HomeMy WebLinkAboutCounty Sewer Grant Program Application with OCSD LAY, DPW
CITY OF HUNTINGTON BEACH (i
MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-23
Council/Agency Meeting Held: 3" 2.0 0o 3 qD, a
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied W9- d y ' Signature
Council Meeting Date: March 20, 2000 Department ID Number: PW 0623
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , -=
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SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY:A ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: APPROVE COUNTY SEWER GRANT PROGRAM APPLICATION
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
The Orange County Sanitation District (DISTRICT) has announced the Cooperative Projects
Funding Program (CPP). Public Works staff has prepared an application for updating the
City's Sewer Master Plan and conducting a city wide infiltration and inflow study. In addition,
an application has been prepared for sewer sliplining and improvements to the Huntington
Harbour wastewater infrastructure.
Funding Source:
Undesignated, unappropriated Sewer Fund reserves in the amount of $200,000 would be
used as a 50% match to the DISTRICT share for the Sewer Master Plan. A $1,000,000 grant
from the Environmental Protection Agency (EPA) would be used as a 50% match to the
DISTRICT share for sewer sliplining and improvements to the Huntington Harbour
wastewater infrastructure.
Recommended Action: Motion to:
1. Designate $200,000 from the City's unappropriated Capital Sewer Fund to serve as
the 50% match for a $400,000 Sewer Master Plan update and an Inflow and
Infiltration (1/1) Study, and authorize staff to apply to the DISTRICT for this project.
OCSDRCA.doc -2- 03/07/00 8:56 AM
kr-QUEST FOR COUNCIL ACTIUN
MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-23
2. Authorize staff to apply to the DISTRICT for a 50% match for a $2,000,000 sliplining
and improvement project for the Harbour area. The City's $1,000,000 match will
come from an EPA Grant already awarded.
Alternative Action(s):
Deny the appropriation requested and direct staff to not submit one or both grant applications
to the;DISTRICT. This action would result in the potential loss of $1,200,000 in grant funds
for sewer infrastructure projects.
Analysis:
The Orange County Sanitation District (DISTRICT) has announced its Cooperative Projects
Program (CPP) available to agencies within its service area. The CPP offers to co-fund
projects sponsored by a city that will eliminate or reduce inflow and/ or infiltration of
groundwater into the city's wastewater collection lines connected to DISTRICT facilities. All
projects submitted for consideration must relate to at least one of the following CPP
categories: (A) Water Conservation Projects; (B) 1/1 Reduction Projects; (C) Administrative
Projects to Identify 1/1; and, (D) Other. The proposed sliplining and improvements to the
Harbor sewer would qualify as a CPP project under Category B.
The proposed Sewer Master Plan update that will include an 1/1 study would qualify as a CPP
project under Category C. It should also be noted that as part of the requirement for
receiving DISTRICT funds under this program, agencies submitting applications must have
an updated (5 years old or less) Sewer Master Plan, including an 1/1 reduction plan by 2002.
The City's last updated Sewer Master Plan was completed in 1995 and does not include an
1/1 study. Therefore, it would benefit the City to take advantage of this funding to update its
Sewer Master Plan at this time in order to qualify for future CPP funding from the DISTRICT.
Before staff can submit the CPP grant applications, the DISTRICT requires City Council
authorization that (1) approves the submittal of the project, (2) will appropriate all project
matching funds if awarded, and (3) will enter into an agreement with the DISTRICT before
the funds are disbursed. This request satisfies these requirements. The application is due
April 1, 2000 with an anticipated award date of July 1, 2000. If awarded the funding, we
would anticipate a 15 month schedule for completion of the both projects.
Environmental Status:
Not applicable at this time.
