Loading...
HomeMy WebLinkAboutAGMT - Orange County Sanitation District (Cooperative Projects Program) • • City of Seal Beach FILE REFERENCE FORM DATE: 200b- Db -O`1' Initials: fr- Full file — Created New Folder: Older file exists: Related topic: see below File contains records — NOT PUBLIC (Public Records Act) Other: Comments: OP-AN&TE COUNT'] SANITATION DIST121 Cr Ce0-Albia;t4At &Ta c. t xt�ibit " D" aHaohed -V LP—`t 11 CP -9912 ) CP- 99t3 O CP... 9911 mei Towh Cewetie PRojat a000- OS-& 7 a000 - o1 - I CP— '1912 7 &IS Electicpiie Mafpi n9 200o - o5 -a2 aoo° - o(1-30 ® CP— q 9 13 , SewP,ie Sy steryi Ma s+ 2 PIRA t 0700 — 0 S—.2a --4 &ODo — O(o -.330 • • • City of Seal Beach FILE REFERENCE FORM DATE: Initials: Full file - Created New Folder: Older file exists: Related topic: see below File contains records - NOT PUBLIC (Public Records Act) Other: Comments: 21a ® CP- of l o, Watele IZa+e Study a 1001 - 09 -0� —a� Goo 3 — 64 -30 / xe CP-oll 19 Seweie Asse nieit Old TovvM: c2ool- oq- tv —x,20 03-o(a-30 © ('P- oI12 ., SeINCE A ecSrneni- CPr: tool - o9 - t —; 07003 -Ole-36 �)(hibit ` 2 atrAc)iee1 "VD 't CP- °1109 cto -Dlll 9 cP - 0112 5 Amendment NNo . I -VD CP- 002D: .7000 - OS -a3--? aoo/ - is -31 Orr- oIl1; cool - (D - 0,24 aonQ - os -al Arnenal #a aoa3 - OS-3o A-n1 Mh t3 —)• on, D3 - 11 -07g r y V —.2e2 . , • A•) /0 kik) � � °/e, W 43'''''' � Contract No. CP -9911 °NA ORANGE COUNTY SANITATION DISTRICT `V COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, the parties to this Contract are 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 Seal Beach (hereinafter referred to as "AGENCY ") and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter — Cologne Water Quality Control Act; and `. WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. „DISTRICT Board of Directors has authorized a contract with AGENCY for the project more particularly described in Exhibit "A" (Project Description /Statement of Work) attached hereto and incorporated herein by reference, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: 1. AUDIT - AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE — AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to, Chapter 10 and - -- - " Appendix H, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation — Best Management Practices) attached hereto and incorporated herein by reference. 4. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or July 31, 2000, whichever occurs first unless terminated earlier as provided for in Paragraph 5 below entitled Termination. All project deliverables and requests • ' • for reimbursement must be received by August 31, 2000. Failure to meet this deadline will (141 result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six (6) shall be approved by the DISTRICT'S Board of Directors. 5. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A ", and Exhibit "C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non - breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) days written notice. Notification shall be provided in the manner set forth in Paragraph 22 below, entitled — "Notices." Termination shall not be the exclusive remedy of the non - breaching party. The non - breaching party, reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non - breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non - breach. 6. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right -of -way. The policy shall have a combined single limit of $2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre - approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 7. 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 expenses 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, 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. 8. PAYMENT - A. DISTRICT shall pay AGENCY a Firm Fixed Price of One Hundred Twenty Six Thousand, Nine Hundred Dollars ($126,900.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment 2 • 4 ` r ' of charges shall be made by DISTRICT to AGENCY within sixty (60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. _ B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit "A" is completed and proof of completion is provided to.DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program Funds applied to the project as set forth in Exhibits "A ", "B" (Project Cost Breakdown), and "C" of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit "A ", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit "B ", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 9. COMPLIANCE WITH APPLICABLE LAWS — AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 10. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 11. OWNERSHIP — Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 12. NON - DISCRIMINATION — In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis 3 • • of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88- 352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. • AGENCY shall likewise require each sub - AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 13. ASSIGNMENT — The . rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either 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 or DISTRICT failure to insist upon the performance of any or all of the terms, covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 15. ATTORNEY'S FEES — In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 16. FORCE 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 the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18. HEADINGS — Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION — This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 20. GOVERNING LAW — This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be 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 the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre- contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 4 • C • • 22. NOTICES — Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728 — 8127 Attn: Board Secretary AGENCY: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: City Clerk 23. ENTIRE CONTRACT— This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind . except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives. RECOMMENDED FOR APPROVAL: ORANGE COUNT - SANITATION DISTRICT BY: (C.aBoardofDirecto BY: ' � Secreta �, :oard ofjlrectors APPROVED AS TO FORM: THOMAS L. WOODRUFF, DISTRICT OUNSEL By: frALA‘A.a:., 9 5 • • CITY OF SEAL BEACH (AGE CY Name) BY: (Name) Keith R. Till City Manager (Title) 6 • • , Exhibit A Project Description /Statement of Work • EXHIBIT A: PROJECT DESCRIPTION / STATEMENT OF WORK SEWER REPLACEMENT PROJECT IN THE ALLEYS OF OLD TOWN Project Goals and Objectives The goal of this project is to replace aging sewer pipelines and manholes within the alleys of Old Town in order to reduce inflow and infiltration into the City of Seal Beach (City) sewer system and subsequently the County Sanitation District of Orange County (CSDOC) system. The total area of the project is approximately 300 acres. Background Inflow is the surface water that typically gains entry to the sewer system during rainfall - events through perforated or unsealed manhole covers. A brief study, conducted by AKM Consulting Engineers for the City of Seal Beach Sewer System Master Plan, resulted in the following relationship for inflow in the Old Town region: Inflow Expected (gpd) = 249,937 x Rainfall (in/day) Infiltration is defined as the water entering the wastewater collection system from the ground through defective pipes, pipe joints, connections or manhole walls. AKM Consulting Engineers evaluated flow monitoring data taken at various locations in the City and calculated an average infiltration rate of approximately 255 gpd /ac. (76,500 gpd total for Old Town drainage region) The wet weather flow monitoring program initiated by CSDOC from December 1997 to May 1998 identified five "high priority" basins in Orange County with relatively high volumes of inflow and infiltration. One of these "high priority" basins is 21 acres of the Old Town area within the City of Seal Beach, where an average of 2.8 percent of the rainfall volume was found to have entered the wastewater collection system. The combined impact of inflow and infiltration can result in a significant amount of excess water entering the sewer system. This may cause surcharging of pipes and additional pumping and treatment costs. The Old Town wastewater collection system is subject to high inflow and infiltration rates for the several reasons that follow: • Old Town is the southern most drainage region of the City of Seal Beach, bordering the Pacific Ocean. Due to the ocean's close proximity, high groundwater levels exist in the region and much of the sewer system lies below this level. • The majority of the pipes in this area are over 50 years old, installed during the city's period of expansion and growth. • The joints of the system are of cement mortar type and are probably leaking. ► • • Proposed Work It is proposed that the aging and damaged sewer pipes and manholes lying in the back alleys of Old Town be replaced. This includes approximately 32,594 feet of pipe, 46 sewer cleanouts and 74 manhole structures. The work will involve research and investigation of existing facilities, the design of replacement facilities, the removal of existing structures, and the construction of new facilities. The work will be phased into a period of six years beginning in 1999. Each phase will involve two major tasks. _ The first will be the preparation of construction plans, specifications, and estimates for the replacement of sewer lines, manholes, and cleanout structures in the City of Seal Beach Old Town drainage area. The second will be the actual construction of these designed facilities. EXHIBIT C: PROJECT MILESTONE SCHEDULE The work will be phased into a period of six years beginning in 1999. Table 1 below is a breakdown of the proposed phases of work and approximate cost estimates. Exhibit A highlights the project site of each individual phase. • Table 1 Old Town Sewer Replacement Project Phases Year Year Pipe Number of Number of Total Estimated Total Estimated of of Replacement Manholes to Cleanouts to Construction Engineering Design Construction Length be Replaced be Replaced Costs Costs ` 1999 2000 3,197 7 4 $235,000 $18,800 2000 2001 5,680 10 13 . $415,000 $33,200 2001 2002 9,577 23 6 $690,000 $55,200 2002 2003 6,819 19 6 $500,000 $40,000 2003 2004 7,321 15 17 $540,000 $43,200 Total 32,594 74 46 $2,380,000 $190,400 • • • Exhibit B Project Cost Breakdown 8 • • EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: a c What is your funding contribution $ C' ft, When will the funding become available? r .;V fi,exl B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available $ 1 ,200 000 2. Cooperative funds requested $ 200 OQQ 3. Additional Project Co-funding $ 4. Total Project Cost $ 21400 000 • YES NO Is the Cooperative Projects Program Funds request less ❑ ❑ than or equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less ❑ than or equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan Tess than ❑ or equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low ❑ interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover ❑ the total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to cover p ❑ ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? 21 • • C. Please list all funding sources other than the Cooperative Projects Program: NON- COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. Ce wer / Gcnrnral RJY - y:1 $ I, ,000 2. $ 3. $ 4. $ TOTAL OTHER PROJECT CO- FUNDING: $ 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 retum this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (PIPE, MAN -HOLE FRAME AND COVER, ETC.) AMOUNT 1. 5c-C. $ 2,4001000 2. $ 3. $ 4. $ TOTAL CAPITAL EQUIPMENT COSTS: $ 2, 40O400 DIRECT LABOR COSTS: AMOUNT 1. labor hours x ` $/hour = $ 2. labor hours x $/hour = $ 3_ labor hours x $ /hour = $ 4. labor hours x $ /hour = $ TOTAL DIRECT LABOR COSTS: $ 22 • • OTHER DIRECT COSTS, INCLUDING SUBAGENCYS: AMOUNT 1. $ 2. $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ ADMINISTRATIVE COSTS: $ TOTAL PROJECT COST: $ 2, 4CO OY Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. 23 • • Exhibit C Project Milestone Schedule 9 • • • Exhibit C Project Milestone Schedule Old Town Sewer Replacement Project Task Milestone Anticipated Completion Date Task 1 Design for Main Street Alley Sewer Replacement 7/99 -10/99 Task 1.1 Project Delayed for Construction due to Holiday and 10/99 -1/99 Business Owner Constraints Task 2 Bid and Advertise Project 1 /00 -2/00 Task 3 Construct Improvements, Coordinate Replacements with 3/00 -7/00 Water Agency and Gas Company f . • Exhibit D Water Conservation - Best Management Practices 10 It • e z /Z®ti!c /"./ Contract No. CP - 9912 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, the parties to this Contract are 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 Seal Beach (hereinafter referred to as "AGENCY ") and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter — Cologne Water Quality Control Act; and WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project more particularly described in Exhibit "A" (Project Description /Statement of Work) attached hereto and incorporated herein by reference, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: 1. AUDIT - AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE — AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to, Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation — Best Management Practices) attached hereto and incorporated herein by reference. 4. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or June 30, 2000, whichever occurs first unless terminated earlier as provided for in Paragraph 5 below entitled Termination. All project deliverables and • • , % . requests for reimbursement must be received by July 31, 2000. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six (6) shall be approved by the DISTRICT'S Board of Directors. 5. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A ", and Exhibit "C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non - breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) days written notice. Notification shall be provided in the manner set forth in Paragraph 22 below, entitled — "Notices." Termination shall not be the exclusive remedy of the non - breaching party. The non - breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non - breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non - breach. 6. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right -of -way. The policy shall have a combined single limit of $2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre - approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 7. 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 expenses 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, 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. 8. PAYMENT - A. DISTRICT shall pay AGENCY a Firm Fixed Price of Sixteen Thousand, Seven Hundred Ten Dollars ($16,710.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment 2 • • t of charges shall be made by DISTRICT to AGENCY within sixty (60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit "A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program Funds applied to the project as set forth in Exhibits "A ", "B" (Project Cost Breakdown), and "C" of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit "A ", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit "B ", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 9. COMPLIANCE WITH APPLICABLE LAWS — AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 10. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be ' considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 11. OWNERSHIP — Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 12. NON - DISCRIMINATION — In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis 3 , • • of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88- 352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub - AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 13. ASSIGNMENT — The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either 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 or DISTRICT failure to insist upon the performance of any or all of the terms, covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 15. ATTORNEY'S FEES — In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 16. FORCE 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 the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18. HEADINGS — Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION — This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 20. GOVERNING LAW — This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be 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 the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre- contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 4 ` • • , 22. NOTICES — Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728 — 8127 Attn: Board Secretary AGENCY: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: City Clerk 23. ENTIRE CONTRACT— This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives. RECOMMENDED FOR APPROVAL: ORANGE COU SANITATION DISTRICT BY: 1 ‘ _ air, Board of Dir=.' ors BY: I 4 . A ttil_ / Secr = ry , Board Directors APPROVED AS TO FORM: THOMAS L. WOODRUFF, DISTRICT, OUNSEL By: ,f ' . iea..!ri 5 • CITY OF SEAL BEACH ( 7 4 7:4 4- BY: ., (Name) Keith R. Till City Manager (Title) 6 • • Exhibit A Project Description /Statement of Work • • Exhibit A Project Description /Statement of Work 1. Project Goals and Objectives The City of Seal Beach is committed to developing a comprehensive electronic map of all facilities within the corporate boundaries of the City. The ultimate product will be a computer based geographic information system which accurately depicts all facilities and provides pertinent information on each with a click of a mouse button. The proposed program is a substantial undertaking and is designed to be completed in phases. Phase 1 of the program entails the purchase of the Counties computer map of the City. The City will use this map as a base for subsequent layers of information to be plotted upon. The City is currently in the midst of preparing detailed sewer and storm water master plans. Part of this effort is to develop a sewer and storm drain atlas map with a corresponding data base of information for each facility which can later be included in the comprehensive GIS package. 