HomeMy WebLinkAboutID# 15-733 Amendment No.5 Operation and Maintenance of the Lake Elsinore Phase II Aeration SystemCITY Or
LADE LLSIHORJE
DREAM F;XT REMFi.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 25, 2015
SUBJECT: Amendment
No.
5
to
the
Agreement
for
the
Operation
and
Maintenance
of the
Lake
Elsinore
Phase
II
Aeration
System
Recommendation
Staff recommends the City Council approve and authorize the City Manager to execute
Amendment No. 5 to the Agreement for the Operation and Maintenance of the Lake
Elsinore Phase II Aeration System, in substantially the form attached and in such final
form as approved by the City Attorney.
Background / Discussion
In August 2006, the City entered into a five -year Agreement with Riverside County
(County) and Elsinore Valley Municipal Water District (EVMWD) for the Operation and
Maintenance of the Lake Elsinore Phase II Aeration System. The purpose of the
Agreement was: establishment of the operation and maintenance obligations associated
with the aeration system installed in Lake Elsinore; formation of the technical oversight
committee; development of a lake monitoring program; defining of the parties' financial
contributions. Per the terms of the Agreement, the annual cost to operate and maintain
the aeration system, which was determined to be $300,000, is to be equitably
distributed amongst the County, EVMWD, and the City.
The original Agreement expired on June 30, 2011 and has been extended annually
each year thereafter. This Amendment No. 5 further extends the term of the Agreement
to expire on June 30, 2016. All other terms remain unchanged.
Fiscal Impact
This Amendment No. 5 will provide for the ongoing operation and maintenance of the
aeration system in the lake at no additional net cost beyond the City's share of
$100,000, as stipulated in the Agreement.
Amendment No. 5 to the Agreement for the Operation and Maintenance of the Lake
Elsinore Ph II Aeration System
August 25, 2015
Page 2
Prepared by: Mia Beltran
Management Analyst
Approved by: Jim Smith
Interim Public Works Director
Approved by: Jason Simpson
Administrative Services Director
Approved by: Grant M. Yates
City Manager
Attachments: Attachment A —Amendment No. 5
FIFTH AMENDMENT TO THE AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF THE LAKE ELSINORE PHASE
II AERATION SYSTEM
AMENDMENT NO. 5 is made by and among the COUNTY OF RIVERSIDE ( "COUNTY "),
the CITY OF LAKE ELSINORE ( "CITY ") and the ELSINORE VALLEY MUNICIPAL WATER
DISTRICT ( "DISTRICT'). The COUNTY, CITY, and DISTRICT are hereinafter collectively
referred to as the "PARTIES."
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement
for the Operation and Maintenance of the Lake Elsinore Phase II Aeration
System ( "AGREEMENT') signed and made effective August 1, 2006 (copy
attached as Appendix A).
B. The initial
term
(Section 6) of the existing AGREEMENT
was for five (5)
years and
was
scheduled to terminate on June 30, 2011
unless otherwise
extended
by the
PARTIES.
C. In May 1, 2011 the PARTIES agreed to change the expiration date from June
30, 2011 to June 30, 2012 thereby extending the term of the original
AGREEMENT by one year (a copy of the First Amendment is attached as
Appendix B).
D. In June 2012 the PARTIES agreed to change the expiration date from June 30,
2012 to June 30, 2013 thereby extending the term of the original AGREEMENT
by one year (a copy of the Second Amendment is attached as Appendix C).
E. In September 2013 the PARTIES agreed to change the expiration date from
June 30, 2013 to June 30, 2014 thereby extending the term of the original
AGREEMENT by one year (a copy of the Third Amendment is attached as
Appendix D).
F. In March 2015 the PARTIES agreed to change the expiration date from June
30, 2014 to June 30, 2015 thereby extending the term of the original
AGREEMENT by one year (a copy of the Fourth Amendment is attached as
Appendix E).
G. The PARTIES concur
that
it would be
mutually beneficial to
enact a new
O &M Agreement in
order
to ensure
stable operation of
the Phase II
1 of 4
Aeration System. Consequently, the PARTIES are actively engaged in
developing a new long -term O &M Agreement.
H. The PARTIES believe it is essential to continue operation of the Phase II
Aeration System during negotiations of the terms and conditions for a
new long -term O &M Agreement as a show of good faith and the PARTIES
sincere commitment to improving water quality in Lake Elsinore.
NOW, THEREFORE, in consideration of the facts recited above, and the covenant,
conditions and promises contained in the existing AGREEMENT, the PARTIES mutually
agree as follows:
AMENDMENT
1. Per Section 6, Term, of the AGREEMENT the PARTIES hereby mutually
agree to extend the term of the AGREEMENT by one year, to expire on June
30, 2016.
2. All other terms and conditions in the existing AGREEMENT shall
remain unchanged by this amendment during the extended term.
3. Consistent with Section 10 -J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shall be deemed an original and together shall constitute one and the same
instrument.
4. This Amendment shall be in effect June 30, 2015 upon execution by all
PARTIES.
[Signatures on next page]
2 of 4
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year
first set forth above, which date shall be considered by the Parties to be the effective date of
this Agreement.
For THE CITY OF LAKE ELSINORE
m
ATTEST
a
APPROVED AS TO FORM
a
Title:
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
z
Dated;
Dated;
Dated;
Dated:
3 of 4
Forthe COUNTY OF RIVERSIDE
'ml
ATTEST
m
APPROVED AS TO FORM
a
Dated:
Dated:
Dated:
4of4
APPENDIX - "A"
AFWtNUIX H'
06/19/06
AGREEMENT FOR THE OPERATION AND MAINTENANCE
OF THE LAKE ELSINORE PHASE lI AERATION SYSTEM
TIAS AGREEMENT is made and effective this �5 day of 4 jus 2006 by and
among the COUNTY OF RIVERSIDE ( "COUNTY "), the CITY OF LAKE ELSINORE•.