OCSDRCA.doc -3- 03/07/00 8:56 AM
Kr-QUEST FOR COUNCIL ACTIuN
MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-23
Attachmentlsl:
NumberCity Clerk's
Page • Description
1. Sample Contract-Orange County Sanitation District
RCA Author: T. Broussard:jm x5247
OCSDRCA.doc -4- 03/07/00 8:56 AM
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CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: ROBERT BEARDSLEY, Director Of Public Works
FROM: GAIL HUTTON, City Attorney
DATE: February 29, 2000
SUBJECT: RLS 00-162; Sample Agreement with OCSD
Please note that the actual contract between the City and OCSD (with attachments)
must be submitted to this office for approval; however, I have reviewed the proposed
sample for form and content with the following suggestions:
1. Paragraph 2 requires the City to adopt the 1997 Uniform Plumbing Code,
Chapter 10 and Appendix H. The City routinely adopts the Uniform Plumbing Code via
HBMC Chapter 17.44, including Chapter 10 and the appendices; however, the most
recent codification of the Chapter 17.44 indicates that the City has adopted the 1998
Edition, which represents the 1997 edition with State amendments. The agreement
should be amended to permit the 1998 edition and subsequent amendments to be
sufficient.
2. Paragraph 6 requires the City to provide evidence of insurance which the
City does not maintain. The following language was used in a recent agreement with
the Orange County Water Board and should be suggested to the Sanitation District as
an acceptable alternative to Paragraph 6.
X. INSURANCE AND INDEMNIFICATION
The AGENCY shall maintain insurance, or provide equivalent self-insurance, as
will protect the DISTRICT from any and all claims under the Worker's
Compensation Laws and from general liability claims for bodily injury, or death, or
property damage which may arise from negligent performance by the AGENCY's
employees, agents, successors, and assigns while performing the services
covered by this Agreement. The insurance shall be primary insurance and non-
contributing. Said public liability and property damage insurance shall be in a
minimum amount of one million dollars ($1,000,000). The AGENCY shall provide
evidence of such insurance, or provide equivalent self-insurance, to the
DISTRICT, including provision for not less than thirty (30) days notice of
termination or cancellation by the insurance carrier.
Page 2
Robert Beardsley
RLS 00-162
3. Paragraph 7 requires the City to indemnify the District. Indemnification
requirements must be submitted to the Settlement Committee and City Council for
acceptance. Upon review of the proposed language, I would suggest the. following
language be submitted as an acceptable alternative providing the City with better
protection.
X. INDEMNIFICATION
The AGENCY shall indemnify and hold DISTRICT harmless from any and all
claims, demands, actions, attorney's fees, costs, and expenses based upon or
arising out of errors, omissions, or negligent acts of AGENCY, or its associates,
employees, subcontractors, or other agents while performing services under this
Agreement.
4. Based on the Indemnification provisions, City Council approval is required
and the following standard signature block should be included in the agreement.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through
their authorized offices the day,month and year first above written.
CONTRACTOR CITY OF HUNTINGTON BEACH,a municipal
corporation of the State of California
By:
print name Mayor
ITS: (circle one)Chairman/President/Vice President
ATTEST:
AND
By: City Clerk
APPROVED AS TO FORM:
print name
ITS: (circle one)Secretary/Chief Financial.Officer/Asst.
Secretary-Treasurer City Attorney
INITIATE AND APPROVED:
REVIEWED AND APPROVED: O 900
(o, Direct r of Pu c orks
City Administrator
jmp/memos/coop/2/29/00
Page 3
Robert Beardsley
RLS 00-162
5. As the attachments have not been submitted for review at this time,
please note that there may be additional comments on the final contract terms and the
attachments at a later date.
�--
GAIL HUTTON,
City Attorney
/jmp
Attachments: Sample Agreement for Cooperative Projects Program
c: Todd Broussard
j mp/memos/coop/3/2/00
SECTION C
COOPERATIVE PROJECTS PROGRAM CONTRACT FORMS
C.I. CONTRACT DOCUMENTS
Contract No. CP-XX X
ORANGE COUNTY SANITATION DISTRICT
COOPERATIVE PROJECTS PROGRAM CONTRACT .
WHEREAS, the parties to this Contract are the Orange County Sanitation District
(hereinafter referred to as "DISTRICT") whose address is P.O. Box 8127, Fountain
Valley, Califomia 92728, and the City of Buena Park (hereinafter referred to as
"AGENCY") and
WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting,
treating and disposing of wastewater in Orange County, Califomia and DISTRICT is
authorized under State law to implement the California Porter—Cologne Water Quality
Control Act; and
WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to
develop a work program to fund projects from the separate account and pursuant to
approval of the work program by DISTRICT Board of Directors. DISTRICT Board of
Directors has authorized a contract with AGENCY for the project described in Exhibit "A"
(Project Description/Statement of Work) attached hereto and incorporated herein by
reference, more particularly, and
WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects
Program Funds as set forth in AGENCY'S Cooperative Projects Program Application.
