HomeMy WebLinkAboutC-2852(A) - Construction & operation of Emergency Water System Interconnection.I
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: February 22, 1991
SUBJECT: Contract No. C- 2852(A)
z 2- y-
Description of Contract Construction and Operation of
Emergency Water System'Interconnection
Effective date of Contract February 21, 1991
Authorized by Minute Action, approved on February 11, 1991
Contract with Irvine Ranch Water District
Address 18802 Bardeen Avenue
P.O. Box D -I
Irvine, CA 92716
Amount of Contract (See Agreement)
" s '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
AGREEMENT BETWEEN CITY OF NEWPORT BEACH
AND IRVINE RANCH WATER DISTRICT
FOR CONSTRUCTION AND OPERATION OF
EMERGENCY WATER SYSTEM INTERCONNECTION
C - 2 j 52- (4)
This agreement is made and entered into to be effective this
day of Ill 1L- , 199 by and between the City of
Newport Beach, a municipal c rporation ( "CITY ") and the Irvine
Ranch Water District, a California Water District formed and
existing pursuant to the California Water District Law,
California Water Code Section 34000 et seg. ( "IRWD ").
R E C I T A L S
WHEREAS, CITY and IRWD each own and operate facilities for
the provision of domestic water service within their respective
boundaries; and
WHEREAS, included within the area served by CITY's water
system is a developed area known as "Cameo Shores "; and
WHEREAS, included within the area served by IRWD's water
system is property known as "Pelican Point" which is presently
proposed for development by The Irvine Company in the manner
shown in Exhibit "A ", which is attached hereto and incorporated
herein by this reference; and
WHEREAS, IRWD will supply retail water service to Pelican
Point from IRWD's capacity in a water transmission main
withinPacific Coast Highway and desires to have an off -site
interconnection from CITY's existing transmission main in Cameo
Shores Road for backup service during emergencies and planned
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outages; and
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WHEREAS, CITY desires that such proposed interconnection
also serve as a backup service to Cameo Shores from IRWD's system
to be constructed for Pelican Point; and
WHEREAS, CITY and IRWD have determined that it would be
consistent with sound engineering and operational practices for
municipal water systems and in the mutual interest of their
respective customers to construct such interconnection; and
WHEREAS, CITY has the power under CITY's Municipal Code
(Section 14.04.150 through 14.04.200) to enter into this
Agreement, and IRWD has the power under the California Water
District Law to enter into this Agreement; and
WHEREAS, IRWD has entered into a separate agreement with The
Irvine Company as the developer of Pelican Point, pursuant to
which The Irvine Company will cause the design and construction
of the interconnection at The Irvine Company's expense.
NOW THEREFORE, CITY and IRWD for mutually valuable
consideration, receipt of which is hereby acknowledged, hereby
agree as follows:
Section 1. Construction of Interconnection. IRWD will
through separate agreement cause the proposed interconnection,
consisting of interconnecting water mains, a new vault structure
and new meters, collectively known as the "Water
Interconnection ", to be designed and constructed by The Irvine
Company. Following completion of construction of the Water
Interconnection and upon inspection and acceptance of the Water
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Interconnection by CITY, IRWD shall cause The Irvine Company to
dedicate to CITY those portions of the Water Interconnection
located within CITY, free and clear of any interest or
encumbrance of IRWD. IRWD shall have the right to connect to the
portions of the Water Interconnection accepted by CITY in such a
manner that the Water Interconnection will provide a backup water
supply connection to Pelican Point. City shall thereupon assume
all maintenance and operational responsibilities for the portions
of the Water Interconnection accepted by CITY, except those
maintenance responsibilities covered within the guaranty by the
installing contractor. IRWD shall cause the contract to provide
that the contractor guarantees the Water Interconnection for a
period of one (1) year after acceptance and that such guaranty
may be assigned to CITY for such portion of the Water
Interconnection accepted by CITY.
