Contract - Costa Mesa, City of - 1987-10-15 AGREEMENT
THIS AGREEMENT is made this4r6e day of DeTcea- , 1987,
by the CITY OF COSTA MESA, a municipal corporation ( "CITY" ) , and
the COSTA MESA SANITARY DISTRICT, a special district formed under
the Sanitary District Act of 1923 ( "DISTRICT" ) ;
RECITALS
WHEREAS, CITY owns, operates, and maintains a small
sewage pump station at the City Corporation Yard at 2300 Placentia
Avenue, hereinafter referred to as "STATION" ;
WHEREAS, said STATION serves only the City Corporation
Yard, Fire Station, and the service area restrooms for the City
Golf Course ; and
WHEREAS, said STATION consists of one outdated compressor
pump; which has experienced constant problems and for which replace-
ment parts are presently unavailable; and
WHEREAS,. DISTRICT presently owns, operates, and maintains
at least twenty pump stations within district boundaries; and
WHEREAS, the same personnel perform maintenance on both
CITY and DISTRICT sewage pump stations; and
WHEREAS , both CITY and DISTRICT concur that it would be
in their best interest for all sewage pump stations to fall under
DISTRICT ownership and maintenance ; and
WHEREAS, both CITY and DISTRICT concur that STATION should
be replaced;
NOW, THEREFORE, it is mutually agreed as follows:
ENG 5/87 .
1. CITY SHALL:
a. Reimburse DISTRICT within 45 days of filing of a
Notice of Completion, the cost to administer, design, inspect and
construct a new Corporation Yard Sewage Pump Station, hereinafter
referred to as "PROJECT" and more specifically as detailed in Costa
Mesa Sanitary District Project No. 1112100-98. Reimbursement shall
be made from monies presently budgeted in fiscal year 1986-87.
b. Grant to DISTRICT an easement over the portion of
land containing the PROJECT.
2. DISTRICT SHALL:
a . Administer, design, inspect the "PROJECT" and
cause it to be constructed to district standards.
b. Prepare and submit to CITY an easement document •
to enable CITY to grant DISTRICT •the necessary right-of-way for the
PROJECT.
c. Pay for the cost of the PROJECT until completion
and accept reimbursement by CITY after filing Notice of Completion
and providing CITY with documentation substantiating all project-
related expenditures.
d. Assume ownership, operation, and maintenance of
the PROJECT after the work is completed and accepted by DISTRICT.
3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
a. Payment for the PROJECT by the. CITY to the DISTRICT
shall be based on the following estimated costs:
1. Construction costs plus approved change order .
$48, 400. 00.
2 . Design engineering $9, 160. 00.
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3. Pump replacement $3, 597. 59.
4. Annexation fee $1 ,130.00.
5. Inspection and administration $11, 690. 00.
The total estimated expenditure of $73,977. 59
shall be adjusted up or down in accordance with final costs as
evidenced by documentation as provided in 2(c) above.
b. DISTRICT shall assign a qualified inspector who
shall be charged with overall contract administration during con-
struction and who shall assure that construction is accomplished
in accordance with the plans and specifications and in accordance
with DISTRICT sewer specifications .
c. Additional change orders will require written
approval by CITY. In the case of emergency, however, oral approval
by an authorized representative of CITY shall be provided with
written approval to follow.
d. DISTRICT shall indemnify and hold harmless CITY
and its officers and employees from any damage or liability arising
from any errors, omissions , or negligence in DISTRICT' S performance
of this agreement.
e. CITY shall indemnify and hold harmless DISTRICT
and its officers and employees from any damage or liability arising
from any errors, omissions, or negligence in CITY' S performance of
this agreement.
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IN WITNESS WHEREOF, we have entered into this agreement
on the day and year first written above.
APPROVED AS TO FORM C " OF COS A MES /
City Attorney of� / Maw!' ''
City of Costa Me a c . ,
•
By: [���CGI.�✓ gcii.:7
/� /� City Clerk
APPROVED AS TO FORM COSTA MESA SANITARY DISTRICT
At rn y for osta Mesa •1esident
S itary District
//./
.,, /
Secretary
•
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