HomeMy WebLinkAboutC-3786 - Memorandum of Understanding Regarding Water Conservation Best Management Practices�OV M
T
phone:
(7141962-2411
tee:
(7141962-0356
amw.ucad.com
mailing address:
PO Box 8127
Fountain Valley, CA
92728 -8127
street address:
10844 Ellis Avenue
Fountain Valley. CA
92708 -7019
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MPIN�
• ORANGE COUNTY SANITAT N DISTRICT
RECEIVED
September 13, 2006
Sp 1 5 2006
City of Newport Beach public Works Department
3300 Newport Boulevard City of Newport Beach
Newport Beach, CA 92663 -3884
Attn: Stephen G. Badum
SUBJECT: Cooperative Projects Program Contract No. 0502
Enclosed please find one fully- executed copy of Cooperative Projects
Contract No. 0502 for your records.
Please call me at (714) 593 -7305 if you have any questions.
LA-111 Li4c�
Angie Anderson
Senior Engineering Associate
AA:sa
EDMS: 003817086
Enclosure
To maintain world -class leadership in wastewater and water resource management.
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Contract No. CP -0502
ORANGE COUNTY SANITATION DISTRICT
COOPERATIVE PROJECTS GRANTS PROGRAM CONTRACT
RECITALS
WHEREAS, this Contract is entered into on 4(51 -�5 , 20% by and
between the Orange County Sanitation District (hereinafter referred to as "District ")
whose address is P.O. Box 8127, Fountain Valley, California 92728, and the City of
Newport Beach (hereinafter referred to as "Agency "). District and Agency shall be
individually referred to as "Party" and collectively as "Parties "; and
WHEREAS, District is a duly organized County Sanitation District, existing
pursuant to the County Sanitation District Act, California Health and Safety Code section
4700, et seq., providing for the ownership, operation, and maintenance of wastewater
collection, treatment, and disposal facilities within Orange County, California; and
WHEREAS, District implemented a Cooperative Projects Grants Program
("Program ") to co -fund projects sponsored by agencies located within District's service
area. District's Board of Directors has the authority to enter into Cooperative Projects
Grants Program contracts to implement the Program; and
WHEREAS, District's Board of Directors has authorized a contract with Agency
for the project described in Exhibit "A" (Project Description /Statement of Work,
hereinafter the "Project "), attached hereto and by reference made a part of this Contract;
and
WHEREAS, Agency has met the requirements for receipt of Cooperative Projects
Grants Program Funds as set forth in Agency's Cooperative Projects Grants Program
Application and Agency agrees to complete the Project defined herein.
NOW THEREFORE, the Parties agree as follows:
AGREEMENT
AUDIT - Agency shall at least once every year be subject to an audit by District,
or its authorized representative, to determine if the revenues received by Agency
were appropriately spent for the Project described in Exhibit "A ". Agency shall
retain all documents and records associated with the Project for a period of three
(3) years from the date of completion of the Project. District shall coordinate such
audit through Agency's audit staff.
2. WATER CONSERVATION BMP - Agency agrees to adopt the Best Management
Practices (BMP) for water conservation, more particularly described in Exhibit "D"
(Water Conservation - Best Management Practices) attached hereto and by
reference made a part of this Contract.
3. TERM - The term of this Contract is from the Contract execution date through
completion of the Project or February 29, 2008, whichever occurs first unless
terminated earlier as provided for in Paragraph 4 below. All Project deliverables
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and requests for reimbursement must be received by District by April 30, 2008.
Failure to meet this deadline will result in forfeiture of Cooperative Projects
Grants Program funding, provided, however, that in the event that Agency is
unable to complete the Project within the term required herein due to unforeseen
or unavoidable circumstances, or by mutual agreement by both Agency and
District, District may extend the term of this Contract for an additional period.
Such extension shall be made only by written agreement signed by both Parties
hereto. Extensions must be approved by District's Board of Directors, prior to
contract amendment.
4. TERMINATION - In the event that any Party fails to comply with any term or
condition of this Contract, or fails to provide the services in the manner agreed
upon by the Parties, including, but not limited to, the requirements as set forth in
Exhibit "A ", and Exhibit "C" (Project Milestone Schedule), attached hereto and by
reference made a part of this Contract, the failure shall constitute a material
breach of this Contract. The non - breaching Party shall have the sole and
exclusive option either to notify the breaching Party that it must cure this breach
within 15 days or provide written notification of its intention to terminate this
Contract upon 30 days written notice. Notification shall be provided in the
manner set forth in Paragraph 22 below. Termination shall not be the exclusive
remedy of the non - breaching Parry. The non - breaching Party shall have the right
to seek any and all remedies provided by law District may terminate this Contract
at any time, without cause, upon giving Agency thirty (30) days written notice.
