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Northeast Ohio Regional Sewer District 2018 Member Community (City of Parma Heights)

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Northeast Ohio Regional Sewer District
2018 Member Community Infrastructure Program
Request for Proposals
May 2017
Introduction
The Northeast Ohio Regional District (District) through the Member Community Infrastructure Program
(MCIP) will fund local communities to address water quality and quantity issues associated with sewer
infrastructure that adversely impacts human health and the environment.
Th
e District will provide funding for up to 75% of project costs. The MCIP funds will be provided by the
District on a reimbursement basis directly to the community based on MCIP project costs, conditioned
on the District’s prior approval of the design and construction of the project.
Th
e District will determine the appropriate funding mechanism, grant or community operating lease,
during project evaluation. Determination of the funding mechanism for the project will be at the
discretion of the District. Refer to the MCIP Policy for additional background and information on the
funding mechanism.
Eligible Projects
Eligible projects include, but are not limited to the following:
• P
rojects to Mitigate SSOs and Illicit Discharges: Projects necessary to mitigate separate sanitary
sewer overflows (SSO) and illicit discharges.
• P
rojects to Mitigate I/I: Projects necessary to address inflow and infiltration (I/I) problems,
including but not limited to, rehabilitation of common trench pipes and manholes, removal o
f
d
irect inflow connections, repair or replacement of cracked or exfiltrating combined, sanitary o
r
storm sewers, and reduction of public and private sources of I/I.
• P
rojects to Remove/Eliminate Failing Home Sewage Treatment Systems (HSTS): Projects to
construct new separate sanitary sewers to eliminate failing HSTSs. HSTS failure shall be
confirmed by the jurisdictional Board of Health.
• Pr
ojects that Improve Local Sewer System Level of Service: Projects that reduce local sewe
r
f
looding and backups in the local system that can be attributed to undersized or structurally
deficient local sewers. Such projects include efforts to address basement flooding in separate
and combined sewer systems, and to the extent practical, on-site stormwater management
practices to mitigate the increase in downstream flows.
• P
rojects to Manage Stormwater Flow that Improve Combined/Sanitary Level of Service:
Projects that reduce volume, flow rate, or pollutant load of stormwater to a combined sewer,
separate storm sewer, and/or directly to receiving water body that improve a combined or
sanitary sewer level of service.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
2
Communities should contact their Watershed Team Leader to review their project prior to submitting a
proposal to ensure eligibility.
Ineligible Projects
MCIP funds shall not be used for any project that causes, accelerates, or contributes to water quality
and quantity issues, flooding and erosion, or is otherwise detrimental to human health within the
District’s service area. Ineligible projects include, but are not limited to the following:
• T
he application of fill materials in floodplains, riparian areas or wetlands, and the culverting or
channelizing of watercourses;
• C
apital, operation, maintenance, and administrative expenses not directly related to an eligible
project; and
• Projects that increase the potential for flooding within a community and/or neighboring
community’s combined, sanitary, or storm sewer systems or local watercourses.
Project Requirements
To be considered for funding, projects must at a minimum meet the following requirements:
• R
educe water quality and quantity issues that impact human health and the environment
associated with combined or separate sanitary infrastructure problems, as determined by the
community or the District
.
• B
e located in the District’s sanitary sewer service area (http://arcg.is/2bPxzEt
).
• M
eet all applicable District, federal, state and local regulations.
• Be
completed within 24 months of a signed MCIP Project Agreement.
• Include at least 25% non-District funds dedicated to the project. These funds may include cash
and/or in-kind sources. For example, costs associated with a road rehabilitation project fo
r
w
hich the MCIP will provide funding for the sanitary or combined sewer replacement may be
captured as non-District funds. In addition, the following project costs may be captured to mee
t
t
his 25% requirement
:
o P
ersonnel: Labor costs for employees of the community related to the direc
t
p
erformance of engineering and design, construction services, project management,
and performance verification on the project.
o Fringe Benefits: Costs for such items as healthcare, dental care, life insurance,
retirement and other standard benefits provided to employees of the community
related to the direct performance of the project.
o P
lanning and design costs directly related to the project that were incurred prior to the
submittal of a project application.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
3
A
ll funds must be approved as eligible by the District for the 25% requirement. Communities
should contact the District’s Watershed Funding Administrator to assess if the funding source is
eligible. Contact information provided under the Timeline and Submission section.
The District, at its sole discretion, may waive the 25% requirement for a community identified by
the Office of the Auditor of the State of Ohio as being a local government in fiscal distress. This
includes a community in fiscal caution, watch or emergency as defined by the Office of the
Auditor of the State of Ohio (https://ohio auditor.gov/fiscal/local.html
).
Terms of Grant Funding
The MCIP is a reimbursement grant and payment will be made only on project-specific invoices as
referenced in the approved project budget. If the project for which you are applying is part of a larger
construction project, the District will require individual, itemized, and verified invoices to support
reimbursement. Refer to the District’s MCIP Policy, Process and Procedures document for additional
information on reimbursement.
C
osts associated with services provided by third-parties towards the project, including technical services
such as engineering and design, construction services, project management, performance verification,
testing and inspection, and/or other direct costs as approved by the District, are eligible for grant
funding. Indirect costs allocations are not eligible for reimbursement.
