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Home My WebLink AboutOrange County Sanitation District (OCSD) - 2006-07-17 Council/Agency Meeting Held S D Deferred/Continued to V Appr ved ❑ Conditionally Approved ❑ Denied �,�lty C s Si nature Council Meeting Date 11/5/2007 Department ID Number PW 07-063 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COv IL MEMBERS SUBMITTED BY PEN C LBRETH-GRAFT DPA ITY ADMINISTRATOR _411��9PREPARED BY TRAVIS K HOPKINS PE ACTING DIRECTOR F PUBLIC WOR S- ENGINEERING SUBJECT Approve Amendment # 1 for Contract CP-0501 with the Orange County Sanitation District for the Cooperative Projects Program Statement of issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The City was required to enter into an agreement with the Orange County Sanitation District (District) for the FY 2005/06 Cooperative Projects Program to be eligible for grant funding This Amendment extends the term of the original contract an additional nine months Funding Source No funding required for this action The approved grant amount is $201 153 Recommended Action Motion to Approve and authorize the Mayor and City Clerk to execute Amendment No 1 Cooperative Projects Program Contract No CP-0501 Alternative Action(s) Reject the Amendment for the contract with the Orange County Sanitation District Cooperative Projects Program and direct staff on how to proceed with the project This action could result in the loss of up to $201 153 in grant funds REQUEST FOR CITY COUNCIL ACTION MEETING DATE 11/5/2007 DEPARTMENT ID NUMBER PW 07-063 Analysis The Districts Cooperative Projects Program provides cities that operate within the Districts service area an opportunity to receive up to 50% of project funds from the District to help eliminate or reduce water inflow and/or groundwater infiltration into the collection system The benefit of the project is to limit the amount of excess water flowing into the Districts processing plant and thus requiring treatment On May 24 2006 the District approved grant funding in the amount of $201 153 for the rehabilitation of 31 000 lineal feet of sewer mains in an area generally bounded by Hamilton Avenue Brookhurst Street Banning Avenue and Bushard Street The City Council approved the original contract on July 17 2006 The original term of the contract was from the date of execution through the completion of the project or July 1 2007 which ever came first In January of this year the City awarded a contract to Sancon Technologies for the 2006/2007 Sewer Rehabilitation Project CC-1252 Sancon Technologies began work on the project on April 2 2007 with an anticipated completion date of February 27 2008 Amendment #1 extends the term of the contract an additional nine (9) months to allow the City to complete the specified project Strategic Plan Goal 1-1 Improve the City s plan for funding and completing infrastructure needs and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community s value to grow Public Works Commission Action Not required Environmental Status Not applicable Attachments) Page, e o ®eg' cription 1 Amendment No 1 to Contract No CP 0501 2-copies 2 10/16/2007 12 37 PM ATTACHMENT # 1 AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0501 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0501, is made and entered into by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OCSD"; AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "AGENCY". RECITALS WHEREAS, on August 23, 2006, OCSD entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with OCSD'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 1, 2007, whichever occurs first; and WHEREAS, the Original Contract with AGENCY has expired prior to the Project's completion; and WHEREAS, OCSD and AGENCY desire to extend the term of the Original Contract for a maximum period of nine (9) months, from July 1, 2007 to allow AGENCY to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its Project; and WHEREAS, pursuant to the terms of the Original Contract, any extension beyond eighteen (18) months may only be approved by OCSD's Board of Directors. 1 NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended from July 1, 2007, for an additional nine (9) months from the original Project completion date, unless terminated earlier as provided for in Paragraph 6 of the Original Contract, for all work performed on or before April 3, 2008. Section 2: All Project deliverables, invoices, and requests for reimbursement must be received by OCSD no later than June 3, 2008. Section 3: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. H H H 2 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Projects Program Contract No. 0501 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY/SANITATION DISTRICT Date B _ hair, Board of Directorst By Clerk of the%oard 0 APPROVED AS TO FORM: BRADLEY R. HOGIN OCSD COUNSEL By CITY OF HUNTINGTON BEACH Date e By MAY By T CLER APPROVED AS TO FORM: B M7 CITY ATTORNEU 6110161 AA: EDMS:003842149 3 ORANGE COUNTY SANITATION DISTRICT = A ' December 5, 2007 ,n'phone."s (7141-962-2411 �r r fax: ` City of Huntington Beach (71aJ 962;035s`< Office of the City Clerk "* '"""'"'°`Sa, "" 2000 Main Street .. yr aihngaaaress `a Huntington Beach, Ca 92648 *-POx'Boxr8127- Fountain Valley CA,, Attn: Joan L. Flynn, City Clerk 92728.8-127-A street address SUBJECT: Cooperative Projects Contract No. 0501 ° 10844.',EIIisWenue`.r ¢`Fountain'Valley;<CA , Amendment No. 1 92708-7018 ` viem Enclosed please find one fully-executed copy of Cooperative Projects ' " v Agenaes ` Y n Contract No. 0501 for your records. ,sCities <` If you have any questions or concerns, please call me at (714) 593-7305. Brea 1 "Buena'Park ,4 CYPress'< lu t =Fountain,'Ualley ,Garden Grove Hunt,ngtonrBeacli., Angie Anderson r. Hatrra yin La Habr :a�'` Senior Engineering Associate <, _� a -;< -La Palrria Los""A'lamrtos NewportBeach .,v AA:sa Orange 'a' EDMS:003851814/2.1 b * Placentia.->f Santa Ana m seaP-Beach Enclosures -Stan ton.. R" Tuspn. ;Villa,Park4,' cc: M Todd Broussard, City of Huntington Beach KYoGba,Jnda O S A Cou`nty'o`f iOrange,c:>' Sanitary Distrvcts < 4, Costa,Mesa; ' `'. '<; .;:-Midway*City. Water€Di'stricts`': Irvine Ranch { A� r9 ; ¢ Pr rj. To maintain world-class leadership in wastewater and water,resource management. RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve Amendment# 1 for Contract CP-0501 with the Orange County Sanitation District for the Cooperative Projects Pro ram COUNCIL MEETING DATE November 5 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed In full by the City Attorney) Not Applicable ❑ Subleases Third Party Agreements etc Notached 1:1 t Applicable (Approved as to form by City Attome ) Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Ap licable Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Attt A ed El Nopucable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW RDED Administrative Staff ) Deputy City Administrator Initial t ) City Administrator (Initial) ( ) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM 7777 RCA Author D Erdman City of Huntington Beach ® e 2000 Main Street • Huntington Beach, CA 92648 s OFFICE OF THE CITY CLERK e n asa a JOAN L FLYNN 8 ` CITY CLERK November 7 2007 Orange County Sanitation District P O Box 8127 Fountain Valley CA 92728-8127 Attn Angie Anderson Dear Ms Anderson Enclosed please find two originals of Amendment No 1 to the Cooperative Projects Program Contract No 0501 by and between the Orange County Sanitation District and the City of Huntington Beach to extend the term of the original contract an additional nine months allowing the completion of the 2006/2007 Sewer Rehabilitation Project Upon execution please return a complete copy to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely Joan L Flynn CMC City Clerk JF pe Enclosure Agreements G followup agrmtltr Sister Cities Anlo Japan • Waitakere New Zealand (Telephone 714 536 5227) � . SAW A�° ORANGE COUNTY SANITATION DISTRICT x 2006 SEA 1 „ 12: G O f ,€ U, �it 11c7l..✓ s__ i September 14, 2006 ,4714)s62 saes 76ciod.tom City of Huntington Beach Office of the City Clerk Whlress: Pa eox 8127 2000 Main Street nra"e ' Huntington Beach, CA 92648 ,= press: Attn: Joan L. Flynn, City Clerk r 'Ellie Avenue, ,.: ` ' y, ' j Program Projects SUBJECT: Coo ram Contract No. 0501 p e Enclosed please find one fully-executed copy of Cooperative Projects Contract No. 0501 for your records. VMOs � ,t " hdheim Please call me at (714) 593-7305 if you have any questions. Brea Buena Park G`yprass �:= Psturr�in Valley . .,-A Fullerton `*&�rden:Grove t h Beach Irvine ~ Angie Anderson .0 - Habra Senior Engineering Associate "" " ;dos t�Alar�ritos- r molt~rah AA:sa F��1,ga Placentia EDMS:003897298 4 Sarltg,Ana Beal,,Beach Enclosure 8tbriton ~ Tustin �liiia Park cc: Douglas A. Erdman, City of Huntington Beach w , ~Cii�teiots O P lviese rrWhn&Ranch , To maintain world-class leadership in wastewater and water resource management. k Contract No. CP-0501 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS GRANTS PROGRAM CONTRACT RECITALS WHEREAS, this Contract is entered into on •L 20,10 by and between the Orange County Sanitation District (hereinafter referred to as "District") whose address is P.O. Box 8127, Fountain Valley, California 92728, and the City of Huntington Beach (hereinafter referred to as "Agency"). District and Agency shall be individually referred to as "Party" and collectively as "Parties"; and WHEREAS, District is a duly organized County Sanitation District, existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing, for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, District implemented a Cooperative Projects Grants Program ("Program") to co-fund projects sponsored by agencies located within District's service area. District's Board of Directors has the authority to enter into Cooperative Projects Grants Program contracts to implement the Program; and WHEREAS, District's Board of Directors has authorized a contract with Agency for the project described in Exhibit "A" (Project Description/Statement of Work, hereinafter the "Project"), attached hereto and by reference made a part of this Contract; and WHEREAS, Agency has met the requirements for receipt of Cooperative Projects Grants Program Funds as set forth in Agency's Cooperative Projects Grants Program Application and Agency agrees to complete the Project defined herein. NOW THEREFORE, the Parties agree as follows: AGREEMENT 1. AUDIT - Agency shall at least once every year be subject to an audit by District, or its authorized representative, to determine if the revenues received by Agency were appropriately spent for the Project described in Exhibit "A". Agency shall retain all documents and records associated with the Project for a period of three (3)years from the date of completion of the Project. District shall coordinate such audit through Agency's audit staff. 