2. Scope of Work The scope of work for Phase 1 of the Cities' GIS program is as follows: A) Purchase the County's electronic map for the City of Seal Beach. This map will be used as a base for all subsequent facility information to be placed. (This map has been procured by the City) B) Prepare a comprehensive sewer atlas map in digital format in an approved layering scheme. The map will include manholes with identification numbers, and invert elevations; gravity sewers with size, slope, flow rate, peak flow, flow direction, and pipe materials; pump stations with wet well invert, influent sewer invert, high and low pumping levels, pump impeller elevation, discharge pipe elevations, forcemain pipe materials, appurtenances; and street right -of -way and names, sewer easements and dimensions. 3. End Products and Deliverables The completed Phase 1 work will be included in an overall GIS program being developed by the City. The final Phase 1 product will include the following: X \Rpts \SealBeach \Exhibit A • • A A sewer atlas map in Autocad DWG format drawn on the County's electronic map of the City. The map shall include that information described in item B of the scope of work above. Attribute data for each sewer facility will be put into a data base and linked with the appropriate line, point and polygon from the sewer system drawing, in a format suitable for viewing and querying in arc -view 3.0. X: \Rpts \Seall3each \Exhibit A • 0 Exhibit B Project Cost Breakdown 8 • i EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: What is your funding contribution $ 50% When will the funding become available? A v a i l a b l e Now B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY 98 -99 $ 1 6 : 1 10 .So 2. Cooperative funds requested $ 1 6 t i10.5 3. Additional Project Co-funding $ 4. Total Project Cost $ 33, 42_1.20 YES NO Is the Cooperative Projects Program Funds request Tess © El than or equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less 12 than or equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan Tess than © ❑ or equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low © ❑ interest loan and matching funds totaling Tess than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover © ❑ the total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to cover ❑ E ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? 21 • • C. Please list all funding sources other than the Cooperative Projects Program: NON - COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. City Sewer Fund /Gene; c 1u $ X6, 110,50 2. $ 3. $ 4. $. TOTAL OTHER PROJECT CO- FUNDING: $ 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 retum this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (PIPE, MAN -HOLE FRAME AND COVER, ETC.) AMOUNT 1. County Electronic Map $_14E112- 2. D1cykct\ Arc .11 1 Ortho) $20,000. 3. 4. $. TOTAL CAPITAL EQUIPMENT COSTS: $ 2 - 1 11 1.20 DIRECT LABOR COSTS: AMOUNT 1. labor hours x $/hour = $ 2. labor hours x $/hour = $ 3, labor hours x $/hour = $ 4, labor hours x $/hour = $ TOTAL DIRECT LABOR COSTS: $ 22 • • OTHER DIRECT COSTS, INCLUDING SUBAGENCYS: AMO.UNT 1 Consultant Atlas Map Preparation $ 6,250 2. $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ 6 ADMINISTRATIVE COSTS: $ TOTAL PROJECT COST: $ 33,421.20 - Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. • 23 • • Exhibit C Project Milestone Schedule 9 • • • • Exhibit C Project Milestone Schedule GIS Electronic Mapping Task Milestone Anticipated Completion Date Task 1 Purchase Orange County Electronic GIS Base Map 10/98 Task 2 Inventory System Infrastructure (Manholes, Lines, 1/99 — 8/00 Stations) Task 3 Purchase 6" Pixel Digital Aerial 11 /00 — 4/00 Task 4 Transfer and Integrate System Infrastructure from 4/00 — 6/00 CADD base to Arc View and Overlay over Digital Aerial, Develop Atlas Sheets I • . Exhibit D Water Conservation - Best Management Practices 10 • (' 5- 202- • • Contract No. CP -9913 ‘\'''\, ORANGE COUNTY SANITATION DISTRICT (C3% COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, the parties to this Contract are 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 Seal Beach (hereinafter referred to as "AGENCY ") and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter — Cologne Water Quality Control Act; and WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project more particularly described in Exhibit "A" (Project Description /Statement of Work) attached hereto and incorporated herein by reference, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: 1. AUDIT - AGENCY shall, at least once every year or within two years of the termination of the contact if the term is Tess than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE — AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to, Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation — Best Management Practices) attached hereto and incorporated herein by reference. 4. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or June 30, 2000, whichever occurs first unless terminated earlier as provided for in Paragraph 5 below entitled Termination. All project deliverables and • • requests for reimbursement must be received by July 31, 2000. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six (6) shall be approved by the DISTRICT'S Board of Directors. 5. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A ", and Exhibit "C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non - breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) days written notice. Notification shall be provided in the manner set forth in Paragraph 22 below, entitled — "Notices." Termination shall not be the exclusive remedy of the non - breaching party. The non - breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non - breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non - breach. 6. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right -of -way. The policy shall have a combined single limit of $2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre - approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 7. 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 expenses 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, 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. 8. PAYMENT - A. DISTRICT shall pay AGENCY a Firm Fixed Price of Twenty Five Thousand Dollars ($25,000.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by 2 • • • DISTRICT to AGENCY within sixty (60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit "A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program Funds applied to the project as set forth in Exhibits "A ", "B" (Project Cost Breakdown), and "C" of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit "A ", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit "B ", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 9. COMPLIANCE WITH APPLICABLE LAWS — AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 10. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 11. OWNERSHIP — Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 12. NON - DISCRIMINATION — In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis 3 • • of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88- 352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub - AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 13. ASSIGNMENT — The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either 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 or DISTRICT failure to insist upon the performance of any or all of the terms, covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 15. ATTORNEY'S FEES — In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 16. FORCE 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 the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18. HEADINGS — Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION — This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 20. GOVERNING LAW — This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be 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 the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre- contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 4 • • 22. NOTICES — Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728 — 8127 Attn: Board Secretary AGENCY: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: City Clerk 23. ENTIRE CONTRACT— This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives. RECOMMENDED FOR APPROVAL: • ORANGE COUN SANITATION DISTRICT i BY: `% ir, Board of Dire ors BY: - ;J[ Secreta j=oard of Di ctors APPROVED AS TO FORM: THOMAS L. WOODRUFF, DISTRICT COUNSEL By: .,J /,a 5 • • CITY OF EAL BEACH (AGE Y me) f / BY: !��� (Name) Keith R. Till City Manager (Title) 6 • • Exhibit A Project Description /Statement of Work • • EXHIBIT A: PROJECT DESCRIPTION / STATEMENT OF WORK CITY OF SEAL BEACH SEWER SYSTEM MASTER PLAN Project Goals and Objectives The purpose of this project is to provide the City of Seal Beach (City) with a comprehensive Sewer System Master Plan that evaluates the existing system, identifies future capacity deficiencies based on ultimate flows, and recommends cost effective system improvements to relieve existing and future deficiencies. The project also includes a study of inflow and infiltration into the City's system and the preparation of a sewer atlas map in digital format. Background The City of Seal Beach wastewater collection system consists of a network of gravity sewers, pump stations, and sewer force mains. The Old Town region (southern area of city bordering the Pacific Ocean) consists of a network of alley sewers constructed in the 1920's. The remainder of the sewers maintained by the City were constructed in the 1950's and 1960's. Originally, the City conveyed sewage flows to a local wastewater treatment plant, constructed in the early 1920's. In 1973, the treatment plant was demolished, the system was rerouted, and Pump Station No. 35 was built at the west end of Electric Avenue at Seal Beach Boulevard. Pump Station No. 35 pumps sewage flows north in Seal Beach Boulevard via a 16 -inch force main to the Orange County Sanitation Districts's (OCSD) Seal Beach Pump Station. City flows from the College Park East region (residential area located north of 405 freeway and east of Seal Beach Boulevard) also contribute to OCSD's system at the Westside Pump Station. Proposed Work The scope of work of the proposed project follows: Task 1 Administration and Management • Project and Status Meetings Task 2 Collection and Preparation of Information of the Sewer System • Data Collection and Field Reviews • • Maintenance Staff Interviews • Inventory and Database • Sewer Atlas Map in Digital Format Task 3 Analysis of the Sewer System • Evaluation and Formulation of Criteria • Development of Unit Flow Factors • Flow Monitoring • Inflow and Infiltration (I/I) Study and Development of I/I Factors • • • Hydraulic Model Development for Existing and Ultimate Conditions • Evaluation of Sewer System and Formulation of System Improvements for Existing and Ultimate Conditions • Evaluation of Pump Stations and Development of Recommendations of Upgrades Task 4 Improvement Program / Cost Estimates • Project Cost Estimates • Operational and Maintenance Cost Estimates • Capital Improvement Program Task 5 Final Report / Work Products • Master Plan Map • Summary Report of all Work • Geographic Information System (GIS) • System Installation and Training The inflow and infiltration study listed as a part of Task 3 above will involve flow monitoring at various locations throughout the city. The flow monitoring data will be used in conjunction with County rainfall records, pump station records, and the hydraulic model to determine the impact of inflow and infiltration (I/I) on the City's sewer system. Recommendations for I/I reduction will be made. The City also plans to have an operational GIS that will incorporate the results of the Sewer System Master Plan for future planning, maintenance, and analysis of its infrastructure. The information collected for the sewer atlas map and the master plan map, both prepared in digital format, will be entered into a database and utilized in the development of the GIS. • • Exhibit B Project Cost Breakdown 8 i • y EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: What is your funding contribution $ 25,000 When will the funding become available? AvctAGble Mow B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY 98 -99 $ 25, 00 2. Cooperative funds requested $ 2 51 000 3. Additional Project Co-funding $ 4. Total Project Cost $ SO 000 ' YES NO Is the Cooperative Projects Program Funds request less Er 0 than or equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less 0 :1 than or equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than 0 El or equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low IS El interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover n 0 the total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to cover n 0 ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? 21 . ' 0 • i- OTHER DIRECT COSTS, INCLUDING SUBAGENCYS: AMOUNT 1. $ 2. $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ , ADMINISTRATIVE COSTS: $ TOTAL PROJECT COST: $ G Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. • 23 w ' • • Exhibit C Project Milestone Schedule 9 • • • Exhibit C Project Milestone Schedule Sewer System Master Plan Task Milestone Anticipated Completion Date Task 1 -5 Collection and Preparation of Information on Sewer 6/99 • System, Analysis of Sewer System, Improvement Program/Cost Estimates, Work Product Task 6 Integration of Master Plan with City Funded Sewer 9/99 -6/00 Rate Study to examine and implement financial ways of funding improvements from Draft Master Plan. Includes public hearings, prop 218, etc... •• • • Exhibit D Water Conservation - Best Management Practices 10 n • • AMENDMENT NO. 2 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0110 THIS AMENDMENT NO. 2 to COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0110 is made and entered into, to be effective thisoaay of 4,2 , 2003, by and between: F' d ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT"; AND CITY OF SEAL BEACH hereinafter referred to as "AGENCY". RECITALS WHEREAS, on September 26, 2001, DISTRICT entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with DISTRICT's Cooperative Project Program; and WHEREAS, on May 27, 2002, DISTRICT and AGENCY executed Amendment No. 1 to Cooperative Projects Program Contract, for purposes of extending the completion date in the Original Contract an additional six (6) months, up to and including October 30, 2002; and WHEREAS, the terms and conditions of both the Original Contract and Amendment No. 1 will expire prior to the Project completion; and WHEREAS, DISTRICT and AGENCY mutually desire to further extend the term of the Original Contract and Amendment No. 1, to allow AGENCY to complete the Project; and 1 • • WHEREAS, pursuant to the terms of the Original Contract, any extension beyond six (6) months may only be approved by DISTRICT's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended for an additional six (6) months from the Project completion date in Amendment No. 1, up to and including, April 30, 2003, unless terminated earlier as provided for in Paragraph 6 of the Original Contract. All Project deliverables and requests for reimbursement must be received by District by May 28, 2003. Section 2: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Cooperative Projects Program Contract No. CP-0110 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT By _I,._. 