( "CITY ") and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT ("DISTRICT"),
The COUNTY, CITY and DISTRICT are sometime collectively referred to as the "PARTIES ".
RECITALS
A. The COUNTY, CITY and DISTRICT are Member Agencies of the Lake Elsinore
and San Jacinto Watersheds Authority, a joint powers public agency, formed for the purpose of
implementing projects and programs to rehabilitate and improve the San Jacinto and Lake
Elsinore Watersheds and the water quality of Lake Elsinore ( "LESJWA "). LESJWA has been
awarded $15 million from the Safe Drinking Water, Clean Water, Watershed Protection and
Flood Protection Bond Act of 2000 (the "Bond Act ").
B. LESJWA is in the process of designing, constructing and installing a project
commonly known as the "Lake Elsinore Phase II Aeration System ", consisting of two
compressor buildings, piping and two water quality buoys, all as depicted on Exhibit "I
attached hereto. The PARTIES entered into an agreement on February 11, 2003 for the
Operation and Maintenance of a companion lake treatment system known as the Axial Flow
Pump Destratification System which became operable in July 2004. The Destratification
System and the Aeration System are intended to reduce fish kills and algal densities in Lake
Elsinore by:
Preventing lengthy periods of thermal and chemical stratification; and
2. Increasing dissolved oxygen in Lake bottom waters.
On December 20, 2004, The California Regional Water Quality Control Board, Santa Ana
Region adopted the Lake Elsinore and Canyon Lake TMDL (Board Resolution R8- 2004 -0037)
which addresses the water quality impairments in Lake Elsinore. The TMDL assumes that the
proposed Aeration System and Destratification System will reduce internal phosphorus loading
from lake bottom sediments by about 35 %. The implementation plan for the TMDL assigns
responsibility jointly and severally to all dischargers named in the TMDL for implementation of
in -lake treatment technologies to prevent the release of nutrients from lake sediments in Lake
Elsinore. 'The TMDL implementation plan also contemplates the formulation of a nutrient
pollutant trading plan amongst the named dischargers to provide flexibility in achieving TMDL
compliance. In addition, Board Order R8-2004-0011 requires DISTRICT to offset excess
phosphorus and nitrogen contributions associated with the discharge of supplemental water to
Lake Elsinore.
C. On April 20, 2006, the Board of Directors of LESJWA, utilizing Bond Act Funds,
authorized the grant of $1,550,000.00 to the DISTRICT to construct the Aeration System by
AUG - 12006 :3. 2-
At't'ENUTA 'H'
contract with Metro Builders and Engineers Group, LTD ( "Metro "). Metro bid $2,171,711.00,
which bid amount, plus design, engineering and other expenses, exceeds funds available to
LF.,SJWA by $975,000, as shown in Exhibit 2. To close this financial gap in funding, the
PARTIES propose to contribute the difference, $975,000, in equal shares.
D. The Aeration System is expected to be operational by early 2007. Once
operational, the Aeration System is expected to avoid the substantial adverse environmental and
aesthetic impacts that result from harmful algae blooms and resultant fish kills which, in turn,
hurt the economy of the region and severely impacts tourism. For those reasons, the PARTIES
have agreed to share equally the cost of operating and maintaining the Aeration System.
E. By separate agreement the DISTRICT has accepted the conveyance of title to the
Aeration System from LESJWA. A true and correct copy of said agreement is attached hereto as
Exhibit 3.
F. By this Agreement, the PARTIES intend to form a technical committee to oversee
the operation and maintenance of the Aeration System, and to set forth the terms and conditions
by which the DISTRICT shall operate and maintain the System at the expense of the PARTIES.
NOW, THEREFORE, in consideration of the facts recited above, and the covenants,
conditions and promises contained herein, the PARTIES mutually agree as follows:
AGREEMENT
I . Formation of the Technical Oversight Committee. As a means of ensuring the
most optimal operation of the Aeration System in order to maximize its benefits, there is hereby
established the "Technical Oversight Committee ", consisting of one knowledgeable
representative appointed by each PARTY. Each such representative shall serve as a member of
the Committee at the appointing PARTY's pleasure and expense. The Committee shall meet at
such times and places as its member may agree upon. The primary purpose of the Committee
shall be to oversee the operations and maintenance activities of the DISTRICT, and to develop
and refine parameters, processes and procedures needed to maximize the effectiveness of the
Aeration System in a manner that will realize all of the benefits the System is anticipated to
produce. Initially, the Committee shall operate the Aeration System in accordance with the
operational parameters outlined on the "Lake Elsinore Aeration System Process Flow Diagram"
attached hereto as Exhibit "4" and made a part hereof.
2. Capital Construction Contribution. The PARTIES shall, on a pro -rata basis
and as described in Paragraphs 3(c), 4(a) and 5(a) below, jointly contribute in equal shares the
total sum of $975,000 for the purpose of assisting in the funding of the construction of the
Aeration System ("Contribution"), The COUNTY's share is due on or before 120 days from
the award of the construction of the Aeration System.
3. DISTRICT's Obligations. Subject to all of the provisions of this Agreement, the
DISTRICT hereby agrees:
a. Hold Title to Aeration System: To hold title to the Aeration System for
the term of this Agreement.
b. Provision of Services: To provide, or cause to be provided, al l labor,
tools, equipment, vehicles, materials, supplies and qualified personnel necessary to
manage, operate, monitor, maintain and repair the Aeration System subject to the
approved budget as set forth in Section 3.g., the PARTIES' payment of financial
contributions as set forth herein, and the operation and maintenance parameters and
procedures established from time -to -time by the Technical Oversight Committee.
