as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
6. SUBCONTRACTING
6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.
7. COMPENSATION
7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes. 23 - 188
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7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
10. RELATIONSHIP OF PARTIES
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not 23 - 189
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represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.
11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.
11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. 23 - 190
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11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.
Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
12. INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.
Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: residential inspection scope of repairs and cost of repairs • Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
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• Professional Liability Insurance: $2,000,000 per occurrence, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $4,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers' Compensation:
• Workers' Compensation StatutoryLimits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.
Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.
Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.
12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. 23 - 192
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Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South 23 - 193
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Pasadena, Attn: Angelica Frausto-Lupo, Director of Community Development, 1414 Mission Street, South Pasadena, CA 91030.
12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.
12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
13. MUTUAL COOPERATION
13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
14. NOTICES
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Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Angelica Frausto-Lupo
Director of Community Development
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7220
Facsimile: (626) 403-7241
If to Consultant
Darrell Holms
President
HBI Inspections
5972 Crestmont Dr.,
Chino Hills, CA 91709
(951) 712-2017
With courtesy copy to:
Andrew L. Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph
10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph
12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
16. TERMINATION
16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
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16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.
16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
17. INTERPRETATION OF AGREEMENT
17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 23 - 196
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17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
18. GENERAL PROVISIONS
18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the 23 - 197
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following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.
18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. 23 - 198
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“City”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
HBI Inspections
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Christina Muñoz
Deputy City Clerk
Date:________________________
Approved as to form:
By:__________________________________
Andrew Jared, City Attorney
Date:________________________
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HBI Inspections
DSA Inspection Services & Property
Inspections
P. (951) 712-2017
5972 Crestmont Dr.
Chino Hills, CA. 91709
9201 Via Lugano
Bakersfield CA. 93312
www.hbiinspections.com
When Business Structure
& Teamwork Matters
PSA Exhibit A
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Table of Content
Section 1 ………………………………………. Title Page
Section 2 ………………………………………. Cover Letter
Section 3 ………………………………………. Scope of Work
Section 4 ………………………………………. Project Team
Section 5 ………………………………………. Proposed Changes
Section 6 ………………………………………. Sample Reports
Section 7 ………………………………………. Fee Schedule
Section 8 ………………………………………. Additional Services
Section 9 ………………………………………. Insurance
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H.B.I. Inspections
1. Title Page
To: City of South Pasadena Date: June 30, 2022
Community Development Department
South Pasadena, CA
Attn: Augelica Frausto-Lupo
Re: Residential Inspection Services RFP
It is with enthusiasm that we present this proposal for Residential Property Inspection Services to South Pasadena Community Development Department.
Eligibility of Firm:
As a leading residential and DSA school construction inspection firm in California for the past 14 years, HBI Inspections, possesses a highly qualified team, of certified property inspectors, construction estimating, and area managers. HBI Inspections takes pride in our track record of consistently providing quality services at reasonable prices. Our reputable service of excellence and demonstrable history of success in providing residential inspection services will be described throughout this proposal packet.
Firm’s Address: HBI Inspections 5972 Crestmont Dr. Chino Hills. CA 91709 Firms Entity: HBI Inspections is legally permitted and licensed to conduct business in the State of California, business entity number C208190.We are established as an “S” Corporation in the State of California for the past 25 years on April 7, 1998, as Holmes Builders Inc., for the past 14 years D.B.A., HBI Inspections.
Federal Tax I.D. Number: 33-0803951, DIR#: 1000027696
Insurance Certificate: HBI insurance certificate met the requirements of the district.
Addendum: N/A
Primary Contact: Mr. Holmes is authorized as the primary contact and authorized to bind the firm to all contracts. Mr. Holmes is a licensed real estate agent, a certified home inspector, a DSA Class-1 state school construction inspector and hold 3 California contractor’s license.
Phone: 951-712-2017
E-M ail: [email protected]
Web Site: www.HBIinspections.com
HBI Inspections 5972 Crestmont Dr.
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Chino Hills Ca. 91709 P. 951-712-2017
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H.B.I. Inspections
2. Cover Letter
Introduction:
As a leading residential and Division of State Architect (DSA) school construction inspection firm in California for the past 14 years, HBI Inspections, possesses a highly qualified team, of certified property inspectors, area managers, office personal and construction estimating.
Our team of property inspectors are certified by International Association of Certified Home Inspectors (InterNACHI) and or California Coalition of Home Inspectors (CCHI) with years of experience. Many of our inspectors carry multiple certification, and construction licenses all are experts in the diverse types of construction. (i.e., Type 1-5, Occupancy Group A, B, E, R, etc.).
History of Residential Inspections and Background:
We occupy a unique position in our industry in that we have become experts in working with diverse types of governmental agencies from, State of California DGS, Division of State Architect (DSA), City Municipality, School Districts and of course the Private Sector.
Our experience in numerous residential inspection services to governmental agencies include public parks and their historical housing, land conservation preservation residential property, and school districts (nonDSA). We feel HBI is well suited for the needs of the city with a full understanding of projects, objectives, scope, and requirements.
Historical Residential Inspections:
We are experts in deliver these types of residential services and working with the different associated governmental agencies. With homes on “National Register of Historic Places” we understand the importance of these properties, its history and value the importance of a quality inspection. We have work closely with conservation management, National Register of Historic Places, and their documentations as it relates to our inspection of a historical residential property. Recently HBI provide residential inspection services for a home in the San Francisco area built in 1913 for editor Fremont Older and his wife. Fremont Older was managing editor for William Randolph Hearst at the San Francisco Bulletin.
School District Residential Inspections:
Santa Monica Community College District, we provided residential inspection of surplus homes owned by the district.
Residential Private Sector:
In addition to providing property inspections to governmental agencies we provide our services to private sector. Our clients include independent brokers and their agents to include Coldwell Bank, Century 21, Keller Williams etc. These homes are in a verity different ages, sizes, and architectural design.
History of City Projects:
Our experience with numerous governmental agencies includes city run and managed project. We provided construction inspection services (13month project) on a multi-use project for the city of Brea. With such experience we have full understanding of city run project. 23 - 203
t __ _
Required Statement:
1. HBI Inspections (Firm) accepts the City’s Professional Services Agreement without changes.
2. HBI understands the project objectives, scope, and requirements.
3. Scope of Work
Scope of Work:
We are committed to providing our clients with high quality inspection Services. Our philosophy is based on a simple principle: to provide quality service unlike any other competitor and maintain the cost of the inspection within budget. Our inspectors comprehend the importance of your inspection and inspect according to industry standards of International Association of Certified Home Inspectors (InterNACHI) which governs their certification. Also, HBI being a Division of State Architect (DSA) state school construction inspections company we are experts in the State of California Building Code (CBC) and International Building Code (ICC). Unlike other companies we provide a project manager as the single point of contact who will coordinate all project needs.
Task and Completion:
In any given project HBI and our staff of inspectors start by understanding the Cities vision and needs. We then develop the required steps to meet and exceed their inspection for any given project.
Our company has excelled in many areas; we have provided excellent communication and preventive measures for our client’s needs. Mr. Holmes will discuss work progress on a regular basis with the Client’s team and assist in developing a comprehensive project schedule with the city when required.
Mr. Holmes will supervise the inspector’s activities, and its priorities to ensure schedules are met to include all deliverables.
Multiple Projects:
HBI Inspections has over 14 years of experience in coordinating and executed multiple projects and their competing priorities, all while maintaining quality, meeting schedules, and budget awareness. It is always our aim to help our client’s meet its deadlines by attending all relevant meetings, the goal is to keep the team involved and informed through the process.
4. Project Team
Point of Contact:
Mr. Holmes is appointed as the area manager to be the cities single point of contact for all project needs. Mr. Holmes is a licensed real estate agent for the past 24 years, a certified home inspector and certified as a DSA Class-1 construction inspector for the past 14 years. In addition, he holds three (3) contractor’s license B, C5 & C6.
Certified Home Inspector Team Members:
Our team of property inspectors are certified by International Association of Certified Home Inspectors (InterNACHI) with years of experience. Many of our inspectors carry multiple certification, and construction licenses all are experts in the diverse types of construction. (i.e., Type 1-5, Occupancy Group A, B, E, R, etc.). All inspectors are in close proximity to the South Pasadena.
Member Location Member Location
Ed Fryday, CPI,
CMI, ACI
Pasadena, David Humphries Santa Clarita
Chris Rippy, CMI Los Angeles Matthew Monajemi Agoura Hills 23 - 204
Member Location Member Location
Daniel Miller, CPI La Habra Heights Joshua Escamilla Claremont Yalong Qin Walnut Justin Joseph Sylmar
David Glover West Dominguez Jessica Alvarez Hesperia
Brian Forrester Temple City Michael Hammond Monrovia
Andrea Martinez
Gutierrez
Placentia Martin Murphy Lake Los Angeles
Darrell Holmes,
CPI, DSA Chino Hills
5. Proposed Changes
Changes to Project Scope and Compensation:
HBI ensures that project scope and approved schedule are met, if after submitting a task order and or schedule to HBI for services, any schedule changes, scope changes and or cancellation of a home inspection requires and administrative fee of $300 to apply.
6. Samples of Inspection Report
Sample Inspection Report:
We have attached one copy of our typical inspection report for your review at the end of this RFP which you may review at your convenience.
In reviewing the inspection request, please note the “Summary Section” we provide for easy lineitem review on page (6) six of the property report. We are one of the only property inspection companies to provide this section as it is valued by our clients.
Sample Cost of Repair Estimate:
We have attached a copy of our cost of repair form for your review at the end of this RFP.
Note: HBI considers all reports confidential and proprietary information and is not transferable to others persons outside your organization and staff of this this RFP. 23 - 205
Statement of qualification for Principal of the Business Darrell Holmes
President of HBI Inspections
Project & Account Manager
Professional Experience
Fourteen (14) years as a DSA Class-1 inspector and owner of HBI Inspections. Darrell’s experience was 10 years as CEO of a midsize construction company contracting over 20 school construction projects (listed below) in southern California and countless retail stores throughout the State of CA., with 26 employees, the company specialized in General Contracting, framing, doors/hardware to include a 10,000-sq. ft. WIC cabinet shop. Darrell is knowledgeable and skilled in all areas of the construction industry from general field application to upper management duties. Skilled within the California Building Code, Title 24, and ICC as it relates to State school construction inspection.
Well versed in scheduling, submittals, RFI’s, change orders, and all DSA processes.
Darrell has held positions as a field carpenter, architectural draftsman, project manager, estimator and now DSA class-1 project inspector. More than 30 years of experience in the construction industry has produced an excellent base of knowledge in all areas of the construction and inspection industry. Please GO to www.hbiinspections.com for additional information for Mr. Holmes owner of HBI Inspections.
Qualifications, Certifications and Licenses
• DSA Construction School Inspector Class 1 #5006 expired • DSA Construction School Inspector Class 1 #5816 retook state’s Class 1 test in Sept. 2013 • DSA Fire Life and Safety Officer 1
• California General Contractor #B-751035
• California C-5 Framing and Rough Carpentry
• California C-6 Cabinet, Millwork, & Finish Carpentry
• Solar Power Systems & Installations Certified, Cal State University • Hazardous Material Certified, International Association of Indoor Air Consultants • W.I.C. Woodwork Institute Certified (school cabinets and millwork) • Auto-Cad (release 11) Cal State University
• Home Inspection Certified InterNACHI #13062302
• California Real Estate Licensee #01170806
Formal Education:
Houston Community College in Houston Texas majoring in Business with a background in Real Estate Development, licensed with the State of CaliforniaDepartment of Real Estate.
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Real Estate Inspection Report
HBI Home Inspection
Certified Home Inspections, Mold & Asbestos Lab Testing, Pools, Commercial Property and DSA State Construction Inspections Client: Mr. and Mrs. Navarro
Address: 15235 Lashburn St., Whittier CA. 90604
Inspector: Darrell Holmes Certified Inspector
Confidential and Proprietary:
HBI Inspections
5972 Crestmont Dr.
Chino Hills, CA 91760
951-712-2017
09-16-2016
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Report Information
The enclosed summary report will provide you with a preview of the components or conditions that need service or a second opinion, but it is not definitive. Therefore, it is essential that you read the full report. Regardless, in recommending service we have fulfilled our contractual obligation as generalists, and therefore disclaim any further responsibility. However, service is essential, because a specialist could identify further defects or recommend some upgrades that could affect your evaluation of the property.
This report is the exclusive property of HBI Inspections, and the client whose name appears herewith, and its use by any unauthorized persons is strictly prohibited.
The observations and opinions expressed within this report are those of HBI Inspection and supersede any alleged verbal comments. We inspect all of the systems, components, and conditions described in accordance with the standards of practice govern by International Association of Certified Home Inspectors (InterNACHI), and those that we do not inspect are clearly disclaimed in the contract and/or in the aforementioned standards. However, some components that are inspected and found to be functional may not necessarily appear in the report, simply because we do not wish to waste our client's time by having them read an unnecessarily lengthy report about components that do not need to be serviced.
In accordance with the terms of the contract, the service recommendations that we make in this report should be completed well before the close of escrow by licensed specialists, who may well identify additional defects or recommend some upgrades that could affect your evaluation of the property.
You have contracted HBI Inspections to perform a Lead base, Mold, Asbestos, Radon gas and or general home inspection in accordance with the standards of practice established by the Home Inspection Foundation, a copy of which is available upon request. Generalist inspections are essentially visual, and distinct from those of specialists, in as much as they do not include the use of specialized instruments, the dismantling of equipment, or the sampling of air and inert materials. Consequently, a generalist inspection and the subsequent report will not be as comprehensive, nor as technically exhaustive, as that generated by specialists, and it is not intended to be. The purpose of a generalist inspection is to identify significant defects or adverse conditions that would warrant a specialist evaluation. Therefore, you should be aware of the limitations of this type of inspection, which are clearly indicated in the standards. However, the inspection is not intended to document the type of cosmetic deficiencies that would be apparent to the average person, and certainly not intended to identify insignificant deficiencies. Similarly, we do not inspect for vermin infestation, which is the responsibility of a licensed exterminator.
Most homes built after 1978, are generally assumed to be free of asbestos and many other common environmental contaminants. However, as a courtesy to our clients, we are including some well 23 - 208
documented, and therefore public, information about several environmental contaminants that could be of concern to you and your family, all of which we do not have the expertise or the authority to evaluate, such as asbestos, radon, methane, formaldehyde, termites and other wood-destroying organisms, pests and rodents, molds, microbes, bacterial organisms, and electromagnetic radiation, to name some of the more commonplace ones. Nevertheless, we will attempt to alert you to any suspicious substances that would warrant evaluation by a specialist. However, health and safety, and environmental hygiene are deeply personal responsibilities, and you should make sure that you are familiar with any contaminant that could affect your home environment. You can learn more about Contaminants that can affect you home from a booklet published by the environmental Protection Agency, which you can read online at www.epa.gov/iaq/pubs/insidest.htm.
Mold is one such contaminant. It is a microorganism that has tiny seeds, or spores, that are spread on the air then land and feed on organic matter. It has been in existence throughout human history, and actually contributes to the life process. It takes many different forms, many of them benign, like mildew.
Some characterized as allergens are relatively benign but can provoke allergic reactions among sensitive people, and others characterized as pathogens can have adverse health effects on large segments of the population, such as the very young, the elderly, and people with suppressed immune systems. However, there are less common molds that are called toxigens that represent a serious health threat. All molds flourish in the presence of moisture, and we make a concerted effort to look for any evidence of it wherever there could be a water source, including that from condensation. Interestingly, the molds that commonly appear on ceramic tiles in bathrooms do not usually constitute a health threat, but they should be removed. However, some visibly similar molds that form on cellulose materials, such as on drywall, plaster, and wood, are potentially toxigenic. If mold is to be found anywhere within a home, it will likely be in the area of tubs, showers, toilets, sinks, water heaters, evaporator coils, inside attics with unventilated bathroom exhaust fans, and return-air compartments that draw outside air, all of which are areas that we inspect very conscientiously. Nevertheless, mold can appear as though spontaneously at any time, so you should be prepared to monitor your home, and particularly those areas that we identified. Naturally, it is equally important to maintain clean air-supply ducts and to change filters as soon as they become soiled, because contaminated ducts are a common breeding ground for dust mites, rust, and other contaminants. Regardless, although some mold-like substances may be visually identified, the specific identification of molds can only be determined by HBI specialists and laboratory analysis, and is absolutely beyond the scope of our general inspection. Nonetheless, as a prudent investment in environmental hygiene, we categorically recommend that you have your home tested for the presence of any such contaminants, and particularly if you or any member of your family suffers from allergies or asthma. Also, you can learn more about mold from an Environmental Protection Agency document entitled "A Brief Guide to Mold, Moisture and Your Home," by visiting their web site at: http://www.epa.gov/iaq/molds/moldguide.html/, from which it can be downloaded.
