Loading...
HomeMy WebLinkAboutOrange County Water District (OCWD) - 2015-11-16 Dept ID PW 15-067 Page 1 of 2 Meeting Date 11/16/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of an Agreement Between Orange County Water District (OCWD) and the City regarding sale of Green Acres Project (GAP) Water at Orange County Water District (OCWD) Facilities Statement of Issue Submitted for City Council approval is an agreement between OCWD and the City for the purchase of Green Acres Project (GAP) water at OCWD facilities Financial Impact Funds in the amount of$5,300 are available in Water Conservation account 50685806 69530 Recommended Action Approve the Mayor and City Clerk to execute "Agreement Between Orange County Water District and City of Huntington Beach Regarding Sale of Green Acres Project Water at OCWD Facilities " Alternative Action(s) Do not approve the agreement Analysis Governor Brown issued Statewide Mandatory Water Reductions on April 1, 2015, directing the State Water Resources Control Board to implement mandatory water reductions in cities and towns across California to reduce water usage by 25 percent One of the mandatory measures was a prohibition on the irrigation of ornamental turf on public street medians with potable water OCWD's Green Acres Project (GAP) is a water reuse effort that provides recycled water for landscape irrigation at parks, schools and golf courses, industrial uses, such as carpet dying, toilet flushing, and power generation cooling The GAP has a treatment plant design capacity of 7 5 MGD of recycled water OCWD receives secondary treated wastewater effluent from the Orange County Sanitation District (OCSD) for use in both the Groundwater Replenishment System and the GAP system For the GAP system, the OCSD flows are treated to a tertiary level (Title 22 of the California Code of Regulations) by mixing in coagulant, passing though flocculation paddles, filtration through dual-media beds (sand and anthracite), and finally spending time in a chlorine contact chamber before being discharged to a storage reservoir Staff is recommending that the City Council approve the agreement with OCWD to purchase up to five acre-feet of GAP water during a twelve month period to irrigate City street median and right-of- ways turf GAP water is sub-potable and, therefore, not subject to the Governor's drought measures This would allow the City to preserve much of the turf in the medians and right of ways Item 14. - 1 HB -100- Dept ID PW 15-067 Page 2 of 2 Meeting Date 11/16/2015 The City would need to use water trucks to take delivery of the GAP water from OCWD facilities The $5,300 purchase price is a flat fee The City would pay that amount whether we purchased all five acre-feet or none at all The City is restricted from using this water for any purpose other than irrigation unless approved by OCWD in writing Environmental Status Non applicable Public Works Commission Action: Non Applicable Strategic Plan Goal Enhance and Maintain Infrastructure Attachment(s) 1 "Agreement Between Orange County Water District and City of Huntington Beach Regarding Sale of Green Acres Project Water at OCWD Facilities" HB -101- Item 14. - 2 AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND CITY OF HUNTINGTON BEACH REGARDING SALE OF GREEN ACRES PROJECT WATER AT OCWD FACILITIES THIS AGREEMENT ("Agreement") is made and entered into as of 2015, by and between the ORANGE COUNTY WATER DISTRICT("OCWD")and the CITY OF HUNTINGTON BEACH("Producer") RECITALS A OCWD is organized and existing under the Orange County Water District Act, Ch. 924, Stats 1933, as amended (the "OCWD Act"), for the purpose of protecting and managing the Orange County Groundwater Basin (the`Basm"). The OCWD Act empowers OCWD to manage the Basin,provide for the conservation of the quantity and quality of water in the Basin, to conserve and reclaim water within or outside of the boundaries of OCWD,to buy and sell water at such rates as may be determined by its Board of Directors, and to distribute water to persons in exchange for ceasing or reducing the extraction of groundwater from the Basin B Producer is a municipal corporation organized and existing pursuant to its charter and the laws of the State of California, and provides water utility services within its boundaries, which Producer boundaries are within the boundaries of OCWD. Producer currently purchases potable "imported" water, and produces groundwater, as its sources of water supply In addition to distributing water to its retail customers, Producer beneficially uses significant quantities of basm groundwater and imported water for its own landscape ungation,municipal and related uses C OCWD has constructed and operates the "Green Acres Project" ("GAP"), which recycles wastewater from the Orange County Sanitation District and other sources,and treats such recycled water to permit its application for sub-potable landscape irrigation and certain industrial uses "GAP Water" is tertiary recycled water produced from the GAP treatment plant in compliance with reclamation criteria specified in Title 22 of the California Code of Regulations D Producer desires to purchase GAP Water to irrigate street medians and right- of-way landscape, in lieu of using potable Basin groundwater or imported water OCWD desires to sell GAP Water to Producer for these purposes, in order to assist in the conservation of Basin groundwater and potable imported water supplies. E Producer and OCWD executed the "Agreement between Orange County Water District and the City of Huntington Beach Regarding Distribution