Project Performance Verification
The District will require post-construction verification for projects to demonstrate that the project is
functioning as intended and meeting the stated objectives. Post-construction verification may include
reporting, monitoring, and/or modeling depending on the type of project. Monitoring may include flow
monitoring, dye- or smoke testing, video-taping, and/or other methods depending on the project.
Modeling shall mean the modeling of pre-construction and post-construction conditions for the project.
Communities shall include their anticipated methods of post-construction verification and shall include
the costs in their project proposal.
Th
e District may require projects focused on I/I elimination to conduct pre- and post-construction
modeling, as well as flow monitoring, to verify I/I reduction and to demonstrate that no negative
impacts will occur as a result of the proposed project. The District will make this decision based on the
proposal. If the project is selected for funding, the community will have sufficient time to develop a
verification plan.
Project Evaluation
The District will review and prioritize proposed projects for available funding based on the following
criteria:
1. I
nfrastructure Condition (30%)
The current and actual condition of the structure using the condition descriptions defined in
Table 1. Information that expands on the description should be provided with the proposal to
assist with the scoring of this category. This may include but is not limited to condition
assessments; quantification of I/I; identification of broken pipes and/or combined or separate
sewer overflows; televised underground system inspection reports; age inventory reports and
maintenance records; and any additional information that may impact the evaluation of the
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
4
infrastructure condition. If available, condition assessments should be provided in accordance
with NASSCO’s Pipeline and Manhole Assessment and Certification Program (PACP and MACP).
NASSCO condition ratings will be required for all project applications starting in 2019. Only
provide a high-level summary spreadsheet that details the sewer systems condition.
Table 1. Rating System for Infrastructure Condition.
Condition
Rating
Description
Score
Failed
Complete reconstruction needed – existing infrastructure is
unsalvageable and/or a PACP/MACP condition scores above 4.
30
Critical
Major reconstruction needed to maintain integrity, and/or A
PACP/MACP condition scores above 4.
24
Poor
Partial reconstruction or extensive rehabilitation required to
maintain integrity, and/or PACP/MACP condition scores between 3-
4.
18
Fair
Major rehabilitation needed to maintain integrity, and/or a
PACP/MACP condition scores between 2-3.
12
Good
Routine maintenance and periodic repairs required to maintain
integrity, and/or a PACP/MACP condition scores between 1-2.
6
New
New infrastructure, and/or a PACP/MACP condition scores between
0-1.
0
For
projects proposing to remove/eliminate failing HSTS the infrastructure condition will be
assessed using Table 2. Information that expands on the description should be provided with the
proposal to assist with the scoring of this category.
Table 2. Rating System for Home Sewage Treatment System Projects
Age of HSTS
Score
20 years or older
30
19-16 years old
24
15-11 years old
18
10-7 years old
12
6 years or younger
6
2. Wat
er Quality and Quantity Impacts on Human Health and the Environment (30%)
Demonstrate the effects of the project on water quality and quantity. Information that verifies
the water quality and quantity issues should be provided with the proposal to assist with the
scoring of this category. This may include but is not limited to official evaluation reports, maps,
and/or photographs. Communities must provide information that addresses the three items
listed below:
NOTE: Projects proposing to remove/eliminate failing HSTS must provide documentation
that the area the City is targeting is part of an approved 'prescription" of the City's 208 Plan
or a letter and/or agreement with the residents for the sewer assessment.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
5
• What is the water quality/quantity problem and what impact does it have on human health
and/or the environment?
• W
hat are the frequency and/or magnitude of the problem?
o How often does it occur;
o What is the severity; and
o What is the impact on the households, and/or businesses, and number of users within
the sewershed?
• H
ow will the proposed project eliminate or reduce the water quality/quantity impact?
T
able 3. Rating System for Water Quality/Quantity Impacts
Water Quality/Quantity Impacts
Score
Continuous Problem with Severe Factors – Affects a large area of District service
area and the water quality/quantity impact occurs on a continuous basis.
30
Continuous Problem – The water quality/quantity impact occurs on a continuous
basis.
24
Intermittent Problem With Severe Factors – Affects a large area of the District’s
service area or the nature of the problem warrants additional consideration.
18
Intermittent Problem – The water quality/quantity impact occurs intermittently.
12
Minor/Potential Problem – Minimal or insignificant documentation provided or the
project has been submitted to avoid a potential problem.
6
Application does not indicate a water quality/quality impact.
0
3. P
roject Provides Source Control of Stormwater (15%)
Project demonstrates source control of stormwater by preventing stormwater from entering th
e
c
ombined or separate sanitary sewer system through removal or detention. To be considered
for points under this criterion, the community will have to show the source control of
stormwater results in removal and management of stormwater from the combined or separate
sanitary sewer system.
4. P
roject Provides a Significant Benefit to the District (15%)
Demonstrate the benefits of the project to the District. Benefits include but are not limited to
projects that reduce flows to District infrastructure for conveyance and treatment, reduce
infrastructure flooding, and/or improve water quality in area waterways to compliment th
e
D
istrict’s ongoing Project Clean Lake Program and Regional Stormwater Management Program.