Asbestos is a notorious contaminant that could be present in any home built before 1978. It is a naturally occurring mineral fiber that was first used by the Greek and Romans in the first century, and it has been widely used throughout the modern world in a variety of thermal insulators, including those in the form of paper wraps, bats, blocks, and blankets. However, it can also be found in a wide variety of other products too numerous to mention, including duct insulation and acoustical materials, plasters, siding, floor tiles, heat vents, and roofing products. Although perhaps recognized as being present in 23 - 209
some documented forms, asbestos can only be specifically identified by laboratory analysis. The most common asbestos fiber that exists in residential products is chrysotile, which belongs to the serpentine or white-asbestos group, and was used in the clutches and brake shoes of automobiles for many years.
However, a single asbestos fiber is said to be able to cause cancer, and is therefore a potential health threat and a litigious issue. Significantly, asbestos fibers are only dangerous when they are released into the air and inhaled, and for this reason authorities such as the Environmental Protection Agency [EPA] and the Consumer Product Safety Commission [CPSC] distinguish between asbestos that is in good condition, or non-friable, and that which is in poor condition, or friable, which means that its fibers could be easily crumbled and become airborne. Regardless, although some asbestos substances may be visually identified, the specific identification of asbestos can only be determined by HBI specialists and laboratory analysis, and is absolutely beyond the scope of our general inspection.
Radon is a gas that results from the natural decay of radioactive materials within the soil, and is purported to be the second leading cause of lung cancer in the United States. The gas is able to enter homes through the voids around pipes in concrete floors or through the floorboards of poorly ventilated crawlspaces, and particularly when the ground is wet and the gas cannot easily escape through the soil and be dispersed into the atmosphere. However, it cannot be detected by the senses, and its existence can only be determined by sophisticated instruments and laboratory analysis, which is completely beyond the scope of our service. However, you can learn more about radon and other environmental contaminants and their affects on health, by contacting the Environmental Protection Agency (EPA), at www. epa.goviradonfimages/hmbuygud.pdf, and it would be prudent for you to enquire about any high radon readings that might be prevalent in the general areas in or surrounding your home.
Lead poses an equally serious health threat. In the 1920's, it was commonly found in many plumbing systems. In fact, the word "plumbing" is derived from the Latin word "plum bum," which means lead.
When in use as a component of a waste system, it is not an immediate health threat, but as a component of potable water pipes it is a definite health-hazard. Although rarely found in modern use, lead could be present in any home build as recently as the nineteen forties. For instance, lead was an active ingredient in many household paints, which can be released in the process of sanding, and even be ingested by small children and animals chewing on painted surfaces. Fortunately, the lead in painted surfaces can be detected by industrial hygienists using sophisticated instruments, but testing for it is not cheap. There are other environmental contaminants, some of which we have already mentioned, and others that may be relatively benign. However, we are not environmental hygienists, and as we stated earlier we disclaim any responsibility for testing or establishing the presence of any environmental contaminant, and recommend that you schedule whatever specialist inspections that may deem prudent within the contingency period.
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Property Information
Client Name: Mr. and Mrs. Navarro
Address: 15235 Lashburn Str., Whittier CA. 90604
Inspection Date: 09-16-2018
Inspection Time: 9:00 a.m.
Inspector: Darrell Holmes
Square Footage: 1389 approx.
Year Built: 1955
Real Estate Agent Information
Agent/Requesting Inspection: Suzy Fawbush
Phone:
Cell: 951-230-8287
Email: [email protected]
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The color code is as follows:
Red- Requires Attention
Blue- Good Condition
Black- General Comment
Inspector Summary Report
This Section Is Only a Summary of the properties general condition for your connivance. We strongly advise, the full report to be review as to additional items and details the inspector has found on the property. Some of the content in this Paragraph Summary is the inspectors personal option based on condition and should be reviewed only as an option.
The general overall condition of the property:
The property: 1. Roof mastic around vent pipes is recommended. 2. Label main electrical box. 3. GFI electrical plugs are not working through out. 4. Back bedroom concrete stem wall foundation is cracked. 5. Floor beam is loose.
6. Attic insulation coverage is recommended. 7. High spots under the vinyl flooring. 8. Standing water under the home at some point based on the condition of the soil/cracking. 9. Turn down water PSI to below 80 PSI. 10.
Smoke and Carbon detectors to be installed properly.
Recommendation:
1. Recommend asking owner about past standing water under the home.
2. Recommended material lab testing of the attic insulation and piping for Asbestos.
3.A licensed structural engineer to review the homes foundation.
Buyer is having the following Special Materials, Lab Testing performed:
Mold
Lead Paint
_ Asbestos
Radon Gas
X_ None at this time
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Inspector Report
Site Grounds & Grading
This inspection is not intended to address or include any geological conditions or site stability information. For information concerning these conditions, a geologist or soils engineer should be consulted. Any reference to grade is limited to only areas around the exterior of the exposed foundation or exterior walls. This inspection is visual in nature and does not attempt to determine drainage performance of the site or the condition of any underground piping, including municipal water and sewer service piping or septic systems. When decks and porches are built close to the ground where no viewing or access is possible, we cannot make accurate opinions. These areas as well as others that are too low to enter, or in some other manner not accessible, are excluded from the inspection and are not addressed in this report. We routinely recommend that inquiry be made with the seller about knowledge of conditions.
Water Service
City water service. Service Main is located at street. Water Pressure is at 82 P.S.I.
Recommend no more than 80 P.S.I. Regulate the water pressure at the regulator valve when needed.
Exterior Drainage
Overall, the water would appear to drain away from the home except under the house it appears there was standing water at on time.
Recommend further investigation. Tripping hazard, concrete work. 23 - 213
Gas Meter / Piping
Original Gas Meter. Does NOT have earthquake valve, saves on home insurance and should paint the meter. Shut off valve on gas line.
Exterior & Structure
Our inspection of the Exterior grounds includes the surface drainage, grading, some fencing, gates, sidewalks, patios, driveways, and retaining walls adjacent to the structure. The inspection of the exterior of the building includes the cladding, trim, eaves, fascias, downspouts, railings, doors, windows and flashings. Areas hidden from view by finished walls or stored items cannot be judged and are not a part of this inspection. Minor cracks are typical in many foundations and most do not represent a structural problem. If major cracks present along with rotation, we routinely recommend further evaluation be made by a qualified professional structural engineer. The grading of the soil should allow for surface and roof water to flow away from the foundation. All concrete slabs experience some degree of cracking due to shrinkage in the drying process or minor settlement. All items listed are inspected for their proper function, poor installation, excessive wear and general state of repair. Where deck carpeting, stacked firewood, excessive vegetation, soil and other coverings are installed over decking and patio surfaces, the materials or their nature of construction and condition of the underneath these coverings cannot be determined.
Building Information
Single Story Home
1389 Square Ft.+ -
Year Built: 1955
Raised Foundation
Wood Framing
Exterior stucco and wood trim.
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Roof
We do our best to inspect the roof system within the time allotted. The inspection of the roof system includes a visual examination of the surface materials, connections, penetrations and roof drainage systems. We examine the roofing material for damage and deterioration. We examine the roof system for possible leaks, damage and conditions that suggest limited remaining service life. We may offer opinions concerning repair and/or replacement if warranted. Opinions stated herein concerning the roofing material are based on the general condition of the roof system as evidence by our visual inspection. These do not constitute a warranty that the roof is or will remain, free of leaks. All roofing systems require annual maintenance. Failure to perform routine maintenance will usually result in leaks and accelerated deterioration of the roof covering and flashings. When provided, our estimates of the roofs life expectancy are based on the assumption that the roof will be properly maintained during that period. The only way to determine whether a roof is absolutely watertight is to observe it during a prolonged rainfall. Many times, this situation is not present during the inspection and we cannot confirm this condition. We suggest that an annual inspection of the Attic area be performed where accessible to identify if any leaks are evident.
Roof Covering
Asphalt Roof in good to fair condition.
Roofing Shingle in fair condition Paper in good condition as to visibility.
Chimney and Roof Flashing
Drip edge observed. Piping penetrations through the roof could use general maintenance by add mastic to the areas.
23 - 215
Eaves, Soffits, Fascia, and Wood Trim
Overall, the fascia boards appear to be in good to fair condition, however there is damage in picture above and possible terminates in other areas. Have a terminate inspection performed.
Drip Edge
Drip Edge Observed.
23 - 216
Gutters & Downspouts
NO Gutters throughout the home. (See picture above)
Exterior Building Cladding
Stucco and wood. Stucco has been patched in several areas and at newer bedroom addition.
Crawl Space
Back bedroom foundation stem walls display heavy cracking. The cracking appears to be separation cracking that goes through the concrete stem wall from side to side.
Some stucco batching is also evident on the area/wall. Recommend full investigation. 23 - 217
Floor Framing
Floor beam is loose at the interior closet crawl space. Recommend full investigation by licensed Structural Engineer.
Beam is loose and not sitting on concrete pier.
Door to Outside Space
Wood Front Door, is in good to fair condition. Top hinge is bent and requires replacement. Recommend new owner change all locks after purchase.
Exterior Windows
A represented number of windows inspected operational and manageable. Recommend buyer to Review all windows.
23 - 218
Window and Screens
Fair condition newer windows to the home. Some of the windows are hard to open and the backslider screen is difficult.
Exterior Overhead Shade Structure
None
Garage Door
New Garage door with Electrical Openers working. Two car garage.
Garage Floor
Fair Condition with visible cracking. These cracking seem to normal to be expected due the age of the house. Recommend Quikrete patching of the holes in the slab.
Separation Wall
There is no verification of ONE HOUR sheetrock/stucco or verification of any fire rating.
Plumbing
We do our best to inspect the visual plumbing system within the time allotted. Our Inspection of the plumbing system includes a visual examination of the exposed portions of the domestic water supply, drain waste, vent, gas lines, faucets, fixtures, valves, drains, traps, exposed pipes and fittings. These items are examined for proper function, excessive or unusual wear, leakage and general state of repair. The hidden nature of piping prevents inspection of every pipe and joint connection, especially in walls, floors and ceiling voids. A sewer lateral test is necessary to determine the condition of the underground sewer lines. This type of test is beyond the scope of this inspection. Our review of the plumbing system does not include landscape irrigation systems, water wells, on site and/or private water supply systems, off site community water supply systems, or private (septic) waste disposal systems unless specifically noted. A qualified specialist prior to the closing of escrow can perform review of these systems. Our inspection of the water heater includes a visual examination of the accessible portions of the tank, gas, electrical and/or water connections, venting and safety valves. These items are examined for proper function, excessive or unusual wear, leakage and general state of repair. 23 - 219
Water Heater
The 2013 Yr., 50-gal., Hot water heater appears to be installed properly for the most part. Proper Anchoring of unit to wall is to be I/3 up and 1/3 down for strapping. The PRV piping is extended to the outside of the home.
Kitchen
Recommend turning on all appliances. Countertop overhang is excessive and stove may not line up on center with hood.
Kitchen and Bathrooms Plumbing
There were no leaks detected under, kitchen and bathroom sinks. 23 - 220
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Attic Plumbing
Several pipes that extend through the roof, appear to be asbestos.
Water staining on outside of pipe at roof line
Outside Plumbing
Faucet in bird of paradise, handle broken. The piping needs strapping. (loose) PVC water piping is not per code
23 - 221
Interior Doors
Newer Panel doors and hardware/ lockset in good to fair condition.
Attic
Attic Door
Located in the home’s hallway.
Attic Insulation
Observed older insulation and poor coverage. Recommend Insulation to be lab tested for asbestos and add addition insulation coverage to be added.
Pipe requires insulation pipe wrap.
Attic Framing
Framing did not show signs of water stains as observed. There was no mold observed by inspector.
23 - 222
Electrical
We do our best to inspect the electrical system within the time allotted. Our examination of the electrical system includes a visual examination of the exposed and accessible branch circuits, wiring, service panel, over current protection devices, lighting fixtures, switches, and receptacles. Service equipment, proper grounding, wiring methods and bonding are focal points. We inspect for adverse conditions such as lack of grounding and bonding, over-fusing, exposed wiring, open-air wire splices, reverse polarity and defective GFCI's. The hidden nature of the electrical wiring prevents inspection of every length of wire or their connections. Telephone, video, cable, audio, security systems and other low voltage systems were not included in this inspection unless specifically noted. We recommend you have the seller or a specialist demonstrate the serviceability or locations of these systems to you if necessary. Any electrical repairs attempted by anyone other than a licensed electrician should be approached with caution. The power to the entire house should be turned off prior to beginning any repair efforts, no matter how trivial the repair may seem. Aluminum wiring requires periodic inspection and maintenance by a licensed electrician. Operation of time clock motors is not verified. Inoperative light fixtures often lack bulbs or have dead bulbs installed. Light bulbs are not changed during the inspection, due to time constraints. Smoke Alarms should be installed within 15 feet of all Bedroom doors and in Bedrooms. These units should be tested monthly 23 - 223
Main Panel
Main Panel is original to the home, located on the west side of home. Main Panel is single phase 120/240 volts 100 amp.
Original wire and breakers to the home.
Panel requires labeling.
Outlets & Switches
A represented number of plugs were tested, and working. Recommend GFI’s to be installed in all parts of the home at or near water per today’s code. GFI Plugs Installed but not working/tripping.
Recommend Lic. Electrical Contractor to review the entire home.
No GFI in home
23 - 224
Attic Electrical
No attic lighting. Wiring is original to the home.
23 - 225
Smoke Detectors
General Note: Must be installed and working in all bed rooms and hallways.
Carbon Detectors
General Note: A Carbon detector is NOT in hallway and must be installed. Recommend one to be install in Garage.
Heating
We do our best to inspect the heating system within the time allotted. Our examination of the heating system includes a visual examination of the exposed and accessible heating equipment, thermostat, safety controls, venting and the means of air distribution. Our inspection of the heating system includes activating the heating system via the thermostat and a visual examination of the accessible components listed below. These items are examined for proper function, excessive or unusual wear and general state of repair. Heat exchangers are inaccessible by design, and are not part of the ASHI standards of practice. They must be completely removed from the furnace to be fully evaluated. Our inspection does not include disassembly of the furnace. The inspector cannot light pilot lights due to the liability. The inspector does not test safety devices. To obtain maximum efficiency and reliability from your heating system, we recommend annual servicing and inspections by a qualified heating specialist. Determining the condition of oil tanks, whether exposed or buried, is beyond the scope of this inspection. Leaking oil tanks represent an environmental hazard, which is sometimes a costly condition to address.
Air Handling Unit
Air Handling Unit system was turned on at time of inspection.
Recommend / need a filter in the hallway, and turning on all units before closing of escrow.
Cooling
We do our best to inspect the HVAC system within the time allotted. This is a visual inspection limited in scope by (but not restricted to) the following conditions: - Window and/or wall mounted air conditioning units are not inspected. - The cooling supply adequacy or distribution balance is not inspected. - Pressure tests on coolant systems are not within the scope of this inspection; therefore no representation is made regarding coolant charge or line integrity. - Judgment of system efficiency or capacity is not within the scope of this inspection. - Cooling systems are not dismantled in any way. Secured access covers are not removed. - The interior components of evaporators, condensers and heat pumps are not viewed. - The interior conditions of cooling components are not evaluated. - The presence of leaking refrigerant lines, heat pump oil, etc., is outside the scope of this inspection. Please also refer to the pre-inspection contract for a detailed explanation of the scope of this inspection.
23 - 226
Air Conditioning Unit
Window units are not turned on by the inspector and should be turned on to verify they work by owner.
Cooled to approximately 50 deg. Filter required in hallway. 23 - 227
Attic Duct Work
Newer duct though out. Insulation wrap need.
Interior
Ceiling
Smooth semi- Texture.
Walls
Smooth semi- Texture. Fresh or newer paint throughout the home walls and ceiling.
Windows
Newer energy efficient framed windows.
Floors
Simulated wood vinyl. The flooring has bumps through the home, from not being prepped, or cleaned before laying the vinyl. These high spots will result in wear spots over time.
23 - 228
Laundry Room/Area
Located inside the home just inside the garage. Recommend GFI plugs.
Swimming Pool and Spa
N/A
23 - 229
Inspection Conclusion
We are proud of our service, and trust that you will be happy with, the quality of our report.
