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HomeMy WebLinkAboutOC SANITATION DISTRICT BUSHARD TRUNK SEWER PROJECT - TEMPORARY FIRE STATION - 2003-02-18, r 2006 NOV -8 PH 5* 12 ;'� `' 1.': Council/Agency Meeting Held: 'a - fiU11Tlt,1GT0 Deferred/Continued to: Sr Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signaf6re Council Meeting Date: 11/20/2006 Department ID Number: FD 06-011 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN ELOP�'CULB TH-GoRRAFT, DPA, ity Administrator PREPARED BY: DUANE OLSON, Fire Chi ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: AMENDMENT OF AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT FOR A TEMPORARY FIRE STATION FACILITY DURING CONSTRUCTION OF THE BUSHARD TRUNK SEWER Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Due to changes in relevant costs resulting from delays in the Orange County Sanitation District's Bushard Trunk Sewer Project, it is recommended that the City Council approve the amended agreement (Attachment 1) for reimbursement for a -temporary fire station facility during project construction. An accompanying indemnification agreement (Attachment 2) with the City, Sanitation District and the Fountain Valley School District is also attached for approval. Funding Source: Not applicable. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the attached amended reimbursement agreement with the Orange County Sanitation District and the accompanying indemnification agreement with the City, Sanitation District and the Fountain Valley School District. Alternative Action(s): Do not approve the amended agreement with the Orange County Sanitation District, and accompanying indemnification agreement with the City, Sanitation District and the Fountain Valley School District, which would adversely impact the Fire Department's emergency responses in the area around Fire Station 3-Bushard. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: FD 06-011 Analysis: The Orange County Sanitation District (District) is currently constructing the Bushard Trunk Sewer from the Plant 2 facility (near Banning Avenue and Brookhurst Street) to the City limits (near Garfield Avenue and Bushard Street). During design of the project, Fire Department staff determined that Fire Station 3-Bushard, located on the west side of Bushard Street between Yorktown and Adams Avenues, would not be able to provide emergency response abilities as defined by the City's General Plan during certain phases of the construction. Therefore, the City is requiring the District to provide a temporary fire station facility at a predetermined site east of Brookhurst Street and north of Yorktown Avenue on the Lamb School site while construction is active on Bushard Street between Adams and Garfield Avenues. The temporary facility and Fire Station 3- Bushard will provide emergency services during the approximately three months of construction activity. The agreement was approved by the City Council at its February 18, 2003 meeting. It provides for the District to reimburse the City for all costs associated with the temporary living quarters and appurtenances, including costs for staffing the station for the duration of the relocation. However, due to project delays, and consequent changes in reimbursable Fire Department labor costs, it is necessary to approve the attached amended agreement. Also attached is an indemnification agreement between the City, Sanitation District, and Fountain Valley School District. It supersedes the previous agreement which was also adopted on February 18, 2003. The only change in the new indemnification agreement is that the Huntington Beach Union High School District was deleted due to their no longer being involved in the project. Public Works Commission Review: Not required. Environmental Status: None Attachment(s): -2- 10/27/2006 8:56 AM AMENDED AND RESTATED JOB NO. 1-2-4 REIMBURSEMENT AGREEMENT This Amended and Restated Reimbursement Agreement is made this 2 0 t hday of N o v e m b e r , 2006, by and between: F—Ime Orange County Sanitation District, a County Sanitation District (hereinafter referred to as "District") City of Huntington Beach, California, a municipal corporation (hereinafter referred to as "City") Recitals: District is in the process of constructing a new "Bushard Trunk Sewer" to replace the existing Bushard Trunk Sewer ("District's Project"). The District's Project is generally located under Bushard Street in the City. City has determined that the construction of the Bushard Trunk Sewer will impact its Fire Department's emergency response ability, as defined by the City's General Plan, on Bushard Street between Adams Avenue and Garfield Avenue. City has determined that a temporary fire station facility located on the east side of Bushard Street will eliminate any impact District's Project may have on City's Fire Department's emergency response ability. District and City previously entered into a Reimbursement Agreement, dated February 18, 2003 (the "Prior Agreement"), concerning the subject matter covered by this Agreement. Due to changes in relevant costs as a result of delays in District's Project, the Parties desire to enter into this Amended and Restated Reimbursement Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: SECTION 1 Elements of Agreement District and City will work together to provide a temporary fire station facility during the construction of the Bushard Trunk Sewer which impacts the emergency response ability of the Fire Department. In this regard, District intends to enter into a license agreement with Fountain Valley School District and/or Huntington Beach Union High School District to provide for temporary fire station facilities which meet City's emergency response needs. 507883.1 SECTION 2 District's Specific Obligations District shall: (a) Provide for use and set up of temporary fire station facilities, including costs incurred. The temporary fire station facilities shall include a 12 X 56 foot trailer with furniture, security covers, fencing, telecommunications lines, electrical and other utility services as necessary. Initial setup and removal costs shall not exceed Ten Thousand Dollars ($10,000.00). Monthly lease and utility costs shall not exceed Five Thousand Five Hundred Dollars ($5,500.00) for a maximum period of three (3) months. District's obligation for leasing and set-up charges shall not exceed Twenty -Six Thousand Five Hundred Dollars ($26,500.00). (b) Reimburse City for reasonable Fire Department staffing costs for the temporary fire station facilities. Staffing costs shall not exceed Three Thousand Fifty Dollars and Zero Cents ($3,050.00) per 24- hour period for a maximum period of three (3) months. SECTION 3 City's Specific Obligations City shall act in good faith to limit the operation of the temporary fire station facilities to only that period which is required to eliminate the impact of the District's Project on the Fire Department's emergency response ability. SECTION 4 Timing of Reimbursement When the need for the temporary fire station facility has ceased, City shall perform an accounting to determine the total amount owed by District. Upon completion of the accounting, City shall submit an invoice to District along with a detailed breakdown of the reasonable costs incurred by City, which District shall pay within forty-five (45) days of the date that District receives the invoice. In no event shall the total amount owed by the District for staffing costs pursuant to this Agreement exceed Two Hundred Thirty -Eight Thousand Dollars ($238,000.00). SECTION 5 Hold Harmless District shall defend, indemnify and hold harmless City, its elected and appointed officials, from any and all claims, damages, or demands arising out of District's performance of its obligations under this Agreement. City shall defend, indemnify and hold harmless District, its elected and appointed officials, from any and all claims, damages, or demands arising out of City's performance of its obligations under this Agreement. 507883.1 2 SECTION 6 Term This Agreement shall commence on the date set forth at the beginning of this Agreement and be in full force and effect until the specified obligations of both Parties have been fulfilled or this Agreement has been rescinded by both Parties. SECTION 7 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, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. SECTION 8 Notices All notices shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, 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 Attn: Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708-7018 To City: City of Huntington Beach Attn: David Webb, P.E. 2000 Main Street Huntington Beach, CA 92648 SECTION 9 Force Maieure 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, Acts of God, strike or labor dispute, war or other violence, acts of third parties not within City's reasonable control or any law, order or requirement of any governmental agency or authority. SECTION 10 Governing Law This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. 