HomeMy WebLinkAbout12 - Revised Amendment to CSDOC Cooperative Agreement for Lido Pump Station (Arches) - Contract No. 2886December 14, 1998
CITY COUNCIL AGENDA
ITEM NO. 12
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT
FOR LIDO PUMP STATION (ARCHES) - CONTRACT NO. 2886
RECOMMENDATIONS:
1. Approve Revised Amendment No. 1 to the Cooperation and Reimbursement
Agreement with the County Sanitation Districts of Orange County relative to design
of the Lido Sewage Pump Station replacement; and authorize the Mayor and City
Clerk to execute the Amendment.
2. Authorize a budget amendment to transfer $112,200 from the Sewer Pump Station
Master Plan (Account No. 7532- C5600100), to the Sewer Main Master Plan
Improvement (Account No. 7532- C5600292), for sewer mains at the intersection of
Newport Boulevard with Via Lido and Short Street.
3. Authorize the staff to apply for matching funds from the County Sanitation Districts
to repair and reconstruct sewer lines that are impacted by infiltration of groundwater.
DISCUSSION:
Background
On February 26, 1997, the City entered into a Cooperation and Reimbursement
Agreement with District No. 5 of the County Sanitation Districts of Orange County
( CSDOC), which provided for the City's design consultant for the "Arches" Interchange
project to also prepare plans and specifications for the Lido Sewage Pump Station
replacement. Correspondingly, the Agreement provided for CSDOC to reimburse the
City for the costs paid to the project design consultant Moffatt & Nichol Engineers.
On June 8, 1998, the City Council approved Amendment No. 1 to the Cooperation and
Reimbursement Agreement increasing the reimbursement amount by $100,000 to
cover additional design costs paid to Moffatt & Nichol Engineers by the City. The
Amendment was signed on behalf of the City and forwarded to CSDOC for
consideration by the District No. 5 Board of Directors at their regularly scheduled
meeting on June 24, 1998.
During preparation of the Agenda Report for this item, CSDOC staff decided to
incorporate another reimbursement item relative to the Lido Pump Station Replacement
rather than handle it in a separate, second amendment. A revised Amendment No. 1
was prepared and approved by the District No. 5 Board of Directors on June 24, 1998.
This revised Amendment No. 1 is now presented to the City Council for approval to take
SUBJECT: REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT FOR LIDO PUMP STATION (ARCHES)
- CONTRACT NO. 2886
December 14, 1998
Page 2
the place of the Amendment No. 1 approved on June 8, 1998. City staff delayed
bringing this item to the City Council in anticipation of CSDOC implementing a program
to share the cost of replacing deteriorated sewer mains similar to the conditions in this
situation. This program has been implemented and applications from Cities are due by
December 31, 1998. Newport Beach will apply for funds ($66,000) to pay for half of the
cost of the City work being done by CSDOC with the Lido Pump Station. The City will
also apply for 50% funding for replacement and lining of sewer lines on the Peninsula
and West Newport. CSDOC will review applications for this new program in January
and February and approve projects for funding in March.
Revised Amendment No. 1
The provisions for reimbursement by CSDOC to the City of the $100,000 for additional
design costs are unchanged from Amendment No. 1 as approved by the City Council
on June 8, 1998. The revised Amendment No. 1 as approved by CSDOC includes
provisions for reimbursement of $112,200 by the City to CSDOC. The $112,200
reimbursement amount covers construction of new sewer mains and manholes and
installing a lining in an existing sewer main in the vicinity of the Newport Boulevard, Via
Lido, and Short Street intersection. These improvements are being made to City
owned facilities and have been included in the plans for the Lido Pump Station
Replacement contract because they are an integral part of the pump station
construction work. Therefore, CSDOC agrees to have the pump station contractor,
Advanco Constructors, complete these City sewer system improvements provided that
the City agrees to reimburse CSDOC for such costs.