and Sale of Green Acres Project Water" on December 18, 1991 which pertains to the production, distribution, sale,and water quality of GAP Water within the jurisdiction of Producer F Producer and OCWD executed the "Agreement between Orange County Water District and City of Huntington Beach Regarding Lease of Green Acres Pipelines for Potable and Sub-Potable Water Transmission Proposes"on October 2,2006 which pertains to OCWD owned pipelines within the jurisdiction of Producer 131/022499-0003 8600329 1 a09/08/15 -1- EXECUTORY AGREEMENTS NOW, THEREFORE, in consideration of the facts recited above and the terms, covenants and conditions herein,the parties hereto agree as follows SECTION ONE: SALE AND DELIVERY OF GAP WATER 1 1 Producer shall have the right to purchase GAP Water from OCWD by accepting delivery of GAP Water at the OCWD facilities located at 18700 Ward Street, Fountain Valley, California(the "OCWD Facilities"), and taking delivery of GAP Water by filling a 3,000 gallon,or less,truck owned and/or operated by Producer 12 Producer may take delivery of GAP Water up to eight(8)tunes per day during the period from 6 30 am — 4 30 pm, during any work day (Monday through Friday) that OCWD offices are open Delivery of GAP Water to Producer shall not exceed five (5) acre feet within a 12 month period 13 Producer's GAP Water delivery truck shall access the OCWD Facilities by driving along the driveways and other travel areas within the OCWD Facilities as designated by OCWD This Agreement shall serve as a hnuted, non-exclusive license from OCWD to Producer for such access within the OCWD Facilities. 14 The purchase price for GAP Water during the term of this Agreement shall be a fee of$5,300 per 12 month period for GAP Water delivered by OCWD to Producer by filling of trucks at OCWD Facilities This Agreement does not amend pricing structures or any other component contained in previously executed agreements Producer shall record the quantity of GAP Water delivered to Producer's delivery truck on each occasion that Producer takes delivery of GAP Water OCWD shall provide a form to Producer at the filling location that will include fields for date, time, agency, quantity, name of truck driver, and others as listed on the form OCWD reserves the right to audit and verify the record for accuracy OCWD shall transrrut an invoice to Producer upon execution of this Agreement. Producer shall pay each such invoice within 30 days of its receipt 15 Producer may use GAP Water only for median and right-of-way landscape irrigation, and for such other uses as OCWD may specifically approve in writing Producer shall not sell or distribute GAP Water to any third parties,or use it for any purpose for which it may ultimately be used or applied for potable purposes Producer is subject to permit,use, and transportation requirements set forth by the Division of Drinking Water, Santa Ana Regional Water Quality Control Board, and OCWD Authorized representatives of Producer shall execute the "Recycled Water Use Permit" and "Recycled Water Truck Program Guidelines" herein included as Exhibits A and B respectively, and amended in the future as deemed necessary by OCWD 16 OCWD reserves the right to temporarily shut down the GAP upon two weeks written or telephonic notice to Producer,OCWD will provide Producer a schedule of planned outages and routine maintenance to allow Producer to plan accordingly throughout the year, provided, however, that OCWD may temporarily shut down the GAP, or suspend or termmate the GAP deliveries under this Agreement upon as little as one hour's written or telephonic notice if OCWD determines in its sole discretion that such suspension or shut down is necessary to meet Regulatory Requirements, ensure the mtegnty of the GAP or the GAP facilities, or because of lack of available source or supply OCWD also reserves the 1311OM499-0003 9600329 1 a09/O9/15 -2- right to temporarily routinely shut down the GAP during winter periods and/or to comply with energy peaking reduction programs Producer shall be responsible, at no cost to OCWD, to provide a back-up or alternative water supply whenever GAP Water is not available SECTION TWO: REPRESENTATIONS AND WARRANTIES REGARDING GAP WATER 21 Producer acknowledges that the use of GAP Water is subject to the rules and regulations of the California Regional Water Quality Control Board—Santa Ana Region and the State Water Resources Control Board Division of Drinking Water, formerly the California Department of Public Health, (the "Regulatory Requirements"). Producer represents, warrants and covenants that it will at all times comply with the Regulatory Requirements with respect to its receipt,use and delivery of GAP Water 22 Producer acknowledges that neither OCWD nor any OCWD Party has made any oral or written representation, warranty, promise or statement, whether expressed or implied, concerning the GAP Water,its availability,quality or fitness for any intended use by Producer, the value of GAP Water, or any other promise, representation or inducement not expressly set forth in this Agreement. 