507883.1 3 SECTION 11 Entire Agreement This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between the Parties pertaining to the subject matter thereof. SECTION 12 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 13 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 14 Supersedes Prior Agreement This Agreement supersedes and replaces that certain Reimbursement Agreement between the Parties dated February 18, 2003, in its entirety, and the February 18, 2003 Agreement shall be null and void and of no effect. SECTION 15 Counterparts This Agreement may be signed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. "DISTRICT" ORANGE COUNTY SANITATION DISTRICT 507883.1 4 "CITY" CITY OFF HHUNTINGTON BEACH By 04-r'C Mayor s INITIAT D APPROVE By Director of Public Works ATTEST: - it Clerk APPROVED AS TO FORM B y 1� Y�CityAtfttdrne� (y�sv -011-11-6LG 507893.1 ATTACHMENT #2 INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is made and entered into on this2 0 t hday of N o v . , 2006, by and between: AND ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "OCSD"; CITY OF HUNTINGTON BEACH, California, a Municipal Corporation, hereinafter referred to as "City"; FOUNTAIN VALLEY SCHOOL DISTRICT, an Elementary School District, hereinafter referred to as "FVSD"; RECITALS WHEREAS, OCSD 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, FVSD is a duly organized Elementary School District existing pursuant to California Constitution Article IX, section 14; and WHEREAS, OCSD and City entered into an Amended and Restated Reimbursement Agreement on N o v . 2 0, 2006, whereby OCSD agreed to reimburse City for the set up and operation costs of a temporary fire station facility while OCSD replaces its existing Bushard Trunk Sewer; and WHEREAS, OCSD and FVSD entered into a License Agreement on Sept 15 , 2006, whereby FVSD agreed to allow placement of a temporary City fire station facility on real property located at 10251 Yorktown Avenue, Huntington Beach, California, 92646 (the "Property"); and WHEREAS, OCSD and City are parties to that certain Indemnification Agreement, dated September 24, 2003 ("Prior Agreement"); and 166732.1 Page 1 of 5 507939-2 WHEREAS, the OCSD and City intend for this Indemnification Agreement to supersede and replace the Prior Agreement in its entirety as it relates to the reciprocal obligations of OCSD and City. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1. The recitals set forth above are true and correct and are incorporated into this Agreement. Section 2. OCSD agrees to indemnify, defend, and hold FVSD and City, and their respective Governing Boards, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims, or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of OCSD, its employees, contractor(s), subcontractor(s), or agent(s), in connection with the set up, operation and removal of the temporary fire station facility on the Property. Section 3. City agrees to indemnify, defend, and hold FVSD and OCSD, and their respective Governing Boards, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims, or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of City, its employees, contractor(s), subcontractor(s), or agent(s), in connection with the set up, operation and removal of the temporary fire station facility on the Property. Section 4. FVSD agrees to indemnify, defend, and hold City and OCSD, and their respective Governing Boards, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims, or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of FVSD, its employees, contractor(s), subcontractor(s), lessees, or agent(s), in connection with the set up, operation and removal of the temporary fire station facility on the Property. Section 5. All notices shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, 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 OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92728-8127 Attention: General Manager Telephone: (714) 962-2411 Facsimile: (714) 962-0356 166732.1 Page 2 of 5 507939.2 To City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: David Webb, P.E. Telephone: Facsimile: To FVSD: Fountain Valley School District 10055 Slater Avenue Fountain Valley, CA 92708 Attention: Barry Blade Telephone: (714) 843-3251 Facsimile: (714) 843-3252 Each Party may, by written notice to the others, designate a different address, which shall be substituted for that specified above. Section 6. 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 7. This Agreement may be altered, changed, or modified only by a written amendment, which shall be signed by each Party. Section 8. Nothing herein is intended to alter the terms and conditions of the Reimbursement Agreement and License Agreement previously referred to herein. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. C=FAM-7000 � r "I'la ORANG COUNTY SANITATION DISTRICT G By air, Board of Directo By Penny K le Secretary of the Board of Directors [Signatures Continued on Following Page] 166732.1 5079A2 Page 3 of 5 CITY OF HUNTINGTON BEACH By Mayor By Direct/blic W REVIEWED APP VED: By _ &W City Administrator �r ATTEST: ty Clerk APPROVED AS TO FORM By ,�City Attorney [Signatures Continued on Following Page] 166732.1 Page 4 of 5 507939.2 FOUNTAIN VALLEY SCHOOL DISTRICT S C nten ent Byi�-� Assistant Superintendent, Business Services m 166732.1 Page 5 of 5 507939.2 RCA ROUTING SHEET INITIATING DEPARTMENT: Fire Department SUBJECT' Amendment of Agreement with Orange County Sanitation District for a Temporary Fire Station Facility During Construction of the Bushard Trunk Sewer COUNCIL MEETING DATE: November 20, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) jZ Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ plicable No ❑ Staff Report (If applicable) ❑❑ NoAttached t A licable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial ) City Clerk ( ) IATION FOROF (Below Space Foi- City Clerk's Use Only) RCA Author: Olson/Justen/Beardsley/Daily ;,, je CITY OF HUNTINGTON BEACH NOW 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 1, 2006 General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley CA 92728-8127 Re: Amended and Restated Reimbursement Agreement; Indemnification Agreement Dear Sir: Enclosed for your files are original signed copies of the Indemnification Agreement between the Orange County Sanitation District (OCSD), City of Huntington Beach and Fountain Valley School District, and the Amended and Restated Job No. 1-2-4 Reimbursement Agreement between the OCSD and the City of Huntington Beach, approved by the Huntington Beach City Council on November 20, 2006. Sincerely, Joan L. Flynn City Clerk JF:rI Encl.: Indemnification Agreement Reimbursement Agreement c: Kevin Justen, Senior Administrative Analyst, Fire Linda Daily, Principal Analyst, Public Works G:followup:agrmtltr (Telephone: 714536-5227) a I na Vol CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 1, 2006 Barry Blade Assistant Superintendent, Business Services Fountain Valley School District 10055 Slater Avenue Fountain Valley CA 92708 CALIFORNIA 92648 Re: Amended and Restated Reimbursement Agreement; Indemnification Agreement Dear Mr. Blade: Enclosed for your files are original signed copies of the Indemnification Agreement between the Orange County Sanitation District (OCSD), City of Huntington Beach and Fountain Valley School District, and the Amended and Restated Job No. 1-2-4 Reimbursement Agreement between the OCSD and the City of Huntington Beach, approved by the Huntington Beach City Council on November 20, 2006. Sincerely, an L. Flynn City Clerk JF:rI Encl.: Indemnification Agreement Reimbursement Agreement c: Kevin Justen, Senior Administrative Analyst, Fire Linda Daily, Principal Analyst, Public Works G:foI1owup:agrmtltr (Telephone: 714-536-5227 ) D 1006 MAR 21 AM to: 14. Council/Agency Meeting Held: �%3 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied a. --I Citirleifs SiciYature Council Meeting Date: April 3, 2006 1 Y ,- Department ID Number: PW 06-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AN COUNCIL MEMBERS SUBMITTED BY: PE L ULB� GRAFT, Y INISTRATO PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR O - PUBLIC W KS SUBJECT: Approve Cooperative Agreement with OCSD for Bushard Sewer Trunk Installation Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: A cooperative agreement between the City and the Orange County Sanitation District (OCSD) has been drafted, for the remaining construction of the Bushard Sewer Trunk project. Funding Source: No funding necessary for this action. The City will be reimbursed for required inspection and any damage to City infrastructure. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement by and between the City of Huntington Beach and the Orange County Sanitation District for the Bushard Sewer Trunk Installation. Alternative Action(s): Do not approve the agreement and direct staff on how to proceed. E -3 ;EActl REQUEST FOR ACTION ` MEETING DATE: April 3, 2006 DEPARTMENT ID NUMBER:PW 06-13 Analysis: The Orange County Sanitation District is beginning Phase 2 of the Bushard Sewer Trunk Project. Based on the difficulties incurred during construction of the first phase of this project, the City Attorney's office recommended that the City initiate a cooperative agreement with the District. The agreement affords the City greater protection against any potential liability related to this project. In addition, Public Works staff has added numerous conditions to the agreement that identify City concerns and resources. OCSD's staff is amenable to this agreement and, to expedite its approval, it is being processed concurrently through the OCSD Board of Directors and is scheduled for its March 22, 2006 meeting. Any modifications to the contract will be reported by staff as a late communication. Public Works Commission Action: Not Applicable Environmental Status: Not Applicable Attachment: G:%R C Al2006106-013 Apr 3 Broussard (OCSD Coop Agreement- Bushard) doc -2- 3116/2006 1:01 PM ATTACHMENT #1 1 COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE ORANGE COUNTY SANITATION DISTRICT FOR BUSHARD SEWER TRUNK INSTALLATION This Cooperative Agreement ("Agreement") is made and entered into on this day of , 2006, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY, and the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT'. WHEREAS, pursuant to California Health & Safety Code Section 4759.1(c), DISTRICT has requested the CITY to agree to the location of sewerlines and the conditions of the construction, operation and maintenance of such sewerlines in City streets, and CITY desires to make the requested Agreement, and The parties wish to enter into an agreement defining their respective rights and responsibilities concerning said sewerlines, NOW, THEREFORE, in consideration of the promises and agreementshereinafter made and exchanged, the parties covenant and agree as follows 1 PERMISSION Permission is hereby given to DISTRICT to enter upon and use the public right of way as depicted on the map attached hereto as Exhibit "A" owned by CITY, for the purpose of installing and constructing a 108" sewer trunk pipeline 2. TERM The term of this Agreement shall be perpetual_ 3. COMPENSATION CITY expenses shall be reimbursed in accordance with the "Conditions Of The Cooperative Agreement By And Between The City Of Huntington Beach And The 0 i Orange County Sanitation District For The Bushard Trunk Sewer Pipeline Project" attached hereto as Exhibit A. 4. CONSTRUCTION The 108" sewer trunk pipeline and its appurtenances shall be constructed and maintained in conformance with the conditions of this Agreement, and the plans and specifications submitted to CITY by DISTRICT_ 5. INSPECTION DISTRICT shall provide all required inspection services for the 108" sewer trunk pipeline and its appurtenances and certify to CITY that the work has been completed in conformance with the approved plans. specifications and encroachment permit. DISTRICT's inspectors shall cooperate with CITY inspection staff to insure the encroachment permit conditions are met. 6 MAINTENANCE DISTRICT agrees to care for and maintain the 108" sewer trunk pipeline and its appurtenances in good and satisfactory condition as acceptable to the CITY. Any repairs due to trench settlement over the transmission pipeline, related to installation, will be the responsibility of DISTRICT and shall be made within a reasonable time after notification at no cost to CITY. In the event DISTRICT does not maintain or repair any failures of the 108" sewer trunk pipeline in a satisfactory manner, DISTRICT authorizes CITY to perform such maintenance on DISTRICT's behalf. Alf costs incurred performing said maintenance shall be assessed to and billed directly to the DISTRICT_ DISTRICT agrees to pay such costs within ten (10) days of billing. 7_ [Intentionally Omitted] B. INDEMNIFICATION, DEFENSE, HOLD HARMLESS DISTRICT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to DISTRICT'S employees and damage to DISTRICT'S property, arising directly or indirectly out of the obligations or operations herein undertaken by DISTRICT, caused in whole or in part by any negligent act or omission of the DISTRICT, any subcontractors. anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except to the extent caused by the negligence or willful misconduct of the CITY. DISTRICT will conduct all defense at its sole cost and expense and CITY shall approve selection of DISTRICT'S counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by DISTRICT 9. WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, DISTRICT acknowledges awareness of Section 3700 et seq_ of said code, which requires every employer to be insured against liability for worker's compensation; DISTRICT covenants that it will comply with all such laws and provisions prior to the encroachment into the public right of way pursuant to this Agreement - DISTRICT shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY 10. INSURANCE a. Self-insurance DISTRICT shall, through its self -insured status, provide general liability -type coverage for bodily injury and property damage up to and including the first $1,000,000. b. Excess insurance DISTRICT shall carry at all times incident hereto, on all activities to be performed in the public right of way as contemplated herein, excess general liability insurance, including coverage for bodily injury, and property damage. Said insurance shall provide coverage in excess of $1,000,000 as the DISTRICT is self - insured up to and including this amount All insurance shall be underwritten by insurance companies in forms satisfactory to the CITY. Said excess insurance shall name the CITY, its officers, agents and employees as Additional Insureds. DISTRICT shall subscribe for and maintain said insurance policies in full force and effect during construction, in an amount of not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, DISTRICT shall immediately notify CITY of any known depletion of limits_ DISTRICT shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same 11. CERTIFICATIONS OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to the construction in the public right of way pursuant to this Agreement, DISTRICT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this 4 0 0 Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. DISTRICT shall maintain the foregoing insurance coverages in force until construction is complete. 12. INDEPENDENT CONTRACTOR DISTRICT agrees that all work done or undertaken by it on the 108" sewer trunk pipeline and its appurtenances shall be for its sole account and not as an agent, servant or contractor for CITY_ DISTRICT agrees to indemnify and hold CITY and the Property harmless from and against all claims or liens of workmen and material men_ 13_ NO ASSIGNMENT DISTRICT agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. Nothing herein shall prevent the District from employing contractors or subcontractors to perform the work subject to this Agreement_ 14_ NO TITLE INTEREST No title interest of any kind is hereby given and DISTRICT shall never assert any claim or title to any other facilities under this Agreement_ 15. NOTICES Ali notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U-S. Mail, postage prepaid, and certified with return receipt requested and addressed to DISTRICT or to CITY at the respective addresses shown below: 5 TO CITY: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 16. NO DISCRIMINATION TO DISTRICT: Director of Engineering Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728 DISTRICT agrees that in the performance of this Agreement and in the uses authorized hereunder, it shall not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 17. ATTORNEY'S FEES 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. 