Upon completion of the Project and in satisfaction of all reporting requirements
for Agency reimbursements set forth in this Contract, District shall reimburse
Agency for all incurred costs identified in Exhibit "B" up through the date of
termination of this Contract.
5. INSURANCE - Prior to the start of this Contract, Agency shall furnish evidence of
standard form of commercial or comprehensive general liability insurance with a
combined single limit per occurrence (general and automotive) of One Million
Dollars ($1,000,000.00). Agency shall maintain such coverage during the term of
this Contract and any extensions thereof. Subject to notice to and approval of
District, Agency may fulfill its insurance obligations through one of the following:
(i) self- insurance; (ii) by providing coverage through a joint powers insurance
authority (JPIA), which is duly formed under the laws of the State of California; or
(iii) utilizing a combination of self- insurance and JPIA coverage. Agency shall
require any Contractor performing services funded by this Contract to also
provide evidence of standard form commercial or comprehensive general liability
insurance for any Project requiring work to be performed in a public right -of -way.
The policy shall have a combined single limit of Two Million Dollars
($2,000,000.00) per occurrence for bodily injury, including death, personal injury,
property damage, and products liability, with Five Million Dollars ($5,000,000.00)
general policy aggregate; or, alternatively Two Million Dollars ($2,000,000.00)
aggregate separate for this Contract. Agency shall require its contractor to
maintain such coverage during the duration of the Project work. District shall be
named as an additional insured by endorsement to each liability policy referred to
herein. Each policy shall require that Agency notify District in writing, not less
than thirty (30) days in advance of any modification or termination of any such
insurance. Any modification of the insurance provided shall be subject to pre -
approval by District. If Agency, or its contractor, fails to maintain the required
• •
insurance coverage, District reserves the right to immediately terminate this
Contract or purchase such additional insurance and bill Agency or deduct the
cost thereof from any payments owed to Agency. District shall have no
obligation, however, to purchase additional insurance.
6. INDEMNIFICATION - Agency agrees to hold harmless, defend, and indemnify
District, its officers, employees, agents, representatives, and successors -in-
interest against any and all loss, damage, cost, or expense which District, its
officers, employees, agents, representatives, and successors -in- interest may
incur or be required to pay by reason of any injury or property damage caused or
incurred by Agency, its employees, contractors, sub - agency's contractors, or
agents in the performance of this Contract, including but not limited to, any
contract between Agency and any third Party for the performance of work as part
of the Project. Sub - agency means an agency, other than the Agency, that either
performs or hires contractor(s) to perform work on the Project.
7. PAYMENT
A. District shall pay Agency up to Three Hundred Twenty -Two Thousand
Seven Hundred Ten Dollars ($322,710.00) upon completion of the Project
on a reimbursement basis. Reimbursements are processed each year on
a first -in first -out basis. Once District reimbursement funds meet the
annual cap identified by the District, all remaining unpaid reimbursement
requests will be deferred for payment until the following fiscal year. Any
funds not expended upon Contract termination or completion shall revert
back to the Cooperative Projects Grants Program. Payment of charges
shall be made by District to Agency within 60 days after approval by
District of an itemized invoice prepared and furnished by Agency.
B. An invoice submitted to District for payment must be prepared in
duplicate, on Agency letterhead, and list District's Contract number,
period covered by invoice, and Agency's Employer Identification Number.
Invoices shall be submitted to: Orange County Sanitation District, P.O.
Box 8127, Fountain Valley, CA 92728 -8127. Attn: Accounts Payable
Department. Proof of Project expenditures must be provided with the
Agency invoice. As proof of Project expenditures, Agency must provide
copies of checks or warrants with corresponding invoices or purchase
orders, receipts, and labor reports. For construction projects, Agency is
required to provide to the District a copy of the check to the contractor
showing payment of final retention.
C. District funds will be distributed on a reimbursement basis after Project
completion and after receipt of all Project deliverables including proof of
Project completion and expenditures. Projects that do not reach
completion are not eligible to receive funds. District will reimburse
allowable administrative costs as stipulated in Attachment "A" and
itemized in Exhibit "B" (Project Cost Breakdown). Receipts and
documentary records are required to support reimbursement requests. for
administrative costs. Agency is responsible for submitting to District an
invoice with a summary of expenditures, complete with copies of paid
invoices and corresponding receipts and checks as proof of Project
expenditures.
D. District will not reimburse costs associated with the following: Agency
costs associated with applying for and /or securing the Program funds
from the District; any costs expended by Agency prior to the District's
approval of Agency's Program application; any costs incurred by Agency
after termination of the Contract; Agency costs for work that is not directly
associated with the Project described in the Contract documents.
E. No funds shall be paid to Agency pursuant to this Contract, until the
Project, as set forth in Exhibit "A ", is completed and proof of completion
and proof of Project expenditures are provided to District. If the Project
as described in Exhibit "A" is not completed and satisfactory proof of
completion is not provided to District, no monies shall be due and payable
to Agency. Proof of completion shall include a Final Report detailing the
work completed. District shall not reimburse Agency for expenditures
incurred by Agency outside the scope of the Project.
