HomeMy WebLinkAboutMETROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (7)WURANCE NOT REQUfflE[)JWAWED
MWD WORK MAY PROCEE)
METROPOLITAN MIATER DISTRICTOFSOUTHERN CALIFORNIA CLE.[K OF COUNCIL,
DATE,
officeW (11,u IVM[mge�'
City of Santa Ana April 1, 1-998
Public Works Agency
220 South Daisy Avenue, Building A
Santa Ana, California 92703
Attention Mr, Thom Coughran
Water Resources Manager
Gentlemen:
Second Amendment to Letter Agreement No. 6222 for Participation in
an Irrigation System Efficiency ImproveLnQnt Project
This letter, when signed by both parties, will serve
as the Second Amendment (Amendment) to Letter Agreement No. 6222
(Agreement) between The Metropolitan Water District of Southern
California (Metropolitan) and the City of Santa Ana (Santa Ana).
This Amendment is necessary in order to extend the Term
of the Agreement, to reduce the water use monitoring period from
two years to one year, reduce the number of parksites, and to
reduce the total Agreement amount.
In lieu of terminating the Agreement and executing a
new agreement, both parties desire to amend the Agreement as
indicated.
MW-11" 01•
Change from:
1. Santa Ana has submitted a proposal to perform the
following activities at eight city park sites: (1) remove
existing irrigation controllers at eight park sites; (2) install
and commission Calsense satellite irrigation controllers with
flow sensing and moisture sensing capabilities (System); (3)
connect satellite controllers to Santa Ana's existing central
irrigation computer control system; and (4) provide monthly water
use records for a period of two years following installation of
satellite controllers (Project). The Project description is
THE METROPOLITAN MTN DISTRICT OF SOUTHERN CAUfORNIA
City of Santa Ana -2- April 1, 1998
marked Exhibit A and is attached hereto and incorporated herein
by this reference. Under the terms of this Agreement, Santa Ana
will perform tasks as outlined in Exhibit A.
Change to:
1. Santa Ana has submitted a proposal to perform the
following activities at two city park sites: (1) remove existing
irrigation controllers at two park sites; (2) install and
commission Calsense satellite irrigation controllers with flow
sensing and moisture sensing capabilities (System); (3) connect
satellite controllers to Santa Ana's existing central irrigation
computer control system; and (4) provide monthly water use
records for a period of one year following installation of
satellite controllers (Project). The Project description is
marked Exhibit A and is attached hereto and incorporated herein
by this reference. Under the terms of this Agreement, Santa Ana
will perform tasks as outlined in Exhibit A.
Paragraph 2:
Change from:
2. This Agreement will be effective upon final execution.
Santa Ana will begin work on Project within 60 days after
execution of Agreement. Santa Ana will complete all work and
provide all final verification to Metropolitan within 32 months
from the date of execution, or when all work described in
Exhibit A has been completed, whichever occurs first (Term).
The Term of this Agreement may be extended at the discretion of
Metropolitan.
Change to:
2. This Agreement will be effective upon final execution.
Santa Ana will begin work on Project within 60 days after execution
of Agreement. The revised timeline is marked as Exhibit A (1) and
is attached hereto and incorporated herein by this reference.
Santa Ana will complete all work and provide all final verification
to Metropolitan by June 1, 1999, or when all work described in
Exhibit A has been completed, whichever occurs first (Term). The
Term of this Agreement may be extended at the discretion of
Metropolitan.
THE UL-FTROPOVTAN WATER RISTRICT OF SOUTHERN CALIfORNIA
City of Santa Ana --3- April 1, 1998
Paragraph 5:
Change from,:
5. The total cost of Project is estimated to be $69,588.
These costs will be shared with Metropolitan contributing
50 percent, and Santa Ana providing the remaining 50 percent of
total Project costs. Within 60 days after execution of this
Agreement, Metropolitan will provide $6,959 to Santa Ana. This
represents an advance (Advance) of 10 percent of the total
estimated funding. These funds will be transferred by means of
a credit on Metropolitan's water service billing to Santa Ana..
