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Home My WebLink AboutOC SANITATION DISTRICT - 2000-10-02phone. i 7141 962-24 . 1 fax: 1114] 952,356 www.ocad.com mailing address. PO BOX 8127 raurta-n Vulley. CA i 92728-6127 street address: \' C844 EIiis Avenue iounta!r Volley. CA 92708-7016 I nAember r Agencies 1 Cities Anaheim L Brea �! B: was Park Qpruss ' Fountain Valley + huh ermn Garden Grove Huntrr 9"mI Beach Irvine La Habra La Palma Los Alamaos NIPM-00rt Beach 1 Orange I Placentia Santa Ana { Seal Beach �l Stanton Tustin % V,.. ,? Park II Yorba l rnda 1 County of Orange Sanitary Districts CO5tui Mesa Mrtti'ay City Water Districts Irvin Ranch 1 •ORANGE COUNTY SANITATIR DISTRICT April 3, 2002 M. Todd Broussard City of Huntington Beach P.O. BOX 190 Huntington Beach, CA 92648 SUBJECT: Cooperative Projects Program Contract No. 0006 Amendment No. 2 Enclosed is a copy of executed Cooperative Projects Program Contract No. 0006 Amendment No. 2 for your files. The enclosed amendment extends the completion date from January 2, 2002 to July 2, 2002 and the overall project completion date including submission of all project deliverables and requests for reimbursement to July 30, 2002. Please be advised that any further requests for a contract extension will require Board of Directors approval. If you have any questions. please contact Pamela Koester at (714) 593-7379. L� �' 1 , " Corina Chaudhry Management Analyst CC:PK:sa LCMS-_-07324/S Enclosure To .T, a:ntain vir;rld-class !eaaerstvp rr. wastewater and eater riniour ce mewagen?t;nt i f i • E AMENDMENT NO. 2 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0006 THIS AMENDMENT NO. 2 to COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0006, is made and entered into, to be effective this �? day of _ 2002, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT'; AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "AGENCY". RECITALS WHEREAS, on October 2, 2000, DISTRICT and AGENCY entered into a Cooperative Projects Program Contract ("Original Contract"), in connection with DISTRICT's Cooperative Project Program; and WHEREAS, on June 18, 2001, DISTRICT and AGENCY executed Amendment No. 1 to Cooperative Projects Program Contract, for purposes of extending the completion date in the Original Contract an additional six (6) months, up to and including January 2, 2002; and WHEREAS, the terms and conditions of both the Original Contract and Amendment No. 1 will expire prior to the project completion, due to unforeseen or unavoidable circumstances; and WHEREAS, DISTRICT and AGENCY mutually desire to further extend the term of the Original Contract and Amendment No. 1, in order to allow AGENCY to complete the project; and 1 WHEREAS, pursuant to the terms of the Original Contract, any extension beyond six (6) months shall be approved by DISTRICT's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: Paragraph 4 of the Original Contract is hereby amended in full to read as follows: "The term of this Contract is from January 2, 2002, which is the project completion date in Amendment No_ 1, through completion of the project, or July 2, 2002, whichever occurs first, unless terminated earlier as provided for in Paragraph 5 of the Original Contract entitled 'Termination'. All project deliverables and requests for reimbursement must be received by July 30, 2002." Section 2- Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. 11 II 11 11 2 . .• ~ fI--\ IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Cooperative Projects Program Contract to be duly executed on their behalf by their authorized representatives. COUNTY SANITAT,It3'N DI r, Board of lEGDQi A7 S TO FO By -MASL.WO DRUFF ISTRICT COUNSEL CITY OF HUNTINGTON BEACH INITIATED AND J =-` APPROVED BY: Director of ;yI11c Works CITY OF HUNTINGTO ' _ BEACH BY: Mayor ATTESTED BY: Clerk ,% 3/Slo 2 APPROVED AS /e' -z.-Oz '/D1- TO FORM: AXity Attorney / �'/ REVIEWED AND APPROVED BY: City Administrator EDMS: 003729383 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFOR N[A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: Orange County Sanitation District ATTENTION- Pam Koester tame P.O. Box 8127 DEPARTMENT: saver fQMntain Valley, CA 92728-8127 REGARDING: Amendment No. 2 t City. State. Zip Cooperative Projects Program Contract No. 0006 See Attached Action Agenda Item E-8 Date of Approval _2/ 19/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item- �Sl� Remarks: Please return an executed copy of amendment no. 2 to the City Clerk's Office, Connie Brockway CityClcrk attn: Jeffrey Hughes, Deputy City Clerk, at the above address. Thank you. Attachments: Action Agenda Page x Agreement x2 Bonds Insurance RCA Deed Other CC: R. Beardsley DPW x Name Departmem RCA Agrr=mt Imurance Ocher T. Broussard DPW x Name Department RCA AVew=a insurance Other Name Departmem RCA Agreemew Insurance Other None Depan—ml RCA Agrmnem Insurance Other Name Department RCA lmura= (Telephone: 714-536-5227 ) I00 C T Ty OF HUNTINGTON BEAG.�, ��, MEETING DATE: February 19, 2002 DEPARTMENT ID U BER: PW 02-019 Council/Agency Meeting Held: 0`L-19+42 Deferred/Continued to: - Approved ❑ ConditionAOL-<eP4, Approved ❑ Denied 1�Pm7ftt�fi 5—,o Oakg*r4 WI..; r4'i W City Clerku Siqnature Council Meeting Date: February 19, 2002 1 Department ID Number: PW 02-019 1 ,CITY OF HUNTINGTON BEACH N REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Cc) -U D ,,, SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR�� NO . PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH THE ORANGE COUNTY SANITATION DISTRICT - COOPERATIVE PROJECTS PROGRAM Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : Approve Amendment No. 2 to the contract with the Orange County Sanitation District pursuant to its Cooperative Projects Program. Funding Source No funding is required for this action.. Recommended Action : Motion to: Approve and authorize the Mayor and City Clerk to execute. Amendment No. 2 to Cooperative Projects Programs Contract No. 0006 with the Orange County Sanitation District. Alternative Action(s): Do not approve Amendment No. 2 and discontinue City participation with the Orange County Sanitation District's Cooperative Projects Program. This. action would result in the loss of $200,000 in secured grant funding. 02-019 Feb 19 Broussard (OCSD Amend) dZ 2/7/0211:51 AM 0 REQUEST FOR ACTION 10 MEETING DATE: February 19, 2002 Analysis: DEPARTMENT ID NUMBER: PW 02-019 On March 20, 2000, Council authorized staff to apply to the Orange County Sanitation District (OCSD) for funding through its Cooperative Projects Program_ Applications for this funding were submitted and subsequently approved for a Sewer Master Plan Update, to include an inflow and infiltration study. At the time of application, it was anticipated that the projects would commence by July 2000 However, the OCSD Cooperative Agreements were not executed until October 2000. This, coupled with delays in the consultant selection process, necessitated that additional time be granted to complete the project. Amendment No_ 1 to the original contract extended the completion time from July 2001 to January 2002. Amendment No. 2 will allow for an additional six-month contract extension in order to incorporate wet weather flow monitoring, which will provide more precise information in evaluating our sewer system_ Public Works Commission Review: Not applicable for this action. Environmental Status-: Not applicable for this action. Attachments : Amendment No. 2 to Contract No_ CP-0006 (2-copies) RCA Author = T.Broussard:jm, X5247 02-019 Feb 19 Broussard (OCSO Amend) -3= 215/02 11:39 AM Ll .7 ATTACHMENT #1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: APPROVE AMENDMENT NO.2 TO THE CONTRACT WITH THE ORANGE COUNTY SANITATION DISTRICT - COOPERATIVE PROJECTS PROGRAM COUNCIL MEETING DATE: February 19, 2002 RCA -ATTACHMENTS STATUS Ordinance (Wexhibits & le islative draft if applicable)__ Not Applicable_ Resolution wfexhitJits & legislative draft if applicable Not Applicable Tract Map, Location Map and/or other Exhibits Not A plicable Contract/Agreement (w/exhibits if applicable) (Signed in full q the Ci Attorne Attached Subleases, Third Party Agreements, etc. Approved as to form by Ci Attorne Not Applicable Certificates of Insurance (Approved Py the CLIX Atforne Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not licable Commission, Board or Committee Report if applicable) Not licabie Findings/Conditions for Approval and/or Denial Not ARElicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED --RETURNED' FORWARDED Administrative Staff 1 Assistant Ci Administrator initial Ci Administrator initial -City Clerk EXPLANATION FOR RETURN OF ITEM: • ORANGE COUNTY SANITATIIIN DISTRICT �5 1 . f f 11 1 Phone: r / (714) S62-2411 1 , mailing address: PU Rox 8127 Focnta n Valley, CA 92728-8127 street address- 10844 =,hs Avenue I, FpL:nta.n Valley. CA 92708-7019 I s 3 Member Agencies A i Cities \ Anaheim. Brea; Buena Park ; Cypress 1 Fountain valley FuYermn Garden Grove Nununquln Reach lrv,ne La Nahr, La Palma Los Alarmws Ne.vporL Reach Ora.•ryt± '. Phicentra ! Santa Ana Seal Beach Stanton Tustin rr Vnia Park i Y•rba Linda `\ County of Orange r -- __-; Districts `. l CcsGi Mesa Midway City t Water Districts r lrvrne Ranch ,1 r July 5, 2001 Todd Broussard City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Cooperative Projects Program Contract No. 0006 Amendment No. 1 Enclosed is a copy of executed Cooperative Projects Program Contract No. 0006 Amendment No.1 for your files. The enclosed amendment extends the completion date from July 2, 2001 to January 2, 2002 and the overall project completion date including submission of all project deliverables and requests for reimbursement to February 2, 2002. Please be advised that any further requests for a contract extension will require Board of Directors approval If you have any questions, please contact Pamela Koester at (714) 593-7379- Corina Chaudhry Management Analyst CC:PK_jo G `•+w d[Meng'JOBS K CGN; RACTS r7�:aoPe`bi,':e rrc;ctl5 viq;irm•�'hl^_. ar..e..cr-c�.,--,�r:�� yicr eezict f,! iece! CP OCO-G amend No i 7.5.31 :p[ Enclosure A?;rntF nu:�l Y1/prldl 'ass LeadprshrP rn Wasw ate- ar:rl Water. Pesourre M o3yoment- AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0006 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0006, is made and entered into, to be effective this 18chday of June , 2001, by and between. - ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District" AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "Agency". 1:7341irAI M WHEREAS, on October 2, 2000, District entered into a Cooperative Projects Program Contract ("Original Contract") with Agency, in connection with District's Cooperative Projects Program; and WHEREAS, the term of the Contract is from the date of contract execution by both parties, through completion of the project, or July 2, 2001, whichever occurs first; and WHEREAS, the Original Contract with Agency will expire prior to the project's completion; and WHEREAS, District and Agency desire to extend the term of the Original Contract for an additional six (6) months, in order to allow Agency to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its project. 1 • ,7 NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows. - Section 1: Section 4 of the Original Agreement dated October 2, 2000, is hereby amended to read as follows- "The.term of this Contract shall be extended for a additional six (6) months from the original project completion date, up to and including January 2, 2002. Requests for reimbursement must be received by February 2, 2002. Any extension beyond six (6) months, shall be approved by District's Board of Directors." Section 2: Except as modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. K • • IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be duly executed on their behalf by their authorized representatives. ORANGE GOkINTYtt1TATlON DISTRICT By 730/ Blake P. Andemson, General Manager APPROVED AS TO FORM, THOMAS L. WOODRUFF GENERAL COUNSEL By Prll� CI OF HUNTINGTON BEACH INITIATED AND APPROVED BY: Director of Public Works CITY OF HUNTIN N BEACH BY: 6V» Mayor (/ " .f ATTESTED BY: Clerk L APPROVED AS TO FORM BY- -- , Attorney REVIEWED AND �a1 L_'P APPROVED BY- City A inistrator Gawp dtalengUOBS & CONTRACTSU-73kCooperatwe Projects Program12000 amendmenWHuntm9ton BeacMOCS0 - Huntmgton Beach CP 0006 AMEND.NO. 1 5-3-01 doe [<j ,ITY OF HUNTINGTON BEAC b � R� MEETING DATE: June 18, 2001 I I3r'W)P(V / �Vr DEPARTMENT ID NUMBER: PW 01-070 Council/Agency Meeting Held: Deferred/Continued to: Approved 0 Conditionally Approved O D d PiEQ..City Clus Signature Council Meeting Date: June 18, 2001 Department ID Number: PW 01-070 z CITY OF HUNTINGTON BEACH o REQUEST FOR ACTION z� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS V -C rn-n=M D o SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOPGZoaO C.)co = PREPARED BY: OBERT F. BEARDSLEY, DIRECTOR OF PUB I KS 1 SUBJECT: APPROVE AMENDMENTS NO. 1 TO THE CONTRACTS WITH THE rr ORANGE COUNTY SANITATION DISTRICT - COOPERATIVE PROJECTS PROGRAM Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : Should the City Council approve Amendments No. 1 to the two existing contracts with the Orange County Sanitation District pursuant to their Cooperative Projects Program? Funding Source No funding is required for this action. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Amendments No. 1 ' to Cooperative Projects Programs Contracts No. CP-0005 and No. CP-0006 with the Orange County Sanitation District. Alternative Action(s): Do not approve Amendments No. 1 and discontinue City participation with the -Orange County Sanitation District's Cooperative Projects Program. This action would result in the loss of $1,900,400 in secured grant funds for sewer infrastructure projects and the potential loss of $1,000,000 in a pending grant application. 01-070 June 18 Broussard (OCSD Amend) -2- 616101 10:31 AM . 1 REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PW 01-070 Analysis: On March 20, 2000, Council authorized staff to apply to the Orange County Sanitation District for funding through its Cooperative Projects Program. Applications for this funding were submitted and subsequently approved for a Sewer Master Plan Update, to include an inflow and infiltration study, and a project to line portions of the sewer infrastructure in the Huntington Harbour. At the time of application, it was anticipated that the projects would commence by July 2000. However, the OCSD Cooperative Agreements were not executed until October 2000. This, coupled with delays in the contra ctorlconsultant selection process, necessitates that additional time be granted to complete these projects. Amendment No. 1 to our current contracts will extend the completion time from July 2001 to January 2002. Public Works Commission Review: Not applicable for this action Environmental Status : Not applicable for this action. Attachment(s): 1. 1 Amendment No_ 1 to Contract No. CP-0005 (2-copies) 2. Amendment No. 1 to Contract No. CP-0006 (2-copies) RCA Author: T.Broussard, X5247 01-070 June 18 Broussard (OCSD Amend) -3- 616101 6:39 PM ATTACHMENT #1 j r s r ` (1i 1` 1 i phone: (7141962-241 : ;1 I mailing address: .r 2C. Fig= 8127 f Focrta,n Valley. GA 92728-6127 street address: I/ 10844 =1.is avenue Fountain Vallev. CA `. 92708-7()18 ` I Member I Agencies e ; Cities Anahear, Brea Buena Park cy,7r»ss Folrr,t?,r. Dailey Fuller-tOn Garden G-ovd Nunungtin Beach lrvne La Habra ' La Palm.) j Los Ala,n,tos r Newport Hearn Or•en�e � Placent+a ! $unto An Sea! Beac-!r $canton Tustin v,;la Pa. Yorba Linda ti County of Orange Sanitary Districts Casur Mesa Urie"ay Cry Water Districts !rvrne Panch • ORANGE COUNTY SANITAA DISTRICT May 17, 2001 Todd Broussard City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Cooperative Projects Program Contract No. 0006 Amendment No. 1 Enclosed are two copies of the approved Cooperative Projects Program Contract No. 000.5*mendment No. 1. The enclosed amendment extends the completion date from July 2, 2001 to January 2, 2002 and the overall project completion date including submission of all project deliverables and requests for reimbursement to February 2, 2002. Please have the contract amendment reviewed, signed, and returned to the District. Once received from your agency, the District's General Manager will sign the contract amendment. One copy of the contract amendment will be returned to you for your files. If we may be of further assistance, please call Pam Koester at (714) 593-7379_ li Lq, Corina Chaudhry Management Analyst CC:JDH:PK:jak G-1wp_dtaterrgU0E1S & CONTRACTSU-731Cooperative Projects Program1P000 amendmentslHuntington Beachtext letter CP 0006 Amend No_ 1 - for signature 5-14-01 doc Enclosure 'Ma,nra!r•,ng Wur±uClass ! exlt .r irp ,n Westewnwi- and Water ✓-7Nsuurc Managemr.ri - AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0006 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0006, is made and entered into, to be effective this 18trday of June , 2001, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District" AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "Agency". RFCITAI R WHEREAS, on October 2, 2000, District entered into a Cooperative Projects Program Contract ("Original Contract") with Agency, in connection with District's Cooperative Projects Program; and WHEREAS, the term of the Contract is from the date of contract execution by both parties, through completion of the project, or July 2, 2001, whichever occurs first; and WHEREAS, the Original Contract with Agency will expire prior to the project's completion; and WHEREAS, District and Agency desire to extend the term of the Original Contract for an additional six (6) months, in order to allow Agency to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its project. 1 NOW, THEREFORE, in consideration of the foregoing, it is agreed between the.Parties hereto as follows: Section 1: Section 4 of the Original Agreement dated October 2, 2000, is hereby amended to read as follows: "The term of this Contract shall be extended for a additional six (6) months from the original project completion date, up to and including January 2, 2002. Requests for reimbursement must be received by February 2, 2002. Any extension beyond six (6) months, shall be approved by District's Board of Directors." Section 2: Except as modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 2 • IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT LM Blake P. Anderson, General Manager APPROVED AS TO FORM: THOMAS L. WOODRUFF GENERAL COUNSEL By CITUF HUNTINGTO CH INITIATED AND APPROVED BY: Director of Public Works CITY OF HUNTI TON BEACH BY: el- -yl May f ATTESTED BY Clerk ti dr APPROVED AS TO FORM BY: ,ty Attorney ,[ b-�-0% REVIEWED AND � r� APPROVED BY: City Administrator G 1wp dtalengUOBS & CONTRACTSU-731Cooperative Projects Program12000 amendmentsuiuntington Beach\OCSD - Huntington Beach CP 0006 AMEND NO- t 5.3-01.doc 3 • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 11-TTER OF TR4.IS_NIITTA1, OF ITEM APPROVED BY THE CITY COtr1CIL/ REDF.VEI,OPIIENT AGENCY OF TTIE CITY OF HUN-TINGTON BEACH DATE: October 20, 2000 TO: Orange County Sanitation District ATTENTION: Board Secretary Name P.O. Box 8127 DEPARTINIENT: Sleet Fountain Valley, CA 92728-8127 REGARDL`G: Cooperative Projects City. state. zip Procrarn; Contract Nos. CP-0005 & CF-0005 See Attached Action Agenda Item E--6 Date of Approval 10-2-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Please return an executed copy of each contract (CP-0005 & CP-0006) to the Connie Brockway City Clerk City Clerk's Office at the above address. Thank you. Attachments: Action Agenda Page x Agreement �ea.Bonds Insurance RCA Deed Other CC: _ Name Department RCA A=ramcnt Insurance Other Name Deparnnent RCA Agr"ment Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept_ Insurance (Telephone- 714-5396277) (17) • October 2, 2000 — Councogency Agenda - Page 17 E-5. (City Council) Approve Amendment No. 1 to Reimbursement Agreement between the City and Shea Homes, L.P. In Connection with Professional Planning Services/ Entitlement Processing for Parkside Estates Project wlo of Graham Street slo of Kenilworth Drive) — Authorize Appropriation of Funds (600.10) 1. Approve Amendment No 1 to Reimbursement Agreement between the City of Huntington Beach and Shea Homes Limited Partnership for Costs Incurred for Professional Planning Services in Connection with the Parkside Estates Project; and authorize the Mayor and City Clerk to sign, and 2. Approve the appropriation of funds of $75,000 to the Planning Department's Contractual Services Account for processing of Developers entitlements for the Parkside Estates project Submitted by the Planning Director. Funding Source: Unappropriated General Fund balance to be reimbursed by Shea Homes, L.P. not to exceed $75,000. [Approved 6-0-1 (Garofalo absent)] E-6. Award and Execute Two Contracts between the City and the Orange Count Sanitation District for the Cooperative Projects Program: (1) Contract CP-0005 for the Sewer Master Plan U datelinflow and Infiltration Stud • CC-1144 and M Contract CP-0006, for the Huntington Harbour Sewer Slip Lining Project: CC-1161 (600.25) —Approve and authorize the Mayor and City Clerk to execute two contracts: (1) for the Sewer Master Plan update and an Inflow and Infiltration Study; CC-1144, No. CP-0005 titled Orange County Sanitation District Cooperative Projects Program Contract and (2) for the Huntington Harbour Sewer Lining Project; CC-1161, No. CP-0006, titled Orange County Sanitation District Cooperative Projects Program Contract. Submitted by the Public Works Director. Funding Source: Not required. Matching funds up to $200,000 appropriated in the Sewer Fund Contract Services Account for project CC-1144. Matching funds from a S950,200 grant from the Environmental Protection Agency (EPA) for $1,900,400 for project CC-1161 [Approved 5-0-1-1 (Sullivan abstain; Garofalo absent)] The Following Agenda Item E-7 Encompasses Action to be Taken by the City Council -Redevelopment Agency Members and by Council Members Sitting as Public Financing Authority Members: E-7. (City Council/Public Financina Authoritv) Accept Phase I Improvements (MSC 352 for City Wide Energy Retrofit Project with Sem ra Energy Solutions to Provide New Retrofit Components for 36 Structures at 28 Locations) and Authorize Appropriation and Transfer of Funds for Phase 11 Improvements (Second and Final Phase of Construction) (600.90) — City Council Action: Accept the Phase I improvements and authorize the City Clerk to file the Notice of Completion with the County Recorders Office. Public Financing Authority Action: Approve the appropriation of $2,174,425 in 2000A PFA (Public Financing Authority) bond proceeds for the completion of Phase II of the City Wide Energy Retrofit Project, and authorize the transfer of said funds into an expenditure account. Submitted by the Public Works Director. Funding Source: Per Public Financing Authority action above. [Approved 6-0-1 (Garofalo absent)] n Council/Agency Meeting Held: Ia— 2-00 Deferred/Continued to: 11 Approved ❑ Conditionally Approved ❑ Denied 5— — Council Meeting Date: October 2, 2000 4-wrilvl I mi yvw-�,NwDl DM Cy Clef s- Signature Department ID Number: PW 00-089 No• 0o0b CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o =: Z r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORa°y IV �- �JJ � '�-PPREPARED BY: (9- BERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS I SUBJECT: AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS FOR THE ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : Should the Council authorize the Mayor and City Clerk to execute the contracts for the Sewer Master Plan update and an Inflow and Infiltration Study, CC-1144 and the Huntington Harbour Sewer Lining Project, CC-1161, approved through the Orange County Sanitation District Cooperative Projects Program? Funding Source : Funding is not required for the agreement. Matching funds of up to $200,000 for the Sewer Master Plan update and an Inflow and Infiltration Study are appropriated in the Sewer Fund Contract Services account 21085201-69365. A $950,200 grant from the Environmental Protection Agency (EPA) will be used as a match for a $1,900,400 sewer lining project in the Huntington Harbour. Recommended Action : Motion to: Approve and authorize the Mayor and City Clerk to execute the contracts for the Sewer Master Plan update and an Inflow and Infiltration Study, CC-1144 and the Huntington Harbour Sewer Lining Project, CC-1161, approved through the Orange County Sanitation District Cooperative Projects Program. F- C 0 REQUEST FOR ACTION • MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PW 00-089 Alternative Actions): Reject the contracts for the Orange County Sanitation District Cooperative Projects Program and direct staff as to how to pursue the projects This action would result in the potential loss of $1,900,400 in grant funds for sewer infrastructure projects Analysis: On March 20, 2000, Council authorized staff to apply to the Orange County Sanitation District for funding through their Cooperative Projects Program Applications for this funding were submitted and subsequently approved for a Sewer Master Plan, to include an inflow and infiltration study, and a project to line portions of the sewer infrastructure in the Huntington Harbour_ Contracts, which will provide funding for these projects, have been reviewed by staff and are ready for execution_ Public Works Commission Review: Not Applicable at this time. Environmental Status : Not Applicable at this time. Attachment(s: 1 Location Map 2. Contract No_ CP-0005 (2-copies) (Svz� ojot?) O'k-' 3 ;Contract No. CP-0006_(2-copies) RCA Author T.Broussard, X5247 g-englbroussard/ocsda pps100-01 RCA ocsd contract_doc.dot -2- 09120100 11:34 AM • ATTACHMENT #1 NOT TO SCALE EDINGER AVENUE \ WARNER AVENUE HUNTINGTON HARBOUR LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS • L ATTACHMENT #2 1 *ORANGE COUNTY SANITATIQN DISTRICT November 6, 2000 pdwne: 17141962-2411 Todd Broussard (X 52-1-7 mailing address: City of Huntington Beach PI] Bcx 8127 Faunta n Velley. CA 2000 Main Street 92728-8127 Huntington Beach, CA 92648 street address= 10844 Ell Averue Founta.nvalley,ca SUBJECT: Cooperative Projects Program Contract No.'s 0005 and�QQOfi _ 92708-7018 Enclosed please find copies of Cooperative Projects Program Contract No.'s 0005 and_0066.f6 your files. Member C� 10 C r I 0 44 Agencies W • If we may be of further assistance, please call Pam Koester at CiC1es (714) 593-7379. Anahe,rn Brea Buena Park Cypress Fountain. Valiey Fullerton Garde, i Grove M.