Contract - Newport - 1983-05-12 C c
AGREEMENT
THIS AGREEMENT made and entered into this /Z tL day of
72L7 1983 by and between COSTA MESA SANITARY DISTRICT
formed under the Sanitary District Act of 1923 hereinafter called
DISTRICT, and CITY OF NEWPORT BEACH , a municipal corporation
hereinafter called CITY
W I T N E S S E T H
WHEREAS CITY proposes to improve and realign Superior Avenue
t:-
between Coast Highway and 1 200 feet north of Coast Highway and
WHEREAS DISTRICT owns and maintains a sewer line and appur-
tenant facilities within the existing alignment of Superior Avenue
and
WHEREAS DISTRICT facilities in Superior Avenue serve pri-
marily Newport Beach with only a lessor number of properties in
F
Costa Mesa also being served and
WHEREAS DISTRICT acknowledges responsibility to relocate
sewer and appurtenant facilities as required by the proposed
improvement and realignment of Superior Avenue and
WHEREAS DISTRICT now desires to detach that area within
the jurisdictional boundaries of CITY and shown on Exhibit A
attached to this agreement and
WHEREAS CITY concurs in the detachment of the territory
shown on Exhibit A and
WHEREAS DISTRICT agrees to enter into an agreement with
CITY for accepting transmission of liquid waste from DISTRICT
after detachment and
c
WHEREAS, DISTRICT and CITY in an effort to coordinate sewer
facility relocation and roadway improvements have determined that
it will be to the mutual benefit of both DISTRICT and CITY to relo-
cate the sewer facilities under the CITY contract said sewer facil-
ity relocation, as City of Newport Beach improvement plan drawing
number R-5469-S shall hereinafter be referred to as PROJECT and
WHEREAS DISTRICT and CITY desire to set forth their respec-
tive rights and obligations concerning PROJECT
NOW, THEREFORE , IN CONSIDERATION OF THE FOREGOING IT IS
AGREED AS FOLLOWS
1 NEWPORT BEACH SHALL
a Concur in and jointly support the detachment of that
area shown on Exhibit A attached to this Agreement
b Prepare or have prepared plans and cost estimates
suitable for obtaining bids for construction of the PROJECT and
shall furnish DISTRICT with a list of bidders showing a final cost
estimate based on actual bid prices prior to award of the construc-
tion contract
c Provide contract administration and construction
engineering for the PROJECT
d Furnish DISTRICT reproducible as constructed plans
of the PROJECT and file a Notice of Completion for the PROJECT
after final acceptance of the work
2 DISTRICT SHALL
a Review and approve the PROJECT plans No R-5469-S
b Review and approve final estimated cost to DISTRICT
prior to CITY award
- 2 -
I I
c Reimburse CITY for design engineering construction
engineering administration and actual PROJECT construction—costs
in the manner set forth herein The preliminary estimate for total
cost of the PROJECT is $68 000 including design and construction
engineering and administration cost
3 IT IS MUTUALLY UNDERSTOOD AND AGREED THAT
a Prior to execution of this Agreement CITY by resolu-
tion shall concur in and support the detachment of area shown in
Exhibit A
b Payment of PROJECT cost by DISTRICT to CITY shall
be based on progress payments for PROJECT construction items made
to the contractor Payment for design engineering construction
engineering and administration shall be ten percent ( 10%) of the
actual PROJECT construction items Payment shall be made within
thirty (30 ) days after receipt of an itemized statement from CITY
c During construction, CITY shall assign a qualified
inspector who shall be charged with overall contract administration
and who shall assure that construction is accomplished in accordance
with the plans and specification and in accordance with DISTRICT
sewer specifications The work however shall be subject at all
times to inspection by the authorized representative of both parties
and DISTRICT representative shall have full right of inspection and
final decision as it relates to DISTRICT facilities
d Change orders will require prior written approval
from DISTRICT In case of emergency however, verbal approval by
an authorized representative of DISTRICT shall be provided with
written approval to follow
- 3 -
C C
e DISTRICT shall indemnify and hold harmless CITY and
its officers and employees from any damage or liability arising
from any errors omissions or negligence in DISTRICT S performance
of this Agreement
f CITY shall indemnify and hold harmless DISTRICT and
its officers and employees from any damage or liability arising
from any errors omissions or negligence in CITY' S performance of
this Agreement
g DISTRICT shall make application to LAFCO for detach-
ment of that area shown on Exhibit A and CITY shall by resolution
concur in said application
h DISTRICT and CITY agree that the effective date of
this agreement shall be from and after the date CITY concurs by
resolution in the detachment proceedings and in the terms and con-
ditions of this Agreement
IN WITNESS WHEREOF we have entered into this Agreement on
the day and year first written above
CITY OF NEWPORT BEACH y-
APPROVED AS TO FORM gY /i < i
ayor
B Y //74 (4 5
C ty Attorney of the City of City Clerk
Newport Beach
COSTA MESA SAN TARY DISTRICT
APPROVED AS TO FORM ;resid-nt
(\ C
BY ��1 y 1-6
I < / tc 4e.■
Attorney for-Costa Mesa Sanitary Secretary
District
- 4 -
t0o I J .CO
..' c
.b
0
i 4 0.b
5
,L........„. . •,,,„\\,c, . e
4
iE
EXISTING OCSO NO G
b"'° / r
-
q;
ic-/ ,
H \\ l 1 1 l l - -1141, E/ ® . ' / id -'
. f/ '�a' • ■ /
a3
•
\`C4.
'p C / 3 !
zq 4 \ \3
F .43
i C y
e. !
6
4W4 ,
90 • p^,'\\ \\\ c ALL EXISTING ]EWERS WERE \
Y f' DEDICATED TO CN8 AND ARE
`v 'J \ �\, • r� WINi (NCO MY CNp \
4:2/
:,,X 4% . N it i
.; LEGEND
/ , • �\ _t / CITY Of NEWPORT SACK S}1NDARY (CN5/
M1fr
/ r \ --•--- COSTA MESA SANITARY DiSTRICT ISOIEYDARY Er 1 (CM1DI
- LI TS Of PROPOSED OErACIYENT
CCC
•` "\� 11LI NG CH SEWER SYSTEM
/ / - EN PSI PC C SD SEWER MYER
B iT•
•
IJ. .
EXISTING OC SO NO II h
TRLR� SERB 9
EXHIBIT A'
a i
:i
r
/ V
F
2 7\ �' : ' \' ,f x ,
/ /I\
; ��
•y b
/ I,
b
% qy ,
z0
/5 ti, G l
'/ ! m r
q a^b
L y t~ �4 4 ? R �/ { 84
/ a
7.
/\ _ pej\ z / /
SST y.
8•
\ \ •y�S/e
i � i,r/
//:\i"Air 0 '
C
FlsiiNM 0050 MO I
//--TRURO SEWER / P
A
CO.,/ /
S� zm
1