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HomeMy WebLinkAboutORANGE COUNTY SANITATION DISTRICT - 1999-04-05 (2) 5l7/ ��ardsley -ANY✓ 99 �hcf��r- �db {'✓.�s � %ITY OF HUNTINGTON BEA41 MEETING DATE: 04-05-99 DEPARTMENT ID NUMBER: PW 99-13 Council/Agency Meeting Held- r�o04•aC�' erred/Continued W Approved ❑ Conditionally Approved ❑ Denied 060417Yy Clerk's Signature Council Meeting Date: 04-05-99 Department ID Number: PW 99-13 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION Re qq-94 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED-BY: RAY SILVER, City Administratorcrt_� PREPARED BY-V ROBERT F. BEARDSLEY, Director of Public Works- SUBJECT: Approve Approve a Cooperation and Reimbursement Agreement Between Orange County Sanitation District and City of Huntington Beach and Approve Orange County Sanitation District Plans and Specifications Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis.Environmental Status,Attachment(s) Statement of Issue The Orange County Sanitation District (District), in conjunction with its proposed replacement of sewer trunk mains within the City, has approached staff in regard to entering into a Cooperation and Reimbursement Agreement that would add two pending City projects into their contract. This agreement would be beneficial to both agencies. The District also requests City Council approval of project plans and specifications for the sewer improvements in Goldenwest Street, between Slater Avenue and Heil Avenue, and in Heil Avenue, between Goldenwest Street and Springdale Street. These documents have been reviewed and meet the established standards of the Public Works Department. Funding Source : Two funding sources will be used. The storm drain portion (est_ $245,500) will be funded by the Drainage Fund. This project was advertised last year and bid last year_ Bids were rejected as they were inconsistent and far exceeded the engineer's estimate. The street rehabilitation project (est. $200,000) will use Measure M funds. The exact amounts will be determined after the District receives bids and awards the contract. Recommended Action : Move to: 1. Approve the attached Agreement, between the District and the City; GOLDEN -y 03/25199 11.53 AM REQUEST FOR ACTION • MEETING DATE: 04-05-99 DEPARTMENT ID NUMBER: PW 99-13 2. Authorize the Mayor and City Clerk to execute the Agreement. 3. Authorize the Director of Public Works and the Director of Administrative Services to commit funds per the terms and conditions of the Agreement for approximately 2,500 lineal feet of pavement rehabilitation of Goldenwest Street between Slater and Warner Avenue, (CC-1103); and the construction of the Goldenwest Storm Drain between the East Garden Grove- Wintersburg Channel (C05) and Norma Drive, (CC-1042); and, 4_ Adopt the resolution approving plans and specifications for trunk sewer improvements by the District in Goldenwest Street between Slater Avenue and Heil Avenue, and in Heil Avenue between Goldenwest Street and Springdale Street. Alternative Action(s) 1. Do not approve the Agreement, deny authorization, and direct staff on how to proceed with the City projects_ This action may result in more costly projects, and a longer-term construction schedule along the affected streets. 2. Deny approval of the sewer plans and specifications and request the District allocate funds on other projects within other cities within their jurisdiction_ Analysis : The District has completed the improvement plans and special provisions for the replacement of its deficient Goldenwest trunk sewer and a new sewer in Heil Avenue. Incorporating the City's street and storm drain improvement plans with the District's project will reduce construction cost and minimize inconveniences to the community. The Cooperation and Reimbursement Agreement defines City and District responsibilities pertaining to funding, administration and construction of the combined projects. Benefits to the City include: cost saving due to economy of scale, elimination of Mycroft sewer lift station, abandonment of thousands of feet of sewer main, and minimized construction time_ Goldenwest Street between Warner and Slater Avenues is in need of pavement reconstruction. With the District sewer construction and an aging roadway section, this section of Goldenwest Street will require rehabilitation and a new asphalt overlay. The District will pay its fair share of the rehabilitation work covering the area of their trench. The City will then be responsible for the remainder of the street. The City's existing storm drain facilities located in Goldenwest Street north of Warner Avenue and South of Heil Avenue are deficient as shown in the City's Master Plan of Drainage. Goldenwest Street and the surrounding area adjacent to Murdy Park experiences large-scale flooding during periods of moderate intensity rainfall_ Documend .3. 