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HomeMy WebLinkAboutC-3208 - Use of Capacity in Sewerage FacilitiesAgrmtetween ovine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 1 AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF NEWPORT BEACH FOR USE OF CAPACITY IN SEWERAGE FACILITIES THIS AGREEMENT is made and entered into effective this Z(' %y ofs !. , 199), by and between the City of Newport Beach, a municipal corporation (the "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 seq. ( "IRWD "). RECITALS A. The City provides wastewater collection and transmission service to the areas within its boundaries that require pumping via City -owned pump stations known as Bison and Jamboree Sewer Lift Stations and shown on Exhibits A and B, respectively. B. These two sewer lift stations pump sewage through City -owned sewer force mains into trunk sewers owned by the County Sanitation Districts of Orange County ( "CSDOC "). C. The tributary areas of these sewer lift stations (the "Bison Tributary Area' and the "Jamboree Tributary Area ") are located in Sanitation District No. 5 of CSDOC and shown in Exhibits A and B. D. IRWD provides wastewater collection, transmission, treatment and disposal service to the area adjacent to the Bison and Jamboree Tributary Areas. E. IRWD wastewater facilities have adequate surplus capacity to receive and transport the sewage flow from the Bison and Jamboree Tributary Areas to the CSDOC Main Street Pump Station, and the use of such IRWD capacity will permit the City to abandon these stations, resulting in cost and energy savings. • Agree &chveen Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in sewerage Facilities Page 2 F. The use of IRWD wastewater facilities to service the Bison and Jamboree Tributary Areas is financially beneficial to both the City and IRWD. G. IRWD is willing to accept the City's sewage flow from the Bison and Jamboree Tributary Areas, and the City is willing to pay its fair share of the capital and operation and maintenance costs of the capacities in those portions of IRWD's wastewater facilities necessary to collect and transport the flow from the Bison and Jamboree Tributary Areas to the CSDOC Main Street Pump Station. NOW, THEREFORE, for and in consideration of the covenants contained herein, performed and to be performed, the parties hereto agree as follows: 1. CAPACITY IN SEWER FACILITIES a. IRWD hereby assigns to the City capacity in IRWD sewer facilities necessary to collect and transport the flow from the Bison and Jamboree Tributary Areas to the CSDOC Main Street Pump Station for disposal by CSDOC. b. The assignment of such capacity to the City is subject to the execution by IRWD and Sanitation District Nos. 5 and 14 of CSDOC of an accommodation agreement providing for Sanitation District No. 14 to have deducted from its flows through the Main Street Pump Station (on which its operating and capital costs are calculated by CSDOC) the amount of the discharge attributable to Sanitation District No. 5 from the Bison and Jamboree Tributary Areas. 2. CONTRIBUTION TO COSTS a. The City agrees to pay to IRWD, not less than 30 days prior to beginning sewer discharge from the Bison and Jamboree Tributary Areas into IRWD sewer facilities, a one -time capital buy -in cost of $311,000 for Bison Tributary Area flows and $58,000 for Jamboree Tributary Area flows. b. The City agrees to pay to IRWD an annual payment for operation and maintenance costs and amortized replacement (depreciation) or capital improvement of the capacities used for the flows from the Bison and Jamboree AgrebBetween Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 3 Tributary Areas. The annual payments shall be due and payable in arrears upon the first anniversary of the commencement of sewer discharge from the Bison and Jamboree Tributary Areas into IRWD sewer facilities and on each subsequent anniversary of such date. The annual payment shall be $12,700 for Bison Tributary Area flows and $2,400 for Jamboree Tributary Area flows. In lieu of the annual payments, the City may elect to pay a one -time lump sum, due and payable on the first anniversary of the commencement of sewer discharge from the Bison and Jamboree Tributary Areas into IRWD sewer facilities, in the amount of $198,000 for Bison Tributary Area flows and $37,000 for Jamboree Tributary Area flows. C. The amount of the one -time lump sum