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HomeMy WebLinkAboutORANGE COUNTY SANITATION DISTRICT WARNER AVE RELIEF SEWER - 2005-04-18 LETTER OF TRANSMITTAL TO: Patty Esparza, City of Huntington Beach DATE: October 18, 2005 FROM: Adam Nazaroff RE: Warner Relief Sewer Agreement Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 (714) 593-7254 WE ARE SENDING YOU ❑ attached ❑ under separate cover the following: ❑ shop drawings ❑ prints ❑ samples ❑ specifications ❑ plans ❑ copy of letter ❑ ordinance ❑ other: COPIES DATE OR NO. DESCRIPTION 1 April 18, 2005 Copy of the Warner Avenue Relief Sewer Agreement. Also there is an OCSD Seal located on the signature page. THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ for approval ❑ approved as submitted ❑resubmit ❑ copies for approval ❑ for your use ❑ approved as noted ❑ submit ❑ copies for distribution ❑ as requested ❑ returned for corrections ❑ return ❑ corrected prints ❑ for review and comment ❑ other: IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE Signed Adam Nazaroff Title Assnriate Fngfneer 111 C\Fj1eNETWIP\Patty Esparza City of HB TRANSMIT-doc . i WARNER AVENUE RELIEF SEWER AGREEMENT THIS WARNER AVENUE RELIEF SEWER AGREEMENT ("Agreement"), is made and entered into on this ,1 Atlyday of April _ _ ,2005,by and between: ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "District"; AND CITY OF HUNTINGTON BEACH, California, a Municipal Corporation, hereinafter referred to as District and City are sometimes hereinafter individually referred to as "Party' and hereinafter collectively referred to as"Parties". RECITALS WHEREAS, District is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700 et seq., providing for the ownership, operation,and maintenance of wastewater collection, treatment,and disposal facilities within Orange County, California;and WHEREAS, City is a duly.organized Municipal Corporation existing pursuant to the laws of the State of California; and WHEREAS, District let Warner Avenue Relief Sewer, Contract 11-22, to improve the efficiency and capacity of two (2) public sanitary sewers, one (1) belonging to District and the other one (1) belonging to City in Warner Avenue between Bolsa Chica Street and Springdale Street in City; and WHEREAS, Parties agree that this Agreement memorializes Parties' rights and obligations concerning the two(2)public sanitary sewers and Contract 11-22; and WHEREAS, District agrees to construct, at its own cost and expense, and City agrees to own, operate, and maintain, at its own cost and expense, six (6) 8-inch gravity sewer segments, and two(2)6-inch force main sewer segments in Wander Avenue, as more specifically described in this Agreement and as more specifically depicted in Exhibit "A", attached hereto and by reference made a part of this Agreement; and WHEREAS, District agrees to consmict, own, operate, and maintain, at its own cost and expense, 18-inch, 21-inch, 24-inch, and 36-inch gravity serer lines, as more specifically described in this Agreement and as more specifically depicted in Exhibit"A"; and 1r,.n a Page 1 of 6 WHEREAS, District agrees to remove from service and abandon in place, at its own cost and expense, 18-inch, 21-inch, and 24-inch City gravity sewer lines, as more specifically described in this Agreement and as more specifically depicted in Exhibit "A'; and WHEREAS, Distract agrees to remove from service and abandon in place, at its own cost and expense, a 6-inch City force main, as more specifically described in this Agreement and as more specifically depicted in Exhibit"A"; and WHEREAS, City agrees to transfer and District agrees to own, operate, maintain, and rehabilitate 21-inch and 24-inch gravity sewer lines, as more specifically described in this Agreement and as more specifically depicted in Exhibit"A"; and WHEREAS, City agrees to issue to District all necessary encroachment permits associated with the construction of sewer lines and force mains pursuant to this Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1: R ita . The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that such Party is bound by the same. ection 2: Elemenjs of Agroment. A. District shall construct, at its own cost and expense, and District shall own, operate, and maintain, at its own cost and expense, an 18-inch gravity sewer line segment, approximately 167 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", sheet 1 of 7, in red between the manholes identified from point 1 to point 3. For this segment, City shall own, operate and maintain the manhole located at point 1 and the District shall own, operate and maintain the two intermediate manholes between points 1 and 3. District shall own, operate and maintain