HomeMy WebLinkAboutC-2024 - Cooperative agreement for construction, maintenance & operation of water meter CM-1 at Fernleaf Avenue and PCHCITY OF NEWPORT BEACH
CALIFORNIA
city Ilan
3300 W. Newport Blvd.
Area Code 714
DATE September 29, 1978
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2024
Description of Contract Coastal Municipal Water District Cooperative
Agreement for water meter at Fernleaf Avenue an CH.
Authorized by Resolution No. 9346 , adopted on May 22, 1978
Effective date of Contract May 26, 1978
Contract with Laguna Beach County Water District, South Coast County Water District,
The Irvine Company and Coastal Municipal Water District.
Address Funds to be mailed to Laguna Beach County Water District
306 - 3rd , Laguna Beach, CA
Amount of Contract (See contract" 4)
City Clerk IQ
PLEASE RETURN TO
CITY CLERK
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF. 92563
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AGREEMENT RE SERVICE CONNECTION
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THIS AGREEMENT is entered into this r; day of ,� ,i ,
1978, by and between COASTAL MUNICIPAL WATER DISTRICT, the Lead
Agency herein (hereinafter "Coastal "), LAGUNA BEACH COUNTY WATER
DISTRICT (hereinafter "LBCWD "), SOUTH COAST COUNTY WATER DISTRICT
(hereinafter "SCCWD "), the CITY OF NEWPORT BEACH (hereinafter
"N.B. "), and THE IRVINE COMPANY, a Michigan corporation (herein-
after "TIC ") for the construction, maintenance and operation of a
supplemental acoustical meter to the now existing meter at the
CM -1 service connection.
W I T N E S S E T H:
1. The Coastal CM -1 service connection has from time to
time been operating in violation of Section 322.5, Rates of Flow,
of the Metropolitan Water District Administrative Code, and
Metropolitan Water District of Southern California (hereinafter
"MWD ") accordingly has expressed the intention to waive any penalties
which may have incurred by reason of said alleged violation and has
in concept consented to the construction of a supplemental acoustical
meter at the CM -1 service connection, provided (a) Coastal prepares
Plans and specifications for an electro- acoustical flowmetering system,
to be approved by MWD, (b) Coastal provides for the installation of
such meter, to be inspected by MGTD, (c) Coastal conveys to MWD
ownership of such supplemental meter, together with the rights
LAW OFFICES OF
RTMEL AND FIELSING
INCORPORATED
SUITE 406
1055 NORTH MAIN STREET
SANTA ANA. CALIFORNIA 92701
(714) 547 -7395
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to operate, maintain, control, calibrate and read such meter, at the
sole cost and expense of MIND and at no cost or expense to any of the
parties to this agreement.
2. This Agreement is intended to provide for the design and
construction of said supplemental meter, (without altering or amending
the present rights and obligations in and to the Pacific Coast Main,
so- called, and the vault located near CM -1 where such supplemental
meter will be installed), and further, to provide for post- construction
maintenance, repair, calibration and reading of such supplemental
meter by MWD.
3. Hereinafter in this agreement, the existing meter at the
CM -1 service connection will be designated CM -lA and the supplemental
acoustical meter to be installed will be designated CM -1B.
4. Coastal and MWD have orally agreed to the terms of a
written agreement to be executed between them wherein MWD will
become the owner and operator of said supplemental meter system when
constructed and installed, and said written agreement will be executed
and become effective concurrently with this agreement, and a copy
of said Coastal /MWD agreement is attached hereto, marked Exhibit "A"
and hereby referred to and incorporated herein for all purposes.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto agree as follows:
EXECUTORY AGREEMENTS
1. LBCWD is hereby designated and appointed by all the parties
hereto as the administering agency for all purposes of construction
LAW OFFICES OF
RIMEL AND HELSING
INCORPORATED
SUITE 406
1055 NORTH MAIN STREET 't -
SANTA ANA, CALIFORNIA 92701 G
(714) 547 -7395
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of the CM -1B project, and LBCWD shall be the managing agent and
trustees for the parties hereto for such construction.
2. The acoustical meter, CM -1B, will be installed in a vault
owned by LBCWD and others and located in Newport Beach on Pacific
Coast Highway in Orange County, California, approximately 50 feet
south of the intersection of Fernleaf Street and Pacific Coast
Highway. Existing facilities and appurtenances owned by LBCWD
and others, at said vault will be used, relocated, replaced and /or
reconnected as required. This CM -IB project is more particularly
described in, and will be constructed in accordance with the approved
plans and specifications as the same may from time to time be duly
modified or amended as herein provided.