7 , lll� c Chair, Board,.ff � Directors By Aiadgt1 Secretary, Board rirectors APPROVED AS TO FORM: By DISTRIC COUNSEL CITY OF SEAL BEACH By City M ger 2 <I' -. = 4o o SANI,�f e^ ORANGE COUNTY SANITATI!DISTRICT Qo``� Nf • July 14, 2003 phone: [714]962-2411 fax: . John Bahorski [714)962-0356 / City of Seal Beach wauw.eced. em 211 Eighth Street mailing address: Seal Beach, CA 90740 80. Box 8127 I Fountain Valley,CA 92728-8127 , SUBJECT: Cooperative Projects Program street address: Contract No. 0110 Amendment No. 2 10844 Ellis Avenue Fountain Valley, CA 92708-7018 `• Enclosed is a copy of executed Cooperative Projects Program Contract Member Agencies \ No. 0110 Amendment No. 2 for your files. The enclosed amendment extends ® , the completion date from October 30, 2002 to April 30, 2003 and the overall Cities / project completion date including submission of all project deliverables and requests for reimbursement to May 28, 2003. Anaheim Brea Buena Park ' Please be advised that any further requests for a contract extension will Cypress , Fountain Valley `' require Board of Directors approval. Fullerton Garden Grove Huntington Beach , If you have any questions, please contact Pamela Koester at (714) 593-7379. Irvine La Habra La Palma Los Age 11\ ( V Newport Beach \ O \ x�' Oranange Placentia Santa Ana Corina Chaudhry Seal Beach \ Stanton Management Analyst Tustin Villa Park , Yorba Linda I CC:PK:sa • �, EDMS:003750896 County of Orange / Enclosure Sanitary Districts \ Costa Mesa Midway City Water Districts Irvine Ranch • To maintain world-class leadership in wastewater and water resource management. Contract No. CP-01 10 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, this contract is entered into on / / ire , 2001 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 Seal Beach (hereinafter referred to as"AGENCY") and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter—Cologne Water Quality Control Act; and WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit"A"(Project Description/Statement of Work)attached hereto and incorporated herein by reference, more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: 1. AUDIT- AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE—AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to,Chapter 10 and Appendix H,as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices(BMP) for water conservation, more particularly described in Exhibit"D" (Water Conservation—Best Management Practices) attached hereto and incorporated herein by reference. e _ 4. SEWER MAINTENANCE PROGRAM - The AGENCY agrees to adopt a sewer maintenance program in accordance with best management practices as defined by WEF Manual of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from the sewers in order to minimize opportunities for blockages and spills. 5. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or April 30, 2002, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by May 28, 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six(6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6) shall be approved by the DISTRICT'S Board of Directors. 6. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit"A"(Project Description/Statement of Work), and Exhibit"C"(Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15)days' or provide written notification of its intention to terminate this Contract with thirty(30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled—"Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. INSURANCE- Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit(general and automotive) of One Million Dollars($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of$2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 2 - 8. 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 expenses 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, 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. 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of Twenty Thousand Dollars ($20,000.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty(60)days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit"A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit"A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits "A"(Project Description/Statement of Work), "B"(Project Cost Breakdown), and "C" (Project Milestone Schedule) of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit"A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit "B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 10. COMPLIANCE WITH APPLICABLE LAWS—AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 3 I I. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation,vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 12. OWNERSHIP—Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCRIMINATION— In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment& Housing Act(Government Code Section 12900, et 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 and shall include in each such subcontract language similar to this paragraph. 14. 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. 15. NON-EFFECT OF WAIVER—AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 16. ATTORNEY'S FEES—In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 17. 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. • 4 ank- 18. SEVERABILITY—In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. • 19. 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. 20. DUPLICATE EXECUTION—This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. 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. 22. PRE-CONTRACT COSTS—Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 23. NOTICES—Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary AGENCY: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740-2527 Attn: Doug Dancs, Deputy City Engineer 5 • o 4 24. ENTIRE CONTRACT—This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF,the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: 1� E COUNTY SANITAT I I1ST. B r.�11 i : �: . / di• Ch.' , Bo. . of C ors / _ .. . /. BY: ____ Secretary,ijsard of Dir-lors _ . / 7. j APPROV D AS TO FORM: - '/' T 8 AS L. WOO 1 ' UFF, D 'RICT COUNSEL i CITY t S H BY: fr•� City Manager / G:\wp.dta\eng\JOBS&CONTRACTSU-73\Cooperative Projects Program\fy01-02 contracts phase 1\Seal Reach\FY 2001-2002 AGREEMENT CP-0110 7-9-01 doe • 6 Exhibit A Project Description/Statement of Work • • • PROJECT DESCRIPTION/STATEMENT OF WORK: The proposed project consists of preparation of a water rate study for the purpose of implementing a Conservation Pricing water rate structure for the City of Seal Beach. Conservation Pricing or "Budget Based Tiered Rate Structure" is one of the most effective flow reduction techniques and it is consistent with Best Management Practice No.11 adopted by California Urban Water Conservation Council (CUWCC). A study commissioned by Metropolitan water district of Southern California (MWD) has identified budget based tiered rate structures along with customer outreach can save between 20 to 37 percent of water use. Budget based rate structures are equitable from customer to customer and are scientifically based on University of California research. It also has the potential for increased revenue stability to the City. Number of Southern California water agencies has implemented conservation-pricing type of rate structures successfully including Capistrano Valley Water District (City of San Juan Capistrano) and Irvine Ranch Water District. SCOPE OF WORK: Develop an appropriate conservation rate structure to allow the City of Seal Beach to adopt conservation rates suitable for local conditions. The new- rate structure would have to ensure revenue sufficiency and stability. Given the current conditions of the existing system, appropriate revenue requirements to meet the operational and capital expenditure will be determined. Afterwards, solid technical analysis will be performed to predict what the expected revenues would be under alternative rate structures. END PRODUCT AND DELIVERABLES: The end product will be rate structure proposal to be adopted by the City Council, which will eventually result in landscape water use savings of at least 20 percent. The deliverables will be a "Rate Study Report", and a proposal to adopt a new conservation priced water budget based rate structure for the City. Upon final action by the City Council a final report will be submitted to OCSD. . , Exhibit B Project Cost Breakdown • • EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: • What is your funding contribution? $ 20000. • When will your funding become available? Upon adoption of FY 2001-02 Budget B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT I. AGENCY funds available in FY2001-02 $ 20000 2. Cooperative funds requested $ 20000 3. Additional Project Co-Funding $ 4. Total Project Cost $ 40000 YES NO Is the Cooperative Projects Program Funds request less than or Xn n equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less than or ❑ Xn equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or n XI I equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low ❑ XT interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the Xn ❑ total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover Xn ❑ ANY costs increases, considering that increases in the. Cooperative Projects Program Fund will not be available? • • C. Please list all funding sources other than the Cooperative Projects Program: NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. Water System Revenues $ 20000 2. $ 3. $ 4. $ TOTAL OTHER PROJECT CO-FUNDING: $ 20000 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. $ 2. $ 3. $ 4. $ TOTAL CAPITAL EQUIPMENT COSTS: $ DIRECT LABOR COSTS (including overhead and AMOUNT benefits): 1. Water Rate Study Consultant Fees $ 32000. 2. $ 3. $ 4. S TOTAL DIRECT LABOR COSTS: S 32000. 1 OTHER DIRECT LABOR COSTS, INCLUDING SUB- AMOUNT AGENCIES: I. Consultant Project Administration $ 8000. 2 $ 3. $ 4. $ TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs, i.e. % of project costs, actual cost breakdown etc.) (10% of project cost) $ 40000. TOTAL PROJECT COST: $ Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. • • Exhibit C Project Milestone Schedule + • • B.V. PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1. —Execute Coop.Projects Contract June 2001 Task 2. — Retain Rate Study Consultant July 2001 Task 3. —Complete Rate Study Nov.200I Task 4. — Submit Findings to Council December 2001 Task 5. — Hold Public Hearing& Adopt New Rates February 2002 Task 6. — Prepare Final Report to OCSD April 2002 • • AMENDMENT NO. 2 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0111 THIS AMENDMENT NO. 2 to COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0111 is made and entered into, to be effective thisday of , 2003, by and between: ( 4 ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT"; AND CITY OF SEAL BEACH • hereinafter referred to as "AGENCY". RECITALS WHEREAS, on September 26, 2001, DISTRICT entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with DISTRICT's Cooperative Project Program; and WHEREAS, on May 27, 2002, DISTRICT and AGENCY executed Amendment No. 1 to Cooperative Projects Program Contract, for purposes of extending the completion date in the Original Contract an additional six (6) months, up to and including December 27, 2002; and WHEREAS, the terms and conditions of both the Original Contract and Amendment No. 1 will expire prior to the Project completion; and WHEREAS, DISTRICT and AGENCY mutually desire to further extend the term of the Original Contract and Amendment No. 1, to allow AGENCY to complete the Project; and 1 • • WHEREAS, pursuant to the terms of the Original Contract, any extension beyond six (6) months may only be approved by DISTRICT's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended for an additional six (6) months from the Project completion date in Amendment No. 1, up to and including, June 30, 2003, unless terminated earlier as provided for in Paragraph 6 of the Original Contract. All Project deliverables and requests for reimbursement must be received by District by July 28, 2003. Section 2: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Cooperative Projects Program Contract No. CP-0111 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT By . 4; 2 _Al 6 Chair- Board .f Directors By d(M , i SecretarAoard or Directors APPROVED TO FORM: By DISTRI T c UNSEL CITY OF SEAL BEACH By ,, LU - / ity Mana./ 2 a 4 �1V sA„,„„oM _ ' ,•,,� <� ORANGE COUNTY SANITATICIPOISTRICT 9 . y. i �w July 14, 2003 phone: (714)962-2411 \ fax: John Bahorski (714)982-0356 /' City of Seal Beach www.atsd.eam 211 Eighth Street mailing address: Seal Beach, CA 90740 P.O. Box 8127 ,' Fountain Valley,CA 92728-8127 \ SUBJECT: Cooperative Projects Program street address: Contract No. 0111 Amendment No. 2 10844 Ellis Avenue Fountain Valley. CA 92708-7018 \ Enclosed is a copy of executed Cooperative Projects Program Contract Member Agencies \ No. 0111 Amendment No. 2 for your files. The enclosed amendment extends ® the completion date from December 27, 2002 to June 30, 2003 and the Cities / overall project completion date including submission of all project deliverables Anaheim and requests for reimbursement to July 28, 2003. Brea Buena Park ! Please be advised that any further requests for a contract extension will Cypress Fountain Valley \ require Board of Directors approval. Fullerton Garden Grove Huntington Beach ; If you have any questions, please contact Pamela Koester at (714) 593-7379. Irvine La Habra La Palma Los Alamitos �(�\ I\ Newport Beach l \i "A Orange Placentia / Santa Ana Corina Chaudhry Seal Beach \ Stanton Management Analyst Tustin Villa Park • Yorba Linda , CC:PK:sa EDMS: 003750897 County of Orange Enclosure Sanitary Districts ' Costa Mesa Midway City Water Districts Irvine Ranch • \ To maintain world-class leadership in wastewater and water resource management. • Contract No. CP-01 11 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, this contract is entered into on . /_� 2001 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 Seal Beach (hereinafter referred to as"AGENCY") and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter—Cologne Water Quality Control Act; and WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit"A"(Project Description/Statement of Work)attached hereto and incorporated herein by reference, more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: I. AUDIT- AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to•determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE—AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to, Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices(BMP) for water conservation, more particularly described in Exhibit"D" (Water Conservation— Best Management Practices)attached hereto and incorporated herein by reference. S • 4. SEWER MAINTENANCE PROGRAM - The AGENCY agrees to adopt a sewer maintenance program in accordance with best management practices as defined by WEF Manual of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from • the sewers in order to minimize opportunities for blockages and spills. 5. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or June 28, 2002, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by July 26, 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however,that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6) shall be approved by the DISTRICT'S Board of Directors. 6. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit"A"(Project Description/Statement of Work), and Exhibit "C" (Project Milestone Schedule)attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15)days' or provide written notification of its intention to terminate this Contract with thirty(30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled—"Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit(general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of$2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30)days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 8. 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 expenses 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, 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. 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of Twenty Three Thousand Three Hundred Seventy Five Dollars($23,375.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty(60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead,and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit"A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit"A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits "A"(Project Description/Statement of Work), "B"(Project Cost Breakdown), and "C" (Project Milestone Schedule)of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit"A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit"B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 3 • 10. COMPLIANCE WITH APPLICABLE LAWS—AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 11. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 12. OWNERSHIP—Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCRIMINATION—In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment& Housing Act(Government Code Section 12900, et 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 and shall include in each such subcontract language similar to this paragraph. 14. 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. 15. NON-EFFECT OF WAIVER—AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 16. ATTORNEY'S FEES—In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 17. 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 4 ! • or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 18. SEVERABILITY —In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 19. 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. 20. DUPLICATE EXECUTION—This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. 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. 