We have made every effort to provide you with an accurate assessment of the condition of the property. However, we may not have tested every outlet and opened every window and door, or identified every problem. Also because our inspection is essentially visual, latent defects could be present. We cannot see behind walls, through wall or in walls. Therefore, you should not regard our inspection as a guarantee or warranty. It is simply a report on the general condition of a property based on the option of the inspector at a given point in time. As a homeowner you should expect problems to occur, roofs will leak, basements may have water problems and systems may fail without warning, we cannot predict future events. For these reasons you should keep a comprehensive insurance policy current.
This report was written exclusively for our Client. It is not transferable to other people. The report is only supplemental to a seller’s disclosure.
Thank you for taking the time to read this report and call us if you have any questions.
PRE-Closing Walk Through
The walk- through prior to closing is the time for client to inspect the property. Condition can change between the time of a home inspection and the time of closing. Restrictions that existed during the inspection may have been discovered during the walk through. Client should be thorough during the walk through.
Any defect or problem discovered during the walk through should be negotiated with the owner/seller of the property prior to closing. Purchasing the property with a known defect or problem releases HBI of all responsibility. Client assumes responsibility for all known defects after settlement.
The following are recommendations for the pre closing walk through of your new house.
1. Check the heating and cooling system operations.
2. Operate all appliances.
3. Run water at all fixtures and flush toilets, look for plumbing leaks.
4. Have the gas company check the gas meter and check for leaks inside and outsideof your home.
5. Check the roof for leaks after a rain fall.
You are advised to seek two professional opinions and acquire estimates of repair as to any defects, comments, improvement or recommendations mentioned in the report. We recommend that the professional making any repairs inspect the property further, in order to discover and repair related problems that were not identified in the report. We recommend that all repairs, corrections, and cost estimates be completed and documented prior to closing or purchasing the property, fell free to hire other professionals to inspect 23 - 230
the property prior to closing including HVAC professionals, electricians and engineers or roofers.
Thank You for choosing HBI Inspection for you Inspection needs. 23 - 231
Bedrooms: ______________ Bathrooms: ______________
Asking Price: ______________ After Repair Value: ______________ Inspection Checklist Yes No Repair Cost
Roof? x
Gutters?
Exterior Paint?
Garage Door(s)?
Septic?
Fence?
Driveway?
Central Air Conditioning
x
Foundation Repair?
Plumbing Repair? Plumbing: $4,000 per floor (new bathroom & kitchen fixtures included) Faucets: Kitchen = $80 - $140 Bathroom: $25 - $60
Toilet: $100 - $125 Tub w/ Surround: $500 - $700
Electrical Repair? New Panel: $1,500
New Service, Panel, Rewire House: $4,000 per floor
Electrical Fixtures: $100 - $300k home = $1,000 - $1,250 $300 and up = $1,250 - $2,000 Reframe 1 Support Beam: $1,000 Bulk Head (installed): $800 - $1,000 Basement Repair?
Seal Basement: $250 Pour Concrete Floor: $800 (5yds) or $100 per yard Set the Floor: 1.00-1.50 per/sf Replace Stairwell: $1,000 Sump Pump: $800 Spray (Paint): $500 Interior paint? $3.00sf, as a rule of thumb
1,500sf: $4500 3,000sf: $9,000 or more if significant wall repairs needed Pool Repairs? Demo Inground: $5,000 Liner: $3,000 - $6,000 (installed) Plaster: $4,000
Decks? New Deck: $20.00 - $50.00 per/sf
10'x10' = $2,000 15'x15' = $3,000
INTERIOR
Heating or Furnace Replacement Replace 1 Furnace: $4,000 / Boiler is 5,000 - 5,500 Replace 1 Hot Water Heater: $1,000
Install 1 Zone Baseboard Heater Gut Job: $4,500 per unit New System w/ Heat: $10,000 Condensor: $2,000 Ductwork: $4,000 Exterior Siding? Vinyl Siding (labor and materials): 1500sf: $7,000 3000sf: $11,000 Shingles/Clapboard Siding (labor and materials):
Windows? # of Windows x $270 (standard replacement window, more for bay or odd size) Large Bay Window: $2,000 - $3,000 each
1 Garage Door: $1,000 - $1,400 each (with motor)
$18,000-30,000 (ballpark)
Wood Fence = $15.00 per/lf Chain Link Fence: $10.00 per/lf Asphalt: $4.00 per/sf Gravel/Stone: $2.00 per/sf
Yard Landscaping/Cleaning Clean-up Only: $250 - $750 Hourly: $20-$25 per hour Basic Clean-up, Mow, Mulch, Stone Path, Trim, Edge for typical $300k home/lot Small Property: $2,250 Medium: $3,500 Large: $4,000 and up Project Repair Estimation
Worksheet
Address: ___________________________________________________ Date: _________________________ Created by: _____________ Total Square Footage: _____________
Total Repair Cost: ________________ Proposed Offer Price: _______________ Details
EXTERIOR
Full Roof: $300 per/sq (1sq = 100 sf), as a rule of thumb Gutters: $1,000 - $1,250 on 2000-3000sf home
Paint: 1,500sf: $4,000 3,000sf: $10,000
23 - 232
Sheetrock Repairs or Replace
Insulation
Doors
Foundation
Dumpsters?
General Contractor?
Mold Remediation?
Staging?
Miscellaneous
Total Repair Cost (Auto Calculated, Do Not Overwrite Field): 0.00 $0.00
$0.00
$0.00
$0.00
$0.00
Utilities: City Water / Well Town Sewer / Private Septic Natural Gas / Propane Heating System: Boiler / Furnace Heating Fuel: Oil / Gas Hot Water Fuel: Gas / Electricity / Oil Subtotal:
DEAL ANALYSIS CALCULATOR
Purchase Price:
Real Estate Commission on Resale (5%):
Total Profit:
Money Costs for 100% Financing of Purchase Price and Rehab Costs (est. @ 4 points & 8% interest, prorated for 6 months):
Estimated Sale Price:
Insurance (estimated):
Town Taxes (estimated):
Closing Costs(estimated):
Sheetrock and Finish: $3.00sf
Wall/Floor Insulation: $1.00 - $1.50 per/sf Attic (blown in): $1.00 per/sf Interior: $200 Per Door (installed w/casing) Exterior Front: $1,000-$2,500 (installed) Slider: $1,000 (installed) Basement Basement Floor (poured): $100 per sq/yd Seal Basement: $200-$400 Sump Pump (installed): $1,000 French Drain: $150 per l/f Replace Stairs (wood): $1,500 - $2,000 Approx: $8,000 - $15,000
Excavation: $20.00 per l/f Backfill: $10.00 per l/f
GENERAL
$600 - $800 per dumpster
General Contractor Fee Typically 10% of Contract Amount Moderate Remediation: $2,000
Approx. $2,000
Repair Cost x .10
Tax Stamps ($4.56 per $1000):
Kitchen Appliance Package $100 - $350K Home: $2,200 - $2,500 $350 - $400K Home: $2,800 - $3,000
Bathroom Repairs Complete Full Bath: $3,500-$4,000 (cabinets, fixtures, electrical and plumbing) Complete Half Bath: $2,500 (cabinets, fixtures, electric and plumbing) or $1,000 per fixture Fixtures Only: Full bath $1,000 Half Bath $500
Vanity: $250 - $300 Toilet: $100 - $150 Tub/Shower (fiberglass): $500 - $700 Shower Stall w/ Surround (fiberglass): $400 Showerhead and Faucet Kit: $175 - $250 Flooring? Carpet $2.00sf
Tile: $1.75 - $2.50 per/sf Installation & Material (Cement Board, Thinset and Grout): $7.00 Vinyl = $5.00sf
Hardwood w/ Install = $7.00 sq ft Sand & Refinish= $2.50 sq ft Kitchen Remodel Cabinets: Economy = $3,500 - $4,000 Mid-Level = $4,000 - $5,000 High-End = $5,500 and up Granite: Economy = $2,000 - $2,750 or $35.00 - $38.00 per/sf Laminate/Formica = $800 - $1,250
23 - 233
- ----------------~-
I
H.B.I. Inspections
7. Fee Schedule
Fee Overview:
Home and Structures up to 1,500 sq. ft. per unit, $1.40 per sq. ft.
Home and Structures over 1,500 sq. ft. per unit, $1.10 per sq. ft.
Less than 1,000 sf. = $1,500 2,501 to 3,000 sf. = $3,300 1,001 to 1,500 sf.= $2,250 3,001 to 3,500 sf. = $3,850
1,501 to 2,000 sf.= $2,220 3,501 to 4,000 sf. = $4,400
2,001 to 2,500 sf = $2,750
Additional Fees:
Historical Homes and Homes over 60-years-old
A. Interior Add of $399.00 Per Structure
B. Exterior Add of $599.00 Per Structure
Other Fees if applicable:
C. Detached Garage Add, of $499.00 each (applicable for garage on first level of one unit)
D. Basements, Add $499.00
E. Under home crawl space, Add $499.00
F. Non permitted additions, $2.00 per sq. ft.
G. Any sq. footage not-include or disclosed: garages, extra buildings add-on, are at additional fees per cost structure above.
H. Swimming Pools, Add $499.00
I. Material extraction and lab testing. (mold, asbestos, lead paint, radon gas, etc.) $450.00 per item.
J. Wells, Pumps, Water Holding Tanks. Negotiated.
K. Infrared, building envelope. This service is for heat and or air condition loss thru wall and ceilings. Negotiated.
L. Cost Estimating of Repairs. Fee $130.00 hr.
All units to be assessable for inspection on day and time of request. Non-assessable building trip charge is at $200.00 plus milage if access to the units is not available.
Insurance: We have attached a copy of our insurance certification Primary Contact Person and authorized signor: Darrell Holmes E-M ail: [email protected]
Web Site: www.HBIinspections.com
Contact Person: Darrell Holmes
HBI Inspections 5972 Crestmont Dr. Chino Hills Ca. 91709 P. 951-712-2017 23 - 234
f __ _
Special Inspections: Additional services we provide are listed below.
Certified Solar Inspectors: To separate ourselves from other inspections companies, as far as we know, HBI Inspections, is the only inspection company with certified Solar System Inspectors. This certification from Cal State University, a Six (6) week extensive class on all levels of Solar and Installation. This certification is extremely beneficial to our district clients, as this ensures a trained expert will oversee your investment, as only a certified inspector can.
Hazardous Material Certification: CCR Title 8 Lead, Asbestos, Mold, Air Quality Management, and Radon Gas.
To separate ourselves from other inspection companies and bring additional true value to our clients, we have inspectors certified in Hazard Material to includes Recognition, Evaluation, Protection and Proper Handling of such Hazardous Materials.
Infrared Testing and Examination: This service is for heat and or cool air loss thru wall and ceilings of a building envelope for energy efficiency programs.
Swimming Pool Inspections: This service is for pool, pump condition and filters.
Construction Estimating: We provide in house expert cost estimates of repairs when requested. In addition, we also use third-party estimator for major structural issues, complex roof replacements, concrete, pool repairs etc. These third-party estimators use our home inspection report for takeoffs as it relates to square footage and quantity takeoffs. We have attached a sample of form sheet.
HBI Inspections 5972 Crestmont Dr. Chino Hills Ca. 91709 P. 951-712-2017 23 - 235
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
5/30/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
CONTACT Tina Cowie NAME:
PHONE (714)731-7700 (A/C, No, Ext):
FAX (714)731-7750 (A/C, No):
E-MAIL [email protected] ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :Valley Forge Insurance Company 20508
INSURED
HBI Inspections
5972 Crestmont Drive
Chino Hills CA 91709
INSURER B :Transportation Insurance Co 20494
INSURER C :Travelers Casualty & Surety Co. of 31194
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:17/18 COVERAGES REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY
6012295677
Per Form #SB300176C
As Required by Written
Contract
Contractual Liab Incld
EACH OCCURRENCE $ 2,000,000
A CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $ 300,000
X ADDTL INSRD/PRIMARY X 7/28/2017 7/28/2018 MED EXP (Any one person) $ 10,000 X BLNKT WAIVER OF SUBRO PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PROLOC PRODUCTS - COMP/OP AGG $ 4,000,000 JECT OTHER: $
A
AUTOMOBILE LIABILITY
6012295677 7/28/2017 7/28/2018
COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON-OWNED
AUTOS
BODILY INJURY (Per accident) $
X X
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
N / A
X
PER
STATUTE
OTHER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 B
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) 6012299700 7/28/2017 7/28/2018 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability
Claims Made
106344456 7/28/2017 7/28/2018 Each Claim
Annual Aggregate
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period.
CERTIFICATE HOLDER CANCELLATION
Santa Monica College
Purchasing Department
1900 Pico Blvd.
Santa Monica, CA 90405
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Tina Cowie/SGL
ACORD 25 (2014/01)
INS025 (201401)
© 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo
23 - 236 are registered marks of ACORD
ACORD®
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PSA Exhibit B
HBI Inspections – Estimated Pricing Table
FULL ADDRESS HIST TYPE BED BATH SF YEAR SF$ Hist $ Crawl $ Detach $ Testing$ Sewer$ Repair$ TOTAL 1008 HOPE STREET X MFR 2 1 1,337 ? 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 1008 HOPE STREET (BLDG 2) X MFR 1 1 805 ? 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 1008 HOPE STREET (BLDG 3) X MFR 1 1 846 ? 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 1039 GREVELIA STREET MFR 1 1 744 1925 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 1039 GREVELIA STREET (BLDG 2) MFR 1 1 944 1925 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 1110 GLENDON WAY X SFR 5 2 2,916 1908 3,300$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 7,117$ 1131 COLUMBIA STREET X SFR 6 4 5,586 ? 4,400$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 8,217$ 1707 MERIDIAN AVENUE X SFR 2 1 1,131 1920 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 215 FAIRVIEW AVENUE VACANT216 FAIRVIEW AVENUE X SFR 2 1 1,380 1910 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 217 FREMONT AVENUE X SFR 3 2 2,081 1922 2,750$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,567$ 225 FREMONT AVENUE X SFR 4 2 1,956 1950 2,750$ 998 $ 499 $ 900 $ 400 $ 520 $ 6,067$ 302 FAIRVIEW AVENUE SFR 2 1 1,360 ? 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 529 PROSPECT AVENUE SFR 2 1 1,107 1936 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 530 ORANGE GROVE AVENUE SFR 2 2 1,474 1951 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 534 ORANGE GROVE AVENUE SFR 2 1 1,650 1960 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 535 MERIDIAN AVENUE SFR 4 1 3,778 1926 4,400$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 8,217$ 540 PROSPECT AVENUE SFR 2 1 1,119 1953 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 773 BONITA DRIVE SFR 2 1 1,102 1926 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 808 VALLEY VIEW ROAD SFR 2 2 1,276 1950 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 822 VALLEY VIEW ROAD SFR 2 1 1,118 1938 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 885 ONEONTA DRIVE SFR 2 1 1,114 1924 2,250$ 998 $ 499 $ 500 $ 900 $ 400 $ 520 $ 6,067$ 901 BONITA DRIVE SFR 2 1 1,032 1924 2,250$ 998 $ 499 $ 900 $ 400 $ 520 $ 5,567$ 55,850$ 21,956 $ 10,978$ 6,500 $ 19,800$ 8,800 $ 11,440$ 135,324 $ 23 - 237
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24 24 - 1
City Council
Agenda Report ITEM NO.
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager pf_;
PREPARED BY: Paul Riddle, Fire Chief
SUBJECT: Public Hearing on Charges Assessed by the County Recommendation
of Los Angeles Department of Agricultural Commissioner
Weights and Measures for the Abatement of Hazardous
Vegetation on Respective Parcels of Unimproved Private
Properties Constituting a Fire Hazard
It is recommended that the City Council, after holding a Public Hearing to allow property owners with pending weed abatement charges the opportunity to question or receive an explanation of pending charges, confirm the 2022 Los Angeles County Declaration List of Charges (LACo Declaration List).
Background
The vegetation management program offered through the County of Los Angeles is available to all 88 cities in Los Angeles County. The City has participated in this program since 2011. The program is an efficient and effective method to mitigate the fire hazards associated with the annual growth of grass, brush, and native vegetation.
Fire Department staff works closely with the Agricultural Commissioner's Office to respond to questions from homeowners relating to brush clearance and hazard abatement procedures.
Deputy Director/Bureau Chief Raymond B. Smith of the Agricultural Commissioner's office sent notice to the owners of each of the affected properties on or before February 1, 2022, advising them of the need to maintain parcels free from hazardous vegetation. On February 2, 2022, the City Council adopted Resolution No. 7748, which designated the County as the proper party to give notice to destroy seasonal and recurrent weed abatements which are a fire nuisance. The annual weed abatement notice also advised property owners that the City will be holding two Public Hearings to hear any objections to the program. The first hearing took place on February 16, 2022 and the second will take place tonight during the July 20, 2022 City Council Meeting.
