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Home My WebLink AboutORANGE, COUNTY OF (3) - 2012 v T 1j L. i UhANO t?0" E'EQUIRK, 1"JAY PROCEED J C" f er \. J NIJ??.. i .? -t C,1 -1Z REIMBURSEMENT AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA Agreement D12-030 A-2012-135 rcC?Opl7 THIS REIMBURSEMENT AGREEMENT, numbered D12-030, is made and entered into this ?4EY? day of _Su V-, X , 2012 by and between the County of Orange, hereinafter referred to as the "COUNTY", and the City of Santa Ana, hereinafter referred to as "CITY". RECITALS: A. The United States Environmental Protection Agency (USEPA) has established TMDLs for toxic pollutants in San Diego Creek and Newport Bay, California on June 14, 2002, and the California Regional Water Quality Control Board is developing implementation plans for each of the toxic pollutants; and B. The COUNTY, the CITY, the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the Eity of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Tustin, the Irvine Ranch Water District, The Irvine Company, and Lennar Homes of California, have entered into have entered into Agreement No. D99-128, dated July 1, 2010, for the purpose of funding and performing studies, research, monitoring and the development and implementation of programs related to the adopted TMDLs for nutrients, fecal coliform and toxics in the San Diego Creek and Newport Bay watersheds (hereinafter "said Agreement"); and C. Said Agreement provides that the COUNTY will annually develop a scope of work and budget containing an estimate of planned expenditures for the following fiscal year, which shall be submitted to the parties for approval; and D. The approved scope of work and budget for fiscal year 2011-2012 includes the evaluation of alternatives to the Cienega project, to comply with the selenium TMDL compliance requirements, including source control of selenium Hot Spots and construction of low-flow diversion to the sanitary sewer system. WHEREFORE, in consideration of the mutual and respective covenants and promises, and subject to all the terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. OBLIGATIONS OF CITY a. CITY shall select and pay a consultant to develop a feasibility report for the identification of alternative locations, design, implementation and operation of stormwater/sanitary sewer diversion facilities to capture dry-weather selenium Agreement D 12-030 discharges tributary to Upper Newport Bay, as set forth in Exhibit A, attached to and by this reference, incorporated into this Reimbursement Agreement. b. CITY shall monthly submit an invoice to COUNTY, with documentation acceptable to the County, evidencing the milestones completed, deliverables provided and fee earned by Consultant the prior month. 2. OBLIGATIONS OF COUNTY COUNTY shall within thirty (30) days of receipt of CITY's invoice, reimburse CITY for all costs paid to Consultant pursuant to the Agreement between CITY and Consultant for the research and development of the feasibility report. 3. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, COUNTY and CITY mutually agree that COUNTY's not-to-exceed payment obligation shall be Sixty Thousand Dollars ($60,000.00). 4. NOTICES Notices to the parties, unless otherwise requested in writing, shall be 1.) delivered personally or 2.) sent by certified mail, return receipt requested or 3.) sent by telefacsimile followed by a mailed copy, addressed as follows: To CITY: Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92701 Facsimile: 714-647-5635 To COUNTY: Director of Public Works County of Orange 300 N. Flower Street Santa Ana, CA 92702-4048 Facsimile: 714-834-2395 Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U. S. Postal Services, or other person making the delivery, except that notices sent by telefacsimile shall be deemed received on the first business day following transmission. [Signatures on the following pages.] Agreement D12-030 CITY OF SANTA ANA 4, ? 0 - ( 4d-?, - PAUL M. WALTERS Interim City Manager Date: ATTEST: Maria D. Huizar Clerk of the Council Recommended for Approval: Rau Godinez, II Executive Directo - PWA Approved as to form: Q Laura Sheedy Assistant City Attorney Agreement D12-030 COUNTY OF ORANGE, a political subdivision of the State of California Date: By Date: APPROVED AS TO FORM COUNTY COUNSEL By Deputy Date: Chair of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD. By Susan Novak Clerk of the Board of Supervisors of Orange County, California Agreement D12-030 Exhibit A - Scope of Work On December 10, 2009, the Santa Ana Regional Water Quality Control Board issued Time Schedule Order (TSO) R8-2009-0069 to regulate groundwater-related discharges, particularly those containing elevated selenium levels, in the Newport Bay Watershed. The TSO mandates the County of Orange, Orange County Flood Control District, and other entities that are subject to the TSO, including the City of Santa Ana, to develop and implement a Best Management Practices Strategic Plan describing a phased approach for complying with the TSO requirements. In order to develop an effective plan, it is necessary to assess the potential for selectively diverting groundwater and surface waters