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HomeMy WebLinkAboutC-2483(H) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Utility AgreementOctober 6, 1986 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Attention: Donald C. Simpson Dear Mr. Simpson: 0 -Z48z, r.'.0 Pacific Bell has become aware of your proposed Upper Newport Bay dredging project through our recent meetings and telephone conversation. In association with this project, Pacific Bell has three submarine cables crossing the Bay which are in conflict. The City of Newport Beach has agreed to relocate and protect these cables for Pacific Bell. This Letter of Agreement will set forth the responsibilities of both the City of Newport Beach, herein referred to as the 'City ", and Pacific Bell, herein referred to as the "Company'. The City and Company agree to the following terms and conditions: 1. The City shall acquire all required permits and give the proper notification in behalf of the Company for those agencies including but not limited to: The Regional Water Quality Control Board, Fish and Game Department, The Coast Guard, and Harbor Master. 2. The City's Contractor will lower the Company's cables to the City's specifications for clearance, Company shall approve said Contractor performing the work and the method of lowering. Approval to be obtained from Brian Todd (714- 666 - 5513). The City's Contractor will repair existing damage to the armor sheathing on the southerly cable to be lowered to the Company's specification. The Company shall pay.for the cost of lowering and repair of cable as associated with the City's project. 5. The City's contractor will provide a separate bid for the Company portion of the cost of the proposed project. 6. Company reserves the right to accept or reject Contractor's bid for the Company's portion of the proposed project. 0 IM 0 7. The Company will provide, at its own expense, an Inspector to assist the Contractor in the lowering operation. 8. City and /or its Contractor agree to indemnify, defend and hold the Company harmless from any and all loss, claims, expenses and liability that should arise from or be related to the work performed by the City's Contractor performed under this agreement. If these are acceptable to both the City of Newport Beach and Pacific Bell, please acknowledge below. 8�_ �Ray Right of Way Agent RJG:vsb PACIFIC BELL ACCEPTED BY: t l Ray Gu ther Right of Way Agent C. F. Gibo Engineer THE CITY OF NEWPORT BEACH _.ACCEPTED BY: �N Robert L. Wynn City Manager