Change to:
5. The total cost of Project is estimated to be $32,903.
These costs will be shared with Metropolitan contributing
50 percent, and Santa Ana providing the remaining 50 percent of
total Project costs. Within 60 days after execution of this
Agreement, Metropolitan will provide $6,959 to Santa Ana. This
represents an advance (Advance) of 21 percent of the total
estimated funding. These funds will be transferred by means of
a Credit on Metropolitan's water service billing to Santa Ana.
remain
Except as hereby amended, Letter Agreement No. 6222 shall
in full force and effect.
THE RETROP011TAN WATFR 01STRY7 Of SOUTHERN CAZIF019NIA
City of Santa Ana
April. 1, 1998
Metropolitan has fully executed two originals of this
Amendment. If the terms are acceptable to you, please sign,
and forward one to Metropolitan and retain the others for your
records.
PSS/ck
Attachments
In Duplicate
itM
By
anice C. Guy
Clerk of the Council.
Date
By
Joseph Fletcher
City Attorney
Date
Very truly yours,
John R. Wodraska�
Gene al Mant
By
Brian G. Thomas
Assistant Chief, Planning
and Resources Division
APPROVED AS TO FORM
N. Gregory Taylor
Genera Couns
Z' I By
Sr.,"154pU'y General. Counsel
RECOMMENDED FOR APPROVAL
By 21-�
James G. Ross
Executive Director
Public Works Agency
I
By
David N. Ream
City Manager
Date fC
02-27-1998 10:01AM CORPORATE YARD EXHIBIT A 1
MAYOR
Miguel A. Pulfdo
MAYOR PRO TEM
Robert L. Richardson
CO UNCILMEMBERS
Tony Espinoza
Brett Franklin
Thomas E. Lut7
Patricia A. McCuigan
Ted R Moreno
February 28, 1998
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
220 S. Daisy Ave., M85 • P.O. Box 19R$
Santa Ana, California 92702
The Metropolitan Water District
of Southern California
Post Office Box 54153
Los Angeles, California 90054
Attention_ Ms. Alice Webb
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COLJNCJL
Janice C. Guy
SUBJECT: SECOND AMENDMENT TO LETTER AGREEMENT NO. 6222 FOR
PARTIC][PATION IN AN IRRIGATION SYSTEM EFFICIENCY
Il1IPROVEMENT PROJECT
The following are the changes we have identified that need to be made to the subject letter
agreement:
Paragraph 1:
Our original proposal was to retrofit eight park sites. Due to funding constraints, we have
reduced the scope of the project to two park sites: Birch Park and Portola Park.
Paragraph 2:
The following is our revised timeline:
Bid Open
Bid Award
Construction Starts
Construction Finished
November 12, 1997
December I, 1997
February 16, 1998
June 30, 1998
We will complete all work and provide all final verification to Metropolitan by July 31, 1999.
02-27-1998 10: 02AM CORPORATE YARD EXHIBIT A 1.
Paragraph 5:
The total contractual cost of the Project is estimated to be $32,903.00. Metropolitan has already
advanced $6,959.00 which represents 2 1 % of the total estimated funding.
Construction Contract $32, 903,00
Birch Park $15,178.
Portola Park $17,325.
Paragraph 6:
Ten percent or $1,645 of Metropolitan's total contribution will be withheld from payment until
receipt of final report.
Your assistance and patience throughout this project are certainly appreciated. If you have any
additional questions, please call Nancy Bailey at (714) 647-3316,
V L
Thom Coug
Water Resources Manager
cc: Scott Silva, Metropolitan
Mike Lopez, Santa Ana
Ron Ono, Santa Ana
Kevin Futon, Santa Ana
Nancy Bailey, Santa Ana
TnTAI P . M J
0(� IGOgt�-~z cc""f N `- - EXHIBIT A
' Apra f �, �� (
"1 '� MI/I►� 14�+i+sL '►'x�lf: 11.T _
! METROPOLITAN WATER 0STRICT OF SOUTHERN CALIFORNIA ,��
y /
February 22, 1996
Public Works Agency
City of Santa Ana
220 South Daisy Avenue, Building A
Santa Ana, California 92703-
Attention Mr. Lee Harry
Water Resources Manager
Gentlemen:
Letter Agreement No. 6222 for Participation in
When signed by both parties, this letter will serve as
an agreement (Agreement) between The Metropolitan Water District
of Southern California (Metropolitan) and the City of Santa Ana
(Santa Ana) .