Analysis
On an annual basis, the County of Los Angeles Agricultural Commissioner/Weights and Public Hearing of 2022 Charges for Weed Abatement
July 20, 2022
Measures provides brush clearance and vegetation management services within the City of South Pasadena (City). The vegetation management program inspects unimproved and designated private properties within the City. Owners of properties that are identified in the LACo Declaration List are sent annual weed abatement notices advising them of the requirement to maintain their parcels in fire safe conditions. If the property owners elect not to abate brush and native vegetation fire hazards, the County of Los Angeles facilitates the hazard abatement and assesses fees to recover costs.
The LACo Declaration List identified 90 properties in the City that require an inspection and or clearance of hazardous vegetation.
Fiscal Impact
The City incurs no financial liability for the inspection or abatement of the brush and vegetation on the designated private properties. Property owners who elect not to abate vegetation fire hazards are assessed fees through the County of Los Angeles for inspection and abatement costs.
Community Outreach
On or before February 1, 2022, the County of Los Angeles Agricultural Commissioner’s Office sent out annual weed abatement notices to property owners of the properties identified in the LACo Declaration List advising them of the Public Hearing.
Public Noticing
Notice was published July 1, 2022 in the South Pasadena Review. In addition, the County of Los Angeles Agricultural Commissioner’s Office sent out annual weed abatement notices to affected property owners advising them of the Public Hearing.
Attachments:
1. Resolution No. 7748
2. 2021 - 2022 Report on the Cost of Weed Abatement
24 - 2
ATTACHMENT 1
Resolution No. 7748
24 - 3
RESOLUTION NO. 7748
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
DECLARING THAT WEEDS, BRUSH, RUBBISH
AND REFUSE UPON OR IN FRONT OF SPECIFIED
PROPERTY IN THE CITY ARE A SEASONAL AND
RECURRENT PUBLIC NUISANCE AND DECLARING
IT'S INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
BE IT RESOLVED THAT, pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of South Pasadena (City) specifically finds:
SECTION 1. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or private property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious, dangerous, or a public nuisance.
SECTION 2. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions that endanger the public safety by creating a fire hazard.
SECTION 3. That by reason of the foregoing fact, the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property, constitute a seasonal and recurrent public nuisance and should be abated as such.
SECTION 4. That the private property, together with streets and sidewalks in front of same herein referred to, is more particularly described as follows, to wit: That certain property described in the attached list hereto as "Exhibit A," and by this reference made a part hereof as though set forth in full at this point.
SECTION 5. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
BE IT THEREFORE RESOLVED, pursuant to the findings of fact, by this Council heretofore made, that the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore 24 - 4
24 - 5
described constitute and are hereby declared to be a seasonal and recurrent public nuisance that should be abated. The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail and said notice shall be substantially in the following form to-wit:
NOTICE TO DESTROY WEEDS,
REMOVE BRUSH, RUBBISH AND REFUSE
Notice is hereby given that on February 2, 2022, the City Council of the City of South Pasadena passed or will pass a resolution declaring noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish refuse were growing or occurring upon or in front of said property on certain streets in said city or unincorporated area of the County of Los Angeles, and more particularly described in the resolution, and that they constitute a fire hazard or public nuisance which must be abated by the removal of said noxious or dangerous vegetation, rubbish and refuse, otherwise they may be removed and the nuisance abated by County authorities and the cost of removal assessed upon the land from or in front of which the noxious or dangerous vegetation, rubbish and refuse are removed, and such cost will constitute a special assessment against such lots or lands.
Reference is hereby made to said resolution for further particulars. In addition, the Board of Supervisors authorized and directed the Agricultural Commissioner to recover its costs of details. All property owners having any objections to the proposed removal of noxious or dangerous vegetation, rubbish and refuse and the recovery of inspection costs, are hereby notified that they may attend a Public Hearing of the City Council of said city to be held at 1424 Mission Street, South Pasadena, CA 91030, in the Council Chamber on February 16, 2022, at 7:00 p.m., where their objections will be heard and given due consideration. If the property owner does not want to present objections to the proposed removal of the noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse, or the recovery of inspection costs, the owner need not ppear. at the above-mentioned hearings.
BE IT THEREFORE RESOLVED THAT the Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspections. The recovery of these costs is vital to the ongoing operation governing the identification and 24 - 6
abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety.
BE IT FURTHER RESOLVED THAT the 16th day of February, 2022, at the hour of 7:00 p.m. of said day, is the day and hour, and the meeting room of the City Council (virtual meeting room pursuant to AB 361 Government Code section 54953, subdivision (e)(3)) of the City of South Pasadena is fixed by this City Council as the place when and where any and all property owners having any objections to the aforesaid proposed removal of weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material may appear before the City Council and show cause why said weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material should not be removed in accordance with this resolution, and said objections will then and there be heard and given due consideration.
BE IT RESOLVED THAT the notices to destroy weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material hereinbefore referred to shall be mailed by said Agricultural Commissioner/Director of Weights and Measures at least ten days prior to February 16, 2022.
PASSED, APPROVED AND ADOPTED ON this 2rd day of February, 2022. !JJ!«IU-(1d; Michael A. Cacciotti, Mayor
ATTEST: 0 FORM:
~ Christina Munoz, Deputy City Clerk
24 - 7
STATE OF CALIFORNIA)
CITY OF SOUTH PASADENA
CITY CLERK'S DIVISION
CERTIFICATION
OF
RESOLUTION
COUNTY OF LOS ANGELES) SS
CITY OF SOUTH PASADENA)
I, Christina Munoz, Deputy City Clerk of the City of South Pasadena, do hereby certify that Resolution No.7748, was duly and regularly approved and adopted at a Regular meeting of the City Council on this 2nd day of February, 2022 by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES: Mahmud, Zneimer, Donovan, Primuth, Cacciotti
NOES: None
ABSENT: None
ABSTAIN: None
Cnristina Munoz
Deputy City Clerk
ATTACHMENT 2
2021 – 2022 Report on the Cost of Weed Abatement
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KEY MAPBOOK
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CITY OF SOUTH PASADENA
WEED ABATEMENT CHARGES
PAGE PARCEL ZONE
002 064 06
002 070 06
002 072 06
020 027 06
021 001 06
022 002 06
022 003 06
022 004 06
022 005 06
022 009 06
023 007 06
023 008 06
023 015 06
024 017 06
024 034 06
025 027 06
027 007 06
027 008 06
027 016 06
027 017 06
027 018 06
027 019 06
027 020 06
031 001 06
031 039 06
031 040 06
031 041 06
031 042 06
031 052 06
031 053 06
031 054 06
031 055 06
032 006 06
032 009 06
032 012 06
032 044 06
032 045 06
034 004 06
021 009 06
022 013 06
026 010 06
026 011 06
001 018 06
007 019 06
008 033 06
008 039 06
1 July 7, 2022
CITY CODE CHARGES
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 724.03
654 619.75
654 45.05
654 45.05
654 758.79
654 45.05
654 45.05
654 45.05
654 1,175.91
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 843.09
654 1,207.03
654 1,180.96
654 1,128.82
654 1,259.17
654 45.05
654 886.54
654 45.05
654 851.78
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 686.67
654 45.05
654 4'5.05
654 45.05
654 45.05
654 45.05
654 45.05
654 1,041.92
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MAPBOOK
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CITY OF SOUTH PASADENA
WEED ABATEMENT CHARGES
PAGE PARCEL ZONE
009 055 06
009 056 06
009 057 06
009 058 06
010 010 06
010 012 06
010 015 06
010 027 06
010 028 06
010 029 06
010 030 06
014 042 06
014 043 06
014 048 06
015 005 06
015 006 06
015 022 06
015 023 06
017 020 06
017 021 06
002 005 06
002 007 06
002 008 06
002 009 06
002 025 06
016 014 06
016 015 06
016 016 06
016 017 06
017 025 06
017 042 06
017 043 06
017 044 06
017 049 06
020 012 06
020 022 06
005 017 06
005 021 06
005 045 06
006 005 06
007 017 06
008 014 06
018 010 06
026 050 06
TOTAL IMPROVED PARCELS = 0
2 July 7, 2022
CITY CODE CHARGES
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 732.72
654 489.40
654 854.38
654 697.96
654 1,323.64
654 1,002.11
654 45.05
654 45.05
654 1,215.72
654 1,606.77
654 1,424.28
654 1,528.56
654 1,667.60
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
654 45.05
TOTAL CHARGE $0.00
24 - 11
KEY
CITY OF SOUTH PASADENA
WEED ABATEMENT CHARGES
July 7, 2022
MAPBOiJK PAGE PARCEL
24 1 ZONE ---i Cln'i:oDE CHARGES
TOTA_L UNIMPROVED PARCELS =_j__ __ .__,_. __ TOTAL ~~ARGEi $24,907.60 . TOTAL INSPECTl9N !_~ _ON_LY PCLS =i 66 1 TOTAL CHARG q __ $2,973.30 j L_ ___________________________ TOTAL _PARCELS ! _________ ___ 90j __________________ TOTAL CHARGEl $27,880.90 1 3 25
25 - 1
DATE:
FROM:
PREPARED BY:
SUBJECT:
Recommendation
City Council
Agenda Report
July 20, 2022
Armine Chaparyan, City Manager /J1---
Brian Solinsky, Chief of Police
Alison Wehrle, Management Analyst
ITEM NO.
Review of Resident Request for Addition of a Second Crossing Guard at the Intersection of Huntington Drive and Marengo Avenue During the 2022-2023 School Year
It is recommended that the City Council provide direction regarding the request for the addition of a second crossing guard at the intersection of Huntington Drive and Marengo Avenue during the 2022-2023 school year.
Background
Historically, the South Pasadena Police Department has managed the contract for crossing guard services provided by vendor All Cities Management Services, Inc. (ACMS), which has been in place since 2016. Prior to 2016, the City and the Police Department were responsible for the hiring, training, and staffing of crossing guards for the South Pasadena Unified School District. The Police Department was met with frequent staffing challenges due to the difficultly in recruiting for irregular working hours, and in 2016, the City Council approved a contract with ACMS for adult crossing guard services. ACMS holds over 30 years of experience, with 260 existing programs in 25 states, making the company the largest and most experienced crossing guard provider in the country, with contracts in place in a number of Southern California municipalities.
ACMS assumes complete responsibility for managing all aspects for crossing guard service and any liability issues that may occur through providing general liability and workers' compensation insurance coverage.
The City has occasionally received requests for additional crossing guards at various locations throughout the City. These requests are typically received from parents of elementary school-aged children. Staff recently received a request for the addition of a second crossing guard at the intersection of Huntington Drive and Marengo Avenue, serving Marengo Elementary School.
Crossing Guard request at Huntington and Marengo
July 20, 2022
Analysis
Huntington Drive is an asphalt-paved street which runs east-to-west through the City in both commercial and residential areas, and has a posted speed limit of 40 miles-perhour. Huntington Drive has three lanes of travel in each direction, a concrete center median, dedicated turn pocket lanes with protected turn arrows for both north and south-bound turns onto Marengo Avenue, along with curb parking on the north and south sides of the street. Marengo Avenue is an asphalt-paved street, which runs north-south through residential portions of the City. The speed limit on Marengo Avenue is 25 miles-per-hour, with the exception of the area near Marengo Elementary School on the 1400 block, where the speed limits lowers to 15 miles-per-hour when children are present. Marengo Avenue contains one lane of through traffic in each direction, with dedicated turning lanes at both the north and south approaches to Huntington Drive, and striped class II bicycle lanes.
Police Department staff compiled available data for traffic collisions on Huntington Drive, between Fair Oaks Avenue and Fletcher Avenue for recent years, and the totals can be found below in Table 1, below:
Year Number of Traffic
Collisions
2018 21
2019 19
2020 12
2021 18
2022 6 (Year-to-date)
ACMS currently staffs crossing guards at 10 locations throughout the City, with a projected 6,350 approximate number of billing hours for the 2022-2023 school year.
This includes 180 school days per year for both the standard school year and summer school, with adjustments for both early and regular release days. At the agreed-upon hourly rate of $30.32 per hour for each of the ten crossing guards, the projected cost for the 2022-2023 school year is $192,511.38.
The first year of the City’s final two-year extension of the current contract begins July 1, 2022, and at this time, includes no changes to the number or deployment of crossing guards within the City, as shown below in Table 2 below. In the event of an emergency or unanticipated absence of a crossing guard, Police Cadets or other Police Department personnel may fill in for the vacancy of a crossing guard.
Table 2
Location School
Marengo Avenue and Rollin Street Marengo Elementary
Marengo Avenue and Monterey Road Marengo Elementary
Marengo Avenue and Mission Street Marengo Elementary
25 - 2
Crossing Guard request at Huntington and Marengo
July 20, 2022
Marengo Avenue and Oak Street Marengo Elementary
Marengo Avenue and Huntington Drive Marengo Elementary; shares hours with South Pasadena Middle School
Marengo Avenue and Bank Street Marengo Elementary
Via Del Rey and Camino Cerrado Monterey Hills Elementary Fair Oaks Avenue and Oak Street South Pasadena Middle School Pasadena Avenue and El Centro Street Arroyo Vista School El Centro Avenue and Cawston Street Arroyo Vista School Police Department staff has received a quote of $19,570.95 for the cost of an additional crossing guard, which would require an amendment to bring the annual contract to $212,082.34. A similar crossing guard request was received in December 2018 for the area of Via Del Rey and Indiana Avenue. A Traffic Engineer was consulted to review the area, and it was determined that the most effective plan of action would be to add paddles to the roadway reminding drivers to yield to pedestrians in the crosswalk.
In 2019, City staff began putting together a draft crossing guard policy for review by the Public Safety Commission and the City Council. The item was originally agendized with the Commission for February, but was removed from the agenda, intending to be returned at a later time. The item was not deemed a priority due to the school shut downs in early 2020, and therefore did not go before the City Council. The City Council may choose to request to review a crossing guard policy for implementation of guidelines for the City. This would establish criteria, while adding consistency and transparency when addressing future requests received.
As an alternative, the City Council could provide direction to City staff to explore a number of traffic engineering options. These options could include the collection of pedestrian count data at the intersection of Huntington Drive and Marengo Avenue during peak school commuting hours as well as a formal review of the intersection by a licensed Traffic Engineer. An Engineer would be required in order to review pedestrian signal timing and other intersection adjustments. For example, an Engineer may reach findings that support the recommendation of a pedestrian-leading interval for signal timing, the removal of north-south crossing on one side of the intersection, modified crosswalk markings or design, etc. The contracted Traffic Engineer would cost approximately $2,500. Additionally, in some municipalities, the crossing guard service is managed by, or has shared responsibility with, the local school district, which can be further explored with Council’s direction.
Fiscal Impact
The cost to add an additional crossing guard to the intersection of Huntington Drive and Marengo Avenue for the 2022-2023 school year would be $19,570.95, in addition to the Police Department’s existing agreement with ACMS. This would bring the total for the year to $212,082.34, payable out of the Police Department’s Contract Services account 25 - 3
Crossing Guard request at Huntington and Marengo
July 20, 2022
101-4010-4011-8180. This additional appropriation of $19,570 would need to be allocated from General Fund reserves.
The costs of Traffic Engineering options may be shared between the Police Department and the Public Works Department. Cost may range from approximately $500 for pedestrian counts, to approximately $2,500 for formal review by a traffic engineering firm, notwithstanding implementation of any potential recommended changes.
Alternatives for Considerations
1. Direct Staff to return with a draft crossing guard policy to establish criteria for placement of crossing guards.
2. Direct Staff to have pedestrian traffic counts conducted at the intersection of Huntington Drive and Marengo Avenue at the start of the regular school year during peak student commuting times during the school day.
3. Direct staff to obtain recommendations from a qualified traffic engineering firm to review potential traffic engineering changes such as, but not limited to: leading pedestrian interval signal timing, removal of north-south crossing on one side of the intersection, alternative crosswalk design options to increase visibility, etc.
4. Any combination of the above-listed options.
Commission Review and Recommendation
This matter was reviewed by the Public Safety Commission on June 13, 2022. The Commission recommended the addition of a second crossing guard at the intersection of Huntington Drive and Marengo Avenue to the City’s contract, and also that the City obtain the services of a licensed Traffic Engineer to review the intersection.