-iiunyton 5eech Irvine La Habra La Pakr,a Los Aiam.-tos Newport Beach Orange Pk►cf�nua Santa Ana Seal Seuch Stanton r:SGr, Vilfa Park Yorba Linda County of Orange Sanitary Districts Costa Mesa M'dway City Water Districts Irvine Panr;h Corina Chaudhry Management Analyst CC:PK:jak H=1wp.dtWengW8S 8 CON TRACTSU-731,Coopefative Projects ProgramlFY00-01 Contractsitiunt;ngton Beach''tContract Transmittal Letter 11-06-00 doc Enclosure "M;llnrzmi�, q AlOrI.C-Onss Li aJe .hip r. UV,1su.-vjaWr and Water Hescu,rce Vi7n;iyernent 0 • Contract No. CP-0006 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, this Contract is entered into on - October 2 , 2000 by and between the Orange County Sanitation District (hereinafter referred to as "DIS I RICT') whose address is P.O. Box 8127, Fountain Valley, California 92728, and the City of Huntington Beach (hereinafter referred to as "AGENCY"), and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County. California and DISTRICT is authorized under State law to implement the California Porter — Cologne Water Quality Control Act, and WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit "A" (Project Description/Statement of Work) attached hereto and incorporated herein by reference, more particularly. and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application_ NOW THERF.FORF, the Parties agree as follows. AUDIT- AGI'.NCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determ inc if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICTshall coordinate such audit through AGENCY'S audit staff. If an amount is found to he inappropriately expended. DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. In the event AGENCY participates in other funding programs or funding progrars with a matching fund requirement for the project described in Exhibit "A", AGENCY agrees to refund DISTRICT for any extraordinary costs, including financial audit(s), etc., to meet the funding agency's program requirements. 2. GREASE ORDINANCE. — AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including; specifically but not limited to. Chapter 10 and Appendix H, as a waste pretreat inent/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix I I. 0 1 0 Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation — Best Management Practices) attached hereto and incorporated herein by reference. 4. "TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or July 2, 2001, whichever occurs first unless terminated earlier as provided for in Paragraph 5 below entitled "I'ermination. All project deliverables and requests for reimbursement must be received by July 30, 2001. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six (6) shall be approved by the DISTRICT'S Board of Directors. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A", and Exhibit "C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non -breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days' or provide written notification of its intention to terminate this Contract with thirty (30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 22 below, entitled — "1\otices." "Termination shall not he the exclusive remedy of the non -breaching party. The non -breaching party reserves the right to seek any and all remedies provided by law. DISTRICI reserves the right to terminate this Contract for non -breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non -breach. 6. INSURANCE. - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive) of One Million Dollars (S1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of S2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with S5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract- AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICI' shall be named as an additional insured on such liability policy and thirty- (30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre -approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY_ rNT)EMNIFICATION - AGENCY agrees to hold harmless, defend, and indemnify DISTRICT, its officers, employees, agents, representatives and successors -in -interest against any and all loss, damage, cost or expenses which DISTRICT, its officers, employees, agents, representatives and • 0 successors -in -interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, sub -agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third party for the performance of work as part of the Project. PAYMENT - A. DISTRICI' shall pay AGENCY a Firm Fixed Price of Two Hundred Thousand Dollars (S200,000.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty (60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICTfor payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.Q. Box 8127. Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit "A" is completed and proof of completion is provided to DISTRICT- If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits "A" (Project Description/Statcment of Work), "B" (Project Cost Breakdown), and "C (Project Milestone Schedule) of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit "A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit "B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 9. COMPLIANCE WITH APPLICABLE LAWS - AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 10. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cast of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any f` benefits, privileges, or plans, given or extended by DISTRICT to its employees. 11. OWNERSHIP — Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 12. NON-DISCRIMINATION — In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et scq.), the Federal Civil Rights .Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub -AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 13_ ASSIGNMENT —'The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either parry without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 14. NON -EFFECT OF WAIVER AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 15. ATTORNEY'S FEES — In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 16. FORCE MAJFURE — Neither DISTRICT nor AGENCY shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY- 17. SEVERABILI TY — In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18_ HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 20. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be Change County, California. 21. PRE -CONTRACT COSTS - Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre -contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 22. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary AGENCY: City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92(A8 Attn: Douglas Stack, Principal Civil Engineer 23. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall he binding on any parry unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: E COUNTY SANITATI :� BY: - 'SecretarW Board of Di ctors APPR VED AS TO FORM: OMAS L. DRUFF D TRICT COUNSEL CITY OF HUNTINGTON BEACH ATTESTED BY: INITIATED AND ( G✓�� APPROVED BY: Director—o-f Public Works CITY OF HUNTINGTON-4�� ft, BEACH BY: Mayor Pro T APPROVED AS TO FORM: City Attorney Q REVIEWED AND APPROVED BY: C y Administrator Il.\wp.dta\eng\JOBS & CONTRACTSU-73\Cooperative Projects PrograrnTY00-01 Contracts\lluntington Beach\2000 CPP Contract Huntington Beach 2.doc 6 Exhibit A Project QescriptioniStatement of Work EXHIBIT A: PROJECT DESCRIPTION 1 STATEMENT OF WORK Project Goals and Objectives The City of Huntington Beach's goal is to rehabilitate the sewer system within its City limits. One aspect of rehabilitation is to address areas of inflow and infiltration (I11) in the sewer system. The City's current Sewer Master Plan was completed in 1995 and did not address specific areas of III, rather, the study reserved 10% of the required capacity for Ill. Due to the City's high water table and proximity to the Ocean, and the age of the existing facilities (30 years +) it is likely that I11 in several areas of the City's sewer system is above average. The study update would serve the City and ultimately the DISTRICT by identifying areas of the sewer system subject to Ill, for rehabilitation. The City's benefits would be (1) defective sewer facilities become compliant with current standards and (2) substantial reduction of Ill would result in reduction of lift station use and (3) allows City to meet the DISTRICT'S requirements to apply for future funding from the DISTRICT. The DISTRICT benefits would be (1) increased capacity in the DISTRICT'S trunks (2) reduced flows in DISTRICT lift stations and (2) substantial elimination of saltwater currently being conveyed to the DISTRICT'S system. Scope of Work City scope of work will be at a minimum the following: 1. Contract Consultant to update the City Wide Sewer Master Plan and to include Ill Study. 2 City staff to meet with Consultant to review guidelines for Study. 3. Provide available Closed Circuit Television (CCTV) video of sewer mains. 4. Provide CCTV services for areas as needed. 5. City staff to meet with Consultant to review Draft Study. 6_ Final Study submitted for adoption by the City. Copies forwarded to DISTRICT Pro'ect End Products and Deliverables 1. Once the Study is complete, it will be used to identify areas of the City's sewer system to be mitigated to reduce Ill. The Study will also serve as a resource to the DISTRICT to better evaluate its operations. • • Exhibit B Project Cost Breakdown • • EXHIBIT B: PROJECT COST BREAKDOWN A. Please provide the following information regarding project funding: What is your funding contribution When will the funding become available? B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY 1. AGENCY funds available in FY 00-01 2. Cooperative funds requested 3. Additional Project Co -funding 4. Total Project Cost Is the Cooperative Projects Program Funds request less than or equal to 50% of the Total Proposed Project Cost? Is the Cooperative- Projects Program Funds -request less than or equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to cover ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? inn nnn MKITi1 AMOUNT S 200.000 $ 200,000 $ 0 $ 400,000 YES NO ■ AM] 7MINVO ■ � ■ 0 • C. Please list all funding sources other than the Cooperative Projects Program: NON -COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. City 50% match from sewer fund $ 200,000 2. $ 0 3. $ 0 4. $ 0 TOTAL OTHER PROJECT CO -FUNDING: $ 200,000 D. As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when defining labor costs. Please return this page as part of your Project Application. - CAPITAL EQUIPMENT COSTS (PIPE, MAN -HOLE FRAME AND COVER, ETC.) 2. .............................. 3. 4. TOTAL CAPITAL EQUIPMENT COSTS: DIRECT LABOR COST: 1. Sewer Master ( Plan Consultant) ......................... _._(lump _sum1 2. 1/1 Monitomg__fConsultano (lump 3. 