2. WATER CONSERVATION BMP - 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 by reference made a part of this Contract. 3. TERM - The term of this Contract is from the Contract execution date through completion of the Project or July 1, 2007, whichever occurs first unless terminated earlier as provided for in Paragraph 4 below. All Project deliverables and requests for reimbursement must be received by District by September 1, 2007. Failure to meet this deadline will result in forfeiture of Cooperative Projects Grants Program funding, provided, however, that in the event that 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. Such extension shall be made only by written agreement signed by both Parties hereto. Extensions must be approved by District's Board of Directors, prior to contract amendment. 4. TERMINATION - In the event that any Party fails to comply with any term or condition 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 by reference made a part of this Contract, the failure shall constitute a material breach of this 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 15 days or provide written notification of its intention to terminate this Contract upon 30 days written notice. Notification shall be provided in the manner set forth in Paragraph 22 below. Termination shall not be the exclusive remedy of the non-breaching Party. The non-breaching Party shall have the right to seek any and all remedies provided by law District may terminate this Contract at any time, without cause, upon giving Agency thirty (30) days written notice. Upon completion of the Project and in satisfaction of all reporting requirements for Agency reimbursements set forth in this Contract, District shall reimburse Agency for all incurred costs identified in Exhibit "B" up through the date of termination of this Contract. 5. 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 per occurrence (general and automotive) of One Million Dollars ($1,000,000.00). Agency shall maintain such coverage during the term of this Contract and any extensions thereof. Subject to notice to and approval of District, Agency may fulfill its insurance obligations through one of the following: (i) self-insurance; (ii) by providing coverage through a joint powers insurance authority (JPIA), which is duly formed under the laws of the State of California; or (iii) utilizing a combination of self-insurance and JPIA coverage. 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 Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with Five Million Dollars ($5,000,000.00) general policy aggregate; or, alternatively Two Million Dollars ($2,000,000.00) aggregate separate for this Contract. Agency shall require its contractor to maintain such coverage during the duration of the Project work. District shall be named as an additional insured by endorsement to each liability policy referred to herein. Each policy shall require that Agency notify District in writing, not less than thirty (30) days in advance of any modification or termination of any such insurance. Any modification of the insurance provided shall be subject to pre- approval by District. If Agency, or its contractor, fails to maintain the required insurance coverage, District reserves the right to immediately terminate this Contract or purchase such additional insurance and bill Agency or deduct the cost thereof from any payments owed to Agency. District shall have no obligation, however, to purchase additional insurance. 6. INDEMNIFICATION - 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 expense which District, its officers, employees, agents, representatives, and 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, contractors, 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. Sub-agency means an agency, other than the Agency, that either j performs or hires contractor(s)to perform work on the Project. 7. PAYMENT A. District shall pay Agency up to Two Hundred One Thousand One Hundred Fifty-Three Dollars ($201,153.00) upon completion of the Project on a reimbursement basis. Reimbursements are processed each year on a first-in first-out basis. Once District reimbursement funds meet the annual cap identified by the District, all remaining unpaid reimbursement requests will be deferred for payment until the following fiscal year. Any funds not expended upon Contract termination or completion shall revert back to the Cooperative Projects Grants Program. Payment of charges shall be made by District to Agency within 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's Contract number, period covered by invoice, and Agency's Employer Identification Number. Invoices shall be submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728-8127. Attn: Accounts Payable Department. Proof of Project expenditures must be provided with the Agency invoice. As proof of Project expenditures, Agency must provide copies of checks or warrants with corresponding invoices or purchase orders, receipts, and labor reports. For construction projects, Agency is required to provide to the District a copy of the check to the contractor showing payment of final retention. C. District funds will be distributed on a reimbursement basis after Project completion and after receipt of all Project deliverables including proof of Project completion and expenditures. Projects that do not reach completion are not eligible to receive funds. District will reimburse allowable administrative costs as stipulated in Attachment "A" and itemized in Exhibit "B" (Project Cost Breakdown). Receipts and documentary records are required to support reimbursement requests. for administrative costs. Agency is responsible for submitting to District an invoice with a summary of expenditures, complete with copies of paid invoices and corresponding receipts and checks as proof of Project expenditures. D. District will not reimburse costs associated with the following: Agency costs associated with applying for and/or securing the Program funds from the District; any costs expended by Agency prior to the District's approval of Agency's Program application; any costs incurred by Agency after termination of the Contract; Agency costs for work that is not directly associated with the Project described in the Contract documents. E. No funds shall be paid to Agency pursuant to this Contract, until the Project, as set forth in Exhibit "A", is completed and proof of completion and proof of Project expenditures are provided to District. If the Project as described in Exhibit "A" is not completed and satisfactory proof of completion 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 completed. District shall not reimburse Agency for expenditures incurred by Agency outside the scope of the Project. F. For closed circuit television monitoring ("CCTV") projects, proof of completion shall also include a notarized letter from the City Engineer, Public Works Director, or City Manager affirming that the monitored sewers were constructed in or before 1960 or meet at least one of the following criteria: (1) Pipe material must be clay tile or glazed clay, asbestos cement, uncoated concrete, or Orangeburg; (2) Joint configuration with high risk (i.e., high inflow/infiltration potential) must be hand mortared, packed joint with oakum- asphaltic materials,jute, or other hand packed materials; and (3) Other high-risk materials must be approved by the District before the Agency commences work. (4) Sewers are located in high groundwater or in areas which show evidence of high inflow or infiltration as determined from the District's long-term flow monitoring. G. For closed circuit television monitoring ("CCTV") projects, the methodology of evaluation, data collection, and reporting criteria used for the National Association of Sewer Service Companies (NASSCO) certification shall be practiced for all CCTV evaluations. A structural pipe rating for each sewer segment shall be assigned using the NASSCO PACP condition grading system. H. Additional Cooperative Projects Grants Program Funds will not be available to fund Project cost overruns. Any Project cost overruns must be funded from sources other than the Program. I. The reimbursed amount shall not exceed 50% of the total cost of the work as set forth in Exhibit "A", Exhibit "B" and Exhibit "C", attached hereto and incorporated into the Contract. J. If, at the completion of the Project described in Exhibit "A", the actual amount of Cooperative Projects Grants Program Funds utilized in performance of the Project is less than the projected Total Project Cost identified in Exhibit "B", the amount reimbursed by District shall not exceed 50% of the actual Total Project Cost. If, at the completion of the Project, the actual amount exceeds the projected Total Project Cost identified in Exhibit "B", District shall not be responsible for any additional funds, unless a Contract Amendment has been executed by the Parties. 8. COMPLIANCE WITH APPLICABLE LAWS -Agency shall comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. 9. EMPLOYEES OF AGENCY A. With regard to Project work, 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. With regard to Project work, Agency shall 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. With regard to Project work, Agency, its officers, employees, agents, or representatives shall in no manner 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. 