Q -5- u 11 Agreement No. D -77 -117 1 14. In the event DISTRICT fails to award a contract for the work contem- 2 plated by this agreement by June 30, 1978, the obligations of COSTA MESA, NEWPORT 3 BEACH and DISTRICT under this agreement may be terminated by any party by a thirty 4 (30) calendar day written notice to the other parties. 5 15. DISTRICT shall be the "Lead Agency" within the context of the Environ- 6 mental Quality Act of 1970 as amended and DISTRICT shall be responsible for complying. 7 with environmental requirements and filing required Notices prior to proceeding 8 pursuant to paragraph 5 above. 9 16. COSTA MESA and NEWPORT BEACH shall indemnify and hold DISTRICT harmless 10 from any liability imposed as a result of any alleged negligency by COSTA MESA or 11 NEWPORT BEACH or its agents arising out of COSTA MESA's or NEWPORT BEACH's performance 12 under this agreement. 13 17. DISTRICT shall indemnify and hold COSTA MESA and NEWPORT BEACH harm - 14 less from any liability imposed by any alleged negligence by DISTRICT or its agents 15 arising out of DISTRICT's' performance under this agreement. 16 18. The County of Orange Environmental Management Agency shall act 17 as DISTRICT's agent in carrying out the terms of this agreement. 18 19 20 21 22 23 24 25 26 27 28 -b- P / FS Ty �� F R �ST i 9 lb J� ' c X' y10, � ST. T A l , No 8 11> ` of 9 S ♦ohti v . h� woe �O5 a AZO Lel 1300 1 u I J FQ- 2 � Q H {43 t �4Mi IRVINE - BAYCREST STORM DRAIN G02P01 SCALE :I" = 600' WIreement No. D -77 -117 IN WITNESS WHEREOF, the parties hereto have executed this agreement on dates opposite their respective signatures. ORANGE COUNTY FLOOD CONTROL DISTRICT Date By Chairman of the Board of Supervisors Orange County, California Date Date Date Date DEC 2 1 1977 Date DEC 2 1977 �r Date Y � � RWW :dab106b(6) ATTEST: June Alexander Clerk of the Board of Supervisors CITY OF COSTA MESA L1 Mayor ATTEST: By - City Clerk CITY -01 ATTEST: By A/ eZ�4 !Cth�y'� Ur City C1�rk APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel County of Orange, California Deputy APP4 F15 : TO FOR fl: (i DF'. NIS D. WNEIL City Attorney 12/21/77 MEMO TO THE FILE: ORIGINAL & COPIES TO DON WEBB THIS DATE FOR TRANSMITTAL TO'PARTIKS INVO.LVEj). eg �� \ \ � DEC 19 1971 By ** uir CUNWQL oily 0, W6100 MACH RESOLUTION NO. 925 0 46 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 COUNTY OF ORANGE AND THE CITY OF COSTA MESA FOR CONSTRUCTION OF THE IRVINE - BAYCREST STORM DRAIN FROM DOVER DRIVE TO BAYCREST ROAD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the County of Orange and the City of Costa Mesa for construction of the Irvine - Baycrest Storm Drain from Dover Drive to Baycrest Road; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement 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 agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 19th day of December , 1977. ATTEST: City Clerk DDO /bc 12/16/77