Section 2. Details of Water Interconnection. The
locations, diameters and other descriptive information concerning
the Water Interconnection are set forth in a CITY- approved plan
entitled "CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT, WATER &
SEWER INTERCONNECTION WITH IRVINE RANCH WATER DISTRICT." The
parties agree that the Water Interconnection as described in such
plan was sized in accordance with CITY design criteria and IRWD
design criteria to provide a dual backup interconnection for the
projected Pelican Point development and the existing Cameo Shores
development as shown in Exhibit "A ".
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Section 3. Environmental Review. IRWD shall act as the
lead agency for the purpose of taking proceedings under the
California Environmental Quality Act with respect to the Water
Interconnection. For this purpose all work pursuant to this
Agreement shall be deemed a single project and reference will be
made to any related environmental proceedings accomplished by or
on behalf of CITY for Cameo Shores.
Section 4. CITY Criteria and Information. CITY agrees to
provide to The Irvine Company's design consultant all existing
plans for the Cameo Shores Road water main, adjacent street and
CITY utilities, water usage tables, water main maintenance
schedules and other data collected by CITY for use in preparing
the design of the Water Interconnection. CITY shall designate or
approve the preferred site for the meter vault to be constructed
within Cameo Shores Road or an adjacent right -of -way and shall
make or cause to be made any relocations of existing CITY
utilities in advance of construction of the Water
Interconnection. CITY shall designate design criteria for use by
The Irvine Company's design consultant in designing the Water
Interconnection and shall provide IRWD, The Irvine Company's
design consultant and The Irvine Company's contractor with access
to CITY facilities as necessary and as may be requested by the
respective parties. CITY shall assist The Irvine Company's
contractor in applying for and securing all CITY permits for the
work. CITY agrees that no fees shall be charged for permits
which are issued by CITY for such work.
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Section 5. Abandonment Prior to Construction. If The
Irvine Company should abandon its Pelican Point project prior to
construction, each party shall bear its own internal costs
incurred pursuant to this agreement through the date of
abandonment.
Section 6. Change Orders. IRWD shall consult with CITY in
regard to changes needed in the work as they become evident. All
such change orders must be approved by IRWD and CITY. IRWD shall
provide CITY with a copy of each approved and executed change
order.
Section 7. Use of Interconnection. Either party may use
the facilities to supply its respective service area in the event
of an emergency or a planned outage for maintenance or repair of
the supply facilities normally serving its system. The party
desiring to use the Water Interconnection shall give the other
party as much advance notice of such use of the Water
Interconnection as is practical, but at least two days' advance
notice shall be given for any such use that will result from a
planned outage, in order to afford the other party adequate
opportunity to properly adjust its system so that it will be able
to supply both the needs of its own system and the interconnected
system. Approval of the requesting party's request may be
withheld or deferred if the supplying agency cannot accommodate
the water demand from both its own system and the requesting
party's system at the requested time of a planned outage. The
supplying party will make all reasonable effort to provide the
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requested supply through the Water Interconnection in the event
of an emergency outage affecting the requesting party. The
foregoing notwithstanding, neither party guarantees that at a
given time, any specified water flow, quantity, quality or
pressure will be available to be taken through the Water
Interconnection, and neither party will be responsible to the
other for outages, fluctuations in or losses of pressure or any
other condition which may cause the other party to be unable to
obtain its desired flow or pressure through the Water
Interconnection.
Section 8. Measurement and Billing. A two -way reading
meter shall be installed as part of the Water Interconnection to
measure water flowing through the Water Interconnection in 100
cubic foot units. Such meter shall be read before and after each
use of the water Interconnection and the party supplying water
through the Water Interconnection shall bill the party using such
water within the next billing cycle of the supplying party. The
rate for water supplied through the Water Interconnection by
either party shall be the highest rate for potable water service
to a public authority adopted and published by IRWD or CITY,
whichever is higher, in effect at the time of use. Any bill for
water used hereunder shall be payable upon receipt by the party
using such water and shall be due within the time period stated
on the billing party's invoice.
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Section 9. Indemnification.
1i
Neither IRWD nor CITY nor any
officer or employee thereof shall be responsible for any loss,
damage or injury of any kind or character to any person or
property arising out of anything done or omitted to be done by
the other under or in connection with any work or obligation
performed under this Agreement. It is also agreed that pursuant
to Government Code Section 895.4, IRWD and CITY shall each be
fully indemnified and held harmless by the other from any
liability imposed for injury (as defined in Government Code
Section 810.8) occurring by reason of anything done or omitted to
be done by the other under or in connection with any work or
obligation performed under this Agreement.