and the annual payment for operation, maintenance and replacement were calculated based on the ratio between sewer flows of the City and IRWD in the required facilities, as shown in Exhibits C and D. d. The City agrees to construct, at the City's expense, the necessary gravity sewer mains to connect IRWD's wastewater collection system to the City's gravity sewer mains serving the Bison and Jamboree Tributary Areas at a mutually agreeable location. e. The City agrees to pay all costs for improvements needed to maintain sufficient flow capacity in the existing sewer from the Bison Sewer Lift Station to the connection of such sewer with the 8 -inch sewer in La Felicidad and Camelback. The City and IRWD agree to share all costs for improvements needed to maintain sufficient flow capacity in the existing sewer between La Felicidad and Camelback and the 24 -inch South Irvine Sewer at the end of La Salad. Such cost sharing shall be based on the ratio between the increased flows of the City and IRWD in these sewers. Flow capacity will be deemed to be sufficient if the measured ratio of depth of peak flow to the diameter of each reach of sewer is less than or equal to 0.75. Agree*]Between Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 4 f. The City agrees to abandon, and to pay all costs connected with abandonment of, the Bison and Jamboree Sewer Lift Stations. g. Subject to paragraph b, above, IRWD agrees to pay all costs associated with design and construction of the upgrades and replacement of IRWD sewer facilities necessary to collect and transport the flow from the Bison and Jamboree Tributary Areas to CSDOC's Main Street Pump Station in a manner that provides a level of service that meets industry standards. 3. MAINTENANCE RESPONSIBILITY IRWD and the City agree that each party is responsible for the maintenance, repair and replacement of sewer facilities owned by such party. 4. INDEMNIFICATION Neither IRWD nor the 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 the City shall each be fully indemnified and held harmless by the other from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the other or any officer or employee thereof under or in connection with any work or obligation performed under this Agreement. 5. CONNECTION FEES The parties agree that notwithstanding the fact that IRWD facilities used to serve the Bison and Jamboree Tributary Areas shall be owned and operated by IRWD, such facilities shall be considered jointly funded by the City and IRWD in proportion to their respective needs, and in recognition of such consideration the City shall not be required to pay individual sewer connection charges to IRWD so long as the Bison and Jamboree Tributary Areas identified in Exhibits A and B are not increased. In the event that either the Bison Tributary Area or the Jamboree Tributary Area is increased, then IRWD may • AgreemBetween Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 5 charge the City a proportionate buy -in and annual or lump sum cost computed in the same manner as the amounts set forth in Section 2. 6. USER FEES The City's contributions under Section 2b hereof shall be in lieu of and shall eliminate the right of IRWD to charge user fees for operation and maintenance of IRWD facilities used to serve the Bison and Jamboree Tributary Areas. 7. SELF - REGENERATIVE WATER SOFTENERS Reclaimed water produced by IRWD's water reclamation plant is used extensively in the Irvine Subbasin which has been determined to have no assimilative capacity for sodium, hardness, chloride and total dissolved solids. In order to meet Irvine Subbasin standards established by the Regional Water Quality Control Board, Santa Ana Region, for reclaimed water, IRWD adopted a regulation prohibiting the use and discharge of spent brine from self - regenerative water softeners into its sewer system. To the extent authorized by law, the City agrees to take appropriate actions to prohibit self - regenerative water softeners within the areas of the City tributary to IRWD's wastewater collection system, at such time as legal authority is established for such prohibitions, and to use its powers to enforce such prohibition. AgreSetween Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 6 8. 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 the City: City of Newport Beach Public Works Department - Utilities 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 To IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue P.O. Box 57000 Irvine, CA 92619 -7000 Attention: General Manager 9. 