containing elevated levels of selenium to the sanitary sewer. The work under this scope of work will focus on opportunities within the Santa Ana-Delhi Channel Watershed. The project, to be managed by the City of Santa Ana, will develop a Conceptual Design Report to provide information to base decisions on the viability of diversions of low flows in the Santa Ana-Delhi Watershed. The Report will include an evaluation of conceptual it layouts at candidate diversion locations, site requirements anticipated selenium loading reductions, preliminary costs, potential grant funding opportunities, necessary permits and regulatory issues from both a stormwater permit, TMDL and sanitary sewer permitting perspective. It is anticipated that the Orange County Sanitation District (OSCD) may require the stormwater diversion system to only discharge to OCSD during off-peak hours. As such, two project scenarios should be considered: 1) A continuous discharge to the sanitary sewer system: 2) Capture and pump discharge to the sanitary sewer system during off- peak hours. The relative emphasis of each in the Report will be shaped by feedback from OCSD. The following tasks will comprise the scope of work: Field Review A field review of candidate diversion locations will be conducted in the Santa Ana-Delhi Channel Watershed. The field review will gather pertinent information regarding each diversion location include field measurements of discharge rates, photo reconnaissance, facility location identification, and the preparation of a scaled aerial photo of the site (aerial photos obtained from commercial sources). Deliverables: • Site sketches based on field measurements for each project location • Low flow discharge measurements/estimation calculations • Site photos • Aerial photo with the project area overlay • Vicinity map for each location Agreement D12-030 2. Initial Sampling and Water Quality Analyses in Low Flows A minimum of one grab sample will be collected at each candidate diversion location along with flow measurements. Laboratory testing will be conducted for selenium, total dissolved solids, and nitrate in the water samples using protocols previously used for the Nitrogen and Selenium Management Program. Deliverables: • Laboratory test results and flow measurements Existing Utility Research A preliminary utility search will be conducted at each candidate diversion location. It is assumed all general utility information will be obtained from the City of Santa Ana. Utilities of interest include: • Sanitary sewer • Local storm drain facilities • Existing potable/reclaimed water pipelines • Natural gas pipelines • Petroleum pipelines • Electrical service Deliverables: • Incorporate Existing Utility Research into Conceptual Site Layout 4. Develop Preliminary Diversion Sizing Requirements Preliminary sizing of the candidate diversion locations will include the following: • Establish flow rates and identify gross solids removal requirements • Establish volumetric requirements for a wet-well storage basin • Establish general flow and conveyance requirements • Establish pumping requirements assuming an eight-hour runtime A general listing of equipment requirements and associated sizing will be provided. Deliverables • Incorporate Preliminary Diversion Sizing Requirements into Conceptual Site Layout and Conceptual Design Report Conceptual Site Layout Conceptual site layouts will be developed for each of the candidate diversion locations. The conceptual site layouts will include the following: • Identify site constraints for each candidate diversion location • Site configurations for the proposed channel diversion structures Agreement D 12-030 • Site configurations for overall site based on the site constraints and proposed diversion structures Deliverables • Develop tivo conceptual layouts for each candidate diversion location • Incorporate Conceptual Site Layout into Conceptual Design Report 6. Preliminary Assessment of Costs A preliminary assessment of costs will be provided for each alternative. These costs will be limited to initial implementation and need not include life cycle costs. Deliverables • Incorporate Preliminary Assessment of Costs into Conceptual Design Report 7. Regulatory Compliance Assessment The selenium loading reduction and receiving water benefits, if applicable, from diversions will be assessed relative to the draft Best Management Practices Strategic Plan and existing and proposed selenium TMDLs. Meetings will be held with watershed funding partners and OCSD to present information and receive feedback. Deliverables • Incorporate Regulatory Compliance Assessment into Conceptual Design Report 8. Conceptual Design Report A Conceptual Design Report outlining the aforementioned design parameter, costs and regulatory compliance assessment will be prepared. A draft Table of Contents follows: • Introduction • Project Descriptions • Conceptual Site Layouts • Estimated Costs of Construction • Environmental and Regulatory Issues • Recommendations for Next Steps • Summary Deliverables • Draft Conceptual Design Report for review • Final Conceptual Design Report • Final electronic version of Conceptual Design Report in pdf format