5. N
on-District Project Funding (10%)
One point will be provided for meeting the minimum requirement of 25%. If the District waives
this requirement for a community in fiscal distress as discussed under Project Requirements in
the Request for Proposals, the proposal will be awarded one point. Proposals must provide
documentation of funding sources.
% of Non-District Funds
Score
25
1
26-28
2
29-31
3
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
6
32-34
4
35-37
5
38-40
6
41-43
7
44-47
8
48-49
9
50-99
10
6.
Pre-application Meeting
District staff will provide an opportunity to meet with applicants to discuss projects prior to submission.
Dates for meetings are June 20, 2017 and June 21, 2017. Please contact the District’s Watershed
Funding Administrator by close of business on May 31, 2017 to schedule a meeting.
P
LEASE NOTE– you must schedule for these meetings, walk-ins will not be accommodated.
Timeline and Submission
Complete applications must be submitted electronically in PDF format and sent as one document.
Submissions must be received by the District by close of business on August 14, 2017. Anticipate a
notice of application receipt within 2 business days of submission.
Th
e District will not review incomplete proposals. If a proposal is determined to be incomplete, the
community will have 5 business days, from the date of email notification, to submit the necessary
information to complete the proposal.
D
irect pre-application meeting requests, submissions, and questions to the Watershed Funding
Administrator:
L
inda Mayer 440- 253-2147 mayerl@neorsd.org
Awards
Award selection and announcements are anticipated in November 2017. Awards are contingent on
funding availability. The District is under no obligation to fund any MCIP request.
Design Complete (5 extra points)
Five extra points will be added to the overall project score if the design is complete at the time
of application submittal.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
8
Project Description
Limit description to one page. Attach reports, plans, and maps as needed to explain the project with
a summary of any attachment within the project description.
The City of Parma Heights experienced three significant rainfall events on 04/19/2017, 06/30/2017 and 07/22/2017. These events overwhelmed the City's separate storm sewer system and, due to the resulting
inflow and infiltration, caused widespread sanitary sewer backups into residential and commercial basements.
Flooding questionnaires were mailed to all residents and over 1,100 responses were received. After analyzing the data received, the highest priority area was determined to be the neighborhood bounded by
West 130th Street, Pearl Road, York Road, and Harwood Drive (along the southern City Corporation limit). This area contains approximately 2,000 residential homes. The majority of this area drains to Big
Creek via a storm sewer culvert located along Beverly Drive.
Surcharging and flooding occurred throughout this entire area. In order the lessen the burden on the existing storm sewers during heavy rainfall events, the City is proposing a regional stormwater management
basin to be located at Nathan Hale Park. Nathan Hale Park is conveniently located at the upstream terminus of Orchard Boulevard where an existing drainage channel conveys flow from the City of Parma
which is located to the south.
The intent is to divert flow from the Meadowbrook Drive rear yard drainage channel and an existing 36" storm sewer on Oakdale Drive to the proposed stormwater basin. In combination, this will divert the
majority of the upstream watershed area and allow it to be detained and slowly released over time. Based upon available land and site constraints at Nathan Hale Park, the proposed stormwater basin could
provide upwards of 23 acre-feet of storage.
The City of Parma Heights experienced three significant rainfall events on 04/19/2017, 06/30/2017 and
07/22/2017. These events overwhelmed the City's separate storm sewer system and, due to the
resulting inflow and infiltration, caused widespread sanitary sewer backups into residential and
commercial basements.
Flooding questionnaires were mailed to all residents and over 1,100 responses were received. After
analyzing the data received, the highest priority area was determined to be the neighborhood bounded
by West 130th Street, Pearl Road, York Road, and Harwood Drive (along the southern City Corporation
limit). This area contains approximately 2,000 residential homes. The majority of this area drains to Big
Creek via a storm sewer culvert located along Beverly Drive.
Surcharging and flooding occurred throughout this entire area. In order the lessen the burden on the
existing storm sewers during heavy rainfall events, the City is proposing a regional stormwater
management basin to be located at Nathan Hale Park. Nathan Hale Park is conveniently located at the
upstream terminus of Orchard Boulevard where an existing drainage channel conveys flow from the City
of Parma which is located to the south.
The intent is to divert flow from the Meadowbrook Drive rear yard drainage channel and an existing 36"
storm sewer on Oakdale Drive to the proposed stormwater basin. In combination, this will divert the
majority of the upstream watershed area and allow it to be detained and slowly released over time.
Based upon available land and site constraints at Nathan Hale Park, the proposed stormwater basin
could provide upwards of 23 acre-feet of storage.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
9
Infrastructure Condition
Review the Project Evaluation section in the Request for Proposals for more details on what is
expected for this category.
1. Che
ck the Box that most accurately reflects the current and actual condition of the structure using
the condition descriptions defined below, or select the Box that reflects the age of home sewage
treatment systems being removed/eliminated.
Condition Rating
Description
Failed
Complete reconstruction needed – existing infrastructure is unsalvageable and/or
PACP/MACP condition scores above 4.
Critical
Major reconstruction needed to maintain integrity and/or PACP/MACP condition
scores above 4.
Poor
Partial reconstruction or extensive rehabilitation required to maintain integrity
and/or PACP/MACP condition scores between 3-4.