2 18. ENTIRETY This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Orange County Sanitation District By: Chair, Board of Directors Secretary, Board of Directors APPROVED AS TO FORM: General Counsel City of Huntington Beach, A municipal corporation of the State of California ICE ` Mayor 14-715"ROVED �i/ � NEW,`,•FORM: UL s so%GG Attorn y V'- (q /t& REVIEWED AND APPROVED: 1 City Ad. inistrator INITIATED AND APPROVED: Director of Public Works 7 18. ENTIRETY This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Orange County Sanitation District By:12� _ Chair,` Beard of Directors , SecretaryBoard o irectors A OVED AS TO FO M: General Counsel City of Huntington Beach, A municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Administrator INITIATED AND APPROVED: Director of Public Works 7 N r S""" EXHIBIT A --- Cooperative Agreement by and between the City of Huntington Beach and the Orange County Sanitation District for Bushard Trunk Sewer Installation Limits of Public Right -of -Way Covered by Agreement THE NV J w z z 4 s U ELLIS AV y FOUNT FIELID AV YORKTOWN a ADAMS AV cn 1.I ATLANTA w z HAMILTON AV W C J x No 2 C 4p ziZ-)4- Panacea Drive to Garfield Avenue Limits Covered by Agreement ----------------------------------------------------- OCSD/030706/bushard_ExhibitA_coop 0306.cdr EXHIBIT (CONTINUED) CONDITIONS OF THE COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE ORANGE COUNTY SANITATION DISTRICT FOR THE BUSHARD TRUNK SEWER PIPELINE PROJECT Unless otherwise noted, the term "District" shall refer to the Orange County Sanitation District including its designated Contractor and Sub -contractors and CHB shall refer to the City of Huntington Beach. CHB STAFF UTILIZATION — District shall compensate CHB for City staff time required relative to this project. Prior to start of construction, District shall remit $25,000 to CHB to supplement the current remaining funds from phase 1 of this project. Should additional funds be necessary, CHB will request additional funds once the fund balance reaches 10% remaining. CHB will submit expenditure data every two months upon execution of this agreement. Any unexpended funds shall be reimbursed to the District upon completion of the final one-year warranty period. 2. ENCROACHMENT PERMITS — Prior to the start of any work, District's Contractor and any of its subcontractors are required to obtain a no fee city encroachment permit. A minimum 48-hour notice to the CHB Inspector's is required. 3. NPDES — District shall maintain BMP's on a daily basis or as directed by the CHB Inspector. CHB and District shall review requirements at the pre -construction meeting. 4. TRAFFIC CONTROUSIGNALING — a. District shall submit revisions to the approved traffic control plans 3 weeks prior to proposed implementation to allow for CHB review and approval. CHB shall endeavor to process requests for revision approval in a timely manner. b. District Inspector(s) shall verify that all necessary traffic control equipment/materials are on -site prior to implementing CHB approved traffic control plans and that all temporary or permanent detection is maintained at all intersections prior to final acceptance of the permanent signal(s). In addition, all wireless detection will be installed per the manufacturer's specifications. c. District shall maintain all temporary traffic signal equipment until the permanent signal(s) have been established and accepted by the CHB. Any damaged equipment shall be replaced with new equipment meeting the CHB current standards. d. District response time shall be treated as an immediate emergency response (24-7), for traffic signal malfunctions related to this project, which occur prior to final CHB acceptance of all traffic signal work. Upon final acceptance of all traffic signal work by CHB, and prior to final warranty period, CHB shall respond to traffic signal malfunctions. Should it be determined that the malfunction is related to the project, CHB shall provide justification and cost to District for reimbursement. e. (1) Adjacent full block closure will be limited to an eight -week period to allow for completion of work in each southerly construction segment. District will make good faith efforts to minimize the duration of full block closures. If the City requires additional roadway improvements and enhancements beyond those agreed to pursuant to Section 7, below, the eight -week period for full block closure shall be extended for such time as is reasonably required to implement the additional roadway improvements and enhancements. Full block closures shall only be initiated on a block after District submits and City approves a traffic control plan for that block and the roads serving neighborhoods adjacent to the block. (2) Full block closure between Yorktown and Adams shall be subject to review, approval and conditions required by the City Fire Chief. 5. WATER SYSTEM — District shall install any and all cut -in valves and/or water high -lines determined necessary for uninterrupted water supply in case of potential damage to the existing water system directly related to the project. District and CHB shall determine identifiable locations at or prior to the pre -construction meeting. 6 SANITARY SEWER SYSTEM — District shall be responsible for providing immediate containment, evacuation, disposal and cleanup of raw sewage released outside of any closed sewer system caused from District's work and shall be responsible for providing proper notification to any State agency(s) of any sewage releases. 7. ROADWAY RESTORATION — District shall restore roadway improvements including but not limited to the roadway section, traffic signal system, striping and curbs, gutters and sidewalks, which have been damaged by OCSD contractor work as a result of project. District agrees to restore adjacent and related improvements above and beyond said damaged improvements as requested by CHB at sole cost of CHB. CHB and District staff shall meet at, and survey, the project location on or before March 3, 2006 for the purpose of identifying additional roadway improvements and enhancements that the CHB proposes to add to the project above and beyond restoration of damaged improvements. District shall obtain a cost estimate from its contractor to add the additional roadway improvements and enhancements to the project by change order. Within ten (10) days of receipt by CHB of the estimate, CHB shall elect in writing whether to proceed with the additional roadway improvements and enhancements. If CHB elects to proceed, District shall approve a change order with its contractor for the work, and CHB agrees to reimburse District for the actual costs incurred to complete such additional roadway improvements and enhancements. 8_ SURVEY - a. District shall be responsible for protecting, restoring, replacing or reestablishing benchmarks and monuments or accessories to said monuments, Le-, tie points. All restoration, replacement, replacement or reestablishment of said points shall be done pursuant to sections 8700 to 8806 of the Business and Professions Code of the State of California (L.S. Act)_ b. District shall submit Preconstruction Corner Records required for monuments or accessories to the same (tie points), which are subject to disturbance to the CHB for cursory review prior to filing with the County of Orange_ Submittal shall take place two weeks prior to construction activities related to said monument_ c. District shall ensure prior to the completion of construction that all monuments found at the locations where Pre Construction Corner Records were provided, shall be replaced in kind, as the monument was in a standard well, it shall be replaced by a monument in a standard well, if the monument is an iron pipe or spike of some type, it may be replaced with a permanent survey marker at the discretion of the responsible party and a Post Construction Corner Record filed. District shall raise to grade all monument wells and monumentation. CHB shall inspect and notify District of any monumentation of concern. 9. WARRANTY — District shall provide to CHB a warranty schedule on completed items. District is to make any repairs, adjustments or other observed defects under warranty, within 7 working days, except for items, which require an immediate emergency response. 