23 OCWD makes no representation, warranty, promise, statement or commitment, either express or implied, regarding the amount of GAP Water that will be available to Producer at any time during the term of this Agreement SECTION THREE: LEGAL REOUIREMENTS AND RELATIONS 3 1 The parties understand and agree that GAP Water delivered and sold by OCWD to Producer pursuant to the terms of this Agreement has limited uses, and Producer shall use GAP Water only in accordance with this Agreement, and only in a manner that is legally permissible under the laws of the State of Califorma and the rules, regulations and directions of the appropriate federal, state and local regulatory agencies exercising jurisdiction over the quality and use of GAP Water, including but not limited to the Regulatory Requirements 32 Producer shall keep itself fully informed of all existing and future state and federal laws, and all local ordinances and regulations which in any way affect either its activities under this Agreement or Producer's delivery,purchase and use of GAP Water, and of all such orders and decrees of bodies and tribunals having any jurisdiction or authority over the same Producer shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall defend, protect and indemnify OCWD and its officers, directors, employees, agents, representatives and contractors (each, an"OCWD Party")from and against any claim or liability ansmg from or based on the violation of any such law, ordinance,regulation,order or decree 33 OCWD and Producer mutually understand and agree that any and all GAP Water delivered and sold by OCWD to Producer under this Agreement shall not constitute either "supplemental sources" or "groundwater supplies" for the purpose of the annual establishment of basin groundwater production requirements and limitations by OCWD pursuant to §315 of the OCWD Act. OCWD and Producer mutually understand and agree 1 3 1/022499-00 03 86003291 a09/08/15 -3- that the GAP Water is, and shall be treated as, a separate class of water for the purposes of §315 of the OCWD Act 34 As material consideration for this Agreement, Producer both- (a) acknowledges the title of OCWD in and to all water rights associated with the production, transmission and delivery to Producer of the GAP Water,and hereby covenants and promises never to a sale, contest or resist OCWD's title to the GAP Water, and (b) acknowledges the title of OCWD in and to the GAP facilities, and hereby covenants and promises never to a sale, contest or resist OCWD's title to any portion of the GAP or the GAP facilities, and further disclaims any right to any capacity in the GAP or GAP facilities SECTION FOUR: WAIVER RELEASE,INDEMNITY AND INSURANCE 41 Producer expressly waives any claim against OCWD,or any OCWD Party, for injury or damage resulting from Producer's purchase or use of GAP Water, the quality of GAP Water, or the unavailability of GAP Water, at any time during the term of this Agreement. 42 By this Agreement,Producer releases, acquits and forever discharges OCWD and each and all of the OCWD Parties from any and all liabilities, claims, damages, losses, costs (including costs of suit and attorneys' fees and expenses), and demands of whatever nature, character, type or description, known or unknown, existing or potential, suspected or unsuspected, which Producer may hereafter have or assert against OCWD or any OCWD Party in any way relating to or based upon this Agreement, in any way relating to the production by OCWD of GAP Water, the sale and delivery of GAP Water to Producer, the use of GAP Water by Producer,the quality of GAP Water, or the lack of availability of GAP Water Producer acknowledges that it is familiar with the provisions of California Civil Code Section 1542,which provides as follows. "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" Producer,being made aware of Civil Code Section 1542,hereby expressly waives any right it may have thereunder, as well as under any other statutes or common law principles of similar effect 43 Neither OCWD nor any OCWD Party shall be liable or accountable at any time or in any manner for any loss,damage or mlury whatsoever to the person or property of any person or entity whatsoever, including but not limited to any employee, agent or contractor or Producer, in any way arising from any act or omission of Producer,the quality of GAP Water, the distribution to,purchase and use of GAP Water by Producer, or the lack of availability of GAP Water, or directly or indirectly, from any state or condition of the Green Acres Project 44 Producer shall indemnify, defend and save OCWD and each OCWD Party harmless from any and against all liability, loss, cost, expense or damage however caused by 131/022499-0003 8600329 1 a09/08/15 -4- reason of any mjury(whether to body,property, or personal or business character reputation) sustained by or to any person or property arismg in any way out of or caused by reason of any of the following (a)any act or omission of Producer; or(b) the production of GAP Water, the delivery and sale of GAP Water to Producer, and the purchase and use of GAP Water by Producer, or (c) the lack of availability of GAP Water(collectively, "Claims"), whether or not there is concurrent negligence on the part of OCWD or any OCWD Party,but excluding any claim ansing from the sole negligence or willful misconduct of OCWD or any OCWD Party In the event any such Claim results in the filing of litigation to which OCWD is made a party,Producer shall defend the litigation(or cause the same to be defended)at Producer's own expense and shall pay and discharge any and all amounts of judgment that may be rendered in any such litigation. If Producer fails or neglects to so defend that litigation, OCWD may defend the same and any expenses, including reasonable attorneys' fees, which OCWD may pay or incur in defending that litigation and the amount of any judgment winch OCWD may be required to pay shall be promptly reimbursed by Producer upon demand. 