10. PREVAILING WAGE REQUIREMENTS -To the extent that Agency's Project is a public works project, as defined in California Labor Code § 1720 et. seq., Agency shall ensure that the Agency, its contractors, subcontractors, agents, or representatives on the Project comply with all applicable federal and state laws requiring the payment of prevailing wages. 11. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all time 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, national 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 (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. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with the above- mentioned federal and state laws, regulations, and orders. 13. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either Party 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's or District's 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. 15. ATTORNEYS 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 attorneys' fees and costs. 16. FORCE MAJEURE - 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 this 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 duplicate 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 risk of Agency. In the event that a formal contract is not executed, District shall not be liable for any amounts expended in anticipation of a formal 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 notice 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. IF TO District: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary IF TO Agency: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Douglas A. Erdman 23. ENTIRE CONTRACT - This Contract represents the entire agreement between the Parties hereto with respect to the Cooperative Projects Grants Program, 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. 24. NO THIRD PARTY BENEFICIARIES - This Agreement is entered into by and for District and Agency, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. 25. RECITALS - The Recitals above are hereby incorporated in this paragraph as though fully set forth herein and each Party to this Contract acknowledges and agrees that such Party is bound, for purposes of the Contract, by the same as though set forth in full in this section. H H H H H IN WITNESS WHEREOF, the Parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives on the date hereinabove. ORAN COUNTY SANITATION DISTRICT By C , Board of irecto/s By Secretary, Board of rectors APPROVED AS TO FORM: BRADLEY R. HOGIN DISTRICT COUNSEL By CITY OF HUNTINGTON BEACH By , Dave Sullivan Mavor By Jolan L.-Flynn, eCkty Clerk BY By APPROVED AS TO FORM: B �C ty Attorney T6Y Lo.zz 01-P AT:sa EDMS 003810287 Attachment "A" ADMINISTRATIVE COSTS Long Distance Toll Charges All long distance toll charges incurred will be reimbursed as direct costs. Toll charges to area codes serving Los Angeles, Orange, Riverside, and San Bernardino Counties will not be reimbursed. Facsimile Transmission Charges Facsimile transmission charges will not be reimbursed, except the long distance toll charges, as described above. Reproduction Charges In-house reproduction of records and documents will not be reimbursed by the District. Use of an outside copy service for specialty items and volume reproduction will be reimbursed at direct cost. Overnight Mail Deliver and Messenger Service Use of Federal Express, Express Mail, UPS, or such similarly-related service, as well as a Messenger service, will be reimbursed at direct cost only when necessary. Postage Incidental postage will not be reimbursed by District. Printing Use of a professional printing service will be reimbursed at actual cost. Film Processing Film processing will be reimbursed at actual cost. Computer Usage Computer use by Consultant and/or support staff will not be reimbursed. Mileage Per mile reimbursement will be at the current rate set by the Internal Revenue service. Temporary Staff The use of outside temporary support staff will be reimbursed at direct cost with prior approval of District. Office Supplies The purchase of office supplies by Agency or Agency's Consultant will not be reimbursed. EDMS 003809877 Exhibit A Project Description/Statement of Work EXHIBIT A:PROJECT DESCRIPTION STATEMENT OF WORK Proiect Goals The City proposes to rehabilitate the existing 40 year old clay sewers and manhole structures within an area approximately bounded by Hamilton Avenue, Bushard Street, Brookhurst Streets and Banning Avenue. The approximately 40-year-old sewer pipes, which in most cases have been installed below groundwater levels, are upstream of the District's 78-inch"1-2"and 108-inch "1-2-4"trunk sewers. The City's ultimate goal will be to utilize a Green Book approved slip lining process to eliminate the infiltration in its sewers. Infiltration of groundwater into the sewer mains reduces the capacity of the sewer main, which could lead to a sanitary sewer overflow. Additionally, the DISTRICT has stated that it's treatment facility is receiving"clean"water from the Agencies mains upstream of their trunk mains, which in turn increase its operational costs for treatment purposes. In 2002, the City adopted its updated Sewer Master Plan, which included an analysis of probable location of inflow/infiltration within the City's collection system. The area of this project was identified due to its proximity to the groundwater table. As a precursor to this project, the City applied for and received a grant, in February 2005, to perform flow monitoring at several locations within the project area to determine the amount of 1/1 occurring within the clay sewer mains and manholes. The flow study was conducted with metering points at 4 locations within the project area. Comparing the data from the flow monitoring against an average dry weather flow for the project areas based on land use, it is estimated that approximately 88,000 gallons per day of groundwater infiltration is occurring within one of the project areas. Utilizing the lining process for the aging sewer mains will add 40 to 50 years of new service life and will be the most cost effective and expeditious process that will provide benefits to the DISTRICT and the City. The City's benefits would be: 1. Lining will prolong the life of the sewer mains and become more resistant to potential failure related to settlement or earthquakes. 2. Increased capacity in sewer mains will result due to elimination of infiltration.And an increase in the Manning's roughness coefficient. 3. Operation&Maintenance(O&M)costs will be reduced due to a reduction in flow. Obiectives The infiltration of groundwater into the sewer main can cause a variety of problems from overloading the sewer system to causing the DISTRICT to have to treat additional "clean"water unnecessarily, increasing operational costs for it's 'facilities.' The rehabilitation of the proposed area's sewer mains, through the slip lining process, could reduce the infiltration of 'clean' groundwater into the City's sewer system and in turn,the DISTRICT's facility. Scope of Work. Including all Proiect Tasks City scope of work will be at a minimum the following: 1. Prepare plans and specifications 2. Award construction contract to: a. Clean obstructions within the sewer mains. b. Closed Circuit Television (CCTV)video all sewer mains, in order to identify service lateral locations and if any repairs are needed c. Line the sewer mains with an approved method to provide a new pipe with an extended life of at least 40 years. d. Re-open all active service laterals e. Clean, repair and line the sewer manholes f. CCTV upon completion of slip lining for quality control and note any laterals that show signs of infiltration,which could be addressed at a future date. Project End Products and Deliverables 1. Stop surface settlement by stopping the infiltration of soil and bedding material,which often accompanies infiltration 2. A rehabilitated system of clean, maintainable sewer mains and manholes. 3. Locate and possibility eliminate all or most illegal connections into the sewer system within the project area. 4. Pipes and manholes will no longer be susceptible to infiltration and calcium deposits after rehabilitation by elimination of all breaks and joints. 5. A Final Report prepared by the City of Huntington Beach to be submitted to OCSD upon the completion of the project. In addition the City of Huntington Beach agrees to or has completed the following: • Water Conservation BMP-Adopted—See • Sewer Master Plan-The City's most recent update is June 2002 • Flow Monitoring-The City has completed flow monitoring prior to any construction as it relates to the District's CPP. Exhibit B Project Cost Breakdown EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Grants Program Application) A. Please provide the following information regarding project funding: • What is your funding contribution? $ 201,154 • When will your funding become available? Now Available B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY2005-06 $ 201,154 2. Cooperative funds requested $ 201,153 3. Additional Project Co-Funding $ 0 4. Total Project Cost $ 402,307 YES NO Is the Cooperative Projects Grants Program Funds request less ® ❑ than or equal to 50%of the Total Proposed Project Cost? Is the Cooperative Projects Grants Program Funds request less ❑ Z than or equal to 25%of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the ® ❑ total project cost,considering that the Cooperative Projects Grants 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 Grants Program Fund will not be available? C. Please list all funding sources other than the Cooperative Projects Grants Program: NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. City sewer funds $ 201,154 2. $ 3. $ 4. $ TOTAL OTHER PROJECT CO-FUNDING: $ 201,154 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,MANHOLE AMOUNT FRAME AND COVER,ETC.) 1. *Slip line 8,992 lineal feet 8-inch VCP(u),$30/l.f. $ 269,760 2. **Rehabilitate 41 manholes(a),$1,400/m.h. $ 57,400 3. 