Fair
Major rehabilitation needed to maintain integrity and/or PACP/MACP condition
scores between 2-3.
Good
Routine maintenance and periodic repairs required to maintain integrity and/or
PACP/MACP condition scores between 1-2.
New
New infrastructure and/or PACP/MACP condition scores between 0-1.
Age of HSTS
20 years or older
19-16 years old
15-11 years old
10-7 years old
6 years or younger
2. Pr
ovide field verified or documented condition reports.
Co
mbined/Sanitary Sewer
Number of sewer lines break or flooding events during
the life of the sewer
Septic System
Board of Health Condition Rating
Storm Sewer
Number of sewer line breaks during the life of the
sewer or flooding events or number of illicit discharges
1000+
1000+
✔
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
10
3.
Describe the structural deficiencies of the infrastructure. Information that expands on the
descri
ption should be provided with the application.
The City's existing storm sewer system has been repeatedly overwhelmed causing
flooded streets and surcharged sanitary sewers the result of which has been
numerous basements flooded with sanitary sewage.
The City is in the process of setting up storm sewer flow monitoring at 12 initial
locations. These locations have been selected in order to allow hydraulic modeling
of the City's sewers downstream of Nathan Hale Park. Analysis will be performed for
the 5, 10 and 100-year storm events in order to develop recommendations for
restoring capacity in the system including pipe upgrade and storage. Due to the
widespread nature of the flooding that has occurred three times in 2017 alone, a
large volume of storage will be necessary in order to provide immediate relief to the
downstream storm sewers during heavy rainfall events.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
11
Water Quality and Quantity Impacts on Human Health and the Environment
Demonstrate the effects of the project on water quality/quantity. See the Project Evaluation Section
in the Request for Proposals for more details on what is expected for this category.
1.
What is the water quality/quantity problem and what impact does it have on human health
and/or the environment?
2. How will the proposed project eliminate or reduce the water quality /quantity impact?
Frequency: Residential basements are flooding with sanitary sewage on a regular basis (during three
separate storm events in 2017 alone). Many residents have reported experiencing multiple flooding
events.
Severity: Flooding of a few inches of sewage to over a foot of sewage has been reported.
Impact: Many residents have been reporting that their insurance companies will no longer cover the
sewer backups due to the number of events that have already occurred. Residents have reported the
desire to sell their homes but cannot without accepting a loss due to the necessary disclosure of the
sewer backups and flooding events.
The proposed project will be able to detain in excess of 23 acre-feet of stormwater storage. Water quality
stormwater control measures may also be implemented depending upon the availability of funding and
quantity of storage necessary.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
12
3.
What are the frequency and/or magnitude of the problem?
4.
Provide the number of users. F
or projects located primarily in residential areas, provide the number
of households that will be affected by the project. For projects located in multi-use areas, (office,
industrial, educational, commercial), provide the number of employees or students in the area
affected by the project. If there is a residential area included, separately provide the number of
households.
Indi
rect users: Only those applicants that provide documentation and demonstrate that the
infrastructure benefits an area larger than the direct users will be given consideration.
Component
Count Year
Count Source
5. Indica
te the deficiencies the project will mitigate. Check all that apply.
Findings/Orders/Mandates citing deficiencies or violations
Flooding with structural and/or property damage
Undersized structures or structural breaks during the life of the sewer
Service capacity issues
Combined sewer overflows, sanitary sewer overflows or illicit discharges
Other
2000+ Residences (Parma Hts Only)
2017
GIS
There were occurrences of significant basement flooding in 2017 alone (04/19/2017, 06/30/2017
and 07/22/2017). The last similar event occurred in 2011; however, many residents report
flooding at least once every year.
✔
✔
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
13
Source Control of Stormwater
Removal and management of stormwater from the combined or separate sanitary sewer system
1.
Describe how the project will control stormwater.
Significant Project Benefit to the District
Benefits include but are not limited to projects that reduce flows to District infrastructure for
conveyance and treatment, reduce infrastructure flooding, and/or improve water quality in area
waterways to compliment the District’s ongoing Project Clean Lake Program and Regional Stormwater
Management Program.
1.
Describe how the project will significantly benefit the District.
The project consists of a regional stormwater basin with capacity of 23 acre-feet or greater. The
proposed basin will reduce the burden on all downstream storm sewers and Big Creek by detaining
stormwater during heavy storm events and releasing the storage over a prolonged period after the
storm event.
The project will reduce flooding in the Big Creek Watershed and lessen the burden on all downstream
infrastructure.
The project will also reduce stormwater infiltration into the sanitary sewer system by reducing the
amount of storm sewer surcharging occurring during heavy storm events.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
14
Performance Verification
Provide the performance goal for the project and describe the anticipated methods of post-
construction verification of the performance goal. Costs for performance verification may be
included in the project proposal.
The City is in the process of setting up storm sewer flow monitoring at 12 initial locations. These locations have been selected in order to allow hydraulic modeling of the City's sewers
downstream of Nathan Hale Park. Analysis will be performed for the 5, 10 and 100-year storm events in order to develop recommendations for restoring capacity in the system including pipe
upgrade and storage. These 12 locations will be revisited post-construction in order to verify that the project goals have been met.