20% Contingency ................................... _ 4. _ TOTAL DIRECT LABOR COSTS: AMOUNT $ 0 $ 0 $ 0 $ 0 $ 0 AMOUNT $ 150,000 $ 180,000 $ 70,000 S $ 400,000 0 • OTHER DIRECT COSTS, INCLUDING SUBAGENCY& AMOUNT 1. $ 2. $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ ADMINISTRATIVE COSTS: TOTAL PROJECT COSTS: $ 400,000 Please note that the Total Project Cost reflected in subsections S and D, above, should be consistent. • Exhibit C Project Milestone Schedule • • EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 4. — 65% Completion May 15, 2001 Task 6. — Agency Acceptance July 1, 2001 R Consultant Selection C�■■■■■■■■�■■■ Research &Vorfitorin■■C: ■■ :■.':■r■■r■ .5% Submittal■■■■■■■■ :■7r■■■ ■■■■■■■■r■C�rrii 'ter ■■■■�■rir�r■■■■�■r • 11 Exhibit D Water Conservation - Best Management Practices EXHIBIT 1 OF THE MOU Adopted September 30, 1997 California Urban Water Conservation Council 435 Capitol Mall, Suite 705 Sacramento, CA 95814 Phone: 916-552-5885 Fax: 916-552-2931 September 30, 1997 BMP1 � WATER SURVERROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS Implementation Implementation shall consist of at least the following actions: a) Develop and implement a strategy targeting and marketing water use surveys to single-family residential and multi -family residential customers. b) Directly contact via letter or telephone not less than 20% of single-family residential customers and 20% of multi -family residential customers each reporting period. . c) Surveys shall include indoor and outdoor components, and at minimum shall have the following elements. Indoor i) Check for leaks, including toilets, faucets, and meter check ii) Check showerhead flow rates, aerator flow rates. and offer to replace or recommend replacement, as necessary iii) Check toilet flow rates and offer to install or recommend installation of displacement device or direct customer to ULFT replacement program. as necessary; replace leaking toilet flapper, as necessary Outdoor iv) Check irrigation system and timers v) Review or develop customer irrigation schedule Recommended but not required vi) Measure currently landscaped area vii)Measure total irrigable area d) Provide customer with evaluation results and water saving recommendations; leave information packet with customer. e) Track surveys offered. surveys completed, survey results, and survey costs. BMP 1 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting and marketing water use surveys to single-family residential and multi -family residential customers by the end of the first reporting period following the date implementation was to commence. d) The coverage requirement for this BMP, as specified in Section C of this Exhibit. shall be realized within 10 years of the date implementation was to commence. Coverage Requirements a) Not less than 15% of single-family residential accounts to receive water use surveys within 10 years of the date implementation was to commence. b) Not less than 15% of multi -family residential units to receive water use surveys within 10 vears of the date implementation was to commence. Requirements for Documenting BMP Implementation a) Number of single-family residential accounts in service area. b) Number of multi -family residential accounts in service area. c) Number of single-family residential surveys offered during reporting period. d) Number of single-family residential surveys completed during reporting period. e) Number of multi -family residential surveys offered during reporting period. f) Number of multi -family residential surveys completed during reporting period. • BMP 1 W WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS Criteria to Determine BMP Implementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi -family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has directly contacted not less than 20% of single-family residential accounts and 20% of multi -family residential units during period being reported. c) Agency is on schedule to complete surveys for 15% of single-family residential accounts and 15% of multi -family units within 10 years of the date implementation was to commence. Agencies will receive credit against the coverage requirement for previously completed residential water use surveys according to the following schedule:' % Credit Before 1990 0.00/0 1990 12.5% 1991 25.0% 1992 37.5% 1993 50.0% 1994 62.5% 1995 75.0% 1996 87.5% 1997 1DO. 0% d) Agencies will be considered on track if the percent of single-family accounts and the percent of multi -family accounts receiving water use surveys equals or exceeds the following: 1.5% by end of first reporting period following date implementation to commence: j.6% by end of second reporting period: 6.3% by end of third reporting period. 9.6% by end of fourth reporting period: and 13.5% by end of fifth reporting period. In its study - What is the Reliable Yield from Residential Home water Survey Programs_ The Experience of LADWP'' (AWWA Conf. Proceedings. 1995). A & N Technical Services. lnc., found that the average level of saVLnes from home water surveys decreased over time. reaching about 50°.0 of initial yield by the fourth year following the survey. on average_ The above decay schedule used for crediting past surveys utilizes these findings to recognize and account for the limited persistence of water savings over time from home water use 3 BMP 1 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS Water Savings Assumptions Low -flow showerhead retrofit Toilet retrofit (five year life) Leak repair Landscape survey (outdoor use reduction) survevs. -4- Pre-1980 Construction acd 1.3 gcd 0.5 ecd 10% Post-1980 Construction 2.9 _cd 0.0 scd 0.5 -cd 10% • BMP2 • RESIDENTIAL PLUMBING RETROFIT Implementation Implementation shall consist of at least the following actions: a) Identify single-family and multi -family residences constructed prior to 1992. Develop a targeting and marketing strategy to distribute or directly install high - quality, low -flow showerheads (rated 2.5 gpm or iess). toilet displacement devices (as needed), toilet flappers (as needed) and faucet aerators (rated 2.2 gpm or less) as practical to residences requiring them. b) Maintain distribution and/or direct installation programs so that devices are distributed to not less than 10% of single-family connections and multi -family units each reporting period, or require through enforceable ordinance the replacement of high -flow showerheads and other water using fixtures with their low -flow counterparts, until it can be demonstrated in accordance with Section E of this Exhibit that 75% of single-family residences and 75% of multi -family units are fitted with high -quality, low -flow showerheads. c) Track the type and number of retrofits completed. devices distributed. and program costs. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MQU or becoming subject to the MOU•after December 31, 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting the distribution and/or installation of high -quality. low -flow plumbing devices to single-family residential and multi -family residential customers by the end of the first reporting period following the date implementation was to commence. d) An agency may elect to discontinue its device distribution programs without filing a formal budget or cost-effectiveness exemption when it can demonstrate that 75% of its single-family residences and 75% of its multi -family units constructed prior to I992 are fitted with high -quality. low --flow showerheads. BMP 2 RESIDENTIAL PLUMBING RETROFIT Coverage Requirements a) Plumbing device distribution and installation programs to be maintained at a level sufficient to distribute high -quality, low -flow showerheads to not less than 101,0 of single-family residences and 10% of multi -family units constructed prior to 1992 each reporting period, or the enactment of an enforceable ordinance requiring the replacement of high -floe showerheads and other water use fixtures with their low - flow counterparts. b) Plumbing device distribution and installation programs to be operated until it can be demonstrated in accordance with Section E of this Exhibit that 75% of single-family residences and 75% of multi -family units are fitted with high -quality, low -flow showerheads. Requirements for Documenting BMP Implementation a) The target population of pre-1992 single-family residences and multi -family units to be provided showerheads and other water saving devices. b) The number of showerhead retrofit kits distributed during previous reporting period. c) The number of device retrofits completed during the previous reporting period. d> The estimated percentage of pre-1992 single-family residences and multi -family units in service area fitted with low -flow showerheads. Criteria to Determine BMP Implementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi -family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has tracked the type and number of retrofits completed, devices distributed, and program costs. --1- • BMP2 • RESIDENTIAL PLUMBING RETROFIT c) :agency EITHER DOS i) has distributed or directly installed high -quality, low -flow showerheads and other low -flow plumbing devices to not less than 10% of single-family residences and 10% of multi -family units constructed prior to 1992 during the reporting period: and/or has enacted an ordinance requiring the replacement of high -flow showerheads and other water use fixtures with their low --flow counterparts - ii) can demonstrate through customer sun!eys with 95% statistical confidence and a 10% error that 75% of single-family residences and 75% of multi -family units constructed prior to 1992 are fitted urith low -flow showerheads_ Water Savings Assumptions Low --flow showerhead retrofit Toilet retrofit (five year life) Pre-1980 Construction 7.2 ¢cd 1.3 gcd Post-1990 Construction ?_9 gcd 0.0 gcd BMP 3 SYSTEM WAR AUDITS, LEAK DETECTIO�AND REPAIR Implementation Implementation shall consist of at least the following actions: a) Annually complete a prescreening system audit to determine the need for a full-scale system audit. The prescreening system audit shall calculated as follows: i) Determine metered sales: ii) Determine other system verifiable uses; iii) Determine total supply into the system; iv) Divide metered sales plus other verifiable uses by total supply into the system. If this quantity is less than 0.9, a full-scale system audit is indicated. b) When indicated. agencies shall complete water audits of their distribution systems using methodology consistent with that described in AWWA"s " Water Audit and Leak Detection Guidebook." c) Agencies shall advise customers whenever it appears possible that leaks exist on the customer's side of the meter; perform distribution system leak detection when warranted and cost-effective. and repair leaks when found. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU Coverage Re uirements a) Agency shall maintain an active distribution system auditing program. b) Agency shall repair identified leaks whenever cost-effective. SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR Requirements for Documenting BMP Implementation a) Prescreening audit results and supporting documentation, b) Maintain in-house records of audit results or the completed A1VVWA Audit Worksheets for each completed audit period. Criteria to Determine BMP Implementation Status a) Agency has annually completed a pre-screening distribution system audit. b) Agency has conducted a full system audit consistent with methods described by AWWA's "Manual of Water Supply Practices, Water Audits and Leak Detection" whenever indicated by a pre-screening audit. Water Savings Assumptions Unaccounted water losses assumed to be no more than 10% of total water into the water supplier's system. -2- • BMP 4 • METERING WITH COMMODITY RATES FOR ALL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS implementation Implementation shall consist of at least the following actions: a) Rewiring meters for all new connections and billing by volume of use b) Establishing a program for retrofitting existing unmetered connections and billing- by volume of use_ c) Identifying intra- and inter -agency disincentives or barriers to retrofitting mixed use commercial accounts with dedicated landscape meters, and conducting a feasibdin study to assess the merits of a program to provide incentives to switch mixed use accounts to dedicated landscape meters. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) A plan to retrofit and bill by volume of use existing unmetered connections to be completed by end of the first reporting period following the date implementation was to commence. d) A feasibility study examining incentive programs to move landscape water uses on mixed -use meters to dedicated landscape meters to be completed by end of the first reporting period following the date implementation was to commence. Coverage Re uirements 100% of existing unmetered accounts to be metered and billed by volume of use within 10 years of date implementation was to commence. BMP 4 METERING WITH COMMODITY RATES FOR ALL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS Requirements for Documenting BMP Implementation a) Confirmation that all new connections are metered and are being billed by volume of use. b) Number of unmetered accounts in the service area. For the purposes of evaluation. this shall be defined as the baseline meter retrofit target. and shall be used to calculate the agencies minimum annual retrofit requirement. c) Number of unmetered connections retrofitted during the reporting period. d) Number of CII accounts with mixed -use meters. e) Number of CII accounts with mixed -use meters retrofitted with dedicated irrigation meters during reporting period. Criteria to Determine BMP Implementation Status a ) Agency with existing unmetered connections has completed a meter retrofit plan by end of first reporting period following the date implementation was to commence. b) Agency has completed a feasibility study examining incentive programs to move landscape water uses on mixed -use meters to dedicated landscape meters by end of first reporting period following the date implementation was to commence. c) Agency with existing unmetered connections is on track to meter these connections within 10 years of the date implementation was to commence. An agency will be considered on track if the percent of unmetered accounts retrofitted with meters equals or exceeds the following: 10% by end of first reporting period following date implementation to commence: 24% by end of second reporting period; 42% by end of third reporting period: 64° o by end of fourth reporting period: and 90% by end of fifth reporting period. Water Savings Assumptions Assume meter retrofits will result in a 20% reduction in demand by retrofitted accounts. . BMP 5 • LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES Implementation Implementation shall consist of at least the following