3. Upon the completion of the CM -1B construction project,
LBCWD as Trustee shall convey all right, title and interest in and
to said CM -1B to Coastal by the delivery to Coastal of a written
instrument or deed. Upon delivery of such deed or instrument,
Coastal shall thereafter undertake or otherwise provide for any
and all maintenance, repairs, replacements, calibration and /or
operation required, necessary or desirable to said CM -1B. Coastal
is herewith granted the right, license and easement in and to the
vault wherein CM -1B is to be installed and in the Pacific Coast Main
for such purpose of maintenance, repair, replacement, calibration
and /or operation only of CM -1B, and for no other purpose. It is
mutually understood and agreed that Coastal intends to, and shall
have the absolute right to, transfer all ownership rights in the
LAW OFFICES OF
RIMEL AND HELSING
INCORPORATED 3
SUITE 406
1055 NORTH MAIN STREET
SANTA ANA, CALIFORNIA 92701
(714) 547 -7395
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completed meter system, including flowmeter instruments and a cabinet
therefor to MWD for all such maintenance, repair, replacement,
calibration and /or operation at the sole cost and expense of MWD
and at no cost or expense to any of the parties hereto. No water
rights, except as otherwise provided herein, are created hereby.
4. Each party shall pay to LBCWD, as Trustee, all the costs
of construction and installation of CM -1B, as costs are herein
defined, in the following proportionate shares:
49% to be paid by LBCWD
5% to be paid by N.B.
22% to be paid by SCCWD
24% to be paid by T.I.C.
0% to be paid by Coastal
"Costs" as hereinabove and herein used are defined as all direct
and indirect costs incurred by LBCWD and by Coastal for the comple-
tion of the said CM -1B project as shown on the books and records of
LBCWD and /or Coastal and properly allocable to the C11 -1B project,
including costs incurred before the date of this Agreement. Included
in the term "costs" are all expenses incurred for legal services,
and for all administrative and overhead costs including but not
limited to, workmen's compensation insurance, public liability and
property damage insurance, bookkeeping, auditing and other items of
costs as may be necessary and proper in the performance by LBCWD and
by Coastal of their duties hereunder.
LAW OFFICES OF
RIMEL AND HELSING 4.
INCORPORATED
SUITE 406
I055 NORTH MAIN STREET
SANTA ANA. CALIFORNIA 92701
(714) 547 -7395
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5. Each party shall forthwith pay or advance to LBCWD, in
their respective shares, all funds required or requested by LBCWD
for performance of the objectives under this Agreement. In the event
the amounts paid or advanced by any party exceed the final propor-
tionate share of such cost allocable to it upon completion, the excess
shall be returned by LBCP7D to such party.
6. The actual construction of the CM -1B project has been
estimated to cost $35,000. If any changes are made in the plans,
specifications, documents, estimates, or are required by MID, the
revised plans, specifications and estimates shall not again be sub-
mitted for approval by each party, but shall be deemed approved
so long as such changes do not increase the construction cost of
this project more than $15,000 over the said estimate, and the
engineer's estimate of costs shall be increased by the estimated
cost of such changes.
7. A special project fund shall be created and maintained
by LBCWD for the purpose of receiving and disbursing such payments
and advances. LBCWD may invest such funds in interest - bearing
depositories or other safe investments. LBCWD shall, at the conclu-
Sion of the construction of the entire project, make a full and
complete accounting of the CM -1B project, and shall deliver same to
each party. Such accounting may be performed by an independent
certified public accountant, at LBCWD's discretion, and it shall
show an accountability of all funds used in the project, a summary
of receipts and disbursements, and a final computation of the
financial participation of the parties as set forth in Paragraph 4
LAVi OFFICES OF
RIMEL AND HELSING
INCORPORATED
SUITE 406
I055 NORTH MAIN STREET 5.
SANTA ANA, CALIFORNIA 92701
(714) 547 -7395
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hereof. Unless such accounting shows otherwise, any excess of funds,
whether from accrued interest or deposits or otherwise, or any shortage
of funds or deposits shall be paid to or by the parties, as the case
may be, in the proportions provided in Paragraph 4 hereof.
B. Upon execution of this Agreement, LBCWD shall proceed to
advertise for or otherwise solicit and receive bids in the manner
and complying with whatever procedures LBCWD in its sole discretion
shall determine. All bids so received shall be opened at least
five (5) days prior to any award of contract. LBCWD shall then
immediately notify the managers of all parties hereto of the names
and the bids of all of the bidders, and said managers shall have
five (5) days thereafter within which to review and tabulate and,
if required as hereinafter provided, approve the bid of the lowest
and most responsible bidder. If the bid of the lowest responsible
bidder does not exceed the engineer's estimate by more than 15 %,
LBCWD as managing agent and Trustee may in its discretion award the
work to the said lowest responsible bidder. If the bid of the
lowest responsible bidder does exceed the engineer's estimate of
construction cost of said project by more than 15 %, then the approval
of the governing boards of each party hereto which is sharing in the
cost of said project, or the authorized delegate of any such party,
shall be required before LBCWD may award the work. When approval
of the governing boards of all participating parties, or their
authorized delegates, are required, each participating party hereto
shall notify the other participating parties of such approval or
LAW OFFICES OF
RIMEL AND HELSING
INCORPORATED
SUITE 406
1055 NORTH MAIN STREET
SANTA ANA. CALIFORNIA 92701
(714) 547 -7395
ps
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disapproval within 'thirty (30) days after receiving notice from
LBCWD that the bid of the lowest responsible bidder exceeds the
engineer's said estimate of construction cost by more than 15 %.