Attachments:
1. Current ACMS Contract for 2022-2023 School Year
2. Quote for Additional Crossing Guard
25 - 4
ATTACHMENT 1
Current ACMS Contract for 2022-2023 School Year
25 - 5
25 - 6
DocuSign Envelope ID: 0256F354-5013-4421-931 A-4CF733062F9E
AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated May 16, 2022 and is between the CITY OF SOUTH PASADENA (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESS ETH
The parties hereto have mutually covenanted and agreed as follows:
l. This Agreement is for a term which commences on or about July I, 2022 and ends on June 30, 2023 and for such term thereafter as the parties may agree upon.
2. The Contractor will provide personnel equipped and trained in appropriate procedmes for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred lo as a "Crossing Guard".
The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. Under no circumstances shall Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor's or any of its employees' previously earned California Public Employees Retirement System ("CalPERS") retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers compensation, and other applicable federal and state taxes.
3. The City's representative in dealing with the Contractor shall be designated by the South Pasadena Police Department.
4. If, at any time during the contract period, the City questions the meaning of any item of this Ag!'eement, the City may contact, the Contractor for interpretation of that item.
5. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are talcing place al the required places and times, and in accordance with the terms of this Agreement.
6. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work al the assigned time and location and agrees to provide immediate replacement.
7. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in 1 25 - 7
DocuSign Envelope ID: 0256F354-5013-4421-931A-4CF733062F9E which the Services are to be performed.
8. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
9. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City's jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
10. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.
11. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide City a Certificate of Inswance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $2,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the designee for the City of South Pasadena.
12. Contractor agrees to indemnify the City, its officers, employees, agents. and will hold and save each of them hannless from, any and all actions, claims for damages to persons or property, penalties. obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the intentional or negligent acts, errors or omissions of Contractor, its agents, employees, subcontractors, representatives or invitees, provided herein.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) Contractor will promptly pay any judgement rendered against the City, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the alleged negligence of Contractor hereunder. Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
2 25 - 8
DocuSign Envelope ID: 0256F354-5013-4421-931A-4CF733062F9E
13. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
14. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.
15. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty Dollars and Thirty-two Cents ($30.32) per hour, per Crossing Guard during the term.
This pricing is based on a minimum of ten (10) sites and upon a projected 6,350 billing hours, unless Contractor fails to perform service.
Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject. Contractor shall provide City with 60 daysnotice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.
16. Contractor shall not assign any employee with previously earned California Public Employees Retirement System ("CalPERS') retirement benefits to provide services to the City, nor pennit any of its employees to exceed 19 hours per week of service in the performance of this Agreement.
In the event that Contractor of any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
17. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice.
18. The City shall have an option to renew this Agreement. In the event this Agreement is ex.tended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.
19. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. ff any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. 3 25 - 9
DocuSign Envelope ID: 0256F354-5013-4421-931 A-4CF733062F9E [SIGNATURES FOLLOW ON NEXT PAGE]
4 25 - 10
DocuSign Envelope ID: 0256F354-5013-4421-931A-4CF733062F9E IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
CITY CONTRACTOR
City of South Pasadena AU City Management
(aDocuSign&tt by,
By }V::,':!::J!:::f m,~
Annine Chaparyan, City Manager
Date ___________ 5/19/2022 _ Date. _ _ 61~P-~/4_~
__ _ ~ 7
5 ATTACHMENT 2
Quote for Additional Crossing Guard
25 - 11
1 Alison Wehrle
From: Shannon Robledo
Sent: Tuesday, May 17, 2022 11:40 AM
To: Alison Wehrle
Subject: FW: Additional Site Costs (Huntington & Marengo) Attachments: South Pasadena 2022.2023 Worksheet with additional site.xls From: David Mecusker [mailto:[email protected]] Sent: Tuesday, May 17, 2022 11:23 AM
To: Shannon Robledo <[email protected]>
Subject: Additional Site Costs (Huntington & Marengo)
CAUTION: This email originated from outside of the City of South Pasadena. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good Morning Sgt. Robledo,
Here is that additional costs annually for the additional site:
3.42 144 492.48 $30.32 = $14,931.99
1 Sites at 3.42 hrs. per day Total
Hrs/day X
days/yr X Hourly Billing
Rate
Additional Site at Huntington & Marengo
4.25 36 153 $30.32 = $4,638.96
ER at 4.25 hrs for above Total
Hrs/day X
days/yr X Hourly Billing
Rate
Additional Site at Huntington & Marengo
The total costs annually for this site would be $19,570.95.
I have added an updated worksheet that includes this site along with the others for next year, so that you can get a good idea of the total costs including this site. If this would to be approved please let me know and I will update our services contract for 22/23.
DAVID MECUSKER
MARKETING & CONTRACTS MANAGER
[email protected]
Direct (310) 202-8284 Ext. 107
All City Management Services
"The Crossing Guard Company"
(800) 540-9290
www.acmssafety.com
Keeping Kids Safe
25 - 12
I I I I I I
0 City Council
Agenda Report
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager _F'(G'
PREPARED BY: H. Ted Gerber, Director of Public Works
ITEM NO.
SUBJECT: Discussion and Direction on City Hall Electrification & Related Improvement Projects
Recommendation
It is recommended that the City Council:
1. Provide direction on the City Council's interest in participating in the Southern California Edison (SCE) Charge Ready Program, including consideration of a 10- year commitment to share the cost of installing Level 2 electric vehicle chargers at City Hall parking lots (police department, fire department, and employee parking lots) to support Public Safety fleet electrification;
2. Provide direction to City staff on developing plans to install Level 3 electric vehicle chargers in the City Hall Police Department parking lot to support Public Safety fleet electrification;
3. Provide direction on the City Council's interest in participating in the Clean Power Alliance (CPA) Power Ready Program, including consideration of up to a 20-year commitment, to facilitate installation of solar panels at the Hope/Mound City parking lot and battery backup systems at City Hall to support building electrification;
4. Provide direction on the City's participation in the Metropolitan Water District (MWD) Stormwater for Direct Use Pilot Program, including cost sharing the installation of stormwater capture and reuse equipment in and around the City Hall parking lots, to support related sustainability electrification improvements;
5. Set a date for a public hearing to adopt contracts for energy conservation/alternative energy supply, pursuant to California Government Code Section 4217.10.
Background
The City's sustainable transportation and electrification objectives outlined in the City's Climate Action Plan (CAP), adopted in December 2020. These goals include:
• A municipal-sector goal (CAP M.2) to electrify the municipal fleet and mobile equipment and install electric vehicle charging stations at City buildings; • A transportation-sector goal (CAP T.1) to increase zero-emission vehicle and equipment to 13% by 2030 and 25% by 2045.
26 26 - 1
City Hall Electrification & Related Improvement Projects July 20, 2022
• An energy-sector goal (CAP E.4) to develop and promote reduced reliance on natural gas through increased clean energy systems that build off of renewable energy development, production, and storage.
The CAP also identifies these initiatives as ‘high cost’ goals due to the significant infrastructure investments required. Therefore, in 2021, City staff began pursuing project and funding opportunities to implement electrification infrastructure at City Hall, including planning for electric vehicle chargers, photovoltaic solar panels, and battery backup systems. In this effort, City staff worked with Southern California Edison (SCE) and the Clean Power Alliance (CPA) to identify assistance programs to implement electrical infrastructure at City Hall at relatively low cost and substantial benefit to the City. The City also identified an infrastructure-funding program from Metropolitan Water District (MWD) to implement stormwater capture and reuse improvements at City Hall, corresponding to the identified electrification updates.
This item seeks City Council discussion and direction on policy matters related to converting public safety fleet vehicles from gas-powered to electric-powered, and constructing the infrastructure necessary to support this conversion. As South Pasadena’s public safety fleet vehicles age beyond their useful service life, there is an immediate need to replace Police Department patrol, detective, and pool vehicles, and Fire Department administrative vehicles. This report focuses on the infrastructure component of this discussion, and the vehicle component is presented in a separate report.
Overview
A description of four program opportunities related to electrification and related improvement opportunities that could be utilized individually or in combination, are listed below.
1. SCE Charge Ready Program (Level 2 Chargers): An opportunity to install thirtyfour (34) Level 2 electric vehicle chargers through the SCE Charge Ready Program in the three parking lots behind City Hall: the Police Department, Fire Department, and City Staff parking lots. For reference, Level 2 chargers can fully charge an electric vehicle overnight. If the Council decides to move forward with this opportunity at a future public hearing, the SCE Charge Ready program requires the City to enter into a 10-year agreement, where the City procures, installs, and maintains the chargers, while SCE funds and installs the electrical infrastructure (transformers, service wiring/conduits, panels and wiring, and meters) to support the chargers. The infrastructure would be owned and maintained by SCE, and the City would need to grant SCE an easement through the parking lot areas. In order to meet SCE’s minimum cost-benefit of electrical support infrastructure, thirty-four (34) is the minimum number of chargers required for this installation. The chargers must be powered from SCE’s electrical system (not solar or battery) and must be selected from SCE’s approved product list. The SCE agreement (Attachment 1) includes certain 26 - 2
City Hall Electrification & Related Improvement Projects July 20, 2022
indemnification, liability, early termination costs, demand response, data collection/reporting, and network service provider requirements. The sample easement is included as Attachment 2, and the conceptual installation plan is included as Attachment 3.
2. City Installation of Level 3 Chargers: Utilization of General Fund Capital Improvement Program (CIP) designated funds to develop plans to install Level 3 electric vehicle chargers in the City Hall Police Department parking lot to support Public Safety fleet electrification. For reference, Level 3 chargers can fully charge an electric vehicle in as little as 30-60 minutes. Full electrification of the Police fleet would require both Level 3 and Level 2 chargers. Partial electrification of the Police fleet would require at least Level 3 chargers.
3. Clean Power Alliance Power Ready Program: An opportunity to install energy resiliency solar photovoltaic panel power generation and battery energy storage backup equipment through the CPA Power Ready Program, described in Attachment 4. The City and CPA identified site is the City owned public parking lot located at the southeast corner of Hope Street and Mound Avenue, across the street from City Hall. The system will support the critical electrical usage at City Hall, but the system will not power SCE Charge Ready Level 2 electric vehicle chargers, if installed. CPA will include the City’s site in a portfolio of other member agency sites and issue a competitive Request for Offers to be bid by solar/storage developers, who will construct, install, own, operate, and maintain the installation at their cost. The City will lease the site to the developer for a term up to twenty (20) years. The City will pay less or the same rate for electric service to the CPA, than it would have if it did not participate in the Power Ready program, but with an additional benefit of continued service during power outages, up to four (4) hours of power supply for critical loads. If the Council decides to move forward with this opportunity at a future public hearing, the CPA template agreement (Attachment 5) includes certain procurement, insurance, and indemnification requirements. The CPA’s site assessment overview is included as Attachment 6.
4. Metropolitan Water District (MWD) Stormwater for Direct Use Pilot Program: An opportunity to install new underground cisterns inside the existing City Hall staff parking lot, as well as drainage improvements in the surrounding area to redirect stormwater runoff to the cisterns through the 1:1 cost sharing MWD Stormwater for Direct Use Pilot Program. The project also includes improvements and minor alterations to existing landscaping, and an irrigation system to utilize the stored stormwater for landscape irrigation with solar powered pumps. The MWD requires the City to measure and report stormwater capture and use, with a minimum design capture of one acre-foot per year. An overview of the MWD Stormwater for Direct Use Pilot Program is included in Attachment 7. If the Council decides to move forward with this opportunity, the MWD agreement 26 - 3
City Hall Electrification & Related Improvement Projects July 20, 2022
(Attachment 8) includes certain procurement, insurance, indemnification, and intellectual property use requirements. Those provisions will be analyzed, and if applicable, negotiated, prior to bringing back for final approval. Conceptual plans for the system are provided in Attachment 9.
Analysis
SCE Charge Ready Program (Level 2 Chargers)
The California Public Utilities Commission (CPUC) issued a decision adopted on September 2, 2020 approving SCE’s Charge Ready program. The decision approved the 4-year program and $436 million in funding, comprised of approximately $417.5 million for charging infrastructure, $14.5 million for marketing, education, and outreach, and $4.3 million for an evaluation of the Charge Ready infrastructure and market education programs. The Charge Ready program supports both local air-quality requirements and California greenhouse gas (GHG) reduction goals, including a 40% reduction of GHG emissions from 1990 levels by 2030 and an 80% reduction by 2050.
The program provides financial and technical assistance to expand the charging infrastructure available for electric vehicles (EVs), where SCE non-residential customers apply for EV charger installation assistance for specific sites with SCE accounts. SCE is generally responsible for designing and installing the supporting infrastructure (transformers, service wiring/conduits, and meters), and participants are generally responsible for the selection, purchase, and installation of the charging equipment.
However, the City has selected a ‘Make-Ready SCE-Built’ program option where SCE, at their cost, installs the customer-side equipment including charger electrical panels, conduits, and wires, in lieu of the City procuring its own contractor to install equipment.
At present, the program does not support the installation of DC Fast Charging (DCFC) or Level 3 chargers, and only Level 1 or Level 2 chargers are being considered.
The City submitted applications for five (5) sites to be considered for Level 2 chargers:
• City Hall Police, Fire, and staff/public parking lots • Library/Senior Center street parking
• Parking lot at Arroyo North Park
• Parking within the Maintenance Yard at 825 Mission
• Parking within the Compressed Natural Gas (CNG) Refueling Station and Yard at Stoney Drive / Lohman Lane for Dial-A-Ride buses and City utility vehicles SCE evaluated each site for compliance with its program criteria, including proximity to transformers, adequate space for installation, public utilization, American Disabilities Act (ADA) access requirements, overall project complexity, cost thresholds, and other goals established by the CPUC.
The Library/Senior Center, Maintenance Yard, and CNG Station project applications were declined by SCE, as they were not viable candidates for cost-effective installations. The Arroyo North Park public parking site is still under consideration and may be a viable site to qualify for the program. The City Hall parking lots with a 26 - 4
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proposed collective count of thirty-six (36) Level 2 chargers, were selected as a viable candidate. This was later updated to thirty-four (34) Level 2 chargers, after a Direct Current Fast Charging (DCFC)/Level 3 electric vehicle charger co-funded by the City and South Coast Air Quality Management District (SCAQMD) Mobile Source Review Committee (MSRC), was installed in the Fire Department parking lot. One basis for this selection was the joint-municipal utilization by police and fire departments, and the availability of the City staff parking lot for public opportunity charging.
The subject parking area behind City Hall is divided into three sections: the Police Department lot to the west, the City staff lot to the east, and the Fire Department lot between the east and west parking lots. The City staff lot will require ADA improvements that will be included in the design and construction performed by SCE.
The Police and Fire parking lots will not require ADA improvements, as these areas are not accessible to the general public, and it is assumed that parking spots would be assigned to specific staff members. The conceptual installation plan for all three lots is included as Attachment 3.
Thirty-four (34) electric vehicle chargers would be installed across the three lots, where thirty-four is the minimum number required in order for this site to qualify for Charge Ready program acceptance. The sixteen (16) chargers in the Police Department lot would support the department’s transition of twenty (20) internal combustion engine vehicles to battery electric vehicles, while the four (4) chargers in the Fire Department lot would support that department’s transition of its two (2) administrative internal combustion engine vehicles, and support other City staff electric vehicles. Fourteen (14) chargers would be installed in the City staff parking lot, and primarily used by City staff during normal business hours, but also available for paid-access public use during all other times.
SCE funds and performs the installation of the necessary transformers, electrical panels, meters, and service wiring/conduits, and the City agrees to operate and maintain the system for ten (10) years, with monthly monitoring. The value of this SCEfunded design and construction work is estimated around $500,000 to $700,000. The City is responsible for installing the chargers and charger pedestals or wall mounts.
This initial investment is estimated at approximately $100,000, and has been appropriated from the General Fund by the City Council in the adoption of the annual Fiscal Year (FY) 2022-2023 Capital Improvement Program (CIP) budget.
SCE has prepared a participation agreement for the City to review (Attachment 1). If the Council wishes to move forward with this program opportunity, a future public hearing will be scheduled and appropriately noticed, during which the Council may approve the City’s engagement in the SCE Charge Ready program as an energy conservation project. If approved, the City must procure the necessary chargers and provide proof of procurement to SCE. SCE will then develop the preliminary design and site plans for the project, which the City must accept – then permitting, design, and construction may begin. The City must grant SCE an easement, a sample of which is 26 - 5
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included as Attachment 2, and install the charging equipment. Once the systems are installed as proposed, the City would then request applicable incentive rebates offered by SCE. From agreement to execution, the process is expected to take about 9 months.