This Agreement is to be funded by Metropolitan and
Santa Ana. Metropolitan's funding is provided through the
Conservation Credits Program which is designed to assist member
and subagencies in conserving water supplies.
1. Santa Ana has submitted a proposal to perform the
following activities at eight city park sites: (1) remove
existing irrigation controllers at eight park sites; (2) install
and commission Calsense satellite irrigation controllers with
flow sensing and moisture sensing capabilities (System); (3)
connect satellite controllers to Santa Ana's existing central
irrigation computer control system; and (4) provide monthly water
use records for a period of two years following installation of
satellite controllers (Project). The Project description is
marked Exhibit A and is attached hereto and incorporated herein
by this reference. Under the terms of this Agreement, Santa Ana
will perform tasks as outlined in Exhibit A.
2. This Agreement will be effective upon final execution.
Santa Ana will begin work on Project within 60 days after
execution of Agreement. Santa Ana will complete all work and
THE METROPOL/TAN WATER DISTRICT OF SOUTHERN CALIfORNIA
City of Santa Ana -2-
provide all final verification to Metropolitan within 32 months
from the date of execution, or when all work described in Exhibit
A has been completed, whichever occurs first (Term). The Term of
this Agreement may be extended at the discretion of Metropolitan.
3. Ms. Alice Webb is appointed Agreement Administrator for
Metropolitan for the purpose of administering this Agreement and
making any decisions in connection therewith on behalf of
Metropolitan. Metropolitan reserves the right to change the
designated Agreement Administrator upon providing written notice
to Santa Ana.
4. Mr. Lee Harry is appointed Agreement Administrator for
Santa Ana for the purpose of administering this Agreement and
making decisions in connection therewith on behalf of Santa Ana.
Santa Ana reserves the right to change the designated Agreement
Administrator upon providing written notice to Metropolitan.
S. The total cost of Project is estimated to be $69,588.
These costs will be shared with Metropolitan contributing
50 percent, and Santa Ana providing the remaining 50 percent of
total Project costs. Within 60 days after execution of this
Agreement, Metropolitan will provide $6,959 to Santa Ana. This
represents an advance (Advance) of 10 percent of the total
estimated funding. These funds will be transferred by means of a
credit on Metropolitan's water service billing to Santa Ana.
6. Santa Ana will submit invoices for work performed on a
bimonthly basis during the periods of purchase, installation and
commissioning of the System. Bimonthly requests for
reimbursement must be accompanied by documentation of
expenditures. Ten percent or $3,479 of Metropolitan's total
contribution will be withheld from payment until receipt of final
report. Payments will be transferred by means of credits on
Metropolitan's water service billing to Santa Ana. Metropolitan
will reimburse only invoices that are signed and approved by
Santa Ana's Agreement Administrator.
Termination
7. This Agreement may be terminated by either party hereto
for any reason 30 days after notice in writing to the other
TN£ MrTROPOVTAN WATfR DISTRICT OF SOUTHERN alfORNIA
City of Santa Ana -3-
party. Upon such termination, Santa Ana will provide
Metropolitan with all documentation verifying the implementation
and costs of Project up to and including the date of termination..
The value of services performed up to and including the date of
termination will be determined in accordance with labor and
equipment costs as outlined under Section VII, Project Budget in
Exhibit A. If it is determined that funds are due from
Metropolitan, Metropolitan will credit these funds to Santa Ana
within 60 days from date it was determined that the funds are
due. These funds will be transferred by means of a credit on
Metropolitan's water service billing to Santa Ana. If the
reconciliation indicates Metropolitan has remitted excess funds
to Santa Ana, Metropolitan will invoice Santa Ana for the excess
funds.
S. Throughout the Term of this Agreement, on a bimonthly
basis, Santa Ana will report to Metropolitan progress and actual
cost of Project, and estimated water savings. At either
completion of Project or the end of the Term of this Agreement, a
final report from Santa Ana will be provided to Metropolitan,
verifying implementation and cost of Project.
9. Santa Ana will pay invoiced amounts to Metropolitan
within 40 days from the date of invoice. If payment is received
after the due date, but within the first 30 days after the due
date, a penalty will be assessed of one-half percent of the total
invoice amount. if payment is received more than 30 days after
the due date, a penalty of one --half percent of the total invoice
amount will be assessed each 30 days thereafter.
