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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 ft M AGREEMENT RE SERVICE CONNECTION .t It 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 M '� M1 M ,, 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 40 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 M M .. 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 N 60 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 N 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 N go ' 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 r 10. This Agreement is and shall be binding upon and inure I to the benefit of the parties hereto and their respective successor ij ,a' 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 resi, M r L-1 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 -a- 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