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19-1001_SOUTH COAST WATER DISTRICT_E7_Agenda Report10t1t2019 E7 TO: FROM: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council fln¡^ in Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director PREPARED BY: Eric P. Bauman, Assistant Utilities Director DATE: October 1,2019 SUBJECT þ1/.1* lnteragency Agreement for Emergency Sewer Spill Response Services (South Coast Water District) RECOMMENDATION 1. Approve and authorize the City Manager to execute a four year lnteragency Agreement for Emergency Sewer Spill Response Services with South Coast Water District; and, 2. Authorize the City Manager to approve annual revisions to the District's billing schedule at the beginning of each fiscal year. EXECUTIVE SUMMARY: ln the event of a sanitary sewer spill caused by grease, rags, or other debris introduced to the system, a rapid response time is criticalto avoid discharging sewage into the storm drain systems and potential environmental impacts and regulatory fines that could result. The City currently has an emergency response and spill clean-up agreement with Empire Pipe and Cleaning and Equipment (Empire). However, South Coast Water District has on-duty or on-call staff nearby at all times and is generally able to provide a faster response. City staff also rapidly respond to sewer spills, although the City does not have the equipment necessary to vacuum up sewage and unblock clogged sewer lines. Staff recommends entering into the attached lnteragency Agreement for Emergency Sewer Spill Response Services with the South Coast Water District. The anticipated minor costs of the proposed emergency response services will be covered by the annual Sewer operating budget. The agreement is terminable by either party without prior notice, and automatically terminates upon the transfer of the City's sewer utility to another agency. City Council Agenda Report October 1,2019 Paqe 2 of 3 FISCAL IMPACT: Expenditures under the proposed agreement are based on a time and materials basis, and are expected to be small relative to the total adopted budget for sewer cleaning and video inspection for each fiscal year. There are sufficient funds in the budget for this work. ENVIRONMENTAL IMPACT Maintenance of existing sanitary sewer facilities and containment and cleanup of sanitary sewer spills are categorically exempt activities under California Environmental Quality Act (CEOA) Guidelines, Section 15301 (c), Class 1 "Existing Facilities." After approval of the proposed agreement by the City Council and the South Coast Water District, a Notice of Exemption will be filed with the Orange County Clerk Recorder. PRIOR C None. COM M I SS I ON/COM M ITTEE/BOARD REVI EW AN D RECOM M EN DATIONS : On Augus|20,2019, the Utilities Commission reviewed this item and recommended that the City Council approve the agreement. NOTIFI TIONS: Rick Shintaku, General Manager, South Coast Water District Dan Ferons, General Manager, Santa Margarita Water District ATTACHMENT Attachment 1: Proposed Agreement with South Coast Water District SOUTH COAST WATER DISTRICT AND CITY OF SAN JUAN CAPISTRANO INTER.AGENCY AGREEMENT FOR EMERGENCY SEWER SPILL SERVICES RESPONSE This Agreement No. _ for Sewer Spill Response Services ("Agreement") is entered into to be effective this day of 2019 by and between the City of San Juan Capistrano ("City") and the South Coast Water District ("District" of "SCWD'). The City and the District are sometimes referred to herein as the "Parties". RECITALS A. The City owns and operates a sewer collection system to serve the residents of the City of San Juan Capistrano. The District is a County Water District organized under Division 12 (commencing with Section 30000) of the California Water Code. The District operates a sewer collection system throughout the City of Dana Point and in parts of the City of Laguna Beach. B. The City desires to contract with District to aid in the event of a sewer spill (Sewer Spill) from the City's sewer collection system (Sewer System) when City's contractor is unable to respond. C. The District is conditionally willing to provide aid in the event of a Sewer Spill from the City's Sewer System and cleaning services for the City pursuant to the terms and conditions of this Agreement.. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows: 1. Sewer Spill Response Services. Subject to the terms of this Agreement, the District offers to provide Sewer Spill response assistance to the City. 2. The District in its sole discretion shall determine its availability to respond to a City Sewer Spill and reserves the right to leave a City Sewer Spill response in the event of a spillfrom the District's sewer system. 3. Sewer Spill response will be provided according to the Scope of Work attached hereto as "Exhibit 4". . Notification protocol is as follows: . Monday through Thursday excluding holidays, between 7:00 AM and 5.30 PM contact the Collection System Supervisor (CSS) at (949) 239-2457. lf unable to reach the CSS, contact the Director of Operations (Dir. Ops) at (949) 795-4425. lf unable to reach the Dir. Ops., contact the Chief Operations Officer (COO) at (9a9) 533-2587 or (760) 315-3915. lf unable to reach the COO, contact SCWD customer service at (9a9) 499-4555, ext. 8100. Attachment 1, Page 1 of 9 -2- a Friday through Sunday, holidays and all other hours contact, contact first Primary Emergency Standby Duty Operator at (949) 274-5110, Second (if needed) contact Secondary Emergency Stand-by Duty Operator at (949) 274-2769. lf unable to contact either Duty Operator, contact the Collection System Supervisor (CSS) at (949) 239-2457. lf unable to reach the CSS, contact the Director of Operations (Dir. Ops.) at (9a9) 795-4425. lf unable to reach the Dir. Ops., contact the Chief Operations Officer (COO) at (949) 533-2587 or (760) 315-3915. lf unable to reach the COO, contact SCWD customer service at (9a9) 499-4555, ext. 8100. 4. The District will invoice the City for any Sewer Spill response services provided on a per incident basis. 5. Emergency Repairs. lf, in the course of performing Services under this Agreement, the District determines that an "Emergency Condition" exists, defined as a significant release or threatened release of sewage from the City Sewer System into the environment if Emergency Repairs are not made, the District shall immediately notify the City of District's findings. The City will use its own Staff or Contractors to make these repairs. 6. Subcontractors. District will not use any of its Subcontractors to effect repairs to the City's Sewer System. 7. Compensation and Reimbursement. The City shall compensate the District for all Services performed under this Agreement according to the District billing schedules for the prevailing fiscal year, attached hereto as "Exhibit 8". 8. lnvoices. District shall send billing statements to Assistant Utilities Director, City of San Juan Capistrano, 324OO Paseo Adelanto, San Juan Capistrano, CA 92675. L ln the event of Emergency response, the District billing statements shall include an itemization of the hours and services rendered by each employee, the applicable hourly rates, the costs of any materials provided, and the costs for any outside subcontractor services retained. All invoices are due on receipt and payable in thirty (30) days. 10.Term. Unless terminated earlier pursuant to Section 20 below, the term of this Agreement shall be for a period of three(3) years from the signature date of this Agreement. This Agreement shall automatically renew for an additional one-year period unless either party provides notice to the other party sixty (60) days prior to the termination date. 1 1 . Standard of Care. The District will perform the Services under this Agreement in a manner consistent with the level of care and skill ordinarily exercised by other members of the District's profession currently practicing in the same locality under similar conditions. The District makes no other representation, express or implied, about the quality of service. During the course of cleaning and repair work, pipeline damage may occur, or other necessary repairs may become Attachment 1, Page 2 of g -3- evident, in which event, City shall address the same or authorize additional District effort to return the system to service. 12.Status of the District as an lndependent Contractor. lt is understood and agreed that the District is, and shall be, acting at all times as an independent herein, and not as an employee of the City. l3.Control of City Sewer System. The City agrees that the City is now, and shall remain, in control of the City Sewer System for all purposes at all times. Except as required by law, the District is not required to report to any federal, state, county, or local public agencies having jurisdiction over the subject matter, any conditions existing at the City Sewer System at any time that may present a potential danger to public health, safety, or the environment. 