F. For closed circuit television monitoring ( "CCTV") projects, proof of
completion shall also include a notarized letter from the City Engineer,
Public Works Director, or City Manager affirming that the monitored
sewers were constructed in or before 1960 or meet at least one of the
following criteria:
(1) Pipe material must be clay tile or glazed clay, asbestos cement,
uncoated concrete, or Orangeburg;
(2) Joint configuration with high risk (i.e., high inflow /infiltration
potential) must be hand mortared, packed joint with oakum -
asphaltic materials, jute, or other hand packed materials; and
(3) Other high -risk materials must be approved by the District before
the Agency commences work.
(4) Sewers are located in high groundwater or in areas which show
evidence of high inflow or infiltration as determined from the
District's long -term flow monitoring.
G. For closed circuit television monitoring ( "CCTV") projects, the
methodology of evaluation, data collection, and reporting criteria used for
the National Association of Sewer Service Companies ( NASSCO)
certification shall be practiced for all CCTV evaluations. A structural pipe
rating for each sewer segment shall be assigned using the NASSCO
PACP condition grading system.
H. Additional Cooperative Projects Grants Program Funds will not be
available to fund Project cost overruns. Any Project cost overruns must
be funded from sources other than the Program.
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The reimbursed amount shall not exceed 50% of the total cost of the work
as set forth in Exhibit "A ", Exhibit "B" and Exhibit "C ", attached hereto and
incorporated into the Contract.
J. If, at the completion of the Project described in Exhibit "A ", the actual
amount of Cooperative Projects Grants Program Funds utilized in
performance of the Project is less than the projected Total Project Cost
identified in Exhibit "B ", the amount reimbursed by District shall not
exceed 50% of the actual Total Project Cost. If, at the completion of the
Project, the actual amount exceeds the projected Total Project Cost
identified in Exhibit "B ", District shall not be responsible for any additional
funds, unless a Contract Amendment has been executed by the Parties.
8. COMPLIANCE WITH APPLICABLE LAWS - Agency shall comply with all federal,
state, and local laws, ordinances, codes, and regulations and orders of public
authorities in the performance of this Contract. In any contract that Agency
issues to carry out the Project, Agency shall include a provision that requires the
contractor and any of its subcontractors to comply with all federal, state, and
local laws, ordinances, codes, and regulations and orders of public authorities in
the performance of this Contract.
9. EMPLOYEES OF AGENCY
A. With regard to Project work, Agency shall be responsible for the cost of
regular pay to its employees, as well as cost of vacation, vacation
replacement, sick leave, severance pay, and pay for legal holidays.
B. With regard to Project work, Agency shall pay all federal and state payroll
taxes for its employees and shall maintain worker's compensation and
liability insurance for each of its employees.
C. With regard to Project work, Agency, its officers, employees, agents, or
representatives shall in no manner be considered employees or agents of
District nor shall Agency, its officers, employees, agents, or
representatives be entitled to or eligible to participate in any benefits,
privileges, or plans, given or extended by District to its employees.
10. PREVAILING WAGE REQUIREMENTS - To the extent that Agency's Project is a
public works project, as defined in California Labor Code § 1720 et. seq., Agency
shall ensure that the Agency, its contractors, subcontractors, agents, or
representatives on the Project comply with all applicable federal and state laws
requiring the payment of prevailing wages.
11. OWNERSHIP - Title and full ownership rights to any products purchased or
developed under this Contract shall at all time remain with Agency.
12. NON - DISCRIMINATION - In the performance of this Contract, Agency shall not
discriminate in recruiting, hiring, promotion, demotion, or termination practices on
the basis of race, religious creed, color, national origin, ancestry, sex, age, or
physical handicap and shall comply with the provisions of the California Fair
Employment & Housing Act (Government Code Section 12900, et seq.), the
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Federal Civil Rights Act of 1964 (P.L. 88 -352) and all amendments thereto,
Executive Order No. 11246 (30 Federal Register 12319), and all administrative
rules and regulations issued pursuant to said Acts and Order. Agency shall
likewise require each sub - agency to comply with this paragraph. In any contract
that Agency issues to carry out the Project, Agency shall include a provision that
requires the contractor and any of its subcontractors to comply with the above -
mentioned federal and state laws, regulations, and orders.
13. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed,
or otherwise transferred by either Party without the written consent of the other,
and any attempt by either Party to do so shall be void upon inception.
14. NON - EFFECT OF WAIVER - Agency's or District's failure to insist upon the
performance of any or all of the terms, covenants, or conditions of this Contract,
or failure to exercise any rights or remedies hereunder, shall not be construed as
a waiver or relinquishment of the future performance of any such terms,
covenants, or conditions or of the future exercise of such rights or remedies.
