Contract - OC Sanitation - 2015-03-26COOPERATIVE AGREEMENT FOR
THE CONSTRUCTION OF THE
SOUTHWEST COSTA MESA TRUNK SEWER PROJECT
OCSD PROJECT NUMBER 6 -19
This COOPERATIVE AGREEMENT FOR THE CONSTRUCTION OF THE
SOUTHWEST COSTA MESA TRUNK SEWER PROJECT (the "Agreement ") is made and
entered into by and between the ORANGE COUNTY SANITATION DISTRICT ( "OCSD "), a
California Special District, the COSTA MESA SANITARY DISTRICT (CMSD), a California
Independent Special District, and the CITY OF NEWPORT BEACH ('Newport Beach "), a
municipal corporation, as of . OCSD, CMSD and Newport Beach are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
"Parties."
RECITALS
I. OCSD proposes to design and construct a new gravity trunk sewer pipeline from a
site near the existing Newport Beach pump station site at the west end of Walkabout Circle in the
City of Newport Beach to the OCSD Interplant Line in Bmokhurst Sheet in Huntington Beach as
part of a project known and designated as the Southwest Costa Mesa Trunk Sewer Project No. 6-
19. The "Project" consists of the following elements:
(a) OCSD will design and construct approximately 4,800 feet of gravity trunk
sewer pipeline commencing at the existing Newport Beach pump station site at the end of
Walkabout Circle in the City of Newport Beach, flowing south along the eastern boundary of
Talbert Regional Park then west along the southern boundary of Talbert Regional Park under the
Santa Ana River to the existing OCSD Interplant Line on Brookhurst Street.
(b) CMSD will design and construct gravity sewer pipelines connecting to the
new OCSD trunk sewer pipeline, and will abandon five pump stations in the area surrounding the
Newport Beach pump station site at the end of Walkabout Circle. CMSD will further design and
construct a new gravity sewer pipeline to connect to the new OCSD trunk sewer pipeline to
facilitate the abandonment of a private pump station on West 18" Street in the City of Costa
Mesa. Actual elevation of points of connection to OCSD trunk sewer pipeline will be determined
and finalized during design of the Project.
(c) Newport Beach will abandon the Walkabout Circle pump station and will
design and build a gravity sewer pipeline to connect to the new OCSD trunk sewer pipeline.
Actual elevation of point of connection to OCSD trunk sewer pipeline will be determined and
finalized during design of the Project.
(d) The proposed new facilities and the pump stations to be abandoned by
CMSD and Newport Beach are depicted in the Figure 3 -5 of the Final Environmental Impact
Report (EIR) for the Southwest Costa Mesa Trunk Sewer Project No. 6 -19 dated June 2014,
State Clearinghouse No. 2013041049. Figures 3 -5 of the Final EIR are attached hereto and
made a part hereof.
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2. On February 10, 2015, CMSD decided not to abandon Aviemore Terrace (No. 5)
Pump Station because of the negative impacts constructing Aviemore Terrace pipeline will have
on Talbert Regional Park and because the costs for abandoning this pump station outweighs the
community benefit.
3. The Project will consolidate the Parties' facilities and reduce the reliance on pump
station infrastructure, which will in turn reduce the overall risks associated with facility failure
and the long -term operational, maintenance, and replacement costs associated with pump station
infrastructure, which will benefit all the Parties to this Agreement.
4. For the OCSD Southwest Costa Mesa Trunk Sewer to convey flows as designed,
the CMSD and Newport Beach gravity sewer pipelines connecting to the Project must be
completed by CMSD and Newport Beach, respectively, and current projected flows from CMSD
and Newport Beach must be achieved to ensure that the new OCSD trunk sewer pipeline has
sufficient flow to operate as designed. Until these connections are made and projected design
flows are achieved, the Southwest Costa Mesa Trunk Sewer is likely to experience higher than
designed operation costs and maintenance requirements.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the Parties, as follows:
OCSD agrees as follows:
(a) To complete the design and construction of its portion of the Project as
depicted in Figure 3 -3, . at its own cost and expense.
(b) To be responsible to address and carry out the mitigation measures
identified in the FIR for its portion of the Project, at its own cost and expense.
2. CMSD agrees as follows:
(a) To complete the design and construction of its portion of the Project
(connections and gravity sewer pipelines), and abandonment of the existing pump stations, as
depicted in Figure 3 -5, at its own cost and expense.
(b) To be responsible to address and carry out the mitigation measures
identified in the BIR for its portion of the Project, at its own cost and expense.
3. Newport Beach agrees as follows:
(a) To complete the design and construction of its portion of the Project
(connections and gravity sewer pipelines, and abandonments of the existing Walkabout Circle
pump station, as depicted in Figure 3 -5, at its own cost and expense.
(b) To be responsible to address and carry out the mitigation measures
identified in the FIR for its portion of the Project, at its own cost and expense.
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4. The Parties agree to insure timely review and issuance of all plans, specifications,
permits, and documents for the connections and gravity sewer pipelines within their jurisdiction
without undue delay.
