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HomeMy WebLinkAboutORANGE, COUNTY OF (31)PROJECT: WATER CONSERVATION PROGRAM City of Santa Ana Santiago Park Automatic Irrigation System Third District URBAN PARKS PROGRAM FUNDING ASSISTANCE AGREEMENT This AGREEMENT is made and entered into this 1992, BY AND BETWEEN rfflul Agreement No. D92. 1.19 �= �J 0 3 day of THE CITY OF SANTA ANA, municipal corporation, hereinafter referred to as "CITY", THE COUNTY OF ORANGE, a subdivision of the State of California, hereinafter referred to as "COUNTY" WITNESSETH WHEREAS, CITY has coordinated, designed, prepared plans and specifications and will award a contract for construction of an automated irrigation system at the Santiago Community Park Lawn Bowling Center, hereinafter referred to as "PROJECT"'; and WHEREAS, the cost for development and construction of said PROJECT is estimated at $80,000; and WHEREAS, CITY has requested funding assistance in an amount not to exceed $40,000 to finance construction of said PROJECT; and WHEREAS, COUNTY finds that completion of PROJECT will enable CITY to potentially reduce water consumption up to twenty five percent (25%) of current usage; and WHEREAS, COUNTY has established a program, which has generally become known as the "Urban Parks Program", to budget funds annually for use _1_ Agreement No. D92-119 towards projects which remedy regional park deficiencies in urbanized areas; i and WHEREAS, COUNTY desires to participate in said PROJECT by providing funding assistance in an amount not to exceed $40,000 from Urban Parks Program funds for PROJECT development and construction costs, thereto. NOW, THEREFORE THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. PROJECT a. PROJECT shall consist solely of development, construction and inspection services for installation of an automated irrigation system with moisture sensors to control excessive use of water on and around the Santiago Community Park Lawn Bowling Center. b. PROJECT is located within the City of Santa Ana, California, and is more specifically described and illustrated in the accompanying application package and site plan entitled Exhibit "A", attached hereto and by this reference, made a part thereof. 2. PERFORMANCE CITY agrees to award contract(s) for construction of said PROJECT by January 31, 1993 and to complete PROJECT within six (6) months of the award of construction contract. The period for completion as set forth herein however, shall be extended by the period that completion is delayed by acts otherwise outside the control of CITY. 3. FINANCIAL ASSISTANCE at Funding assistance in an amount not to exceed $40,000 shall be provided by COUNTY from Harbors, Beaches and Parks funds. Funding assistance shall be used solely for PROJECT's development and construction costs, including, but not limited to, architectural design, engineering plans and specifications, contract labor, materials, machinery, BOAS Agreement No. D92-119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 supervision, exhibit master plans and/or site reports. Such costs ($40,000), shall not include any expenses for CITY's staff salaries, fund raising, on -going operations and maintenance of any facilities, equipment and supplies other administrative expenses or overhead. b. In no case shall COUNTY's obligation pursuant to this AGREEMENT exceed $40,000. Should CITY's expenditures for construction of PROJECT be less than $80,000, CITY shall, within thirty (30) days of filing Notice of Completion, refund to COUNTY a fifty percent (50%) share of the difference between such actual expenditures and $80,000, plus compound interest at the rate of six percent (6%) per year to COUNTY. Said reimbursement shall become due and payable upon submission of final accounting report by CITY in accordance with Paragraph 7. e. below. 4. ADMINISTRATION CITY shall have the sole responsibility for administering and obtaining all governmental agency approvals for said PROJECT, including, but not limited to the selection of contractors, management of contractors' work, administration of contracts for compliance with the requirements of all applicable local zoning and building codes and other regulations. 5. OPERATIONS AND MAINTENANCE CITY agrees to operate and maintain Santiago Community Park Lawn Bowling Center, or cause the operation and maintenance thereof through others, as approved by COUNTY's Director of Harbors, Beaches and Parks or his designee, for the benefit of residents countywide, for a minimum of ten (10) years from the date of completion. CITY shall not discriminate as to fees, hours of use, reservation privileges or any other use privileges based upon race, color, religion, political persuasion or residence. -3- Agreement No. D92-119 6. NOTIFICATION OF COMPLETION CITY agrees to provide COUNTY with written notification of the date of completion of said PROJECT. "Completion" or "completed" as used herein shall mean the completion of all construction required under said AGREEMENT. Notice of Completion shall be filed with COUNTY's Director of Harbors, Beaches and Parks within thirty (30) days after completion of PROJECT. 7. CITY shall: a. remain the "lead agency" for services required under this AGREEMENT, within the context of the Environmental Quality Act of 1970 as amended. b. provide staff assistance and all permits necessary for PROJECT at no cost to COUNTY. C. invoice COUNTY for an amount not to exceed $40,000, upon award of contract to accomplish PROJECT development and construction services. All invoices shall be subject to the routine processing requirements of COUNTY's Auditor -Controller. d. complete PROJECT by July 31, 1993, as evidenced by contract Notice of Completion, executed by CITY and filed with COUNTY. e. submit a final accounting report to COUNTY, with copy to EMA/financial Operations, within thirty (30) days of filing Notice of Completion as specified in Paragraph 6 above. Final accounting report shall include a reconciliation of all PROJECT expenditures including copies of paid bills and invoices. Reimbursement of funds paid by COUNTY, in excess of actual approved PROJECT expenditures, shall become due and payable at the time final accounting report is submitted. W! Agreement No. UVz-liY 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. permit COUNTY to review records relating ro PROJECT expenditures. 