Section 10. Contractor's Insurance. IRWD shall require or
cause the construction contractor for the Water Interconnection
to be required to maintain policies of public liability insurance
for personal injury and property damage, including motor vehicle
operators, during all times of the contract in amounts
satisfactory to IRWD and CITY and in a form satisfactory to
IRWD's Legal Counsel and CITY's City Attorney. Said policies of
public liability insurance shall name the CITY, its officers,
agents and employees as additional insureds thereon.
Section 11. Notice. Any notice or other document and all
billings and payments required or permitted to be given by either
party hereto to the other party shall be deemed received upon
delivery in person to the recipient or upon deposit in the United
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States mail in the State of California, with postage prepaid, and
addressed to the party for whom intended at the following
address:
to CITY: City of Newport Beach
Utilities Department
330 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92659 -1768
to IRWD: Irvine Ranch Water District
18802 Bardeen Avenue
P.O. Box D -I
Irvine, CA 92716
Section 12. Entire Agreement. This Agreement supersedes
any and all other agreements either oral or in writing, between
the parties hereto with respect to the Water Interconnection and
contains all of the covenants and agreements made between the
parties with respect to that matter in any manner whatsoever.
Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein, and that no
other prior agreement, statement or promise regarding this
subject which is not contained in this Agreement shall be valid
or binding on either party.
Section 13. Partial Invalidity. If any provision in this
Agreement is held by a court of law, with competent jurisdiction,
to be invalid, void or unenforceable, the remaining provisions
shall nevertheless continue in full force without being impaired
or invalidated in any way.
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Section 14. Amendments. This Agreement shall not be
amended except by a written amendment executed by the parties
hereto.
IN WITNESS WHEREOF, this Agreement has been executed in
triplicate in the names of the parties by their duly authorized
officers on the date first hereinabove written.
"CITY"
CITY OF NEWPORT BEACH, a municipal
corporation
By
Phil Sansphe, Mayor
ATTEST:
"IRWD"
IRVINE CH WATER T, a
Califor i wat
BY
Ron *4d Young, Ge e 1 Ma
0
APPROVED AS TO FORM:
BOWIE, ARNESON, KADI & DIXON
Legal Counsel, IRWD
J. /Yhekler, S
JAN LS 1991
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TO: CITY COUNCIL
C
February 11, 1991
CITY COUNCIL AGENDA
ITEM NO. F--3 (Q)
(Y)
FROM: Utilities Department
SUBJECT: WATER & SEWER INTERCONNECTION AGREEMENTS
NEWPORT BEACH - IRVINE RANCH WATER DISTRICT (IRWD) 69)
RECOMMENDATIONS:
Approve Agreement(s) betweentthe City and the IRWD for
( )6
SZ �2construction, operation and funding of an emergency water
interconnection in Cameo Shores; two sewer interconnections;
one in Cameo Highlands and one in Cameo Shores and for the
reconstruction of the City's Wastewater Lift Station.
DISCUSSION:
The Irvine Ranch Water District is currently implementing
their infrastructure development plan for the Newport Downcoast Area.
Their water and sewer plans have been prepared to be compatible with the
operation of the City's water and sewer system.
In keeping with the planned compatibility, IRWD has
requested the City to approve utility interconnections. If approved, there
will be two sewer connections and one emergency water interconnection.
The requested emergency water interconnection would be
between the City's water system in Cameo Shores and IRWD's system in the
adjacent development called "Pelican Point ". The connection would be
designed to provide water flows for emergency operations and fire protection.
It will operate in both directions, dependent upon which agency has need of
emergency water supply. Water passed through the connection will be
metered and purchased by the consuming agency. The proposed size is an
8 -inch diameter connection. The piping and a meter would be installed in a
concrete vault in the parkway area on the east side of Cameo Shores Road.
The sewer interconnections would take flows through parts of
the City's existing wastewater collection system and deliver them into the
County Sanitation District's (CSDOC's) sewer trunk facility in Coast Highway.