C. Financial Contribution: To contribute its pro -rata share (as established
annually by mutual agreement of the PARTIES) of the cost of constructing, managing,
operating, monitoring, maintaining and repairing the Aeration System.
d. Compliance: To comply with the requirements of all federal and state
statutes, rules and regulations governing the Aeration System, and the directions of the
Technical Oversight Committee.
e. Monitoring and Remote Access to Data: To develop and, with the
approval of the 'Technical Oversight Committee, implement a field testing, sampling and
monitoring program that will, among other things, measure dissolved oxygen and
temperature in Lake Elsinore. To supply a remote access Internet site for displaying
monitoring information accessible by the PARTIES. This site shall include real -time
data or recently past (i.e. 24 hours) information for viewing purposes only. The "real
time" file will be replaced about every 15 minutes to provide a snap shot of the current
data. All data collected will be placed on the DISTRICT FTP site accessible by the
PARTIES.
f. Reports: To prepare and submit quarterly and annual reports
summarizing operation, maintenance and monitoring activities and other matters of
interest as agreed upon by the PARTIES. The DISTRICT shall also provide such other
written or oral reports regarding the operation and maintenance of the Aeration System as
may be reasonably requested by any PARTY;
g. Budget: To prepare, in cooperation with the Technical Oversight
Committee, and submit an annual budget to the COUNTY and the CITY, for review and
approval not later than ninety (90) days before the commencement of any fiscal year
(July 1 to June 30), which budget shall estimate the expenditures necessary for the
operation, maintenance, repair and replacement of the Aeration System, and to provide a
financial statement showing the revenues and expenditures from the previous year's
budget. A form of such a budget is attached hereto as Exhibit "5 ". In the event a budget
acceptable to the PARTIES is not obtained prior to the start of fiscal year, the
DISTRICT shall continue to operate the Aeration System to the fullest extent possible,
within the reasonable discretion of the DISTRICT, at the level of expenditure authorized
by the last approved budget, and the PARTIES shall fund such budget until a new budget
is approved.
k
h. Books and Records: Maintain, and retain for a period of not less than
four (4) years following termination of this Agreement, full and accurate books and
accounts in accordance with the practices established by or consistent with those utilized
by the Controller of the State of California for public agencies. Such books and accounts
shall be maintained on a fiscal year basis (July 1 to June 30). Such books and accounts
shall be maintained by the DISTRICT as public records.
i. Safety: The DISTRICT shall be responsible for the safety of all persons
and property relative to the Aeration System. 'Phis responsibility shall be continuous and
not be limited to normal working hours. The DISTRICT's duty to ensure safety shall
include, without limitation, the placement of buoys and lights and to take all other
precautions necessary to protect boaters, skiers and swimmers in Lake Elsinore ( "Safety
Activities "), Because the CITY has rights and responsibilities related to recreation on
Lake Elsinore not egjoyed by the DISTRICT, including but not limited to enforcement of
CITY ordinances and the Lake Elsinore Lake Use Guidelines, Safety Activities
conducted pursuant to this subparagraph shall not be completed without first obtaining
the advice and approval of the CITY. The PARTIES acknowledge that some
modifications to existing CITY ordinances and the Lake Use Guidelines may need to be
undertaken in order to carry out the Safety Activities.
j. Inspection: To permit inspection of the Aeration System by
representatives of the COUNTY, CITY and /or LESJWA and regulatory agencies.
k. Liaison: To designate the General Manager or his/her designee as the
DISTRICT's representative on the Technical Oversight Committee; provided, however,
the DISTRICT reserves the right to change, from time -to -time, this designation.
4. COUNTY's Obligations. The COUNTY agrees to:
a. Financial Contribution: To contribute its pro -rata share (as established
annually by mutual agreement of the PARTIES) of the cost of constructing, managing,
operating, monitoring, maintaining and repairing the Aeration System.
b. Liaison: To designate the County Executive Officer, or his/her designee,
as the COUNTY's representative on the Technical Oversight Committee; provided,
however, the COUNTY reserves the right to change, from time -to -time, this designation.
C, Cooperation with the DISTRICT: The COUNTY shall cooperatively
assist the DISTRICT, as appropriate and necessary, in performing its duties hereunder.
CITY's Obligations. The CITY agrees to:
a. Financial Contribution: To contribute its pro -rata share (as established
annually by mutual agreement of the PARTIES) of tire cost of constructing, managing,
operating, monitoring, maintaining and repairing the Aeration System.
b. Liaison: To designate the City Manager or his /her designee as the
CITY's representative on the Technical Oversight Committee; provided, however, the
CITY reserves the right to change, from time -to -time, this designation.
C. Cooperation with the DISTRICT: The CITY shall cooperatively assist
the DISTRICT, as appropriate and necessary, in performing its duties hereunder.
d. Permission to use CITY Property: The CITY hereby grants the
DISTRICT permission to construct, install, operate and maintain the Aeration System on
its property, The location of the Aeration System on CITY property is approximately
depicted on Exhibit I and Exhibit 6.
e. Temporary Permission to use CITY Property to Construct: The CITY
hereby grants the DISTRICT temporary permission to use the CITY property to construct
the Aeration System described as APN 374- 211 -04, APN 374 - 212 -04 and the Acacia
Street Right -of -Way as approximately depicted on Exhibit 6.
6, Term. The DISTRICT shall begin rendering services hereunder immediately
following the date of completion of construction of the Aeration System (as signified by the
issuance of a notice of completion by DISTRICT'S governing board) and shall continue to
operate and maintain the System for an initial terns terminating on June 30, 2011 (the "Initial
Term "). Commencing 180 days prior to the expiration of the Initial Term, the PARTIES shall
meet and confer in good faith in order to determine whether DISTRICT shall continue to render
services hereunder for an additional term under such terms and conditions as shall be negotiated
(the "Extended Term ").
In the event that DISTRICT determines, in its sole and absolute discretion, not to render the
services hereunder following the expiration of the Initial Term or discontinues its operational
responsibilities as provided below, the CITY may, at its options, agree to render the services
hereunder, In the event that City determines not to render the services hereunder, the COUNTY
may, at its options, agree to render the services hereunder.