15%contingency including supplemental expenses and $ 49,074 possible contractual changes during construction 4. $ 5. TOTAL CAPITAL EQUIPMENT COSTS: $ 376,234 *Includes:mobilization of equipment,cleaning,video taping(pre and post),bypass pumping, traffic control,re-open service laterals and dewatering. **Includes:mobilization of equipment,cleaning and testing. DIRECT LABOR COSTS*(including overhead and AMOUNT benefits 1. Engineering- 75 Labor hours x 50.78$/hour= $ 3,809 2. Management- 200 Labor hours x 53.33 $/hour= $ 10,666 3. Inspection- 250 Labor hours x 46.39$/hour= $ 11,598 4. Labor hours x $/hour= $ TOTAL DIRECT LABOR COSTS: $ 26,073 *Includes: design,preparation of contract documents,contract administration and construction management OTHER DIRECT LABOR COSTS INCLUDING SUB- AMOUNT AGENCIES: 1. $ 2. $ 3. $ 4. $ TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs,i.e. % of project costs,actual cost breakdown etc.) $ TOTAL PROJECT COST: $ 402,307 Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. Exhibit C Project Milestone Schedule EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1.— DISTRICT Award Grant May,2006 Task 2.—Project Design June,2006 Task 3—Contractor Selection December,2006 Task 4.—Award Construction Contract January,2007 Task 5.—Slip Line Sewers February-March,2007 Task 6.—AGENCY Accepts Project April,2007 Task 7.— Final Report Submitted July 1,2007 2006 2007 M J J A S O N D J F M A M J J PROJECT TASK A U U U E C O E A E A P A U U Y N L G P T V C N B R R Y N L Task 1- DISTRICT Award Grant + Task 2- Project Design Task 3- Contractor Selection Award Task 4- Construction ' Contract Task 5- Slip Line Sewers Task 6- AGENCY Accepts Project Final Report Task 7- Submitted to OCSD Exhibit D Water Conservation - Best Management Practices j CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Honorable Mayor and City Council Via: Ray Silver, City Administrator FROM: Robert F. Beardlsey, Director of Public Works DATE: April 17, 2003 SUBJECT: Summary of Water Conservation Practices The purpose of this memo is to summarize the Public Works Department's past and current water conservation efforts. In general, the City of Huntington Beach has a long history of participation in local and regional water conservation efforts. It is important to note that, although the City has experienced a good deal of growth over the last decade, water consumption is actually less now than it was in the early 1990s. CUWCC In September 2002, the City became a member of the California Urban Water Conservation Council (CUWCC). CUWCC was formed through a memorandum of understanding (MOU) by its participating agencies. As its name implies, the Council was created to address urban water conservation efforts. The Council has no regulatory authority and membership and annual dues are voluntary. Signatories to the MOU agree to implement a set of fourteen cost-effective Best Management Practices (BMPs). 1. Residential surveys 2. Residential plumbing retrofit 3. System water audits, leak detection and repair 4. Metering 5. Large landscape programs and incentives 6. High-efficiency clothes washer rebates 7. Public information programs 8. School education programs 9. Commercial, Institutional and Industrial programs 10.Wholesale agency assistance programs 11.Conservation pricing 12.Conservation Coordinator Page 2 of 4 5/3/2006 13.Water waste prohibition 14.Residential Ultra Low Flow Toilet (ULFT) replacement programs Each BMP has a set of specific requirements for documentation and implementation. A water agency can exempt itself from implementing a BMP if it can show that the practice is not cost-effective, that adequate funds are not available, or if the agency does not have the legal authority to implement the practice. A report on BMP activity and status is filed with CUWCC every two years. Huntington Beach filed its first report in November 2002. Of the thirteen BMPs that apply to Huntington Beach (# 10 applies only to wholesale agencies), nine are already in place, some by virtue of programs sponsored by the Metropolitan Water District of Orange County (MWDOC), the Orange County Sanitation District (OCSD), Orange County Water District (OCWD) and the Metropolitan Water District of Southern California (MWD). These are presented as follows. # 3 - Distribution System Audits -A system leak detection was performed as part of the Water Master Plan. The City's unaccounted for water percentage is currently 7%. As long as this figure remains below the established threshold of 10%, the City complies with this BMP without any further action. At 10% or more a full-scale system audit is called for; nonetheless, we are proposing to budget for a system audit in FY 03-04. #4 - Metering -All water service connections in the City, with the exception of dedicated fire services, are metered. # 5 - Large Landscape Conservation Programs and Incentives - MWDOC recently introduced a program. The City is participating with large landscape customers and hosted a training seminar at Central Library. #6 - High-efficiency washing machine rebate programs - MWDOC, the Metropolitan Water District of Southern California (MWD) and Southern California Edison are implementing a program. The City is distributing water bill inserts advertising the program. # 7 - Public Information - MWDOC provides a number of publications and other public information efforts that supplement those distributed by the City. # 8 - School Education - MWDOC provides literature and presentations to schools throughout its service area. # 11 - Conservation Pricing - One definition of conservation pricing is "rates designed to recover the cost of providing service." The City's rates are designed in this fashion. # 12 - Conservation Coordinator—The Senior Analyst at the Water Division has been designated as the Conservation Coordinator and has received certification from the California-Nevada Section of the American Water Works Association (AWWA) as a D:\Documents and Settings\erdmand\Local Settings\Temporary Internet Files\OLK96\Conservation Memo2.doc Page 3 of 4 5/3/2006 Level I Water Conservation Practitioner. The Water Production Crewleader also holds this certification. # 14 - Ultra Low Flow Toilet (ULFT) Programs - MWDOC provides a regional rebate program available to citizens of Huntington Beach. In addition, MWDOC, OCWD, OCSD and MWD provide a free ULFT program. Huntington Beach has hosted a number of events over the last three years. Nearly 11,000 old toilets have been retrofitted in Huntington Beach, making us one of the leaders in the County in participation. The status of the remaining four BMPs is presented as follows. # 1 - Residential Surveys —Over the last two summers, the City has offered residential water surveys through a program coordinated by MWDOC. If deemed cost-effective, the program would be expanded to meet the criteria of this BMP. This pilot program is scheduled to be continued this summer. As a less formal program, the Water Division employs the "Water Awareness Team." These are customer service representatives who respond to high bill inquiries and a number of other water consumption calls. #2 - Plumbing Retrofits - MWDOC is currently evaluating a countywide program by conducting a saturation survey. The purpose of the survey is to quantify the retrofits accomplished through previous local efforts and natural replacement and then to determine the need for further retrofit programs. # 9 - Commercial, Industrial and Institutional programs - MWDOC, MWD and OCSD are developing a program. # 13 - Water Waste Prohibition -The City's existing ordinances would need to be updated and revised to meet this BMP. We are currently working on this revision. Essentially, compliance with the remaining BMPs, with the exception of# 13, consists of participation and coordination with programs either in development or already established by regional agencies. The City is given conservation credits by OCWD for water conserving toilet and showerhead replacements. For each acre-foot of quantifiable conservation, OCWD allows the City to pump an equal amount over its Basin Pumping Percentage, thereby saving the difference in pumped water over import water(currently about $320/acre- foot). Alternatively, the City could opt for a recently approved direct funding program. These programs work to the benefit of the City by helping to protect its revenues while promoting conservation. Previous conservation efforts have been associated with drought and were therefore reactive. Adoption of the BMPs illustrates a proactive approach to responsibly and effectively managing the City's water resources. D:\Documents and Settings\erdmand\Local Settings\Temporary Internet Files\OLK96\Conservation Memo2.doc i 1 r Page 4 of 4 5/3/2006 Protection of the Groundwater Basin-In-lieu Program To recharge the groundwater basin and protect it from seawater intrusion, OCWD often implements a coastal "in-lieu" program, whereby coastal producers are asked to shut off their wells for an extended period of time and use their import (MWD) capacity to meet demand. The program is designed to be cost neutral to the producer. Over the years, Huntington Beach, recognizing the direct benefit to its groundwater, has participated more than any other producer. Future Efforts The City of Huntington Beach has been asked by MWDOC to participate in a pilot program for free distribution and installation of new "smart" irrigation controllers. These controllers are available to single-family homes with a minimum of 2500 square feet of irrigated area. The controllers communicate with a weather satellite and program irrigation accordingly, insuring that the landscape is maintained in the most water efficient manner possible. To date, Huntington Beach has more residents signed up for the program than any other agency in the County. Staff is currently in discussions with MWDOC, seeking methods to meet all the CUWCC BMPs. A request for proposal is being developed for a consulting firm that can assist the Division in the implementation of the more labor-intensive programs, specifically the residential and commercial/industrial audits. All indications show that southern California is near the end of the current drought cycle. We are over the average annual rainfall at this time and snow pack in the mountains is above normal. MWD has stated that it will be able to meet demands into the near future. The City's best drought contingency is its groundwater wells and in maintaining the capacity to meet demand with pumped water. Drought curtailments generally begin with imported water supplied by MWD. Because the City meets the bulk of its water demands with groundwater, even a 10% curtailment by MWD would only have a 2.5% net effect on Huntington Beach. This amount could easily be made up through groundwater. The City's current ordinance on water management was established pursuant to the California Water Code. During the drought of the early 1990s, the City asked for voluntary water conservation, which was very effective. Should the need for more substantial curtailment measures ever be required, the current ordinance allows the City Council to phase in mandatory conservation measures. DADocuments and Settings\erdmand\Local Settings\Temporary Internet Files\OLK96\Conservation Memo2.doc RE F f 1, ZQOb JUL.