IRWD has capacity in CSDOC's trunk sewer, but does not have a practical
means of conveying wastewater to the line without utilizing the City's
collection system.
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IRWD Water & Sewer Interco section Agreements
February 11, 1990
The City and IRWD jointly reviewed an engineering study on
the sewer line and pump station capacities. The City's sewer mains, with
one exception have excess capacity to carry wastewater flows from IRWD to
CSDOC trunk sewers in Coast Highway. The excepted sewer line, a 300 ft.
reach, would be replaced with a larger main by IRWD at no cost to the City.
The City's existing Cameo Shores Wastewater Lift Station in
Morning Canyon is not sized for additional flows. This station, installed in
the 1950's is in great need of refurbishing and upgrading. The City, as a
part of its Sewer Pump Station Improvement Program and sewer master
plan has scheduled the reconstruction of the station for this fiscal year.
IRWD via the Agreements under consideration will fund a large
portion of the cost of the lift station reconstruction in exchange for the
City's future increased cost of handling the larger sewer flows from the
"Pelican Point" and "Pelican Hill" developments. IRWD is also funding the
installation of a force main connecting the lift station to the CSDOC trunk
sewer main in Coast Highway.
The Agreement calls for the City to fund 25% of the
engineering design costs and the balance of the costs over those estimated
for IRWD to construct a new pump station to serve the "Pelican Point"
subdivision. Engineering design costs are estimated to be $98,000. The
lift station and force main construction costs are estimated at $550,000.
It is estimated that the City's share of construction costs will
approach 65% of the construction costs, dependent upon the results of the
competitive bidding process. Assuming the project's cost estimate is
accurate, the City's cost share would be approximately $382,000. This
estimated cost represents a savings to the City of $168,000 over a project
solely undertaken by Newport Beach. Funding is available from the current
budget in the "Sewer Pump Station Improvement Program ".
Staff recommends the Agreements for a cooperative project.
The project concept, Agreements and benefits to the City have been
reviewed and recommended by the Utilities Committee at its meeting on
February 4th, 1991.
Robert J. Dixo
Utilities Director
JS: sdi
Attachments: Exhibit "A": Sewer Interconnection & Funding Agreement
Exhibit "B ": Water Interconnection Agreement
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: February 22, 1991
SUBJECT: Contract No. C- 2852(B)
Description of Contract Funding and Construction of Sewer
Facilities to Serve Pelican Point and Pelican Hill
Effective date of Contract February 21, 1991
Authorized by Minute Action, approved on February 11, 1991
Contract with Irvine Ranch Water District
Address 18802 Bardeen Avenue
P.O. Box D -I
Irvine, CA 92716
Amount of Contract (See Agreement)
"W� 4�q Atle
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach /
P
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AGREEMENT BETWEEN THE IRVINE RANCH WATER DISTRICT
AND THE CITY OF NEWPORT BEACH PROVIDING FOR FUNDING
AND CONSTRUCTION OF
SEWER FACILITIES
TO SERVE PELICAN POINT AND PELICAN HILL
This Agreement is made and entered into to be effective this
day of
,lZk 1 L , 199 , by and between the
City of Newport Beach, a municilaal corporation ( "CITY ") and the
Irvine Ranch Water District, a California Water District formed
and existing pursuant to the California Water District Law,
California Water Code Sections 34000 et seq. ("IRWD").