The City is in the process of setting up storm sewer flow monitoring at 12 initial locations. These
locations have been selected in order to allow hydraulic modeling of the City's sewers downstream of
Nathan Hale Park. Analysis will be performed for the 5, 10 and 100-year storm events in order to develop
recommendations for restoring capacity in the system including pipe upgrade and storage. These 12
locations will be revisited post-construction in order to verify that the project goals have been met.
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
15
Project Schedule and Budget
Provide a project schedule, cash flow, and budget for the project as applicable to the MCIP fund
request. The budget should specify items with prices and quantities necessary for the project. Budget
may include engineering services such as preliminary design, final design, project administration,
construction administration, and performance verification. Do not summarize construction into one
item. A construction contingency up to 10% is permitted but inflationary adjustments are not. Provide
a detailed Engineer’s Estimate and a Useful Life Statement with an engineer’s seal or stamp and
signature by a registered professional engineer in the State of Ohio.
D
esign Cost: _________________
D
esign Schedule:
Start Date____________________ End Date________________________
C
onstruction Cost: _________________
C
onstruction Schedule:
Start Date____________________ End Date________________________
$60,000
08/01/2017
03/31/2018
$1,290,000
04/01/2018
10/31/2018
(See attached "Engineer's Opinion of Probable Cost")
Member Community Infrastructure Program
2018 Request for Proposals
May 2017
16
Draft
2018 Member Community Infrastructure Program Agreement
1
MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM AGREEMENT
BY AND BETWEEN
NORTHEAST OHIO REGIONAL SEWER DISTRICT
AND
____________________________
FOR
_________________________ PROJECT
THIS AGREEMENT (“Agreement”) is entered into as of the __________ day of
____________, 201_ (“Effective Date”), by and between the Northeast Ohio Regional
Sewer District (“District”), a regional sewer district organized and existing as a political
subdivision under Chapter 6119 of the Ohio Revised Code, pursuant to the authority of
Resolution No. _____, adopted by the District’s Board of Trustees on _________, 201_
(Exhibit “A”), and the ____________ (“Member Community”), a _______________ of the
State of Ohio, acting pursuant to Ordinance No. ______, passed on _________, 201_
(Exhibit “B”). The District and the Member Community may be collectively referred to
herein as “Parties.”
RECITALS:
WHEREAS, the District is interested in assisting member communities with water
quality and quantity issues associated with sewer infrastructure that adversely impact
human health and the environment; and
WHEREAS, Ohio law authorizes regional water and sewer districts to enter into
grant agreements with political subdivisions for water resource projects; and
WHEREAS, pursuant to Ohio Revised Code Chapter 6119, generally, and Ohio
Revised Code Section 6119.06(F), the District established the Member Community
Infrastructure Program (“MCIP”) to provide water resource project funding opportunities
to member communities for sewer infrastructure projects in the District’s service area; and
WHEREAS, the District issued a Request for MCIP Proposals (Exhibit “C”); and
WHEREAS, in response to the District’s Request for MCIP Proposals, the Member
Community, a District member community, submitted an application for _________ (the
“Project” or “MCIP Project”), attached hereto as Exhibit “D;”
2
WHEREAS, the District has determined that the MCIP Project will address water
quality and quantity issues associated with sewer infrastructure that adversely impacts
human health and the environment.
NOW THEREFORE, in consideration of the foregoing, the grant to be made by the
District and the mutual promises contained in this Agreement, the parties agree as
follows:
Article 1. The MCIP Project
1.1 The MCIP Project. The Member Community will manage, design, procure and
construct the MCIP Project, which generally consists of
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_________________________________________________, as set forth in
Exhibit “D.”
1.2 Performance Goal and Verification. The performance goal for the MCIP Project is
set forth in Exhibit D and the Member Community agrees to provide the District
with post-construction verification of the performance goal. Failure to do so may
impact future grant awards.
1.3 Compliance with District’s Code of Regulations. The MCIP Project shall be
designed and constructed to ensure compliance with the District’s Code of
Regulations. The goal of the MCIP is to reduce water quality and quantity issues
that impact human health and the environment associated with combined or
separate sanitary and/or storm infrastructure problems.
1.4 Permits and Approvals. The Member Community shall obtain and pay the cost of
all required federal, state and local approvals, including permits, necessary to
initiate and complete the MCIP Project.
1.5 Affected Property Owners. The Member Community shall obtain all easements,
rights of entry, and other necessary legal agreements with affected property
owners to perform construction and to bind any successor in title to maintain
compliance as required in this Agreement. The costs of obtaining such legal
agreements are eligible for MCIP fund reimbursement, if they are part of the
proposal and approved by the Sewer District.
3
1.6 MCIP Project Modifications. The Member Community shall submit requests to
modify the budget, deadlines, deliverables, or other components of the Project to
the District Representative for approval at least fifteen (15) business days prior to
the execution of the modification. Any modification to the MCIP Project must be
approved by the District Representative in writing.
1.7 Photographs of MCIP Project. The District shall have the right to observe, monitor,
inspect, and photograph the MCIP Project at any and all stages of design and
construction, as well as post-construction.