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 the Bison and Jamboree Tributary Areas 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 upon either party. 10. 11 • AvAtcmeen hvine Ranch Water District and the City of Ne Wn Beach for Use of Capacity in Sewerage Facilities Page 7 PARTIAL INVALIDITY If any provision of 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. AMENDMENTS; TERMINATION This Agreement shall not be amended or terminated except by a written agreement executed by the parties hereto. Approved as to form: By: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH a Municipal Co oration By: Mayor Approved as to form: Bowie, Arneson, Kadi, Wiles & Giannone • AgmeoBetween Irvine Ranch Water District and Wa City of Newport Beach for Use of Capacity in Sewerage Facilities Page 8 IRVINE RANCH WATER DISTRICT jca/ 402481121799 a California Lm district L s ie Flessel Secretary ��W/ MW n ��1P �p�DYN 1 PEKE 5rREE7 �a V /�1\ cKORNEr n BISON AVENUE SEWER PUMP STATION & COLLECTOR SYSTEM CITY SEWER SEWER F. MAIN t,a;0 BISON PUMP STATION TRIBUTARY ® PACIFIC BAY DEVELOPMENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DRAWN: ACASTANON DATE: $EPfEMBER 4.IW U JAMBOREE PUMP PUMP STATION w�sys: 4r,QY MV'R. , ygLF L NOT TO SCALE �W"'• . y �.,, CITY SEWER v� SEWER F. MAIN JAMBOREE PUMP STATION TRIBUTARY 0�Y - - - • NEW GRAVITY SEWER MAIN t TO IRWO CAME AC� *f 1 R 31 b"Yi+y* F N wi m L, sr "g''xF"TO" ' ' hYn ?ifi 6'SEWER CHESTNUT ypq W ESMN ? PLACE �RF � `� ~ PLACE ti0v ) 81SON AVENUE JAMBOREE ROAD CITY OF NEWPORT BEACH SEWER PUMP STATION PUBUC WORKS DEPARTMENT & COLLECTOR SYSTEM DPAWN: ACASTANON DAIS: SEPTEMBER 4. M7 r- 0 /N W Y N T d 3 d Q d L w C N T W U rvov ^�c„�N�a� y R U o U d o Cy W e m m m m m m m N d N m .Y q N CNI t7 _ N 0 } a L d J � o:� mm °moommumi�O1ry C m O m N N N^ P n > i ^ o m m� wwwww 0 d 0-;O o .ms ode e E�d•o s = vL�Qae7�,Ng000 Y V Q P e O O ry N m m ma FL ° d 0 d E c d OE�n o ai »m. em em em. Ecma v._ o m m m m m m'8i `Simmm o J a r p U^ m N'NU m nme .-nm n U o m y N N w w w w w ww M w I n'd dda d d o y n M o 0 E U�c°i Prim e P y aoa 5c S E v m b = V v nn � vi u G > J o v im °m `u .c .cm rirvn ry m t ? 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O'c Z i 6ai mm, .D.O �UUU�b�y m• 3. S.W ° Al o B J' m�G y Uo 8.9 p U p? m± 200 3 C S 3 m,y m UU:a q fr p.gqy_3:. o E A Zn39 O U G zo y J U U Ra qm "N fr� ,gqU s 5: m o L L a 6 d r to n M� nnW I�rl m N a r- 0 0 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SEWER USE AGREEMENT WITH IRWD RECOMMENDATION: • January 12, 1998 CITY COUNCIL AGENDA ITEM NO. 8 GY THE CrF' COuNe -iL CITY OF NEWPCc BEACH JAN 1 2 It is recommended that the City Council approve a sewer service agreement with IRWD to allow the City to abandon the Jamboree Road and the Bison Avenue wastewater pump stations and to provide for IRWD to accept the wastewater from the areas tributary to these two pump stations. BACKGROUND: During the initial planning efforts for the preparation of the Master Plan of Sewers in 1994, the Ford /Loral developer, Pacific Bay Homes, requested that portions of their new tract be served by the existing Bison Avenue Wastewater Pump Station. This station was originally constructed in the late 1970's for the Belcourt development. It was sized only to handle Belcourt flows and did not have sufficient capacity to serve an additional 300 homes from the Ford tract. The Ford /Loral development plan was modified to drain only 200 homes to the Bison Pump Station. Even with the 100 home reduction, it was still too much flow for the existing station to handle. A significant reconstruction effort would be required if the station was to accept the flow. Staff, along with the assistance of the developer (Pacific Bay Homes), determined that the cost would be between $300,000 and $400,000 to upgrade the station, not to mention the impacts to the Belcourt community during the reconstruction efforts. The existing station is located at the Belcourt main entrance from Bison Avenue. See the attached map for the location of all of the City's wastewater pump stations including Bison Avenue Pump Station No. 23. Another pump station that is a candidate for abandonment is the Jamboree Road Wastewater Pump Station (Station No. 19 on attached map) just