14. Notwithstanding the above, the District may elect to report conditions that present a potential danger to public health, safety or the environment to local authorities, to the Orange County Health Care Agency (Health Dept.), or to the Regional Water Quality Control Board, Region 9. As it may be required by applicable law, the City is responsible to prepare, submit, notify, report and document to each appropriate federal, state, county, and local public agencies, as they each may require, of the existence of any condition at the City Sewer System that may present a potential danger to public health, safety, or the environment upon receipt of notice by the District of such conditions. 15. Performance of Work. The District makes no warranty, either express or implied, as to its services performed under this Agreement. All work done under this Agreement shall conform to applicable construction codes and safety procedures relating to such work and shall be done in a good and workmanlike manner. l6.lndemnification. City shall hold harmless, defend at its own expense, and indemnify District, its directors, officers, employees, and authorized volunteers, against any and all third party liability claims, losses, damages, or expenses, including reasonable attorneys' fees and costs, arising from the Sewer Spill, including damage arising out of any sewer flow or release that results from District's performance under this Agreement, and including any damage to the sewer system itself as the result of either the Sewer Spill performed by the District to the Sewer System. City shall indemnify and hold District harmless from any and all liability for regulatory violations that may be the result of any Sewer Overflow from the City's Sewer System, including any regulatory liability arising from or related to District's response to the overflow or any Emergency Repairs performed by the District at the request of the City. The City of San Juan Capistrano agrees to add SCWD as an additional protected party, pending approval by the City's insurance provider, the California Joint Powers I nsurance Authority. Attachment 1, Page 3 of 9 -4- lT.Limitation of Liability: The City agrees that the aggregate liability of the District, its elected directors, officers, employees, agents, and subcontractors to the City for any injuries, claims, losses, expenses, or damages arising out of the District's performance of services under this Agreement shall be limited to the amounts paid to District for said services under this Contract. City agrees to indemnify and hold the District harmless from any and all amounts exceeding this limitation of liability. 18.Damage to Underground Structures. The District will not perform any repairs to the City's system. l9.Unavoidable Delays and Defaults: Either Party to this Agreement will be excused for any delays or defaults by that party in the performance of this Agreement that are unavoidably caused by any of the following: an act of the other Party; an act of any agent of the other Party; an act of any governmental authority; an act of any public enemy; an act of God; the elements; war; war defense conditions; riots; litigation; strikes; walkouts; or any other causes beyond that Party's control. 20.Termination. Each Party has the right, at any time, in its sole discretion and with or without cause, by notice to the other Party, to cancel this Agreement and terminate any obligations hereunder, other than payments for services incurred prior to termination. This right to terminate shall be in addition to, and not in lieu of, any other rights and remedies which either party may have at law or in equity. However, each Party, shall endeavor to provide the other Party with thirty (30) days' notice of such termination. 21.|n the event the City contracts for a successor agency to operate the City's Sewer System, this Agreement shall automatically terminate as of the date of the successor contract. 22.Applicable Law. The validity, performance and construction of this Agreement shall be governed by the laws of the State of California. Venue shall be in a court of competent jurisdiction located in Orange County, California. 23.Amendments. Any and all amendments or modifications to this Agreement shall be in writing and signed by the Parties to this Agreement. 