22. PRE-CONTRACT COSTS— Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 23. NOTICES—Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Ann: Board Secretary AGENCY: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740-2527 Attn: Doug Danes, Deputy City Engineer 5 • • 24. ENTIRE CONTRACT-This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: ly E COUNT SANIT• 10- DIST.. 1 T B t to . - L/ Chair, to. d of I ctors a _ l BY: I . � Secretary goard of Dir ,. ors APP%VED AS TO FORM: OMAS L. Wra DRUFF Ill STRICT COUNSEL CITY IFS • CH BY: i/ OfCity Manager G:\wp.dta\eng\JOBS&CONTRACTSU-73\Cooperative Projects Program\fy01-02 contracts phase Meal Beach\FY 2001-2002 AGREEMENT CP-01 11 7-9-01.doe 6 Exhibit A Project Description/Statement of Work 0 • PROJECT DESCRIPTION/STATEMENT OF WORK: The City of Seal Beach is proposing to undertake a study to identify inflow/infiltration problems and structural condition of existing sewers by means of CCTV, SSES and other assessment studies. The City's sewer collection system is a collection of 155,000 LP of pipe, majority of which is constructed of VCP, and some 633 manholes. The City's collection system delivers sewage to OCSD facilities for transport to the treatment facilities. This phase of the proposed cleaning and CCTV inspection program will cover the Old Town area and approximately 34.000 LE of sewer mains will be inspected. A wet weather flow monitoring program authorized by OCSD and conducted by CDN/t in 1998 concluded that there were five "high priority" basins with relatively high volumes of W. Old Town area of the City of Seal Beach. was one these five areas. The area covers approximately 291 acres and the sewer mains date back to 1920s. SCOPE OF WORK: Scope of work will consist of a methodical determination of the order of work; cleaning of the • sewer mains to be inspected; video taping of the sewer mains; and monitoring and evaluation of the video. This would be supplemented by actual physical inspection where necessary. Upon completion a final report detailing the findings, conclusions and recommendations will be prepared. END PRODUCT AND DELIVERABLES: The end product of this undertaking will be a comprehensive report on the condition of sewer mains in the Old Town area of the City to be utilized as a planning document for determining and prioritization of the replacement of these 70 to 80 year old sewer mains. The goal is to reduce the extraneous flows arriving at the OCSD Treatment Plant due to infiltration/inflow because of the poor condition of existing sewers. • b • I \ .� a V 4. I ... J!/ Q. I � I ] 1 � I . 1 ;I ', i 1 7 ', 1 N LL H N el a i A 6 k .-z ••I ...` _ate a I j - .6 i I r l p ux x I � l i • y% > j A I Y ic/e •mss..•\ s 6 ` , r I I 1 JI �2 \```Yl 4 a s z . 25 LI Z 3 o = 4 " \ a 0 e. a2 �� ag W; tt a� • aU ■ 0 • Exhibit B Project Cost Breakdown • • EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: • What is your funding contribution? $ 23,375. • When will your funding become available? Upon approval of FY 2001-02 budget by City Council B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT I. AGENCY funds available in FY2001-02 $ 23,375. 2. Cooperative funds requested $ 23,375. 3. Additional Project Co-Funding $ 4. Total Project Cost $ 46,750. YES NO Is the Cooperative Projects Program Funds request less than or nX ❑ equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less than or ❑ Xn equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or El Xn equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low ❑ Xf interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the XU n total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover Xn ❑ ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? • • C. Please list all funding sources other than the Cooperative Projects Program: NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT I. Sewer System Revenues $ 23.375. 2. $ 3. S 4. $ TOTAL OTHER PROJECT CO-FUNDING: $ 23,375. 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. S 2. S 3. 4. S TOTAL CAPITAL EQUIPMENT COSTS: $ • • • DIRECT LABOR COSTS (including overhead and AMOUNT benefits): I. Sewer Cleaning & Video Tape 340001f@$0.85/LE $ 28,900. 2. Video Monitoring. Evaluation and Report Preparation $ 13,600. 3. Program Management Consultant $ 4,250. 4. $ TOTAL DIRECT LABOR COSTS: $ 46,750. 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.) $ . 46,750. TOTAL PROJECT COST: $ Please note that the Total Project Cost reflected in subsections B and D, above should he consistent. • • Exhibit C Project Milestone Schedule I ' • • B.V. PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1.— Execute Coop. Projects Contract June 2001 Task 2. — Solicit Bids for Cleaning and Video Tape July 2001 Task 3.— Field Activities Completed October 2001 Task 4. —Prepare Report of Finding and Conclusions January 2002 Task 5. — Final Report Submitted April 2002 Task 6.—Final Report to OCSD June 2002 • • AMENDMENT NO. 2 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0112 THIS AMENDMENT NO. 2 to COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0112 is made and entered into, to be effective this ,2^-1(day of , 2003, by and between: U ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT'; AND CITY OF SEAL BEACH hereinafter referred to as "AGENCY". RECITALS WHEREAS, on September 26, 2001, DISTRICT entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with DISTRICT's Cooperative Project Program; and WHEREAS, on May 27, 2002, DISTRICT and AGENCY executed Amendment No. 1 to Cooperative Projects Program Contract, for purposes of extending the completion date in the Original Contract an additional six (6) months, up to and including December 27, 2002; and WHEREAS, the terms and conditions of both the Original Contract and Amendment No. 1 will expire prior to the Project completion; and WHEREAS, DISTRICT and AGENCY mutually desire to further extend the term of the Original Contract and Amendment No. 1, to allow AGENCY to complete the Project; and 1 • • WHEREAS, pursuant to the terms of the Original Contract, any extension beyond six (6) months may only be approved by DISTRICT's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended for an additional six (6) months from the Project completion date in Amendment No. 1, up to and including, June 30, 2003, unless terminated earlier as provided for in Paragraph 6 of the Original Contract. All Project deliverables and requests for reimbursement must be received by District by July 28, 2003. Section 2: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Cooperative Projects Program Contract No. CP-0112 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT By >21 C AJ Chair,!vB�oar of/�DDiirectors By ,� �� - !, qtr,-Board of Directors APPROVED AS TO FORM: By DISTRICT CO NSEL CITY BEACH By , i �✓ ity Mana r 2 ORANGE COUNTY SANITATICIPDISTRICT July 15, 2003 phone: (714)962-2411 fax: John Bahorski (714)962-0356 / City of Seal Beach www.ocsd.com 211 Eighth Street mailing address: Seal Beach, CA 90740 P.O. Box 8127 Fountain Valley, CA 92728-8127 SUBJECT: Cooperative Projects Program street address: • Contract No. 0112 Amendment No. 2 10844 Ellis Avenue Fountain Valley,CA 92708-7018 \ Enclosed is a copy of executed Cooperative Projects Program Contract Member Agencies No. 0112 Amendment No. 2 for your files. The enclosed'amendment extends • the completion date from December 27, 2002 to June 30, 2003, and the Cities `/ overall project completion date including submission of all project deliverables Anaheim \ and requests for reimbursement to July 28, 2003. Brea Buena Park / Please be advised that any further requests for a contract extension will Cypress Fountain Valley require Board of Directors approval. Fullerton ( Garden Grove Huntington Beach If you have any questions, please contact Pamela Koester at (714) 593-7379. Irvine La Habra ( La Palma Los Alamitos Newport Beach \ �. •. \�/\(\/, Orange 2 Placentia Santa Ana Coring Chaudhry Seal Beach ` Stanton Management Analyst Tustin Villa Park Yorba Linda CC:PK:sa EDMS:003750946 County of Orange / Enclosure Sanitary Districts Costa Mesa Midway City , N Water Districts Irvine Ranch I N To maintain world-class leadership in wastewater and water resource management. � 1 • • Contract No. CP-0 I 12 ORANGE COUNTY SANITATION DISTRICT s t COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS,this contract is entered into on�� � , 2001 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 Seal Beach (hereinafter referred to as"AGENCY")and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter—Cologne Water Quality Control Act; and • WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit"A" (Project Description/Statement of Work)attached hereto and incorporated herein by reference, more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: 1. AUDIT- AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE—AGENCY agrees to adopt, by its Ordinance,the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to,Chapter 10 and Appendix H,as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices(BMP) for water conservation, more particularly described in Exhibit"D" (Water Conservation—Best Management Practices)attached hereto and incorporated herein by reference. • I\ - • • 4. SEWER MAINTENANCE PROGRAM - The AGENCY agrees to adopt a sewer maintenance program in accordance with best management practices as defined by WEF Manual of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from the sewers in order to minimize opportunities for blockages and spills. 5. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or June 28, 2002, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by July 26, 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however,that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six(6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6) shall be approved by the DISTRICT'S Board of Directors. 6. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit"A" (Project Description/Statement of Work), and Exhibit"C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days' or provide written notification of its intention to terminate this Contract with thirty(30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled—"Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. INSURANCE- Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit(general and automotive)of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of$2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 2 r: • • 8. 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 expenses 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, 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. 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of Fifty Five Thousand Dollars ($55,000.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty(60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit"A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50%of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits "A" (Project Description/Statement of Work), `B"(Project Cost Breakdown), and "C" (Project Milestone Schedule)of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit"A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit"B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 3 • • 10. COMPLIANCE WITH APPLICABLE LAWS—AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 11. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation,vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 12. OWNERSHIP—Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCRIMINATION—In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment& Housing Act(Government Code Section 12900, et 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 and shall include in each such subcontract language similar to this paragraph. 14. 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. 15. NON-EFFECT OF WAIVER—AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 16. ATTORNEY'S FEES— In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 17. 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 4 • • or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 18. SEVERABILITY—In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 19. 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. 20. DUPLICATE EXECUTION—This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. 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. 22. PRE-CONTRACT COSTS—Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 23. NOTICES—Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary AGENCY: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740-2527 Attn: Doug Dancs, Deputy City Engineer 5 • • 24. ENTIRE CONTRACT—This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: RANGE COUNTY SANIT• TI• DIST' Ch ir, :. d o ; rec BY: 7 iL`C " / ._ A Secreta If Board of Dir ers :,.] % ^ 1 'i —r— S - APPROVED AS TO FORM: x ., L am• AL, .r a . � , % !WAS ASL. W•?IRUFFi I.TRICT COUNSEL CITY • E • :EACH BY: a - v" A C anager / G:\wp.dta\eng\JOBS&CONTRACTSW-73\Cooperative Projects Program\fy01-02 contracts phase I\Seal Beach\FY 2001-2002 AGREEMENT CP-0112 7-9-01 doc 6 • • Exhibit A Project Description/Statement of Work • • PROJECT DESCRIPTION/STATEMENT OF WORK: The City of Seal Beach is proposing to undertake a study to identify inflow/infiltration problems and structural condition of existing sewers by means of CCTV, SSES and other assessment studies. The City is also proposing to undertake a flow monitoring effort along with the assessment study. The City's sewer collection system is a collection of 155,000 LF of pipe, majority of which is constructed of VCP, and some 633 manholes. The City's collection system delivers sewage to OCSD facilities for transport to the treatment facilities. This phase of the proposed cleaning and CCTV inspection program will cover College Park East neighborhood and approximately 54000 LF of sewer mains will be inspected. SCOPE OF WORK: Scope of work will consist of a methodical determination of the order of work; cleaning of the sewer mains to be inspected; video taping of the sewer mains; and monitoring and evaluation of the video. Also included in the scope is flow monitoring at four different locations to better determine and define Infiltration and Inflow quantities. This would be supplemented by actual physical inspection where necessary. Upon completion a final report detailing the findings, conclusions and recommendations will be prepared. END PRODUCT AND DELIVERABLES: The end product of this undertaking will be a comprehensive report on the condition of sewer mains in the College Park East neighborhood of the City to be utilized as a planning document for determining and prioritization of the replacement of these 35 to 40 year old sewer mains. The goal is to reduce the extraneous flows arriving at the OCSD Treatment Plant due to infiltration/inflow because of the poor condition of existing sewers. • • Exhibit B Project Cost Breakdown • • EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: • What is your funding contribution? $ 55,000. • When will your funding become available? Upon approval of FY 2001-02 budget by City Council B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT I. AGENCY funds available in FY2001-02 $ 55,000. 2. Cooperative funds requested $ 55,000. 3. Additional Project Co-Funding $ 4. Total Project Cost $ 110,000. YES NO Is the Cooperative Projects Program Funds request less than or nX ❑ equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less than or ❑ X❑ equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or n X❑ equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low n Xn interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the Xn ❑ total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover X❑ ❑ ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not he available? • • C. Please list all funding sources other than the Cooperative Projects Program: NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. Sewer System Revenues $ 55,000. 2. $ 3. $ 4. $ TOTAL OTHER PROJECT CO-FUNDING: $ 55,000. D. As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories. hourly rates. number of hours, etc. when defining labor costs. Please return this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (PIPE, MANHOLE AMOUNT FRAME AND COVER, ETC.) 1. $ 2. $ 3. $ 4. $ TOTAL CAPITAL EQUIPMENT COSTS: $ • • DIRECT LABOR COSTS (including overhead and AMOUNT benefits): I. Sewer Cleaning & Video Tape 540001R$0.85/LF $ 45,900. 2. Video Monitoring. Evaluation and Report Preparation $ 21,600. 3. Flow Monitoring at 4 locations 36,000. 4. Program Management Consultant $ 6,500. TOTAL DIRECT LABOR COSTS: $ 110,000. OTHER DIRECT LABOR COSTS, INCLUDING SUB- AMOUNT • AGENCIES: L $ 2. $ 3. $ 4. $ TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs, i.e. % of project costs, actual cost breakdown etc.) $ . 110,000. TOTAL PROJECT COST: $ Please note that the Total Project Cost reflected in subsections B and D. above should be consistent. • • Exhibit C Project Milestone Schedule • • B.V. PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1.—Execute Coop. Projects Contract June 2001 Task 2.— Solicit Bids for Cleaning and Video Tape July 2001 Task 3.—Field Activities Completed October 2001 Task 4.— Prepare Report of Finding and Conclusions January 2002 Task 5.