R E C I T A L S
WHEREAS, IRWD provides wastewater collection, transmission,
treatment and disposal service to the area within its boundaries
including (i) property known as "Pelican Point" depicted
generally on Exhibit "A" attached hereto and incorporated herein
by this reference, which is presently proposed for development by
The Irvine Company in the manner shown in Exhibit "A" and (ii)
property known as "Pelican Hill" (including restrooms in the
adjacent golf course) depicted generally on Exhibit "B" attached
hereto and incorporated herein by this reference, which is
presently proposed for development by The Irvine Company in the
manner shown in Exhibit "B "; and
WHEREAS, among other facilities, a sewage lift station and a
force main will be required to provide sewer service to Pelican
Point; and
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WHEREAS, Pelican Point is located adjacent to property known
as "Cameo Shores ", which is within the sewer service area of
CITY; and
WHEREAS, CITY plans to overhaul and upgrade a sewage lift
station that presently provides service to Cameo Shores, and the
parties would mutually benefit from expanding the capacity of
such upgraded lift station in conjunction with the reconstruction
in order to obtain a facility sufficiently sized to serve both
Cameo Shores and Pelican Point on a shared construction cost
basis; and
WHEREAS, based on the above - described shared lift station
proposal, local wastewater collection service would be provided
by IRWD for Pelican Point. The wastewater collected from Pelican
Point would then be delivered through connections to CITY's
existing gravity collector mains in Cameo Shores to the
reconstructed Cameo Shores lift station. Such wastewater would
be delivered by means of the lift station through a new force
main to a trunk sewer known as Bayside Drive Trunk Sewer, in
which IRWD owns capacity for delivery of wastewater to the
facilities of County Sanitation District No. 5 for treatment and
disposal; and
WHEREAS, IRWD has entered into a separate agreement with The
Irvine Company, pursuant to which The Irvine Company will provide
funding or reimbursement to IRWD for a portion of the cost of
IRWD's participation in the upgraded lift station and force main,
which portion will reflect the estimated amount of the costs
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avoided by The Irvine Company as a result of not having to
construct a separate lift station and force main to serve Pelican
Point; and
WHEREAS, the balance of the cost to design and construct the
upgraded lift station and force main (the total cost minus the
avoided cost described in the preceding recital), less an amount
to be allocated to IRWD representing the present value of the
future operation and maintenance costs that would otherwise be
attributable to IRWD's flows handled by such facilities, will be
borne by CITY; and
WHEREAS, among other facilities, various gravity sewer mains
and a sewage lift station will be required to provide sewer
service to Pelican Hill; and
WHEREAS, Pelican Hill is located at higher elevations
upstream of the property known as "Cameo Highlands ", which is
within the sewer service area of CITY and is served by various
gravity sewer mains and a sewage lift station owned and operated
by CITY; and
WHEREAS, in further consideration of the upgrading of the
Cameo Shores lift station as described above, CITY is willing to
permit IRWD to utilize the Cameo Highlands gravity mains for
delivery of wastewater from Pelican Hill to the capacity of IRWD
in the Bayside Drive Trunk Sewer of County Sanitation District
No. 5 at a point of intercept approximately 900 feet westerly of
the intersection of Cameo Highlands Drive and Pacific Coast
Highway; and
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WHEREAS, The Irvine Company will construct and dedicate to
CITY the gravity sewer main and modifications to existing gravity
mains serving Cameo Highlands needed to connect Pelican Hill's
in -tract sewer system to the gravity mains serving Cameo
Highlands.
NOW THEREFORE, CITY and IRWD, for mutually valuable
consideration, receipt of which is hereby acknowledged, hereby
agree as follows:
I. PELICAN POINT
Section 1. Construction of Lift Station and Force Main.
IRWD shall cause to be designed and constructed (i) a gravity
sewer main to deliver wastewater from Pelican Point to the
existing gravity sewer in Cameo Shores (the "Pelican Point
Gravity Sewer ") (ii) the reconstructed lift station and (iii) new
force main facilities (collectively, the "Facilities ") as
generally depicted on Exhibit "C" attached hereto and
incorporated herein by this reference. Upon acceptance of the
Facilities by :IRWD and CITY following completion of construction
thereof, IRWD shall transfer or cause to be transferred to CITY
those portions of the Facilities located within CITY, free and
clear of any interest or encumbrance of IRWD, but IRWD shall have
capacity and connection rights for the 57 dwelling units within
and to the transferred portions of the Facilities for purposes of
delivering wastewater collected within Pelican Point to the
Bayside Drive Trunk Sewer. CITY shall thereupon assume all
maintenance and operational responsibilities for the portions of
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the Facilities accepted by CITY, except those maintenance
responsibilities covered within the guaranty by the installing
contractor. IRWD shall cause the contract to provide that the
contractor guarantees the Facilities for a period of one (1) year
after acceptance and that such guaranty may be assigned to CITY
for such portion of the Facilities transferred to CITY.