24.Severability. lf any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and enforced to the full extent permitted by law. 2S.Agreement Negotiated. The text of this Agreement is the product of negotiation among the Parties, each of whom had the opportunity to have it reviewed by counsel of their choice and is not to be construed as having been prepared by one Party or the other. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to any matter mentioned herein. No prior agreement Attachment 1, Page 4 of 9 E or understanding with respect to any such matter shall be effective. This Agreement may be modified in writing only when executed by both Parties. lN WITNESS WHEREOF, this Agreement has been executed in the name of the District and City, by their respective officers thereunto duly authorized, as of the date and year first above written. "DISTRICT'' SOUTH COAST WATER DISTRICT Rick Shintaku, General Manager "clTY" CITY OF SAN JUAN CAPISTRANO Benjamin Siegel, City Manager Approved as to form: City Attorney Attachment 1, Page 5 of 9 -6- EXHIBIT A SCOPE OF WORK FOR SEWER SPILL RESPONSE SERVICES 1. DISTRICT shall provide Sewer Spill response services (Services) in the event of a sewer spill if it has crews available and is not otherwise engaged in sewer spill of its own. DISTRICT will be the sole arbiter of its availability to respond to any sewer spill event, and to continue providing services for a Sewer Spill event if it has a sewer spill within its own service area. 2. DISTRICT shall provide personnel and equipment on a time and materials basis in accordance with the labor and equipment rates set forth in Exhibit B of the Agreement. Attachment 1, Page 6 of 9 7 EXHIBIT B SCWD LABOR, EQUIPMENT, AND OVERHEAD RATES SHEETS Attachment 1, Page 7 of 9 EXHIBIT B SOUTH COAST WATER DISTRICT BILLING WORKSHEET FOR OUTSIDE SERVICES Rates Effective July 29, 2019 PREPARED BY:DATE: REQUESTED/AUTHORIZED BY PHONE: BILLING ADDRESS ADDRESS'LOCATION OF WORK: DESCRIPTION OF WORK DISTRICT PERSONNEL: LAST NAME RATE/HR LABOR HOURS CHIEF OPERATIONS OFFICER DIRECTOR OF OPERATIONS OPERATIONS SUPERINTENDENT ACCOUNTANT (Office) O&M TECHNICIAN (Office) WATER PRODUCTION MANAGER INSPECTOR SCADA AUTOMATION PROGRAMMER SU PERVISOR (SanitaryM/ater) SUPERVISOR (SanitaryMater) - OT SENIOR LIFT STATION MECHANIC SENIOR LIFT STATION MECHANIC - OT LIFT STATION MECHANIC II LIFT STATION MECHANIC II- OT PRINCIPAL ENGINEER PERMIT SPECIALIST ELECTRICIAN ELECTRICIAN - OT SENIOR SYSTEM OPERATOR SENIOR SYSTEM OPERATOR - OT SYSTEM OPERATOR I SYSTEMOPERATORI-OÏ SYSTEM OPERATOR II SYSTEM OPERATOR II- OT SYSTEM OPERATOR III SYSTEM OPERATOR III- OT TOTAL LABOR COSTS: TOTAL EQUIPMENT COSTS: (From Sheet 2) TOTAL MATERIAL COSTS: (From Supplier lnvoices) TOTAL MATERIAL COSTS: (From lnventory Control Form) SUBCONTRACTOR COSTS: (From Contractor lnvoice) ADMINISTRATIVE OVERHEAD: (6% Flat Rate - lnsurance, Equipment Use Depreciation, etc.) TOTAL LABOR/EQUIPMENT/MATERIAL COSTS: Attachment 1, Page I of 9 163.00 x TOTAL GOST $$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 140.00 x 125.00 x $ 81.00 x 65.00 x 120.00 x 78.00 x 105.00 x 93.00 x '139.50 x 78.00 x 117.00 x 67.00 x 100.50 x 127.00 x 67.00 x 95.00 x 142.50 x 76.00 x 1'14.00 x 54.00 x 81.00 x 61.00 x 91.50 x 65.00 x 97.50 x $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Rev.7/29/19 EXHIBIT B SOUTH COAST WATER DISTRICT BILLING WORKSHEET FOR OUTSIDE SERVICES Rates Effective July 29,2019 DISTRICT EQUIPMENT: VAC-CON COMBO TRUCK (Unit #1890) VAC-CON COMBO TRUCK (Unit #92) VAC-CON JETTER TRUCK (Unit #1994) WATER TRUCK (Unit #95) TVVAN (Unit#80) VALVE TURNING TRUCK (Unit#14) BACKHOE (Unit#100) BOBCAT TRAILER (Unit #251) SKIPLOADER (Unit #101) LEAK TRUCK (Unit #1713) DUMP TRUCK (Unit #24) oNE-TON FLATBED (DUMP OR CRANE) 2500 PICKUP TRUCK (3/4 Ton - Various #s) 1500 PICKUP TRUCK (112Ton - Various #s) SAW CUTTER - WALK-BEHIND (Unit #125) SEWER PUMP - TRAILER MOUNT - 8'' SEWER PUMP - TRAILER MOUNT - 6'' GENERATOR 25OKW GENERATOR 1sOKW GENERATOR 6OKW SOIL COMPACTOR AIR COMPRESSOR 185 CFM BORING TOOL FLASHING ARROW BOARD SMALL PUMPS, TOOLS & EQUIP. TOTAL EQUIPMENT COSTS: LABORHOURS TOTALCOST $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ RATE/HR $ 112.00 x $ 112.00 x $ 112.00 x $ 45.00 x $ 67.00 x $ 67.00 x $ 40.00 x $ 30.00 x $ 56.00 x $ 51.00 x $ 35.00 x $ 35.00 x $ 15.00 x $ 10.00 x $ 55.00 x $ 82.00 x $ 28.00 x $ 56.00 x $ 39.00 x $ 28.00 x $ 10.00 x $ 20.00 x $ 11.25 x $ 20.00 x $ 11.25 x $ $ $ $ $ $ $ $ $ $ Attachment 1, Page 9 of 9 Rev.7/29/79