15. ATTORNEYS FEES - In the event any legal proceeding or action (including
arbitration) is filed in connection with the enforcement or interpretation of this
Contract, each Party shall bear its own attorneys' fees and costs.
16. FORCE MAJEURE - Neither District nor Agency shall be liable or deemed to be
in default for any delay or failure in performance under this Contract or
interruption of services resulting, directly or indirectly, from acts of God, civil or
military authority, acts of public enemy, war, strikes, labor disputes, shortages of
suitable parts, materials, labor, or transportation, or any similar cause beyond the
reasonable control of District or Agency.
17. SEVERABILITY - In the event that any one or more of the provisions contained in
this Contract shall for any reason be held to be unenforceable in any respect by a
court of competent jurisdiction, such holding shall not affect any other provisions
of this Contract, and this Contract shall then be construed as if such
unenforceable provisions are not a part hereof.
18. HEADINGS - Headings on the paragraphs of this Contract are for convenience
and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify, or aid in the interpretation, construction, or meaning of
the provisions of this Contract.
19. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed
duplicate shall have the force and effect of an original.
20. GOVERNING LAW - This Contract shall be construed and interpreted and the
legal relations created thereby shall be determined in accordance with the laws
of the State of California. Venue or resolution of any dispute shall be Orange
County, California.
21. PRE - CONTRACT COSTS - Any costs incurred by Agency prior to District receipt
of a fully executed Contract shall be incurred solely at the risk of Agency. In the
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event that a formal contract is not executed, District shall not be liable for any
amounts expended in anticipation of a formal contract.
22. NOTICES - Any notices from either Party to the other shall be given in writing to
the attention of the persons listed below, or to other such addresses or
addressees as may hereafter be designated in writing for notice by either Party to
the other. A notice shall be deemed received when delivered, or three days after
deposit in the U.S. Mail, postage prepaid, whichever is earlier.
IF TO District: Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728 -8127
Attn: Board Secretary
IF TO Agency: City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Attn: Stephen G. Badum
23. ENTIRE CONTRACT - This Contract represents the entire agreement between
the Parties hereto with respect to the Cooperative Projects Grants Program, and
there are no understandings, representations, or warranties of any kind except as
expressly set forth herein. No waiver, alteration, or modification of any of the
provisions herein shall be binding on any Party unless in writing and signed by
the Party against whom enforcement of such waiver, alteration, or modification is
sought.
24. NO THIRD PARTY BENEFICIARIES - This Agreement is entered into by and for
District and Agency, and nothing herein is intended to establish rights or interests
in individuals or entities not a party hereto.
25. RECITALS - The Recitals above are
though fully set forth herein and each
agrees that such Party is bound, for
though set forth in full in this section.
H
H
H
hereby incorporated in this paragraph as
Party to this Contract acknowledges and
purposes of the Contract, by the same as
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IN WITNESS WHEREOF, the Parties to this Contract have caused this Contract
to be duly executed on their behalf by their authorized representatives on the date
hereinabove.
ORANGE COUNTY SAWATION DISTRICT
hair, Board of Directors
ecretary, Board of Directors.
APPROVED AS TO FORM:
BRADLEY R. HOGIN
DIST,R4,CT CO. L
CITY OF EA
By
B it A - ALIZ
APPROVED AS TO FORM:
BY ^^� a
/1A ✓O H c,
C 141-YQf N,eN - roe /'1 is.e-0,Ch
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ELMS 003810834
0
Exhibit A
Project Description /Statement of Work
• •
EXHIBIT A
Project Description/Statement of Work
April 3, 2006
1. Proleces Goals and Objectives
The goal of the project is to update the City of Newport Beach`s Sewer Master Plan that
was completed in 1996, with a significant Inflow and Infiltration Reduction Plan
component.
The 181 Reduction Plan will build up on OCSD's previous work, which identified significant
181 in portions of the City of Newport Beach's sewer collection system, install manhole
plugs in the areas prone to flooding, and assess Its success through a wet weather flow
monitoring effort. It will also involve CCTV inspection and evaluation for condition
assessment, as well as identifying infiltration problem areas. The information gathered
will be used in formulating future sewer system evaluation surveys, including smoke
testing in areas where manhole plugging does not show the desired reduction In Inflow. It
will involve CCTV inspection by the City forces and outside contractors, evaluation of the
CCTV data, complete capacity evaluation, development of a capital Improvement
program, and a financial evaluation/rate study to provide adequate funding for system
O &M, capital improvement program, and future studies to reduce I &I.
2. scope of Work
a. Project Management
b. Complete sewer GIS, prepare hydraulic model
C. Inflow /Infiltration Study
d. Criteria development
e. Capacity Assurance Plan
f. Condition assessment and sewer system rehabilitation plan Phase 1
g. Financial plan
h. Final Master Plan Report
The CCTV inspections and evaluation be performed utilizing NASSCO standards.