City Installation of Level 3 Chargers
Several parking spaces on the south side of the Police parking lot near the SCE electric meter have been reserved apart from the SCE Charge Ready Level 2 plan, for the installation of additional DCFC/Level 3 electric vehicle chargers to quickly charge patrol vehicles between shifts. A budget of $250,000 has also been appropriated from the General Fund for this work by the City Council in the annual FY 2022-2023 CIP budget.
Level 3 chargers can fully charge an electric vehicle in as little as 30-60 minutes. Full electrification of the Police fleet would require both Level 3 and Level 2 chargers.
Partial electrification of the Police fleet would require at least Level 3 chargers.
The selection of this location within the Police Department parking lot was facilitated by its proximity to the station, current use as a patrol set-up area, and proximity to the SCE power supply switchboard and meter for City Hall. The City Hall meter is rated to provide 1000 amperes of electricity, and it is expected that the Level 3 chargers may be able to draw on this supply. However, much of the City Hall electrical equipment is located in the basement of the facility, underneath the central courtyard, and therefore Level 3 charger installation will likely require additional distribution hardware located in the Police Department parking lot, reducing parking space. An unleaded gasoline underground storage tank, which is currently in use, is also located in the Police Department parking lot. Pursuant to the direction provide by the City Council, City staff are prepared to move forward contracting a design professional to develop a plan for Level 3 charger installation at this location.
Clean Power Alliance Power Ready Program
The Clean Power Alliance (CPA) partners with SCE to deliver ‘green’ energy, including solar, wind, and hydroelectric to communities across Southern California. South Pasadena residents benefit from 100% green power/renewable energy services through the CPA.
In an effort to support community energy reliability, CPA offers a Power Ready program, which could provide the City an energy resiliency installation at no cost as an additional benefit to being a CPA member agency. Through the Power Ready program, City staff and CPA have worked to select City Hall and the adjacent Hope/Mound parking lot site at which CPA will install a solar panel array, battery energy storage system, and the supporting electrical infrastructure needed to interface with the current facility’s electrical system. Systems are installed at no cost to the City and no increase to monthly utility payments – including solar, storage, and resilience as additional value to existing electrical utility costs. This additional value is made possible by the electrical energy provided by the solar system and/or battery storage system, CPA’s ability to draw power from the batteries during peak demand (CPA Demand Response), and the energy 26 - 6
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arbitrage and the time-of-use configuration utilized to purchase electricity during offpeak lower rates and storing that energy for use during peak rates. In addition, the energy resiliency provided allows the facility to operate critical loads (less than 20% of the full load) for at least four hours during a power outage. The Power Ready program design stipulates that approximately 25% of the Battery Energy Storage System (BESS) capacity be maintained as a “Reserve Capacity” that is always ready for an unplanned outage. The remaining 75% of capacity may be used for daily energy management services, notably energy arbitrage and peak demand clipping.
During the site selection process, City staff nominated sites, considering community benefit, city logistics, emergency sheltering, public access, and communications, among other priorities. CPA’s contractor narrowed the selection to a site that would maximize economic value and provide resiliency to the critical loads identified at that site.
CPA’s selection criteria considered:
• a single facility/meter served by CPA
• energy resilience need
• community benefit
• a sufficient site energy use for net energy metering (NEM) solar offset • a means to identify and justify critical loads
• ideal space and electrical utility proximity
• modern switchgear and electrical equipment
• existing energy-efficiency
• the CalFire region or CalEnviroScreen Disadvantaged Community status, and • an ability to execute a site agreement without major constraints The City sites considered included City Hall, the Library, and Garfield Reservoir.
However, the age and geometric dynamics of the roofs, as well as tree canopy shading, added complications to selecting City Hall or the Library, and the initial evaluation yielded Garfield Reservoir as the priority selection. However, an idea emerged to install the solar panels in the City public parking lot adjacent to City Hall and transfer generated power via underground conduit to City Hall. This arrangement had previously been thought infeasible, as there were several program and regulatory restrictions to implement this configuration, including solar/storage equipment installed on two parcels and across a public right-of-way, aggregating multiple SCE accounts, and transferring power between two sites. South Pasadena’s CPA Board Director facilitated a review of these restrictions with SCE, and SCE confirmed that the conceptual design could move forward without any regulatory complication.
During initial feasibility analysis, South Pasadena and CPA’s contractor have received acceptance from the SCE planning department to combine the parking lot account and City Hall Complex account into a single account, to erect solar carports in the parking lot, and to use the solar panels to power City Hall loads, connecting the two via an underground conduit running under Mound Ave. In the event of a grid outage, the 26 - 7
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Power Ready goal is to enable some limited critical loads to remain operational. At City Hall, there is a 125 kW gas-powered generator currently backing up many plug loads, lighting loads, dispatch operations, Information Technology (IT) servers, and some additional critical infrastructure. One approach for the solar and storage system is to back up these same critical loads and take priority over the generator, allowing for carbon-free resilience, and relegating the generator to a backup of last resort.
The parking lot adjacent to City Hall can accommodate 230 kilowatts (kW) of photovoltaic solar panels, spread across three multi-vehicle carports. This is projected to generate approximately 400,000 kilowatt-hours (kWh) per year, roughly 75% of the facility’s current annual usage of 543,000 kWh (using 2019 interval data). This annual usage would increase after the transition to electric Police and Fire vehicles. The Battery Energy Storage System (BESS) would likely be located in the parking lot on the north, central side of City Hall next to the Fire Department, with a capacity of approximately 167 kW / 667 kWh. Altogether, the Power Ready Program anticipates CPA will install a total of 8 Megawatt-hours (MWh) of storage and 5 Megawatts (MW) of solar systems across member jurisdictions in its two-county service area.
If the Council wishes to move forward with this program opportunity, a future public hearing will be scheduled and appropriately noticed, during which the Council may approve the City’s engagement in the CPA Power Ready program.
Metropolitan Water District (MWD) Stormwater for Direct Use Pilot Program The stormwater capture component of the project includes installation of new underground cisterns inside the existing City Hall parking lot, and drainage improvements to redirect stormwater runoff to the cisterns. The project will also feature improvements and minor alterations to the area existing landscaping, including a passive gravity irrigation system to utilize the stored stormwater for landscape irrigation via solar powered pumps. For this project, Metropolitan Water District (MWD) has extending an opportunity to South Pasadena to participate in its Stormwater for Direct Use Pilot Program, and the City has proposed to integrate the MWD program into the electrification work. This program provides funding to construct projects that can provide stormwater capture and reuse data to MWD to facilitate a better understanding of these types of projects. The MWD grant opportunity requires the project to have an estimated minimum design capture and use of one acre-foot of water (325,851 gallons) per year. To meet this design standard, stormwater drainage capture in the City Hall parking lots and along the roadways surrounding City Hall, would be directed to the underground cistern system. The City has one year from agreement execution to complete installation of metering equipment and begin monitoring, and is then required to continue with three years of monitoring and reporting. The project cost is estimated at $1,000,000, including a $500,000 matching grant from MWD. An overview of the MWD Stormwater for Direct Use Pilot Program is included in Attachment 7, and conceptual plans for the system are provided in Attachment 9.
Climate Impacts
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Research conducted by the South Pasadena Police Department on United States Environmental Protection Agency (EPA) statistics, shows that each gallon of gasoline burned produces 8,887 grams or 19.6 pounds of CO2. On an annual basis, a gaspowered Ford Patrol Vehicle (FPV) is responsible for producing 42,198 pounds, or
19.14 metric tons, of CO2 emissions. Based on EPA data, the City estimates that existing administrative vehicles in the police and fire department fleets produce approximately 4.6 metric tons of CO2 emissions annually. As the Police Department seeks direction in replacing existing internal combustion engine vehicles with battery electric vehicles, the City expects to realize an estimated reduction of approximately 2,687 metric tons of CO2 projected by 2030. These 2,687 metric tons of CO2 represents
14.5% of the City’s overall 2030 GHG emissions reduction target of 18,578 metric tons of CO2, and far exceed the CAP’s ‘M.2’ greenhouse gas emissions reduction goal of 23 metric tons of CO2e (carbon dioxide equivalents).
Facility Concerns
The aforementioned installations will be constructed on City owned property at or near City Hall. Based on the findings of a facility condition assessment conducted in 2017, City Hall, Council Chambers, and the Police and Fire Departments each required significant capital needs for repairs: $440,000 recommended immediately, and an additional $315,000 over ten years (in 2017 dollars).
This fiscal year, the City is planning a comprehensive condition, safety, space planning, and functional use assessment of facilities, including the City Hall complex, to develop short-and-long-term facility repair and replacement plans. It is expected that the findings of this assessment may yield significant repair needs for City Hall, in addition to the 2017 findings, if not full replacement of the facility. It should be noted that the SCE Charge Ready and CPA Power Ready program agreements contain requirements that impose a financial liability on the City, i.e. clawback costs, if the agreed period of use for the new infrastructure is not realized.
Given the infrastructure investment considered in this report, it is appropriate to also consider the future facility improvements at City Hall, as well as the short-and-long term projected energy savings. In one view, the future facility infrastructure needs at City Hall may warrant deferring one or more of these projects, until an assessment and/or other projects can be completed. In another view, the immediate public safety vehicle needs, the energy cost savings realized in a short period of time, and the achievement of Climate Action Plan goals, may warrant proceeding with one or more of the projects now, and amortizing the future facility costs into the budget of these projects.
Procurement and Energy Conservation
California Government Code Section 4217.10 allows the City to forego its standard lowbid public procurement process to implement energy conservation, cogeneration, and alternate energy supply projects when in the City’s best interest. The Code requires this determination be made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance. If the Council wishes to move forward with the 26 - 9
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SCE Charge Ready and/or CPA Power Ready program opportunities presented, a future public hearing will be scheduled and appropriately noticed, during which the Council may approve the City’s engagement in the program(s). In addition, the Code requires that the City finds the anticipated cost of the energy provided by the facility will be less than the anticipated marginal cost of energy that would have been consumed by the public agency in the absence of those purchases, and that the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract.
Additional information to assist with the determination on the energy conservation value of these projects will be deliberated at the future public hearing, should the Council decide to move forward with such a hearing. The code grants public agencies great latitude in characterizing components of energy conservation facilities as personal or real property and in granting security interests in leasehold interests and components of the alternate energy facilities to project lenders.
The South Pasadena Police Department has analyzed the economics of transitioning to electric vehicles, and found that energy costs will be reduced more than ten-fold, shifting from $4,355 in gasoline fuel costs per year to $336 in electrical energy costs per year. Therefore, including vehicle purchase/lease cost, fuel cost reduction, and maintenance cost reduction, transitioning to an all-electric fleet summates to about a fourth of the current cost, from $0.40 per mile to $0.10 per mile ($0.30 per mile savings).
Total savings over ten years are projected at $312,282. This cost savings is in addition to impacts associated with the 42,198 pounds of carbon dioxide emissions released each year, if not implementing an electric vehicle conversion.
Installation of the electric vehicle chargers will also qualify the City for Low Carbon Fuel Standard (LCFS) credits. The LCFS program is a market-based incentive to reduce carbon impact of California transportation fuels, with goals set by the California Air Resource Board (CARB). Carbon-based fuel importers and refiners must offset the impacts of their product by purchasing LCFS credits from generators and consumers of lower carbon-intensity fuels (i.e. electricity, biofuel, renewable diesel, etc.) to meet compliance. One LCFS credit represents one metric ton (MT) of CO2 displaced, and the value of a credit changes daily based on the market. Through an environmental commodity broker, the City can generate credit revenue in this program, where one LCFS credit represents approximately 1,200 kilowatt-hours (kWh) of low carbon electrical energy use, valued between $160 and $200 each. With electric vehicle battery capacities estimated at 50-80 kWh, the credit generation from charging a full electric fleet each day could yield thousands of dollars in LCFS credits per month in addition to fuel and maintenance cost savings. Overall, combined fuel savings and LCFS credits can save at least $0.40 per mile with a fully electrified police and fire administrative fleet. This is in addition to the cost savings achieved by entering into one or more of the program opportunity agreements, which will provide the City use of 26 - 10
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equipment costing hundreds of thousands of dollars without the need to purchase the equipment or pay leasing fees.
Commission Review and Recommendation
On December 6, 2021, the Natural Resources and Environmental Commission recommended to the City Council that the Police Department transition their entire vehicle fleet, and the Fire Department transition their administrative vehicle fleet, to battery electric vehicles. This recommendation was made in concert with the Commission’s consideration of the electric vehicle charging infrastructure necessary to support this transition through the Charge Ready program.
Fiscal Impact
The SCE Charge Ready program requires the City to purchase chargers, operate and maintain them for ten (10) years, as well as provide networking services for monitoring.
City staff expect the initial charger equipment, installation, and ten-year network services procurement to cost approximately $200,000, after equipment rebates are applied. However, an overall cost savings is expected through energy conservation in the application of one or more of the projects. This evaluation will be discussed at a future public hearing to determine whether the City Council should forego its standard low-bid public procurement process to implement energy conservation/alternate energy supply, should the Council decide to schedule such a hearing.
On June 10, 2022, City staff submitted a grant application to the South Coast Air Quality Management District (SCAQMD) Mobile Source Review Committee (MSRC) Transformative Transportation Strategies & Mobility Solutions Program. The grant program awards funding to innovative and transformative transportation and mobility concepts that not only are effective in reducing air pollution and congestion, but also serve as a reproducible model for other agencies to follow. The City requested $1,000,000 in grant funding to both finance the infrastructure installations identified in this report, and support the lease/purchase of public safety fleet vehicles.
The MWD Stormwater for Direct Use Pilot Program provides $440,000 in project construction costs and $60,000 for reporting costs, at a total of $500,000, which must be matched by the City. Stormwater and water efficiency project funding is available in the General Fund 101 Designated Stormwater Reserve, which has a current balance of $600,000, and the Water Efficiency Fund 503, which has a current balance of $985,737, and will net another $54,605 this year after expenditures. During the budget adoption process, Council discussion indicated interest in accessing these funds for this project.
Environmental Analysis
Environmental impact assessments for the installations are to be conducted by SCE as part of the Charge Ready program and by the developer of the solar and battery storage system as part of the CPA Power Ready program.
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Installation of several Level 3 electric vehicle chargers by the City in the Police Department Parking Lot, where patrol vehicles are already staged or fueled, does not expand current use. Stormwater capture/irrigation equipment for an existing drainage system at an existing facility is a negligible expansion. Therefore, both installations are exempt from the California Environmental Quality Act (CEQA) analysis based on State CEQA Guidelines Section requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15301, Class (1) "existing facilities." Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website.
Attachments
1. SCE Charge Ready Program Charging Infrastructure and Rebate Participation Agreement
2. SCE Charge Ready Program Sample Grant of Easement
3. SCE Charge Ready Program South Pasadena City Hall Conceptual Plan
4. CPA Power Ready Program Fact Sheet
5. CPA Power Ready Program Draft Template Memorandum of Understanding
6. CPA Power Ready South Pasadena Site Assessment Overview: City Hall, Fire, and Police Complex
7. MWD Stormwater for Direct Use Pilot Program Informational Flyer
8. Stormwater for Direct Use Pilot Program Draft Agreement between Metropolitan Water District of Southern California, Upper San Gabriel Valley Municipal Water District, and City of South Pasadena for the City Hall Stormwater Direct Use Project
9. South Pasadena City Hall Stormwater Direct Use Project Conceptual Plan 26 - 12
ATTACHMENT 1
SCE Charge Ready Program Charging Infrastructure and
Rebate Participation Agreement
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement (Agreement) sets forth the terms and conditions for Program Participant to participate in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the Infrastructure (as defined herein) at no cost to the Program Participant; and, (2) if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and Networking Rebate after all terms and conditions have been met by the Program Participant.
All Program Participants are eligible for no-cost installation of the utility-side and Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge Ready Charging Infrastructure and Rebate Program (the “Program”).
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging Ports applies whether or not the Program Participant is eligible to also receive a rebate for the installed charging equipment, as SCE will design and install the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of approved Charging Ports set forth in this Agreement. Failure to procure and install the agreed upon number may lead to termination of this Agreement, at SCE’s discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L1) Port count: 0
Power Level (L2) Port count: 34
Power Level (DCFC) Port count: 0
2. Rebates (if applicable):
2.1. Charging Equipment Rebate
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If Program Participant is eligible to receive a rebate for the purchase and installation of charging equipment, the rebate amount paid to the Program Participant will be reduced to ensure that when combined with any other thirdparty rebates or incentives, the total rebate received by Program Participant does not exceed the Program Participant’s total costs for procuring and installing the equipment. Following the successful installation of the Charging Equipment, the Program Participant will certify whether it has received any other third-party rebates or incentives, so that SCE can determine the appropriate rebate payment.