The construction work related to the City's sewer system improvements are separate
bid items in Advanco's contract with CSDOC. The total cost of these bid items is
$112,200 thereby establishing the reimbursement amount. The high bid prices reflect
the increased costs associated with working below the ground water level and under
heavy traffic conditions. Staff recommends that the sewer improvements be completed
and that reimbursement to CSDOC be authorized in accordance with the provisions
contained in the revised Amendment No. 1 (a copy is attached for reference).
CSDOC has informed the City staff that a program has been implemeted whereby the
Sanitation Districts will share in the cost of replacing old, leaking sewer mains as an
incentive to local sewering agencies to eliminate the infiltration of ground water in low -
lying areas such as the Balboa Peninsula. Handling the infiltrated ground water places
an unnecessary burden on CSDOC pumping and treatment facilities. The City will
submit a request to CSDOC for the sewer improvement involved in Amendment No. 1
and will continue to monitor the progress of the proposed program. We understand that
the cost sharing ratio may be as much as 50 %. The CSDOC staff has indicated that
this project will have to compete with the other applications submitted. We feel that this
project will compete well
f:\ users \pbw\ shared\ councll \fy98- 99\dm- 14\csdoc -1.doe
SUBJECT: REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT FOR LIDO PUMP STATION (ARCHES)
- CONTRACT NO. 2886
December 14, 1998
Page 3
Funding
In the absence of an adopted cost sharing program, funds to cover the reimbursement
to CSDOC can be made available by authorizing a budget amendment to transfer
$112,200 from the Sewer Pump Station Master Plan project (Account No. 7532 -
05600100), to the Sewer Main Master Plan Improvement Program (Account No. 7532 -
05600292). Staff recommends such authorization.
Re�specttu I ly�subp(titted,
P' IC WORKS DEPARTMENT
Don Webb, Director
3y �� 1
Gail Pickart
Project Management Consultant
Attachments: CSDOC Amendment No. 1 (Revised)
f:\ users \pbw\ shared\ council \fy98- 99\dec- 14\csdoc -1.doc
LEGEND
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EXISTING SEWER MAIN
SEWER MAIN IMPROVEMENTS
(COST TO BE REIMBURSED TO CSDOC)
- - - - - -- -SEWER MAIN IMPROVEMENTS
(COST TO BE PAID BY CSDOC)
LIDO SEWAGE PUMP
STATION REPLACEMENT
EXHIBIT
AMENDMENT NO. 1 TO
COOPERATION AND REIMBURSEMENT AGREEMENT
THIS AMENDMENT NO. 1 TO COOPERATION AND REIMBURSEMENT
AGREEMENT, is made and entered into, to be effective this 2 day.of �.
1998, by and between:
My
COUNTY SANITATION DISTRICT NO. 5 OF
ORANGE COUNTY, CALIFORNIA, hereinafter
referred to as "District ";
CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "City".
RECITALS
WHEREAS, District and City have previously executed a Cooperation and
Reimbursement Agreement on the 12th day of March, 1997, at Fountain Valley,
California; and
WHEREAS, District and City have previously executed an Easement Agreement
on the 25th day of February, 1998, at Fountain Valley, California.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1: Section 2 of the Cooperation and Reimbursement Agreement is
hereby amended to read as follows:
1
"Section 2: City's Specific Obligations.