actions: Customer Support, Education and Assistance a) Agencies shall provide non-residential customers with support and incentives to improve their landscape water use efficiency. This support shall include. but not be limited to. the following: Accounts with Dedicated Irrigation Meters a) Identify accounts with dedicated irrigation meters and assign ETo-based water use budgets equal to no more than 100% of reference evapotranspiration per square foot of landscape area in accordance with the schedule given in Section B of this Exhibit. b) Provide notices each billing cycle to accounts with water use budgets showing the relationship between the budget and actual consumption in accordance with the schedule given in Section B of this Exhibit; agencies may choose not to notify customers whose use is less than their water use budget. CommerciaVIndustriaVinstitutional Accounts with Mixed -Use Meters or Not Metered a) Develop and implement a strategy targeting and marketing large landscape water use surveys to commercial/industrialiinstitutional (CII) accounts with mixed -use meters. Each reporting period, directly contact via letter or telephone not less than 20% of CII accounts with mined -use meters and offer water use surveys. (Note: CII surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) b) linmetered service areas will actively market landscape surveys to existing accounts with large landscapes. or accounts with landscapes which have been determined by the purveyor not to be water efficient. c) Offer the following measures when cost-effective: i) Landscape water use analysislsurveys ii) Voluntary water use budgets ill) Installation of dedicated landscape meters BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES iv) Training (multi-lingual where appropriate) in landscape maintenance, irrigation system maintenance. and irrigation system design. �) Financial incentives to improve irrigation system efficiency such as loans. rebates. and grants for the purchase and/or installation of water efficient irrigation systems. vi) Follow-up water use analyses/surveys consisting of a letter, phone call, or site visit where appropriate d) Survey elements will include: measurement of landscape area. measurement of total irrigable area; irrigation system check. and distribution uniformity analysis; review or develop irrigation schedules. as appropriate; provision of a customer survey report and information packet. e) Track survey offers, acceptance, findings, devices installed, savings potential, and survey cost. New or Change of Service Accounts Provide information on climate -appropriate landscape design, efficient irrigation equipment/management to new customers and change -of -service customer accounts. Recommended a) Install climate appropriate water efficient landscaping at water agency facilities, and dual metering where appropriate. b) Provide customer notices prior to the start of the irrigation season alerting them to check their irrigation systems and make repairs as necessary. Provide customer notices at the end of the irrigation season advising them to adjust their irrigation system timers and irrigation schedules. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the second vear following the vear the agency signed or became subject to the MOU. - 2 - BMP 5 LARGE LANDSCAPE• CONSERVATION PROGRA41S AND INCENTIVES c) Develop ETo-based water use budgets for all accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. d) Develop and implement a plan to target and market landscape water use surveys to CII accounts writh mixed -use meters by the end of the first reporting period from the date implementation was to commence. e) Develop and implement a customer incentive program by the end of the first reporting period from the date implementation was to commence. Coverage Re uirements a) ETo-based water use budgets developed for 90% of CI1 accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. b) Not less than 20% of CII accounts with mixed -use meters contacted and offered landscape water use surveys each reporting period. c) Irri¢ation water use surveys completed for not less than 15% of CII accounts with mixed -use meters within 10 years of the date implementation was to commence. (Note: CII surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) Re uirements for Documenting BMP Implementation Dedicated Landscape Irrigation Accounts Agencies shall preserve water use records and budgets for customers with dedicated landscape irrigation accounts for a period of not less than two reporting periods. This information may be used by the CUWCC to verify the agency's reporting on this BMP . a) Number of dedicated irrigation meter accounts. b) ?dumber of dedicated irrigation meter accounts with water budgets. c) Aggregate water use for dedicated landscape accounts with budgets. d) Aggregate budgeted water use for dedicated landscape accounts with budgets. -3- BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES Mixed Use Accounts a) Number of mixed use accounts b) Number, type. and dollar value of incentives, rebates, and no, or low interest loans offered to, and received by. customers. c) Number of surveys offered d) Number of surveys accepted e) Estimated annual water savings by customers receiving surveys and implementing recommendations. Criteria to Determine BMP implementation Status a) Agency has developed water use budgets for 90% of accounts with dedicated irrigation meters by end of second reporting period from date implementation was to commence. b) Agency has implemented irrigation water use survey program for CII accounts with mixed -use meters. and directly contacts and offers surveys to not less than 20% of accounts each reporting period. (A program to retrofit mixed -use accounts with dedicated landscape meters and assigning water use budgets. or a program giving mixed -use accounts ETo-based budgets for irrigation uses satisfies this criterion.) c) Agency is on track to provide water use surveys to not less than 15% of CII accounts with mixed -use meters within 10 years of the date implementation was to commence. Agency may credit 100% of the number of landscape water use surveys for CI1 accounts with mixed -use meters completed prior to July 1, 1996, that have received a follow-up inspection against the coverage requirement; and 50% of surveys that have not received follow-up inspections. Agency may credit 100% of the number of landscape water use surveys completed for CII accounts -vith mixed -use meters after July 1. 1996 against the coverage requirement. (A program to retrofit mixed -use accounts with dedicated landscape accounts. or a program giving mixed -use accounts ETo-based budgets for imgation uses satisfy this criterion.) d) An agencv will be considered on track if the percent of CII accounts with mixed -use meters receiving a landscape water use survey equals or exceeds the following: 1.5% by end of first reporting period following date implementation to commence; 3.6% by end of second reporting period, 6.3% by end of third reporting period; 9.6% by end of fourth reporting period; and 13.5% by end of fifth reporting period. (A program to retrofit mixed -use accounts with dedicated landscape accounts, or a program giving mixed -use accounts ETo-based budgets for irrigation uses satisfy this criterion.) ME . BMP 5 • LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES el Agency has implemented and is maintaining customer incentive program(s) for irrigation equipment retrofits. Water Savings Assumptions Assume landscape surveys will result in a 15% reduction in demand for landscape uses by surveyed accounts. -5- 0 BMP 6 • HIGH -EFFICIENCY WASHING MACHINE REBATE PROGRAMS Implementation Implementation shall consist of at least the following actions: CUWCC Actions and Responsibilities a) Within 6 months from the adoption of this BMP, the Council will develop interim estimates of reliable water savings attributable to the use of high -efficiency washing machines based on the results of the THELMA Study and other available data. Water purveyors may defer implementing this BMP until the Council has adopted these interim estimates. b) Within two years from the adoption of this BMP, the Council will complete studies quantifying reliable savings attributable to the use of high -efficiency washing machines. c) At the end of two years following the adoption of this BMP, the Council will appoint a committee to evaluate the effectiveness of triggering high -efficiency washing machine financial incentive programs operated by MOU signatories with programs operated by energy service providers. This committee will consist of 2 group 1 representatives. 2 group 2 representatives. and the CUWCC Administrator or Executive Director or his/her designee. This BMP will be modified by the appointed committee to require agencies to implement financial incentive programs for high - efficiency washing machines whenever cost-effective and regardless of the absence of a program operated by an energy service provider if the committee concludes from available evidence the following: the CUWCC has verified that significant water savings are available from high - efficiency washing machines; • there is widespread product availability; and financial incentive programs offered by energy service providers in California have either not materialized, been largely discontinued or significantly scaled back. Water Purveyor Responsibilities a) In conjunction with the CUWCC. support local. state. and federal legislation to improve efficiency standards for washing machines. HIGH -EFFICIENCY WASHING MACHINE REBATE PROGRAMS b) If an energy service provider or waste water utility within the service territory is offering a financial incentive for the purchase of high -efficiency washing machines. then the water agency shall also offer a cost-effective financial incentive based on the marginal benefits of the water savings. Incentive levels shall be calculated by using methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA. CUWCC, and US EPA. February 1994. A water purveyor is not required to implement a financial incentive program if the maximum cost-effective rebate is less than $50. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. Coverage Requirements Cost-effective customer incentive for the purchase of high -efficiency washing machine offered if incentives are being offered by local energy service providers or waste water utility. Requirements for Documenting BMP Implementation a) Customer incentives to purchase high -efficiency washing machines being offered by local energy service providers, if any. b) Customer incentives to purchase high -efficiency washing machines being offered by agency, if any. - 2 - 0 BMP 6 0 HIGH -EFFICIENCY WASHING MACHINE REBATE PROGRAMS Criteria to Determine BMP Implementation Status a) Agency has determined if energy service providers or waste water utilities operating within service territon- offer financial incentives for the purchase of high -efficiency washing machines. b) If energy service provider or waste water utility operating within agency's service territory is offering financial incentives, agency has calculated cost-effective customer incentive using- methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA. CUWCC_ and US EPA. February 1994, and is offering this incentive to customers in service temtory. Water Savings Assumptions Not quantified at this time • 8MP 7 • PUBLIC INFORMATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a public information program to promote water conservation and water conservation related benefits. b) Program should include, but is not limited to, providing speakers to employees. community groups and the media. using paid and public service advertising: using bill inserts; providing information on customers' bills showing use in gallons per day for the last billing period compared to the same period the year before; providing public information to promote water conservation practices, and coordinating with other govennnent agencies. industry groups, public interest groups, and the media. Implementation Schedule a) Agencies signing the MOU prior to December 3 1, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coveracie Re uirements Agencies shall maintain an active public information program to promote and educate customers about water conservation. Requirements for Documenting BMP Implementation a) Number of public speaking events relating to conservation during reporting period b) Number of media events relating to conservation during reporting period. c) Number of paid or public service announcements relating to conservation produced or sponsored during reporting period. d) Types of information relating to conservation provided to customers. e) .Annual budget for public information programs directly related to conservation. BMP 7 PUBLIC INFORMATION PROGRAMS Criteria to Determine BMP Implementation Status Agency has implemented and is maintaining a public information program consistent with BMP Ts definition. Water Savings Assumptions Not quantified. - 2 - • BMP 8 • SCHOOL EDUCATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a school education program to promote water conservation and water conservation related benefits. b) Programs shall include working with school districts and private schools in the water suppliers' service area to provide instructional assistance, educational materials. and class -room presentations that identify urban. agricultural. and environmental issues and conditions in the local watershed. Education materials shall meet the state. education framework requirements. and grade appropriate materials shall be distributed to grade levels K-3.4-6, 7-8, and high school. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Covera a Requirements Agencies shall maintain an active school education program to educate students in agencies' service areas about water conservation and efficient water uses. Requirements for Documenting BMP Implementation a) Number of school presentations made during reporting period. b) Number and tape of curriculum materials developed and/or provided by water supplier. including confirmation that curriculum materials meet state education framework requirements and are grade -level appropriate. BMP 8 SCHOOL EDUCATION PROGRAMS c) Number of students reached. d) Number of in-service presentations or teacher's workshops conducted during reporting period. e) Annual budeet for school education programs related to conservation. Criteria to Determine BMP Implementation Status Agency has implemented and is maintaining a school education program consistent with BMP 8's definition. Water Savings Assumptions Not quantified. - 2 - • BMP 9 0 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS Implementation Implementation shall consist of at least the following actions: a) Identify and rank commercial. industrial, and institutional customers according to use For purposes of this BMP. commercial, industrial. and institutional customers are defined as follows: Commercial Customers: any water use that provides or distributes a product or service, such as hotels, restaurants, office buildings. commercial businesses or other places of commerce. These do not include multi -family residences, agricultural users. or customers that fall within the industrial or institutional classifications. Institutional Customers: any water -using establishment dedicated to public service. This includes schools, courts, churches, hospitals, and government facilities. All facilities serving these functions are to be considered institutions regardless of ownership. Industrial Customers: any water users that are primarily manufacturers or processors of materials as defined by the Standard Industrial Classifications (SIC) Code numbers 2000 through 3999. b) With -in one year of the adoption of this BMP, the CUWCC shall establish long-term implementation targets for the replacement of high -water -using toilets with ULFTs in the CII sector. Implementation targets Arill be based on the findings of the CUWCC CII ULFT Water Savings Study. EITHER c) Implement a CII water -use survey and customer incentives program in accordance with the description below. OR d) Achieve water use reductions in the C11 equaling or exceeding the targets described below. CII Water Use Survey and Customer Incentives Program Develop a customer targeting and marketing strategy to provide water use surveys and customer incentives to commercial. industrial. and institutional accounts. Directly contact (via letter. telephone. or personal visit) and offer water use surveys and customer incentives to at least 10% of commercial, industrial_ and institutional accounts on a repeating basis. Water use surveys must include a site visit, an evaluation of all water- BMP 9 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS using apparatus and processes. and a customer report identifying recommended efficiency measures, their expected payback, and available agency incentives. Within one year of a completed survey. follow-up via phone or site visit with customer regarding facility water use and water saving improvements. Track customer contacts, customers receiving surveys, follow-ups, and measures implemented. The method for crediting water use surveys completed prior to the revision of this BMP is described in Section )_ of this Exhibit. CII Conservation Performance Targets Implement programs to reduce water use by commercial, industrial. and institutional accounts by an amount equal to 10% of baseline use of commercial, industrial. and institutional accounts in the agency's service area over a ten year period. The method for calculating water savings is described in Section E of this exhibit. Baseline use is defined as the use by commercial, industrial. and institutional accounts in 1989. Water purveyors may justify to the CUWCC the use of an alternative baseline year. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) The coverage requirement for this BMP, as specified in Section C of this Exhibit, shall be realized within 10 years of the date implementation was to commence. Coverage Requirements CII Water Use Survey and Customer Incentives Program 10% of commercial, industrial, and institutional customers to accept a water use survey within 10 years of the date implementation is to commence. - 2 - . BMP9 0 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CI1 Conservation Performance Targets Reduce water use by commercial, industrial, and institutional customers by an amount equal to 10% of the use of baseline commercial, industrial. and institutional water use within 10 years of the date implementation is to commence. Requirements for Documenting BMP Implementation The number of customers and amount of water use within the commercial, industrial. and institutional customer classes. CI1 Water Use Survey and Customer Incentives Program a) The number of commercial, industrial, and institutional customers offered water use surveys during the reporting period. b) The number of new water use surveys completed during the reporting period. c) The number of follow-ups completed during the reporting period. d) The type and number of water saving recommendations implemented. e) Incentive program budget and customer outlays. C1I Conservation Performance Targets The estimated reduction in water use by commercial, industrial, and institutional accounts due to agency programs, interventions, and actions. Agencies must document how savings were realized and the method and calculations for estimating savings. Criteria to Determine BMP Implementation Status Agencv has identified and ranked by water use its commercial, industrial, and institutional accounts. - 3 - BMP 9 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CII Water Use Survev and Customer Incentives Program a) Agency has developed and implemented a strategy targeting and marketing water use survevs to commercial. industrial, and institutional accounts by the end of the first reporting period following the date implementation is to commence. b) Agency is on schedule to complete surveys for 10% of commercial accounts. 10% of industrial accounts, and 10% of institutional accounts within 10 vears of the date implementation is to commence. Agencies may credit 50% of the number of surveys completed prior to July 1, 1996 that have not received follow-up verification of implementation, and 100% of the number of survevs completed prior to Juiy 1, 1996 that have received a follow-up survey. Agencies may credit 100% of the number of surveys completed after July 1, 1996 against the coverage requirement. c) Agencies will be considered on track if the percent of commercial, industrial, and institutional accounts receiving a water use survey equals or exceeds the following: 0.5% by end of first reporting period following date implementation is to commence; ?.4°/o by end of second reporting period; 4.2% by end of third reporting period; 6.4% by end of fourth reporting period; and 9.0% by end of fifth reporting period. CII Conservation Performance Targets a) Agencv is on schedule to reduce water use by commercial, industrial, and institutional accounts by an amount equal to 10% of baseline use (as defined in Section A of this Exhibit) for commercial, industrial, and institutional accounts within 10 years of the date implementation is to commence. b) Agencies will be considered on track if estimated savings as a percent of baseline water use equals or exceeds the following: 0.5% by end of first reporting period following date implementation is to commence; 2.4% by end of second reporting period; 4.2% by end of third reporting period; 6.4% by end of fourth reporting period. - and 9.0% by end of fifth reporting period. c) Credited water savings must be realized through agency actions performed to increase water use efficiency within the CII sector. Agencies may credit 100% of estimated annual savings of interventions since 1991 that have been site verified. and 25% of estimated annual savings of interventions that have not been site verified. d) Agencies may claim the estimated savings for regulations. ordinances, or laws intended to increase water use efficiency by the CII sector, subject to the review and approval of the savings estimates by the CUWCC. To avoid double counting, agencies justifying savings on the basis of rate structure changes may not claim savings from any other actions undertaken by CII customers, third parties, or the agency. -4- • BMP 9 • CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL. AND INSTITUTIONAL ACCOUNTS Combined Targets Agencies may choose different tracks for different CII customer classes, and will be considered in compliance with this BMP if they are on track to meet each applicable coverage requirement for each class In addition. agencies may implement both tracks for a given CII customer class. and will be considered in compliance with this BMP if the percent of surveys completed and the percent of water savings realized. when added together. equals or exceeds the applicable compliance requirement. For example. at the end of the second reporting cycle an agency would be considered on track to meet the coverage requirement if the percent of surveys completed and the percent of water savings achieved, when added together, equaled or exceeded 2.4%. Agencies may combine tracks only if they make a convincing demonstration that savings attributable to counted surveys are not also included in their estimate of water savings for meeting the water savings performance track. Water Savings Assumptions Commercial rater reduction results from Best Management Practices such as Interior and Landscape Water Surveys, Plumbing Codes, and Other Factors but exclude Ultra Low Flush Toilet Replacement. (Includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000: 12%. Industrial water reduction results from Best Management Practices. Waste Discharge Fee. New Technology, Water Surveys. Plumbing Codes and Other Factors, but exclude Ultra Low Flush Toilet Replacement. (includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000: 1 5%. -s- 0 BMP 10 • WHOLESALE AGENCY ASSISTANCE PROGRAMS Implementation Implementation shall consist of at least the following actions: Financial Support a) \Wholesale water suppliers will provide financial incentives. or equivalent resources. as appropriate and beneficial. to their retail water agency customers to advance water conservation efforts and effectiveness. b) All BMPs implemented by retail water agency customers which can be shown to be cast -effective in terms of avoided cost of water from the wholesaler's perspective, using CUVW'CC cost-effectiveness analysis procedures, will be supported. Technical Support Wholesale water agencies shall provide conservation -related technical support and information to all retail agencies for whom they serve as a wholesale supplier. At a minimum this requires: c) Conducting or funding workshops addressing the follovxnng topics: i) CUWCC procedures for calculating program savings, costs and cost- effectiveness. n) Retail agencies BMP implementation reporting requirements. hi) The technical, programmatic, strategic or other pertinent issues and developments associated with water conservation activities in each of the following areas: ULFT replacement. residential retrofits. commercial. industrial and institutional survevs: residential and large turf irrigation; and conservation -related rates and pricing. d) Having the necessary staff or equivalent resources available to respond to retail agencies' technical and programmatic questions involving CUWCC's BMPs and their associated reporting requirements. BMP 10 WHOLESALE AGENCY ASSISTANCE PROGRAMS Program Management e) When mutually agreeable and beneficial, the wholesaler may operate all or any part of the conservation -related activities which a given retail supplier is obligated to implement under the BMP's cost-effectiveness test. The inability or unwillingness of the wholesaler to perform this function, however, in no way relieves or reduces the retailer's obligation to fully satisfy the requirements of all BMPs which are judged cost-effective from the retailers perspective. Water Shortage Allocations Nk"tolesale agencies shall wort: in cooperation with their customers to identify and remove potential disincentives to long-term conservation created by water shortage allocation policies; and to identify opportunities to encourage and reward cost-effective investments in long-term conservation shown to advance regional water supply reliability and sufficiency. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. Coverage Requirements a) Cost-effectiveness assessments completed for each BMP the agency is potentially obligated to support. The methodology used will conform to CUWCC standards and procedures, and the information reported will be sufficient to permit independent verification of the cost-effectiveness calculations and of any exemptions claimed on cost-effectiveness grounds. b) Agency avoided cost per acre-foot of new water supplies. The methodology used will conform to CUWCC standards and procedures, and the information reported will be sufficient to permit independent verification of the avoided cost calculations. - 2 - • BMP 10 • WHOLESALE AGENCY ASSISTANCE PROGRAMS c) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist, or to otherwise support, the implementation of BMPs. d) The total amount of verified water savings achieved by each wholesaler -assisted BMP. Requirements for Documenting BMP implementation a) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist. or to otherwise support, the implementation of BMPs. subtotaled b BMP. b) The total amount of verified water savings achieved by each wholesaler -assisted BMP. Criteria. to Determine BMP Implementation Status a) Timely and complete reporting of all information as provided for above under "Reporting and Record Keeping Requirements." b) Offering workshops covering all topics listed above under "Technical Support." c) Timely- reconciliation of wholesaler and retailer BMP reports as provided for above under -, BMP Reporting." Water Savings Assumptions Not quantified. - 3 - . BMP 11 • CONSERVATION PRICING Implementation implementation methods shall be at least as effective as eliminating nonconsen-ing pricing and adopting conserving pricing_ For signatories supplying both water and seiner service. this BMP applies to pricing of both water and sewer service. Signatories that supply water but not sewer service shall make good faith efforts to wort: with sewer agencies so that those sewer agencies adopt conservation pricing for sewer sen-ice. al Nonconserving pricing provides no incentives to customers to reduce use. Such pricing is characterized by one or more of the following components: rates to which the unit price decreases as the quantity used increases (declining block: rates):rates that involve charging customers a fixed amount per billing cycle regardless of the quantity used, pricing in which the typical bill is determined by high fixed charges and low commodity charges. b) Conservation pricing provides incentives to customers to reduce average or peak: use. or both. Such pricing includes: rates designed to recover the cost of providing service. and billing for water and sewer service based on metered water use. Conservation pricing is also characterized by one or more of the following components: rates in which the unit rate is constant regardless of the quantity used (uniform rates) or increases as the quantity used increases (increasing block rates): seasonal rates or excess -use surcharges to reduce peak demands during summer months, rates based upon the long -run marginal cost or the cost of adding the next unit of capacity to the system. c1 Adoption of lifeline rates for low income customers will neither qualify nor disqualify a rate structure as meeting the requirements of this BMP. CUWCC Rate Impact Study Within one year of the adoption of this BMP revision, the CUWCC shall undertake a stud• to determine the relative effect of conservation rate structure influence on landscape and indoor water use. The study shall develop sample areas that incorporate varving rate structure environments (e.g.. low. uniform commodity rates,: high uniform commodity rates, increasing block: rates. etc.). As practical, the study shall utilize direct metering of customer end uses. and shall control for weather, climate, land use patterns, income. and other factors affecting water use patterns. If the study shows significant potential savings, as determined by a balanced committee of voting Council representatives. a revised pricing BMP containing numeric targets or other appropriate standards shall be developed for a CUWCC vote. BMP 11 CONSERVATION PRICING Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall maintain rate structure consistent with BMP 11 's definition of conservation pricing Requirements for Documenting BMP Implementation a) Report annual revenue requirement by customer class for the reporting period. b) Report annual revenue derived from commodity charges by customer class for the reporting period. c) Report rate structure by customer class for water service and sewer service if provided. Criteria to Determine BMP Implementation Status Agency rate design shall be consistent with the BMP 11's definition of conservation pricing. Water Savings Assumptions Not quantified. - 2 - • BMP 12 • CONSERVATION COORDINATOR Implementation implementation shall consist of at least the following actions: a) Designation of a water conservation coordinator and support staff (if necessary). whose duties shall include the following: i) Coordination and oversight of conservation programs and BMP implementation'. ii) Preparation and submittal of the CUWCC BMP Implementation Report. - in) Communication and promotion of water conservation issues to agency senior management: coordination of agency conservation programs with operations and planning staff; preparation of annual conservation budget, participation in the CUWCC. including regular attendance at CUWCC meetings, and preparation of the conservation elements of the agency's Urban Water Management Plan. b) Aeencies jointly operating regional conservation programs are not expected to staff duplicative and redundant conservation coordinator positions. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997. implementation shall commence no later than July 1, 1998_ b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the first year following the vear the agency signed or became subject to the MOU. Coverage Requirements Agency shall staff and maintain the position of conservation coordinator and provide support staff as necessary. BMP 12 CONSERVATION COORDINA i OR Requirements for Documenting BMP Implementation a) Conservation Coordinator name, staff position, and years on job: b) Date Conservation Coordinator position created by agency; c) Number of Conservation Coordinator staff, d) Duties of Conservation Coordinator and staff. Criteria to Determine BMP Implementation Status a) Creating and staffing a Conservation Coordinator position within the agency organization. b) Providing the Conservation Coordinator with the necessary resources to implement cost-effective BMPs and prepare and submit CUWCC BMP Implementation Reports. Water Savings Assumptions Not quantified. -2- 0 BMP 13 0 WATER WASTE PROHIBITION Implementation Implementation methods shall be enacting and enforcing measures prohibiting gutter flooding. single pass cooling systems in new connections. nonrecirculating systems in all ne", conveyer car wash and commercial laundry systems. and nonrec_ycling decorative water fountains. Signatories shall also support efforts to develop state law regarding exchange -type water softeners that would: (1) allow the sale of only more efficient. demand -initiated reaeneratin^_ (DIR) models: (2) develop minimum appliance efficiency standards that (a) increase the regeneration efficiency standard to at least 3.350 grains of hardness removed per pound of common salt used; and (b) implement an identified maximum number of gallons discharged per gallon of soft water produced; (3) allow local agencies, including municipalities and special districts. to set more stringent standards and/or to ban on -site regeneration of water softeners if it is demonstrated and found by the agency governing board that there is an adverse effect on the reclaimed water or groundwater supply. Signatories shall also include water softener checks in home water audit programs and include information about DIR and exchange -type water softeners in their educational efforts to encourage replacement of less efficient timer models. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July I of the first year following the year the agency signed or became subject to the MOU. Covera-geReguirements Agencv shall adopt water waste prohibitions consistent with the provisions for this BMp specified in Section A of this Exhibit. BMP 13 WATER WASTE PROHIBITION Requirements for Documenting BMP Implementation Description of water waste prohibition ordinances enacted in service area. Criteria to Determine BMP Implementation Status Agency's water waste prohibition ordinances meet the requirements of the BMP definition. Water Savings Assumptions Not quantified. BMP 14 RESIDEVIAL ULFT REPLACEMENT ROGRAMS Im lementation Implementation shall consist of at least the following actions: a) Implementation of programs for replacing existing high -water -using toilets with ultra - low -flush (1.6 gallons or less) toilets in single-family and multi -family residences. b) Programs shall be at least as effective as requiring toilet replacement at time of resale: program effectiveness shall be determined using the methodology for calculating water savings in Exhibit 6 of this MOU. After extensive review, on July 30 1992, the Council adopted EXHIBIT 6, "ASSUMPTIONS AND METHODOLOGY FOR DETERMrNING ESTIMATES OF RELIABLE SAVINGS FROM THE INSTALLATION OF U'LF TOILETS." EXHIBIT 6 Provides a methodology for calculating the level of effort required to satisfy BMP 13. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December' 1, 1997. implementation shall commence no later than July 1 of the first year following the vear the agency signed or became subject to the MOU. c) The coverage requirement for this BMP, as specified in Section C of this Exhibit. shall be realized within 10 years of the date implementation was to commence. Coverage Re uirements Water savings from residential ULFT replacement programs to equal or exceed water savings achievable through an ordinance requiring the replacement high -water -using toilets with ultra -low -flow toilets upon resale, and taking effect on the date implementation of this BMP was to commence and lasting ten years. BMP 14 RESIDENTIAL ULFT REPLACEMENT PROGRAMS Requirements for Documenting BMP Implementation a) The number of single-family residences and multi -family units in service area constructed prior to 1992. b) The average number of toilets per single-family residence; the average number of toilets per multi -family unit. c) The average persons per household for single-family residences; the average persons per household for multi -family residences. d) The housing resale rate for single-family residences in service area; the housing resale rate for multi -family residences in service area. e) The number of ULFT installations credited to the agency's replacement program, by year. f) Description of ULFT replacement program g) Estimated cost per ULFT replacement h) Estimated water savings per ULFT replacement 'COTE: The following strike -out information now appears as Section G. Criteria to Determine BMP Implementation Status Calculated ULFT replacement program water savings at the end of each reporting period are within 10% of calculated retrofit -on -resale water savings, using Exhibit 6 methodology and water savings estimates. Water Savings Assumptions See Exhibit 6. - I - J Contract No. CP-0006 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, this Contract is entered into on Cc-tober 2 , 2000 by and between the Orange Count Sanitation District (hereinafter referred to as "DISTRICT") whose address is P.O. Box 8127, Fountain r Vallev. California 92728, and tine City of Huntington Beach (hereinafter referred to as "AGENCY"), and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter — Cologne Water Quality Control Act, and WHEREAS. DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit "A" (['reject Description/Statement of Work) attached hereto and incorporated herein by reference, more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE. the Parties agree as follo.ys-. AUDIT - AGENNCY shall. at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. In the event AGENCY participates in other funding programs or funding programs with a matching fund requirement for the project described in Exhibit "A", AGENCY agrees to refund DISTRICT for any extraordinary costs, including financial audit(s), etc., to meet the funding agency's program requirements. 