southerly of Eastbluff Drive /University Drive. The station has settled slightly down the side of a hill. The piping that enters and leaves the station has cracked requiring repair clamps to be installed. If the station settles any further, major piping improvements will be required. In addition, the control panel is outdated and the pumps are in need of replacement. This pump station serves the northerly half of the Eastbluff tracts. The areas served by both of these pump stations are above and adjacent to an area served by the Irvine Ranch Water District (IRWD). A gravity sewer line can be constructed from each of the two City pump stations to the IRWD sewer system, thereafter, the City's pump stations can be abandoned. SUBJECT: SEWER USE OEEMENT WITH IRWD • January 12, 1998 Page 2 Discussions began with IRWD in 1994 regarding the abandonment of these two stations and connection of the existing City sewer mains to IRWD's mains. IRWD currently serves the Bayview, Baypointe and Newport North developments which are within IRWD's service district. The Bison and Jamboree service areas abut the above mentioned developments. The City's use of the IRWD sewer system will allow the abandonment of Bison Avenue and Jamboree Road stations. DISCUSSION: City staff has met several times over the last few months with IRWD staff to finalize the City's contribution costs, and the language of the agreement. The purpose of this agreement is to allow the City to abandon the Bison and Jamboree sewer pump stations. The abandonment of these two stations is financially beneficial to the City, which is described in greater detail later in this report. A copy of the final draft agreement is attached for the City Council's review. The key components of the agreement are listed below. • Contribution Costs • Bison Sewer Pump Station - The City pays a $311,000 one -time buy -in payment and either an annual Operations and Maintenance (O &M) /Capital replacement payment of $12,900 or one -time lump sum payment of $198,000. • Jamboree Sewer Pump Station - The City pays a $58,800 one -time buy -in payment and either an annual O &M /Capital replacement payment of $2,400 or one time lump sum payment of $37,000. • Connection Fees No connection fees will be paid to IRWD on future connections within the Bison and Jamboree tributary areas. • User Fees IRWD will not receive any user fees for O &M expenses. City will continue to collect sewer charges according to the City's sewer rates to repay City's payment of lump sum capital and O &M expenses. • Self- regenerative water softeners City agrees to take appropriate action to prohibit self- regenerative water softeners within the tributary areas in the City that drain into IRWD's sewer system. This requirement is only necessary if the City has legal authority to ban self- regenerative water softeners. Pacific Bay Development has provided a ban on self- regenerative type water softeners in their CC &R's. This type of water softener degrades water quality by increasing the total dissolved solids (TDS) level in the reclaimed water system to near maximum levels established by the Regional Water Quality Control Board. Based on the above contribution costs by the City, the life time savings to abandon Bison and Jamboree pump stations would be $156,744 and $569,223, respectfully. These figures are . computed from the attached cost comparison sheets showing total present worth of using SUBJECT: SEWER US *REEMENT WITH IRWD . January 12, 1998 Page 3 IRWD's system versus maintaining the pump stations in the City's system. The $156,744 savings for Bison does not include the estimated contribution costs by Pacific Bay Homes as cost avoidance to upgrade the Bison station to accept increase flows from their development. In staff's negotiations, Pacific Bay Homes agreed to contribute $394,000 for the cost of the Bison Station abandonment. Pacific Bay Homes advanced these funds on December 19, 1997, contingent on City Council approval. The total up -front costs by the City to abandon both stations would be $469,000 ($369,000 buy - in to IRWD and $100,000 for new Jamboree gravity main). Funding for the station abandonment would be as follows: Pacific Bay Homes City (Sewer Funds) $394,000 $75,000 Total $469,000 The agreement allows up to one year before the City has to determine whether to make a lump sum payment or annual payments for O &M /Capital replacement costs. The one time O &M /Capital replacement payment of $198,000 for Bison and $37,000 for Jamboree could be included in the FY 1998 -99 budget. The basis for the buy -in figures is shown on the attached spreadsheets for each of the stations. The Public Works Committee reviewed the sewer use agreement on September 22, 1997 and recommended that the agreement be forward to the City Council for approval. 