City shall:
(a) contract for design services for the design of the New Pump
Station, extension of force main and gravity sewer systems
and demolition of existing Lido Pump Station. The firm of
Moffitt & Nichol Engineers (hereinafter referred to as
"Consultant ") shall be retained for this purpose through an
amendment to their existing Consultant Agreement with City
which covers final design of City's Project. City shall
present the draft design plans for the New Pump Station,
extension of force main and gravity sewer systems and the
demolition of the existing Lido Pump Station to District for
review and approval prior to finalization of the design by
Consultant;
(b) process an Environmental Agreement with Chevron which
will require Chevron to assume all expenses required for
site remediation resulting from existing soils and water
contamination associated with the Project Site;
(c) reimburse District the sum of One Hundred Seventy -Nine
Thousand ($179,000.00) Dollars as City's contribution to the
costs of construction of the New Pump Station. This
contribution equals the estimated costs of constructing
RIA
modifications to the existing Lido Pump Station arising from
City's Project in lieu of constructing a New Pump Station;
(d) grant an easement to District at the Project Site for the
purpose of constructing and maintaining the New Pump
Station and sewer mains on the Project Site;
(e) reimburse District the sum of One Hundred Twelve
Thousand Two Hundred ($112,200.00) Dollars as City's
contribution for the cost of the local City sewers, sewer
rehabilitation, manholes, traffic control, and appurtenances
that are to be built by District in connection with constructing
the New Pump Station on the Project Site. City will be
responsible for the maintenance of its local sewers and
appurtenances constructed by District upon completion of
the new Pump Station.'
Section 2: Section 3 of the Cooperation and Reimbursement Agreement is
hereby amended to read as follows:
"Section 3: District's Specific Obligations.
District shall:
(a) pay to City Seventy -Eight Thousand Eight Hundred Eighty-
Six ($78,886.00) Dollars for the purchase of an easement to
construct and maintain the New Pump Station and sewer
mains on the Project Site per the Easement Agreement;
3
(b) provide plan check services with respect to constructing the
New Pump Station, extending the force main and gravity
sewer systems, and demolishing the existing Lido Pump
Station;
(c) reimburse City for costs of design of the New Pump Station
and extension of the force main and gravity sewer systems
and demolition of existing Lido Pump Station, for a final total
design ($233,400.00) and construction support services
($45,000.00) cost of Two Hundred Seventy -Eight Thousand
Four Hundred ($278,400.00) Dollars;
(d) assume responsibility for letting and administering a
construction contract for the construction of the New Pump
Station, extension of force main and gravity sewer systems,
and demolishing the existing Lido Pump Station;
(e) assume responsibility for construction of new City sewers,
sewer rehabilitation, manholes, traffic control, and
appurtenances relating to the construction of the New Pump
Station on the Project Site, all as shown on the Plans and
Specifications for the Permitted Improvements;
(f) obtain all necessary permits for the construction of its
facilities, except any applicable coastal permits, for which
City assumes responsibility."
rd
Section 4: All the terms and provisions contained in said Cooperation
and Reimbursement Agreement, except as may be modified, shall continue in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
1 to Agreement on the day and year indicated below.
Dated:
APPROVED AS TO FORM:
THOMASA. WOODRUFF
GENERAL COUNSEL n
COUNTY SANITATION DISTRICT NO.5 OF
ORANGE COUNTY, CALIFORNIA
CITY OF NEWPORT BEACH, a municipal
corporation
Dated: By
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor
9
COOPERATION AND REIMBURSEMENT AGREEMENT
THIS COOPERATION AND REIMBURSEMENT AGREEMENT is made this
day of ` C6(WU.0z 1997, by and between:
AND
COUNTY SANITATION DISTRICT NO. 5 OF ORANGE
COUNTY, CALIFORNIA (hereinafter referred to as
"District ")
CITY OF NEWPORT BEACH, CALIFORNIA, a
municipal corporation (hereinafter referred to as "City").
RECITALS:
WHEREAS, City is proposing to purchase the property at 3531 Newport Boulevard
along the southwest corner of Newport Boulevard and Short Street within the City of
Newport Beach (hereinafter referred to as "Project Site "); and
WHEREAS, City is proposing to widen Newport Boulevard between Short Street
to the south to a location north of Pacific Coast Highway (hereinafter referred to as "City's
Project "); and;
WHEREAS, said widening improvements will impact existing District Facilities,
including the Lido Pump Station located at the northwest corner of Newport Boulevard and
Short Street; and;
WHEREAS, District desires to relocate its Lido Pump Station to the property at
3531 Newport Boulevard (hereinafter referred to as "New Pump Station "); and
WHEREAS, City is proposing to construct a park at 3531 Newport Boulevard.