03125199 4:27 PM REQUEST FOR ACTION MEETING DATE: 04-05-99 DEPARTMENT ID NUMBER: PW 99-13 The District's sewer projects are required by its Master Plan_ The existing sewer system is identified as deficient and in need of repair. Staff has reviewed the District's plans and specifications and concurs with the request for City Council approval Before the District can proceed with a project within the City (per the California Public Contract Code), the City must adopt a resolution approving the plans and specifications for the construction of the sewer project. The Public Works Commission reviewed of the storm drain project on March 18, 1998 and the street rehabilitation and sewer projects on February 17. 1999 The Commission recommends approval for all three projects. Environmental Status : Negative Declaration No. 97-12 was approved by the Zoning Administrator on June 18, 1997 for the storm drain project_ The street improvement project is categorically exempt per section 15301 — class 1. AttachmenUs): NumberCity Clerk's Page 1- Location Map 2 Agreement 3. Resolution # RCA Author S Krieger Documentl -4- 03126199 4:27 PM ATTACHMENT # 1 L L71 y STt VIA P%N EY Lrl, NOT 5 CA I L7 SOOL", On Ll ,L 7'y S �'OEFE 7' f r. S." A LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF HUNTINGTON BEACH THIS COOPERATION AND REIMBURSEMENT AGREEMENT, is made and l� entered into to be effective this 2Vday of , 1999, by and between: ORANGE COUNTY SANITATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as "District"; AND CITY OF HUNTINGTON BEACH, a municipal �� ,� ,• corporation of the State of California, hereinafter referred to as "City". APR ] 3 1999 r;, RECITALS WHEREAS, District currently owns and maintains a 15-inch gravity trunk sewer located at Goldenwest Street, in the City of Huntington Beach (hereinafter referred to as "Goldenwest Trunk Sewer"), which has been identified as being hydraulically and structurally deficient by previous District Master Plans and studies; and WHEREAS, District is planning to construct the Goldenwest Street Trunk Sewer Replacement, pursuant to Contract No. 11-17-3, and the Heil Avenue Interceptor, pursuant to Contract No. 11-20, in June of 1999 (hereinafter referred to as "District Project"); and WHEREAS, District has contracted design and construction support services with AKM Consulting Engineers (hereinafter referred to as "Design Consultant") for the District Project; and WHEREAS, City is planning to reconstruct the pavement in Goldenwest Street from Slater Avenue to approximately 500 feet southerly of Warner Avenue (hereinafter referred to as "City Street Improvements"); and 7Lw pj 072391.2 No 3-03rOM9 1 WHEREAS, City has completed plans and specifications for a 48-inch reinforced concrete pipe storm drain from the Orange County Flood Control Facility - Wintersburg Channel crossing at Goldenwest Street, northerly to Norma Drive, in the City of Huntington Beach (hereinafter referred to as "City Storm Drain Improvements"); and WHEREAS, City currently owns and maintains a sanitary sewage pump station, known as the Mycroft Pump Station (hereinafter referred to as "Station No. 12"), which will no longer be necessary for City to maintain upon completion of the District Project. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: Section 1: Elements of Agreement. City and District will work cooperatively together so that the City Street Improvements and City Storm Drain Improvements can be combined with the District Project to minimize cost and impacts to the public. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 2: District's Specific Obligations. District shall.- A. Incorporate a design and pay for construction costs necessary to tie in al! existing City gravity sewer facilities connecting to the District Project. B. Assume responsibility for letting and administering a construction contract incorporating the District Project and City Street Improvements and City Storm Drain Improvements. C. Include City-approval bid items for the City Street Improvements and City Storm Drain Improvements in the District Project schedule of prices. Bid items are to be provided for each project under separate headings. D. Assume responsibility of construction inspection services for the District Project. TLWA 072391-2 Np 3.03l03,'99 2 E. Reimburse City an estimated Twenty Thousand Dollars ($20,000.00) for the cost of approximately four hundred (400) tons of asphaltic concrete, as identified in the City Street Improvements bid item for new asphaltic concrete pavement. Actual cost to be determined upon completion of construction of said Street Improvements. This cost is for the additional asphaltic concrete overlay required to rehabilitate Goldenwest Street within the new District sewer pipe trench limits that would