4 5 Producer may retain its self-insured risk of loss for general liability exposures, but to the extent that Producer carves commercial general liability insurance with limits to $3,000,000 per occurrence,Producer shall cause OCWD and the OCWD Parries to be named as additional insured on Producer's general liability policy of insurance with respect to the purchase and use of GAP Water under this Agreement, and Producer shall provide OCWD with certificates of insurance and endorsements evidencing such insurance coverage. 46 The provisions of paragraphs 4 1,4 2, 4 3 and 4 4 shall survive the expiration or earlier termination of this Agreement and shall remain binding upon Producer until such time as any action by any party against Producer, OCWD or any OCWD Party on account of any such Claim shall have been barred by any applicable statute of limitations. SECTION FIVE: NHSCELLANEOUS 5 1 Notices All notices, payments, transmittal of documentation and other writings required or permitted to be delivered or transmitted to any of the parties under this Agreement shall be personally served, transmitted by facsimile or electronic mail, or deposited in a United States mail depository, first-class postage prepaid, and addressed as follows If to OCWD- Orange County Water District 18700 Ward Street P O Box 8300 Fountain Valley,CA 92728-8300 Facsmile (714)378-3371 Email: mmarkus(a)ocwd.com Attn General Manager If to Producer- City of Huntington Beach b?UAN ?. t ANb V100 I kAutmiNGLTDA StREE", Uti1TlN TO BEACAO Cl 92.641a Facsimile: 131/022499-0003 8600329 1 a09/08/15 -5- Email Attn Or such other address or person as OCWD or Producer shall direct in writing Service of any instrument or writing by personal delivery shall be deemed complete when delivered Service by facsimile or electronic mail shall be deemed complete when transmitted,provided tangible evidence of the date, time and addressees maintained by the serving party; and service by mail shall be deemed complete 48 hours after deposit in the United State mail depository 52 Term. The term of this Agreement shall commence on the date of this Agreement and expire on December 31, 2017; provided, however,that, notwithstanding any other provision of this Agreement, either OCWD or Producer may terminate this Agreement with or without cause, or for any reason, at any time, by giving the other party a ten-day written notice of termination 5.3 Assignment and Sublease Producer shall not, without the prior written consent of OCWD (which OCWD may withhold in its sole and absolute discretion), either voluntarily or by operation of law, assign, mortgage, hypothecate, sublease or otherwise transfer this Agreement, or any portion of or interest in this Agreement, or permit the use of GAP Water for any purpose or by any person other than as set forth in this Agreement. Any attempted or purported assignment, mortgage, hypothecation, sublease or other transfer in violation of this Agreement shall be null and void, shall confer no right,title or interest in or to this Agreement,the GAP Water or any part thereof, and shall constitute a material breach of this Agreement 54 Conditions Subsequent. The performance of this Agreement is conditioned upon OCWD's continued ability to feasibly produce and distribute GAP Water in a cost effective manner in accordance with the Regulatory Requirements Subsequent to the date of this Agreement,should OCWD determine in its sole discretion that unanticipated increases in the cost of producing or distributing GAP Water or new or modified Regulatory Requirements governing the production,distribution,quality of use of GAP Water render the operation of the Green Acres Project or the GAP facilities economically infeasible, OCWD may cease production and distribution of GAP Water and terminate this Agreement upon ten days written notice to Producer 55 Construction and Amendment. This Agreement shall be construed according to its plain meaning as if prepared by all parties hereto, and shall be governed by and construed in accordance with the laws of the State of California. This Agreement may not be modified or amended except in writing signed by the parties hereto 56 Integration The parties hereto have set forth the whole of their Agreement, and the performance of this Agreement constitutes the entire consideration intended herem. 131/022499-0003 8600329 1 a09/08/15 -6- WHEREFORE,the parties have executed this Agreement as of the date set forth above ORANGE COUNTY WATER DISTRICT By. Board Presi nt By .,Ken,;ArUanager APPROVED AS TO FORM RUTAN&TUCKER,LLP By r erg neral Counsel ge County Water District CITY OF HUNTINGTON BEACH By: M Attest: ��City Clerk APPROVED AS TO FO gy rty Attorney City of Huntmgton Beach 131/022499-0003 9600329 1 e09/M15 -7- EX=IT A Recycled Water Truck Program Guidelines 131/022499-0003 86003291 a09/08/15 = � ORANGE COUNTY WATER DISTRICT RECYCLED WATER TRUCK PROGRAM GUIDELINES To help save limrted potable water supplies, the Orange County Water District(OCWD) provides recycled water to water trucks for hauling The Recycled Water Truck Program supplies clean, safe, disinfected recycled water for allowed non-potable uses such as landscape irrigation, sod compaction, and dust control. Recycled water for trucks is available via a filling station located at OCWD's Green Acres Project tertiary treatment plant in Fountain Valley Use of recycled water is permitted by the Regional Water Quality Control Board (Order R8-2002-0077)and may only be used within the OCWD jurisdictional boundaries as designated in the permit Customers interested in participating must apply for a Recycled Water Use Permit from