A participating party shall be deemed to be one who is to participate
in the payment of the cost of said project. In the event such
approval is not obtained from all participating parties hereto,
the participating parties shall meet and determine the future course
of action to be taken. In the event new bids are called for, the
same procedures to award shall apply.
9. After the construction contract has been awarded, LBCWD
may alter, amend, and supplement said contract with extra work as
it in its sole discretion shall determine; provided, however, that
any extra work the cost of which exceeds an amount equal to 150 of
the awarded construction bid price shall not be approved or allowed
by LBCWD until the same has first been approved by the manager of
each participating party, or by such other person or persons desig-
nated to give such approval in place of the manager; provided,
further however, that in the event the aggregate added construction
costs of all allowed work orders exceeds $15,000, then all extra
work orders thereafter processed upon such contract, and which add
additional construction costs, shall not be allowed by LBCWD until
first approved in each instance by the Board of Directors of each
party hereto, or by the person to whom such authority is granted by
such Board of Directors.
LAW OFFICES OF
RIMEL AND HELSING
INCORPORATED
SUITE 406
1055 NORTH MAIN STREET
SANTA ANA, CALIFORNIA 92701
(714) 547 -7395
7.
40
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10. This Agreement is and shall be binding upon and inure I
to the benefit of the parties hereto and their respective successor ij
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assigns and other persons deriving their interest from said partieo
This Agreement shall be effective upon the execution of all parties
in one instrument or multiple counterparts, or in multiple purchase
orders referencing this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly signed this
Agreement on the day and year hereinabove first written, and have
attached certified copies of the ordinance, resolution or minute order
of each of their respective governing bodies, if applicable,
authorizing the same.
ATTEST:
Secretary
ATTEST:
City Clerk
LAGUNA BEACH COUNTY WATER DISTRICT
P sident
THE CITY OF NEWPO7 BEACH
Mayor
ATTEST':
SOUTH COAST
COUNTY WATER DISTRICT
/
Secretary
President
C04PAN
�` % .. .
ICIPAL WATER DISTRICT
LAW OFFICE'-.OF
RIMEL AND HELSING�
INCORPORATED
$uITE 40$
1055 NORTH MAIN STREET 'V
SANTA ANA. CALIFORNIA 92701
(714) 547 -7395
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AGREEMENT FOR METROPOLITAN'S OWNERSHIP OF SUPPLEMENTAL
ACOUSTICAL METER NEAR SERVICE CONNECTION CM -1
THIS AGREEMENT is made and entered into this day
of , 1978, by and between THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, incor-
porated under the Metropolitan Water District Act of the State
of California ( Stats. 1969, Ch. 209, as amended), hereinafter
referred to as "Metropolitan" and COASTAL MUNICIPAL WATER DISTRICT,
hereinafter referred to as "member public agency."
In consideration of the provisions herein contained,
IT IS AGREED:
1. Member public agency desires the installation of a
supplemental acoustical meter for the purpose of recording low
flows at Service Connection CM -1. The meter shall be located in
member public agency's structure at Pacific Coast Highway and
Fernleaf Street in Corona del Mar. Metropolitan agrees to the
installation of the meter by member public agency in accordance
with the applicable terms and conditions set forth in Chapters
Nos. 321 and 322 of Metropolitan's Administrative Code, except
as modified herein.
2. Member public agency shall prepare plans and
specifications for the electroacoustical meter system for
approval by Metropolitan, and shall modify the structure,
furnish and install said meter and appurtenances to Metropolitan's
standards.
3. The meter system, which shall include flowmeter
instruments and a cabinet therefore, shall be the property of
Metropolitan and shall be operated, maintained, and controlled
by Metropolitan, at Metropolitan's expense, for which purpose
member public agency shall grant Metropolitan unrestricted
access to member public agency's structure.
4. Metropolitan's responsibility shall not extend
beyond ownership of the metering system and any and all liabili-
ties arising from the release of water in the quantities agreed
upon shall be the responsibility of the member public agency.
5. For billing purposes, Metropolitan's existing
35 -cfs capacity venturi meter shall be designated CM-1A and the
supplemental 25 -cfs capacity acoustical meter shall be designated
CM -1B.
pp
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IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed in duplicate as of the date and
year first above written, by their officers thereunto duly
authorized.
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Attest:
Executive Secretary
Approved as to form:
Robert P. Will
General Counsel
Deputy General Counsel
Attest:
By
General Manager
COASTAL
(SEAL)
DISTRICT
46
May 26, 1978
Original & copies for execution to Public Works Director this
date for transmittal to The Irvine Company.
MAY 2? 1978
By the CITY COUNQC RESOLUTION NO. s
OF tuB`.NPQPM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH
THE COASTAL MUNICIPAL WATER DISTRICT
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 Coastal Municipal
Water District in connection with the construction, maintenance
and operation of a water meter at the CM -1 service connection
at Fernleaf Avenue and Coast Highway; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Cooperative 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 Cooperative 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 22nd day of
Mayor
ATTEST:
City Clerk
1978.
DDO:kb
5 -15 -78