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HomeMy WebLinkAboutOrange County Sanitation District - 2006-04-03 { u 2006��R 2 I �M 10 14, ClTv ( }IY G 7 r! ACH Council/Agency Meeting Held 3 06 HUr1 te s y Deferred/Continued to )Approved ❑ Conditionally Approved ❑ Denied ar7 Clt le s SI ature Council Meeting Date April 3 2006 Department ID Number PW 06-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR A Np CITY COUNCIL MEMBERS SUBMITTED BY PE LOPEC ULB�GRAFT Y n NISTRATO :;�� PREPARED BY ROBERT F BEARDSLEY PE DIRECTOR OF 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 Fundinq 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 I I • • 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 Attorneys 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(s) City Clerk's Page Number No. Description 1 Cooperative Agreement for Bushard Sewer Trunk G\R C A\2006\06 013 Apr 3 Broussard (OCSD Coop Agreement Bushard)doc 2 3/16/20061 01 PM ATTACHMENT # 1 • • T 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 ofL 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 1 s • 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 All 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] 2 0 8 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 DISTRICTS employees and damage to DISTRICTS 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 DISTRICTS 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 i I • • 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 All 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 i I • . TO CITY TO DISTRICT Director of Public Works Director of Engineering City of Huntington Beach Orange County Sanitation District 2000 Main Street P O Box 8127 Huntington Beach CA 92648 Fountain Valley CA 92728 16 NO DISCRIMINATION 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 ATTORNEYS 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 attorneys fees 6 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 City of Huntington Beach A municipal corporation of the State of California By Chair Board of Directors 1 Mayor s Secretary Board of Directors Ci Clerk APPROVED AS TO FORM A ROVED AS TO FORM hl, s aolm General Counsel J�ityAttorney �( 3�►31� 1 I REVIEWED AND APPROVED "-0-- ?,�A City Administrator 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 City of Huntington Beach A municipal corporation of the State of ✓ c/_ California By ChlurrBoard of Directors h J `�. �, "—?-- `Y ✓� s Mayor V J�Secretary 'Board of) hectors r 1 `N y City Clerk �W A ~ OVED AS TO FO M APPROVED AS TO FORM General Counsel City Attorney REVIEWED AND APPROVED City Administrator INITIATED AND APPROVED Director of Public Works 7 o,H SA Nil TgTON 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 Covered by Agreement G F N T t EHJ 1 � I, J +. U ELLIS AV y J OCSD RECLAMATION PLANT N GARIFIELD AV YORKTOWN A ADAMS AV i Panacea Drive to Garfield Avenue o Q Y rt Limits Covered by Agreement = o < � to ° m m INDIANAPOLIS AV i ATLANTA AV PANACEA DR ' I HAMILTON AV a � � t-- C 3 ui i 7 a � � r t t BANNIN AV t c� pqC t CD qS rhi�y ° OCSD h'qy TREATMENT PLANT NO 2 OCSD/030706/bushy d Exh btA coop 0306 cdr EXHIBIT A (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 1 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 Districts Contractor and any of = its subcontractors are required to obtain a no fee city encroachment permit A minimum 48-hour notice to the CHB Inspectors 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 CONTROL/SIGNALING — 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 0 • 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 Districts 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 i e 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 2006 APR 17 AN 11 34 Ci V r Ii Y 0 HJ,f T hJU'T0% - A try LETTER OF TRANSMITTAL TO DATE ,TOAP, RE FROM Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 (714) 593. c -7 v-2i�5 WE ARE SENDING YOU ❑attached ❑ under separate cover the following ❑shop drawings ❑prints ❑samples ❑ specifications ❑plans ❑copy of letter ❑ordinance other ORIGINALS I COPIES I DATE OR NO I DESCRIPTION 3 -X3--1bQZ C b eAEfzaz(j L--- A- 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 d other F� �-1Zi,�7uP2C--, IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE 5� �lZJ- 1,a7iv �- Signed Title EDMS 003798110 Revised 10/20/05 • 0 RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT OCSD Cooperative Agreement for Bushard Sewer Trunk Installation COUNCIL MEETING DATE April 3, 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 ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (S►gned In full by the City Attorney) Attached ❑ Subleases Third Party Agreements etc Not Applicable ❑ (Approved as to form by City Attorney) Attached ❑ Certificates of Insurance (Approved by the City Attorney) Not Applicable ❑ Attached ❑ Fiscal Impact Statement (Unbudget over $5 000) Not Applicable ❑ If applicable) Attached Bonds ❑ ( PP ) Not Applicable ❑ Staff Report If applicable) Attached ❑ P ( PP ) Not Applicable ❑ Attached ❑ Commission Board or Committee Report (If applicable) Not Applicable ❑ Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author T Broussard CITY OF HUNTINGTON BEACH r; INTERDEPARTMENTAL COMMUNICATION TO Jennifer McGrath City Attorne``y�� FROM Connie Brockway City Clerk �,O-& SUBJECT Follow up to My Request