The PARTY agreeing to operate the Aeration System, whether during the term of the Agreement
or following termination of the Agreement, shall be granted, without charge or cost, full legal
title to the Aeration System and any easement, licenses and permits for the CI'T'Y or COUNTY
necessary to operate the Aeration System so long as and on the condition that PARTY does
operate the Aeration System.
A PARTY charged with the operation of the Aeration System may, in its reasonable discretion,
discontinue its operational responsibilities in the event that operation of the Aeration System is
infeasible due to material increases in operational costs, legal restrictions imposed by other
regulatory agencies, or the inability of the Aeration System to provide material environmental
r-�rr �iwin n
benefits to the Lake.
This Section 6 shall survive the termination of the Agreement.
7. Distribution of Surplus Funds. If, upon termination of this Agreement there are
any unexpended funds related to the purpose of this agreement, in the custody or control of the
DISTRICT including, but not limited to, reserve funds, as depicted on Exhibit 5, or funds from
the sale of the Aeration System equipment and material, such funds shall be distributed to the
PARTIES in proportion to their respective financial contributions hereunder.
8. Nutrient Pollutant Mitigation Credits. The PARTIES are informed and believe
that the California Regional Water Quality Control Board, Santa Ana Region, a water quality
regulatory agency, may approve a pollutant trading program for the Lake Elsinore and Canyon
Lake TMDL as provided in Task 12 of the TMDL. Moreover, it is the common understanding of
the PARTIES that a pollutant trading program would necessarily involve pollutant credits based
upon in -lake nutrient load reductions for phosphorus and nitrogen. In the event that the
Aeration and /or Destratification Systems achieve internal nutrient load reductions of any level
for nitrogen or in excess of the TMDL's 35% assumption for phosphorus then there may be an
opportunity that the systems will create pollutant credits on behalf of the PARTIES based on
their role as owners of the Aeration System. As a result, the PARTIES may have the right to
trade pollutant credits for valuable consideration to other dischargers named in the TMDL.
Therefore, the PARTIES agree that any such pollutant credits arising from the operation of the
Aeration and /or Destratification Systems shall be allocated among the PARTIES in equal shares
or in such other proportions as the PARTIES may mutually agree upon. The PARTIES further
agree that the DISTRICT shall have the right of first refusal to acquire for valuable consideration
any pollutant credits for phosphorous or nitrogen sought to be traded by the CITY or COUNTY
to other dischargers named in the TMDL. DISTRICT'S right of first refusal shall only extend to
those pollutant credits that DISTRICT seeks to use for the exclusive purpose of meeting its legal
obligations under Board Order R8- 2004 -001 1 in connection with the discharge of supplemental
water to Lake Elsinore.
9. Indemnification.
a. DISTRICT agrees to fully indemnify the COUNTY, CITY, and LESJWA
against, and hold each of them and their respective employees and agents completely free
and harmless from any cost, expense, claim, demand, judgment, loss, injury and/or
liability of any kind or nature, including personal injury, death or property damage,
asserted, or otherwise, whether in contract or tort, that may arise from, directly or
indirectly, or be occasioned by, or be in any way connected with the DISTRICT'S
performance, and /or failure to perform, under this Agreement of the maintenance and
operation of the Aeration System or any negligent act or omission of the DISTRICT, its
employees, agents and /or subcontractors.
b. CITY agrees to fully indemnify the COUNTY, DISTRICT, and LESJWA
against, and hold each of them and their respective employees and agents completely free
and harmless from any cost, expense, claim, demand, judgment, loss, injury and /or
liability of any kind or nature, including personal injury, death or property damage,
asserted, or otherwise, whether in contract or tort, that may arise from, directly or
indirectly, or be occasioned by, or be in any way connected with the CITY's
performance, and /or failure to perform, under this Agreement or any negligent act or
omission of the CITY, its employees, agents and /or subcontractors.
C, The indemnification obligations set forth in subparagraph "a ", above, shall
cease and be of no further effect if, and at the time, the DISTRICT decides to no longer
render the services described above pursuant to the provisions of Paragraph 6, if the
DISTRICT no longer owns the Aeration System, or upon termination of this Agreement.
The indemnification obligations set forth in subparagraph "b ", above, shall cease upon
termination of this Agreement.
10, Miscellaneous Provisions.
a. Independent Contractor: The DISTRICT shall perform the services
required hereunder in the DISTRICT's own way as an independent contractor, and not as
an employee of the COUNTY or the CITY.
b. Subcontractors: The DISTRICT may, at its sole cost and expense,
employ such competent and qualified professionals, consultants and subcontractors as the
DISTRICT deems necessary.
C. Disposition of System. The DISTRICT shall not abandon, substantially
discontinue the use of, lease, assign or otherwise dispose of the Aeration System or any
significant part or portion thereof, during the useful I ife of the Project without the prior
approval of the COUNTY, CITY and LESJWA.
d.
Amendment.
This Agreement
may be amended in writing by mutual
agreement
of the PARTIES.