the manhole located at point 3 on Exhibit"A". H. District shall construct, at its own cost and expense, and City shall own, operate, and maintain, at its own cost and expense, six (6) 8-inch gravity sewer line segments, approximately 407 linear feet(total) in Warner Avenue, as more specifically depicted in Exhibit "A", sheets 1, 2, 3, 6, and 7 of 7, in green between the manholes identified from point 2 to point 3; from point 4 to point 5; from point 6 to point 7; from point 8 to point 9; from point 10 to point 13; and from point 17 to point 18. For these segments, City shall own, operate and maintain the pipe segments as well as either the manholes or junctions located at points 2, 4, 6, 8, 10 and 17. District shall own, operate and maintain the manholes located at points 3, 5, 7, 9, 15, 18 and 20 as well as any other manholes located in between along this new District line. C. District shall construct, at its own cost and expense, and City shall own, operate, and maintain, at its own cost and expense, two (2) 6-inch force main sewer segments, approximately 149 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", 117697 3 Page 2 of 6 sheets 4 and 6 of 7, in green between the junctions or manholes identified from point 11 to point 13 and from point 14 to point 15. For these segments, City shall own, operate and maintain the junctions located at points 10 and 14. District shall own, operate and maintain the manholes located at points 13 and 15. D. At its own cost and expense, District shall remove from service and abandon in place with sandicement slurry, 18-inch, 21-inch, and 24-inch City gravity sewer lines, as more specifically depicted in Exhibit"A", sheets 1, 2, 3,4, 5, 6, and 7 of 7, in Iight-blue between the manholes identified from point 1 to point 16 and from point 19 to point 20, after District constructs new 18-inch, 21-inch, 24-inch, and 36-inch gravity sewer lines to be owned, operated, and maintained by District, as more specifically depicted in Exhibit "A", sheets 1, 2, 3, 4, 5, 6, and 7 of 7, in red line segments. For these segments, District shall owri, operate and maintain all manholes located within any portion of all the various line segments shown in red. This includes the manholes located at points 3, 5, 7, 9, 13, 15, 16, 18, 19, 20 and 21; and also includes any other manholes located within any portion of the red line segments even though there may not be numbered points associated with those manholes. E. At its own cost and expense, and after District constructs and connects the two(2) 6-inch force main sewer segments as described above in sub-section C above, District shall remove from service and abandon in place with sand/cement slung a 6-inch City force main in the intersection of Warner Avenue, as more specifically depicted in Exhibit "A", sheets 4 and 6 of 7, in light-blue between the manholes identified from point I 1 to point 12 and from point 14 to point 15. F. City does hereby transfer to District, at no cost or expense, ownership and responsibility for the City's 21-inch and 24-inch gravity sewer lines, approximately 876 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", sheets 6 and 7 of 7, in between the manholes identified from point 16 to point 19 and from point 20 to point 22. District shall own, operate, maintain the 21-inch and 24-inch gravity sewer lines, approximately 876 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", sheets 6 and 7 of 7, in magenta between the manholes identified from point 16 to point 19 and from point 20 to point 22. For these segments, District shall own,operate and maintain all manholes located within any portion of all the various line segments shown in magenta. This includes the manholes located at points 16, 19, 20 and 22 and other manholes between those points even though there may not be numbered points associated with those manholes. G. City shall issue to District at no cost all encroachment permits associated with the construction, connection and/or abandonment of sewer lines and force mains pursuant to this Agreement,as all construction under this Agreement is located in City's public right of way. Section 3: Tenn. 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. 176r 3 Page 3 of 6 Section 4 Hold Harmless. A. City shall defend and hold District, its officers, employees, agents, and consultants free and harmless from any and all claims, damages, or demands arising out of City's performance of its obligations under this Agreement. B. District shall defend and.hold City, its elected and appointed officials, employees, agents, and consultants free and harmless from any and all claims, damages, or demands arising out of District's performance of its obligations under this Agreement. Section 5: successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest and assigns. ec on 6: Notifies. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by electronic transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within torty-eight (48) hours by letter mailed or delivered. Notices or other communications shrill be addressed as follows: To District: Orange County Sanitation District Attn: General Manager 10844 Ellis Avenue Fountain Valley,CA 92708-7018 Facsimile: (714)962-0356 TO City: City of Huntington Beach Attn: City Engineer 2000 Main Street Huntington Beach, CA 92648 Facsimile: (714)374-1573 Section 7. Jurisdiction. In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. Section 8: Force Ma'eur . District shall not 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, or any law, order, or requirement of any governmental agency or authority. 197W 3 Page 4 of 6 Section 9: Governing Law. This Agreement shall be governed by the laws of the State of California. Section 10: Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between their pertaining to the subject matter thereof. Section 11: 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 12: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment,which shall be signed by each Party. Section 13. Severability. Whenever possible, each.provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision,or the remaining provisions of this Agreement. Section 14. Agreement Execution.Authorization. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity for which he or she is executing this document. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair,Board of Directors BY Secretaryy,d and of D' ctors APPROVED AS TO FORM: THOMAS L. WOODRUFF GENERAL'COUNSEL By - 197697.3 Page 5 of 6 CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California ATTEST: i Clcrk APPROVED AS TO FORM: , t City Attomey REVIEWED AND APPROVED: ,(pity AdMinis,trator INMATE ND PROVED: i Director of Publi orks 191"'1 Page 6 o4 6 LEGEND II NEWLY CONSTRUCTED SEWER FOR HB i �•�•� REMAINS CITY OF HB SEWER I!.l.....!!.. HB SEWER TO BE ABANDONED U i ■ ■ ■ ■ ■ HB SEWER TO BE TAKEN OVER BY OCSD 0 ( �, I �!•� NEW OCSD SEWER f CONNECTION LOCATIONS li I I 2O ® NEW CONNECTION TO CITY OF HB SEWER I 1O 3�O NEW CONNECTION TO NEW OCSD SEWER X366 X] % , X'A.! 11, -- 3: `il % �Td.) 36] I ^� •SPII o 3 ISM AI �J % J.�I3 % ] % X36.1 yX] TS %'J!I I$%1 GM 319 I �MQ SI131 XR X31 ) % X Nb X %R6 ____ J}! Wl •T "Zl ... :SE MV 1 .y ]3.3 00 am,• ..,...- � `3.` c3..) raw__ - • rA '_ T 4 W X kM. 37.. IT%1 ]% 371 X342 36i C1H[ 31 SI S %Y.5 X]6b % % !1% ( • I.sM X]66 636.11 ).9 3S1 3 • x x X31.I 31.1 X 13)2% ,• %] C➢C ) X3)b WARNER J % '" X ��, � AVE. 34 X . X9 o m X X `°" EXHIBIT "A" Ioy 361% X owI a� LEGEND NEWLY CONSTRUCTED SEWER FOR HS I REMAINS CITY OF HB SEWER I •�����■���� HB SEWER TO BE ABANDONED ■ ■ ■ ■ ■ HB SEWER TO BE TAKEN OVER BY OCSD J r NEW OCSD SEWER i CONNECTION LOCATIONS i i o i © NEW CONNECTION TO CITY OF HB SEWER Q_ D NEW CONNECTION TO NEW OCSD SEWER A—. xl Q L_ -.J I x .y'X % x X % �N,7-.- • Tr __� x -- .. SIG _ `1` %3.] %33 - I q3b %JN Tl6 _ _ ____________ _______ %33.6 XY1J —__ — ______________ _ _________ __ ___ _ 6 - __ ____ _ _ _ %3u AW ,..--• —. _. ---may ., --�'_"�Jr.T... __ t]JJ. - - �.._..�.. � ..�..... .�.. _..57 �..�tom.: �� 00al 3S6% 333 — •. X33r ] 3>a% w9% P-9 uGEU .� 3J1 cot x •sPN •,�,���(/ 3 4 o" 1111----��1111 / %h31 W WARNER � I IAVE. W i I EXHIBIT "A" J SHEET 2 OF 7 LEGEND NEWLY CONSTRUCTED SEWER FOR HB REMAINS CITY OF HB SEWER / •••••••••••1 HB SEWER TO BE ABANDONED Z ■I■ ■1■1■ HB SEWER TO BE TAKEN OVER BY OCSD J �■■� NEW OCSD SEWER N , �`" CONNECTION LOCATIONS g Q NEW CONNECTION TO CITY OF HB SEWER i 9Q NEW CONNECTION TO NEW OCSD SEWER I I M3 I 95 l %) 1 xl) is x• x°A x I e). )A 1 __ II _ fFEES I YEA -f - i5 2, __—_ �___-___ _ lea ..�..�...�....�..�..ter..�... ■ .� .r_ )A ze LLJ 2uxs i 20 mv-xu o•scwrn + om•m■snncn LLJ i--a — x r I xac0 * LLI /LLJ WARNER AVE. EXHIBIT "A" (D SHEET 3 OF 7 LEGEND I Ij i NEWLY CONSTRUCTED SEWER FOR HB REMAINS CITY OF HB SEWER . . . . . HB SEWER TO BE ABANDONED HB SEWER TO BE TAKEN OVER BY OCSD ! I NEW OCSD SEWERlw I i CONNECTION LOCATIONS i 111 UOO t�1 NEW CONNECTION TO CITY OF HB SEWER Y © OLD CONNECTION TO CITY OF HB SEWER (ABANDONED) I` I U ® NEW CONNECTION TO NEW OCSD SEWER � I ! /Oy j s. a ,. �,.J 1, �'.