OCWD. Recycled Water Quality: The OCWD's Recycled Water Truck Program supplies clean, safe tertiary treated recycled water that has been through a treatment process that includes dual media filtration and disinfection Recycled water treated to this high level meets the rigorous and protective standards set by the State Water Resources Control Board (SWRCB) Division of Drinking Water(formerly within the California Department of Public Health)and qualifies for unrestricted non-potable uses General Program Requirements 1 Customers with water trucks interested in getting recycled water must apply for a Recycled Water Use Permit from OCWD The application is available in person and may be picked up at OCWD's Administrative Office (18700 Ward Street, Fountain Valley)from the Recycled Water Truck Program Manager 2. OCWD's recycled water may be used only within OCWD's jurisdictional boundaries 3 If the Customer is a City,Water District,and/or Water Retailer,the hauled recycled water may only be used within its respective jurisdictional boundaries 4 Tanker trucks must be equipped with an air gap as noted in the attached detail 5 Truck owners must show proof of valid truck registration(a copy for each truck must be attached to permit application) 6. Truck owners must show proof of vehicle liability insurance (see permit form for coverage and documentation requirements) and worker's compensation insurance(unless owner-operated with no employees) 7 Before trucks can be filled for the first time, all truck owners and/or drivers are required to attend a brief on-site orientation/training in order to learn about using the filling station and the proper handling and use of recycled water The OCWD's Recycled Water Truck Program Manager schedules the on-site orientation/training and informs customers of the date, time,and location. 8 Customers are required to affix at least three recycled water signs to the customer's truck (both sides and rear) that have been approved by the OCWD inspector The sign size shall be no less than 4 inches high by 8 inches wide and shall include at a minimum the following wording `Recycled Water—Do Not Drink" 9 Once the customer completes the on-site orientation/training and the OCWD Program Manager verifies the required air gap, OCWD will issue a signed Recycled Water Use Permit. Additionally,OCWD will issue an access badge for the customer to gain entry to the filling station and for tracking purposes The badge is the sole property of OCWD and must be surrendered upon OCWD request The badge is assigned to a specific truck and shall not be transferred to another vehicle 10. The Recycled Water Use Permit must be available for inspection at all times The recycled water user/user's agent must carry at least two copies in the truck. Filling Station Requirements 1 Recycled water is available via a filling station at OCWD's Green Acres Project Facility, located at 18700 Ward Street in Fountain Valley with approval by OCWD through a Recycled Water Use Permit and designated recycled water meter Access to the filling station is restricted to those truck customers who have an OCWD-issued permit and access badge 2 The Customer shall record the following information on the clipboard located at the filling station date and time of delivery, City/Distnct/Retail agency, name of truck driver, license plate and/or truck number,and quantity of water taken 3. Trucks must have appropriately-placed recycled water signage to use a recycled water filling station 4. Please do not block any turnaround areas or nearby driveway entrances/exits when waiting or filling 5 NO IDLING Please turn off your truck engine while filling or waiting at the filling station 6 NO SMOIGNG is permitted at recycled water filling stations at any time(smoking is a potential safety hazard) 7 Please do not leave any trash or debris in the filling station area 8. Please securely re-lock the meter and close the valve before leaving the filling station and make sure that no water is leaking from the meter, piping, or hydrant 9. In the event of an emergency concerning the recycled water hydrant, meter,fill pipe or hose(spillage, leaks,etc), the truck driver needs to call the emergency contact number for further instructions (714) 378-3240 Page 1 of 3 Revised 9/3//2015 41 ORANGE COUNTY WATER DISTRICT RECYCLED WATER TRUCK PROGRAM! GUIDELINES Recyded Water Handfing an se equirementsPrecautions 1. If recycled water trucks also hill up at potable water sources,such as domestic fire hydrants with approved City or Retailer hydrant meters, there must be a reduced pressure principle backfiow device protecting the notable system A vehicle may be equipped with two rsers,one for potable water and one far recycled water. Each rlser must have an approved air gap separation between the nser outlet and the water tank rim The risers, hoses, and fittings for each supply must be color coded(painted)blue far potable Water and purple for recycled water.The hoses, hydrants, and risers for each supply must also have separate and unique fittings(e g.2-1/2'diameter on the potable system and 21 diameter on the recycled system)such that the potable water system cannot accidentally be used on the recycled water system and vice versa Once the vehicle is used to transport recycled water,it shall not be used to carry water for potable purposes unless it has been deaned and disinfected(see No 13) See Option 1 and Option 2 Depicted on the next sheet 2. Do not drink recycled water or use t for food preparation.The truck driver Is designated as the site supervisor in accordance with the OCWD RWQCB permit Additonally,the truck driver must notify workers and/or the public when recycled water is used at a site and tell them that they are not to drink recycled water or use it for food preparation. 