The work will also estimate potential reduction in inflow and infiltration based upon
Information contained In the written reports and recordings.
3. End Products and Deliverables
The end product will consist of the following:
1. Complete sewer GIS
2. Evaluation Criteria
3. Capacity Assurance Plan
4. Sewer System Rehabilitation Plan
5. Inflow and Infiltration Reduction Plan
6. Financial Plan
7. Final Master Plan Report
Copies of the deliverables will be submitted to Orange County Sanitation District as they
are completed.
4. Location of the Work Elements
Throughout the City's collection system.
P
Attachment "A"
ADMINISTRATIVE COSTS
0
Long Distance Toll Charges
All long distance toll charges incurred will be reimbursed as direct costs. Toll
charges to area codes serving Los Angeles, Orange, Riverside, and San
Bernardino Counties will not be reimbursed.
Facsimile Transmission Charges
Facsimile transmission charges will not be reimbursed, except the long distance
toll charges, as described above.
Reproduction Charges
In -house reproduction of records and documents will not be reimbursed by the
District. Use of an outside copy service for specialty items and volume
reproduction will be reimbursed at direct cost.
Overnight Mail Deliver and Messenger Service
Use of Federal Express, Express Mail, UPS, or such similarly - related service, as
well as a Messenger service, will be reimbursed at direct cost only when
necessary.
Postage
Incidental postage will not be reimbursed by District.
Printing
Use of a professional printing service will be reimbursed at actual cost.
Film Processing
Film processing will be reimbursed at actual cost.
Computer Usage
Computer use by Consultant and /or support staff will not be reimbursed.
Mileage
Per mile reimbursement will be at the current rate set by the Internal Revenue
service.
Temporary Staff
The use of outside temporary support staff will be reimbursed at direct cost with
prior approval of District.
Office Supplies
The purchase of office supplies by Agency or Agency's Consultant will not be
reimbursed.
EDMS 003809877
Exhibit B
Project Cost Breakdown
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EXHIBIT B: PROJECT COST BREAKDOWN
A. Please provide the following information regarding project funding:
•
What is your funding contribution?
$ 322,710
•
When will your funding become available?
It is available
B. Please provide the following Project Cost by Category Information:
PROJECT
COST BY FUNDING CATEGORY
AMOUNT
1.
AGENCY funds available in FY2006 -07
$ 322,710
2.
Cooperative funds requested
$ 322,710
3.
Additional Project Co-Funding
$
4.
Total Project Cost
$ 645,420
11 -* iL•]
Is the Cooperative Projects Grants Program Funds
❑
request less than or equal to 50% of the Total Proposed
Project Cost?
Is the Cooperative Projects Grants Program Funds
❑
request less than or equal to 25% of the Total Proposed
Project Cost?
Does the applicant have sufficient funds available to
❑
cover the total project cost, considering that the
Cooperative Projects Grants Program Funds are
available on a reimbursement -basis only?
Does the applicant have sufficient funds available to
❑
cover ANY costs increases, considering that increases in
the Cooperative Projects Grants Program Fund will not
be available?
0
0
C. Please list all funding sources other than the Cooperative Projects Grants
Program:
NON - COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT
1. _City of Newport Beach Sewer Fund $ 322,710
2. $
3. $
4. $
TOTAL OTHER PROJECT CO- FUNDING: $ 322,710
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, eta when defining labor
costs. Please return this page as part of your Project Application:
CAPITAL EQUIPMENT COSTS (PIPE. MANHOLE
FRAME AND COVER, ETC.1
1. $
2. $
3. $
4. $
TOTAL CAPITAL EQUIPMENT COSTS: $
DIRECT LABOR COSTS (Including overhead and
beneF
1. 760 Labor hours x170
2 1,060 Labor Hoursx140
3. 1,056 Labor hours x90
4. 700 Labor Hoursx75
5. 220 Labor hours x 79
6. 204 Labor hours x 55
TOTAL DIRECT LABOR COSTS.
$/hour = $
$/hour = $
$/hour = $
$/hour = $
$/hour = $
$/hour = $
AMOUNT
AMOUNT
129,200
148,400
95,040
52500
17,380
11,220
$ 453,740
OTHER DIRECT LABOR COSTS, INCLUDING SUB - AMOUNT
AGENCIES:
1. CCTV Inspection
$
50,000
2 Flow Monitoring.
$
69,000
3. Surveying
$
45,036
4 Manhole Plug Installation (160 Hrs at $42.93mr)
$
6,870
5. _ Expenses
$
15,000
TOTAL OTHER DIRECT LABOR COSTS: $ 185,906
ADMINISTRATIVE COSTS: 80 hours of City of
Newport Beach Utilities Engineer time at $
$72.20/hr $ 5,774
645,420
TOTAL PROJECT COST: $
Please note that the Total Prgfect Cost reflected In subsections 8 and D, above should
be consistent.