10 Re sp W PU RKS DEPARTMENT DON WEBB, DIRECTOR by:ELc /- U R-- Eldon G. Davidson, P.E. Utilities Manager by: ichael J. Sinacori, P.E. tilities Engineer Attachments: Location map of City wastewater pump station Sewer Use Agreement Cost Comparison sheets of City owned operations vs. using IRWD sewer system Buy -in Computation Spreadsheet. F:\ GROUPS \PUBWORKS \COUNCIL \98WAN -12 \I RWD.DOC Agree, 0cpecen Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 1 AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF NEWPORT BEACH FOR USE OF CAPACITY IN SEWERAGE FACILITIES THIS AGREEMENT is made and entered into effective this day of 1997, by and between the City of Newport Beach, a municipal corporation (the "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 seq. ( "IRWD "). RECITALS A. The City provides wastewater collection and transmission service to the areas within its 9" C. Q E. boundaries that require pumping via City -owned pump stations known as Bison and Jamboree Sewer Lift Stations and shown on Exhibits A and B, respectively. These two sewer lift stations pump sewage through City -owned sewer force mains into trunk sewers owned by the County Sanitation Districts of Orange County ( "CSDOC "). The tributary areas of these sewer lift stations (the "Bison Tributary Area" and the "Jamboree Tributary Area ") are located in Sanitation District No. 5 of CSDOC and shown in Exhibits A and B. IRWD provides wastewater collection, transmission, treatment and disposal service to the area adjacent to the Bison and Jamboree Tributary Areas. IRWD wastewater facilities have adequate surplus capacity to receive and transport the sewage flow from the Bison and Jamboree Tributary Areas to the CSDOC Main Street Pump Station, and the use of such IRWD capacity will permit the City to abandon these stations, resulting in cost and energy savings. 0 . Aglet Between Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 2 F. The use of IRWD wastewater facilities to service the Bison and Jamboree Tributary Areas is financially beneficial to both the City and IRWD. G. IRWD is willing to accept the City's sewage flow from the Bison and Jamboree Tributary Areas, and the City is willing to pay its fair share of the capital and operation and maintenance costs of the capacities in those portions of IRWD's wastewater facilities necessary to collect and transport the flow from the Bison and Jamboree Tributary Areas to the CSDOC Main Street Pump Station. NOW, THEREFORE, for and in consideration of the covenants contained herein, performed and to be performed, the parties hereto agree as follows: 1. CAPACITY IN SEWER FACILITIES a. IRWD hereby assigns to the City capacity in IRWD sewer facilities necessary to collect and transport the flow from the Bison and Jamboree Tributary Areas to the CSDOC Main Street Pump Station for disposal by CSDOC. b. The assignment of such capacity to the City is subject to the execution by IRWD and Sanitation District Nos. 5 and 14 of CSDOC of an accommodation agreement providing for Sanitation District No. 14 to have deducted from its flows through the Main Street Pump Station (on which its operating and capital costs are calculated by CSDOC) the amount of the discharge attributable to Sanitation District No. 5 from the Bison and Jamboree Tributary Areas. 2. CONTRIBUTION TO COSTS a. The City agrees to pay to IRWD, not less than 30 days prior to beginning sewer discharge from the Bison and Jamboree Tributary Areas into IRWD sewer facilities, a one -time capital buy -in cost of $311,000 for Bison Tributary Area flows and $58,000 for Jamboree Tributary Area flows. b. The City agrees to pay to IRWD an annual payment for operation and maintenance costs and amortized replacement (depreciation) or capital improvement of the capacities used for the flows from the Bison and Jamboree • Agreer ,0etween lrvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 3 Tributary Areas. The annual payments shall be due and payable in arrears upon the first