8. COUNTY shall: Remit funds to CITY, as specified in Paragraph 3 above, within sixty (60) days of CITY's award of contract for construction of said PROJECT, and upon receipt and approval by COUNTY's Director of Harbors, Beaches and Parks or his designee, of CITY's invoice(s) substantiating award I I of construction contract. 9. NOTICES a. Notices or other communications which may be required or provided under the terms of this AGREEMENT shall be given as follows: COUNTY: Director of Harbors, Beaches and Parks Environmental Management Agency P.O. Box 4048 Santa Ana, CA 92702-4048 CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 M-31 Santa Ana, CA 92702-4048 INVOICES: Environmental Management Agency Financial Operations P.O. Box 4048 Santa Ana, CA 92702-4048 b. All notices shall be deemed effective when in writing and delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, correspondence, reports and/or statements authorized or required by this AGREEMENT, addressed in any other fashion shall be deemed not given. The parties hereto may change the addresses to which notices are to be sent by giving notice of such change to the other party. -5- Agreement No. D92-119 10. TERMINATION a. Either party shall have the right to terminate this AGREEMENT prior to the payment of funds, with cause immediately, or without cause with thirty (30) days written notice. Any such termination shall be effected by delivery to the other party in a manner prescribed in Paragraph 9 above, of a written "Notice of Termination" specifying the extent to which performance of work under this AGREEMENT is terminated, and the date upon which such termination became effective. b. In the event AGREEMENT is terminated after funds have been remitted by COUNTY, CITY or its successor in interest, shall refund within thirty (30) days of the time Notice of Termination is given, all funds contributed by COUNTY, to a total of $40,000, plus compound interest calculated from the date of deposit through the date of refund, at the rate of six percent (6%) per year. Such termination shall be effected by delivery to the other party, of a written Notice of Termination, specifying the extent to which performance of work under this AGREEMENT is terminated, and the date upon which such termination became effective, 11. SURETY CITY agrees that in the event CITY, or its successor in interest, does not complete construction of said PROJECT as specified in Paragraph 2 above, AGREEMENT shall be subject to termination as specified in Paragraph 10 above. 12. INDEPENDENT CONTRACTOR STATUS f This AGREEMENT is by and between COUNTY and CITY and is not f. intended and shall not be construed so as to create the relationship of agent, servant, employee, partnership, joint venture or association, as between COUNTY and CITY. WIN Agreement No. D92-119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. INDEMNIFICATION CITY agrees to indemnify, defend and save harmless COUNTY, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to bodily injury, death, personal injury or property damage arising from or connected with CITY's construction, operation, or its services provided hereunder, including without limitation, any workers' compensation suits, liability, or expense arising from or connected with services performed on behalf of CITY by any person pursuant to this AGREEMENT. 14. ASSIGNMENT Any transfer or assignment of CITY's interest in PROJECT, or any part or portion thereof, shall first be approved, which approval COUNTY shall not withhold unreasonably, in writing by COUNTY. Failure to obtain COUNTY's required written approval of any proposed transfer or assignment will render this AGREEMENT terminated, as specified in Paragraph 10 above. 15. TERM OF AGREEMENT The term of this AGREEMENT shall commence upon execution by COUNTY's Board of Supervisors and shall, with the exception of Paragraph 13, terminate on July 31, 1993, or on a date subject to the performance requirements specified in paragraph 2 above, or in accordance with the termination provisions of this AGREEMENT described in Paragraph 10 above, provided, however, that CITY's obligations under Paragraph 5 above, shall remain in effect and be enforceable by COUNTY unless all funds paid by COUNTY hereunder to CITY have been refunded to COUNTY. -7- Agreement No. D92-119 16. EFFECT OF AGREEMENT This AGREEMENT fully expresses all understanding of the parties and is the total AGREEMENT between the parties as to the subject matter of this AGREEMENT. No addition to or alteration of the terms of this AGREEMENT, whether written or verbal, by the parties, their officers, agents or employees, shall be valid unless in the form of a written amendment to this AGREEMENT, and is formally approved and executed by all parties. CITY's City Manager shall be authorized to execute any such amendment on behalf of CITY. I // Agreement ivo. L1yG sly 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first hereinabove written, DATE: I DATE: ATTEST: i JANICE C. GJY CF THE- COUNCIL SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Phyllis A. Henderson Clerk of the Board of Supervisors of Orange County, California HMM:nc2091514143807 COUNTY OF ORANGE BY: Chairman of the Board of Supervisors of Orange County, California CITY OF SANTA ANA r/[/l BY: fps DA H. Young, yar City of Santa Ana gg APPROVED AS TO FORM. BY: �oh Gr ipr r�.'lSra �w Edward $C ope , City Attorney City of Santa APPROVED AS TO FORM: TERRY ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA J r i Deputy -9- 3 E_xi s lE�I i H, THIRD DISTRICT 1991 water Conservation Urban Parks Program Funding Application Read instructions on reverse side before answering questions. Agency/jurisdiction: P] of ect Title: Santi a o F timated Tota eation and Community Services Agenc k Automatic Irrigation System Projec,, Cost; S roject Location (street aa,000 ress, cloy 4. Amount Requested: est intersection and att 510 Owens Drive (Owens Drive & Valencia) 6. Description of Project (be specific - applicant will be boun attach additional sheets if necessary): (see attached description and cost estimate) 40,000 vicinity map): this description; 7. a. Estimated Project Start Date: 8• Have development plans been Bid Advertisement July 1992 prepared? b. Estimated Completion Date: Yes, working drawings December 1992 are completed. 