—Final Report Submitted April 2002 • Task 6. —Final Report to OCSD June 2002 • • Exhibit D Water Conservation - Best Management Practices • • EXHIBIT I OF THE MOU Adopted September 30, 1997 California Urban Water Conservation Council 455 Capitol Mall, Suite 705 Sacramento, CA 95814 Phone: 916-552-5885 Fax: 916-552-2931 September 30, 1997 1 0 BMP1 • WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Implementation Implementation shall consist of at least the following actions: a) Develop and implement a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers. b) Directly contact via letter or telephone not less than 20% of single-family residential customers and 20% of multi-family residential customers each reporting period. c) Surveys shall include indoor and outdoor components, and at minimum shall have the following elements: Indoor i) Check for leaks, including toilets, faucets, and meter check ii) Check showerhead flow rates, aerator flow rates, and offer to replace or recommend replacement, as necessary iii) Check toilet flow rates and offer to install or recommend installation of displacement device or direct customer to ULFT replacement program,as necessary; replace leaking toilet flapper, as necessary Outdoor iv) Check irrigation system and timers v) Review or develop customer irrigation schedule Recommended but not required vi) Measure currently landscaped area vii)Measure total irrigable area d) Provide customer with evaluation results and water saving recommendations; leave information packet with customer. e) Track surveys offered, surveys completed, survey results, and survey costs. . BMP 1 , • WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL • AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1 998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. d) The coverage requirement for this BMP, as specified in Section C of this Exhibit. shall be realized within 10 years of the date implementation was to commence. Coverage Requirements a) Not less than 15%of single-family residential accounts to receive water use surveys within 10 years of the date implementation was to commence. b) Not less than 15% of multi-family residential units to receive water use surveys within 10 years of the date implementation was to commence. Requirements for Documenting BMP Implementation a) Number of single-family residential accounts in service area. b) Number of multi-family residential accounts in service area. c) Number of single-family residential surveys offered during reporting period. d) Number of single-family residential surveys completed during reporting period. e) Number of multi-family residential surveys offered during reporting period. f) Number of multi-family residential surveys completed during reporting period. - 1 - • BMP ar WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Criteria to Determine BMP Implementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has directly contacted not less than 20% of single-family residential accounts and 20% of multi-family residential units during period being reported. c) Agency is on schedule to complete surveys for 15% of single-family residential accounts and 15% of multi-family units within 10 years of the date implementation was to commence. Agencies will receive credit against the coverage requirement for previously completed residential water use surveys according to the following schedule:' % Credit Before 1990 0.0% 1990 12.5% 1991 25.0% 1992 37.5% 1993 50.0% 1994 62.5% 1995 75.0% 1996 87.5% 1997 100.0% d) Agencies will be considered on track if the percent of single-family accounts and the percent of multi-family accounts receiving water use surveys equals or exceeds the following: 1.5% by end of first reporting period following date implementation to commence: 3.6% by end of second reporting period: 6.3% by end of third reporting period: 9.6% by end of fourth reporting period: and 13.5% by end of fifth reporting period. • In its study "What is the Reliable Yield from Residential Home Water Survey Programs: The Experience of LADWP' (AWWA Conf. Proceedings. 1995). A K N Technical Services. Inc., found that the average level of savings from home water surveys decreased over time, reaching about 50% of initial yield by the fourth year following the survey, on average. The above decay schedule used for crediting past surveys utilizes these findings to recognize and account for the limited persistence of water savings over time from home water use - 3 - BMP1 i WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Water Savings Assumptions Pre-1980 Post-1980 Construction Construction Low-flow showerhead retrofit 7.1 gcd 2.9 ecd Toilet retrofit(five year life) 1.3 gcd 0.0 gcd Leak repair 0.5 gcd 0.5 gcd Landscape survey(outdoor use reduction) 10% 10% surveys. -4 - • BMP2 RESIDENTIAL PLUMBING RETROFIT Implementation Implementation shall consist of at least the following actions: a) Identify single-family and multi-family residences constructed prior to 1992. Develop a targeting and marketing strategy to distribute or directly install high- quality, low-flow showerheads (rated 2.5 gpm or less), toilet displacement devices (as needed). toilet flappers (as needed) and faucet aerators (rated 2.2 gpm or less) as practical to residences requiring them. b) Maintain distribution and/or direct installation programs so that devices are distributed to not less than 10%of single-family connections and multi-family units each reporting period, or require through enforceable ordinance the replacement of high-flow showerheads and other water using fixtures with their low-flow counterparts, until it can be demonstrated in accordance with Section E of this Exhibit that 75% of single-family residences and 75% of multi-family units are fitted with high-quality, low-flow showerheads. c) Track the type and number of retrofits completed. devices distributed. and program costs. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU-after December 31, 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting the distribution and/or installation of high-quality. low-flow plumbing devices to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. d) An agency may elect to discontinue its device distribution programs without filing a formal budget or cost-effectiveness exemption when it can demonstrate that 75% of its single-family residences and 75% of its multi-family units constructed prior to 1992 are fined with high-quality, low-flow showerheads. - t BMP 2 • RESIDENTIAL PLUMBING RETROFIT Coverage Requirements a) Plumbing device distribution and installation programs to be maintained at a level sufficient to distribute high-quality, low-flow showerheads to not less than 10% of single-family residences and 10% of multi-family units constructed prior to 1992 each reporting period; or the enactment of an enforceable ordinance requiring the replacement of high-flow showerheads and other water use fixtures with their low- flow counterparts. b) Plumbing device distribution and installation programs to be operated until it can be demonstrated in accordance with Section E of this Exhibit that 75% of single-family residences and 75% of multi-family units are fitted with high-quality, low-flow showerheads. Requirements for Documenting BMP Implementation a) The target population of pre-1992 single-family residences and multi-family units to be provided showerheads and other water saving devices. b) The number of showerhead retrofit kits distributed during previous reporting period. c) The number of device retrofits completed during the previous reporting period. d) The estimated percentage of pre-1992 single-family residences and multi-family units in service area fitted with low-flow showerheads. Criteria to Determine BMP Implementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has tracked the type and number of retrofits completed, devices distributed, and program costs. BMP 2 RESIDENTIAL PLUMBING RETROFIT c) Agency EITHER i) has distributed or directly installed high-quality, low-flow showerheads and other low-flow plumbing devices to not less than 10% of single-family residences and 10% of multi-family units constructed prior to 1992 during the reporting period: and/or has enacted an ordinance requiring the replacement of high-flow showerheads and other water use fixtures with their low-flow counterparts. OR ii) can demonstrate through customer surveys with 95% statistical confidence and a ±10% error that 75% of single-family residences and 75% of multi-family units constructed prior to 1992 are fitted with low-flow showerheads. Water Savings Assumptions Pre-1980 Post-1980 Construction Construction Low-flow showerhead retrofit 7.2 gcd 2.9 gcd Toilet retrofit(five year life) 1.3 gcd 0.0 gcd - 3 - • BMP3 • SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR Implementation Implementation shall consist of at least the following actions: a) Annually complete a prescreening system audit to determine the need for a full-scale system audit. The prescreening system audit shall calculated as follows: i) Determine metered sales; ii) Determine other system verifiable uses; iii) Determine total supply into the system; iv) Divide metered sales plus other verifiable uses by total supply into the system. If this quantity is less than 0.9, a full-scale system audit is indicated. b) When indicated, agencies shall complete water audits of their distribution systems using methodology consistent with that described in AWWA's "Water Audit and Leak Detection Guidebook." c) Agencies shall advise customers whenever it appears possible that leaks exist on the customer's side of the meter; perform distribution system leak detection when warranted and cost-effective; and repair leaks when found. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. Coverage Requirements a) Agency shall maintain an active distribution system auditing program. b) Agency shall repair identified leaks whenever cost-effective. BMP3 SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR Requirements for Documenting BMP Implementation a) Prescreening audit results and supporting documentation; b) Maintain in-house records of audit results or the completed AWWA Audit Worksheets for each completed audit period. Criteria to Determine BMP Implementation Status a) Agency has annually completed a pre-screening distribution system audit. b) Agency has conducted a full system audit consistent with methods described by AWWA's "Manual of Water Supply Practices, Water Audits and Leak Detection" whenever indicated by a pre-screening audit. Water Savings Assumptions Unaccounted water losses assumed to be no more than 10% of total water into the water supplier's system. - BMP4 METERING WITH COMMODITY RATES FOR ALL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS Implementation Implementation shall consist of at least the following actions: a) Requiring meters for all new connections and billing by volume of use b) Establishing a program for retrofitting existing unmetered connections and billing by volume of use. c) Identifying infra- and inter-agency disincentives or barriers to retrofitting mixed use commercial accounts with dedicated landscape meters, and conducting a feasibility study to assess the merits of a program to provide incentives to switch mixed use accounts to dedicated landscape meters. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) A plan to retrofit and bill by volume of use existing unmetered connections to be completed by end of the first reporting period following the date implementation was to commence. d) A feasibility study examining incentive programs to move landscape water uses on mixed-use meters to dedicated landscape meters to be completed by end of the first reporting period following the date implementation was to commence. Coverage Requirements 100% of existing unmetered accounts to be metered and billed by volume of use within 10 years of date implementation was to commence. BMP4 S METERING WITH COMMODITY RATES FOR ALL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS Requirements for Documenting BMP Implementation a) Confirmation that all new connections are metered and are being billed by volume of use. b) Number of unmetered accounts in the service area. For the purposes of evaluation. this shall be defined as the baseline meter retrofit target. and shall be used to calculate the agencies minimum annual retrofit requirement. c) Number of unmetered connections retrofitted during the reporting period. d) Number of CII accounts with mixed-use meters. e) Number of CII accounts with mixed-use meters retrofitted with dedicated irrigation meters during reporting period. Criteria to Determine BMP Implementation Status a) Agency with existing unmetered connections has completed a meter retrofit plan by end of first reporting period following the date implementation was to commence. b) Agency has completed a feasibility study examining incentive programs to move landscape water uses on mixed-use meters to dedicated landscape meters by end of first reporting period following the date implementation was to commence. c) Agency with existing urunetered connections is on track to meter these connections within 10 years of the date implementation was to commence. An agency will be considered on track if the percent of unmetered accounts retrofitted with meters equals or exceeds the following: 10% by end of first reporting period following date implementation to commence; 24% by end of second reporting period; 42% by end of third reporting period; 64% by end of fourth reporting period; and 90% by end of fifth reporting period. Water Savings Assumptions Assume meter retrofits will result in a 20% reduction in demand by retrofitted accounts. BMP 5 a ' • LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES Implementation Implementation shall consist of at least the following actions: Customer Support, Education and Assistance a) Agencies shall provide non-residential customers with support and incentives to improve their landscape water use efficiency. This support shall include. but not be limited to, the following: Accounts with Dedicated Irrigation Meters a) Identify accounts with dedicated irrigation meters and assign ETo-based water use budgets equal to no more than 100% of reference evapotranspiration per square foot of landscape area in accordance with the schedule given in Section B of this Exhibit. b) Provide notices each billing cycle to accounts with water use budgets showing the relationship between the budget and actual consumption in accordance with the schedule given in Section B of this Exhibit; agencies may choose not to notify customers whose use is less than their water use budget. Commercial/Industrial/Institutional Accounts with Mixed-Use Meters or Not Metered a) Develop and implement a strategy targeting and marketing large landscape water use surveys to commercial/industrial/institutional (CII) accounts with mixed-use meters. Each reporting period, directly contact via letter or telephone not less than 20% of CII accounts with mixed-use meters and offer water use surveys. (Note: CII surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) b) Unmetered service areas will actively market landscape surveys to existing accounts with large landscapes, or accounts with landscapes which have been determined by the purveyor not to be water efficient. c) Offer the following measures when cost-effective: i) Landscape water use analysis/surveys ii) Voluntary water use budgets iii) Installation of dedicated landscape meters 0 BMP 5 S • LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES iv) Training (multi-lingual where appropriate) in landscape maintenance, irrigation system maintenance, and irrigation system design. v) Financial incentives to improve irrigation system efficiency such as loans. rebates. and grants for the purchase and/or installation of water efficient irrigation systems. vi) Follow-up water use analyses/surveys consisting of a letter, phone call, or site visit where appropriate d) Survey elements will include: measurement of landscape area: measurement of total irrigable area; irrigation system check, and distribution uniformity analysis; review or develop irrigation schedules, as appropriate; provision of a customer survey report and information packet. e) Track survey offers, acceptance, findings, devices installed, savings potential, and survey cost. New or Change of Service Accounts Provide information on climate-appropriate landscape design, efficient irrigation equipment/management to new customers and change-of-service customer accounts. Recommended a) Install climate appropriate water efficient landscaping at water agency facilities. and dual metering where appropriate. b) Provide customer notices prior to the start of the irrigation season alerting them to check their irrigation systems and make repairs as necessary. Provide customer notices at the end of the irrigation season advising them to adjust their irrigation system timers and irrigation schedules. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. eel • BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES c) Develop ETo-based water use budgets for all accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. d) Develop and implement a plan to target and market landscape water use surveys to CII accounts with mixed-use meters by the end of the first reporting period from the date implementation was to commence. e) Develop and implement a customer incentive program by the end of the first reporting period from the date implementation was to commence. Coverage Requirements a) ETo-based water use budgets developed for 90% of CII accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. b) Not less than 20% of CII accounts with mixed-use meters contacted and offered landscape water use surveys each reporting period. c) Irrigation water use surveys completed for not less than 15% of CII accounts with mixed-use meters within 10 years of the date implementation was to commence. (Note: CII surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) Requirements for Documenting BMP Implementation Dedicated Landscape Irrigation Accounts Agencies shall preserve water use records and budgets for customers with dedicated landscape irrigation accounts for a period of not less than two reporting periods. This information may be used by the CUWCC to verify the agency's reporting on this BMP a) Number of dedicated irrigation meter accounts. b) Number of dedicated irrigation meter accounts with water budgets. c) Aggregate water use for dedicated landscape accounts with budgets. d) Aggregate budgeted water use for dedicated landscape accounts with budgets. BMP 5 S , LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES Mixed Use Accounts a) Number of mixed use accounts b) Number, type, and dollar value of incentives, rebates, and no, or low interest loans offered to, and received by. customers. c) Number of surveys offered d) Number of surveys accepted e) Estimated annual water savings by customers receiving surveys and implementing recommendations. Criteria to Determine BMP Implementation Status a) Agency has developed water use budgets for 90% of accounts with dedicated irrigation meters by end of second reporting period from date implementation was to commence. b) Agency has implemented irrigation water use survey program for CII accounts with mixed-use meters. and directly contacts and offers surveys to not less than 20% of accounts each reporting period. (A program to retrofit mixed-use accounts with dedicated landscape meters and assigning water use budgets. or a program giving mixed-use accounts ETo-based budgets for irrigation uses satisfies this criterion.) c) Agency is on track to provide water use surveys to not less than 15%of CII accounts with mixed-use meters within 10 years of the date implementation was to commence. Agency may credit 100% of the number of landscape water use surveys for CII accounts with mixed-use meters completed prior to July.1, 1996,that have received a follow-up inspection against the coverage requirement and 50% of surveys that have not received follow-up inspections. Agency may credit 100% of the number of landscape water use surveys completed for CII accounts with mixed-use meters after July 1, 1996 against the coverage requirement. (A program to retrofit mixed-use accounts with dedicated landscape accounts. or a program giving mixed-use accounts ETo-based budgets for irrigation uses satisfy this criterion.) d) An agency will be considered on track if the percent of CII accounts with mixed-use meters receiving a landscape water use survey equals or exceeds the following: 1.5% by end of first reporting period following date implementation to commence; 3.6% by end of second reporting period; 6.3% by end of third reporting period; 9.6% by end of fourth reporting period; and 13.5% by end of fifth reporting period. (A program to retrofit mixed-use accounts with dedicated landscape accounts, or a program giving mixed-use accounts ETo-based budgets for irrigation uses satisfy this criterion.) - a- • BMP5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES e) Agency has implemented and is maintaining customer incentive program(s) for irrigation equipment retrofits. Water Savings Assumptions Assume landscape surveys will result in a 15% reduction in demand for landscape uses by surveyed accounts. • BMP6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS Implementation Implementation shall consist of at least the following actions: CUWCC Actions and Responsibilities a) Within 6 months from the adoption of this BMP, the Council will develop interim estimates of reliable water savings attributable to the use of high-efficiency washing machines based on the results of the THELMA Study and other available data. Water purveyors may defer implementing this BMP until the Council has adopted these interim estimates. b) Within two years from the adoption of this BMP. the Council will complete studies quantifying reliable savings attributable to the use of high-efficiency washing machines. c) At the end of two years following the adoption of this BMP, the Council will appoint a committee to evaluate the effectiveness of triggering high-efficiency washing machine financial incentive programs operated by MOU signatories with programs operated by energy service providers. This committee will consist of 2 group 1 representatives, 2 group 2 representatives, and the CUWCC Administrator or Executive Director or his/her designee. This BMP will be modified by the appointed committee to require agencies to implement financial incentive programs for high- efficiency washing machines whenever cost-effective and regardless of the absence of a program operated by an energy service provider if the committee concludes from available evidence the following: • the CUWCC has verified that significant water savings are available from high- efficiency washing machines; • there is widespread product availability; and • financial incentive programs offered by energy service providers in California have either not materialized, been largely discontinued or significantly scaled back. Water Purveyor Responsibilities a) In conjunction with the CUWCC. support local. state. and federal legislation to improve efficiency standards for washing machines. 1� BMP6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS b) If an energy service provider or waste water utility within the service territory is offering a financial incentive for the purchase of high-efficiency washing machines. then the water agency shall also offer a cost-effective financial incentive based on the marginal benefits of the water savings. Incentive levels shall be calculated by using methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA, CUWCC, and US EPA. February 1994. A water purveyor is not required to implement a financial incentive program if the maximum cost-effective rebate is less than $50. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July I of the second year following the year the agency signed or became subject to the MOU. Coverage Requirements Cost-effective customer incentive for the purchase of high-efficiency washing machine offered if incentives are being offered by local energy service providers or waste water utility. Requirements for Documenting BMP Implementation a) Customer incentives to purchase high-efficiency washing machines being offered by local energy service providers, if any. b) Customer incentives to purchase high-efficiency washing machines being offered by agency, if any. • • BMP 6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS Criteria to Determine BMP Implementation Status a) Agency has determined if energy service providers or waste water utilities operating within service territory offer financial incentives for the purchase of high-efficiency washing machines. b) If energy service provider or waste water utility operating within agency's service territory is offering financial incentives, agency has calculated cost-effective customer incentive using methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA, CUWCC. and US EPA, February 1994. and is offering this incentive to customers in service territory. Water Savings Assumptions Not quantified at this time • BMP 7 PUBLIC INFORMATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a public information program to promote water conservation and water conservation related benefits. b) Program should include, but is not limited to, providing speakers to employees, community groups and the media; using paid and public service advertising; using. bill inserts; providing information on customers' bills showing use in gallons per day for the last billing period compared to the same period the year before; providing public information to promote water conservation practices; and coordinating with other government agencies, industry groups, public interest groups. and the media. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agencies shall maintain an active public information program to promote and educate customers about water conservation. Requirements for Documenting BMP Implementation a) Number of public speakine events relating to conservation during reporting period b) Number of media events relating to conservation during reporting period. c) Number of paid or public service announcements relating to conservation produced or sponsored during reporting period. d) Types of information relating to conservation provided to customers. e) Annual budget for public information programs directly related to conservation. BMP 7 UBLIC INFORMATION PROGRAMS Criteria to Determine BMP Implementation Status Agency has implemented and is maintaining a public information program consistent with BMP 7's definition. Water Savings Assumptions Not quantified. IBMP 8 SCHOOL EDUCATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a school education program to promote water conservation and water conservation related benefits. • b) Programs shall include working with school districts and private schools in the water suppliers' service area to provide instructional assistance, educational materials, and class-room presentations that identify urban, agricultural, and environmental issues and conditions in the local watershed. Education materials shall meet the state education framework requirements. and grade appropriate materials shall be distributed to grade levels K-3, 4-6, 7-8, and high school. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agencies shall maintain an active school education program to educate students in agencies' service areas about water conservation and efficient water uses. Requirements for Documenting BMP Implementation a) Number of school presentations made during reporting period. b) Number and type of curriculum materials developed and/or provided by water supplier. including confirmation that curriculum materials meet state education framework requirements and are grade-level appropriate. BMP 8 S SCHOOL EDUCATION PROGRAMS c) Number of students reached. d) Number of in-service presentations or teacher's workshops conducted during reporting period. e) Annual budeet for school education programs related to conservation. Criteria to Determine BMP Implementation Status Agency has implemented and is maintaining a school education program consistent with BMP 8's definition. Water Savings Assumptions Not quantified. BMP 9 I CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS Implementation • Implementation shall consist of at least the following actions: a) Identify and rank commercial. industrial, and institutional customers according to use. For purposes of this BMP, commercial, industrial, and institutional customers are defined as follows: Commercial Customers: any water use that provides or distributes a product or service, such as hotels, restaurants, office buildings. commercial businesses or other places of commerce. These do not include multi-family residences, agricultural users, or customers that fall within the industrial or institutional classifications. Institutional Customers: any water-using establishment dedicated to public service. This includes schools, courts, churches, hospitals, and government facilities. All facilities serving these functions are to be considered institutions regardless of ownership. Industrial Customers: any water users that are primarily manufacturers or processors of materials as defined by the Standard Industrial Classifications (SIC) Code numbers 2000 through 3999. b) Within one year of the adoption of this BMP, the CUWCC shall establish long-term implementation targets for the replacement of high-water-using toilets with ULFTs in the CII sector. Implementation targets will be based on the findings of the CUWCC CII ULFT Water Savings Study. EITHER c) Implement a CII water-use survey and customer incentives program in accordance with the description below. OR d) Achieve water use reductions in the CII equaling or exceeding the targets described below. CII Water Use Survey and Customer Incentives Program Develop a customer targeting and marketing strategy to provide water use surveys and customer incentives to commercial, industrial, and institutional accounts. Directly contact (via letter. telephone, or personal visit) and offer water use surveys and customer incentives to at least 10% of commercial, industrial, and institutional accounts on a repeating basis. Water use surveys must include a site visit, an evaluation of all water- BMP 9 S • CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS using apparatus and processes. and a customer report identifying recommended efficiency measures. their expected payback, and available agency incentives. Within one year of a completed survey, follow-up via phone or site visit with customer regarding. facility water use and water saving improvements. Track customer contacts. customers receiving surveys, follow-ups, and measures implemented. The method for crediting water use surveys completed prior to the revision of this BMP is described in Section E of this Exhibit. CII Conservation Performance Targets Implement programs to reduce water use by commercial, industrial, and institutional accounts by an amount equal to 10% of baseline use of commercial, industrial. and institutional accounts in the agency's service area over a ten year period. The method for calculating water savings is described in Section E of this exhibit. Baseline use is defined as the use by commercial, industrial. and institutional accounts in 1989. Water purveyors may justify to the CUWCC the use of an alternative baseline year. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) The coverage requirement for this BMP. as specified in Section C of this Exhibit, shall be realized within 10 years of the date implementation was to commence. Coverage Requirements CII Water Use Survey and Customer Incentives Program 10% of commercial, industrial, and institutional customers to accept a water use survey within 10 years of the date implementation is to commence. BMP 9 I CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CII Conservation Performance Targets Reduce water use by commercial. industrial, and institutional customers by an amount equal to 10% of the use of baseline commercial, industrial, and institutional water use within 10 years of the date implementation is to commence. Requirements for Documenting BMP Implementation The number of customers and amount of water use within the commercial, industrial. and institutional customer classes. CII Water Use Survey and Customer Incentives Program a) The number of commercial, industrial, and institutional customers offered water use surveys during the reporting period. b) The number of new water use surveys completed during the reporting period. c) The number of follow-ups completed during the reporting period. d) The type and number of water saving recommendations implemented. e) Incentive program budget and customer outlays. CII Conservation Performance Targets The estimated reduction in water use by commercial, industrial, and institutional accounts due to agency programs, interventions, and actions. Agencies must document how savings were realized and the method and calculations for estimating savings. Criteria to Determine BMP Implementation Status Agency has identified and ranked by water use its commercial, industrial, and institutional accounts. BMP 9 f CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CII Water Use Survey and Customer Incentives Program a) Agency has developed and implemented a strategy targeting and marketing water use surveys to commercial, industrial, and institutional accounts by the end of the first reporting period following the date implementation is to commence. b) Agency is on schedule to complete surveys for 10%of commercial accounts. 10% of industrial accounts, and 10% of institutional accounts within 10 years of the date implementation is to commence. Agencies may credit 50%of the number of surveys completed prior to July 1. 