Section 2. Details of Facilities. The parties agree that
the Facilities will be sized in accordance with CITY design
criteria to provide service for the existing Cameo Shores
wastewater flows and the Pelican Point wastewater flows projected
on the basis of the proposed development shown in Exhibit "A ".
Section 3. Environmental Review. IRWD shall act as the
lead agency for the purpose of taking proceedings under the
California Environmental Quality Act with respect to the
Facilities. For this purpose, all work pursuant to this
Agreement shall be deemed a single project. Such proceedings
will refer to County Sanitation District No. 5's master plan and
Environmental Impact Report, any related environmental
proceedings accomplished by or on behalf of The Irvine Company
and CITY's CEQA proceedings with respect to Cameo Shores.
Section 4. CITY Criteria and Information. CITY agrees to
provide to IRWD's design consultant all existing plans for the
Cameo Shores lift station, existing site survey data, existing
plans of adjacent streets and CITY utilities, sewer system
reports, water usage tables, maintenance schedules and other data
collected by CITY for use in preparing the design of the
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reconstructed lift station. CITY shall also designate design
criteria for use by IRWD's design consultant in designing the
reconstructed lift station and force main, and shall provide
access to CITY facilities including the lift station site as
necessary and as may be requested by the respective parties.
CITY shall apply for and secure all permits for the work, except
for CITY street encroachment permits, which shall be secured from
CITY by or on behalf of IRWD. CITY agrees that no fees shall be
charged for permits which are issued by CITY.
Section 5. Cost Estimate; Consent Required. The
preliminary estimate of the construction cost of the Facilities
as described in Exhibit "C" is Five Hundred Thousand Dollars
($500,000.00). In the event the lowest responsible bid received
by IRWD for the construction of the Facilities exceeds the amount
of Five Hundred Fifty Thousand Dollars ($550,000.00), IRWD shall
obtain the prior written consent of CITY prior to awarding the
contract and binding CITY under this Agreement.
Section 6. Cost Allocation.
(a) Costs to be Advanced. Subject to requests to CITY for
funds and final allocation as provided in (b) and (c) below, IRWD
shall cause the construction by The Irvine Company of the Pelican
Point Gravity Sewer and shall advance or cause to be advanced the
funds necessary for design and construction of the other portions
of the Facilities.
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(b) IRWD shall be entitled to request funds from CITY in
such amounts and at such times as are reasonably necessary to
insure that IRWD will not have to advance its own funds to cover
costs in excess of the Avoided Cost Percentage of any progress
payments as they come due. IRWD will present each such request
for funds to CITY by written invoice which invoice will be due
and payable within thirty (30) calendar days following
presentation thereof to CITY.
(c) Allocation After Completion. The Total Construction
Costs shall be allocated between IRWD and CITY as follows: IRWD
shall pay an amount thereof equal to the Avoided Costs and the
IRWD O &M Payment, and CITY shall pay the balance of the Total
Construction Costs and Design Costs less any amounts previously
paid by CITY to IRWD and applied thereto pursuant to (b) above.
"Total Construction Costs" shall mean actual costs of IRWD's
engineering and overhead, construction, and those change orders
included in the Total Construction Costs pursuant to Section 8,
related to the reconstructed lift station and new force main.
The costs of CITY's engineering, overhead and fees for permits
from other agencies shall be borne by CITY and shall not be
considered to be included within "Total Construction Costs." The
costs related to the Pelican Point Gravity Sewer are not included
in "Total Construction Costs."
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"Avoided Costs" shall mean the Total Construction Costs,
multiplied by a percentage, such percentage being equal to the
estimated cost which would have been incurred to construct a
separate lift station and force main for Pelican Point (as
determined by the same professional engineering consultant who
designs the reconstructed lift station, said estimated cost to be
based upon identical design criteria and standards) divided by
the actual low bid amount for the reconstructed lift station and
new force main (the "Avoided Cost Percentage "), plus seventy -five
percent (75 %) of the Design Costs. IRWD will compute the Avoided
Cost Percentage upon the opening of bids and verification of low
bidder for the reconstructed lift station and new force main, and
will notify CITY of the percentage so computed.