NOW THEREFORE, the Parties agree as follows:
1. AUDIT-AGENCY shall, at least once every year or within two years of the
termination of the contact if the term is less than two years, be subject to an audit
by DISTRICT or its authorized representative to determine if the revenues
received by AGENCY were spent for the program outlined in the Cooperative
Projects Program Application. DISTRICT shall coordinate such audit through
AGENCY'S audit staff. If an amount is found to be inappropriately expended,
DISTRICT may withhold revenue from AGENCY in the amount equal to the
amount that was inappropriately expended. Such withholding shall not be
construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its
obligation to perform under the terms of this Contract.
2. GREASE ORDINANCE—AGENCY agrees to adopt, by its Ordinance, the Uniform
Plumbing Code, 1997 Edition, as amended, including specifically but not limited to,
Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation.
In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as
an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the
same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and
Appendix H.
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Said Ordinance shall be in effect prior to completion of the Project and final payment
by DISTRICT.
3. WATER CONSERVATION BMP-The AGENCY agrees to adopt the Best
Management Practices (BMP) for water conservation, more particularly
described in Exhibit "D" (Water Conservation- Best Management Practices) .
attached hereto and incorporated herein by reference.
4. TERM -The term of this Contract is from date of contact execution by both
parties through completion of the project or , whichever occurs
first unless terminated earlier as provided for in Paragraph 5 below entitled
Termination. All project deliverables and requests for reimbursement must be
received by . Failure to meet this deadline will result in forfeiture
of Cooperative Projects Program funding, provided, however, that in the event
AGENCY is unable to complete the project within the term required herein due to
unforeseen or unavoidable circumstances, or by mutual agreement by both
AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an
additional period of six (6) months subject to approval by the DISTRICT'S
General Manager. Any extensions beyond six (6) shall be approved by the
DISTRICT'S Board of Directors.
5. TERMINATION - In the event any party fails to comply with any term or
conditions of this Contract, or fails to provide the services in the manner agreed
upon by the parties, including, but not limited to, the requirements as set forth in
Exhibit "A", and Exhibit "C" (Project Milestone Schedule) attached hereto and
incorporated herein by reference, it shall constitute a material breach of the
Contract. The non-breaching party shall have the sole and exclusive option
either to notify the breaching party that it must cure this breach within fifteen (15)
days' or provide written notification of its intention to terminate this Contract with
thirty (30) days' written notice. Notification shall be provided in the manner set
forth in Paragraph 22 below, entitled —"Notices." Termination shall not be the
exclusive remedy of the non-breaching party. The non-breaching party reserves
the right to seek any and all remedies provided by law. DISTRICT reserves the
right to terminate this Contract for non-breach and shall reimburse AGENCY for
actual costs incurred in performance of this Contract through the effective date of
termination for non-breach.
6. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence
of standard form of commercial or comprehensive general liability insurance with
a combined single limit (general and automotive) of One Million Dollars
($1,000,000). AGENCY shall require any Contractor performing services funded
by this Contract to also provide evidence of standard form commercial or
comprehensive general liability insurance for any project requiring work to be
performed in a public right-of-way. The policy shall have a combined single limit
of$2.0 million per occurrence for bodily injury, including death, personal injury,
property damage, and products liability, with $5.0 million general policy
aggregate; or, alternatively $2.0 million aggregate separate for this Contract_
AGENCY shall maintain such coverage during the term of this Contract and any
extensions thereof. DISTRICT shall be named as an additional insured on such
liability policy and thirty- (30) days' written notice of modification of any such
insurance shall be given by AGENCY to DISTRICT. Such modification is subject
I
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1
to pre-approval by DISTRICT. If AGENCY fails to maintain the required
insurance coverage, DISTRICT reserves the right to terminate the Contract or
purchase such additional insurance and bill AGENCY or deduct the cost thereof
from any payments owed to AGENCY. "
7. INDEMNIFICATION -AGENCY agrees to hold harmless, defend, and indemnify
DISTRICT, its officers, employees, agents, representatives and successors-in-
interest against any and all loss, damage, cost or expenses which DISTRICT, its
officers, employees, agents, representatives and successors-in-interest may -
incur or be required to pay by reason of any injury or property damage caused or
incurred by AGENCY, its employees, sub-agency's contractors, or agents in the
performance of this Contract, including but not limited to, any contract between
Agency and any third party for the performance of work as part of the Project.
