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
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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
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Approved as to form:
Bowie, Arneson, Kadi,
Wiles & Giannone
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• 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:
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Ronald E. Young
General Manager
Leslie Flessel
Secretary
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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