-6 Ali 8: 26 i'i' ° CITY a i . �^,�}�F•` Council/Agency Meeting Held: . Z/z Deferred/Continued to: App ved ❑:Conditionally Approved ❑ Denied City erk' igna e Council Meeting Date: 7/17/2006 DepartmPn VD'N- mber: PW 06-040 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CIT COUNCIL MEMBERS, SUBMITTED BY: PEN OPEC LBRETH- , CITY A� 1S ATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF B iC UVORKS. SUBJECT: Approve Contract CP-0501 Between the Orange County Sanitation District and the City for the Cooperative Projects Program Statement of Issue, Funding.Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue The City is required to enter into an agreement with the. Orange County Sanitation District (District) for the FY 2005/06 Cooperative Projects Program, to be eligible_for grant funding. Funding Source: Funds in the-amount of $402,306 are available from the Sewer Service Charge, Account 51189002.82500. Up to $201,153 will be reimbursed by the.District upon completion of the project.,..' Recommended Action: Motion to: .- Approve and authorize the Mayor and City Clerk to execute the. Orange County Sanitation District'Cooperative Projects Program Contract No. CP-0501. -Alternative Action(s): Reject the agreement with the Orange County Sanitation District Cooperative Projects Program and direct staff on how to proceed with the project. This action could result in,.the loss of up to $201,153 in grant funds., REQUEST FOR ACTION MEETING DATE: 7/17/2006 DEPARTMENT ID"NUMBER:PW 06-040' Analysis: . The District's Cooperative Projects Program provides cities that operate within the District's service area an opportunity to receive up to 50% of project funds from the District to help eliminate or reduce water inflow and/or groundwater infiltration into the collection system. The benefit of the project is to limit the amount of excess water flowing into the District's processing plant and, thus, requiring treatment. On-August 16, 2004, the City submitted an Orange County Sanitation District Cooperative Projects Program grant application for rehabilitation of over 31,000 lineal feet of sewer mains in-an area generally bounded by Hamilton Avenue, Brookhurst Street, Banning Avenue and Bushard Street (Attachment 1). In January 2005 the District informed the City that it would only approve the' flow-monitoring phase of the project at that time. -The City completed the . flow-monitoring.phase in May 2005 and, based on the results, identified one section of the study area that had a cost/benefit ratio acceptable to the District. On May 241 2006, the District approved grant funding in the amount of $201,153 for the rehabilitation phase of this project. To receive the grant, it is necessary to execute the attached contract (Attachment 2). _Once executed, staff will proceed with the design and construction phases of the project, to occur in October 2006. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number . Description 1. Location Map 2. Contract No. CP-0501 (2-copies) 41. G:\R C A\2006\06-040 July,17 Erdman (Approve Contract CP-0501 with.OCSD CPP)Aoc .-2- ' 6/30/2006 4:14 PK ATTACHMENT #1 ® eee•:'e'e ® ►•°• a i'•• ••••••e•:•• t�. .... ....'•. ...... O ee! .eeeeeeeleeeeeeee •.... ._._.,, ...Ire•►....eO...... .... ... ��....-.-.-..-......�/:...a Ir� ... ® ... . • . •►eeee 1 ..... . ... ....: ... .-.".:....a...:.. ►...°Ir:'. •e e ...r.•..a..1.....1•. .... •... ♦eeee♦e1 :..♦.o•/.....e.ro ►eeee ��....I•e►e. 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A ►e e e e rr e e e e/ a►e e. ♦•► ♦-e-. e-�:eeeeeee/ e ►e♦♦ e ►ele eOeeee♦ :e'e ►e e e e Ir �e. a•► ewe /e e e e Ir a► e.•a ►♦ e e l ®® ►e♦ eV•:►'e':♦-e'►'eeV-e'p'e-rreVr♦vex♦e e ►♦ •. eel •e♦♦ e /e e e e Ir♦ ►!♦.•♦ ►eeee /eeee/ e e t • ►_e_e. elre►e♦. O ►ee♦ e /eeee/re►ee.•A ►e _e_�� ♦eeee l e e e e Ir♦►e e.•♦ ►eee ♦ /eeee. ►�•:. . :i:eV v'►'e'e'e :ovv'::ov:vevv ve. :ei ® ®®®®■■1 ►ee�•1�e�1•e1e•♦°O!►•e1:•e �O•�1°e•ee►e•1 eee•:/e•1�0!►•e►e•.•e�•: � •♦eeee♦1•eeeel•e• ♦eel•♦ leeee ►eeee•►e►eer e.e.♦.►.♦../.e.e.♦.e.•►.♦.e.e e./_e,e_e,e:r_e.e_e.e.1•_e_►_e_�e_e_e_e • • � a ATTACH M E N T #2 Contract No.'•CP-0501 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE'PROJECTS GRANTS PROGRAM CONTRACT RECITALS WHEREAS; this Contract is entered into on 20_ by and between' the Orange County Sanitation District .(hereinafter referred to as "District") whose address is P.O. Box 8127, Fountain Valley, California 92728, and the City of Huntington Beach (hereinafter referred to'-as "Agency"). District and Agency shall be individually referred to as"Party" and collectively as "Parties' and WHEREAS, District is a duly organized County Sanitation District, existing pursuant to the County Sanitation District Act, California Health and'Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, District implemented a Cooperative Projects Grants Program ("Pr"ogram"). to co-fund projects sponsored by agencies located within District's service area. District's Board of Directors has the authority to enter into Cooperative Projects Grants Program contracts to implement the Program; and WHEREAS, District's Board of Directors has authorized a contract with Agency for the project described . in Exhibit. "A" (Project Description/Statement of Work, hereinafter the "Project"), attached hereto and by reference made a part of this Contract; and WHEREAS, Agency has met the requirements for receipt of Cooperative Projects Grants Program Funds as set forth in Agency's Cooperative Projects Grants Program Application and Agency agrees to complete the Project defined herein. , NOW THEREFORE, the'Parties agree as:follows: AGREEMENT 1. AUDIT -Agency shall at least once every year be subject to an audit by District, or its authorized'representative, to determine if the revenues received by Agency were appropriately spent for the Project described in Exhibit "A". Agency shall retain all documents and records associated with the Project for a period of three (3)-years from the.date of completion of the Project. District shall coordinate such audit through Agency's audit staff. 2:- WATER CONSERVATION BMP 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 by reference made a part of this Contract. 3. TERM The term of this Contract is from the Contract execution date through completion of the Project or July :1, 2007, whichever occurs first unless terminated earlier.as provided for in Paragraph 4 below: All Project deliverables and requests for reimbursement must be received by District by September 1, 2007. Failure to meet this deadline willresult in forfeiture of Cooperative Projects Grants Program funding, provided, however, that in the event that 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. Such extension shall be made only by written agreement signed by both Parties hereto_ Extensions must be approved by District's Board of Directors, prior to contract amendment. 4. TERMINATION - In the event that any Party fails to comply with any term or condition 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 by reference made a part of this.Contract; the failure shall constitute a material ' breach of this 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 15 days or provide written notification of its intention to terminate this Contract upon 30 days written notice. ' Notification shall be provided in the manner set forth in Paragraph 22 below. Termination shall not be.the exclusive remedy of the non-breaching Party. The non-breaching Party shall have the xight to seek any and all remedies provided by law District may terminate this Contract . at any time, without cause;, upon giving Agency thirty (30) days written notice. Upon completion of the Project and in satisfaction of all reporting requirements. for Agency reimbursements set forth in this Contract, District shall reimburse Agency for all incurred costs identified in Exhibit "B" up through the date of termination.of this Contract. 5. 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 per occurrence (general and. automotive) of One Million Dollars ($1,000,000`.00). Agency shall maintain such coverage during the term of this Contract and any extensions thereof. Subject to notice to and approval of District, Agency may.fulfill its insurance obligations through one of the following: (i) self-insurance; (ii) by providing coverage through a joint powers insurance authority.(JPIA), which is duly formed under the laws of the State of California; or (iii) .utilizing a combination of self-insurance and JPIA coverage. 