anniversary of the commencement of sewer discharge from the Bison and Jamboree Tributary Areas into IRWD sewer facilities and on each subsequent anniversary of such date. The annual payment shall be $12,700 for Bison Tributary Area flows and $2,400 for Jamboree Tributary Area flows. In lieu of the annual payments, the City may elect to pay a one -time lump sum, due and payable on the first anniversary of the commencement of sewer discharge from the Bison and Jamboree Tributary Areas into IRWD sewer facilities, in the amount of $198,000 for Bison Tributary Area flows and $37,000 for Jamboree Tributary Area flows. C. The amount of the one -time lump sum and the annual payment for operation, maintenance and replacement were calculated based on the ratio between sewer flows of the City and IRWD in the required facilities, as shown in Exhibits C and D. d. The City agrees to construct, at the City's expense, the necessary gravity sewer mains to connect IRWD's wastewater collection system to the City's gravity sewer mains serving the Bison and Jamboree Tributary Areas at a mutually agreeable location. e. The City agrees to pay all costs for improvements needed to maintain sufficient flow capacity in the existing sewer from the Bison Sewer Lift Station to the connection of such sewer with the 8 -inch sewer in La Felicidad and Camelback. The City and IRWD agree to share all costs for improvements needed to maintain sufficient flow capacity in the existing sewer between La Felicidad and Camelback and the 24 -inch South Irvine Sewer at the end of La Salud. Such cost sharing shall be based on the ratio between the increased flows of the City and IRWD in these sewers. Flow capacity will be deemed to be sufficient if the measured ratio of depth of peak flow to the diameter of each reach of sewer is less is than or equal to 0.75. • Abletl Between Irvine Ranch Water District aad the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 4 . f. The City agrees to abandon, and to pay all costs connected with abandonment of, the Bison and Jamboree Sewer Lift Stations. g. Subject to paragraph b, above, IRWD agrees to pay all costs associated with design and construction of the upgrades and replacement of IRWD sewer facilities necessary to collect and transport the flow from the Bison and Jamboree Tributary Areas to CSDOC's Main Street Pump Station in a manner that provides a level of service that meets industry standards. MAINTENANCE RESPONSIBILITY IRWD and the City agree that each party is responsible for the maintenance, repair and replacement of sewer facilities owned by such party. 4. INDEMNIFICATION Neither IRWD nor the 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 the City shall each be fully indemnified and held harmless by the other from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the other or any officer or employee thereof under or in connection with any work or obligation performed under this Agreement. 5. CONNECTION FEES The parties agree that notwithstanding the fact that IRWD facilities used to serve the Bison and Jamboree Tributary Areas shall be owned and operated by IRWD, such facilities shall be considered jointly funded by the City and IRWD in proportion to their respective needs, and in recognition of such consideration the City shall not be required to pay individual sewer connection charges to IRWD so long as the Bison and Jamboree Tributary Areas identified in Exhibits A and B are not increased. In the event that either the Bison Tributary Area or the Jamboree Tributary Area is increased, then IRWD may • Agreeiloeaween Irvine Ranch Water District and the City of Newport Beach for Use of Capacity io Sewerage Facilities Page 5 charge the City a proportionate buy -in and annual or lump sum cost computed in the • same manner as the amounts set forth in Section 2. 6. USER FEES The City's contributions under Section 2b hereof shall be in lieu of and shall eliminate the right of IRWD to charge user fees for operation and maintenance of IRWD facilities used to serve the Bison and Jamboree Tributary Areas. SELF - REGENERATIVE WATER SOFTENERS Reclaimed water produced by IRWD's water reclamation plant is used extensively in the Irvine Subbasin which has been determined to have no assimilative capacity for sodium, hardness, chloride and total dissolved solids. In order to meet Irvine Subbasin standards established by the Regional Water Quality Control Board, Santa Ana Region, for reclaimed water, IRWD adopted a regulation prohibiting the use and discharge of spent brine from self - regenerative water softeners into its sewer system. To the extent authorized by law, the City agrees to take appropriate actions to prohibit self - regenerative water softeners within the areas of the City tributary to IRWD's wastewater collection system, at such time as legal authority is established for such prohibitions, and to use its powers to enforce such prohibition. 