Exhibit C
Project Milestone Schedule
EXHIBIT "C"
CITY OF NEWPORT BEACH
FY 06107 Cooperative Projects Program Application
Master Plan Update
May 17, 2006
MOM
2 Evaluation of Criteria
3 Capacity Assurance Plan
5 Inflow and Infiltration Reduction Plan
C:1DOaenents end $Btf✓rjPWMfnW= WDIi.00 SetfMgslT&r4=W Mtemet Fres10LK3A" Sdred 617 -OBxfs
•
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EXHIBIT D
WATER CONSERVATION BEST MANAGEMENT PRACTICES
Approved by the City of Newport Beach City Council, July 26, 2005
The City, of Newport Beach hereby adopts and approves
(Name of Agency)
the Memorandum of Understanding Regarding Urban Water Conservation in California
(the `MOU "), as modified, and becomes a party therein in accordance with its terms.
Date July 26,2005.
By (Signature)
Name Mr. Homer Bludau
Title City Manager
Organization The City of Newport Beach
Address 3300 Newport Blvd., POB 1768
Newport Beach, CA 92658 -8915
Telephone ( 949) 644 -3000
FAX (949) 644 -3020
Email hbludau @city.newport— beach.ca.us
Web address www.city.newport— beach.ca.us
455 Capitol Mall, . Suite 703
Sammento, California 95814
PHoNE: 916/552.5885 Send completed signature page and information form to CUWCC (address at left).
Far: 9167552 -5877
EMAIL: office @cuwcc.org
WEB: www.cuwccorg
Date July 29 2005
Name of organization The City of Newport Beach
Please provide the information below that applies to your membership group.
Number of connections 26,355
Number of acre-feet sold in last business year (include
raw water and treated water but exclude recycled water) 17,639
Population served 76,500
Mission Statement To provide quality, cost effective
utility services to the community of Newport
ch.
Designated contact to Council Terresa Moritz
❑ Wholesaler
P Retailer
0 Other (please describe)
455 Capitol Mall, Suite 703
Sacramento, California 95814
PHONE: 916/552-5885
FAX: 916/552 -5877
EMAL: office @CUwccorg
WEa: WWwCUWCC.Org
Group 2 & 3 on back
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'. C--')?/1 J 0-a- "Q5
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 10
July 26, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Terresa Moritz, Management Analyst, (949) 644 -3013,
tmoritz@city.newport-beach.ca.us
SUBJECT: Memorandum of Understanding with the California Urban Water
Conservation Council for Best Management Practices
ISSUE:
Should the City become a signatory to specific Water Conservation Best Management
Practices (BMPs)?
RECOMMENDATION:
Authorize the Mayor to execute a future Memorandum of Understanding (MOU) with the
California Urban Water Conservation Council (CUWCC) regarding water conservation
Best Management Practices (BMPs).
DISCUSSION:
Background:
In 1991, the California Urban Water Conservation Council (CUWCC) was formed
through a Memorandum of Understanding (MOU) by its participating agencies.
Signatories to the MOU agree to implement a set of fourteen cost - effective Best
Management Practices (BMPs). These BMPs are recognized worldwide as a framework
for advancing the efficient use of valuable water resources. The majority of Orange
County Cities and Water Districts are signatories to the MOU.
Best Management Practices for Urban Water Conservation
In 1991, the CUWCC was created to address urban water conservation efforts. The
Council has no regulatory authority and membership and dues are voluntary. Annual
dues have been funded in the past by the Metropolitan Water District of Southern
California (MWD) and the Municipal Water District of Orange County (MWDOC).
dc
MOD with CUWCC for BMPs
July 26, 2005
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Signatories to the MOU agree to implement a set of fourteen (14) cost - effective BMPs.
1. Residential surveys
2. Residential plumbing retrofit
3. System water audits, leak detection and repair
4. Metering
5. Large landscape programs and incentives
6. High- efficiency clothes washer rebates
7. Public information programs
8. School education programs
9. Commercial, Institutional and Industrial programs
10: Wholesale agency assistance programs
11. Conservation pricing
12. Conservation Coordinator
13. Water waste prohibition
14. Residential Ultra Low Flow Toilet (ULFT) replacement programs
Each BMP has a set of specific requirements for documentation and implementation. A
water agency can exempt itself from implementing a BMP if it can show that the practice
is not cost - effective, if adequate funds are not available, or if the agency does not have
the legal authority to implement the practice. Staff has reviewed the BMPs with water
conservation staff at MWDOC.