0 RECE11.'ED 1006 APR 17 AM 11: 34 C!..t, CL c.' ; C-1 T Y C, •- WUN� , if;i;TG' JL C'i LETTER OF TRANSMITTAL 0 TO: DATE: RE: FROM: ' Orange County Sanitation District 10844 Ellis Avenue %G Fountain Valley, CA 92708-7018 (714) 593. c -7&.f5 WE ARE SENDING YOU ❑attached ❑shop drawings [—]prints ❑plans ❑copy of letter ❑ under separate cover the following- ❑samples ❑ specifications ❑ordinance other= ORIGINALS COPIES DATE OR NO. DESCRIPTION 3 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 Elas requested ❑ returned for corrections Vreturn ❑ corrected prints ❑ for review and comment d other- F<42- IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE Signed Title E DM S. 003798110 Revised 10i20105 RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: OCSD Cooperative Agreement for Bushard Sewer Trunk Installation COUNCIL MEETING DATE: Aril 3, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appilcabte IJ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not licable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed to fuil by the City Attorne Subleases, Third Party Agreements, etc. AttachedNot Applicable Ll El (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attome AP Y Y YJ Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable El ❑ Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report If applicable) P ( PP ) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial Pity Clerk } EXPLANATION FOR RETURN OF ITEM: RCA Author: T. Broussard F/ TO: FROM: SUBJECT: DATE: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Jennifer McGrath, City Attorney Connie Brockway, City Clerk 010/9& Follow-up to My Request for Information Relative to Indemnification Agreements October 13, 2003 The attached Indemnification Agreement between the OCSD City and HBUHSD was bouncing around city hall - the Mayor's signature line was removed at the direction of your office - yet the Clerk's attest line remained. There was not a signature space for a city officer to sign - just initiated and approved signature spaces and they had been signed. I advised the dept that they should see the City Attorney to clarify what was going on - I am now glad that it is finally ready to be filed. The Deputy City Clerks always look for minute action to match up with a joint agency agreement (except for PS Agreements). We have a Reimbursement Agreement with the OCSD approved by Council on 2/18/03. 1 will place this Indemnification Agreement in that file. However, the Clerk's Office requires a memorandum from the City Attorney's Office verifying that this agreement was not required to go to Council. This request is not connected with our current disagreement - this has always been the policy - as Gail Hutton would prepare the verification so that any person or agency reviewing the agreement would be aware that Council approval was not necessary. Please see attached original agreement for your review. Thank you. gIcbmemos/Indemnification agreements-le.doc 10/6/04 Jennifer, Justin brought this by for the Clerk's attest. The Mayor signature line has been whited out I believe as Fire Dept was advised that this Indemnification Agreement does not have to be sent for Council approval. The City Clerk's Attestation line is there as it had been made out for the Mayor to sign. However there is not a city officer signature except as "initiated and approved". The agreement itself matches up with an agreement approved by Council that I have attached for you to review. In that agreement it mentions amendments to be made by the same parties. Please inform as to how you wish this agreement to be made out and executed. Justin needs to send to School District, the O.C. Sanitation and we need our copy. Indemnification Agreements that I have in the vault between agencies have been approved by Council. Please advise me in writing if indemnification agreements such as this one with a previous Council approved agreement — no longer have to be signed by the Mayor or City Clerk. The Clerk's Office requires direction so that the new deputies may be trained. If the City Clerk's ATTESTATION is to remain please indicate the City Officer who is signing. This Indemnification has been signed by the Chair Board and the Chair Secretary. If this agreement is not to be presented to Council and in order for this agreement to be on file in the City Clerk's Office, please give me the code I can rely on when City Departments give the Clerk's Office agreements to sign that are like this — - prepared for Mayor and City Clerk — then the Mayor removed at the City Attorney's Office direction but no other party signing. Thanks, CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To: Connie Brockway, City Clerk From: Kevin Justen, Administrative Deputy�Q Date: October 9, 2003 rT SUBJECT: Indemnification Agreement Attached is an executed copy of the Indemnification Agreement with the Orange County Sanitation District and Huntington Beach Union High School District. Executed copies have also been provided to them. Attachment INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is made and entered into on this 24 day of September, 2003, by and between: 6 AND ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "OCSD''; CITY OF HUNTINGTON BEACH, California, a Municipal Corporation, hereinafter referred to as "City"• HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT, a High School District, hereinafter referred to as "District". RECITALS WHEREAS, OCSD 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 is a duly organized High School District existing pursuant to California Constitution Article IX, section 14; and WHEREAS, OCSD and City entered into a Reimbursement Agreement on February 18, 2003, whereby OCSD agreed to reimburse City for the set up and operation costs of a temporary fire station facility while OCSD replaces its existing Bushard Trunk Sewer; and WHEREAS, OCSD and District entered into a License Agreement on September 24, 2003, whereby District agreed to allow placement of a temporary City fire station facility on real property located at the Huntington Beach Union High School District Education Center. NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: 166732.1 Page 1 of 4 Section 1. The recitals set forth above are true and correct and are incorporated into this Agreement. Section 2. OCSD agrees to indemnify, defend, and hold District and City, and their respective Governing Boards, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims, or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of OCSD, its employees, contractor(s), subcontractor(s), or agent(s), in connection with the set up, operation and removal of the temporary fire station facility located at the Huntington Beach Union High School District Education Center. Section 3. City agrees to indemnify, defend, and hold District and OCSD, and their respective Governing Boards, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims, or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of City, its employees, contractor(s), subcontractor(s), or agent(s), in connection with the set up, operation and removal of the temporary fire station facility located at the Huntington Beach Union High School District Education Center. Section 4. District agrees to indemnify, defend, and hold City and OCSD, and their respective Governing Boards, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims, or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of District, its employees, contractor(s), subcontractor(s), or agent(s), in connection with the set up, operation and removal of the temporary fire station facility located at the Huntington Beach Union High School District Education Center. Section 5. All notices shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, 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 OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92728-8127 Attention: General Manager Telephone: (714) 962-2411 Facsimile: (714) 962-0356 To City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: David Webb, P.E. Telephone: Facsimile: 166732.1 Page 2 of 4 I To District: Huntington Beach Union High School District 10251 Yorktown Avenue, Huntington Beach, CA 92646 Attention: Telephone: Facsimile: Either Party may, by written notice to the other, designate a different address, which shall be substituted for that specified above. Section 7. 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 8. This Agreement may be altered, changed, or modified only by a written amendment, which shall be signed by each Party. Section 9. Nothing herein is intended to alter the terms and conditions of the Reimbursement Agreement and License Agreement previously referred to herein. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. APPROVED AS TO FORM: GENERAL COUNSEL Byr� � ORANGE COUNTY SANITATION DISTRICT By Chair, Bo of Directors By ktit W- Ila Penny ale Secretary of the B d of Directors 166732.1 Page 3 of 4 CITY.OF HUNTINGTTON BEACH. ("City"` ) APPROVED AS TO FORM `D, p-�City Attorney 1,1? 166732.1 INI AND APPROVED: ByCl �- Fire Chief INI TED D APPROVED - By Director of Public Works REVIEWED AND APPROVED: By �K Cit dministrator HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By Patricia R. Koch, Ph.D. Assistant Superintendent, Business Services Page 4 of 4 r-- REAL PROPERTY LICENSE AGREEMENT THIS REAL PROPERTY LICENSE AGREEMENT, is made and entered into on this 24 day of September, 2003, by and between: D ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "Licensee"; HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT, a High School District, hereinafter referred to as "Licensor". RECITALS WHEREAS, Licensee 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, Licensor is a duly organized High School District, existing pursuant to California Constitution Article IX, section 14; and WHEREAS, Licensee is in the process of constructing a new "Bushard Trunk Sewer" to replace the existing Bushard Trunk Sewer ("Licensee's Project"). Licensee's Project is generally located under Bushard Street in the City of Huntington Beach ("City"); and WHEREAS, City has determined that Licensee's Project will impact its Fire Department's emergency response ability, as defined by the City's General Plan, on Bushard Street between Adams Avenue and Garfield Avenue; and WHEREAS, City has determined that a temporary fire station facility located on the east side of Bushard Street will eliminate any impact Licensee's Project may have on City's Fire Department's emergency response ability; and WHEREAS, Licensor is willing to allow temporary use of a portion of the real property located at the Huntington Beach Union High School District Education Center, 10251 Yorktown Avenue, Huntington Beach, California, 92646, which portion is described more particularly in Exhibit A ("Property"), attached hereto and by reference made a part of this Real Property License Agreement ("Agreement"), for the purpose of locating the City's temporary fire station facility; and 160699.4 NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1. The recitals set forth above are true and correct and are incorporated into this Agreement. Section 2. This Agreement shall become effective on September 24, 2003. Section 3. Licensor grants a license to use the Property to Licensee, which property is described more particularly in Exhibit A, for purposes of a temporary fire station facility and all required parking. The Property is located on a portion of an existing asphalt concrete playground and is approximately 60 feet wide by 100 feet long. The asphalt concrete playground is located approximately 265 feet east of the west property line and approximately 155 feet north of Yorktown Avenue. Licensee shall access the Property through a 20 foot no parking access lane at the southerly portion of the Property and at the northerly portion of the Yorktown parking lot, the parking lot being located on the southerly portion of Licensor's real property, and the access lane being described more particularly in Exhibit A. Section 4. The Parties anticipate that the temporary fire station facility will be required for a maximum period of three (3) months, excluding the time necessary to install and remove the temporary fire station facility, which time shall not exceed four (4) weeks. Licensee will give Licensor a minimum of six (6) weeks written notice before commencing the use of the Property. The Parties may extend the term of this Agreement by a writing signed by duly authorized representatives of both Parties. Unless otherwise extended pursuant to Section 18 of this Agreement, this Agreement shall expire on December 24, 2003. Section 5. Licensee shall pay Licensor the sum of one dollar ($1.00) per month for the period in which Licensee occupies the Property, including during the periods of installation and removal of the temporary fire station facility. Section 6. Licensor hereby authorizes Licensee, and its agents, to enter upon its real property at all reasonable times to install all improvements required for the temporary fire station facility. Licensor hereby authorizes Licensee, and its agents, to enter upon its real property at all reasonable times to remove all improvements required for the temporary fire station facility. Licensee shall make the following improvements on the Property, at its sole cost and expense: a. Licensee and/or Licensee's contractor shall place a 12 foot by 60 foot temporary fire station facility on the Property; b. Licensee and/or Licensee's contractor shall place a temporary vehicle shelter on the Property; 160699.4 2 C. Licensee and/or Licensee's contractor shall construct a 20 foot no parking access lane at the southerly portion of the Property and at the northerly portion of the Yorktown parking lot, the parking lot being located on the southerly portion of Licensor's real property, and the access lane being described more particularly in Exhibit A. Construction shall include removal of grass, sidewalk, concrete bench pads, and bench; d. Licensee and/or Licensee's contractor shall perform striping and signing of the fire lane access to the temporary fire station facility through the parking lot; e. Licensee shall construct a six (6) foot high chain link fence around the temporary fire station facility; f. Licensee and/or Licensee's contractor shall connect or arrange for the connection of all necessary utilities to the temporary fire station facility, including sewer services, water services, electricity, telecommunications services, and other utility services as necessary. Upon expiration of this Agreement, Licensee shall remove all improvements constructed or installed pursuant to this Agreement and shall restore the Property to its pre -license condition. Section 7. Licensor hereby authorizes Licensee, and its agents, to enter upon its real property at all reasonable times to install all temporary utility connections required for the temporary fire station facility. Licensee, and its agents, will install all temporary utility connections to Licensor's existing utility connections. Licensee, and its agents, will install a metering device on its temporary electrical connection. Licensee, and its agents, shall install the temporary utility connections and metering device without causing any damage to Licensor's property and in compliance with all, governmental regulations applicable to the installation of the temporary utility connections. Licensee, and its agents, shall notify Licensor in writing when temporary utility connections and the metering device will be installed. Section 8. Licensee shall pay for all electricity, water, sewage, telephone, maintenance, janitorial, trash collection, and any and all other utilities and services supplied to the temporary fire station facility. Section 9. Licensee agrees to indemnify, defend and hold Licensor, its Governing Board, officers, agents, and employees, free and harmless from any and all liabilities, losses, claims or damages to any property or any person which arises from or is caused in whole, or in part, by any negligence or other wrongful act or omission of 160699.4 3 Licensee, its employees, contractor(s), subcontractor(s), or agent(s), in connection with this Agreement. Section 10. Licensee shall provide and maintain at all times during the term of this Agreement satisfactory Comprehensive General Liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence. Licensee may provide for such insurance through a self-insurance program. Section 11. 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 forty-eight (48) hours by letter personally delivered or sent by registered or certified mail. Notices or other communications shall be addressed as follows: To Licensee: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92728-8127 Attention: General Manager Telephone: (714) 962-2411 Facsimile: (714) 962-0356 To Licensor: Huntington Beach Union High School District 10251 Yorktown Avenue, Huntington Beach, CA 92646 Attention: Asst. Superintendent for Business Services Telephone: (714) 964-3339 ext. 4360 Facsimile: (714) 963-7684 Either Party may, by written notice to the other, designate a different address, which shall be substituted for that specified above. Section 12. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 160699.4 4 Section 13. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. Section 14. Licensee shall defend, indemnify, and hold harmless Licensor, its elected and appointed officials, from any and all claims, damages, or demands arising out of Licensee's performance of its obligations under this Agreement. Licensor shall defend, indemnify, and hold harmless Licensee, its elected and appointed officials, from any and all claims, damages, or demands arising out of Licensor's performance of its obligations under this Agreement. Section 15. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled, if so ordered by the court. Section 16. 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 remainder of that provision, or the remaining provisions of this Agreement. Section 17. This Agreement constitutes the entire understanding and agreement of the Parties hereto and supersedes all previous negotiations, discussions, and agreements between the Parties with respect to the subject matter hereof. No parol evidence shall be permitted to contradict or vary the terms of this Agreement. Section 18. No modification or amendment of this Agreement or any of the provisions hereof shall be effective for any purpose unless set forth in writing signed by duly authorized representatives of both Parties. 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 Penny fe- 160699.4 5 APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By Thomas F. Nikon Secretary of the Board of Directors HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By A! —' )�— k�k— Patricia R. Kocli, Ph.D. Assistant Superintendent, Business Services 160699.4 6 I STOPPING FIRE LANE P �CVC 775 E SW21B R26F nUal Erb 60' n v � PDS1 � Yam. � I -71Dc, 01 I AY1N W COT KCI 10 IRAVL ER UTtIrIES S3 " SIGN DETAILS NTS \ LEI a J A iJ o 40• SAuCA( 7 ACC E � 4' .Pv O ICO,.RErIEAD�7 ASPHALT PAVWC I TE ,I UC.IT SIANDARO S1 R6E 1 E L 9 LTRB • CUTTER ,MRU-C DR AN ACE n ASPHALT PATCAI IA EOISCN CA wrT (7' MCA VAJLT) Cco-mit L I PA ICH to (T(,HER BµL)- COa.CRE TE PATCH 40' Iq, SyC■rORE CONCR(rE '7ILL 74' TRtAw PATCA — W/ 15 DItP IXHIBIT 'A • lj ON T R TIN NOT Q CONSTRUCT 6' IOGm CHAIN LINK FENCE PER APwA STD PLAN 60O-I, uSEU CnSRNG 9tlAOINC FABRIC IN GOOD CONOTION MAY BE uSEO (SCHOOL) � � O2 1 )CONSTRUCT 16' WIDE SLIDING GATE 4' WALK GATE PER APWA STD. PLAA 600-1. i ICOASTRUCT REMOVE EmSTING SOD AND CONSTRUCT _' AC PAvTMEHT OVER COMPACTED NATIVE WA7ERK TO MATCH jocNED PAVEMENT SURFACES. / 9EuOA AND SALVAGE CwSTING 6ENCN AND RCuOVE AND DISPOSE IX ExTSTIHG ICONCRETE PAD +0 �/ r Q6 REMOVE AND DISPOSE OF Ex:S11NG S•OEWALX AND CURB 10 NEAREST JOINTS. HOSE da ,� i� (D ICONNECI 10 Ex.'STINC WATERLINE PER CITY Of wNliNGION BEACH STD, PUW 601, OMIT ME1LR BOX AND METER. 'V CONSTRUCT 1- PpLY'T MENE WATER SERVICE PER CITY WATER WSION EM-Clo I i S7ANGARDS. x 9 } Q CONSTRUCT SEWER $AJOL[ CONrEGfIDN i0 EXISTING SEWER PER CRY STD. � �I (PLAN 511. pu'P cH SYCAMORE IP CC 24' TRJNK to J CON51RUCi 4' SEWER LATERAL PER CfIY STD. PLAN 507. OMIT CLEµOUR. I20' ORO I „ w,•ALL PAVCMEATT MARkINCS AND LEGENDS AS SHOWN REMOVE ANT I N:ERFERING PORTION EX ExrSTING PAVEMENT MARv(WGS BY SMVBLASTING, / I 17 I LNSTALL TEMPORARY SIGN ON LIGHT POLE W/ gE,!E CONCRETE I' I ,s INSTALL TEMPORARY SIGN oN 4'.6- WOOD POST I — 1 RESTORATION NOTES t O RLMOVE Cww LINK FCNCE, POSTS AND GATES COMPLETELY TIRE LANE I 12' wmTE TREE DARkI LETTERS W/ 20 H,L7 TREE 24' TRLR.k W/10'OmP ASP,I ALT`�{ PAYJVG I' - rL�`(GC 711 _ Ih�CC T TL -- PWE 1NF1. (TV'w;• AIN LlhI IINCI I 'x'—., x1cDE WALX WER OR1!-C11R8 *AMR METER POLE OQAJIACE 04 my.cR ANHCL L LIALIDTT / A. LY04 a DsIAID" D 6ARDIN / P S1DNE CURB a CUTTER I I f 7 r I' i� Q REMOVE AC PAVEMENT, IMPORT TOP SOIL AND REPLACE WITH NEW SOD 10 WATCH EXISTING, LIC+17 5,AN0 O I COAT511PPLICT CONC CURB PER CRY STD PLAN 202 AND SdEWALK PER GrY SRO. PLAN 207 10 MATCH ExSTWC. - - - - - - - - - -42) _REMOVE r(MPORAR"I PAVLWEN1 MARKOCS AND LEGENDS BY SANDBLASTING AND CRASS ANA I RE-S1RFE OkW.ZI 1 STRIPING-PRi,AOUStY REWK0 - - - - - - - - - - - - - - [�I,� - - REMOVE TEMPORARY SIGN 40' HICH SYCAWCRE TREE 'a"rRE iRUR ►/ It,Rw POERr xiL ` rt a -T� PO *ATCR VALVE (TYP ) a0' Iirf,. ELK'.ALy41JS !RIL Ta- rRukw W/ 40' ORIP Sw219 I7 E r+ IRO a gJTIER 4SrOCR 0 SCALE- 1'w?0' a0 ,0 0 30 60 t1C.ALC PI pill PRELIMINARY NOT FOR CONSTRUCTION I BUSHARD TRUNK SEWER TEMPORARY FIRE STATION SITE -6 �✓ s Brockway, Connie From: Krieger, Steve Sent: Monday, March 31, 2003 9-00 AM To: Brockway, Connie Subject: RE: OCSD Reimb Agreement approved on 2118 Not yet- The agreement was not scheduled to go before their board until the end of March, which was probably last week. Unless something happen unexpectedly we should get it soon -----Original Me55age----- From: Brockway, Connie Sent: Monday, March 31, 2003 8:57 AM To: Krieger, Steve Subject: OCSD Reimb Agreement approved on 2118 Hi Steve, have you received a copy of the Reimbursement Agreement for the Fire Station Facility Bushard Trunk Sewer approved 2118/03- It seems like it should be back. Connie J. (8) February 18, 2003 - Council/Agency Agenda - Page 8 Revised Page E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the City CounciVRedevelopment Agency Regular meetings of December 16, 2002 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Approved & Adopted 7-0 E-2. (City Council) Escheat $55.203.89 of Unclaimed Funds Over Three Years Old Per Government Code 50055 to General Fund (340.10) — Review and approve the transfer of $55,203.89 to the General Fund in compliance with Government Code Section 50055_ Submitted by the City Treasurer. Funding Source: Not applicable. Councilmember Coerper and Councilmember Green commended City Treasurer Shari Freidenrich for her fine work. Approved 7-0 E-3. (City Council) Anarove a Reimbursement Aareement between the City and the Oranae Countv Sanitation District for a Temporary Fire Station Facilitv Durinq Construction of the Bushard Trunk Sewer (600 25) Approve and authorize the Mayor and City Clerk to execute the Job Number 1-2-4 Reimbursement Agreement Submitted by the Acting Fire Chief and the Public Works Director. Funding Source: Funds in the approximate amount of $238,000 will be expended from the Fire Department Fire Suppression business unit_ Expenditure categories will include salaries, supplies and equipment rental. Full costs will be reimbursed upon completion of the project. Approved 7-0 E-4. (City Council) Approve Human Relations Task Force Appointments of Gwendolvn Black, Lindsay Mingee, and Thorin Scott with Terms to Expire December 31, 2005 (110-20) Approve the appointments of Gwendolyn Black, Lindsay Mingee, and Thorin Scott as recommended by City Council Liaisons Cathy Green and Gil Coerper with terms to expire December 31. 2005_ Submitted by Mayor Pro Tern Cathy Green and Councilmember Gil Coerper, Liaisons to the Human Relations Task Force. Funding Source: None required_ Councilmember Coerper spoke regarding the proposed appointments. No Mayor Pro Tem Green spoke regarding all the fine applicants, stating that the applications not chosen were sent to other commissions. Approved 7-0 Ee 44"le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONME BROCKWAY CITY CLERK March 7, 2003 Orange County Sanitation District Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Dear Ms. Kyle: The City Council of Huntington Beach at its regular meeting held Monday, February 18t', 2003 approved for the reimbursement with the Orange County Sanitation District for -a temporary fire station facility.that is required. as.a result of the construction of the District's Trunk Sewer. The agreement provides for the District to reimburse the City for all costs associated with the temporary living quarters and appurtenances including costs for staffing the station for the duration of the relocation. The Fire Department staff will maintain and submit records as necessary for the reimbursement. We are enclosing the two original agreements for your execution. Please return one of the executed agreement to this office in the self addressed envelope enclosed. Sincerely, Connie Brockway, CMC City Clerk Enclosure: Reimbursement Agreement Cc: Robert Beardsley — Director of Public Works Duane Olson — Acting Fire Chief (Telephone: 714 536-5227) r- Y, Council/Agency Meeting Held: 03 Deferred/Continued to: ` Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signat Council Meeting Date: February 18, 2003 Department ID Number: PW 03-007 CITY OF HUNTINGTON BEACH C=� - W REQUEST FOR ACTION -'' CgJ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 6W PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works' 'r DUANE OLSON, Acting Fire Chief SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT WITH -THE ORANGE COUNTY SANITATION DISTRICT FOR A TEMPORARY FIRE STATION FACILITY DURING CONSTRUCTION OF THE BUSHARD TRUNK SEWER Statement of Issue, Funding Source, Recommenderi Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) It St'- r- Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: February 18, 2003 I Department ID Number: PW 03-007 I CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works DUANE OLSON, Acting Fire Chief SUBJECT: Approve a Reimbursement Agreement with the Orange County Sanitation District for a Temporary Fire Station Facility During Construction of the Bushard Trunk Sewer Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Public Works and Fire Departmel:. -.:offs have negotiated a reimbursement agreement with the Orange County Sanitation District for a temporary fire station facility that is required as a result of the construction of the District's Bushard Trunk Sewer. Funding Source: Funds in the approximate amount of $238,000 will be expended from the Fire Department Fire Suppression business unit (10065203). Expenditure categories will include salaries, supplies and equipment rental. Full costs will be reimbursed upon completion of the project. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Job Number 1-2-4 Reimbursement Agreement. Alternative Action(s): Forego authorization at this time and direct staff on how to proceed. ; 3 REQUEST FOR ACTION MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PW 03-007 Analysis: The Orange County Sanitation District (District) currently is under construction with the Bushard Trunk Sewer from the Plant 2 facility (near Banning Avenue and Brookhurst Street) to the City limits near Garfield Avenue and Bushard Street. During design of the project, Fire Department staff determined that Fire Station 3-Bushard, located on the west side of Bushard Street between Yorktown and Adams Avenues would not be able to provide emergency response abilities as defined by the City's General Plan, during certain phases of construction. Therefore, the City is requiring the District to provide a temporary fire station facility at a predetermined site east of Brookhurst Street and north of Yorktown Avenue on the Lamb School site while construction is active on Bushard Street between Adams and Garfield Avenue. The temporary facility and Fire Station 3-Bushard will provide emergency services during the approximately three months of construction activity. The agreement provides for the District to reimburse the City for all costs associated with the temporary living quarters and appurtenances including costs for staffing the station for the duration of the relocation. The Fire Department staff will maintain and submit records as necessary for the reimbursement. Public Works Commission Review: Not required. Environmental Status: Not applicable. Attachment(s): RCA Author: Krieger 03-007 feb 18 krieger (ocsd 1-2-4 reimbursement agreeement).doc -2- 2/6/2003 9:08 AM ATTACHMENT 1 JOB NO. 1-2-4 REIMBURSEMENT AGREEMENT This Reimbursement Agreement is made this 18' day of February 2003, by and between: and Orange County Sanitation District (hereinafter referred to as "District") City of Huntington Beach, California, a municipal corporation (hereinafter referred to as "City") Recitals: District is in the process of constructing a new "Bushard Trunk Sewer" to replace the existing Bushard Trunk Sewer ("District's Project"). The District's Project is generally located under Bushard Street in the City. City has determined that the construction of the Bushard Trunk Sewer will impact its Fire Department's emergency response ability, as defined by the City's General Plan, on Bushard Street between Adams Avenue and Garfield Avenue. City has determined that a temporary fire station facility located on the east side of Bushard Street will eliminate any impact District's Project may have on City's Fire Department's emergency response ability. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: SECTION 1 Elements of Agreement District and City will work together to provide a temporary fire station facility during the construction of the Bushard Trunk Sewer which impacts the emergency response ability of the Fire Department. In this regard, District intends to enter into a lease, or both a lease and license agreement, with Huntington Beach Unified Union High School District to provide for temporary fire statiori-facilities which meet City's emergency response needs. SECTION 2 District's Specific Obligations District shall: (a) Provide for leasing and set up of temporary fire station facilities, including costs incurred. The temporary fire station facilities shall include a 12 X 56 foot trailer with furniture, security covers, fencing, 160334.2 1 telecommunications lines, electrical and other utility services as necessary. Initial setup and removal costs shall not exceed Ten Thousand Dollars ($10,000.00). Monthly lease and utility costs shall not exceed Five Thousand Five Hundred Dollars ($5,500.00) for a maximum period of three (3) months. District's obligation for leasing and set-up charges shall not exceed Twenty -Six Thousand Five Hundred Dollars ($26,500.00). (b) Reimburse City for reasonable Fire Department staffing costs for the temporary fire station facilities. Staffing costs shall not exceed Two Thousand Six Hundred Forty -Four Dollars and Eighty Cents ($2,644.80) per 24-hour period for a maximum period of three (3) months. SECTION 3 City's Specific Obligations City shall act in good faith to limit the operation of the temporary fire station facilities to only that period which is required to eliminate the impact of the District's Project on the Fire Department's emergency response ability. SECTION 4 Timing of Reimbursement When the need for the temporary fire station facility has ceased, City shall perform an accounting to determine the total amount owed by District. Upon completion of the accounting, City shall submit an invoice to District along with a detailed breakdown of the reasonable costs incurred by City, which District shall pay within forty-five (45) days of the date that District receives the invoice. In no event shall the total amount owed by the District for staffing costs pursuant to this Agreement exceed Two Hundred Thirty -Eight Thousand Dollars ($238,000.00). SECTION 5 Hold Harmless District shall defend, indemnify and hold harmless City, its elected and appointed officials, from any and all claims, damages, or demands arising out of District's performance of its obligations under this Agreement. City shall defend, indemnify and hold harmless District, its elected and appointed officials, from any and all claims, damages, or demands arising out of City's performance of its obligations under this Agreement. SECTION 6 Term This Agreement shall commence on the date set forth at the beginning of this Agreement and be in full force and effect until the specified obligations of both Parties have been fulfilled or this Agreement has been rescinded by both Parties. 160334.2 2 SECTION 7 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, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. SECTION 8 Notices All notices shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, 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 Attn: Ms. Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708-7018 To City: City of Huntington Beach Attn: David Webb, P.E. 2000 Main Street Huntington Beach, CA 92648 SECTION 9 Force Maieure 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, Acts of God, strike or labor dispute, war or other violence, acts of third parties not within City's reasonable control or any law, order or requirement of any governmental agency or authority. SECTION 10 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 11 Entire Agreement This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between the Parties pertaining to the subject matter thereof. 160334.2 3 SECTION 12 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 13 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. "DISTRICT" ORANGE COUNTY SANITATION DISTRICT By Ch 'rma oard of Directors By i Board S retary APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By �_: "CITY" CITY OF HUNTINGTON BEACH By Mayor D AND AP OVED: BM"�--- Fire Chief INITI D APPROVE By Director of Public Works [Signatures Continued on Following Page] 160334.2 4 REVIEWED AND APPROVED: By C�.t-2 c-I—A, City AdTfilnistrator ATTEST: City Clerk APPROVED AS TO FORM i +�City Aitorn'ey• I 160334.2 • ATTACHMENT 2 f I�,�I10II'.IN. r