This is the entire
Agreement between the PARTIES and
supersedes
any prior written
or oral agreement
inconsistent herewith.
e. No Third Party Beneficiary. This Agreement between COUN'T'Y, CITY
and DISTRICT is intended for the mutual benefit of the three signing PARTIES only. No
rights are created under this contract in favor of any third party or any party who is not a
direct signatory to this contract.
f. Venue and Attorneys' Fees. Any action at law or in equity brought by
any of the PARTIES hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the County of
Riverside, State of California, and the PARTIES hereby waive all provisions of law
providing for a change of venue in such proceedings to any other county. In the event any
of the PARTIES hereto shall bring suit to enforce any term of this Agreement to recover
any damages for and on account of the breach of any tern or condition of this
Agreement, it is mutually agreed that the prevailing party in such action shall recover all
costs thereof including reasonable attorneys' fees to be set by the court in such action.
g. Assignment. It is mutually understood and agreed that this Agreement
shall be binding upon each of the PARTIES and their successors. Neither this Agreement
nor any part thereof may be assigned by any party without the prior written consent and
approval of all PARTIES.
h. Notices. All notices, requests, consents, approvals or other
communications between the parties in connection with this Agreement shall be deemed
given if addressed to the recipient party at its last known address and, with postage
prepaid, deposited in the United States mail. The current addresses of the PARTIES are
as follows:
City County
City of Lake Elsinore County of Riverside
Attn: City Manager Attn: Executive Office
130 S. Main Street 4080 Lemon Street
Lake Elsinore, CA 92530 Riverside, CA 92501
District
Elsinore Valley Municipal Water District
Attn: General Manager
31315 Chaney Street
Lake Elsinore, CA 92531
Each party, upon notice to the others, may from time to time change its mailing address.
i. Severability. If any provision of this Agreement shall be determined by
any court to be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement shall not be affected and this Agreement shal I be construed as if the invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
j. Counterparts. This Agreement may be executed simultaneously or in
any number of counterparts, each of which shall be deemed an original and together shall
constitute one and the same instrument.
k. Effective Date. This Agreement shall become effective when it has been
executed by all of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be effective as
of the day and year first above written.
Dated:
Dated:
Dated: August 1, 2006
APPROVED AS TO ) FORM:
B
eputy County Counsel
CITY OF LAKE ELSINORE
By -- -
Mayor
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By —
President, Board of Directors
COUNTY OF RIVERSIDE
By
Chairman, Board of Supervisors - Bob Buster
ATTEST: .Nancy Romero,, /Clerk of the Board
By`�b" /?? ? /0 Deputy
Deputy
08.01.06 3.2
9
k. Effective Date. This Agreement shall become effective when it has been
executed by all of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be effective as
of the day and year first above written.
CIT:7ji
ELSIN N Dated: By = —'�=—
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
Dated: By
President, Board of Directors
COUNTY OF RIVERSIDE
Dated: By
Chairman, Board of Supervisors
APPROVED AS TO FORM:
By
Deputy County Counsel
qu
�FF�IMUIA /A
k. Effective Date, This Agreement shall become effective when it has been
executed by all of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be effective as
of the day and year first above written.
Dated:
CITY OF LAKE ELSINORE
By
Mayor
ELSINORE VALLEY MIJNICIPAI., WATER
DISTRICT
Dated: By
President, Board of Directors
COUNTY OF RIVERSIDE
Dated: August 1, 2006 By —e
Chairman, Board of Supervisors - Bob Buster
APPROVED AS TO FORM:
B .r�
eputy County�Counsei
ATTEST: ancy Romero, Clerk of the Board
By�v�i a "'; Deputy
08.01.06 3.2
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EXHIBIT 2
Lake Elsinore Phase II Aeration System
Capital Cost and Grant Funding Shortfall
Description Amount
Metro Builders and Engineers Bid Amount $ 21171,711
Change Orders ( -3 % of Bid Amount) $ 60,000
Inspection ( -5% of Bid Amount) $ 100,000
PACE (Engineering during Construction) $ 83,880
Subtotal
District Engineering and Project Mngt
District Overhead
Grand Total
Less LESJWA Grant Amount
Grant Funding Shortfall
$
2,415,591
$
30,000
$
79,409
$
2,5251000
$
X1,550,000)
$
975,000
k_.
EXHIBIT 4
The aeration system automatic sequence of operation shall be in accordance with the following
Figure 1
Lake Elsinore Aeration System Process Flow Diagram
(Modified from Dr. Arlo Fast 11128/04)
TURN OFF ALL 1. CALC ATavg, DOavg (future
COMPRESSORS bottom), b NAND SPEED
YES 12. IS ATavg < ALLOWABLE
NO
YES 11 3. IS DOovg (futur4 bottom)
r DOM107
4. IS DOAvg (future bottom) < YES
DOmin29
NO
S. IS WIND- SPEEDavg < MIN VES
SPEED
IiLb
RUN LEAD
COMPRES!
ONLY
TURN ON ALL
COMPRESSORS
OPERATOR INPUTS USED IN CALCULATIONS (shown above)
Dissolved Oxygen
"n" — number of previous data points used in regression (hours 0 -24)
"t" — duration of time foreseen in future that DO is projected (hours 0 -24) -
Thermal Stability:
none
Wind:
"p" — percentile of data set to use in determining wind speed (0 -100 %)
"d" — previous time period in which data is collected for the data set (0 -24 hours)
OPERATOR SETPOINTS
X — Maximum Allowable AT (0 -5 degrees C)
Y1 -- First Minimum Bottom Projected DO (0 -10 mg /L)
Y2 — Second Minimum Bottom Projected DO (0.10 mg /L)
Z — Minimum Wind Speed (0 -50 mph)
Primary Timer Set Points:
ON Time Delay (0.0 -48.0 hours)
OFF Time Delay (0.0 -48.0 hours)
EXHIBIT 5
LAKE ELSINORE PHASE II AERATION SYSTEM
ANNUAL OPERATIONS, MAINTENANCE AND REPLACEMENT COST
FY 2006 - 2007
OPERATIONS & MAINTENANCE
Preventative Maintenance i
Repairs/Replacement 7
$
_
Com ressor Overhaul 2
Major
_20,000
$ _ 5,00_0
Service Check 3
$ _ 45,000
$ 19,000
__....--..._---
Aeration
Lines and Pump Station Maintenance 4
Reserve Fund a _
$ 3 000_
PLC ProgramElilnq and Consultinq Services s
SUBTOTAL
$ 88,000
$ 5,000
Powere
$ 160,000
SUBTOTAL ��
$ 212,000
RESERVE FUND
Minor Equipment
Repairs/Replacement 7
$ 17,000
Major
EquipmenUFacility
Replacement Fund a _
$ _ 45,000
Water Quality
Maintenance
Reserve Fund a _
$ 26,000
SUBTOTAL
$ 88,000
TOTAL 1 $ 300,00
1. Preventative maintenance Includes all parts, labor and expenses to care for the unit per file manufacturers maintenance schedule.