Of the thirteen BMPs that apply to Newport Beach ( #10 applies only to wholesale
agencies like MWDOC) nine are already in place, some by virtue of programs
sponsored by MWDOC, the Orange County Sanitation District (OCSD), Orange County
Water District (OCWD) and the MWD. These are presented below.
#3 — Distribution System Audits — leak detection was performed as part of the Water
Master Plan. The City's unaccounted for water percentage is currently 7 %. As long
as this figure remains below the established threshold of 10 %, the City complies
with this BMP without any further action. At 10% or more, a full -scale system audit
is called for.
#4 — Metering — All water service connections in the City are metered.
#5 — Large Landscape Conservation Programs — MWDOC is the lead on these
programs and the City participates.
#6 — High- efficiency washing machine rebate program — MWDOC and MWD are
implementing a program.
#7 — Public Information — MWDOC provides a number of publications and other public
information efforts that supplement those distributed by the City.
MOU with CUWCC for BMPs
July 26, 2005
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#8 — School Education — MWDOC provides literature and presentations to schools
throughout its service area. The Utilities Department has participated in
presentations including the Annual Children's Water Education Festival.
#11 — Conservation Pricing — One definition of conservation pricing is "rates designed
to recover the cost of providing service." The City's rates are designed in this
fashion. In addition, the City's Finance Committee has asked that the City begin
studying a use -based tiered rate system similar to that of the Irvine Ranch Water
District (IRWD), which covers about 20% of the city.
#12 — Conservation Coordinator — The Management Analyst for the Utilities
Department has been designated as the Conservation Coordinator and has
received certification from the Califomia- Nevada Section of the American Water
Works Association (AWWA) as a Level I Water Conservation Practitioner.
#14 — Ultra Low Flow Toilet (ULFT) Program — MWDOC provides a regional rebate
program available to citizens of Newport Beach. (There are no longer "Free" Toilet
Giveaways, because the field is saturated.)
Essentially, compliance with the remaining BMPs, with the exception of #13, would
consist of participation and coordination with programs either in development or already
established by regional agencies.
Benefits
There are a number of benefits to the City becoming a signatory to the MOU:
• Current negotiations on a CALFED Bay /Delta solution indicate that the BMPs will
likely become mandatory. If this occurs, agencies that are already a signatory would
be recognized by MWD and the State Water Resources Control Board, the oversight
agency monitoring BMP implementation, and have access to the State's drought
bank.
• The City is given conservation credits by OCWD for water - conserving toilet and
showerhead replacements. For each acre foot of quantifiable conservation, OCWD
allows the City to pump an equal amount over its basin pumping percentage,
thereby saving the difference in pumped water over import water (currently about
$320 /acre foot). Or the City could opt for a recently approved direct funding program.
So, while on the surface it appears that conservation efforts would negatively impact
revenue and therefore Water Fund Reserves, the opposite is the case.
• OCSD may begin funding water conservation programs at a higher level thereby
reducing or eliminating the City's up front costs for certain programs.
Mowith CUWCC for BMPs
July 26, 2005
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• Conservation efforts for irrigation and landscaping have been shown to effectively
reduce urban runoff.
• BMP implementation is contingent upon the program being cost effective. Therefore,
any up front costs to the City for a specific program would need to be recouped and
savings demonstrated or the program would not need to be implemented.
Previous conservation efforts have been associated with periods of drought and
were therefore reactive. Adoption of the BMPs illustrates a proactive approach to
responsibly and effectively managing the City's water resources.
Based on the benefits above, we recommend that the City become a signatory to the
memorandum of understanding. Becoming a signatory simply requires the appropriate
signatures on the signature sheet of the most recent (April 8, 1998) MOU. This is then
forwarded to the CUWCC where they vote, as a formality, and accept Newport Beach
as a member.
Current signatories in Orange County are: Anaheim, East Orange County Water District,
El Toro Water District, Fountain Valley, Fullerton, Garden Grove, Huntington Beach,
Irvine Ranch Water District, Mesa Consolidated Water District, Moulton Niguel Water
District, MWDOC, OCWD, the County of Orange, OCSD, San Juan Capistrano, Santa
Ana, Southern California Water Company, South Coast Water District, Trabuco Canyon is
Water District and the Water Advisory Committee of Orange County.
Environmental Review:
Not applicable.
Funding Availability:
Annual dues for signatories in Orange County have been paid since 1998 by the
Metropolitan Water District of Southern California and the Municipal Water District of
Orange County. Should this funding be withdrawn in the future, the City would be
responsible for approximately $3,300 annually, which will be budgeted under 5500 -8303
Water Conservation, Education and Public Relations.
Prepared by:
Submitted by:
n
'1 erresa Moritz, Manage ten Analyst Dave iff Assistant City Manager
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0 0
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered into as of the
signed by the Mayor, City of Newport Beach, is,
BY AND BETWEEN
F�i'
The CITY OF NEWPORT BEACH, a
Municipal Corporation hereinafter referred to as "City".