9. Date of Availability of Agency's Matching 10. Source of Agency's Matching Funds. July 1992 Funds: 1) Park-Ac Acquisition & Develop ment pm'nt runc 11. a. Use Radius of Project in Miles; 2) Private Donation (Lawn Bowling Olga Citywi de b. Population served: 293.,000 Ste• ttgency•s contact {person with day-to-day responsibility for the proposed project Title: Park/Landsca e i Name: R a n O n o P Telephone- ( 714 ) 13. Agency's Name and Address-: 14. Design Manager 571-4220 City of Santa Ana Recreation & Community Services Agency IAUtoriz:S?igre 405 W. Sth Street P.O. Box 1988 M-23 Santa Ana, California 92633 Cityer Date PLEASE NOTE: For County Use Only. Resolution documenting approval of proposed Request _ Rejecte, Approved project from requesting Agency's governing Date of Action (�f(,nL body must be submitted along with funding Amount Approved p application. Date of Agreement f Agreement No. M13:jnHB001-569 ZnFn7iV)71)1c PROJECT DESCRIPTION Santiago Park is 23 acres, located adjacent to Santiago Creek from Main Street to Garden Grove Freeway in the City of Santa Ana. The park includes a variety of facilities from nature trails, overnight camping, sand play equipment, lawn bowling facilities, ballfields, tennis courts, passive areas, etc. The facilities attracts park patrons city wide, but in the case of the lawn bowling center the attendance is county wide. Membership and sign ups range from Leisure World Irvine, Tustin, Anaheim Hills, Santa Ana, etc. The entire park site is currently being hand watered through a quick coupler system. This type of operation is an inefficient watering method and very labor intensive. The installation of an automatic irrigation and master computer control system in Santiago Lawn Bowling Area will enable the city staff to automatically monitor the watering system through moisture sensors. This system will only allow the minimum distribution of water for proper plant growth. If the ground has sufficient moisture for plant germination the master control system will not activate the irrigation system. Statistics indicate, with the installation of this system the city will experience a water savings from 15% to 25%. The city is currently designing a central control system for the south side of the city, but does not have the necessary funding for the north side. The lawn bowlers have donated funds to assist the city in implementing an irrigation system for the lawn bowling area, but funds are still not sufficient to install the system. With the county assistance through the Water Conservation Urban Parks Program, this project can be fully funded and implemented. This project meets all 5 criterias indicated in the grant application. 1) NEW DEVELOPMENT The project is considered new construction of a water conservation system for the Santiago Lawn Bowling area. The project also provides passive recreational opportunities for local and county wide residents. The system will eliminate hand watering during the day time hours, which will reduce evaporation concerns and also extend the availability for public use. 2) REHABILITATION The project also qualifies under this criteria, since the master computer control system will replace the old antiquated quick coupler system and provide a 15% to 25% water savings. The system will also be connected to the central control system on the south side of the city. This will provide the opportunity for 1 person to properly monitor the water distribution of the entire park system in the city. 3) EDUCATION Although a brochure on water conservation is not part of this project, the operation of the new system will provide an educational opportunity for our park maintenance personnel. This will provide them with the tools and equipment to properly measure the water consumption at each park and open new areas for proper water management. 4) WATER CONSERVATION MANAGEMENT The master computer control system (or central irrigation system) will have the capability to monitor water consumption, provide moisture sensor readings, automatic by .pass under wet conditions, ability to reduce the water distribution on the entire system by various percentages and provide automatic shut down of the system during excessive water flow, as in the case of a ruptured water line or damaged irrigation head. Due to the advance features of this system the manufacturers can claim a water savings of 15o to 2.5% in water distribution. 5) JOINT PROJECT This project also fully qualifies as a joint project, due to the financial contributions received from the lawn bowling members to match a portion of the county to the install of the irrigation system.. We feel the above descriptions of the proposed project completely meets the requirement to the grant application. The approval of grant funding for this project will be fully appreciate. CONSTRUCTION COST ESTIMATE ITEM COST 1) Master Computer Control System $ 2,500 2) Automatic Irrigation System $ 60,000 3) Backflow Device $ 31500 4) Resodding of Trenches $ 3,000 Sub Total $ 69,000 Inspection & Contingency $ 11,000 Total $ 80,000 it �4 r a�4 V LO Q M LO