for Information Relative to Indemnification Agreements DATE October 13 2003 The attached Indemnification Agreement between the OCSD City and HBUHSD was bouncing around city hall - the Mayors 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 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 Clerks Office requires a memorandum from the City Attorneys 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 g/cbmemos/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 ai e like this — - prepared for Mayoi 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 Date October 9 2003 T 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 L� INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is made and entered into on this 24 day of September 2003, by and between ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as OCSD AND CITY OF HUNTINGTON BEACH, California a Municipal Corpoiation hereinafter referred to as `City AND HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT a High School District hereinaftei 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 Bushaid 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 16(73 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 fiom any and all liabilities, losses claims, or damages to any property or any person which arises from of is caused in whole, or in part by any negligence or other wrongful act or omission of OCSD its employees contiactoi(s) subcontractoi(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 then 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 file 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 of is caused in whole of in pact by any negligence or other wrongful act or omission of District its employees, contractoi(s), subcontractor(s), or agent(s), in connection with the set up, operation and iemoval of the temporary file 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 foi 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 r 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 of obligations of this Agreement Section 8 This Agreement may be altered changed, or modified only by a wirtten 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 ORANGE COUNTY SANITATION DISTRICT B Y L & ajt�� Chair Boay6 of Directors By Penny ale Secretary of the B *d`cf D,rectorsl-, ' APPROVED AS TO FORM " � )-Pk d' GENERAL COUNSEL By 'k I � 166732 1 Page 3 of 4 i • � . CITY OF HUNTINGTON BEACH ("City") ' INI AND APPROVED By �-�- Fire Chief INI TED YD APPROVED Y Direc or of Public Woiks REVIEWED AND APPROVED By CityAdministrator APPROVED AS TO FORM By L ,`, to a-�City Attorney HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By Patricia R Koch Ph D Assistant Superintendent Business Services IGC732 1 Page 4 of 4 i REAL PROPERTY LICENSE AGREEMENT THIS REAL PROPERTY LICENSE AGREEMENT is made and entered into on this 24 day of September 2003 by and between ORANGE COUNTY SANITATION DISTRICT a County Sanitation District hereinafter referred to as Licensee AND 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 ( Licensees Project") Licensees Project is generally located under Bushard Street in the City of Huntington Beach ( City ) and WHEREAS City has determined that Licensees 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 1 • 0 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 Licensors 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 Licensees contractor shall place a 12 foot by 60 foot temporary fire station facility on the Property b Licensee and/or Licensees contractor shall place a temporary vehicle shelter on the Property 1606994 2 • • c Licensee and/or Licensees 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 Licensors 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 Licensees 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 Licensees 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 Licensors 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 Licensors 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 1606994 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 (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 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 1606994 4 0 • 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 Licensees 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 Licensors 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 attorneys 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 By Ch r B and of Directors A _ B I Penny e f _ _ r 1606994 5 V Secretary of the Board of Directors APPROVED AS TO FORM THOMAS L WOODRUFF DISTRICT COUNSEL By _7��;—A� Thomas F N on HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By Patricia R Koch Ph D Assistant Superintendent Business Services i 1606994 6 60 /_ a\, CONSTRUCTION NOTES I L ___ C G B LD L O CONSTRUCT 6 HIGH CHAIN LINK FENCE PER APWA STO PLAN 600 1 USED C. a) FABRIC IN GOOD CONDITION 1UY BE USED 5b J6. 