5. During construction of the OCSD Project, CMSD and Newport Beach shall
accept and dispose of all dewatering flow from activities related to construction of the OCSD
trunk sewer pipeline east of the Santa Ana River. Dewatering flows shall be conveyed by
OCSD's contractor to the CMSD and /or Newport Beach point of acceptance within 5,000 linear
feet of the construction area.
6. The Parties agree that any facilities, appurtenances, or connections required to be
constructed to be connected to the new OCSD sewer trunk pipeline will be constructed to OCSD
standards.
7. (a) The Parties agree that if for any unforeseen circumstances CMSD is not able
to fully connect and provide current projected flows to the new OCSD trunk sewer pipeline
within one year of completion of the Project, CMSD will assume operation and maintenance of
said OCSD trunk sewer pipeline until a full connection is made and current projected flows are
achieved. Upon completion of the CMSD gravity sewer pipelines and connection, and when
current projected flows are achieved, CMSD will clean and CCTV the OCSD trunk sewer
pipeline before turning it back to OCSD.
(b) The Parties agree that if for any unforeseen circumstances Newport Beach is
not able to fully connect and provide current projected flows to the new OCSD trunk sewer
pipeline within one year of completion of the Project, Newport Beach will assume operation and
maintenance of said OCSD trunk sewer pipeline until a full connection is made and current
projected flows are achieved. Upon completion of the Newport Beach gravity sewer pipelines
and connection, and when current projected flows are achieved, Newport Beach will clean and
CCTV the OCSD trunk sewer pipeline before turning it back to OCSD.
(c) If neither CMSD nor Newport Beach connect and achieve current projected
flows within one year of completion of the Project, CMSD and Newport Beach agree to jointly
operate and maintain the OCSD trunk sewer pipeline until such time that both are connected and
achieving current projected flows, at which time, OCSD will assume operation and maintenance
responsibilities.
(d) Operation and maintenance of the OCSD trunk sewer pipeline during the
interim period described above in (a) through (c) will not be the responsibility of OCSD.
8. In contemplation of the provisions of Section 895.2 of the California Government
Code imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Section 895 of the Government Code, each Party,
pursuant to the authorization contained in Sections 895.4 and 895.6 of the Government Code,
hereby agrees to and shall indemnify and hold harmless the other Party, and its council members,
officers, agents, and employees from and against any and all losses, liability, damages, claims,
suits, actions, and administrative proceedings or demands (including reasonable attorneys fees)
relating to acts or omissions of the indemnitor, its officers, agents, or employees arising out of or
incidental to the performance of any of the provisions of this Agreement. Neither Party assumes
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10088112
liability for the acts or omissions of persons other than each party's respective officers, agents, or
employees. In the event judgment is entered against the Parties because of joint or concurrent
negligence of the Parties, or their officers, agents, or employees, an apportionment of liability to
pay such judgment shall be made by a Court of competent jurisdiction. This section shall
survive termination of the Agreement.
9. This Agreement shall remain in effect from to the acceptance of the
improvements by the legislative bodies of the Parties, provided that it may be amended or
terminated upon the mutual written agreement of the Parties.
10. All notices given pursuant to this Agreement shall (a) be in writing and sent by
overnight courier (return receipt requested) or facsimile or electronic transmission, (b) shall be
deemed given upon the date of delivery (or refusal to accept delivery) as indicated on the return
receipt; provided, however, if such notice is not delivered or refused on a business day, then
notice shall be deemed to have been given on the first business day following the actual date of
delivery or refusal and (c) addressed as follows:
If to OCSD: With a copy to:
General Manager
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
If to CMSD:
General Manager
Costa Mesa Sanitary District
628 W. 19" Street
Costa Mesa, CA 92627
If to Newport Beach:
With a copy to:
With a copy to:
11. The terms of the Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either Party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
12. Absent an express waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right regarding any existing or
subsequent breach or default under this Agreement.
13. This Agreement is solely between the Parties hereto, and is not intended to create,
nor should it be construed to create any rights in so- called third party beneficiaries.
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14. It is understood that there are no oral agreements between the Parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the parties, and
none shall be used to interpret this Agreement. This Agreement may be amended at any time by
the mutual consent of the parties by an instrument in writing.
15. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of the other provisions of this Agreement. If any provision of this
Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full
force.
16. This Agreement may be executed in counterparts, each of which shall be deemed
an original, and such counterparts together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the date set forth opposite the respective signatures.