1996 that have not received follow-up verification of implementation, and 100% of the number of surveys completed prior to Juiy 1, 1996 that have received a follow-up survey. Agencies may credit 100% of the number of surveys completed after July 1, 1996 against the coverage requirement. c) Agencies will be considered on track if the percent of commercial, industrial, and institutional accounts receiving a water use survey equals or exceeds the following: 0.5% by end of first reporting period following date implementation is to commence; 2.4% by end of second reporting period; 4.2% by end of third reporting period; 6.4% by end of fourth reporting period; and 9.0% by end of fifth reporting period. CII Conservation Performance Targets a) Agency is on schedule to reduce water use by commercial, industrial, and institutional accounts by an amount equal to 10% of baseline use (as defined in Section A of this Exhibit) for commercial, industrial, and institutional accounts within 10 years of the date implementation is to commence. b) Agencies will be considered on track if estimated savings as a percent of baseline water use equals or exceeds the following: 0.5% by end of first reporting period following date implementation is to commence; 2.4% by end of second reporting period; 4.2% by end of third reporting period; 6.4% by end of fourth reporting period; and 9.0% by end of fifth reporting period. c) Credited water savings must be realized through agency actions performed to increase water use efficiency within the CII sector. Agencies may credit 100%of estimated annual savings of interventions since 1991 that have been site verified. and 25%of estimated annual savings of interventions that have not been site verified. d) Agencies may claim the estimated savings for regulations, ordinances, or laws intended to increase water use efficiency by the CII sector, subject to the review and approval of the savings estimates by the CUWCC. To avoid double counting, agencies justifying savings on the basis of rate structure changes may not claim savings from any other actions undertaken by CII customers, third parties, or the agency. -4 - BMP9 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL. AND INSTITUTIONAL ACCOUNTS Combined Targets Agencies may choose different tracks for different CII customer classes, and will be considered in compliance with this BMP if they are on track to meet each applicable coverage requirement for each class. In addition, agencies may implement both tracks for a given CII customer class, and will be considered in compliance with this BMP if the percent of surveys completed and the percent of water savings realized, when added together, equals or exceeds the applicable compliance requirement. For example. at the end of the second reporting cycle an agency would be considered on track to meet the coverage requirement if the percent of surveys completed and the percent of water savings achieved, when added together, equaled or exceeded 2.4%. Agencies may combine tracks only if they make a convincing demonstration that savings attributable to counted surveys are not also included in their estimate of water savings for meeting the water savings performance track. Water Savings Assumptions Commercial water reduction results from Best Management Practices such as Interior and Landscape Water Surveys. Plumbing Codes, and Other Factors but exclude Ultra Low Flush Toilet Replacement. (Includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000: 12%. Industrial water reduction results from Best Management Practices, Waste Discharge Fee. New Technology, Water Surveys, Plumbing Codes and Other Factors, but exclude Ultra Low Flush Toilet Replacement. (Includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000: 15%. - 3 - BMP 10 9 WHOLESALE AGENCY ASSISTANCE PROGRAMS Implementation Implementation shall consist of at least the following actions: Financial Support a) Wholesale water suppliers will provide financial incentives. or equivalent resources. as appropriate and beneficial. to their retail water agency customers to advance water conservation efforts and effectiveness. b) All BMPs implemented by retail water agency customers which can be shown to be cost-effective in terms of avoided cost of water from the wholesaler's perspective, using CUWCC cost-effectiveness analysis procedures, will be supported. Technical Support Wholesale water agencies shall provide conservation-related technical support and information to all retail agencies for whom they serve as a wholesale supplier. At a minimum this requires: c) Conducting or funding workshops addressing the following topics: i) CUWCC procedures for calculating program savings, costs and cost- effectiveness. ii) Retail agencies' BMP implementation reporting requirements. iii) The technical, programmatic. strategic or other pertinent issues and developments associated with water conservation activities in each of the following areas: ULFT replacement: residential retrofits: commercial, industrial and institutional surveys: residential and large turf irrigation: and conservation-related rates and pricing. d) Having the necessary staff or equivalent resources available to respond to retail agencies' technical and programmatic questions involving CUWCC's BMPs and their associated reporting requirements. • BMP 10 WHOLESALE AGENCY ASSISTANCE PROGRAMS Program Management e) When mutually agreeable and beneficial, the wholesaler may operate all or any part of the conservation-related activities which a given retail supplier is obligated to implement under the BMP's cost-effectiveness test. The inability or unwillingness of the wholesaler to perform this function, however, in no way relieves or reduces the retailer's obligation to fully satisfy the requirements of all BMPs which are judged cost-effective from the retailer's perspective. Water Shortage Allocations Wholesale agencies shall work in cooperation with their customers to identify and remove potential disincentives to long-term conservation created by water shortage allocation policies; and to identify opportunities to encourage and reward cost-effective investments in long-term conservation shown to advance regional water supply reliability and sufficiency. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. Coverage Requirements a) Cost-effectiveness assessments completed for each BMP the agency is potentially obligated to support. The methodology used will conform to CUWCC standards and procedures. and the information reported will be sufficient to permit independent verification of the cost-effectiveness calculations and of any exemptions claimed on cost-effectiveness grounds. b) Agency avoided cost per acre-foot of new water supplies. The methodology used will conform to CUWCC standards and procedures, and the information reported will be sufficient to permit independent verification of the avoided cost calculations. 9 BMP 10 9 WHOLESALE AGENCY ASSISTANCE PROGRAMS c) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist, or to otherwise support. the implementation of BMPs. d) The total amount of verified water savings achieved by each wholesaler-assisted BMP. Requirements for Documenting BMP Implementation a) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist, or to otherwise support, the implementation of BMPs. subtotaled by BMP. b) The total amount of verified water savings achieved by each wholesaler-assisted BMP. Criteria to Determine BMP Implementation Status a) Timely and complete reporting of all information as provided for above under "Reporting and Record Keeping Requirements." b) Offering workshops covering all topics listed above under "Technical Support." c) Timely reconciliation of wholesaler and retailer BMP reports as provided for above under"BMP Reporting." Water Savings Assumptions Not quantified. • . , j BMP 11 9 • CONSERVATION PRICING Implementation Implementation methods shall be at least as effective as eliminating nonconserving pricing and adopting conserving pricing. For signatories supplying both water and sewer service, this BMP applies to pricing of both water and sewer service. Signatories that supply water but not sewer service shall make good faith efforts to work with sewer agencies so that those sewer agencies adopt conservation pricing for sewer service. al Nonconserving pricing provides no incentives to customers to reduce use. Such pricing is characterized by one or more of the following components: rates in which the unit price decreases as the quantity used increases (declining block rates):rates that involve charging customers a fixed amount per billing cycle regardless of the quantity used; pricing in which the typical bill is determined by high fixed charges and low commodity charges. b) Conservation pricing provides incentives to customers to reduce average or peak use. or both. Such pricing includes: rates designed to recover the cost of providing service; and billing for water and sewer service based on metered water use. Conservation pricing is also characterized by one or more of the following components: rates in which the unit rate is constant regardless of the quantity used (uniform rates)or increases as the quantity used increases (increasing block rates); seasonal rates or excess-use surcharges to reduce peak demands during summer months; rates based upon the long-run marginal cost or the cost of adding the next unit of capacity to the system. c) Adoption of lifeline rates for low income customers will neither qualify nor disqualify a rate structure as meeting the requirements of this BMP. CUWCC Rate Impact Study Within one year of the adoption of this BMP revision, the CUWCC shall undertake a study to determine the relative effect of conservation rate structure influence on landscape and indoor water use. The study shall develop sample areas that incorporate varying rate structure environments (e.g.. low. uniform commodity rates,: high uniform commodity rates; increasing block rates. etc.). As practical, the study shall utilize direct metering of customer end uses. and shall control for weather, climate, land use patterns. income, and other factors affecting water use patterns. If the study shows significant potential savings, as determined by a balanced committee of voting Council representatives, a revised pricing BMP containing numeric targets or other appropriate standards shall be developed for a CUWCC vote. BMP11 • CONSERVATION PRICING Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997, implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall maintain rate structure consistent with BMP 11's definition of conservation pricing Requirements for Documenting BMP Implementation a) Report annual revenue requirement by customer class for the reporting period. b) Report annual revenue derived from commodity charges by customer class for the reporting period. c) Report rate structure by customer class for water service and sewer service if provided. Criteria to Determine BMP Implementation Status Agency rate design shall be consistent with the BMP 11's definition of conservation pricing. Water Savings Assumptions Not quantified. BMP12 9 CONSERVATION COORDINATOR Implementation Implementation shall consist of at least the following actions: a) Designation of a water conservation coordinator and support staff(if necessary). whose duties shall include the following: i) Coordination and oversight of conservation programs and BMP implementation: ii) Preparation and submittal of the CUWCC BMP Implementation Report; iii) Communication and promotion of water conservation issues to agency senior management: coordination of agency conservation programs with operations and planning staff; preparation of annual conservation budget; participation in the • CUWCC. including regular attendance at CUWCC meetings: and preparation of the conservation elements of the agency's Urban Water Management Plan. b) Agencies jointly operating regional conservation programs are not expected to staff duplicative and redundant conservation coordinator positions. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall staff and maintain the position of conservation coordinator and provide support staff as necessary. BMP 12 CONSERVATION COORDINATOR Requirements for Documenting BMP Implementation a) Conservation Coordinator name, staff position, and years on job; b) Date Conservation Coordinator position created by agency; c) Number of Conservation Coordinator staff; d) Duties of Conservation Coordinator and staff. Criteria to Determine BMP Implementation Status a) Creating and staffing a Conservation Coordinator position within the agency organization. b) Providing the Conservation Coordinator with the necessary resources to implement cost-effective BMPs and prepare and submit CUWCC BMP Implementation Reports. Water Savings Assumptions Not quantified. - 2- BMP 13 • WATER WASTE PROHIBITION Implementation Implementation methods shall be enacting and enforcing measures prohibiting gutter flooding, single pass cooling systems in new connections, nonrecirculating systems in all new conveyer car wash and commercial laundry systems, and nonrecycling decorative water fountains. Signatories shall also support efforts to develop state law regarding exchange-type water softeners that would: (1) allow the sale of only more efficient. demand-initiated regenerating (DIR) models; (2) develop minimum appliance efficiency standards that (a) increase the regeneration efficiency standard to at least 3.350 grains of hardness removed per pound of common salt used; and (b) implement an identified maximum number of gallons discharged per gallon of soft water produced; (3) allow local agencies, including municipalities and special districts, to set more stringent standards and/or to ban on-site regeneration of water softeners if it is demonstrated and found by the agency governing board that there is an adverse effect on the reclaimed water or groundwater supply. Signatories shall also include water softener checks in home water audit programs and include information about DIR and exchange-type water softeners in their educational efforts to encourage replacement of less efficient timer models. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997- implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July I of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall adopt water waste prohibitions consistent with the provisions for this BMP specified in Section A of this Exhibit. BMP13 1 WATER WASTE PROHIBITION Requirements for Documenting BMP Implementation Description of water waste prohibition ordinances enacted in service area. Criteria to Determine BMP Implementation Status Agency's water waste prohibition ordinances meet the requirements of the BMP definition. Water Savings Assumptions Not quantified. BMP 14 RESID TIAL ULFT REPLACEMENT ROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implementation of programs for replacing existing high-water-using toilets with ultra- low-flush (1.6 gallons or less) toilets in single-family and multi-family residences. b) Programs shall be at least as effective as requiring toilet replacement at time of resale: program effectiveness shall be determined using the methodology for calculating water savings in Exhibit 6 of this MOU. After extensive review, on July 30 1992,the Council adopted EXHIBIT 6, "ASSUMPTIONS AND METHODOLOGY FOR DETERMINING ESTIMATES OF RELIABLE SAVINGS FROM THE INSTALLATION OF ULF TOILETS." EXHIBIT 6 provides a methodology for calculating the level of effort required to satisfy BMP 13. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall • commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. c) The coverage requirement for this BMP, as specified in Section C of this Exhibit, shall be realized within 10 years of the date implementation was to commence. Coverage Requirements Water savings from residential ULFT replacement programs to equal or exceed water savings achievable through an ordinance requiring the replacement high-water-using toilets with ultra-low-flow toilets upon resale, and taking effect on the date implementation of this BMP was to commence and lasting ten years. BMP 14 RESIDENTIAL ULFT REPLACEMENT PROGRAMS Requirements for Documenting BMP Implementation a) The number of single-family residences and multi-family units in service area constructed prior to 1992. b) The average number of toilets per single-family residence; the average number of toilets per multi-family unit. c) The average persons per household for single-family residences; the average persons per household for multi-family residences. d) The housing resale rate for single-family residences in service area; the housing resale rate for multi-family residences in service area. e) The number of ULFT installations credited to the agency's replacement program, by year. f) Description of ULFT replacement program g) Estimated cost per ULFT replacement h) Estimated water savings per ULFT replacement NOTE: The following strike-out information now appears as Section G. - Criteria to Determine BMP Implementation Status Calculated ULFT replacement program water savings at the end of each reporting period are within 10% of calculated retrofit-on-resale water savings, using Exhibit 6 methodology and water savings estimates. Water Savings Assumptions See Exhibit 6. - 2 - • • AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0020 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0020, is made and entered into, to be effective this I I day of ajaa_, 2001, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District" AND CITY OF SEAL BEACH, hereinafter referred to as "Agency". RECITALS WHEREAS, on August 23, 2000, District entered into a Cooperative Projects Program Contract ("Original Contract") with Agency, in connection with. District's Cooperative Projects Program; and ' WHEREAS, the term of the Contract is from the date of contract execution by both parties, through completion of the project, or June 30, 2001, whichever occurs first; and WHEREAS, the Original Contract with Agency will expire prior to the project's completion; and WHEREAS, District and Agency desire to extend the term of the Original Contract for an additional six (6) months, in order to allow Agency to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its project. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: 1 Section 1: Section 4 of the Original Agreement dated August 23, 2000, is hereby amended to read as follows: "The term of this Contract shall be extended for a additional six (6) months from the original project completion date, up to and including December 31, 2001. Requests for reimbursement must be received by January 31, 2002. Any extension beyond six (6) • months, shall be approved by District's Board of Directors." Section 2: Except as modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be duly executed on their behalf by their authorized representatives. ORANGE • 'NN Y T• ON DISTRICT By / Blake P. Anderson, General Manager APPROVED AS TO FORM: THOMAS L. WOODRUFF GENE;y L COUNSEL By . G-41 A • CITY OF LS-GAL BEACH By � BA EACH Title .1/ C; ty Manager APPROVED AS TO FORM: 1/ C:\FileNetWIP\J-73 Coop Prot Cont No. 0020 Amend No. 1 8-7-01.doc 2 • `OJNVV SAN/r4).,0 ��e •ORANGE COUNTY SANITATIO DISTRICT noir ria { `�� October 10, 2001 phone: (714)962-2411 fax: Doug Dancs [714]962-0356 City of Seal Beach www.ocsd.com 211 Eigth Street mailing address: P.O. Box 8127 Seal Beach, CA 90740-6379 Fountain Valley,CA 92728-8127 street address: Qi !t 1C(`"-• /`,-.....t....t i.,n Drr;nnfc Drnnrorn 10844 Ellis Avenue vvD..