10. Santa Ana is responsible for providing sufficient
qualified personnel and/or selecting a qualified independent
contractor to implement Project. Santa Ana is responsible for
the design, implementation, personnel, equipment and supplies,
and all capital and operating costs related to and incurred by
Project. All materials and equipment necessary to implement
Project are the exclusive property of Santa Ana. Metropolitan
has no ownership, right, title, security interest, or other
THE WrROPOUTAN WIN o/STRIer of SoVTH,%V rAIIcORN1A
City of Santa Ana -4-
interest in any Project facilities, materials, or equipment, nor
any rights, duties, or responsibilities for operation or
maintenance thereof. Any modifications to Project which may
alter the implementation, effectiveness, and/or costs must be
agreed to in writing by both parties.
11. Santa Ana and its authorized representatives agree to
provide data and information as required by Metropolitan to
evaluate Project implementation, costs, and water savings.
Metropolitan and Santa Ana will make available for inspection to
the other party, upon reasonable advance notice, all records,
books, computer files, and other documents relating to Project.
12. Metropolitan may, at its own expense and discretion,
provide follow-up analysis and verification of actual results
achieved through Project implementation. The Term of this
Agreement may be extended at the discretion of Metropolitan.
13. Santa Ana is responsible for assuring that Project
complies with requirements of California Environmental Quality
Act (CEQA) .
14. Metropolitan and Santa Ana each agrees that it is
responsible for its own actions under this Agreement and agrees
to indemnify and hold the other party and its officers and agents
harmless, and agrees to defend the other party against any claim
or asserted liability arising out of its actions, either willful
or negligent, or its actions in implementing the Project. Such
indemnity will include any losses relating to any claim made,
whether or not a court action is filed, and will include attorney
fees and administrative and overhead costs related to or arising
out of such claim or asserted liability. Santa Ana is
responsible for any such actions arising under CEQA.
15. Any written communication required or permitted to be
given hereunder will be deemed received upon personal delivery or
48 hours after deposit in any United States mail depository,
first class postage prepaid, and addressed to the party for whom
intended, as follows:
k
THE METROPOUMN WQTfR OISTRICT Of SOUTHERN C,41IfORNIR
City of Santa Ana
If to Metropolitan:
If to Santa Ana:
-5-
The Metropolitan Water District
of Southern California
Post Office Box 54153
Los Angeles, California 90054
Attention Ms. Alice Webb
City of Santa Ana
220 South Daisy Avenue
Santa Ana, California 92703
Attention Mr. Lee Harry
Either party may change such address by giving notice to the
other party as provided herein.
16. It is understood that any alterations or variations
of the terms of this Agreement will not be valid unless made
in writing and signed by both parties, and that this Agreement
constitutes the entire agreement between both parties.
17. This Agreement will inure to the benefit of, and be
binding upon Metropolitan, Santa Ana, and their respective
successors. This Agreement is not assignable by either party in
whole or in part.
18. The partial or total invalidity of one or more parts
of this Agreement will not affect the intent or validity of this
Agreement.
19. This Agreement will be deemed a contract under the Laws
of the State of California, and for all purposes will be
interpreted in accordance with such laws. Metropolitan and Santa
Ana hereby agree and consent to the exclusive jurisdiction of the
courts of the State of California, and that the venue of any
action brought hereunder will be in Los Angeles County,
California.
THE METROPOLITAN W4V DISTRICT Of SOUTHERN C.411foRN14
City of Santa Ana _6_
Metropolitan has fully executed two originals of this
Agreement. If the terms are acceptable to you, please sign,
and forward one to Metropolitan and retain the others for your
records.
CITY OF SANTA ANA
PSS%dd
Attachment
In Duplicate
ATTEST
By _ G
Ja ce C, uyv
Clr the Council
1 �
Date
APPROVED AS TO FORM
By
Edward J. Cooper
City Attorney
Date fG-
Very truly yours,
John ,R .�I Wddraska
Geneia-1 anliBy
'j@y W,. Malinowski
Director, Public Affairs
APPROVED AS TO FORM
N. Gregory Taylor
Byi` ,rT
Deputy General-. nsel
RECOMMENDED FORJ APPROV'L
r J!
/By _ 2'!'
'James G. Ross
Executive Director
Public Works Agency
Date ,3 - d-d - % C
David N. Re m
City Manager
Date 3rr�d