2. GREASE ORDINANCE — AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to, Chapter 10 and Appendix 1-1, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including, the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix If. Said Ordinance shall be in effect prior to completion of the ProJecI and final payment by DISTRICT. WA"I'1':R CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation — Best Management Practices) attached hereto and incorporated herein by reference. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or July 2, 2001, whichever occurs first unless terminated earlier as provided for in Paragraph 5 below entitled Termination. All project deliverables and requests for reimbursement must be received by July 30, 2001. Failure to meet this deadline will result in fbrfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six (6) shall be approved by the DISTRICT'S Board of Directors. TERMINATION - In the event any party fails to comply .with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A", and Exhibit "C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a matdrial breach of the Contract. The non -breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days' or provide written notification of its intention to terminate this Contract with thirty (30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 22 below, entitled — "Notices." Termination shall not be the exclusive remedy of the non -breaching party. The non -breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non -breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non -breach. 6. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of $2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively S2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such Iiability policy and thirty- (30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre -approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the fight to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 7. INDEIMNIFICATION - AGENCY agrees to hold harmless, defend, and indemnify DISTRICT, its officers, employees, agents, representatives and successors -in -interest against any and all loss, damage, cost or expenses which DISTRICT, its officers, employees, agents, representatives and Fa 0 • successors -in -interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, sub -agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third party for the performance of work as part of the Project. PAYMENT - A. DISTRICT shall pay AGENCY a Firm Fixed Price of Two Hundred Thousand Dollars (S200,000.00) upon completion of the project on a reimbursement basis_ Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty (60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, 11.0. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit "A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits "A" (Project Description/Statement of Work), "B" (Project Cost Breakdown), and "C" (Project Milestone Schedule) of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit "A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit "B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. COMPLIANCE WITH APPLICABLE LAWS -- AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. t0. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 11. OWNERSHII' — Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 12. NON-DISCRIMINATION — In the performance of this Contract, AGENCY shall not disenminate in recruiting, hinng. promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (Y.L. 88-352) and all amendments thereto, Executive Order No_ 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub -AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 13. ASSIGNMENT — The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the wTitten consent of the other, and any attempt by either party to do so shall be void upon inception. 14. NON-F,FFECT' OF WAIVER — AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein- 15. AT'TORNEY'S FEES — In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 16. FORCE MAJEURF. — Neither DISTRICT nor AGENCY shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 17. SEVERABILITY — In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 4 18. HEADrNGS — Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE. FSECUTION — This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 20. GOVERNING LAW — This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be Orange County, California. 21. PRE -CONTRACT COSTS — Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the nsk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT' shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre -contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 22. NOTICES — Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. ?Nail, postage prepaid, whichever is earlier. D1STRICC: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92729-8127 Attn: Board Secretary AGENCY: City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attn: Douglas Stack, Principal Civil Engineer 23. ENTIRE CONTRACT — This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNf-.SS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: ORANGE: COUNTY SANITATION DISTRICT BY: 13Y: Chair, Board of Directors Secretary, Board of Directors APPR VED AS TO FORM: X"OMAS I._ �JDRUFFj' I) TRICT COUNSEL CITY OF HUNTINGTON BEACH ATTESTED RY- INITIATED AND APPROVED BY: Director -of Public Works C/ CITY OF HUNTING BEACH BY: APPROVED AS `I'O FORM: REVIEWED AND APPROVED BY: H lwp_dtaXcngUOF35 & CONTRACTSU-73'iCooperativc Projects Program+Y00-01 Conuactsillumington BcachV0WCPP Contract Huntington Beach 2 doc • EXHIBIT A: PROJECT DESCRIPTION / STATEMENT OF WORK Proiect Goals and ObLectives The City of Huntington Beach's goal is to rehabilitate the sewer system within its City limits. One aspect of rehabilitation is to address areas of inflow and infiltration (III) in the sewer system. The City's current Sewer Master Plan was completed in 1995 and did not address specific areas of lll, rather, the study reserved 10% of the required capacity for 1/1. Due to the City's high water table and proximity to the Ocean, and the age of the existing facilities (30 years +) it is likely that Ill in several areas of the City's sewer system is above average. The study update would serve the City and ultimately the DISTRICT by identifying areas of the sewer system subject to Ill, for rehabilitation. The City's benefits would be (1) defective sewer facilities become compliant with current standards and (2) substantial reduction of III would result in reduction of lift station use and (3) allows City to meet the DISTRICT'S requirements to apply for future funding from the DISTRICT. The DISTRICT benefits would be (1) increased capacity in the DISTRICT'S trunks (2) reduced flows in DISTRICT lift stations and (2) substantial elimination of saltwater_ currently being conveyed to the DISTRICT'S system. Scope of Work City scope of work will be at a minimum the following: 1. Contract Consultant to update the City Wide Sewer Master Plan and to include Ill Study. 2. City staff to meet with Consultant to review guidelines for Study. 3. Provide available Closed Circuit Television (CCTV) video of sewer mains. 4. Provide CCTV services for areas as needed. 5. City staff to meet with Consultant to review Draft Study. 6. Final Study submitted for adoption by the City. Copies forwarded to DISTRICT Project End Products and Deliverables 1. Once the Study is complete, it will be used to identify areas of the City's sewer system to be mitigated to reduce Ill. The Study will also serve as a resource to the DISTRICT to better evaluate its operations. 0 • EXHIBIT B: PROJECT COST BREAKDOWN A. Please provide the following information regarding project funding: What is your funding contribution $ 200,000 When will the funding become available? 3-7-00 B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY 00-01 $ 200,000 2. Cooperative funds requested $ 200,000 3. Additional Project Co -funding $ 0 4. Total Project Cost $ 400,000 YES NO Is the Cooperative Projects Program Funds request less Q ❑ than or equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less ❑ Q than or equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than ❑ Q or equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low ❑ Q interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover Q ❑ the total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to cover Q 0 ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? 0 • C. Please list all funding sources other than the Cooperative Projects Program - NON -COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. City 50% match from sewer fund $ 200,000 2. $ 0 3. $ 0 4. $ 0 TOTAL OTHER PROJECT CO -FUNDING: $ 200,000 D. As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when defining labor costs. Please return this page as pail of your Project Application: 1. 2. 3. 4. 1. 2. 3. 4. CAPITAL EQUIPMENT COSTS (PIPE, MAN -HOLE FRAME AND COVER, ETC.) AMOUNT $ 0 $ 0 ......................................................................._....................._......................._......._........_._......_ $ 0 ..........................................................................._..............._.._......_.._....._.........._......_......._....._ $ 0 TOTAL CAPITAL EQUIPMENT COSTS: $ 0 DIRECT LABOR COST: AMOUNT Sewer Master Plan.,fConsultan0 ..... _..�lump�sum�- _ $ 150,000 !/1 Monitoring (Consultant Plump sum)._^= $ 180,000 20% Contingency.......�......................w,. = $ 70 000 ...................._.....� ..._.......�......_.._....._. , TOTAL DIRECT LABOR COSTS: $ 400,000 OTHER DIRECT COSTS, INCLUDING SUBAGENCY& AMOUNT 1. $ 2. $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ ADMINISTRATIVE COSTS: TOTAL PROJECT COSTS:' $ 400,000 Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 4. — 65% Completion May 15, 2001 Task 6. — Agency Acceptance July 1, 2001 PROJECTTASK I a soon DISTRICT Award rant Consultant Selection Task 3- Research & Monitoring Task 4- 165% Subriaal Task 5- 1100% Subrr�al fI ACimm, 7 Acceptance m�v��t�i��■ �w s��'� RCA ROUTING SHEET� INITIATING DEPARTMENT: public Works SUBJECT: Authorize Mayor and City Clerk to execute contracts for the Orange County Sanitation District Cooperative Projects - - Program - - - - COUNCIL MEETING DATE: --October"2,"2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft it applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5.000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED _FORWARDED Administrative Staff q1121( ) ( } Assistant City Administra or (Initial) { ) ( } City Administrator (initial) ( ) ( ) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: RCA Author_ [___1J 0 eg b, Ca=C . ca6L CITY ADMINISTRATOR'S REPORT {C-2 i! J 10/2100 City Council Meeting ;lt _� :;, , ` 1. ARAroval of Orange County Sanitation District Cooperative Projects Program r� 6� The city has been notified by the Orange County Sanitation District (OCSD) that it will be receiving a total of $1,900,400 in grants from the OCSD and the Environmental Protection Agency (EPA) as part of its Cooperative Projects Program. The funds will be used to line portions of the sewer infrastructure in Huntington Harbour. OCSD is also providing a $200,000 grant to update the Sewer Master Plan and conduct an Inflow and Infiltration Study. This grant will be matched by City funds. 2. Advertise for the Huntington Harbour Sewer Lining Project (") Following City Council action on October 2, 2000, the city will release a call for bids for the lining of approximately 50,000 lineal feel of sewer mains and 2,500 vertical feet of manholes in the Huntington Harbour. This project will extend the life of the aging sewer lines by 40 to 50 years. The total estimated project cost is $ 1,900,400 which is funded through the OCSD Cooperative Projects Program grant described above. 3. Acceptance of Phi Pr-rdram /� % I:. On April 5, 1999, the City Council approved a two-phase energy efficient equipment retrofit program for city facilities with Sempra Energy Solutions. The improvements for Phase I of the project have been completed. Funding for Phase II is now available which will provide new retrofit components for 36 structures at 28 locations. The total energy cost savings from both phases of the project has been conservatively estimated at approximately $345,00 annually. Based on this rate of savings, the estimated initial project cost of $2,970,525 will be paid back within nine years, with continued cost savings for the city accruing for many years into the future. C ; .G 4. Reconstruction of Two Sewer Lift Stations '�_ /v On May 15, 2000, the City Council authorized staff to release a call for bids to rebuild two sewer lift stations near the intersection of Pacific Coast Highway/7`' Street and Brookhurst St./Effingham Drive. The lift stations are approximately 40 years old, and in need of improvement. The project will add capacity to each station, thus increasing the efficiency of operation. Due to site constraints, Station `A' will be rebuilt inside the existing facility. The Brookhurst station will be an entirely new station next to the existing one. The old station will be abandoned. The total project cost is approximately $2,600,00