8. PAYMENT-
A. DISTRICT shall pay AGENCY a Firm Fixed Price of
Dollars ($_,_00) upon completion of the project on a reimbursement
basis. Any funds not expended upon early contract termination or
contract completion shall revert back to the Cooperative Projects
Program. Payment of charges shall be made by DISTRICT to AGENCY
within sixty (60) days after approval by DISTRICT of an itemized invoice
prepared and furnished by AGENCY.
B. An invoice submitted to DISTRICT for payment must be prepared in
duplicate, on AGENCY letterhead, and list DISTRICT contract number,
period covered by invoice, and AGENCY'S Employer Identification
Number and submitted to: Orange County Sanitation District, P.O. Box
8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department.
C. No funds shall be paid out to AGENCY pursuant to this Contract, until the
project, as set forth in Exhibit "An is completed and proof of completion is
provided to DISTRICT. If the project as described in Exhibit "A" is not
completed and satisfactory proof of condition is not provided to
DISTRICT, no monies shall be due and payable to AGENCY. Proof of
completion shall include a Final Report detailing the work that was done.
D. Additional Cooperative Projects Program Funds will not be available to
fund project cost overruns. Any project cost overruns must be funded
from other than the Cooperative Projects Program.
E. The Firm Fixed Price amount shall not exceed 50% of the total
Cooperative Projects Program funds applied to the project as set forth in
Exhibits "A" (Project Description/Statement of Work), "B" (Project Cost
Breakdown), and "Cn (Project Milestone Schedule) of this Contract,
attached hereto and incorporated herein by reference.
F. If, at the completion of the Project described in Exhibit "A", the actual
amount of Cooperative Projects Program Funds utilized in performance of
the project is less than the amount described in Exhibit "Bn, the Firm
Fixed Price amount reimbursed to AGENCY by DISTRICT shall not
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exceed 50% of the actual Cooperative Projects Program Fund amount
applied to the project.
9. COMPLIANCE WITH APPLICABLE LAWS —AGENCY agrees to comply with all
federal, state, and local laws, ordinances, codes and regulations and orders of
public authorities in the performance of this Contract and.to ensure that the
provisions of this clause are.included in all subcontracts.
10. .----EMPLOYEES OF AGENCY
A. AGENCY shall be responsible for the cost of regular pay to its
employees, as well as cost of vacation, vacation replacement, sick leave,
severance pay and pay for legal holidays.
B. AGENCY shall also pay all federal and state payroll taxes for its
employees and shall maintain worker's compensation and liability
insurance for each of its employees.
C. AGENCY, its officers, employees, agents, or representatives shall in no
sense be considered employees or agents of DISTRICT nor shall
AGENCY, its officers, employees, agents or representatives be entitled to
or eligible to participate in any benefits, privileges, or plans, given or
extended by DISTRICT to its employees.
11. OWNERSHIP—Title and full ownership rights to any products purchased or
developed under this Contract shall at all times remain with AGENCY.
12. NON-DISCRIMINATION— In the performance of this Contract, AGENCY shall
not discriminate in recruiting, hiring, promotion, demotion, or termination
practices on the basis of race, religious creed, color, natural origin, ancestry, sex,
age, or physical handicap and shall comply with the provisions of the California
Fair Employment & Housing Act (Government Code Section 12900, et seq.), the
Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto,
Executive Order No. 11246 (30 Federal Register 12319), and all administrative
rules and regulations issued pursuant to said Acts and Order. AGENCY shall
likewise require each sub-AGENCY to comply with this paragraph and shall
include in each such subcontract language similar to this paragraph.
13. ASSIGNMENT—The rights granted hereby may not be assigned, sold, licensed, .
or otherwise transferred by either party without the written consent of the other,
and any attempt by either party to do so shall be void upon inception.
14. NON-EFFECT OF WAIVER —AGENCY or DISTRICT failure to insist upon the
performance of any or all of the terms covenants or conditions of this Contract, or
failure to exercise any rights or remedies hereunder, shall not be construed as a
waiver or relinquishment of the future performance of any such terms, covenants
or conditions or of the future exercise of such rights or remedies, unless
otherwise provided for herein.