NOW, THEREFORE, BE IT RESOLVED between City and District as follows:
2000.00020
392265
JRS:tis:1122/97
Section 1. Elements of Agreement.
City and District shall work cooperatively together so that City can meet its award
of contract deadline for the City's Project prior to July I, 1997. City will grant an easement
to District to enable District to locate District's New Pump Station at the Project Site.
The site plan, attached as Exhibit "A" and incorporated herein by reference, depicts
the approximate locations of District's existing Lido Pump Station and New Pump Station.
The specific terms and conditions governing the elements of this Agreement are set
forth hereinafter.
Section 2. City's Specific Obligations.
City shall:
(a) contract for design services for the design of the New Pump Station,
extension of force main and gravity sewer systems and demolition of existing
Lido Pump Station. The firm of Moffitt & Nichol Engineers (hereinafter
referred to as "Consultant ") shall be retained for this purpose through an
amendment to their existing Consultant Agreement with City which covers
final design of City's Project. City shall present the draft design plans for the
New Pump Station, extension of force main and gravity sewer systems and
the demolition of the existing Lido Pump Station to District for review and
approval prior to finalization of the design by Consultant;
(b) process an Environmental Agreement with Chevron which will require
Chevron to assume all expenses required for site remediation resulting from
existing soils and water contamination associated with the Project Site;
20oo -00020
39226_5
JRS:ejs:1122J97 -2-
(c) reimburse the District the sum of One Hundred Seventy -nine Thousand
Dollars ($179,000.00) as City's contribution to the costs of construction of
the New Pump Station. This contribution equals the estimated costs of
constructing modifications to the existing Lido Pump Station arising from
City's Project in lieu of constructing a New Pump Station;
(d) grant an easement to District at the Project Site for the purpose of
constructing and maintaining the New Pump Station and sewer mains on the
Project Site.
Section 3. District's Specific Obligations.
District shall:
(a) pay to City Fifty -Six Thousand Three Hundred Dollars ($56,300.00) for
purchase of an easement to construct and maintain the New Pump Station
and sewer mains on the Project Site;
(b) provide plan check services with respect to constructing the New Pump
Station, extending the force main and gravity sewer systems, and
demolishing the existing Lido Pump Station;
(c) reimburse City for costs of the design of the New Pump Station and
extension of force main and gravity sewer systems and demolition of existing
Lido Pump Station, including addenda approved by District (estimated at
One Hundred Seventy -two Thousand One Hundred Dollars ($172,100.00));
(d) assume responsibility for letting and administering a construction contract
for the construction of the New Pump Station, extension of force main and
2000.00020
39226_5
JRS:cjs:1122197 -3-
gravity sewer systems, and demolishing the existing Lido Pump Station;
(e) obtain all necessary permits for the construction of its facilities, except any
applicable coastal permits, for which City assumes responsibility.
Section 4. Change Orders and Design Addendums.
City and District in their respective obligations shall be given the opportunity to
review and approve all design addenda and construction change orders issued by either
Party pertaining to the work.
Section 5. Timing of Reimbursement.
When all work is completed, an accounting shall be performed by both Parties to
determine the net amount owed by the respective Parties, if any, in executing their
obligations under this Agreement. Upon completion of the accounting, an invoice shall be
submitted to the applicable Party for the remaining amount due, if any, which said amount
shall be paid within forty -five (45) days of billing.
Section 6. Environmental Documentation.
City shall be responsible for compliance with the California Environmental Quality
Act ( "CEQA") as to all construction activity described in this Agreement.
Section 7. Hold Harmless.
District shall defend and hold City, its elected and appointed officials, harmless from
any and all claims, damages or demands arising out of District's performance of its
obligations under this Agreement.
City shall defend and hold District, its elected and appointed officials, harmless from
any and all claims, damages or demands arising out of City's performance of its obligations
2000 -00020
39226_5
JRS:cis:1122197 —4—
under this Agreement.