The following table reflects that rebate values in effect at the time this agreement was issued:
Charging Infrastructure and
Rebate
DAC
Excluding
Fortune 1000* Multi-Family
Others
Including
Fortune 1000*
L2 $2,900 $1,450 $725
2.2. Maintenance and Networking Rebate
This rebate option is only available to Multi-Family Property sites located in a designated top quartile DAC. The rebate provides a one-time payment intended to offset the maintenance, networking and warranty costs associated with owning and operating L2 charging equipment. This rebate is intended to cover most of the costs associated with 10 years of the equipment’s operation. The total rebate received by Program Participant will not exceed the Program Participant’s actual costs.
APPROVED SITE LOCATION AND DESIGN
3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant’s Site where Infrastructure will be installed.
Site Description: SCE Infrastructure Upgrade for South Pasadena City Hall Parking Site Address: 1414 MISSION ST, SOUTH PASADENA, CA, 91030
4. Conceptual Design of the Infrastructure deployment at Program Participant’s Site:
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Program participant has reviewed and approved the Conceptual Design, as provided by SCE, showing the location within the Site where SCE will deploy the charging infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready Infrastructure, SCE will do so at no cost to the Program Participant. In this case, the Make-Ready Infrastructure will be part of the “Infrastructure” as defined in this Agreement.
SCE-installed Customer-Side Make-Ready Infrastructure.
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the following terms and conditions:
6. Definitions:
6.1. AHJ – Authority Having Jurisdiction: The responsible government entity having geographically-based jurisdiction that typically approves, inspects, and permits construction projects (e.g., City, County, Fire, Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment qualified by SCE and meeting SCE’s technical requirements. Program Participant must select Charging Equipment from the Approved Product List to receive applicable Charging Equipment Rebate (if available).
6.3. CalEnviroScreen 3.0 (or its equivalent): see Disadvantaged Communities.
6.4. Charging Equipment: Qualifying Charging Equipment that meets the technical specifications set forth by SCE. Charging Equipment that qualifies for the Rebate, if available, are listed in the Approved Product List, which can be found on SCE’s website at www.SCE.com/APL. See also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging Equipment is purchased.
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6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations – EV Charging Equipment: EV Charging Equipment interconnects with the electricity grid at a charging site to an electric vehicle, whether using alternating current (AC) or direct current (DC). An individual charging station unit may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle’s battery pack. The individual connectors of the Charging Station are referred to as ports (referred to in this agreement as Charging Ports). Each charging station may charge one or more vehicles depending on the number of ports with which each unit is equipped. For dual-port stations, power cannot be throttled during non-DR events and each port must be able to deliver full power to both vehicles that are charging simultaneously. For example, a dual-port L2 station rated at 7.2 kW must be able to deliver 7.2 kW of power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program Participant must maintain all Charging Equipment in working order at the Site. The Commitment Period will commence on the In-Service Date of the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement.
6.11. California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.
6.12. CPUC’s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUCApproved Transportation Electrification Programs and can be downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx? id=6442458882
6.13. Customer-Side Infrastructure: See “Make-Ready Infrastructure.”
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset a portion of the Participant’s costs if Participant elects to perform the Customer-Side Make-Ready Infrastructure work, following the completed 26 - 17
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installation of the Make-Ready Infrastructure and submission of required documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a reduction of electricity use during certain time periods, typically during on-peak hours or when demand for electricity is high, and/or can provide incentives to use electricity during periods of excess generation or when demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE’s service territory with a top quartile score according to California Environmental Protection Agency’s California Communities Environmental Health Screening Tool. SCE will use the current applicable version of the CalEnviroScreen tool to verify site status.
6.17. Enrollment Portal: The website where Program Participants can apply for the Program, check application status, and upload most required documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP) Certification: The document certifying an electrician has gone through the Electric Vehicle Infrastructure Training Program process. For more information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate stores of Fortune 1000 companies, and international companies with annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement. The Final Design is the engineered construction drawing submitted for permitting and will be completed after this Agreement is executed and prior to start of construction.
6.21. Final Invoice: Statement of the total amount paid by Program Participant to Charging Equipment Supplier(s) for the purchase, and installation of the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure.
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6.23. In-Service Date: The earliest date on which the EV Charging Equipment is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side and customer-side of the electric meter (i.e., “make-ready”) that SCE will design, construct, and install at no cost to the Program Participant pursuant to this Program. Infrastructure, as defined herein, does NOT include (1) purchase or installation of the Charging Equipment; or (2) the customer-side portion of the Make-Ready Infrastructure, if the Program Participant elects the self-installed Customer-Side Make-Ready Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side and customer-side of the meter is also referred to as the Make-Ready Infrastructure. The Utility-Side Infrastructure includes all infrastructure work from SCE’s distribution system to a new circuit panel that will be installed to support EV charging. SCE will always be responsible for designing, procuring, installing, and maintaining the necessary infrastructure located on the utility side of the meter. The Customer-Side Make-Ready Infrastructure includes all infrastructure from the new panel that will be set as part of the Utility-Side Infrastructure work, up to the first point of interconnection with the Participant’s Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side Make-Ready Infrastructure work or perform that work themselves and qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties – Structures that are designed to accommodate two or more tenants with shared parking areas.
6.27.2.Apartment Buildings – Structure(s) containing two or more dwelling units that may also include common areas and facilities, e.g., entrances, lobby, elevators or stairs, mechanical space, walks, grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums – Residential communities with shared parking areas managed by an HOA or an equivalent association.
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6.27.4.Mobile Home Parks – Residential mobile home communities with shared parking areas.
6.27.5.University & Military Housing – Student or military housing units or apartments with individual cooking facilities (except conventional dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares – Vacation property communities with shared parking areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes – Public parking lots designated for nearby multi-family residents for overnight parking. Charging Stations can be open for public use during day-time hours.
6.28. Network Service Provider: The third-party entity that will provide Network Services for the Charging Equipment. The Network Service Provider will be required to transmit port level data and other information to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below 120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that provide a high-power DC current, and for this program at least 50 kW, to the electric vehicle's battery without passing through any onboard AC/DC converter, which means the current is connected directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the Infrastructure. The design includes project specifications, conduit routing, electrical equipment specifications and calculations, project related Site improvements and construction details
6.32. Program: Also referred to as the Charge Ready Charging Infrastructure and Rebate Program. This Program is designed to help Program Participants install the charging infrastructure needed to enable drivers to refuel their light-duty electric vehicles.
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6.33. Program Guidelines: Program reference documents developed by SCE that provide program information, including but not limited to the program participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized representative of entity holding title in the Site where the Charging Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or its designated assignee, after the eligible Program Participant procures and installs the Charging Equipment, meets the qualification requirements for the Customer-Side Make-Ready Rebate, and/or the Maintenance and Networking Rebate, in accordance with this Agreement, as verified by SCE, in SCE’s sole discretion.
6.37. Site: The premises, owned, leased or operated by Program Participant, where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy charges that vary based on the time of day, the day of the week, and the season. Some plans also include demand charges that are based on the maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet throughout its participation in the Program, all eligibility requirements of the Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one active service account.
7.2. The installation site is located in SCE’s service territory.
7.3. Program Participant agrees to provide, or cause the Site Owner to provide, SCE with the rights of way across public or private property (as applicable) and to obtain any necessary permits to install Charging Equipment, without cost to SCE.
7.4. Program Participant will comply with all Program requirements outlined in the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of the Agreement.
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Program Participant:
8.1. Program Participant agrees to purchase and install the Charging Equipment, as set forth in this Agreement. Program Participant agrees that the number of Charging Ports and their charging power level set forth in Section 1 cannot be modified after execution of this Agreement, without express written consent of SCE, at SCE’s discretion.
8.2. All charging equipment must be selected from SCE’s Approved Product List (APL) or otherwise approved by SCE for installation under this Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant State and local codes, and AHJ permitting requirements. All installed equipment must be correctly rated for the location where it will be installed (outdoor rated if applicable, conforming with ventilation requirements). The EV charging current shall not exceed 80% of the branch circuit rating. All EVSE installations must comply with the SB350 safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and energize any EVSE or associated equipment capable of generation or bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging Equipment in good working order at the site for a minimum of ten (10) years from the In-Service Date of Charging Equipment (“Commitment Period”).
8.7. Agrees that, if at any time during the Commitment Period the Charging Equipment is replaced, only SCE approved EVSE will be installed and all associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment Network Service Provider approved by SCE to record and transmit EV charging usage and other data to SCE.
8.9. Program Participant authorizes SCE to act on Program Participant’s behalf to voluntarily grant a Third Party access to receive information relating to Charging Station data, billing records, billing history, pricing information, and all meter usage data used for bill calculation for all 26 - 22
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meters participating in this Program. This authorization expires ten (10) years from the Charging Equipment’s In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station and related meter and billing data for regulatory reporting, program evaluation, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may vary from the Conceptual Design, if, in SCE’s sole discretion, actual Site conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved after SCE receives a copy of this Agreement signed by Program Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may be withdrawn, and SCE may terminate this Agreement, both in SCE’s sole discretion, if Program Participant breaches the Agreement.
8.13. Agrees to comply with the established timelines and required documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or received any other incentives or rebates for the Charging Equipment, Customer-Side Make-Ready Infrastructure, or Charging Equipment Maintenance and Networking program Participant shall notify SCE of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with Program rebates, would reimburse Program Participant for more than 100 percent of their costs, SCE shall decrease the issued rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the Rebate Payment exceeding 100 percent of the Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with the EV charging equipment will be provided service under a TOU rate plan.
8.16. Participants must enroll in at least one qualifying Demand Response Program.
8.17. Agrees to ensure information of newly installed Charging Equipment, if accessible to the general public, will be registered with the US Department of Energy’s Alternative Fuel Data Center (https:// 26 - 23
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afdc.energy.gov/stations/#/analyze), and with the US Department of Energy’s EV Charging Station Locations mapping tool, accessible at (https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/ nearest?fuel=ELEC), and that only one set of information is reported between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise Tax Board form 590 if applicable, or to provide line items from those forms as SCE may request, in order for SCE to process any Rebate Payment.
8.19. Represents and warrants that the execution and delivery of this Agreement, and the performance by Program Participant of its obligations under this Agreement, have been duly and validly authorized, and this Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs, design standards, and AHJ permitting requirements, will locate, design, and install the utility-side, and possibly the customer-side Infrastructure depending on the Participants choice. SCE is responsible for all costs associated with Infrastructure deployed by SCE pursuant to this Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE has verified correct installation of the Charging Equipment, consistent with this Agreement, subject to Program Participant meeting all Program requirements. The actual Charging Equipment Rebate Payment amount shall not exceed the actual reasonable costs of the Charging Equipment, and its installation, as set forth in the Final Invoice(s) and consistent with the Program Participant’s contract with the Charging Equipment Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying participants following the installation of the Charging Equipment and subject to Program Participant meeting all Program requirements.
8.23. For sites that qualify to participate under the Multi-Family Property sites definition by providing Public Parking with Dedicated Overnight Resident Passes, Participant agrees to ensure that overnight parking will be reserved and dedicated for nearby multi-family residents for the duration of the commitment period.
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8.24. Agrees to participate in SCE sponsored customer satisfaction and other surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both Parties have signed the Agreement and end ten (10) years from the InService Date of the Charging Equipment, unless otherwise terminated earlier pursuant to this Agreement (“Term”).
9.2. Termination: If the Program Participant fails to comply with any of the terms and conditions of this Agreement, SCE, in its sole discretion, may terminate this Agreement after sending Program Participant a notice of default that remains uncured for five (5) business days from receipt, except in the case of a safety or security violation, in which case, SCE may terminate the Agreement immediately and take all other necessary actions, including but not limited to, disconnecting power to the Charging Equipment, in SCE’s sole discretion, to cure such safety or security violation(s).
9.3. Termination Costs: If this Agreement is terminated prior to the end of the Term because (1) Program Participant terminates its participation in this Program, (2) Program Participant, prior to the end of the Commitment Period, fails to install, or removes without replacing, the Charging Equipment or Program Participant-owned make-ready infrastructure, if applicable; or (3) SCE terminates this Agreement due to Program Participant’s failure to comply with the terms and conditions of the Agreement, in accordance with Section 9.b. (Termination) hereof, the Program Participant shall pay (a) all costs actually incurred, or committed to be incurred, by SCE, as of the termination date, in connection with designing and deploying the Infrastructure at the Site; and (b) the Rebate Payment (if already paid). If the Charging Equipment or the Make-Ready Infrastructure, if applicable, are installed, the amount due to SCE for both (a) and (b) above will be prorated over a ten-year period, beginning from the In-Service Date of the Charging Equipment. SCE will invoice the Program Participant for such costs, and Program Participant shall pay such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials or workmanship 26 - 25
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of the Charging Equipment. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program. Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, (3) the installation or use of the products. Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, Neither SCE nor Program Participant shall be liable hereunder for any type of damages, whether direct, or indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use, regardless of the form of action, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind.
10.2. Indemnification of SCE. To the fullest extent permitted by law, Program Participant shall, at SCE’s request, indemnify, defend, and hold harmless SCE, and its parent company, subsidiaries, affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses, including without limitation reasonable attorneys’ fees (a “Claim”), resulting from (a) any breach of the representations, warranties, covenants, or obligations of Program Participant under this Agreement, (b) any act or omission of Program Participant, whether based upon Program Participant’s negligence, strict liability, or otherwise, in connection with the performance of this Agreement, or (c) any third-party claims of any kind, whether based upon negligence, strict liability, or otherwise, arising out of or connected in any way to Program Participant’s performance or nonperformance under this Agreement. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the sole negligence or willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages SCE-owned Infrastructure, Participant will be responsible for any costs 26 - 26
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associated with making any necessary repairs. If SCE identifies an improper installation of Participant-installed equipment, Participant agrees to pay for and be responsible for making any necessary corrections in the manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties, Program Participant, at SCE’s request, shall assume the defense of such Claim, with counsel reasonably acceptable to the Indemnified Parties, unless in the opinion of counsel for the Indemnified Parties a conflict of interest between the Indemnified Parties and Program Participant may exist with respect to such Claim. If a conflict precludes Program Participant from assuming the defense, then Program Participant shall reimburse the Indemnified Parties on a monthly basis for the Indemnified Parties’ defense costs through separate counsel of the Indemnified Parties’ choice. If Program Participant assumes the defense of the Indemnified Parties with acceptable counsel, the Indemnified Parties, at their sole option and expense, may participate in the defense with counsel of their own choice without relieving Program Participant of any of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE will design and install the Infrastructure at no cost to Program Participant, sections in Rules 15 and 16 that address applicant responsibilities or options are not applicable to Program Participants while participating in the Charge Ready Charging Infrastructure and Rebate Program. This may include, but is not limited to, allowances, contributions or advances, payments, refunds, and design and installation options. This exception does not apply to certain responsibilities found in Rule 16, such as, but not limited to, Section A.10, providing rights of way or easements; Section A.11, providing access to the location; and Section D.1, providing a clear route for the Service Extension.
11.2. Survival. Program Participant’s obligation to pay Termination Costs and to indemnify the Indemnified Parties shall survive the expiration or termination of this Agreement.
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11.3. Assignment. Program Participant shall not assign this Agreement without the prior written consent of SCE; to be granted or denied in SCE’s sole discretion. Any assignment and assumption shall be in a form acceptable to SCE, in SCE’s sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this Agreement including, but not limited to, the applicable provisions of SCE’s Charge Ready Program (CRP) Tariff Schedule filed with the California Public Utilities Commission. This Agreement shall be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines and this Agreement, then this Agreement shall control with respect to such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be reported to the IRS unless the payee is exempt. SCE will report the rebate as income on IRS Form 1099. The payee should consult its tax advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement can be downloaded and signed. Following signature, the Program Participant can upload the completed Agreement. SCE will verify for completeness and accuracy and will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement is true, accurate and complete, and that you will comply with the terms and conditions set forth in this Agreement. You also represent and warrant that you are a duly authorized representative of Program Participant with the requisite authority to enter into this Agreement. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
Name of Program Participant: SOUTH PASADENA, CITY OF
Name of Program Participant Representative:
______________________________________________
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Title of Program Participant Representative:
_______________________________________________
I certify that the information provided is accurate and complete and that I have authority to sign this Agreement on behalf of Applicant.