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 Two Million Dollars ($2,000,00000) per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with Five Million Dollars ($5,000,000.00) general-policy aggregate; or, alternatively Two Million Dollars ($2,000,000.00) aggregate separate for this Contract. Agency shall require its contractor :to maintain such coverage during the duration of the Project work. District shall'be named,as an additional insured by endorsement to each liability policy referred to herein. Each policy shall require that Agency notify District in writing, not less than thirty, (30) days in.advance of any.modification or termination of any such insurance. ° Any modification of .the insurance provided shall be subject to pre- approval'by District, If Agency, or its 'contractor, fails to maintain.the required insurance coverage, 'District reserves the right to immediately terminate. this Contract or purchase such additional insurance and bill Agency or deduct the cost thereof from any payments owed 'to Agency. District shall have no obligation, however, to..purchase additional insurance. 6. "INDEMNIFICATION =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 expense which District-its its officers, employees," agents, representatives, and 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, contractors, 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. Sub-agency means an agency, other than the Agency, that either performs or hires contractor(s) to perform work on the Project. 7. PAYMENT A. District shall pay Agency up to Two Hundred One Thousand One Hundred Fifty-Three Dollars ($201,153.00) upon completion of the Project on a reimbursement basis. Reimbursements are processed each year on a first-in first-out basis. .Once District reimbursement funds meet the annual cap identified by the District,.all remaining unpaid reimbursement requests will be deferred for payment until the following fiscal year. Any funds not expended upon Contract termination or completion shall revert. back to the Cooperative Projects Grants Program. Payment of charges shall be made by District to Agency within 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's Contract number, period covered by invoice, and Agency's Employer Identification Number. Invoices shall be submitted to: Orange County Sanitation District, P.O. Box 8127., Fountain Valley, CA 92728-8127. Attn: Accounts Payable Department. Proof of Project expenditures must-be provided with the Agency invoice. As proof of Project expenditures, Agency must provide copies of checks or warrants with corresponding` invoices or purchase orders,,receipts, and labor reports. For construction projects, Agency is required to provide to the District a copy of the check to the contractor showing payment-of final retention. C. District funds will be distributed on a reimbursement basis after Project ` completiori'and after receipt of all Project deliverables including proof of Project completion and expenditures. Projects that do not reach completion are not eligible to receive funds. District will reimburse allowable administrative costs as stipulated in Attachment "A" and itemized in Exhibit "B" (Project Cost Breakdown). Receipts and documentary records are required to support reimbursement requests. for administrative costs. Agency is responsible for `submitting to District an invoice with a. summary of expenditures, complete with copies of paid invoices and corresponding receipts and checks as proof of Project, expenditures. D.- District will not reimburse costs associated. with the following: Agency costs associated`with ,applying for and/or securing the Program funds from the District; any costs expended by Agency prior to the District's approval,of Agency's Program application; any costs incurred by Agency after termination of the Contract; Agency costs for work that is not directly associated with.the Project described in the Contract documents. E. No funds shall be paid .to Agency pursuant to this Contract; until the Project, asset forth in Exhibit "A", is completed and proof of completion and,proof of Project expenditures are provided to District. If the Project as described in Exhibit "A" is not completed and satisfactory proof of completion 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 completed. District shall not reimburse Agency for expenditures incurred by Agency outside the scope of the Project. F. For closed ,circuit television monitoring. ("CCTV") projects, proof of completion shall also include a notarized letter from the City Engineer, Public Works' Director, or City Manager affirming that the monitored sewers were constructed in or before 1960 or meet at least one of the following criteria: (1) Pipe material must be clay tile or glazed clay,, asbestos cement; uncoated concrete, or Orangeburg; (2) Joint configuration_ with high risk (i.e., high inflow/infiltration potential) must be. hand mortared, packed joint with oakum- asphaltic materials,jute, or other.hand packed materials; and (3) Other high-risk materials must be approved by the District before the Agency commences work. (4) Sewers are located in high groundwater or in areas'which show evidence of high inflow or, infiltration "as determined from the District's long-term flow monitoring. G. For 'closed circuit television monitoring ("CCTV") projects, the methodology of"evaluation, data collection, and reporting criteria used for- the National• Association of Sewer Service Companies (NASSCO) certification shall be practiced'-for all CCTV evaluations. A structural pipe' rating for each sewer segment shall be assigned using the NASSCO PACP condition-grading system. H. Additional Cooperative Projects Grants `Prograrn Funds will not be available to fund Project cost overruns. Any Project cost overruns must be funded from sources other than the Program." 1. The reimbursed amount shall not exceed 50% of the total cost of the work as set forth in Exhibit "A", Exhibit "B" and Exhibit "C", attached hereto and incorporated into the Contract. J. If, at the completion of the Project described' in Exhibit "A", the actual amount of Cooperative Projects Grants Program. Funds utilized in performance of the Project is less than the, projected Total Project Cost identified in Exhibit "B", the amount reimbursed by District shall not exceed 50% 'of the actual Total Project Cost. If; at the completion of the Project, the actual amount exceeds the projected Total Project Cost identified in Exhibit"B", District shall not be responsible for any additional funds, unless a Contract Amendment has been executed by the Parties. 8. COMPLIANCE WITH APPLICABLE LAWS Agency'shall comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. In any contract that Agency issues to carry out-th'e Project, Agency shall include a provision.that requires'the contractor and any of its subcontractors to comply with all federal, state, and local laws, ordinances, codes, and-regulations and orders of public authorities in the performance of'this Contract.. 9. EMPLOYEES OF AGENCY A. With regard to Project work, 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. With regard to Project work, Agency shall 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: With regard to Project work, Agency, its officers, employees, agents, or representatives shall in no manner 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. 10. ' PREVAILING WAGE REQUIREMENTS-To the extent that Agency's Project is a public works"project, as defined in California Labor Code §"1720 et. seq., Agency shalt .ensure that the Agency,, its contractors, subcontractors, agents, or representatives'on the Project comply with. all applicable federal and state laws requiring the payment of prevailing wages. : 11. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all time 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, national 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 (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. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with the above- mentioned federal and state laws, regulations, and orders. 13. 'ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either Party 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's or District's 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. 15. ATTORNEYS 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 attorneys' fees and costs. 16. FORC E-MAJEURE - 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 this 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 duplicate 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 risk of Agency. In the event that a formal contract is not executed, District shall not be liable for any amounts expended in anticipation of a formal 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 notice 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. IF TO District: Orange County Sanitation District P.O:Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary IF TO Agency: City of Huntington Beach 2,000 Main Street Huntington Beach, CA 92648. Attn: Douglas A. Erdman 23. ENTIRE CONTRACT - This Contract represents the entire agreement between the Parties hereto with respect to the Cooperative Projects Grants Program, 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. 24. NO THIRD PARTY BENEFICIARIES - This Agreement is entered into by and for District and Agency,•and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. 