Article 2. Design and Construction of the MCIP Project
2.1 District Review of Design Work. The Parties agree that the District shall have
the right to review and comment on the final MCIP Project design plans prior to
construction. The Member Community shall submit the final MCIP Project design
plans to the District Representative in a timely manner that provides the District
with at least fifteen (15) business days to review. Any modification to the MCIP
Project must be approved by the District Representative in writing.
2.2 MCIP Project Meetings. The District shall have the right to attend all MCIP Project
progress meeting and shall receive at least five (5) business days advance notice
of all such meetings. The District Representative shall receive meeting minutes
from the Member Community within five (5) business days of the meeting for
review and comment, as may be necessary.
2.3 Member Community to Bid and Construct MCIP Project. After the District’s
approval of the MCIP Project design in accordance with Article 2.1 above, the
Member Community shall bid and complete the construction work pursuant to the
approved MCIP Project plans and specifications and in accordance with all
applicable laws and regulations. The Member Community shall be responsible for
construction procurement, supervision, and inspection in accordance with the
terms of this Agreement. The Member Community shall notify the District
Representative of the awarded bid amount within seven (7) calendar days of the
award.
2.4 Construction Schedule. The District shall have the right to review and provide
written comments to the proposed MCIP Project construction schedule, prior to the
selected contractor beginning field activities.
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2.5 Pre-Construction and Construction Meetings. The District shall have the right to
attend all pre-construction and construction meetings with the MCIP Project
contractor. The Member Community shall notify the District Representative, in
writing or via e-mail, of such meetings at least five (5) business days prior to the
meeting date.
2.6 Daily Construction Supervision. The District is not required to and will not provide
any daily construction supervision, or inspection and testing services for the MCIP
Project.
2.7 As-Built Drawings. At the District’s request, the Member Community shall provide
the District Representative with “as-built” drawings for the MCIP Project prior to
creation of the final punch-list.
2.8 Record Drawings. The Member Community shall provide to the District
Representative record drawings, approved by the Member Community’s Engineer,
at the closure of the MCIP Project.
2.9 District Request for Construction Progress Meetings. The Member Community
agrees to meet with the District to review the MCIP construction project status and
progress, as may be requested by the District.
2.10 Payment of Prevailing Wage. The Member Community shall be responsible for
determining whether the payment of prevailing wages, as set forth in Chapter 4115
of the Ohio Revised Code, are required for labor used in constructing the MCIP
Project, and shall ensure compliance with any prevailing wage requirements in
such Chapter.
Article 3. Ownership, Operation, and Maintenance
3.1 Member Community Operation and Maintenance Responsibilities. During
construction and after construction, the Member Community shall own, operate,
and maintain the MCIP Project. The Member Community shall reimburse the
District in an amount equal to one hundred percent (100%) of the District Funds
provided by the District under this Agreement if this provision is violated. In the
event that the District determines a violation of this section has occurred, the
District shall notify the Member Community in writing. The Parties agree to resolve
any dispute relating to such alleged violation in accordance with the procedure
set forth in Article 9 of this Agreement.
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3.2 Post-Construction Operation and Maintenance Plan. The Member Community
shall provide the District with a post-construction operation and maintenance plan
for the MCIP Project within thirty (30) days of substantial completion of the MCIP
Project. Such plan shall include funding sources to provide for operation and
maintenance and shall be updated by the Member Community, as may be
necessary, and as may be requested by the District.
3.3 Maintenance Inspection Records. The Member Community shall maintain a record
of the Member Community’s maintenance inspections and overall performance of
the MCIP Project for at least three (3) years and shall submit a copy to the District
upon reasonable request.
Article 4. Project Costs and Funding
4.1 District Funds. The District agrees to pay the Member Community an amount not
to exceed ________ Dollars ($_________) (the “District Funds”) on a
reimbursement basis, in accordance with the terms of this Article and Article 6.
The anticipated reimbursement amount for calendar year 2018 is $______ and
for 2019 is $____________. Yearly anticipated reimbursement amounts may only
be altered in writing at the discretion of the District’s Director of Watersheds. The
District shall withhold five percent (5%) or $__________ of the District Funds until
the District receives final record drawings for the MCIP Project.
4.2 Member Community Funds. The Member Community agrees to pay all MCIP
Project costs that exceed the amount of the District Funds (“Member Community
Funds”). Under no circumstance, shall the District be responsible for payment of
any costs that, in aggregate, exceed the amount of the District Funds, including,
but not limited to, Differing Site Conditions or other unforeseen situations. Prior to
the Member Community issuing a notice-to-proceed for any MCIP Project related
work or service, the Member Community shall provide the District a copy of the
certification by the Member Community’s Finance Director that the Member
Community Funds have been lawfully appropriated by the Member Community
for the Project. This certification is attached hereto as Exhibit “E.”
4.3 Use of District Funds and Quarterly Reimbursement Requests and Progress
Reports. The District Funds must be used for activities and expenses approved
by the District that are related to the MCIP Project accrued on or after January 1,
2018 and in accordance with the project schedule requirements set forth in Article
6. In accordance with the provisions of this Agreement, the District shall reimburse
the Member Community for eligible MCIP Project expenses based upon paid
invoices, prepared and submitted by the Member Community to the District, in the
6
form prescribed by the District, and including all supporting documentation as
required by this Agreement and the MCIP Policy, Process, and Procedures,
attached hereto as Exhibit “F.”