12 18 — / O CONSTRUCT 16 WIDE SLIDING GATE AyH Lr CONSTRUCT 4 WALK GATE PER APWA STD PLAN 600 5 r A O REMOVE EXISTI G SOD AND NATIVE MATERIAL TO MATCH JOINED PA EMENTASURFACES PAVEMENT OVER COMPACTED STOPPING3 O REMOVE AND SALVAGE EXISTING BENCH AND REMOVE AND DISPOSE OF EXISTING FIRE 1 LE- CONCRETE PAD REMOVE AND DISPOSE OF EXISTING SIDEWALK AND CURB 10 NEAREST JOINTS LANE CONNECT ( SOH CAB ) CYC 7 5 C 70 TRAILER UTILITIES O CRCTE osE 01D O CONNECT 70 EXISTING WATERLINE PER CITY OF HUNTINGTON BEACH SR) PUN �' 601 OMIT METER BOX AND METER ( B ) SW21 B R26F B CO CRt E 7 OB CONSTRUCT 1 POLYETHYLENE WATER SERVICE PER CITY WATER DIVISION 10 [DO I STANDARDS SIGN DETAILS A GHCR 7 e Q9 CONST PLAN RUCT SEWER SADDLE CONNECTION TO EXISTING SEWER PER CITY STD NTS / 3 A 2 GH OPE }EC 2 C"w O0 CONSTRUCT 4 SEWER LATERAL PER CITYSTD PLAN 507 OMIT CLEAHM _ / I O INSTALL P 1EMEN1 MARKINGS AND LEGENDS IS SHOWN REMOVE ANY c 0 2(1 I INTERFERING PORTIO OF EXSTING PAVE ENT MAR I GS BY SANDBLASTING t4f�.^�1�� O NSTALL TEMPORARY SIGN ON LIGHT POLE 1-0 Pu `tir' A B o 7 ow 5 Ca+wEoa I O3 INSTALL TEMPORARY SIGN ON 4 6 WOOD POST 5 1 I soE 6 c 1 T RESTORATION NOTES EAD8 TRIP 1 � O REMOVE CHAIN LINK FENCE POSTS AND GATES COMPLETELY 1 D OB RE OVE AG PAVEMENT IMPORT TOP SOIL AND REPLACE WITH NEW SOD TO MATCH F RE LANE 12 WHITE B COAM E E ''TING u L O P RKING LETTERS 'R w / K�) O CO PLAN T207T10 U.lCH CO C UEXFTEG CRY STD PLAN 202 AND SIDEWALK PER qtt SID 8 HIT[ 11 ri+ ST PE O RE ONE TE PORARY P VC E 7 MARKNGS AND LEGENDS BY SANDBLASTING AND (rP) GR RC SIR PC ORIG NAL STRIP NG PREVIOUSL REMOVED C REMOVE TE PORARY SIGN I GH YCAMoaE TREE 2 TRu / D ORE TER SER E HIGH UC YP US VC / DR E / 0 0 M' (D- S G x x x c N r s kY RB KA1 TE DR Ncc Y, iH RR C E toe GunE SCALE 1 20 OLE BE Ra AL VE C%) w) f0 b �a ET s[wE ME SCALE.Ev1 �YOR OWN AVENUE PRELIMINARY ,Do 300 NOT FOR SW21B 13 E �� CURB h GLITTER CONSTRUCTION A 511 R. DNS RO BUSHARD TRUNK SEWER 1 2 4 B ONE TEMPORARY FIRE STATION SITE 7 Brockway, Connie From Krieger Steve Sent Monday March 31 2003 9 00 AM To Brockway Connie Subject RE OCSD Reimb Agreement approved on 2/18 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 Message From Brockway Connie Sent Monday March 31 2003 8 57 AM To Krieger Steve Subject OCSD Reimb Agreement approved on 2/18 Hi Steve have you received a copy of the Reimbursement Agreement for the Fire Station Facility Bushard Trunk Sewer approved 2/18/03 It seems like it should be back Connie 1 4 (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 Council/Redevelopment 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 Freidennch for her fine work Approved 7-0 E 3 (City Council) Approve a Reimbursement Agreement between the City and the Orange County Sanitation District for a Temporary Fire Station Facility During 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 sty Council) Approve Human Relations Task Force Appointments of Gwendolyn Black, Lindsay Mingee, and Thorin Scott with Terms to Expire December 31, 2005 (110 20)Approve the appointments of Gwendolyn Black Lindsay Min-gee 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 10 Mayor Pro Tem Green spoke regarding all the fine applicants, stating that the applications not chosen were sent to other commissions Approved 7-0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 0 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 181h 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 Districts 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) Council/Agency Meeting Held off- L Sf 1 c3 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 REQUEST FOR ACTION C t - SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator 6W PREPARED B� OBERT F BEARDSLEY Director of Public WorkslF' \-DUANE OLSON Acting Fire Chief &/ 1 SUBJECT APPROVE A REIMBURSEMENT AGREEMENT WITWTHE 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)I 4 Statement of Issue Public Works and Fire Department staffs have negotiated a reimbursement agreement with =1 the Orange County Sanitation District for a temporary fire station facility that is required as a result of the construction of the Districts 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 I Approve and authorize the Mayor and City Clerk to execute the Job Number 1-2-4 Reimbursement Agreement i Alternative Action(s) Forego authorization at this time and direct staff on how to proceed C t ACTION FOR%EQUEST • 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 Attachments) City Clerk's Page Number No. Description 1 Reimbursement Agreement 2 Location Map RCA Author Krieger 03 007 feb 18 kneger(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 1181hday of February 2003 by and between Orange County Sanitation District (hereinafter referred to as District ) and 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 Departments 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 statiorifacilities which meet City s emergency response needs SECTION 2 Districts 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 1603342 1 • 0 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 1603342 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 1603342 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 7Chrma Board of Directors Board S A retary ' APPROVED AS TO FORM THOMAS L WOODRUFF DISTRICT COUNSEL By� "CITY" CITY OF HUNTINGTON BEACH By jj2Z �� Mayor IN TED AND AP OVED By Fire Chief INITI -AND APPROVED By Director of Public Works [Signatures Continued on Following Page] 1603342 4 REVIEWED AND APPROVED By City A inistrator ATTEST = City Clerk APPROVED AS TO FORM By City Attorney 0 i 2;310-3 1 � 1603342 5 ATTACHMENT 2 a � • . • ac Q CO• � • z • � Gj .� uj • • • • Ln \\\ . .O cl La advm11►ri z z o .. isHnHNOONS \\\\\\\\\\\\\\\\\\\\\ �II�► ••__ r _ , _ a -- "ice c �, UJ CL ui rl \\