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HomeMy WebLinkAboutMETROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (6)MWD METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Offic(? W die (;eiiPrW Mwixy�U, Public Works Agency City of Santa Ana 220 South Daisy Avenue, Building A Santa Ana, California 92703 Attention Mr. Thom Coughran Water Resources Manager Gentlemen: 7 "All J Map July 18, 1997 First Amendment to Letter Agreement No. 6222 for Participation in an Irrigation System Efficiency ImprovementProject- This letter, when signed by both parties, will serve as the First 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, change the City of Santa Ana's Agreement Administrator, to reduce the water use monitoring period from two years 'to one year, and to revise the timeline. In lieu of terminating the Agreement and executing a new agreement, both parties desire to amend the Agreement as indicated. Paragraph 1: 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 Aria'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 M x 5 1 w, Tfl£ METROP490TAN WATER DISTRICT OF SOUTHERN CAIIFORNIA City of Santa Ana -2- July 18, 1997 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 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 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 December 31, 1998, 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 METROPOLITAN XlMfl OISTMICT OF SOUTHERN MIMOMNIA City of Santa Ana -3- July 18, 1997 Paraaraph 4: Change from: 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. Change to: 4. Mr. Thom Coughran 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. Except as shall remain in full hereby amended, Letter Agreement No. 6222 force and effect. THE Uf 780POZITAN WATER 01,571CT ffSOUTAERN CARFONIA City of Santa Ana -4-- July 18, 1997 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 ATTEST By JXnice C. Guy Clerk of the Counci(7 Date APPROVED AS TO FORM By Woseph Fletcher City Attorney Date Very truly yours, John R. Wodraska General Manager BY j Rol G'08"fr� Acting Director, Public Affairs and Conservation APPROVED AS TO FORM N. Gregory Taylor General Counsel A' 1/rV By Sr. Deputv,-G-'en' er"'a'l Counsel RECOMMENDED FOR APPXOV,XL By 7, James G. Ross Executive Director Public Works Agency r. Date By ,avid N. Ream City Manager Date MWD METROPOL I TAN WATER DISTRICT OF SOUTHERN CAC IFORNIA 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: EXHIBIT A /f-9b-oo WORK MAY PROC# O CLERK 4f COUNCIL GAS: February 22, 1996 Letter Agreement No. 6222 for Participation in au Irrigation S-VstQm Ef-f-jcienc Imnr-ovemen 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 UMOR7UTAN WATER OISTRICT Of SOUTHERN MIAORNU 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. Project FundincT 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. 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. 7. This Agreement may be terminated by either party hereto for any reason 30 days after notice in writing to the other THE MC ROPOUTAN WATfR 01STRICT Of S011plcgN CAIIFORNIA 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 1WFTROPOUTAN WATER OlSTRICT OF SOUTHERN CARAORNIA 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: . Tllf UfUOROI/TAN WATER 01STRICI OF SOUTHERN CALIfORN1A 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 METROPOUTAN WATER 01SMICT Of S0117HERN G411MNN/A 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 el A. tPulido ayor PSS%dd Attachment In Duplicate ATTEST By - Ja "ce C. uyv Cl r the Council Date 9 �:) 0 79 APPROVED AS TO FORM By /; l !�4( /�•. ,Edward J. Cooper City Attorney Date Very truly yours, John ;iR .) W.ddral GeneraY Man' e By Jtay Mal inowski Director, Public Affairs APPROVED AS TO FORM N. Gregory Taylor By Deputy Genera-r= o tinsel. a RECOMMENESED FOR A ROV 'By games G. Ross Executive Director ~' Public Works Agency Date '�ZBy David N. Re m City Manager Date 3^-./ ,� 07/09/1997 16:00 714571427 RECREATION&COMM )s PAGE 02 X-'i';-MltA0REEMENT NO. 6222 MY bF SANTA ANA RECRM77ON & COMMUNI'i-Y SERVICES A0ENCx CENiRA MD IRRIGATION MWD GRANT - (PROJECT No. 6317) Schoduh of Work Bid Open 7-29-97 Bid Awwd 9-2-97 conswuction Stwu 9-15-97 CDU5W cd M FiWshod 11.17-97 MWD METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA LEM OF Cori; 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 an Irrigation System EfficiQuay Improvement ProjDct 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 MUROPOL/TAN WATfR DISTRICT Of SOUTHFRN CALI£ORNIA 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. Agreement Administrator 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. Project___ Funding 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. 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 MY UFTROPOLITAN WATER OISTR/CT OF SOUTHERN CCrORNIA 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. 8. 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 UfTROROITTAN WATER DISTRICT Of SOOPI RN CAIIfORNIA 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: ME MfMOPOUTAN WAT£R 01STRICT Of SOIITH£RN CAUfORNIA 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 UDWOPOUTAN WATER DISTRICT Of SOUTHERN CAIIAORNTA 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 aruel A. .. PSS%dd Attachment In Duplicate ATTEST By - Ja 'ce Xth y C1 r eCc Date APPROVED AS TO FORM By Edward J. Cooper City Attorney Date Very truly yours, John ;R.fi Wddraska Gene�a�l Mana. f - 1, t By J�ayr Malinowski Director, Public Affairs APPROVED AS TO FORM N. Gregory Taylor By Dej5uty�eral-76n nsel RECOMMENDED FOR APPROVAL YY 'James G. Ross Executive Director Public Works Agency Date`s Y David N. Re m City Manager Date 3r�d-G