Quarterly reimbursement requests and progress reports shall be submitted to the
District in accordance with the following:
• First Request: Due April 27, 2018 for work completed January 1,
2018– March 31, 2018;
• Second Request: Due July 31, 2018 for work completed April 1,
2018- June 30, 2018;
• Third Request: Due October 31, 2018 for work completed July 1,
2018 – September 30, 2018;
• Fourth Request: Due January 31, 2019 for work completed October
1, 2018 – December 31, 2018;
• Fifth Request: Due April 30, 2019 for work completed January 1,
2019 – March 31, 2019;
• Sixth Request: Due July 31, 2019 for work completed April 1, 2019-
June 30, 2019;
• Seventh Request: Due October 31, 2019 for work completed July 1,
2019 – September 30, 2019; and
• Eighth Request: Due January 31, 2020 for work completed October
1, 2019 – December 30, 2019.
Failure to submit the quarterly reimbursement request and progress report in
accordance with these deadlines may result in the revocation of the Agreement by
the District.
The District will accept submission of the final reimbursement request and
progress report prior to the defined quarterly reimbursement schedule.
The Member Community agrees to meet with District staff, as requested, to review
MCIP Project progress and to use the quarterly reimbursement request and
progress report form provided by the District and available at:
http://www.neorsd.org/mcip.php
.
4.4 Third Party Payments. The Member Community shall bear the risk and remain
solely responsible for any payments made by the Member Community to third
parties for work not approved by the District.
4.5 Records Retention. The Member Community shall keep all records and documents
relevant to the MCIP Project, including but not limited to, an accurate, current, and
7
complete accounting of all financial transactions for the MCIP Project. Such
records and documents shall be available at reasonable times and places for
inspection and copying by the District or any authorized representative thereof and
shall be submitted to the District upon request along with any other compliance
information which may be reasonably required.
4.6 District Funds Not Used. Any District Funds that are not used to complete the
MCIP Project shall be retained by the District.
Article 5. Public Participation and Outreach
5.1 Educational Signage and Public Outreach. The Member Community shall
coordinate any educational signage and any public outreach with the District. The
Member Community shall acknowledge the District on MCIP Project related
outreach communications and in public meetings that discuss the MCIP Project.
5.2 District Right To Reject. The District reserves the right to reject any signage,
related to the MCIP Project.
Article 6. Project Schedule and Warranty Period.
6.1. Project Schedule. The MCIP Project schedule shall be as set forth in the Project
Schedule and Budget Section of Exhibit “D.” Any change to the Project schedule
must be approved in writing by the District Representative.
6.2 MCIP Project Warranty. The Member Community’s construction agreement shall
require the contractor to provide a minimum of a one (1) year warranty period that
commences upon final completion of the MCIP Project construction (“Warranty
Period”). Prior to the conclusion of the Warranty Period the Member Community
shall perform a CCTV inspection of the installed Project and provide a report to the
District.
Article 7. Term.
7.1 Term. This Agreement shall begin on the date first above written and expire upon
successful completion of the obligations contained herein.
8
Article 8. Insurance.
8.1 Insurance. The Member Community shall require MCIP Project consultants and
contractors to name the Northeast Ohio Regional Sewer District as an Additional
Insured for general liability, automobile liability, and property liability insurance
coverages.
Article 9. Dispute Resolution.
9.1 Continuation of Obligations. The Parties shall continue the performance of their
obligations under this Agreement notwithstanding the existence of a dispute. The
District reserves the right to deposit District Funds in an escrow account until the
dispute is resolved.
9.2 Designated Representatives. The Parties shall first try to resolve the dispute at
the level of the designated representatives as follows:
District Representatives
Member Community Representatives
Director of Watershed Programs
_______________
If the Parties are unable to resolve the dispute at that level within ten (10) working
days, the Parties shall escalate the dispute to the following level to resolve the
dispute:
District Representatives
Member Community Representatives
District Chief Legal Officer or CLO’s
designee
_______________
9.3 Mediation. If the Parties remain unable to resolve the dispute within an additional
ten (10) working days, the Parties shall proceed to mediation upon request by
either party. The Parties shall mutually select a mediator who is experienced in
public utility infrastructure engagements. The mediator shall review all documents
and written statements, in order to accurately and effectively resolve the dispute.
The mediator shall call a meeting between the Parties within ten (10) working days
after the mediator appointment, which meeting shall be attended by at least the
respective representatives in Article 9.2 above. The Parties shall attempt in good
faith to resolve the dispute. The Parties agree to follow the Uniform Mediation Act,
9
Chapter 2710 of the Ohio Revised Code. The Parties shall share the cost of the
mediator equally.
9.4 Mediation Resolution. Such mediation shall be non-binding between the Parties
and, to the extent permitted by law, shall be kept confidential. If the dispute is
resolved and settled through the mediation process, the decision will be
implemented by a written agreement signed by both Parties. If the dispute is
unable to be resolved through mediation, the Parties agree to submit the dispute
to the appropriate jurisdiction as per Article 10, Remedies, below.
Article 10. Remedies.