Pelican Point Community Association, a California
corporation, hereinafter referred to as "Pelican Point ".
WITNESSETH
WHEREAS, the State Water Resources Control Board (Board) has begun an active campaign to
enforce Section III.E.1 of the Ocean Plan that requires: "Waste shall not be discharged to areas designated
as being of special biological significance ";
WHEREAS, Pelican Point received a letter on December 5, 2005 from the Board requiring Pelican
Point to request coverage under the exception process to the Ocean Plan in order to continue to discharge
dry and wet weather runoff into the Irvine Coast Area of Special Biological Significance (ASBS) and to
supply specific information by May 31, 2006 to support the Board's consideration of an exception to the
Ocean Plan for discharges to the Irvine Coast ASBS;
WHEREAS, City has created the Newport Coast Watershed Program and has initiated a number of
flow, water quality, ecological, and groundwater studies as initial planning steps toward protecting the
watershed and adjacent coastline;
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WHEREAS, City has agreed to submit relevant data to the Board relating to the Newport Beach
Marine Life Refuge ( "MLR ") ASBS and the Irvine Coast MLR ASBS and have the Mayor write a letter to
the Board stating that the City is interested in working with the Board's Exception Process for the Newport
Beach MRL ASBS and the Irvine Coast MRL ASBS provided that the City's participation leads to an
outcome within the Exception Process that is reasonable and attainable ( "City's Response ");
WHEREAS, Pelican Point desires to be included in the City's Newport Coast Watershed Program
and City's Response;
WHEREAS, Pelican Point does not have the technical expertise, financial resources and sufficient
time to prepare the specific information requested by the Board for consideration of an exception to the
10 11 Ocean Plan;
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WHEREAS, the City has provided funding and conducted flow and water quality testing that
pertains to the Pelican Point watershed area;
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
A. CITY will include the Pelican Point into its Newport Coast Watershed Program and City's
Response. The parties agree that the City, in its sole discretion, shall have the right to take action to
withdraw the City from the Board's Exception Process at any time. If the City elects to withdraw from the
Board's Exception Process, Pelican Point shall be allowed to continue with the Board's Exception Process
in its own name or withdraw from the Board's Exception Process. The parties hereto also agree that, at an)
time, Pelican Point shall have the right to request that the City withdraw Pelican Point from the Board's
Exception Process.
B. City agrees that:
In City's sole discretion, it may fund future studies and monitoring as needed to
implement all or parts of the Newport Coast Watershed Program and the associated reasonable and
attainable drainage requirements and conditions from the Board.
2. City shall use its best efforts to work with The Irvine Company (TIC) for waste and
discharge issues emanating from the golf course and TIC properties.
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C. Pelican Point agrees that:
It will comply with all reasonable and attainable mandates, conditions and
obligations set by the Board including, but not limited to, the Board Exception Process for the Newport
Coast Watershed Program.
Pelican Point shall cooperate with City staff to initiate and complete specific
reasonable and attainable measures to significantly reduce dry weather runoff flowing to the Irvine Coast
ASBS and institute reasonable and attainable measures to significantly reduce the amount of materials,
defined by the Board as harmfixl to marine life, entering the Irvine Coast ASBS, and its own cost.
Pelican Point shall be responsible for expenses associated with reducing dry- weather
flows and harmfixl materials from common association areas including, but not limited to, the monitoring
and testing associated with reducing such flows and materials.
4. Pelican Point shall provide reasonable and periodic access to City staff and
consultants to perform monitoring functions as needed to meet the requirements of the Board;
The parties agree that for all issues involving mutual costs, City will obtain written
concurrence from Pelican Point prior to initiating any services or work, including, but not limited to,
studies or projects, for which the City will seek to recover costs and expenses from Pelican Point.
6. The parties agree that if the Board does not grant the exception or if any condition or
requirement imposed by the Board or Regional Water Quality Control Board is deemed by the City to be
unreasonable and unattainable, the City shall have no further obligations under this MOU.
7. The parties agree that if the City determines, in its sole discretion, that Pelican Point
or its members are not fixlfilling their obligations under this MOU or otherwise, it may provide notice to
Pelican Point thereof and shall have no further obligations under this MOU.
IN WITNESS WHEREOF, the City has caused this MOU to be executed by the Mayor and attested by its
clerk, and Pelican Point has caused this MOU to be executed by its President of Pelican Point Board
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C�
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attested by its Secretary, all thereunto duly authorized by Minute Orders of the City Council and the
Pelican Point respectively, on the date written opposite their signatures.
Date:
Date:
ATTEST:
City Clerk of the Council
Pelican Point
a California Corporation
Bv:
Bv:
President, Pelican Point
Secretary, Pelican Point
THE CITY OF NEWPORT BEACH,
A municipal corporation
Mayor
Approved as to form:
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City Attorney