3. A site visit by the OCWD Program Manager is required at'each site receiving recycled water prior to the applcation of such water. OCWD shall ensure that the customer has placed proper slgnage and precautions have been taken in preparabon for the use of recycled water. OCWD reserves the right to inspect each site at any time. All recycled water use areas that are accessible to the public shall be posted with signs that are visible to the public in a size no less than 4 inches high by 8 inches wide,that Include the foAowng wortring-"Recycled Water Do Not Dnnk". If the site is equipped with potable irrigation system and Is being suppkemerited with hauled recycled water,slgnage must indicate"Recyded Water Applied by Truck When Present—Do Not Drink". For sites that are not within the jurisdiction of agencies with existing recycled water dlstnbudon and sale agreements with OCWD, OCWD will coordinate with SWRC B Division of Drinking Water and Orange County Health Care Agency regulators to review and permit the site prior to appiicabon of recycled water. 4. Recycled water users and truck drivers should apply hand sanii6zer and/or wash their hands with soap and potable water after working with recycled water and especially before eating or smoking. S. Precautions should be taken to avoid food coming into contact with recycled water while the use site Is sblt wet 6. Truck drivers should be equipped with an adequate first aid kit.Cuts or abrasions should be promptly washed,disinfected,and bandaged. 7. Recycled water shall not be allowed to spray onto drinking water fountains or within 20 feet of drinking water fountains. Accidental contact of recycled water to a drinking water fountain shall require the immediate removal of the fountain from service, contacting the OCWD Program Manager,and dslnfecbon of the drinking water fountain in a method approved by the OCWD Program Manager before the fountain is placed back into active service. Before application of recycled wager to a site with a drinking water fountain,the City/District/Retail agency must document that they informed the persons) performmg the application of recycled water of the drinking water fountain specific requirements 8. Recycled water shall not be applied where it could contact or enter passing vehicles,buildings,areas where food is handled or eaten,or storm drams. If the public is present at the application site and has risk of exposure to spray, mist,or droplet contamination from recycled water, the person performing the application of recycled water shaft postpone the appilcation until a time the public Is not present or shall ensure the recycled water is not applied within 50 feet of the public, 9. Recycled water users and truck drivers shall take adequate measures to prevent overspray,ponding, and runoff of recycled water from the preauthonzed recycled water use area unless it is specifically allowed by the Regional Water Quality Control Board or by an attachment to the Recycled Water Use Pemu't issued by OCWD. 10. There shall be no Irrigation or impoundment of recycled water within 50 feet of any domestic(drinking water)well During the site permitting Process, OCWD will provide the approximate locations of domestic wells to the applicant based on its comprehensive well registration database Applicant is responsible to obtain a document from OCWD depicting the locations of wells within and surrounding the proposed recycled water sites and to field verify the exact locabon of such wells prior to recycled water use at each respective sill:. 11. Vehicles used for transportation and distribution of recycled water must have water-tight valves and fittings,must not leak,and tanks must be cleaned of contaminants prior to use A truck or tank that has contained material from a septic tank or cesspool shall not be used to convey recycled water A truck or tank cannot have prior use carrying substances that are hazardous, within the meaning of federal or state of California definitions of hazardous or toxic materials,wastes,or poisons 12. Recycled water must not be introduced into any permanent piping system and no connection shall be made between the tank truck and any part of a potable water system This includes Irrigation systems that are connected to a potable water system. 13. Tanker trucks used to transport recycled water shall not be used to carry potable water unless the required cleaning and disinfection process has been completed.Contact the local SWRCB DDW Orange County Distnct office for details 14 Any violation of these guldeltnes, requirements,or precautions,as well as those specified in Regional Board Order 118-2002-0077 and Title 22 of the California Code of Regulations shall be Immediately reported to the OCWD Program Manager. 15. If a Distnct/Compariy/Retailer/City or b truck drivers are found to be in violation of any of these guidelines,requirements, or precautions,as well as those specified In Regional Board Order R8-2002-0077 and Tide 22 of the California Code of Reguladorts, OCWD reserves the right to immediately invalidate the permit and discontinue recycled water deliveries without notice. 