"Design Costs" shall mean amounts paid by IRWD to
consultants for engineering design of the reconstructed lift
station and force main.
"IRWD O &M Payment" shall be a lump sum amount which reflects
compensation to CITY for the present value of the future cost of
operation and maintenance attributable to the Pelican Point flows
to be handled by the Facilities. Such amount is agreed to be
$55,000.00, due and payable at the time of furnishing the
accounting to CITY pursuant to (d) below.
(d) Accounting and Payment. Within thirty (30) days
following the transfer of the CITY portion of the Facilities to
CITY, IRWD shall prepare an accounting of the Total Construction
Costs, Avoided Costs, and the IRWD O &M Payment and the
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apportionment thereof and shall furnish a copy thereof to CITY.
At the time of furnishing the accounting to CITY, IRWD shall pay
to CITY the IRWD O &M Payment. Within thirty (30) days of the
receipt of such final accounting from IRWD, CITY shall remit
payment to IRWD for its share of the Total Construction Costs as
allocated pursuant to (c) above.
Section 7. Abandonment Prior to Award. If, pursuant to
Section 5, CITY should find it necessary to abandon the project
for the reconstructed lift station and force main prior to award
of a contract therefor by IRWD, each party shall bear its own
internal costs through the date of abandonment. Twenty -five
percent (25 %) of any professional consultant fees expended by
IRWD in good faith shall be recoverable from CITY by IRWD upon
due notice and presentation of an official IRWD invoice to CITY.
If the reconstructed lift station and force main project is
abandoned, CITY agrees to cooperate with IRWD by processing
without unreasonable delay all permits necessary for the use of
CITY's rights -of -way for installation of a force main to serve
Pelican Point.
Section 8. Change Orders. The Total Construction Costs
shall include the cost of change orders (extra work) approved by
both IRWD and CITY. The cost of change orders (extra work)
issued by IRWD and not approved by CITY shall be borne by IRWD.
Each party agrees not to unreasonably withhold approval of change
orders requested by the other. Any change order resulting from
the special request of one party for a project modification or
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•
addition shall be allocated entirely to the requesting party
unless the parties otherwise agree. IRWD shall provide CITY with
a copy of each approved and executed change order.
II. PELICAN HILL
Section 9. Gravitv Sewer Mains. IRWD shall cause to be
designed and constructed by TIC a gravity sewer main (the
"Gravity Main ") and modifications to the existing Cameo Highlands
gravity mains (the "Modifications ") as generally depicted on
Exhibit "B ". Upon acceptance of the Gravity Main and
Modifications by CITY, IRWD shall have capacity and connection
rights within and to the Gravity Main and Cameo Highlands gravity
system for up to 215 dwelling unit connections for the purpose of
delivering wastewater collected within Pelican Hill through the
Cameo Highlands gravity system to IRWD's capacity in the Bayside
Drive Trunk Sewer. CITY shall thereupon assume all maintenance
and operational responsibilities for the Gravity Main and the
Modifications, except those maintenance responsibilities covered
within the guaranty by the installing contractor. IRWD shall
cause the contract for installation of the Gravity Main and
Modifications provide that the contractor guarantees the Gravity
Main and Modifications for a period of one (1) year after
acceptance and that such guaranty may be assigned to CITY.
Section 10. Details of Gravity Main and Modifications. The
locations, diameters and other descriptive information concerning
the Gravity Main and Modifications are set forth in a CITY-
approved plan entitled "CITY OF NEWPORT BEACH PUBLIC WORKS
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DEPARTMENT, WATER & SEWER INTERCONNECTION WITH IRVINE RANCH WATER
DISTRICT." The parties agree that the Gravity Main and
Modifications as described in such plan were sized in accordance
with CITY design criteria to provide service for the Pelican Hill
wastewater flows, projected to be 0.034 mgd (average) from 215
dwelling unit connections in the proposed development shown in
Exhibit "B ", and the existing Cameo Highlands wastewater flows.