Assumes 8,000 hours per year operation (24 hours a dayRdays per week operation), Maintenance occurs 2 times per year.
2. Overhauls include the compressor unit only. Drive Motors, and associated components (motor starters) are not included. Overhauls occur
every 100,000 hours of operation. Assuming 8000 hours per year, overhauls occur once every 12 years. $14,000 per unit every 12 years.
3. Service check occurs weekly. Need to check and verify that all compressors, valves, meters, controls, etc are operating normally. Two-
person crew, Four Hrs. per Week, $90/hr, 208 hours.
4. Aeration lines need to be lifted from the bottom of the lake to the surface and cleaned out property. 4 person crew 8 hdyr at $180/hr.
Perform necessary maintenance per the manufacture's maintenance manual for all meters, valves, blowers, pumps, etc.
5. Program adjustments to the PLC and anticilated annual consulting.
6. 2,400 Hours of operation, all compressors conning.
7. Replacement of the compressor screw element which occurs once every 50,000 hours of operation. At 8,000 hours of operation per year
(maximum), replacement occurs every 6 years. Replacement of the sensor buoys and calibration solutions every 5 years at 8,000 hours of
operaflon per year (maximum). General and preventive maintenace and service for all other equipments /materials as required for minor wear
and tear damages (including pipes, valves, and blowers).
8. Structures, Mechanical Equipment, Piping, Compressors. $1.2 M Capital Cost, 40 year life, 3% Escalation.
9. Water Quality Profiler, Weather Station, and Water Quality Maintenance. $0.2 M Capital Cost, 20 year life, 3% Escalation.
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Tit PARCEL AREA 15 20130 59,.NRE FUT.
APPENDIX - "B"
Amendment to Extend the Term of the Agreement for the
Operation and Maintenance of the Lake Elsinore Phase II Aeration System
This amendment is made and effective this first day of May, 2011 by and among the COUNTY
OF RIVERSIDE ( "COUNTY "), the CITY OF LAKE ELSINORE ( "CITY ") and the ELSINORE VALLEY
MUNICIPAL WATER DISTRICT ( "DISTRICT "). The COUNTY, CITY and DISTRICT are sometime
collectively referred to as the "PARTIES."
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement for
the Operation and Maintenance of the Lake Elsinore Phase II Aeration
System ( "AGREEMENT ") signed and made effective on August 1, 2006
(copy attached as Appendix A).
B. The initial term (Section 6) of the existing AGREEMENT was for five years
and is scheduled to terminate on June 30, 2011 unless otherwise
extended by the PARTIES.
C. By letter dated December 23, 2010 the PARTIES committed to submit a
new Operations and Maintenance (O &M) Agreement for the Phase II
Aeration System to the Santa Ana Regional Water Quality Control Board
by April 30, 2011 (copy attached as Appendix B).
D. The PARTIES concur that it is desirable to ensure the stable operation of
the Phase II aeration system for the remainder of 2011 while a long -term
O &M Agreement is being developed and additional project sponsorship is
sought.
NOW, THEREFORE, in consideration of the facts recited above, and the covenant, conditions
and promises contained in the existing AGREEMENT, the PARTIES mutually agree as follows:
AMENDMENT
1. Section 6 of the AGREEMENT shall be revised so that the initial term
expires on June 30, 2012 rather than June 30, 2011.
2. All other terms and conditions in the existing AGREEMENT shall remain
unchanged by this amendment to extend the initial term for a period of
12 months.
Page 1 of 2
tArrCIVUTA O
Consistent with Section 10 -J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shall be deemed an original and together shall constitute one and the
same instrument.
4. This Amendment shall become effective when it has been executed by all
of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to be effective as of the day
and year first above written.
For the CITY OF LAKE ELSINORE
By r/(
Robert . Brady
Title: City Manager
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
M
For the COUNTY OF RIVERSIDE
By
Title:
Dated: June 14 2011
Dated:
Dated:
Page 2 of 2
3. Consistent with Section 10 -J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shall be deemed an original and together shall constitute one and the
same instrument.
4. This Amendment shall become effective when it has been executed by all
of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to be effective as of the day
and year first above written.
For the CITY OF LAKE ELSINORE
By Da
Title:
For ELSINOREY�LLEY MUNICIPAL WATER DISTRICT
By
Ronal . Youne Dated:
Title:_ C7ene
For the COUNTY OF RIVERSIDE
By-
Title
Dated:
Page 2 of 2
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to the Agreement to
Form the Lake Elsinore and Canyon Lake TMDL Task Force.
COUNTY OF RIVERSIDE
APPROVED AS TO FORM
PAMELA J. WALLS
Counsel
By
DAVID H.K. HUFF
Deputy County Counsel
2
By. O
BOB BUSTER, Chairman
Riverside County Board of Supervisors
ATTEST
KECIA HARPER -THEM
Clerk of the Board
By 7
Deputy
(SEAL)
I!II g 9Mo ---3, (/)
APPENDIX - " C"
A
APPENDIX 'C'
Second Amendment to Extend the Term of the Agreement for the
Operation and Maintenance of the lake Elsinore phase it Aeration System
This amendment is made by and among the COUNTY OF RIVERSIDE ( "COUNTY "), the CITY OF
LAKE ELSINORE ( "CITY ") and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT ("DISTRICT"),
The COUNTY, CITY and DISTRICT are hereinafter collectively referred to as the "PARTIES."