25. RECITALS- The Recitals above are hereby incorporated in this paragraph as, though fully set forth herein and each Party to this Contract acknowledges and agrees that such Party is bound, for purposes of the Contract, by the same as though set forth in full in this section. // IN WITNESS WHEREOF, the Parties to this Contract have caused this Contract : to be duly executed on their behalf by their authorized representatives on the date, hereinabove_ ORANGE COUNTY SANITATION DISTRICT By , Chair, Board of Directors By Secretary, Board of Directors APPROVED AS TO FORM: BRADLEY R. HOGIN DISTRICT:COU,NSE By CITY OF HUNTINGTON BEACH By Dave Sullivan, By - n By By APPROVED AS TO FORM: Tty Att rney U.22 ATsa EDMS 003810287 'Attachment „A„ ADMINISTRATIVE COSTS" : Long Distance Toll Charges All long distance toll charges incurred will be reimbursed as direct costs. Toll. charges to area codes serving Los Angeles, Orange, Riverside, and San Bernardino Counties will not be reimbursed'. Facsimile Transmission Charges Facsimile transmission charges will not be reimbursed, except the long distance toll charges, as described above. Reproduction Charges In-house reproduction of records and documents will not be reimbursed by the District. Use of an outside copy service for specialty items and volume reproduction will be reimbursed at direct cost; Overnight Mail Deliver and Messenger Service Use of Federal Express, Express Mail; UPS, or such similarly-related service; as well as a Messenger service, will be' reimbursed at direct cost 'only when necessary. Postage Incidental postage will not be reimbursed by District. Printing Use of a professional printing service will'be reimbursed at actual cost. Film Processing Film processing will be reimbursed at actual costa Computer Usage Computer use by Consultant and/or support staff.will not be reimbursed'. Mileage Per mile reimbursement will be at the current rate set by the Internal Revenue service. Temporary-Staff The use of outside temporary support staff will be reimbursed at direct cost with prior approval of District. Office Supplies The purchase of office supplies by Agency or Agency's Consultant will not be reimbursed. EDMS 003809877 Exhibit A Project Description/Statement of Work EXHIBIT A: PROJECT DESCRIPTION STATEMENT OF WORK Proiect Goals The City proposes to rehabilitate the existing 40 year old clay sewers and'manhole structures within an area approximately bounded by Hamilton Avenue, Bushard Street, Brookhurst.Streets and Banning Avenue: The approximately 40-year-old sewer pipes, which in most cases have been installed below groundwater levels, are upstream of the District's 78-inch 1-2" and 108-inch "1-2-4" trunk sewers: The City's ultimate goal will be to utilize,a Green Book approved slip lining process to eliminate the infiltration in its sewers. Infiltration of groundwater into.the sewer mains reduces the capacity of the sewer,main which could lead to a sanitary sewer overflow:Additionally, the DISTRICT has stated that it's treatment facility is.receiving "clean"water from the.Agencies mains upstream of their trunk mains,�which'in turn increase its operational costs for treatment purposes. In 2002, the City adopted its updated Sewer Master Plan,,which included an analysis of probable location of inflow/infiltration within the City's collection system. The area of this project was identified due to its proximity.to the groundwater table. As a precursor to this project, the City applied for and received a grant, in February 2005, to, perform flow monitoring at several locations within the project area to determine,the amount of 1/1 `occurring -within the clay sewer mains and manholes. The flow study was conducted with metering points at 4 locations within the. project area. Comparing ,the data from the flow monitoring against an average dry weather flow for the project areas based on land use, it is estimated that approximately 88,000 gallons per day of groundwater infiltration is occurring within one of the project areas. Utilizing the lining process for the aging sewer mains will add 40 to 50 years of new service life and will be the most,cost effective-and expeditious process that will provide benefits to the DISTRICT and the City. The City's benefits would be: 1. Lining will prolong the life of the sewer mains and become more resistant to potential failure related to settlement or earthquakes. 2. Increased capacity in sewer mains will result due to elimination of infiltration.And an increase in the Manning's roughness coefficient. 3. Operation &Maintenance(O&M)costs will be reduced due to a reduction in flow. Obiectives The infiltration of groundwater into the sewer main can. cause a variety of problems from overloading the sewer system to causing the DISTRICT to have to treat additional "clean" water• unnecessarily, increasing operational.costs for it's 'facilities.' The rehabilitation of the proposed . area's sewer mains, through the slip lining process,- could reduce the infiltration of 'clean' groundwater into the City's sewer system and in turn, the DISTRICT's facility. Scope of Work, Includinq aN Project Tasks City scope of work will be at a minimum the following: 1. Prepare plans and specifications 2. Award construction contract to: a. Clean obstructions within the sewer mains. ' b. Closed Circuit Television (CCTV)video'all sewer mains, in order to identify service lateral locations and if any repairs are needed c. Line the sewer mains with an approved method to provide a new pipe with an extended life of at least 40 years. d. Re-open all active service laterals e. Clean, repair and line the sewer manholes . f. CCTV upon completion of slip lining for quality control and note any laterals that show signs of infiltration,which could be addressed at a future date. Proiect End Products and Deliverables ' 1. Stop surface settlement by stopping the infiltration of soil and bedding material,which often accompanies infiltration 2. A rehabilitated system of clean, maintainable sewer mains and manholes. 3. Locate and possibility.eliminaie all or most illegal connections into the sewer system'. within the project area. 4. Pipes and manholes will no longer be susceptible to infiltration and calcium deposits after rehabilitation.by elimination of all breaks and joints. 5. A Final Report prepared by the City of Huntington Beach to be submitted to OCSD upon the completion of the project ' In addition the City of Huntington Beach agrees to or has completed the following: • Water Conservation BMP-Adopted—See • Sewer Master Plan-The City's most recent update is June 2002 • . Flow Monitoring-The City has completed flow monitoring prior to anyconstruction as it relates to the District's CPP. Exhibit B Project Cost Breakdown i EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Grants.Program Application) A, Please provide the following information regarding project funding: What is your funding contribution? $ 201,154 When will your funding become available? Now Available B. Please.provide the following Project Cost by Category Information:.. PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY2005-06 $ 201,154 2. Cooperative funds requested $ 201,153 3. Additional Project Co-Funding $' 0 4. Total Project Cost $ 402,307 .YES NO Is the Cooperative Projects Grants Program Funds request less ❑ than'or equal to 50%of,the Total Proposed Project Cost? Is the Cooperative Projects Grants Program Funds request less than or equal to 25%of the Total Proposed Project Cost? Does.the applicant have sufficient funds available to cover the ®_ ❑' total project cost,considering that the Cooperative Projects Grants Program Funds are available on a reimbursement-basis only? Does the',applicant have sufficient funds available to cover M ❑ ANY costs increases,considering that increases in the Cooperative Projects Grants Program Fund will not be available? C. Please list all funding sources other than the Cooperative Projects Grants Program:. NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. City sewer funds $ 201,154 2. $ 3 $ TOTAL-OTHER PROJECT CO-FUNDING: $ 201,154 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,MANHOLE AMOUNT FRAME AND COVER,ETC.) 1. ' *Slip line 8,992 lineal feet 8-inch VCP Pa $30/l.f. $ 269,760 2. **Rehabilitate 41 manholes @$1,400/m.h. $ 57,400 3. 15%contingency including supplemental expenses and $ 49,074 possible contractual changes during construction 4. $ 5. TOTAL CAPITAL EQUIPMENT COSTS: $ 376,234 *Includes: mobilization of equipment,cleaning,video taping(pre and post),bypass pumping, traffic control,re-open service laterals and dewatering. **Includes:mobilization of equipment,cleaning and'testing. DIRECT LABOR COSTS* (including overhead and AMOUNT benefits 1: Engineering- 75 Labor hours x 50.78 $/hour= $ 3,809 2. Management- 200 Labor hours x 53.33.$/hour= $ 10,666 3. . Inspection- 250 Labor hours x 46.39$/hour= $ 11,598 4. Labor hours x $/hour= - $ TOTAL DIRECT LABOR COSTS: $ 26,073 *Includes: design,prepai•ation.of contract documents,contract administration and construction management OTHER DIRECT LABOR COSTS,INCLUDING SUB- AMOUNT AGENCIES: 2 3: $ 4' TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs,i.e. % of project costs,actual cost breakdown etc.) $ TOTAL PROJECT COST: $ 402,307 Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. Exhibit C Project Milestone .Schedule EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1.— DISTRICT Award Grant May,2006 Task 2.—Project Design June,2006 Task 3—Contractor Selection December,2006 Task 4..—Award Construction Contract January,2007 Task 5.-Slip Line Sewers February-March,2007 Task 6. 'AGENCY Accepts Project, April,2007 Task 7.— Final Report Submitted July 1,2007 2006 2007 M • J J A S O, N D J F M A M J J PROJECT TASK A U. U U E C O E A E A P A U U Y N L G P T V C N ' 13 R R Y N L Task 1- DISTRICT Award Grant Task 2- Project Design Task 3- Contractor- ,Selection Award, Task 4 Construction Contract Task 5- Slip Line Sewers, 0. Task 6= AGENCY Accepts Project Final Report. Task 7- Submitted to OCSD Exhibit D Water Conservation - Best Management Practices CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Honorable Mayor and City Council Via: Ray Silver, City Administrator FROM: Robert F. Beardlsey, Director of Public Works DATE: April 17, 2003 SUBJECT: Summary of Water Conservation Practices. The'purpose of this memo is to summarize the Public Works Department's'past and current water conservation efforts. In general, the City of Huntington Beach has a long history of participation in local and regional water conservation efforts. It is important to, note that, although the'City has experienced a good deal of growth over the last decade, water consumption is.actually less now than it was in the early 1990s. CUWCC In September 2002, the City became a member of the California Urban Water Conservation Council (CUWCC). CUWCC was formed through a memorandum of understanding (MOU) by its participating agencies. As its name implies, the Council was created to address urban water conservation efforts. The Council has no regulatory authority and membership and annual dues are voluntary. Signatories to the MOU agree to implement a set of fourteen cost-effective Best Management Practices (BMPs). 