- I c. ,� .x % x X�q _ X LJ L. x, - -- -- - - - ----- - -nlI - :-= — - ---- 78 77 x��_ es xas II is ' S yw � t WARNER AVE. G� EXHIBIT "A" SHM 4 OF 7 c� LEGEND NEWLY CONSTRUCTED SEWER FOR HB REMAINS CITY OF HB SEWER HB SEWER TO BE ABANDONED • • • • • HB SEWER TO BE TAKEN OVER BY OCSD NEW OCSD SEWER __ __ _xz.t_ Imo _—�IRz�_ ""IIEwsE x �/ C2%21 e• D 2B31R� W i s �i _CD1$i L9 xza . ` 1 U4)A•®SOUPED D DBSRWED BSC %26 % D nBT[IRCO __� fAp}10 DBTCIPED iXEF2 1PEE5 Y.B -x"" n 0� a u .b X46 04 » »_. YX 6 USES % C ; ) \�-z f D DDSCC D 9 Cam/ m� x_IlI i e ) COXC _ I__ 3X ) ) \/%aD a6 I a) x R. EXHIBIT "A" WARNERAVE. SIIEEf 5OF7 LEGEND .per NEWLY CONSTRUCTED SEWER FOR HB \ / REMAINS CITY OF HB SEWER HB SEWER TO BE ABANDONED � • ■ ■ ■ HB SEWER TO BE TAKEN OVER BY OCSD r NEW OCSD SEWERLLJ I � ■ ■ EXIST. OCSD SEWER TO REMAIN BY OCSD z i 7 CONNECTION LOCATIONS ® NEW CONNECTION TO CITY OF HB SEWER 5 O O' I / NEW CONNECTION TO NEW OCSD SEWER � � I © NEW CONNECTION TO EXIST. OCSD SEWER q4/ /. x X pa / za3 �%uis� r- >fM%j�l � V ]mss \ \—i iit cs 1 rcxu ] X _SiEY OQMC®3L3lEi ♦ __ X f.3 �■• r� �� � 0 1 r %19 XO _ 7i},l _Ail ______ ______ 62____ __ __________ -------- ________ ASR1 ____________________ X11.3 -" tea.---.�__��._�. as --x 4 31 IMF— X33 t� --y410G _9_Ji lu X46 %U XIA p .�. a' • '-Lr••�.`�..,._ 41 •:r X .� ~\�� FS. X631 S Qtl{fFk x6.9� v69/" 1S Be.. _. \ .L 1 �..-. .. . `\ // S / ]l/xa %z1 x} 31% 1 X6A'•�/6l %6•}C11C % \ 7fx WARNER AVE. / EXHIBIT "A" / SHIM 0 OF 7 LEGEN NEWLY CONSTRUCTED SEWER FOR HB �.�.� REMAINS CITY OF HB SEWER I i HB SEWER TO BE ABANDONED ! HB SEWER TO BE TAKEN OVER BY OCSD � •� NEW OCSD SEWER ■ ■ EXIST. OCSD SEWER TO REMAIN BY OCSD L.I i J / CONNECTION LOCATIONS Q 1© NEW CONNECTION TO CITY OF HB SEWER CD % ® Q9 NEW CONNECTION TO NEW OCSD SEWER i NEW CONNECTION TO EXIST. OCSD SEWER � I i END POINT OF CONNECTION TO EXIST. OCSD SEWER o, .14 _ � I / 1 9e )cwc l •s I I onn vs I x]9b zIL9 _ _ _ _ _ _ 100 y ........... .—.----........ 1 "36 -- - - - _ - - ---' - - -- - ' ---- . i h xw— I.%_—\ \ ) X9b &1 I b COC r . arx r__ I I nsv� I I > he ! 9% X9l 4 %CJ %•% ♦SnN X&] X)A X)9 q] ^ W Ix" 7.1X l / 11 M i WARNER AVE. EXWIe IT '---- i�� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL! REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: - (d.�3 77b-)6n,'j ST. ATTENTION: Name ,. l0 d 5 El�U.'S Oglx _ _ DEPARTMENT: _ 5 t �. �_ REGARDING: City.state.71p See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy OfThe Above Referenced Agenda Item. Remarks: At- lar City Clerk} [.�T� 70 ✓E Attachments: Action Agenda Page Agr��u ✓ Bonds Insurance _ RCA Deed _ Other CC: C _ �J � ✓_ __ _ Namc artrncnt RCA Ap remem Insurance Othu NaTnte DepartmwI RCA ApreniCnr E;-T;�Wr Other Narnc Dtparunent RCA Agreement Insurance Other Name —� Department RCA Agmcnent Insurance Other Name -- Dcpanmcnt -- RCA Insurance ct 60[_L f'0 C 1 D. Cow g lfollowuptietterslooverltr_doc (Telephone:7 1 4-536 52271 Council/Agency Meeting Held: Oj— Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City rk's fignatu IL —7 Council Meeting Date: 04/18/2005 Department ID Number: PW 05-020 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN,(M MEMBERS SUBMITTED BY: PENELOP CUL�H-GRAFT CITY A MINISTRATOR f -1 PREPARED BY: UL EMERY ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Approve an Agreement Between the Orange County Sanitation [Astritt and the City for the Warner Avenue Relief Sewer , T Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Orange County Sanitation District (District) recently completed improvements to the Warner Avenue Relief Sewer, which improve the efficiency and capacity of two public sewers, one belonging to OCSD and the other to the City. The District now requests City Council approval of an agreement to memorialize each Agency's rights and obligations concerning the sewers. Funding Source: No City funding is required for this action. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Orange County Sanitation District Agreement. Alternative Action(s): Reject the agreement with the Orange County Sanitation District and direct staff on how to proceed. •REQUEST FOR ACTION • MEETING DATE: 04118/2005 DEPARTMENT ID NUMBER:PW 05-020 Analysis: The Orange County Sanitation District (District) recently completed their Warner Avenue Relief Sewer Project between Balsa Chita Street and Springdale Street, which was designed and funded by the District. The original system between Bolsa Chica Street and Springdale Street consisted of two public sewers, one belonging to the District and the other to the City. Due to the improved efficiency and capacity of the District's new sewer line, approximately 5,300 lineal feet of gravity sewer lines and appurtenances belonging to the City were abandoned, reconstructed or rehabilitated per the project improvement plans. The City sewer lines that were rehabilitated have been transferred to the District to operate and maintain, while the lines reconstructed remain the City's responsibility. Because each agency still owns, operates and maintains segments within the previously defined limits, the District would like to memorialize each agency's rights and obligations. This agreement defines the new responsibilities for each agency. Public Works Commission Action, Not required. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Location-Map 2. Agreement (2-copies) G_%R C A12005105-020 Apnl 4 Kneger(QCSD 11-22 Agreement)doc -2- 312812005 9:05 AM ATTACHMENT # 1 at0' ' �o Q� 6FFo-LSA{{ :AV\E.N Mc ADD EDINGER = y�j AVE. __ N �HEIL� S �t AVE,?� N WARNER 8 $ VE. SLAT AVE. 5 PACIFlC 'IN TALBERT AVE. NOT TO SCAM S AVE. y1. GARFIELD W 1F- F AVE. N N 1 RKTOWN AVE. ` ADAMS AVE. INDI APO JS 3 AVE. Y TA AVE. ¢ = HAM L AVE. OCEAN ti \ ANN N { � I L� } MEADOWLARK COUNTRY 2 __ �) CLUB a a S m WARNER :::_........_.._ ...................................... _....._........... r. --.._.__.._... w ..__..... v . �.. t c LEGEND PROJECT AREA LOCATION MAP .� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 WARNER AVENUE, RFLIFF SEWER AGREEMENT THIS WARNER AVENUE RELIEF SEWER AGREEMENT ("Agreement"), is made and entered into on this_1 gthday of_Apia __ _, 2005, by and between: ORAINGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "District"; AND CITY OF HUNTINGTON BEACH, California, a Municipal Corporation, hereinafter referred to as "City" District and City are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". RFQ,rALS WHEREAS, District is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700 et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHFREAS, City is a duly organized Municipal Corporation existing pursuant to the laws of the State of California: and W-HERFAS, District let Warner Avenue Relief Sewer, Contract 11-22, to improve the efficiency and capacity of two (2) public sanitary sewers, one (1) belonging to District and the other one (1) belonging to City in Warner Avenue between Bolsa Chica Street and Springdale Street in City; and WHEREAS, Parties agree that this Agreement memorializes Parties' rights and obligations concerning the two (2) public sanitary sewers and Contract 11-22; and WHEREAS, District agrees to construct, at its own cost and expense, and City agrees to own, operate, and maintain, at its own cost and expense, six (6) 8-inch gravity sewer segments, and two (2) 6-inch force main sewer segments in Warner Avenue, as more specifically described in this Agreement and as more specifically depleted in Exhibit "A", attached hereto and by reference made a part of this Agreement; and WHEREAS, District agrees to construct, own, operate, and maintain, at its own cost and expense, 18-inch, 21-inch, 24-inch, and 36-inch gravity sewer lines, as more specifically described in this Agreement and as more specifically depicted in Exhibit "A", and 197697 3 Page 1 of 6 • i 'WHE'REAS, District agrees to remove from service and abandon in place, at its own cost and expense, 18-inch, 21-inch, and 24-inch City gravity sewer lines, as more specifically described in this Agreement and as more specifically depicted in Exhibit "A"; and WHEREAS, District agrees to remove from service and abandon in place, at its own cost and expense, a 6-inch City force main, as more specifically described in this Agreement and as more specifically depicted in Exhibit "A"; and WHEREAS, City agrees to transfer and District agrees to own, operate, maintain, and rehabilitate 21-inch and 24-inch gravity sewer lines, as more specifically described in this Agreement and as more specifically depicted in Exhibit "A"; and WHEREAS, City agrees to issue to District all necessary encroachment permits associated with the construction of sewer lines and force mains pursuant to this Agreement. AGREEMENT .NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1: Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that such Party is hound by the same. Section 2: Elements of Agreement. A. District shall construct, at its own cost and expense, and District shall own, operate, and maintain, at its own cost and expense, an 18-inch gravity sewer line segment, approximately 167 linear feet in 'Varner Avenue, as more specifically depicted in Exhibit "A", sheet 1 of 7, in red between the manholes identified from point 1 to point 3. For this segment, City shall own, operate and maintain the manhole located at point 1 and the District shall own, operate and maintain the two intermediate manholes between points 1 and 3. District shall own, operate and maintain the manhole located at point 3 on Exhibit "A"_ B. District shall construct, at its own cost and expense, and City shall own, operate, and maintain, at its own cost and expense, six (6) 8-inch gravity sewer line segments, approximately 407 linear feet (total) in