0 • Agont Between Irvine Ranch Wale, District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 6 . 8. NOTICE Any notice or other document and all billings and payments required or permitted to be 0 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 the City: City of Newport Beach Public Works Department - Utilities 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 To IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue P.O. Box 57000 Irvine, CA 92619 -7000 Attention: General Manager 9. 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 the Bison and Jamboree Tributary Areas 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 upon either party. • Agreertetween Irvine Ranch Water District and the City of Newport Beach for Use of Capacity in Sewerage Facilities Page 7 10. PARTIAL INVALIDITY If any provision of 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. 11. AMENDMENTS; TERMINATION This Agreement shall not be amended or terminated except by a written agreement executed by the parties hereto. Approved as to form By: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH a Municipal Corporation Al Mayor S • `J u r1, u Approved as to form: Bowie, Arneson, Kadi, Wiles & Giannone C ,,.,'40243'1-'t797 • ngriet Belwxen Irvine Ranch Wa1cr District and the City of Nmporl Beach for Use of Capacity in Sewerage Facilities Page 8 IRVINE RANCH WATER DISTRICT a California water district I: IN Ronald E. Young General Manager Leslie Flessel Secretary [EKNO 94 D rbl�My'C71 ��v�Y. J��y�ry`'�Sgq� iI II t t Tr 1-11E / g t Lei K Lu � I JAMBOREE • 1. CITY Cji NEWPORT _ SEWE PUMP STATION PUBUC WORKS & COLLECTOR SYSTEM [EKNO 94 D • CD N T y CD 3 d N �O L O G N A m m Z U C� �« ScEVVgz;» w r ac a o Y n Y Y N ¢ U o U m m N Y E:� Y � Y — ..a mnN�rnrPn. -P o.. mm °m_o rye Pr c v om� N io r n mo wwwwwwwwww C 0 Y Q m g G q 0 E n N 0 = r L Q m o C tmV ° �uC - N N b N-- b i0 m n m N v N v n U O m O w H w w N N w. 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O b O O° S O O O N O° Oml �v- v°f y U U U p p p p a' m 7 U e C m O O pp pp V 0 5 0 n oU 20 e o e ° `o v q N O � e V _ f � N O N J 6 O d U a `o L 2 U m 2n `o m U � rt U o` r rm Im I X w • 0 m N1 w y U z o m N 0'o w E o` E o x O E V o a 7 d g q q ` LL.p min c U w =g`= E E ryo 0 � M , q c n u a J¢¢ q V U p LL U U > J d U ¢ ¢ .o oja fi e 5 3 n oU 20 e o e ° `o v q N O � e V _ f � N O N J 6 O d U a `o L 2 U m 2n `o m U � rt U o` r rm Im I X w • 0 m N1 CITY OF NEWPOIOBEACH BISON AVENUE PUMP STATION . COST COMPARISON Responsible IRWD Buy -in Total Annual Present Worth Total Present Agency Cost or CNB O &M and of Annual Worth Repair Replacement Payments (1) Cost (2) IRWD $311,231 $12,718 $198,000 $509,231 CNB $364,387 $20,044 $301,588 $665,975 Total Savings: $156,744 Notes: 1. The cost of construction for a new CNB facility is based upon replacement of all items except the dry well structure which is assumed to be utilized in the new design. The buy in cost to utilize the IRWD sewer system was provided by IRWD and has been depreciated to 1996. 2. The annual replacement costs for the pump stations are based upon a 40 year life for both alternatives. It was assumed that the existing forcemain would need • replacement after 70 years. CITY OF NEWPORT AACH JAMBOREE ROAD PUMP STATION COST COMPARISON Responsible IRWD Buy -in Total Annual Present Worth Total Present Agency Cost or CNB O &M and of Annual Worth Repair Replacement Payments (1) Cost (2) 1RWD $57,826 $2,383 $37,000 $94,826 CNB $450,000 $14,226 $214,049 $664,049 Total Savings: $569,223 Notes: 1. The buy -in cost for the IRWD alternative was provided by IRWD while the repair cost for the CNB alternative includes a new pump station in Jamboree Road and a new forcemain. 2. The annual replacement costs for the pump stations are based upon a 40 year fife for both alternatives. A lifetime of 70 years was assumed for the forcemain. \_J 11