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement for
the Operation and Maintenance of the Lake Elsinore Phase II Aeration
System ( "AGREEMENT ") signed and made effective on August 1, 2006
(copy attached as Appendix A),
B, The initial term (Section 6) of the existing AGREEMENT was for five years
and was scheduled to terminate on June 30, 2011 unless otherwise
extended by the PARTIES.
C. On May 1, 2011 the PARTIES agreed to change the expiration date from
June 30, 2011 to June 30, 2012 thereby extendingthe term of the original
AGREEMENT by one year (copy attached as Appendix B).
D, The PARTIES concur that it would be mutually beneficial to enact a long-
term O &M Agreement in order to ensure stable operation of the Phase II
aeration system and attract additional agencies to participate in the
project. Consequently, the PARTIES are actively engaged in developing a
draft of the long -term O &M Agreement
E. The PARTIES further concur that preparation of an appropriate long -term
O &M Agreement first requires the Regional Board to approve the
proposed Comprehensive Nutrient Reduction Plan (CNRP).
F. As of June 30, 2011 the Regional Board had not yet taken final action to
approve the CNRP; however, such approval is expected to occur prior to
the end of 2012.
G. The PARTIES believe it Is essential to continue operation of the Phase 11
aeration system, pending the Regional Board's final decision, as a show of
good faith and the PARTIES sincere commitment to improving water
quality in Lake Elsinore.
Page 1 of 2
APPENDIX'C'
NOW, THEREFORE, in consideration of the facts recited above, and the covenant, conditions
and promises contained in the existing AGREEMENT, the PARTIES mutually agree as follows:
AMENDMENT
1. Section
6 of the
AGREEMENT shall be revised
so that the initial term
expires
on June
30, 2013 rather than June 30,
2012.
21 All other terms and conditions in the existing AGREEMENT shall remain
unchanged by this amendment to revise the aforementioned termination
date.
3. Consistent with Section 10 -J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shall be deemed an original and together shall constitute one and the
same Instrument.
4. This Amendment shall become effective upon execution by all three
PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For the CITY OF LAKE ELSINORE -'
ILA –' —_
By Grant Yates Dated: � �f
i
Title; _City.Mana er I/
For the COUNTY OF RIVERSIDE
By
Dated:
Page 2 of 2
APPENDIX 'C'
NOW, THEREFORE, in consideratlon of the facts recited above, and the covenant, conditions ;
and. promises contained In the existing AGREEMENT, the PARTIES mutually agree as,follows:
AMENDMENT
1: Section 6 of the AGREEMENT shall be revised so that the Initial term
expires on June 30, 2013 rather than June 30, 2012.
2. All other terms and conditions In the existing AGREEMENT shall remain
unchanged by this amendment to revise the aforementioned termination .
date. ,
31 Consistent with Section 10•J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shall be deemed an original and togethershall constitute one and the
same instrument.
4. This Amendment shall become effective upon execution by all three
PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For the, CITY OF LAKE ELSINORE "
By Dated:
Title;
Fdr ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By Dated:
Title:
For the COUNTY F RIVE ID
ay Dated: OCT 022012
_- —
KEG U�
OEP Page 2 of 2
OCT 0-22.012 : i
APPENDIX - "D"
APPENDIX 'D'
Third Amendment to Extend the Term of the Agreement for the
Operation and Maintenance of the Lake Elsinore Phase II Aeration System
This amendment is made by and among the COUNTY OF RIVERSIDE ( "COUNTY"), the CITY.OF
LAKE ELSINORE ( "CITY ") and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT ("DISTRICT").
The COUNTY, CITY and DISTRICT are hereinafter collectively referred to as the "PARTIES."
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement for
the Operation and Maintenance' -of the Lake Elsinore Phase 11 Aeration
System ( "AGREEMENT ") signed and made effective on August 1, 2006 (copy
attached as Appendix A).
B. The initial term ;(Section 6) of the existing AGREEMENT was for five years and
was scheduled to terminate on June 30, 2011 unless otherwise extended by
the PARTIES..
C. On May 1, 2011 the PARTIES agreed to change the expiration date from June
30, 2011 to June 30, 2012 thereby extending the term of the original
AGREEMENT by one year (a copy of the First Amendment is attached as
Appendix, B):
ID. 'In June 2012 the PARTIES agreed to change the expiration date from June 30,
2012 to June 30, 2013 thereby extending the term of the original
AGREEMENT by one year (a copy of the Second Amendment is attached as
Appendix. C).
E. The PARTIES concur that it would be mutually beneficial to enact anew -O&M
Agreement in order to ensure stable operation of the Phase 11 aeration
system. Consequently, the PARTIES are actively engaged in developing anew
long -term' O &M Agreement.
F. The PARTIES believe it is essential to continue operation of the Phase II
.aeration system during negotiations of the terms and conditions for o or a new
Iongwterm 0 &M Agreement as a show of good faith and the PARTIES sincere
commitment to improving water quality in Lake Elsinore.
Page 1 of '2
f 1 1 L11Vlz\ V
NOW, THEREFORE, in consideration of the facts recited above, and the covenant, conditions
and promises contained in the existing AGREEMENT, the PARTIES mutually agree as follows:
AMENDMENT
1. Section
6
of the AGREEMENT shall
be revised so that the initial term
expires
on
June 30, 2014 rather than
June 30, 2013.
2. All other terms and conditions in the existing AGREEMENT shall remain
unchanged by this amendment to revise the aforementioned termination
date.
3. Consistent with Section 10 -J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shall be deemed an original and together shall constitute one and the
same instrument.
41 This Amendment shall be in effect June 30, 2013 upon execution by all
three PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
APPENDIX'D'
NOW, THEREFORE, in consideration of the facts recited above, and the covenant, conditions
and promises contained in the existing AGREEMENT, the PARTIES mutually agree as follows:
AMENDMENT
1, Section
6
of the AGREEMENT shall
be revised so that the initial term
expires
on
June 30, 2014 rather than
June 30, 2013,
2; All other terms and conditions in the existing AGREEMENT shall remain
unchanged by this amendment to revise the aforementioned termination
date.