1. 'Residential surveys 2. Residential plumbing retrofit 3. System water audits, leak detection'and repair 4. Metering 5. Large landscape programs and incentives . 6. High-efficiency clothes washer rebates 7. Public information-programs 8- School education programs 9. Commercials Institutional and..Industrial .10.Wholesale agency assistance programs 11.Conservation pricing 12.Conservation Coordinator Page 2 of 4 '5/3/2006 13.Water waste prohibition 14.Residential Ultra Low Flow Toilet (ULFT) replacement�programs -Each BMP has a set of specific requirements for documentation and implementation. A water agency can exempt itself from implementing a BMP if it can show that the practice is not cost-effective, that adequate funds.are not available, or if the agency does not have the legal authority to implement the practice. A report on BMP activity and status is filed with CUWCC every two years. Huntington Beach fled its first report in November 2002. Of the thirteen BMPs that apply to Huntington Beach (# 10 applies only to wholesale agencies), nine are already in place, some by virtue of programs,sponsored,by the Metropolitan Water District of Orange County (MWDOC), the Orange County Sanitation District (OCSD), Orange:County Water District(OCWD) and the Metropolitan Water District of Southern California (MWD). These are presented as.follows: # 3 Distribution System Audits -A system leak detection was.performed as.part of the, , Water-Master Plan. The City's unaccounted for water percentage is currently 7%. As long as this figure remains.below the established threshold of 10%; the City complies with this BMP without.any further action. At 10% or more a full-scale system audit is called for;,nonetheless, we are proposing to budget for a system audit in FY 03-04.- # 4 - Metering -_All water service connections in the City, with the exception of dedicated fire services; are metered. # 5 - Large Landscape Conservation Programs'and Incentives MWDOC recently introduced aerogram. The City is participating with large landscape customers and hosted a training seminar at Central Library. #"6 -High-efficiency washing machine rebate programs -.MWDOC, the Metropolitan Water District of Southern California (MWD) and Southern California Edison are implementing a program... The City is distributing water bill inserts advertising.the . program. #.7- Public' Information - MWDOC provides a number of publications and other public information efforts that supplement those distributed by the City. # 8 - School Education -MWDOC provides literature and presentations to schools throughout its service area. # 11 : Conservation Pricing -,One definition of conservation pricing is "rates designed to recover the cost of providing service." The City's rates are designed,in this fashion. 12 -Conservation Coordinator-The Senior Analyst at the Water Division has been designated . the Conservation Coordinator and has received certification from the California-Nevada.Section of the American Water Works Association (AWWA) as a D-\Documents and Settings\erdmand\Local Settings\Temporary Internet Files\OLK96\Conservation Memo2.doc Page 3 of 4 5/3/2006 Level I Water Conservation Practitioner. The Water Production Crewleader also holds this certification. # 14 - .Ultra Low Flow Toilet (ULFT) Programs - MWDOC provides a regional rebate program available to citizens of Huntington Beach'. In:ad'dition, MWDOC, OCWD, QCSD and MWD provide a free ULFT program. Huntington Beach has hosted a number of events over the last three years. Nearly 11,000 old.toilets have been retrofitted in Huntington Beach, making us one-of the leaders in the County in participation. The status of the remaining four BMPs is presented as follows. # 1.- Residential Surveys —Over the last two summers, the City has offered residential water surveys through a program coordinated by MWDOC. If deemed cost-effective, the program would be expanded to meet the criteria of this BMP. This pilot program is scheduled to be continued this summer. As a less formal program, the Water Division employs the "Water Awareness Team." These are customer service representatives who respond to high bill inquiries and a number of other water consumption calls. # 2 - Plumbing Retrofits-'MWDOC is currently evaluating a countywide program by conducting a saturation survey. The purpose of the survey is to quantify the retrofits accomplished through previous local efforts and natural replacement and then to' determine the need for further retrofit programs. 9 - Commercial, Industrial and Institutional programs- MWDOC, MWD and OCSD are developing a program. # 13 -Water Waste Prohibition- The City's existing ordinances would need to be updated and revised to meet this BMP. We are currently working on this revision. Essentially, compliance with the remaining BMPs, with the exception of# 13, consists of participation and coordination with programs either in development or already established by regional agencies. The City is given conservation credits by OCWD for water conserving.toilet and showerhead replacements. For each acre-foot of quantifiable conservation, OCWD allows the City to pump an equal amount over its Basin Pumping Percentage, thereby_ saving the difference in pumped water over import water(currently about $320/acre- foot). Alternatively, the City could opt for a recently approved direct funding program. These programs work to the benefit of the City by helping to protect its revenues while promoting conservation. ' Previous conservation efforts have been associated with drought and were therefore reactive: Adoption of the BMPs illustrates a proactive approach to responsibly and effectively managing the City's water resources. D-\Documents and Settings\erdmand\Local Settings\Temporary Internet Files\OLK96\Conservation Memo2.doc Page 4,of 4 5/3/2006 Protection of the Groundwater Basin-In-lieu Program To recharge the groundwater basin and protect it from seawater intrusion, OCWD often implements a coastal "in lieu" program, whereby coastal producers are asked to shutoff their wells for an extended period of time and use their import (MWD) capacity to.meet demand. The-program is designed to be cost neutral to.the producer. Over the years, Huntington Beach, recognizing the direct benefit to its groundwater, has participated more than any other producer. Future Efforts The City of Huntington Beach has been asked by MWDOC to participate in a pilot program for free distribution and installation of new"smart" irrigation controllers. These controllers are available to single-family homes with a minimum of 2500 square feet of irrigated area. The controllers communicate with a weather satellite and program irrigation accordingly, insuring that the landscape is maintained in the most water efficient manner possible. To date, Huntington Beach has more residents signed up for the program than any other agency in the County. Staff is currently in discussions with MWDOC, seeking methods to meet all the CUWCC BMPs. A request for proposal.is being developed for a consulting firm that can assist the Division in the implementation of the,more labor-intensive programs, specifically the residential and commercial/industrial audits. All indications show that southern California is near the end of the current drought cycle. We are over the average annual rainfall at this time and snow pack in the mountains is above normal. MWD has stated:that it will be able to meet demands into the near future. The City's best drought contingency is its groundwater wells and in maintaining -the capacity to meet demand with pumped water. Drought curtailments generally begin with imported water supplied by MWD. Because the City meets the bulk of its water demands with groundwater, even a 10% curtailment by MWD would only have a 2.5% net effect on Huntington Beach. This amount could easily be made up through groundwater. The City's current ordinance on water management was established pursuant to the California Water Code. During the drought of the early 1990s,'the City asked for voluntary water conservation, which was very effective. Should the need for more substantial curtailment measures ever be required, the current ordinance allows the City Council to phase in mandatory conservation measures. D'\Documents and Settings\erdmand\Local Settings\Temporary Internet Files\OLK96\Conservation Memo2.doc RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Contract CP-0501 with the Orange County Sanitation District for the Cooperative Projects Program COUNCIL MEETING DATE: July 17, 2006 RCA'ATTACHMENT W ST`A TU.S { r � � ,'. Ordinance. (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement w/exhibits if applicable) . Attached ( a pp ) Not Applicable ❑ (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b A Attached El( pp y the City y) Not A plicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached El Bonds (If applicable) Not Applicable Attached ❑ . Staff Report (If applicable) Not Applicable Attached ❑ Commission, Board or Committee Report (If applicable) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached ElFindin g pp Not Applicable EXAN PL ,ATgLON FOR MISSING ATTACHMENTS wk REEWED RETURN VI ED FOR RDE'D Administrative Staff ( ) ( ) Assistant City Administrator (Initial) City Administrator (Initial) ) ( ) City Clerk ( ) EXPLANATION FOR:°RETURN O,F ITEM Only)(Below Space For City Clerk's Use RCA Author: D:Erdman CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 1, 2006 Orange County Sanitation District P. O. Box 8127 Fountain Valley, CA 92728-8127 To Whom It May Concern: Enclosed is the executed Cooperative Projects Grants Program Contract:between the City of Huntington Beach and the Orange County Sanitation District. After the contract has executed,.please mail one copy back to my attention at the above address to complete our files. You assistance is greatly appreciated'. Sincerely, Joan L. Flynn City Clerk Enclosure: Agreements G:followup:agrmtttr (Telephone:714-536-5227)