10.1 Remedies and Ohio Law. The Parties agree that, after exhausting the
dispute resolution process outlined above, all claims, counterclaims, disputes and
other matters in question between the Parties arising out of or relating to this
Agreement, or the breach thereof, will be decided at law. This Agreement shall be
governed by and interpreted according to the law of the State of Ohio. A party may
file a lawsuit in a court of competent jurisdiction in Cuyahoga County, Ohio.
Article 11. Notifications.
11.1 Points of Contact. The Parties hereby designate the following individuals to serve
as the primary points of contact under this Agreement:
District Representative
Member Community Representative
Watershed Funding Administrator
_____________
Article 12. Release of Liability.
12.1 Release of All Liability. The Parties understand and agree that the District has no
responsibilities or interest in the MCIP Project with respect to ownership, operation
and maintenance and is acting solely as a funding source. The Member
Community hereby releases the District from all liability related to the grant funding
provided by the District hereunder. The Member Community further releases the
District from all liability for: (i) the design, construction, implementation, operation,
maintenance, and inspection of the Member Community’s MCIP Project; (ii) any
damages to third parties caused by the design, construction, implementation,
operation, maintenance, inspection and every other aspect of the Member
Community’s MCIP Project; (iii) any defective performance of the Member
Community’s MCIP Project by the Member Community and/or its agents; and (iv)
10
any damages caused by malfeasance or misfeasance of the grant funds by the
Member Community.
Article 13. Miscellaneous.
13.1 Limit of Commitment. This grant is made with the understanding that the District
has no obligation to provide other or additional support, including maintenance of
the Member Community’s MCIP Project. This grant does not represent any
commitment to, or expectation of, future support, including maintenance of the
Member Community’s MCIP project from the District.
13.2 Disclaimer of Joint Venture. This Agreement is not intended to create a joint
venture, partnership or agency relationship between the Parties, and such joint
venture, partnership, or agency relationship is specifically hereby disclaimed.
13.3 Authority to Execute. Each person executing this Agreement represents and
warrants that it is duly authorized to execute this Agreement by the party on whose
behalf it is so executing.
13.4 Counterpart Signatures. This Agreement may be executed in counterparts, each
of which shall be deemed to be an original, but which counterparts when taken
together shall constitute one Agreement.
13.5 Modification of Agreement. This Agreement may only be modified by written
instrument executed by each party.
13.6 Merger Clause. This Agreement, along with any exhibits attached hereto,
encompasses the entire agreement of the parties, and supersedes all previous
understandings and agreements between the parties, whether oral or written.
13.7 Binding on Successors. This Agreement is binding upon, and inures to the benefit
of, the parties and their respective permitted successors and assigns.
13.8 Prohibition on Assignment and Subcontracting. The Member Community may not
assign or subcontract its rights or duties under this Agreement, in whole in part,
whether by operation of law or otherwise, without the prior consent of the District.
Consent may be withheld for any reason or no reason. Any assignment or
subcontract made in contravention of the foregoing shall be void and of no effect.
13.9 Severability. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid, in whole or in part for any reason, such provision
shall be stricken from this Agreement and such provision shall not affect the validity
of the remainder of this Agreement.
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13.10 Headings. The headings in this Agreement are included for convenience only
and shall neither affect the construction nor the interpretation of any provision in
this Agreement.
13.11 Relationship of Agreement to Exhibits. The exhibits to this Agreement are attached
for reference purposes only. Nothing in this Agreement shall be construed to
modify, alter, clarify, or give effect to the terms and conditions of the various
exhibits attached to this Agreement.
Article 14. Exhibits.
It is mutually understood and agreed that all Exhibits attached hereto are made a
part hereof as if fully written herein. In the case of any conflict or variance between the
terms of this Agreement and the terms of referenced documents, the terms of this
Agreement shall govern.
The following Exhibits attached hereto are hereby incorporated with and made
a part of this Agreement:
Exhibit “A” – District Resolution
Exhibit “B” – Member Community’s Authorizing Ordinance
Exhibit “C” – Request for MCIP Proposals
Exhibit “D” – Member Community’s MCIP Application
Exhibit “E” - Member Community’s Certification of Funds
Exhibit “F” – MCIP Policy, Process and Procedures
<< INTENTIONALLY LEFT BLANK >>
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The parties hereto have executed and delivered this Agreement as of the date first above
written.
NORTHEAST OHIO REGIONAL SEWER DISTRICT
B
y: ____________________________________
Kyle Dreyfuss-Wells
Chief Executive Officer
and: ___________________________________
Darnell Brown, President
Board of Trustees
MEMBER COMMUNITY
_______________________________________
By: ____________________________________
The legal form and correctness
of this instrument is approved.
B
y: _______________________
ERIC LUCKAGE
District’s Chief Legal Officer
Date: ________________________, 2018
This Instrument Prepared By:
Rebecca Schaltenbrand and Katarina Waag
Assistant General Counsel
Northeast Ohio Regional Sewer District
Each party agrees that this Agreement may be executed and distributed for signatures via
email, and that the emailed signatures affixed by both parties to this Agreement shall have
the same legal effect as if such signatures were in their originally written format.
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Northeast Ohio Regional Sewer District 2018 Member Community (City of Parma Heights)

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Completed 14 July 2020

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