3. Consistent with Section 10 -J of the AGREEMENT, this Amendment may be
executed simultaneously or in any number of counterparts, each of which
shag be deemed an original and together shall constitute one and the
same instrument.
4. This Amendment shall be in effect June 30, 2013 upon execution by all
three PARTIES
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By Datedi
John D. Vega
Title:. General Manager
For the COUNTY OF RIVERSIDE
0
Doted:
Page 2 of 2
APPENDIX - " E"
MN
,, ;iccrs(+i , tiY Ckl r w i34n4i -iri liil it
- lluu "k
Fourth Amendment to Extend the Tatm o the Agreement for the Operation and
Maintenance of the Lake Elsinore Phase It Aeration System
This amendment is made by and among the COUNTY OF RIVERSIDE ( "COUNTY "), the CITY
OF LAKE ELSINORE ( "CITY') and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT
( "DISTRICT "). The COUNTY, CITY and DISTRICT are hereinafter collectively referred to as the
"PARTIES,"
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement for the
Operation and Maintenance of the Lake Elsinore Phase II Aeration System
( "AGREEMENT ") signed and made effective on August 11 2006 (copy attached as
Appendix A).
B, The initial term (Section 6) of the existing AGREEMENT was for five years and was
scheduled to terminate on June 30, 2011 unless otherwise extended by the PARTIES.
C. On May 1, 2011 the PARTIES agreed to change the expiration date from June 30, 2011
to June 30; 2012 thereby extending the term of the original AGREEMENT by one year (a
copy of the First Amendment is attached as Appendix B).
D. In June 2012 the PARTIES agreed to change the expiration date from June 30, 2012 to
June 30; 2013 thereby extending the term of the original AGREEMENT by one year (a
copy of the Second Amendment is attached as Appendix C).
E. In September 2013 the PARTIES agreed to change the expiration date from June 30,
2013 to June 30, 2014 thereby extending the term of the original AGREEMENT by one
year (a copy of the Third Amendment is attached as Appendix D).
F. The PARTIES concur that it would be mutually beneficial to enact a new O &M
Agreement in order to ensure stable operation of the Phase It aeration system.
Consequently, the PARTIES are actively engaged in developing a new long -term O &M
Agreement.
G. The PARTIES believe it is essential to continue operation of the Phase II aeration
system during negotiations of the terms and conditions for a new long -term O &M
Agreement as a show of good faith and the PARTIES sincere oommitment to improving
water quality in Lake Elsinore.
Page 1 of 2
Nov 14 2014 � q
NOVY, "THEREFORE, it consideratlon of the facts ocited above, and the covenant, conditions
and fxrolnisos eontah'read pi the existing AG(;E MENT, she f'AR'PIlr.S mutually agree as follows:
AMENDMENT
1 Section 6 of the AGhk;.EMEiNT shall be revised so that tho Initial term expires on
June 30, 2015 rather than Juno 301 20 H.
2 All other towns and conditions III the oxisthng AGREEMEN'T' shall remain unchanged
by bits amendment to revise the aforementioned termination dates.
3 Consistent with „eotton 10 -J of iho AGREEMENT, this Amendment may he
executed . ifoultanaously or in any number of c0unterparfe, each of whieh shalt he
doomed an original and together shall consittuto one And the sarne InstnUunent.
4 This Amendltnelnt shall bocotne sfioctive upon oxec4ltion by 211 throe PAM IES,
IN VVI'FNES:� VVliCRI -OF, tho
PARTIES have
caused
this Amendment to beoome effective by
111cir rC'.5pectivti UiidUr'sC'.1 i14"I1tC
(below),
For tines Cl yt�' OF LAKE ELSINORI
RY Cf .,w., "T/ �fJ ..,_
title d `t �3 Cri.� (,
For ELSINORE S /_AU EY MUNICIPAL WATER DISTRICT
��.... x 5` 1. �cd
By � , r' _ Dolod
For the; COMITY 01. Rl \ /FRSIC)r
wov `t 4 211t4
By � , � 1 .� cy r Y ` G', ^zfr�u`
I stir;
VIIAMftltA WIND) 0F STIVI 1WS'0"' —
.I f- i T:
13y 1� (k n
} } N -1' s `. }!`i Page ? of 2
if,/ /V
,px,-ltj�i' I'd I fc .. OATI
4
APPENDIX 'E'
NOW, THEREFORE, in
consideration
of the facts recited
above, and the covenant, conditions
and promises contained
in the existing
AGREEMENT, the
PARTIES mutually agree as follows:
AMENDMENT
Section 6 of the AGREEMENT shall be revised so that the initial term expires on
June 30, 2015 rather than June 30, 2014.
All other terms and conditions in the existing AGREEMENT shall remain unchanged
by this amendment to revise the aforementioned termination date.
Consistent with Section
10 -J of
the AGREEMENT, this
Amendment may be
executed simultaneously
or in any
number of counterparts,
each of which shall be
deemed an original and
together
shall constitute one and
the same instrument.
This Amendment shall become effective upon execution by all three PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by
their respective endorsements (below):
For the CI OF LAKE ELSINORE
By v� _ Dated:
Title
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By
Title
Dated:
For the COUNTY OF RIVERSIDE
Dated.' Nov I It 2014
C �`Trt
Title
�H�ITlTt'�hLpCTGSttb 0i`StifltltS'fttt'3 - - --
AT IFES1
KECI RcrAJ H - Clertt
Qy Y,I Page e `l of 2 FO
A t (tO�r�} 10�rY t;nI)N5EL
g _
it /.
A RON . CTJIi- - �U T-