Warner Avenue, as more specifically depicted in Exhibit "A", sheets 1, 2, 3, 6, and 7 of 7, in green between the manholes identified from point 2 to point 3; from point 4 to point 5; from point 6 to point 7; from point 8 to point 9; from point 10 to point 13; and from point 17 to point 18. For these segments, City shall own, operate and maintain the pipe segments as well as either the manholes or junctions located at points 2, 4, 6, 8, 10 and 17 District shall own, operate and maintain the manholes located at points 3, 5, 7, 9, 15, 18 and 20 as well as any other manholes located in between along this new District line. C. District shall construct, at its own cost and expense, and City shall own, operate, and maintain, at its own cost and expense, two (2) 6-inch force main sewer segments, approximately 149 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", 191,6973 Page 2 of 6 sheets 4 and 6 of 7, in green between the junctions or manholes identified from point 11 to point 13 and from point 14 to point 15. For these segments, City shall own, operate and maintain the junctions located at points 10 and 14. District shall own, operate and maintain the manholes located at points 13 and 15. D. At its own cost and expense, District shall remove from service and abandon in place with sanctIcement slurry, 18-inch, 21-inch, and 24-inch City gravity sewer lines, as more specifically depicted in Exhibit "A", sheets 1, 2, 3, 4, 5, 6, and 7 of 7, in light-blue between the manholes identified from point 1 to point 16 and from point 19 to point 20, after District constructs new 18-inch, 21-inch, 24-inch, and 36-inch gravity sewer lines to be owned, operated, and maintained by District, as more specifically depicted in Exhibit "A", sheets 1, 2, 3, 4, 5, 6, and 7 of 7, in red line segments. For these segments, District shall own, operate and maintain all manholes located within any portion of all the various line segments shown in red. This includes the manholes located at points 3, 5, 7, 9, 13, 15, 16, 18, 19, 20 and 21; and also includes any other manholes located within any portion of the red line segments even though there may not be numbered points associated with those manholes. E. At its own cost and expense, and after District constructs and connects the two (2) 6-inch force main sewer segments as described above in sub-section C above, District shall remove from service and abandon in place with sand/cement slurry a 6-inch City force main in the intersection of Warner Avenue, as more specifically depicted in Exhibit "A", sheets 4 and 6 of 7, in light-blue between the manholes identified from point 1 1 to point 12 and from point 14 to point 15. F. City does hereby transfer to District, at no cost or expense, ownership and responsibility for the City's 21-inch and 24-inch gravity sewer lines, approximately 876 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", sheets 6 and 7 of 7, in between the manholes identified from point 16 to point 19 and from point 20 to point 22. District shall own, operate, maintain the 21-inch and 24-inch gravity sewer lines, approximately 876 linear feet in Warner Avenue, as more specifically depicted in Exhibit "A", sheets 6 and 7 of 7, in magenta between the manholes identified from point 16 to point 19 and from point 20 to point 22_ For these segments, District shall own, operate and maintain all manholes located within any portion of all the various line segments shown in magenta. This includes the manholes located at points 16, 19, 20 and 22 and other manholes between those points even though there may not be numbered points associated with those manholes. G. City shall issue to District at no cost all encroachment permits associated with the construction, connection and/or abandonment of sewer lines and force mains pursuant to this Agreement, as all construction under this Agreement is located in City's public right of way. Section 3: Tenn. The tern 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. 197697 3 Page 3 of 6 i i Section 4: Hold Harmless. A. City shall defend and hold District, its officers, employees, agents, and consultants free and harmless from any and all claims, damages, or demands arising out of City's performance of its obligations under this Agreement. B. District shall defend and hold City, its elected and appointed officials, employees, agents, and consultants free and harmless from any and all claims, damages, or demands arising out of District's performance of its obligations under this Agreement. Section 5: Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest and assigns. Section 6. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by electronic transmission, and shall be deemed received upon the earlier of: (1) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: To District: Orange County Sanitation District Attn. General Manager 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Facsimile: (714) 962-0356 To City: City of Huntington Beach Attn: City Engineer 2000 Main Street Huntington Beach, CA 92648 Facsimile: (714) 374-1573 Section 7: Jurisdiction. In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. Section 8: Force Maieure. District shall not 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, or any law, order, or requirement of any governmental agency or authority. 197L97.3 Page 4 of 6 0 • Section 9: Governing I.aw_ This Agreement shall be governed by the laws of the State of California. Section 14: 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 11: 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 12: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment, which shall be signed by each Party. Section 13. Severability. A henever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement. Section 14. Agreement Execution Authorization. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity for which he or she is executing this document. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By - Chair, Board of Directors By____._._ Secretary, Board of Directors APPROVED AS TO FORM: 'rHOMAS L. WOODRUFF GENERAL COUNSEL By - — 197697 7 Page 5 of 6 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: J, Clerk . APPROVED AS TO FORM P I City Attorney g 'O REVIEWED AND APPROVED: 'ity Ad inistrator INITIATE .� %ND .- PROVED. Director of Public 'orks IV69T_3 Page 6 of 6 LEGEND NEWLY CONSTRUCTED SEWER FOR HB �.�•� REMAINS CITY OF HB SEWER --- -- ------ i„trrrrrrrrrk HB SEWER TO BE ABANDONED • • •'•�• HB SEWER TO BE TAKEN OVER BY OCSD •• NEW OCSD SEWER • EXIST. OCSD SEWER TO REMAIN BY OCSD Lid ;�� CONNECTION LOCATIONJilS ® NEW CONNECTION TO CITY OF HB SEWER i NEW CONNECTION TO NEW OCSD SEWER ® NEW CONNECTION TO EXIST. OCSD SEWER i _ r �- _ ?2� \ rc 4 r', 1 x 5' - t / - f7� yr7Qf7 ass(�%tEl •�` `:,t r �Er/ Lk..t DENSE - - _ 1 _ � vas �'f ,• J �1, �'��y,�,, C� �, 1K c 1. ��T' _-~ I 'y fFiEES 1 - - - _ c�s>-7w`"^�-k-l�Y•_.-�_.1" _ _ -—i—_ - \>` _ .i __ r fl 09S2L\RC DKI� ��o ;rsca � y_¢c ✓ b ;� , , "---541 fil rsz, _.__•-.�_. ._�..__.._._�---- -- ^--•--^---.,11+�.._d�.�_-.._.._._,. __�._. __..�..: Ar - --. 5.61 ,Y,+SS .--------- 1--- I ,6 - �7 .. �__�r,__. _•ice "T?= ➢a' f'- --y.�-• L --y .t - -- - -- •- .s�',�R.rL±[-'. +.--e" -.. _�—xg..� q� !+�� -__ __ � .+��,.. �—.�( .• Pk1.S< _ A�'"'I..�. .rrr..v......rr....w.�..wwrwrw.rT�ry.1r�w..rrrr^.r.SJirr..r .�.�..++..w�.w.. rr•rvr.r�.J►aZ.�w�...>!. 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'i35 +C B.A :•�F+�+ Ke-3 r EXHIBIT "A►r 's s WARNER AVE . 7 4 '; s 4 �11 LEGEND �..�. NEWLY CONSTRUCTED SEWER FOR HB REMAINS CITY OF HB SEWER yrrarrrr�rrrry HB SEWER TO BE ABANDONED ■ ■�■'■�■ HB SEWER TO BE TAKEN OVER BY OCSD NEW OCSD SEWER - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - � 1 ;JP __ X r ry riR0UN0 :BYIGRF:L' - -c ��J�_ - .• '_ • - - 7AEr� - - - - - x X..,J. x J`' -�-_�C"y� C .6 .y _ - 't.4- - 4cSE: {L - - - - �- ?WES •3'�._ _ � Y 2 6�. i4ES - _.... ._. J =x?,2 x2l JJ X23 1 ���TRFES xe..1��e. - _ �.'_ - - ff�'Rr'� A_'____ - c -- -�. ---ZES 4 Crt04f+D OHS.CURIED \- j X2I 'JDE.NSt .l q•'., r f.++ .��'�`-- "� c ,�..._1� - � '7`i Ui+'iD 2.G >t iREfs x26 26 21 D DSsCURtD .� S -`_.Z--..�_-�,^e :i5 GRAIHD 03SC1.1 TKES �=� ++. 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I r 1 I _, ] { w� / I _`. :`�'. f r� ., 'c� '- '' 7.0 �..{ 34 {I I 1 Y.38 r--� 76_. .- l �' l �! 1 J1 • .. �b`Y If I + 11 3 - .I L.I ...-.._S. _ 111 I - ._•...__�-II-� �r -- ��Y I x I �.7 + r_ —� �' - ._ .�I �l �._�-- r, LLL x3- IJI }_ i �-- . J EXHIBIT ''A" i WARNER AVE. sr+� soF � :s Liu' ' LEGEND i _ 4 x NEWLY CONSTRUCTED SEWER FOR HB Za,, '( y m■ ■� REMAINS CITY OF HB SEWER ■�■�■����■�� HB SEWER TO BE ABANDONED ■ ■ HB SEWER TO BE TAKEN OVER BY OCSD I; f Pt '•� x ■■� NEW OCSD SEWER MH I CONNECTION LOCATIONS OO 1�1NEW CONNECTION TO CITY OF HB SEWER U @OLD CONNECTION TO CITY OF HB SEWER (ABANDONED) ��; 1 ? U © NEW CONNECTION TO NEW OCSD SEWER 1.4 :Kf~ ���` /i ',fie / / 5.3.1 /_ ' -B �'." !< •1 �. A I '� , l�` �f ! `I\ �S x r r f ---_._ -__aC. + .(n.7 i � r� �,� , �11 r.'_ �i ^ - +_: `X5`, I ��",L• � � .f., '� l ,l 1 I + p C �' \\1Mti. _._1' �,;{ X \ ! i ,�L 1 n,- , -- -f 1 4.-.., _- �,;. ,y-• x l `�. , ► _t�_r a, ! " tt }� �j{��`yy ` aSs p ` \� --- f, 1''C AsaSy ; 1C. \l ��' y_ �-✓�J� -r - w _ - ..-..----...-.-.------- ._�-------- ..__-...� ,'•..,, 7 .1� -1l� t ,', jy - I '� !- l- '.`_�,,,` '_+�� '�v+;,• :'Y'..'=�_'AFytiSi"-�..�.L:=�C-�`='-r.