ORANGE COUNTY SANITATION DISTRICT
By:
ATTEST:
By:
APPROVED AS TO FORM:
By:
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COSTA MESA SANITARY DISTRICT
By. -- t - e—G nei31 aF nager
ATTEST:
By:
e 1 enw lerk
APPROVED S TO FORM: ' '
By:
Alan Burns, District Counsel
CITY OF NEWPORT BEACH
By:
ATTEST:
By:
APPROVED AS TO FORM:
By:
No. 6 -19 Trunk Sewer Page 6 of 6 Cooperative Agreement
10088112
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Costa Mesa Sanitary District
...an Independent Special District
Memorandum
To: Board of Directors
From: Scott Carroll, General Manage
Date: March 26, 2015
Subject: Cooperative Agreement with Orange County Sanitation District and City
of Newport Beach for the Construction of the Southwest Costa Mesa
Trunk Sewer Project OCSD Project Number 6.19 CMSD Project Number
101
Summary
For more than twenty years CMSD has been working with OCSD on constructing a new
gravity trunk sewer pipeline that will result in the elimination of six existing CMSD sewer
pump stations. The purpose of the project is to consolidate facilities and reduce the
reliance on pump station infrastructure. This will reduce the overall risks associated with
facility failure (e.g. sanitary sewer overflow) and long term operational, maintenance and
replacement costs associated with pump station infrastructure. The attached cooperative
agreement describes each party's responsibility for completing this project.
Staff Recommendation
That the Board of Directors approves the Cooperative Agreement and authorizes the
General Manager to sign the agreement.
Analysis
The project consist of two main components:
1. OCSD will construct 4,800 feet of gravity trunk sewer pipeline starting from the
existing Newport Beach pump station at the end of Walkabout Circle in the City of
Newport Beach. The pipe will flow south along the eastern boundary of Talbert
Regional Park then west along the southern boundary of the park under the Santa
Ana River and end at the existing OCSD Interplant line on Brookhurst Street.
o Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.crosdca.�ov
Board of Directors
March 26, 2015
Page 2 of 3
2. Construction of several CMSD and City of Newport Beach gravity sewer pipelines that
connect to the new OCSD trunk pipeline and the abandonment of seven existing
pump stations in CMSD and the City of Newport Beach (five stations in CMSD and
two stations in Newport Beach). Original proposed project had six stations being
abandon in CMSD, but CMSD recently decided not to abandon one of the stations,
which is described in more details below.
The objectives for the project include the following:
• Provide a reliable conveyance system for projected 2030 wastewater flows tributary to
each of the existing sewer pump stations proposed to be abandoned.
• Provide infrastructure that may be efficiently maintained and easily accessed in the
event of an emergency.
• Reduce the risk of spills in CMSD and City of Newport Beach collection system due to
system failure.
• Avoid operational risks associated with pump stations in the wastewater collection
system.
• Avoid substantial disruption in the Talbert Nature Preserve for construction and
operation.
• Avoid the need for new easements from private property owners.
• Avoid substantial traffic disruption during the construction phase, particularly on
Victoria Street and Hamilton Avenue.
• Provide a solution that reduces the potential for chronic noise and odor complaints.
On several occasions, staff and Secretary Ooten have met with some citizens to address
their concerns regarding the potential impacts this project may have on Talbert Regional
Park. On February 10, 2015 staff presented some alternatives to the Board of Directors in
which the Board decided not to abandon Aviemore Pump Station because constructing the
new gravity pipeline that will replace Aviemore Pump Station may have negative impacts
to Talbert Regional Park. In addition, the costs for abandoning this pump station
outweighs the community benefit. Staff estimates it will cost nearly $1 million dollars to
abandon Aviemore Pump Station, which services only 26 residences.
The design phase for this project will begin after all the parties have signed the
Cooperative Agreement. Rob Hamers & Associates will be presenting a proposal to
prepare said designs.
Board of Directors
March 26, 2015
Page 3 of 3
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 1.0, Sewer
Infrastructure, which states:
Objective: Our objective is to collect and transport wastewater to meet the needs of
existing and future customers.
Strategy: We will do this by the careful management of the collection infrastructure using
prudent planning and maintenance, with financial strategies to maintain sufficient capacity
and respond to changing regulatory demands.
Legal Rev!ew
District Counsel has reviewed and approved the Cooperative Agreement.
Environmental Rev!ew
The cooperative agreement being considered by the Board of Directors is in reference to
CMSD Project #101 West Side Pumping Station Abandonment, OCSD Project 6 -19 South
West Costa Mesa Trunk, and the abandonment of one City of Newport Beach sewer pump
station and all three of these projects have been the subject of an EIR that has been
certified by the OCSD Board of Directors. OCSD was the lead agency for the EIR.
Financial Review
The estimated cost for CMSD's portion of this project is $7.1 million. Approximately $2.6
million is already appropriated for this project. Construction is anticipated to begin in 2017
and end two years later in 2019. The District will have sufficient funds available to fund
the remaining portion of this project over the next three years. The Board of Directors will
approve the funding amount during the adoption of the FY 2015 -16 and FY 2016 -17 bi-
annual budget in June 2015.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
March 26, 2015 Board of Directors regular meeting at District headquarters and on
District's website.
Alternative Actions
1. Do not approve the Cooperative Agreement.
2. Direct staff to report back with more information.
Attachment: Cooperative Agreement
Reviewed by:
Wendy Davis
Finance Manager