Section 8. insurance.
Each Party shall require the construction contractor for its construction activity to
maintain a policy of public liability insurance for personal injury and property damage,
including motor vehicle operators, during all times of the contract in the amounts consistent
with that Party's established policies for construction agreements. Such policies shall
name the other applicable Party, its officers and employees and agents as additional
insured thereon.
Section 9. Term.
The term of this Agreement shall be in full force and effect until the specified
obligations of both Parties have been fulfilled or rescinded by both Parties.
Section 10. 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 11. Notices.
All notices shall be personally delivered or mailed 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.
2000.00020
39226-5
JRS:cjs:1/22197 -5-
To District: County Sanitation Districts of
Orange County, California
Attention: Ms. Penny Kyle
Board Secretary
10844 Ellis Avenue
Fountain Valley, CA 92708 -7018
To City: City of Newport Beach
Attention: Lloyd Dalton, P.E.
3300 Newport Boulevard
Newport Beach, CA 92663
Section 12. Dispute Resolution.
Any dispute arising under this Agreement shall be resolved by binding arbitration
through the Judicial Arbitration and Mediation Service ("JAMS"). Attorneys' fees and legal
costs incurred in a dispute resolution shall be borne by the respective Party.
Section 13. 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, Act 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 14. 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 15. Entire Agreement,
This Agreement constitutes the entire understanding and agreement between
the Parties and supersedes all previous negotiations between them pertaining to the
2000 -00020
39226 5
JRS:cjs:1/22/97 -6-
subject matter thereof.
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.
Alteration, change or modification of this Agreement shall be in the form of a
written amendment which shall be signed by each Party.
Executed this day of %// Lc�ti� 1997, at Fountain Valley, California.
"DISTRICT"
APPROVED AS TO FORM:
THOMAS L. WOODRUFF
DISTRICT COUNSEL
By
"CITY"
(Signatures Continued on Page 8)
2000.00020
39228_5
JRS:cj5:122/97
COUNTY SANITATION DISTRICT NO. 5 OF
ORANGE COUNTY, CALIFORNIA
fan, Board of
B �GGLd�c
Y %
Board Sec6et ry /
CITY OF NEWPORT BEACH
By
Mayor
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ATTEST:
L L4L
City Clerk
APPROVE
,;D.,ASTOFORM
B
City Attorney
2000-00020
39226_5
JRS:cj�S:1/22197
EXHIBIT "A"
EXISTING FORCE MAIN y
PROPOSED FORCE MAIN
PER CITY OF NEWPORT
BEACH STREET IMPROVEMENT
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PROJECT
EXIST. '
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PROPOSED EXTENSION
OF FORCE MAIN SYSTEM
5404 ' �I
PROPOSED
INFLUENT
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PROJECT
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PROPOSED
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City of Newport Beach
BUDGET AMENDMENT
1998 -99
iECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AND
Px X Transfer Budget Appropriations
I from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 027
AMOUNT: $112,200.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To transfer $112,200 from the Sewer Pump Station Master Plan to the Sewer Main Master Plan for sewer mains at
Newport Boulevard and Short Street.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit
Fund Account Description
General Fund 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Automatic
Signed: -
Financia pproval: Finance
Signed: e
�� r
AdFnmistrative Approval: City Manager
F' -,ed:
City Council Approval: City Clerk
Credit
$112,200.00
Date
/1,4--C
Date
Date
Description
Division
Number
7532
Sewer Pump Station Improvement Program
Account
Number
C5600100
Sewer Pump Station Master Plan $112,200.00
Division
Number
7532
Sewer Pump Station Improvement Program
Account
Number
C5600292
Sewer Main Master Plan Improvement
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic
Signed: -
Financia pproval: Finance
Signed: e
�� r
AdFnmistrative Approval: City Manager
F' -,ed:
City Council Approval: City Clerk
Credit
$112,200.00
Date
/1,4--C
Date
Date