��'_x�l.._ __ - -^' -GGd'l�icx$�--- _•-:�,—. 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HS [f'K A r I " �.1` I 4 ..1, h\., �� •-�_. -r.�.-_ 'f 71 - r_ f... v,jf PGUL '}.:'!'/f�N�S .� I i� - }.0 cFR -rZK.. t ✓ rCL�+C -_. \�•-_ r \ _ ¢eye. + ^ ,� X J / •y..—• i !y - y I I I�I •ll,i �y,C.r ?�•, �� \, \% J„ `� { - F �d . x `,!l cr ! �� �, . 3�i EXHIBIT "A" WARNER AVE . CD s, l:r 4 of 7 �•, I I I1. i 1 t' r LEGEND NEWLY CONSTRUCTED SEWER FOR HB ol i ■�■� REMAINS CITY OF HB SEWER �r I ,i' � ` t�■■■■■■■■■■� HB SEWER TO BE ABANDONED HB SEWER TO BE TAKEN OVER BY OCS�D J Y — ■■� NEW OCSD SEWER 1 i; i "'Q" r� CONNECTION LOCATIONS !I NEW CONNECTION TO CITY OF HB SEWER NEW CONNECTION TO NEW OCSD SEWER r 26.3 �i .:t I /.42 's lE I / ' xQ4 x li` I � r•�" � -- _��ll .��,X`.� ._151:�1.L�L1LT�. _ l? ;ry === sF". yZ• C' X �L � S .r 2 4 Re-, S - x10+ - - - - - - - - - - - - - - - -65 --------------- l� 4 � �' -- -- -..-- _. ` --++��• ^.��'- --���J'T`—"`':�—~ f+�.._.�_ 4 — . - •..1 •.wv....rf.rw• r••r..... • . r.•..•.. w.w• ! J �: `,SR•�j1�/�`1 /� 1 � / yI / ..••s.,?l • k ,..... s....�,. /w+ �777LLLL////// w Z. J /27 .....••.aarw —71 r•�i.lav�J.. ��..w..� ..�.'i a a■��a r�� .' 5 T �� it a�a■� a a a•.w.lr�.! a . ��� 4 GPM" 03SEUPED -- -- _•�___ '�f- •____ ..... SJ.�� .K 1 ^, r" � _ -_�iV'-__-jam 1 __ Tom- - L. '1 .�LA . Y .. ... 2a8 I 1 ,�,( 1. 1{' r-�-Z--------•-�-'. . ......__..,_.—� _ ice- _ — �1r '- Y1-- J- f��, �fi< � �� yt, ti\ - --�+- — ---T�• —fix__.. _ 2, —�Y � - - - {{ 4 .,; ':.rE•n' t.'s LLJ �A 1 k ^ ` --< OWL ipe�- t !h'l.y- ` �f�,.0 '1� i�y{s�=T �J``�_ _ 7.A •1 %.� i 1 (, •2 `�• / rf',U_ i X�'\�� XJ c�,S,r �-' 4•• 1 1 X rcHC "2.7 � i Llj I W R AVE . EXHIBIT "A" WARNER n j II I SHEET 3 OF 7 t I i E ,i LEGEND jl NEWLY CONSTRUCTED SEWER FOR HB i ; i �•�■� REMAINS CITY OF HB SEWER ; i j I ` ■■■■■■••■■� HB SEWER TO BE ABANDONED ;i ■���� ��� HB SEWER TO BE TAKEN OVER BY OCSD i NEW OCSD SEWER CONNECTION LOCATIONS , NEW CONNECTION TO CITY OF HB SEWER it 7O NEW CONNECTION TO NEW OCSD SEWER ,1 �I F \ I I VR2"— rrn I Ji.b .� I i _ i.'{TM�., L. .._'%-___• �' \Y, X x ram' _.4 x..�` 1 ..i.,'? a �.:1 l 37:i I J�.S nSE` I 1 l3 I,..__. 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I CONNECTION LOCATIONS NEW CONNECTION TO CITY OF HB SEWER I Q ji NEW CONNECTION TO NEW OCSD SEWER 35,7 I! x 366 * I I I I 4 �._ ASPli x36.5 X363 K357 �345 y < 4 jll 3� X � '�L_ - k7a1 73,T x �T� y y 1 1 +� 3x6a I I l I ►u+ �\ MPH o �1' l I � i� � 3S 3 .sPM 351 �` + ASPH L� ! 361 K .1 x3(.f x362 y 11 k I ](�� x ice'. �"rH � � 1C-4 349 t �_ . � �.J 346 k j x S1G11 J x'336 1x34e' S >< _� ._--_ I I ,y1I' _ _ 1---- --._k:146� x314.74 I 3 I r �'!51 - tl 35.7 _- 31.: � i _ Y.33.2 _ 344 K74.9J. A �g1r1.7 —_ .�. -TS x � ; t� - 4 r- _r _-- --- _ - - ATpF'!• � 35.3 ---ram r .,.� -' X34�.. � _ _ JL ITT- '~ ^` f�_ s _,- }F_{-'VI - - C•� :�. _ '-- :---___-' _4 _ _ ___,_.� -*�tnr _"__.:- - _; -- - ��� ---.-� •�= -=ter== .�_ �--•-�• -- -- � -.�• ' _..._-- ----- -�- - - -�- - - - - - - - - - - - - - - - - - - - _ X 36 3��._�,..__ __ -_.--.-.-X 36 I _ _ �_.�1...�__�_ - -`-� - I , -- / I .T l�_.�_..__-�---------T--•.-1�:>_�._-.��i:� _ _ - - _�- r■`■ ■ ■rr_ �_� ■,�. 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C r I S.CAi �SPr' a 4 / -F� x-..�_�rl� I x l� ��C�; Z`1 _ �.� _- _ i S. d. i i x _� I i 1 I I 134 S.jN 1 ,T'i 'k - •I ^k:16 9 :i4 E ' r I I --~ frt�yLASPN K36• 71,1 -�{f / hJ52 ---- 1 f (3h I �* 3 ! 1 I 37.1 r \yPri l /I f -T,l ! tL'f�I'. 1 1...,1A.�v H- l i 'S ^�r- k!6 6 961 ASP11 x / 1 I '\ r / —I 365 6- /�.l �I t ' +I •� ` \ -1--- a$FI• +/ y �' 7.7y -x3h, 3)2 x x Y, 36 X X316 f >+ d ,WARNER 1'.3S.7 ._ I�; EI s ;co' AVE. ,r343 ._J I 16ffFit+l"'I CAL ; EXHIBIT A oldI SHM I of 7 i 1 0 6 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Agreement with the Orange County Sanitation District for the Warner Avenue Relief Sewer COUNCIL MEETING DATE: Aril 18, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (wlexhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ UA reement wlexhibits if applicable Attached Contract/Agreement g ( ) Not Applicable ❑ (Signed in full by the City Attorney) Ll Subleases, Third Pa Agreements, Attached Party g , etc. Not Applicable (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attome Attached � PP Y Y Y} Not Applicable Attached 11 Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable applicable) Attached Bonds (If a Pp ) Not Applicable Attached El Staff Report (If applicable) Not Applicable Commission, Board or Committee Re ort If applicable Attached p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached El Findin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial [City Clerk ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author SEK