16, A Dlstict/Company/Retaller/City must execute an agreement with OCWD prior to the Issuance of this permit I certify that I have read,understand and agree t o abide by the above guidelines. Signature Date I O/ Print Name Justin Torres CA DL Number. B8534089 Company/District/City/Retail Agency City of Huntington Beach Page 2 of 3 Revised MI/2015 ORANGE COUNTY WATER DISTRICT RECYCLED WATER TRUCK PROGRAM GUIDELINES UN 2XPWE D1AJJE7MCLEAA7 FLOW tL EL POTpgtE VttATER F7RE APPR0k*}PECrcLen HyLxzwr V!1!t'tEiZfiLfStGSfA 3C3f1 f OPTION 1 — RECYCLED WATER TRUCK FILLING WITH A DUAL AIR-GAP CONNECTIONS A reduced pressure principle backflow device is required to protect the potable water system Each nser must have an approved air gap separation between the nser outlet and the water tank nm The risers, hoses, and fittings for each supply must be color coded(painted) blue for potable water and purple for recycled water The hoses, hydrants, and risers for each supply must also have separate and unique fittings (e g 2-1/2" diameter on the potable system and 2" diameter on the recycled system) such that the potable water system cannot accidentally be used on the recycled water system and vice versa There must be a reduced pressure pnnciple backflow device protecting the potable system, k"2X PFE DEAHErER Cc.M 0'a ` I �� �, ) APPRWEDREL'YCtED WATEfMIINGSYi4IfON )�r 'za � i r mz )JEJERWrM"'"� ' ME, PREVEttTER Pi)T WiRERFtRE ►rroanNr _ OPTION 2— RECYCLED WATER TRUCK FILLING WITH A SINGLE AIR-GAP CONNECTION A reduced pressure principle baddlow device is required to protect the potable water system Vehicles fill up at potable water sources, such as domestic fire hydrants with approved City hydrant meters and there must also be a reduced pressure principle backflow device protecbng the potable system Page 3 of 3 Revised 913112015 E)CfflBIT B Recycled Water Use Permt 131/022499-0003 86003291 aD9/08/15 3 This Recycled Water Use Permit must be available for inspection at all times l Permit is subject to RWQCB Order R8-2002-0077 and Tittle 22 of the Cahfomia Code of Regulations. SINCE 1-4�3 Recycled Water Truck Program Recycled-Water Use Permit Orange County Water District Recycled Water Truck Program 18700 Ward Street Fountain Valley,_CA 92728 i MYT- +C' i;CK�'r�'L�=rise �s'a �- i�•"`--�- �� ilEi�_-'y �� :'�.•w� �:� fix_, _a, r` �~ '• >9ate o�ermrt iration•-� .3..,: �@--� ;..r.- ,� �•'� _+btu, '�.'":�_ �^-� ��-�ar �,,h,. �Mt��."�+._...� �}'�� _w.p. � �._ ; '% i I ,l�pProvdietatleri ter7rstctCityffective�ateaAgreetehfl u�� ., �. 1, Customer Information User's Name: City of Huntington Beach Name of Company/Crty/Water Distnct/Retailer• City of Huntington Beach Mailing Address: 2000 Main Street City/State/ZIP Code Huntington Beach CA 92648 Office Phone#. (714)536-5480 Fax# (714)375-5135 Primary Contact. Justin Torres Title: Landscape Maintenance Lead Worker , Cell Phone or Other Phone#: Cell (714)615-0014 Office(714)375-5120 2.Truck Information Provide the following information for the trucks) for which a permit is requested The OCWD Program Manager must inspect each truck to determine that it is equipped with the necessary air gap and decals. t Capacity of Tank or z � , Truck Trailer# License Plate Storage Vehicle Equipped #of Decals rf applicable) Number Containers with Air Gap? min.of 3) 100671 1085696 2000 GAL 3.Recycled Water Use information(Check all that apply) Use of Recycled Water:VIrngabon ❑Other: RECYCLED WATER MUST NOT TO BE USED FOR STORM DRAIN FLUSHING Application Method. �TankTruck ❑Spray ❑Wash Water ❑Other- Page 1 of 2 Revised 9/3/2015 Recycled&atarfMM the Qranae CoaatX Water 121strict may be used only within fhe OCM boumdariag Location,approximately,of use site where you expect to apply truck hauled recycled water, 1. City: Address/Cross Streets: Site Description: OCWD Approval_ 2. Clty: Address/Cross Streets: Ste Description: OCWD Approval, [Attach separate she`Vmap if necessary for complete desaipaon of use site(s)] SEE ATTACHED SHEET 4. Recycled Water Use Information User agrees to Install, maintain,and keep in place while using recycled water three signs (on both sides and the rear of each truck) identifying that recycled water is in use. User must initial here to acknowledge these requirements (initials) Customer must identify the person responsible for implementing worker/public protection at each site (I.e. humans are not to drink recycled water or use rt for preparing food). Name of Responsible Person- Justin Torres 5.Vehicle Registration and Insurance Requirements Permit holder must provide and attach copies of current vehicle registration (for-each truck) and the following insurance requirement, 1) Proof of auto and trucking liability Insurance with$1 million in policy limits that include liability coverage for bodily injury, property and auto damage. It must also provide coverage for the use of owned, non-owned and hired automobiles and trucks. 2)Proof of Workers Compensation coverage that provides up to the state statutory limits. For single owner/operators with no employees Worker's Compensation coverage can be waived. CERTIFICATION&INDEMNIFICATION I certify that I am an authorized agent for the Company/City/Retailer cited in this application and that I have authority to bind the Distnct/Company/City/Retailer to the requirements of this permit and program.I hereby certify under penalty of perjury that the information provided in this permit application and in any attachment is true and accurate to the best of my knowledge. I also certify that I have read the applicable rules and regulations of the Regional Water Quality Control Board Order RS-2002-0077,Title 22 of the California Code of Regulations, and the Orange County Water District's Recycled Water Truck Program Guidelines and agree to abide by them My District/Company/City/Retailer