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15. ATTORNEY'S FEES — In the event any legal proceeding or action (including
arbitration) is filed in connection with the enforcement or interpretation of this
Contract, each party shall bear its own Attorney's fees and costs.
16. FORCE MAJEURE— Neither DISTRICT nor AGENCY shall be liable or deemed
to be in default for any delay or failure in performance under this Contract or
interruption of services resulting, directly or indirectly, from acts of God, civil or
military authority, acts of public enemy, war, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation, or any similar cause beyond the
reasonable control of DISTRICT or AGENCY.
17. SEVERABILITY—In the event that any one or more of the provisions contained
in this Contract shall for any reason be held to be unenforceable in any respect
by a court of competent jurisdiction, such holding shall not affect any other
provisions of this Contract, and the Contract shall then be construed as if such
unenforceable provisions are not a part hereof.
18. HEADINGS— Headings on the paragraphs of this Contract are for convenience
and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify, or aid in the interpretation, construction, or meaning of
the provisions of this Contract.
19. DUPLICATE EXECUTION —This Contract is executed in duplicate. Each signed
copy shall have the force and effect of an original.
20. GOVERNING LAW—This Contract shall be construed and interpreted and the
legal relations created thereby shall be determined in accordance with the laws
of the State of California. Venue or resolution of any dispute shall be Orange
County, California.
21. PRE-CONTRACT COSTS —Any costs incurred by AGENCY prior to DISTRICT
receipt of a fully executed Contract shall be incurred solely at the risk of the
AGENCY. In the event that a formal Contract is not executed, the DISTRICT
shall not be liable for any amounts expended in anticipation of a formal Contract.
If a formal Contract does result, pre-contract cost expenditures authorized by the
Contract may be reimbursed in accordance with the.cost schedule and payment
provision of the Contract.
22. - NOTICES—Any notices from either party to the other shall be given in writing to
the attention of the persons listed below,.or to other such addresses or
addressees as may hereafter be designated in writing for notices by either party
to the other. A notice shall be deemed received when delivered, or three days
after deposit in the U.S. Mail, postage prepaid, whichever is earlier.
DISTRICT:
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728-8127
Attn: Board Secretary
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AGENCY:
Attn:
23. ENTIRE CONTRACT—This Contract represents the entire agreement between
the parties hereto with respect to the Cooperative Projects Program Contract
between AGENCY and DISTRICT, and there are no understandings,
representations, or.warranties of any kind except as expressly set forth herein.
No waiver, alteration or modification of any of the provisions herein shall be
binding on any party unless in writing and signed by the party against whom
enforcement of such waiver, alteration or modification is sought.
IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be
duly executed on their behalf by there authorized representatives.
RECOMMENDED FOR APPROVAL:
ORANGE COUNTY SANITATION DISTRICT
BY:
Chair, Board of Directors
BY:
Secretary, Board of Directors
APPROVED AS TO FORM:
THOMAS L. WOODRUFF,
DISTRICT COUNSEL
By:
(AGENCY Name)
BY:
(Name)
(Title)
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CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Ray Silver, City Administrator
FROM: Robert F. Beardsley, Director of Public Works -.,:..
DATE: March 20, 2000
SUBJECT: City Council Meeting of March 20, 2000
Agenda Item E-10
Due to protracted discussions with the Orange County Sanitation District, only
the first two recommended actions currently included as part of E-10 are
recommended for approval by staff at tonight's City Council meeting.
Recommended Action 3 must be deferred subject to further modification
pursuant to the City Attorney's February 29, 2000 memorandum (included as
Attachment 1 of the RCA).
RFB:gc
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E-10 CC Mtg.3.20.00.doc
RCA hOUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve County Sewer Grant Program Application`
COUNCIL MEETING DATE: FMarch 20, 20,00
RCA ATTAa'CHMENT - 3;3 S
US ,
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING.ATTACHMENTS
REVIEWED' RETURNED FORWARDED"
Administrative Staff ( ) rj( L)
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
EXPLANATION, FOR RETURN33 33 FJ3'ITEM
Only)(Below Space For City Clerk's Use
RCA Author: T. Broussard:jm