�... . i,,svj.:.:iuu.o L....., . y..,.... Fountain Valley,CA Contract No. 0020 Amendment No. 1 92708-7018 Member Agencies Enclosed is a copy of executed Cooperative Projects Program Contract No. • 0020 Amendment No. 1 for your files. The enclosed amendment extends the Cities completion date from June 30, 2001 to December 31 , 2001 and the overall Anaheim project completion date including submission of all project deliverables and Brea / requests for reimbursement to January 31 , 2002. Buena Park Cypress Fountain Valley \ Please be advised that any further requests for a contract extension will Fullerton Garden Grove require Board of Directors approval. Huntington Beach Irvine La Habra I If you have any questions, please contact Pamela Koester at (714) 593-7379. La Palma / Los Alamitos Newport Beach \ / Orange I 4,.Placentia /Santa Ana ►� a,■ Seal Beach` Stanton Blake P. Anderson Villa TuPastin rk General Manager Yorba Linda County of Orange BPA:PK:jo EDMS:003727406 Sanitary Districts Enclosure Costa Mesa 1 Midway City \ . water Districts Irvine Ranch /\1 1 To maintain world-class leadership in wastewater and water resource management. D. C. • emu.{z-fit).. 4- .a�c • �. /a/DK/DS AMENDMENT NO. 3 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0117 THIS AMENDMENT NO. 3 to COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0117, is made and entered into, to be effective this/1/ day of idediah,2003, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT"; AND CITY OF SEAL BEACH, hereinafter referred to as "AGENCY". RECITALS WHEREAS, on October 24, 2001, DISTRICT entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with DISTRICT's Cooperative Project Program; and WHEREAS, on May 27, 2002, DISTRICT and AGENCY executed Amendment No. 1 to Cooperative Projects Program Contract, for purposes of extending the completion date in the Original Contract an additional six (6) months, up to and including November 29, 2002; and WHEREAS, ON July 2, 2003, DISTRICT and AGENCY executed Amendment No. 2 to Cooperative Projects Program Contract, for purposes of extending the completion date in Amendment No. 2 an additional six (6) months, up to and including May 30, 2003: and 1 • • WHEREAS, the terms and conditions of both the Original Contract, Amendment No. 1 and Amendment No. 2 will expire prior to the Project completion; and WHEREAS, DISTRICT and AGENCY mutually desire to further extend the term of the Original Contract, Amendment No. 1 and Amendment No. 2, to allow AGENCY to complete the Project; and WHEREAS, pursuant to the terms of the Original Contract, any extension beyond eighteen (18) months may only be approved by DISTRICT's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended for an additional six (6) months from the Project completion date in Amendment No. 2, up to and including November 28, 2003 unless terminated earlier as provided for in Paragraph 6 of the Original Contract. All Project deliverables and requests for reimbursement must be received by District by December 26, 2003. Section 2: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. // // // // 2 • • IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to Cooperative Projects Program Contract No. 0117 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors By >4 iercA . Secretargf, Board Directors APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By • CITY OF :EA#CH By /C M(4414ocC By APPROVED AS TO FORM: T: 7 _WO i'j''y Cler AT:sa U EDMS 003757479 3 • 0 AMENDMENT NO. 2 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0117 THIS AMENDMENT NO. 2 to COOPERATIVE PROJECTS PROGRAM CONTRACT NO. CP-0117 is made and entered into, to be effective this �mc,day of 2003, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT"; AND CITY OF SEAL BEACH hereinafter referred to as "AGENCY". RECITALS WHEREAS, on October 24, 2001, DISTRICT entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with DISTRICT's Cooperative Project Program; and WHEREAS, on May 27, 2002, DISTRICT and AGENCY executed Amendment No. 1 to Cooperative Projects Program Contract, for purposes of extending the completion date in the Original Contract an additional six (6) months, up to and including November 29, 2002; and WHEREAS, the terms and conditions of both the Original Contract and Amendment No. 1 will expire prior to the Project completion; and WHEREAS, DISTRICT and AGENCY mutually desire to further extend the term of the Original Contract and Amendment No. 1, to allow AGENCY to complete the Project; and 1 • • WHEREAS, pursuant to the terms of the Original Contract, any extension beyond six (6) months may only be approved by DISTRICT's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended for an additional six (6) months from the Project completion date in Amendment No. 1, up to and including, May 30, 2003, unless terminated earlier as provided for in Paragraph 6 of the Original Contract. All Project deliverables and requests for reimbursement must be received by District by June 27, 2003. Section 2: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Cooperative Projects Program Contract No. CP-0117 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Y Secretary, Boar of Directors APPROVED AS TO FORM: By DISTRICT COUNSEL CITY OF EAL BEACH B h F Y ity Mai .ger 2 • 4J�Sy 2.1X111!! • =rr� I e •RANGE COUNTY SANITATIOISTRICT .9f�ry .XE July 15, 2003 phone: ' (714)962-2411 \ fax: \ John Bahorski n14)962-0356 City of Seal Beach www.oesd.com 211 Eighth Street mailing address: Seal Beach, CA 90740 P.O. Box 8127 Fountain Valley, CA 92726-6127 , SUBJECT: Cooperative Projects Program street address: Contract No. 0117 Amendment No. 2 10844 Ellis Avenue ■ Fountain Valley.CA 92708-7018 1 Enclosed is a copy of executed Cooperative Projects Program Contract Member Agencies No. 0117 Amendment No. 2 for your files. The enclosed amendment extends 1 ® ' the completion date from November 29, 2002 to May 30, 2003 and the overall Cities % project completion date including submission of all project deliverables and • Anaheim requests for reimbursement to June 27, 2003. Brea Buena Park Please be advised that any further requests for a contract extension will Cypress Fountain Valley require Board of Directors approval. Fullerton , Garden Grove Huntington Beach If you have any questions, please contact Pamela Koester at (714) 593-7379. Irvine La Habra La Palma Los Alamitos 1 ` Newport Beach \ Orange Placentia Santa Ana ' Corina Chaudhry Seal Beach \ Stanton Management Analyst Tustin Villa Park Yorba Linda CC:PK:sa EDMS: 003750898 County of Orange Enclosure Sanitary Districts \. Costa Mesa Midway City Water Districts Irvine Ranch • ■� To maintain world-class leadership in wastewater and water resource management. i • • Contract No. CP-01 I7 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT , WHEREAS, this contract is entered into on // 7 , 2001 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 Seal Beach (hereinafter referred to as "AGENCY") and WHEREAS. DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter—Cologne Water Quality Control Act; and WHEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit"A" (Project Description/Statement of Work)attached hereto and incorporated herein by reference, more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: I. AUDIT- AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than two years, be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE—AGENCY agrees to adopt, by its Ordinance, the Uniform Plumbing Code, 1997 Edition, as amended, including specifically but not limited to,Chapter 10 and Appendix FI, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H.° Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices(BMP)for water conservation, more particularly described in Exhibit "D" (Water Conservation —Best Management Practices) attached hereto and incorporated herein by reference. • 0 6 4. SEWER MAINTENANCE PROGRAM - The AGENCY agrees to adopt a sewer maintenance program in accordance with best management practices as defined by WEF Manual of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from the sewers in order to minimize opportunities for blockages and spills. 5. TERM -The term of this Contract is from date of contact execution by both parties through completion of the project or May 31, 2002, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by June 28, 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six(6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6) shall be approved by the DISTRICT'S Board of Directors. 6. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit"A"(Project Description/Statement of Work), and Exhibit "C"(Project Milestone Schedule)attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (I 5) days' or provide written notification of its intention to terminate this Contract with thirty(30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled—"Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. INSURANCE- Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit(general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of$2.0 million per occurrence for bodily injury, including death, personal injury, property damage,and products liability,with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. • 8. 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 expenses 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, 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. 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of Two Hundred Seventy Eight Thousand Two Hundred Eighteen Dollars ($278,218.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty(60)days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project, as set forth in Exhibit"A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits "A" (Project Description/Statement of Work), "B"(Project Cost Breakdown), and "C" (Project Milestone Schedule) of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit"A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit"B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 3 10. COMPLIANCE WITH APPLICABLE LAWS—AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 11. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 12. OWNERSHIP—Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCRIMINATION— In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment& Housing Act (Government Code Section 12900, et 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 and shall include in each such subcontract language similar to this paragraph. 14. 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. 15. NON-EFFECT OF WAIVER—AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 16. ATTORNEY'S FEES — In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 17. 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 4 or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 18. SEVERABILITY—In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 19. 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. 20. DUPLICATE EXECUTION—This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. 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. 22. PRE-CONTRACT COSTS—Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result. pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 23. NOTICES—Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary AGENCY: City of Seal Beach 21 I Eighth Street Seal Beach, CA 90740 Attn: Doug Dancs 5 • • 24. ENTIRE CONTRACT—This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: 1 'r NGE COUNTY SANIT• OP I IST' / /i;..4, s ha r, '•rd of Directo— BY: 6 gp,7 , Secret. k, Board o directors - __ - , , APPR Pi VED AS TO FORM: - _" , Of`1,J .1 6•MAS L. • ►RUFF, , TRICT COUNSEL CITY •F II•�" B AC .- BY: _ / I, " / / y Manager C.WileNetWIPV-73 Coop Proj Contract No 0117 dot; EDNIS..003726510 6 • Exhibit A Project Description/Statement of Work m • • EXHIBIT A PROJECT DESCRIPTION / STATEMENT OF WORK The City of Seal Beach has identified number of existing sewer lines in the Old Town section of the City as being significant contributors of infiltration and inflow (I/1) to the sewer system. These sewers were constructed in 1920s and are in very poor structural condition. High groundwater is prevalent throughout the City and sewers in this low- lying area are continually under the influence of ground water. (Groundwater is approximately at elevation +3.0 ft.) The City of Seal Beach is relatively flat especially in the Old Town area where there are problems with water ponding in the streets and alleys. The ponding is especially prevalent around I5`h, 16`h and 17`h Streets between Electric and Landing Ave. as well as the north side of the Electric Ave. from 13`h Street to Seal Beach Boulevard. Majority of the sewer manholes are located in the center of back alleys lying directly in the path of storm water runoff. (Reference is made to City of Seal Beach Sewer Master Plan- pages 4-1 through 4-4) Ground water enters these old sewers through the pipe wall or joints, house laterals and manhole walls as infiltration. Inflow enters the sewer system through perforated or unsealed manhole covers or other means during rainfall events. For the 2001-02 Fiscal year the City will be proposing to remove and replace the existing sewers in three selected alleys in the Old Town section to improve service conditions and to prevent I/I to the sewer system. The proposed sewers are located as follows: • Alley between 13th and 14th Street from Ocean to Electric (550 LF) • Alley between 14`h and 15th Street from Ocean to Electric (460 LF) • Alley between 15th and 16th Street from Electric to PCH (1000LF) The total length of the proposed construction is 2010 LF of sewer line. SCOPE OF WORK The scope of work includes preparation of plans and specifications and construction documents: bidding and construction administration; inspection and program management for replacement and reconstruction of sewer mains in three alleys in close proximity of the Pacific Ocean in the Old Town Section of the City of Seal Beach. These sewers were constructed approximately 70 years ago and no longer have much structural integrity. They allow large quantities of I/I, which eventually finds its way to the Orange County Sanitation District's Huntington Beach Wastewater Treatment Plant. The Proximity of these sewers to the Plant also contributes to the problem. Utilizing the criteria established by OCSD it was determined that proposed replacement of the sewer mains would prevent 4497 gallons per day of infiltration on a daily basis and 10782 gallons of inflow in a 2-year, 2-hour storm event. (See attached Calculations- Exhibit 1) • PROJECT DELIVERABLES: • Deliverables are project plans, specifications and construction documents, public bid analysis and award, construction administration and inspection reports, interim project report, and the final project report. LOCATION MAP: Locations of the alleys where proposed sewer main replacements are located are attached as Exhibit 2. • • • S Exhibit B Project Cost Breakdown • • EXHIBIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: • What is your funding contribution? $ 278,218. • When will your funding become available? Upon adoption of FY 2001-02 Budget B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT I. AGENCY funds available in FY2001-02 $ 278,218. 2. Cooperative funds requested $ 278,218. 3. Additional Project Co-Funding $ 4. Total Project Cost $ 556,436. YES NO Is the Cooperative Projects Program Funds request less than or ❑x ❑ equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less than or Ix equal to 25% of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or ❑x equal to 50%of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low ❑ ❑x interest loan and matching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the ❑x ❑ total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover ❑x ❑ ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? • • C. Please list all funding sources other than the Cooperative Projects Program: NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT I. City of Seal Beach Sewer System Revenues $ 278,218. 2. $ 3. $ 4. $ TOTAL OTHER PROJECT CO-FUNDING: $ 278,218. 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. Construct 2010 LF replacement sewer lines $ 463,696. 2. $ 3. $ 4. $ TOTAL CAPITAL EQUIPMENT COSTS: $ 463,696. DIRECT LABOR COSTS (including overhead and AMOUNT benefits): 1. Design Engineering $ 40,000. 2. Construction Inspection $ 40,000. 3. $ 4. $ TOTAL DIRECT LABOR COSTS: $ 80,000. • OTHER DIRECT LABOR COSTS, INCLUDING SUB- AMOUNT AGENCIES: 1. Consultant Program Management $ 12,740 2. $ 3. $ 4. $ TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs, i.e. % of project costs,actual cost breakdown etc.) $ 556,436. TOTAL PROJECT COST: $ Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. lM S Exhibit C Project Milestone Schedule 0 ,•,,N G CU 0 0 3 " . C n W • 3 0 U s a N W co " O O N TS 2 m W Z > V 2 op Q C d 0 `o No • 2 = Lii m m N .0 if OD v Q R 3 i - H W 0 V 0 C N U1 ++ r F V Li. I a 7 c - W p >, p/ • 7 d u 3 -, - i I a V .c d U - S • CI) o .0 - i _ SI low itt " i Ill es s rn 0,5 f, S w i W 0) y r o 0 c z a m i I s r 0 r+ U 2 c , 2 Y r , I w l 0 3 Y ._ s w � >3 ; m �i d a c.>ots 5' v� (O ! a ! m .= d I re. M a ' a ; • a+ N r o O 0 c c >, N • p ., of p . O O ! in m U U ' U `o 0 Z To N 0 a O a` 2 Y Q