agrees to defend, indemnify, and hold harmless the Orange County Water Distract, officials, staff and employees from and against any and all loss, liability, expense, damns, suits, and damages, including attorneys' fees, arising out of or resulting from Permit Holder's, its assoaates', employees', subconsultants', or other agents' negligent acts, errors or omissions, or willful misconduct, in the operabon and/or performance under this Recycled Water Use Permit. Signature of User � Pnnt Name Justin Torres Tine Dtstrict/Company/City/Retailer City of Hiinfingtrin Reach Date U AUTHORIZATION District/Company/City/Retailer is authorized to use recycled water from Orange County Water District's Recycled Water Truck Program in accordance with Orange County Water District's Recycled Water Truck Program Guidelines and RWQCB Order R8-2002-0077,Title 22 of the California Code of Regulations, OCWD Program Manager Signature: Date Distnct/Company/City/Retailer Representative Signature: Date Page 2 of 2 Revised 9/3/2015 Recycled Water From the Orange County Water May be used only within the OCWD boundaries Location,Approximately,of use site where you expect to apply truck hauled water: 1 City HB Address/Cross Street Banrnno Site Description Local Street OCWD Approval 2 City HB Address/Cross Street Brookhurst St Site Description Arterial Street OCWD Approval 3 Clty±LB Address/Cross Street Bushard Site Description Local Street OCWD Approval 4 Clty HB Address/Cross Street Atlanta Site Description Local Street OCWD Approval 5 City_Eg Address/Cross Street Indianapolis Site Description Local Street OCWD Approval 6 CltyHB Address/Cross Street Yorktown Site Description Local Street OCWD Approval 7 City Fa Address/Cross Street Garrield Site Description Local Street OCWD Approval 8 City HB Address/Cross Street Ward Site Description Local Street OCWD Approval 9 City Address/Cross Street Magnolia Site Description Local Street OCWD Approval 10 -City_La Address/Cross Street_Newland Site Description Local Street OCWD Approval 11 City HB Address/Cross Street Delaware Site Description Local street OCWD Approval 12 -Cjty_EO Address/Cross Street Ellis Site Description Local Street OCWD Approval 13 City Address/Cross Street Goldenwest Site Description Arterial Street OCWD Approval 14 City FiB Address/Cross Street Gothard Site Description i nrai Street OCWD Approval 15 -City_Eo Address/Cross Street Edwards Site Description Local Street OCWD Approval 16 City FIR Address/Cross Street Spring�aiP Site Description ArrPnai StrPPtOCWD Approval 17 City HB Address/Cross Street Gram Site Description i�r.al Street OCWD Approval 18 Clty�Address/Cross Street Bolsa Chica Site Description Arterial Street OCWD Approval 19 City_Hg Add ress/Cross Street Saybrook Site Description Local Street OCWD Approval 20 City HB Address/Cross Street Edinger Site Description Arterial StreetOCWD Approval 21 City HB Address/Cross Street Warner Site Description Arterial Street OCWD Approval 22 Clty HB Address/Cross Street Heil Site Description Local Street OCWD Approval 23 City HB Address/Cross Street Mcfadden Site Description Local Street OCWD Approval 24 City_Address/Cross Street Site Description OCWD Approval 25 City_Address/Cross Street Site Description OCWD Approval 26 City_Address/Cross Street Site Description OCWD Approval 27 City_Address/Cross Street Site Description OCWD Approval 28 City_Address/Cross Street Site Description OCWD Approval 29 City_Address/Cross Street Site Description OCWD Approval 30 City_Address/Cross Street Site Description OCWD Approval 31 City_Address/Cross Street Site Description OCWD Approval 32 City_Address/Cross Street Site Description OCWD Approval 33 City_Address/Cross Street Site Description OCWD Approval 34 City_Address/Cross Street Site Description OCWD Approval 35 City_Address/Cross Street Site Description OCWD Approval 36 City_Address/Cross Street Site Description OCWD Approval 37 City_Address/Cross Street Site Description OCWD Approval 38 City_Address/Cross Street Site Description OCWD Approval / City of Huntington Beach t *° 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov �F g17 office of the City Clerk E 1909 P � Joan L. Flynn, City Clerk November 23, 2015 Orange County Water District Attn M Markus, General Manager P O Box 8300 Fountain Valley, CA 92728-8300 Dear Mr Markus Enclosed is the original of the "Agreement Between Orange County Water District and City of Huntington Beach Regarding Sale of Green Acres Project Water at OCWD Facilities " Upon complete execution, please return either the original or a certified copy to us Please mail the document to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely, q*ze-lw. +^--, Joan L Flynn, CMC City Clerk JF pe Enclosure Szster Cztzes Anjo, Japan ♦ Waztakere,New Zealand City of .T I:a. Huntington Beach I. `1'ti 1 I j I I ah, I i N _) 4vt. wee - r . l5 _ o OOO JiFCC'OPc. O[iiCi Pc PHILIP L.ANTHONY President DENIS R.BILODEAU,P.E. CATHY GREEN IORDAN BRANDMAN SHAWN DEWANE First Vice President ]AN M.FLORY U DENIS R.BILODEAU,P.E. CATHY GREEN Second Vice President DINA NGUYEN SINCE 1933 PHILIP L.ANTHONY ROMAN A.REYNA STEPHEN R.SHELDON ORANGE COUNTY WATER DISTRICT General Manager ROGER C.YOH,P.E. ORANGE COUNTY'6 GROUNDWATER AUTHORITY MICHAEL R.MARKUS,P.E.,D.WRE January 7, 2016 Ms. Joan Flynn City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Agreement Regarding Sale of Green Acres Project Water at OCWD Facilities Enclosed is a fully executed original of the referenced Agreement for your records. Sincerely, % J nice Durant istrict Secretary Enclosure/stated •O •. 8300 18700 Er