have been District's responsibility. The existing street section will be replaced by District for that section of the trench directly above the trench to match the existing grade. Those costs will be paid by District under the bid items for new sewer work. District shall ensure that upon completion of the District Project between Slater Avenue and Warner Avenue, the City Street Improvements will be completed in Goldenwest Street. F. Ensure that upon completion of the District Project between Warner Avenue and Heil Avenue, the City Storm Drain Improvements will be completed in Goldenwest Street. G. Obtain all necessary permits for construction of the District Project. Section 3: City's Specific Obligations. City shall: A. Contract with and pay a design consultant to provide design and construction support services necessary for the City Street Improvements and City Storm Drain Improvements. B. Reimburse District for the actual cost of construction for the City Street Improvements and the City Storm Drain Improvements, as identified in the schedule of prices set forth in the District's bid packet, in addition to change orders that are initiated by City or due to unforeseen conditions in the field directly related to City Street Improvements and the City Storm Drain Improvement, as approved by City and District. 7Lw P1 072391-2.No.3 0310-1199 3 . • 0 C. Reimburse District for the reasonable administration and management costs associated with the construction of the City Street Improvements and the City Storm Drain Improvements, as specified in Section 3B above. The estimated administration and management costs are approximately 5% of the total construction costs of the City Street Improvements and the City Storm Drain Improvements. Actual costs will be determined upon completion of construction of said improvements. D. Provide finished plans and specifications for the City Street Improvements and City Storm Drain Improvements to District for inclusion into the bid set of contract documents prior to March 29, 1999, or as soon thereafter as possible. E. Be responsible for necessary services required for abandonment of the Mycroft Pump Station upon completion of the District Project. F. Assume responsibility of construction inspection services for the City Street Improvements and City Storm Drain Improvements, including geotechnical compaction testing, trench backfill testing, and asphalt compaction testing. City retains final authority to reject or accept contractor's work on the City Street Improvements and City Storm Drain Improvements. G. Obtain all necessary permits for the construction of the City Street Improvements and City Storm Drain improvements. Section 4: Change Orders and Design Addenda. City and District, in their respective obligations, shall be given the opportunity to review and approve all design addenda and construction change orders issued by either Party pertaining to the work. Section 5: Timing of Reimtiursement. When work is completed, an accounting shall be performed by both-Parties to determine the net amount owed by the respective Parties, if any, in executing their obligations under this Agreement. Upon completion of the TLW.pj#72391-2 No 3 03M3/99 4 accounting, an invoice shall be submitted to the applicable Party for the remaining amount due, if any, which said amount shall be paid within forty-five (45) days of billing. Section_6: Environmental Documentation. District shall be responsible for compliance with the California Environmental Quality Act ("CEQA") as to the construction activity associated with the District Project described in this Agreement. City shall be responsible for compliance with CEQA for all construction activities associated with the City Street Improvements'and City Storm Drain Improvements. Section 7: Hold Harmless. A. District shall defend and hold City, its elected and appointed officials, agents, consultants and employees, free and harmless from any and all claims, damages, or demands arising out of District's performance of its obligations under this Agreement. B. City shall defend and hold District, its officers, agents, consultants, and employees, free and harmless from any and all claims, damages, or demands arising out of City's performance of its obligations under this Agreement. ection 8: Insurance. Each Party shall require the construction contractor for its construction activity to maintain policies of workers' compensation insurance and general liability insurance for personal injury and property damage, including motor vehicle operators and products/completed operations liability and blanket contractual liability, during all times of the contract in the amounts and terms consistent with that Party's established policies for these types of construction agreements. Such policies shall name the other applicable Party, its officers, agents, and employees as additional insureds thereon. Section 9: Term. The term of this Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or rescinded by both Parties. TLw_pi.972391-2.No 3 03/03/99 5 Section 10: Agents. Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective Party employing said contractor or subcontractors hereof. Section 11: Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. To District: Orange County Sanitation District 10844 Ellis Avenue Post Office Box 8127 Fountain Valley, CA 92728-8127 Attention: Penny Kyle, Board Secretary To City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: David Webb, P.E. Section 12: Dispute Resolution. In the event of a dispute regarding performance or interpretation of this Agreement, the dispute shall be resolved through the alternate dispute resolution procedures of Judicial Arbitration or Mediation Services of Orange County (JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. In the event suit is brought by either Party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each Party shall bear its own attorney's fees. Section 13: Force Mameure. Except for the payment of money, neither Party shall be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties not within City's or TLW:q 072391.2 No 3 03103M9 6 i District's reasonable control, or any law, order or requirement of any governmental agency or authority. Section 14: Governing Law. This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. Section 15: Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 16: Waiver. A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. Section 17: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment, which shall be signed by each Party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. ORANGE COUNTY SANITATION DISTRICT 'i),- . Dated: -0-2 y , 1999 By r, oard of Directo Dated:�•a�CI1� , 1999 By Secretary, B it of__D'u` ctars----�- r'�.. APPROVED AS TO FORM: = - THOMAS L. WOODRUFF = DISTRICT COUNSEL = = y v B OQIW�M04 2, Signatures Continued on Page 8 TLW:pj:#72391-2:No.3:03103/99 7 e I CITY OF HUNTINGTON BEACH, a municipal corporatio he State of California Dated: ' 1999 By Mayor -- ATTEST: Dated: , 1999 By City Clerk APPROVED AS TO FORM: Dated: , 1999 By ` ity Attorney n�-� RE WED AND APPROVED: Icy' Dated: , 1999 By Qa,., Q464 City dministrator INITI D APPROVE Dated: 3 2- , 1999 B Director of Public Works TLW:pj:#72391-2:No.3:03/03/99 8 ATTACHMENT #3 RESOLUTION NO. 99--24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE ORANGE COUNTY SANITATION DISTRICT SEWERS WHEREAS, the Orange County Sanitation District proposes to construct the following improvements to the sewers in the City of Huntington Beach: Goldenwest Street Trunk Sewer replacement between Slater Avenue and Heil Avenue, Heil Avenue Interceptor between Goldenwest Street and Springdale Street; and Both of these improvements have been found to have beneficial impacts on the sewer systems within the City of Huntington Beach; and Approval of District's plans and specifications for this project by the City of Huntington Beach is required under the provisions of the California Public Contract Code, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Huntington Beach approve plans and specifications of the Orange County Sanitation District for the construction of sewer improvements as stated above. PASSED AND ADOPTED by the City Council of thA City of Huntington Beach at a regular meeting thereof held on the S day of / 1999. Mayor ATTEST: f ` APPROVED AS TO FORM: City Clerk ity Attorney REVIEWED AND APPROVED: % D AND APPRO D: City ministrator tl irector of Public Works j rrTPN99resa'se%%crs'03/16:99 COVER PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) Department: Public Works Subject Bppwov oop. Agreement eim g e Council Meeting Date: April 5, 1999 Date of This Request: March 29, 1999 REASON (Why is this RCA being submitted late?): OrangeThe not provide the executed agreement until Monday, March 29 1999. EXPLANATION (Why is this RCA necessary to this agenda?): Postponing the execution of the agreement that has been set by the district. CONSEQUENCES (How shall delay of this RCA adversely impact the City?): This delay would result in a more costlX project and a longer term constrgCtjon schedule along the affected streets. Si ure: C� Approved O Denied Department Head Ray Silver City Administrator . RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve a Cooperation and Reimbursement Agreement Between Orange County Sanitation District and City of Huntington Beach and Approve Orange County Sanitation District Plans and Specifications COUNCIL MEETING DATE: April 5, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( } ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (BelowOnly) RCA Author: S. Krieger r