III. GENERAL
Section 11. Indemnification. Neither IRWD nor CITY nor any
officer or employee thereof shall be responsible for any loss,
damage or injury of any kind or character to any person or
property arising out of anything done or omitted to be done by
the other under or in connection with any work or obligation
performed under this agreement. It is also agreed that pursuant
to Government Code Section 895.4, IRWD and CITY shall each be
fully indemnified and held harmless by the other from any
liability imposed for injury (as defined in Government Code
Section 810.8) occurring by reason of anything done or omitted to
be done by the other under or in connection with any work or
obligation performed under this Agreement.
Section 12. Connection Fees. The parties agree that
notwithstanding the fact that portions of the Facilities, Gravity
Main and Modifications shall be owned and operated by CITY, such
facilities shall be considered jointly funded and constructed by
CITY and IRWD in proportion to their respective needs, and in
recognition of such fact neither IRWD nor The Irvine Company
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shall be required to pay individual sewer connection charges to
CITY so long as the developments in Pelican Point and Pelican
Hill do not exceed the respective densities nor number of
dwelling unit connections specified herein and as shown in the
plans for development attached hereto as Exhibits "A" and "B"
which have been used to size IRWD's participation in such
facilities. In the event that the projected development within
Pelican Point described in Exhibit "A" or Pelican Hill as
described in Exhibit "B" is enlarged to a greater density or
higher number of dwelling unit connections, IRWD shall cause the
Facilities or Gravity Main and Modifications to be up -sized as
appropriate, and CITY may in addition charge connection fees at
its then applicable rate for the excess amount of residential
units and /or square footage, if any, of commercial facilities.
Section 13
User Fees. The IRWD O &M Payment to offset
future operation and maintenance costs shall be in lieu of and
shall eliminate the right of CITY to charge user fees for
operation and maintenance of the Facilities or the Gravity Main
or Modifications or for flows delivered from Pelican Point and
Pelican Hill.
Section 14. Contractor's Insurance. IRWD shall require the
construction contractor for the Facilities, the Gravity Main and
Modifications to maintain policies of public liability insurance
for personal injury and property damage, including motor vehicle
operators, during all times of the contract in amounts
satisfactory to IRWD and CITY and in a form satisfactory to
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• •
IRWD's Legal Counsel and CITY's City Attorney. Said policies of
public liability insurance shall name the CITY, its officers,
agents and employees as additional insureds thereon.
Section 15. Notice. Any notice or other document and all
billings and payments required or permitted to be given by either
party hereto to the other party shall be deemed received upon
delivery in person to the recipient or upon deposit in the United
States mail in the State of California, with postage prepaid, and
addressed to the party for whom intended at the following
address:
to CITY: City of Newport Beach
Utilities Department
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92659 -1768
to IRWD: Irvine Ranch Water District
18802 Bardeen Avenue
P.O. Box D -I
Irvine, CA 92716
Section 16. Entire Agreement. This Agreement supersedes
any and all other agreements either oral or in writing, between
the parties hereto with respect to providing sewer service for
Pelican Point and Pelican Hill and contains all of the covenants
and agreements made between the parties with respect to that
matter in any manner whatsoever. Each party to this Agreement
acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied
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JCA /3617
01/24/91
herein, and that no other prior agreement, statement or promise
regarding this subject which is not contained in this Agreement
shall be valid or binding on either party.
Section 17. Partial Invalidity. If any provision in this
Agreement is held by a court of law, with competent jurisdiction,
to be invalid, void or unenforceable, the remaining provisions
shall nevertheless continue in full force without being impaired
or invalidated in any way.
Section 18. Amendments. This Agreement shall not be
amended except by a written amendment executed by the parties
hereto.
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IN WITNESS WHEREOF, this Agreement has been executed in
triplicate in the names of the parties by their duly authorized
officers on the date first herinabove written.
"CITY"
CITY OF NEWPORT BEACH, a municipal
corporation
By s A -
Phil Sanso , Mayor
ATTEST:
By
AS TO FORM:
L0
APPROVED AS TO FORM:
BOWIE, ARNESON, KADI & DIXON
Legal Counsel, IRWD
B}
"IRWD"
IRVINE C WATER DISTRICT, a
Califor is at®r.distri &t
-15-
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01/24/91
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