________________________________________________
Signature
Date: ______________
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner, no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized representative of the owner of the property on which the Site is located and that you have the requisite authority to consent to the use of the property in the manner set forth in this Agreement. You also represent that Property Owner hereby approves the installation and operation of the Infrastructure and the Charging Equipment, as well as any other necessary equipment to deploy the Charging Equipment pursuant to the Program as described in this Agreement. You further agree to execute the Easement Agreement within thirty (30) calendar days after Easement Agreement is provided by SCE.
Name of Property Owner Representative:
___________________________________________
Title of Property Owner Representative:
___________________________________________
I certify that I have authority to sign this Agreement on behalf of the Property Owner. ________________________________________
Signature
Date:
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Endnotes
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ATTACHMENT 2
SCE Charge Ready Program Sample Grant of Easement
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SAMPLE
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Valuation
Mail Tax Statements to: N/A
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc No.:
GRANT OF
EASEMENT
Vehicle Charging Station
DOCUMENTARY TRANSFER TAX $ NONE (VALUE
AND CONSIDERATION LESS THAN $100.00)
DISTRICT
XX
SERVICE ORDER
XX
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM XXX
APN XX APPROVED:
REAL PROPERTIES
DEPARTMENT
BY
SLS/XX
DATE
XX
____________, (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and internal communication systems (hereinafter referred to as “systems”), consisting of poles, guys and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, for the purpose of providing electrical power to vehicle charging stations, in, on, over, under, across and along that certain real property in the County of __________, State of California, described as follows:
LEGAL DESCRIPTION
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
Grantor agrees for itself, its heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinbefore described easement area. The Grantee, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.
SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Company
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SAMPLE
2 DCR________________
Upon written request, Grantee shall relocate its facilities installed hereunder to another mutually approved area on Grantor’s property and provided that Grantee has first been given an easement over such new area on terms identical to those set forth herein. Such relocation shall be at Grantor’s sole cost and expense. Upon completion of the relocation, Grantee shall execute a quitclaim of this easement on terms reasonably acceptable to Grantor and Grantee.
To the extent Grantor removes the vehicle charging stations, and such removal is not part of a relocation, Grantor may, upon sixty (60) days written notice, terminate this easement. However, in no event will the vehicle charging stations be removed unless a structure is constructed in the parking area. Upon termination, Grantee shall have a limited right to access the property for the purpose of removing its facilities or Grantee may abandon its systems in place. In addition, upon written request, Grantee will execute a quitclaim of this easement on terms reasonably acceptable to Grantee and Grantor.
To the extent Grantee has not commenced the installation of the facilities within one (1) year of the execution date, this easement shall become null and void.
EXECUTED this _____ day of _______________________, 20____.
GRANTOR
GRANTOR
By
Name
Title
By
Name
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
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SAMPLE
3 DCR________________
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
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ATTACHMENT 3
SCE Charge Ready Program South Pasadena City Hall
Conceptual Plan
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REMOVE 1X DUAL
PORT UNIT TOREDUCE TOTAL SITEPORT COUNT TO 34
1. 500 Pl.ANTED IN lHE f"olU WST ESTASUSH ns ROOlS BEF'ORE 11£ FIRST WIINTER FROST. OETERIIN'. WHEN 'THE FIRST FROST USUAU.Y 0CCUAs. ANO PLANT llfE SOD NO lATIER THAN <M: MONTH BEF'ORE 1liE FllST FROST. If" lHE CONmuc110N IS FNSIIED lA TER lHAN ONE IIONlH BERK Tl£ FIIST FROST, US£ S'IIU.W UNTIL Sil> CAN BE l!ISTAU£D.
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SHE£T 111l.E
ENLARGED SITE PLAN
SHEET NUl&1I
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REMOVE 1X DUAL
PORT UNIT TOREDUCE TOTAL SITEPORT COUNT TO 34
t. 0 R£mlS TD CONDUIT AND ~RE SCHEDU.E ON E-2 ml REOJIRENENlS, r
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- - - - UIUS Of" SITE W0RI(
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E-1
26 - 37
R
BLACK & VEATCH
6800 W 115th ST, SUITE 2292
OVERLAND PARK, KS 66211
(913) 458-2000
SOUTHERN
CALIFORNIA
EDISON
CHARGE READY
PROGRAM
NOT TO BE USED FOR CONSTRUCTION
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PROJECT NO:
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A 09/17/21 ISSUED FOR 50X REVIEW
REV DATE DESCRIPTION
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PR!l'ESSIIIIH.ENIINEER.TDH.TERlHISDOa.1100.
SCE_00001340904
CITY OF S PASADENA
820 MOUND AVf_
SOUTH PASADENA, CA 91030
SHEET TITLE
SINGLE LINE DIAGRAM
SHEET NUMBER
E-2
26 - 38
R
BLACK & VEATCH
6800 W 115th ST, SUITE 2292
OVERLAND PARK, KS 66211
(913) 458-2000
SOUTHERN
CALIFORNIA
EDISON
CHARGE READY
PROGRAM
NOT TO BE USED FOR CONSTRUCTION
3 PROPOSED MElER/DISTRIBUTION SWITQ-lBOARD, BODA BUS, 700A MAIN, 20BY /120V, :5PH, 4-W, :55 KAIC (MINIMUM) - - --- - - --- - - --- - - --- - - --- - - --- - - --- - - --- - - --- - - --- - - --- - - --- - - ----, EVSE -10
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(:50 FLA + 30 FLA)
(INSTAllED BY OlHERS)
EVSE -11
CHARGE PORT 17 &: 18
EVSE -11
CHARGE PORT 17 & 18
(30 FLA + 30 FLA)
(INSTAllED BY OlHERS)
El/SE -12
CHARGE PORT 19 & 20
El/SE -12
CHARGE PORT 19 &: 20
(30 Fl.A + 30 FLA)
(INSTALLED BY OlHERS)
EVSE -13
CHARGE PORT 21 & 22
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CHARGE PORT 21 & 22
(30 FLA + 30 FLA)
(INST ALLID BY OlHERS)
EVSE -14
CHARGE PORT 2:5 & 24
EVSE -14
CHARGE PORT 23 & 24
(30 FLA + 30 FLA)
(INSTAllED BY OlHERS)
EVSE -15
CHARGE PORT 25 &: 26
EVSE -15
CHARGE PORT 25 & 26
(30 FLA + 30 FLA)
(INSTAllED BY OlHERS)
EVSE -16
CHARGE PORT 27 &: 28
EVSE -16
CHARGE PORT 27 & 28
(30 FLA + 30 FLA)
(INSTAllED BY OlHERS)
EVSE -17
CHARGE PORT 29 & 30
EVSE -17
CHARGE PORT 29 & 30
(30 FLA + 30 FLA)
(INSTALLED BY OlHERS)
EVSE -18
CHARGE PORT 31 & 32
EVSE -18
CHARGE PORT 31 & 32
(30 Fl.A + 30 FLA)
(INST AllED BY OlHERS)
EVSE -19
CHARGE PORT 33 & 34
EVSE -20
CHARGE PORT :55 & 36
TERMINAL BLOCK i
(TYP)(SEE NOTE 3) i
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CHARGE PORT 33 & 34
(30 FLA + 30 FLA)
(INSTAllED BY OlHERS)
EVSE -20
CHARGE PORT 35 & 36
(30 FLA + 30 FLA)
(INSTAllED BY OlHERS)
PROJECT NO:
DRAWN BY: OAK
CHECKED BY; '"'
A 09/17/21 ISSUED FOR 50X REVIEW
REV DATE DESCRIPTION
~L5:,i~A~lll:o~~~~~~
PR!l'ESSIIIIH.ENIINEER.TDH.TERlHISDOa.1100.
SCE_00001340904
CITY OF S PASADENA
820 MOUND AVf_
SOUTH PASADENA, CA 91030
SHEET TITLE
SINGLE LINE DIAGRAM
SHEET NUMBER
E-2.1
26 - 39
ATTACHMENT 4
CPA Power Ready Program Fact Sheet
26 - 40
CPA’s Power Ready Program
A CPA member agency benefit program that provides critical back-up power to a facility What is Power Ready?
The need for backup power systems is growing as power outages become more common than ever with increased wildfires, frequent Public Safety Power Shutoffs, and increased summer grid emergencies due to high heat.
Clean Power Alliance’s Power Ready program is a
community benefit offered to its member agencies to
make a public building that serves a critical community purpose energy-resilient by installing a solar and storage system so that there is a back-up source of energy when there is an outage. CPA is providing this benefit at no cost to member agencies and making participation easy
by contracting with a developer/financier to build, own, and operate the systems for 20 years.
For more information contact:
[email protected]
Power Ready Benefits
• Back-up power system that provides power from its own source during outages (including Public Safety Power Shutoffs, natural disasters, rolling black outs)
• No up-front cost and no increase to annual energy bills for participating • Reduced harmful emissions and noise pollution associated with back-up diesel generators • The developer handles all operations and maintenance
• Enhanced grid resilience that helps to prevent grid emergencies • Member agency staff learn about hosting battery storage C~~ CLEAN
POWER
ALLIANCE
26 - 41
1. What is the Power Ready program?
An opportunity to make a public building that serves a critical community purpose energy-resilient by installing a solar and storage system so that critical loads are backed up in an outage. CPA can provide this opportunity at no cost to our member agencies by aggregating a portfolio of member agency sites, CPA is making this opportunity easy for member agencies by contracting with a developer/ financier to build, own, and operate the systems for 20 years.
2. Why is CPA offering the Power Ready program?
Power Ready is one of the many community benefits offered to Clean Power Alliance Member Agencies. Member agencies identified a need for resiliency. CPA’s Board of Directors developed Power Ready to meet this need for resilience by using the collective purchase power of CPA.
3. What are my benefits as a participant?
• Back-up power system that provides islanded power during outages (including Public Safety Power Shutoffs, natural disasters, rolling black outs).
• No up-front cost and no increase to annual energy bills for participating
• Reduced harmful emissions associated with back-up diesel generators
• The developer handles all operations and maintenance
• Enhanced grid resilience that helps to prevent grid emergencies • Member agency staff learn about hosting battery storage • CPA will promote your agency’s participation in this
innovative program
4. OK, who pays who?
The amount that member agencies will pay annually will be equal to or less than what they would have paid if they were not participating in the program. CPA uses the solar and storage systems to create optimal bill savings that are used to pay the system cost to the developer, making it possible for us to provide this system to member agencies at no cost.
5. How much energy resilience will CPA provide?
During hours of sunshine, the Power Ready facilities will be as the program name implies.... “Power Ready!” The Power Ready sites will be highly functional during grid outages during “blue sky” periods.
Power Ready has conducted deep dives into each selected facility to determine which loads are critical during the night – “dark sky periods.” CPA offers member agencies a minimum of 4-hour “dark sky” duration of critical loads. In most cases, these loads can be managed to extend the “dark sky” duration until the sun rises the next day.
6. How were Power Ready sites chosen?
After a program briefing on suitable sites, member agencies were offered the opportunity to nominate up to five sites for the program and their preferred site. CPA’s consultants – EcoMotion - then worked with these sites and staff to determine the best program fit. Note that the site checks included solar and storage spatial analysis, roofing, and switchgear condition.
7. How does the program make buildings more energy resilient? Solar, storage, and sophisticated controls. The facilities can island in the event of a grid outage and maintain critical operations. The cost of creating an islanded system that can provide this type of critical support is much higher than the cost of installing a normal solar system or even solar and storage system. CPA is able to offer this at no cost by aggregating a portfolio of member agency sites.
8. What if the building we choose has a generator?
Many of the facilities in the Power Ready program already have generators. Power Ready brings carbon-free generation and storage to the facility, in some cases making the generators obsolete and improving the air quality of the community.
Clean Power Alliance Power Ready Program
Frequently Asked Questions for Member Agencies
In other cases, the generators can operate in tandem with the Power Ready system to enhance resilience, cut emissions, and protect against fuel shortage.
9. What kinds of municipal facilities are suited for the program? City halls, libraries, community centers, public works yards, senior centers... any municipal facility that has sufficient power load that can be profitably offset with solar, and that has a logical use case for the community during emergencies.
10. Will this program lower my electricity bills?
Participation in the Power Ready program is not intended to lower your electricity bills, but it will not raise them either. CPA will ensure that the amount you pay will be equal to or less than what you would have paid if you were not participating in the program. The value of this project is that member agencies get an islanded solar and storage system at no cost for use in an emergency situation. The cost of creating an islanded system that can provide this type of critical support is much higher than the cost of installing a normal solar system or even a solar and storage system.
Cost to Participate
11. What will it cost to participate in Power Ready?
There is no cost for participating.
12. Will I save money?
Power Ready is not intended to save you money on your electricity bills.
The value you get is energy resilience at no additional cost. Participating members will pay no more for electricity than they would without Power Ready.
13. How will my bill be computed?
CPA will annually audit your energy bills so that the annual amount paid is equal to or less what your facility would pay had you not participated in the Power Ready program.
14. Will participating in the Power Ready program raise my bills? No, participants electricity bills will be equal to or less than what they would have been, if they were not participating in the program. Assuming the same general usage, your bills will be the same, increasing only over the years as SCE and CPA rates increase. At no time will the presence of solar or batteries make your bill higher.
More on the Battery
15. How does CPA plan to use the battery?
CPA uses the battery to manage electricity demand in such a way that lowers procurement costs. Strategies such as Net Energy Metering, Peak Demand Reduction, Load Shifting from high Time of Use (TOU) periods to low TOU periods will be handled by CPA. These cost saving strategies make it possible for us to provide you the islanded solar and storage system at no cost.
16. Will the batteries onsite provide grid services?
The primary purpose of the Power Ready program is to provide energy resilience to member agencies’ public facilities. A carve-out has been established for every battery storage system such that the program commitment for resilience can be met.
17. Under what circumstances does the facility utilize power from the battery?
If the SCE grid goes down, the member agency will be using both the battery and the solar for emergency power.
18. Is there a portion of the battery that is always on standby for emergencies?
Yes, only 75% of the battery will be flexed by CPA for demand reduction or load shifting. A minimum of 25% percent of the battery is always maintained to meet an unexpected outage. The batteries will be programmed to charge up prior to scheduled outages to give member agencies maximum resilience.
C~~ CLEAN
POWER
ALLIANCE
26 - 42
ATTACHMENT 5
CPA Power Ready Program Draft Template Memorandum
of Understanding
26 - 43
1 MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding ("MOU"), made as of the last date signed below (the “Effective Date”), by and between __________________ (“Member Agency”), the owner or long-term lessee as described in Section 4.a. of the real property described in Exhibit A and referred to herein as the “Site,” and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll the Site in the CPA Power Ready Program, described in more detail below.
RECITALS
WHEREAS, CPA desires to support community energy reliability efforts in its service territory through its Power Ready Program (described in the Power Ready Fact Sheet, attached hereto as Exhibit B), which seeks to provide Member Agency with a no-cost energy resiliency project that provides significant community benefit and demand response to CPA, and WHEREAS, the Member Agency has worked diligently with CPA to determine a suitable site for energy resilience as part of the Power Ready Program, and WHEREAS, the Member Agency is the owner of the Site identified in Exhibit A, which Member Agency and CPA have identified as a suitable site for the Power Ready Program because the Site serves a critical community function by [briefly describe the specific critical community function], and
WHEREAS, to implement the Power Ready Program, CPA must enter into an agreement with a third-party developer (“Developer”), who will develop behind-the-meter battery energy storage and solar photovoltaic generation energy systems at the sites selected for the Power Ready Program, including the Member Agency Site, and
WHEREAS, CPA intends to issue and administer a competitive Request for Offers (“RFO”) to select the Developer, and
WHEREAS, CPA intends to include in the RFO a portfolio of development sites, including the Member Agency Site and sites belonging to other CPA member agencies, which portfolio will be relied upon by developers to submit bids to develop solar and storage on the Power Ready Program sites, and
WHEREAS, developers’ bids will include pricing that will be incumbent on the inclusion of the Member Agency Site in the portfolio, and
WHEREAS, the Member Agency will benefit from the installation of the battery energy storage system, which will provide the Site with power during planned and unplanned electrical outages to power certain critical electrical loads,
-
26 - 44
2 NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:
1. Term. This MOU begins on the Effective Date and ends five (5) years after the Effective Date, at which point, CPA and Member Agency may agree, by mutual written agreement, to extend the term of this MOU.
2. Termination.
a. Convenience. Any time prior to CPA’s issuance of the RFO, either Party may terminate this MOU for convenience and without liability to the other Party upon giving the other Party written notice.
b. Default.
i. After CPA issues the RFO, the Parties acknowledge and agree that either Party’s failure to perform any of its material obligations under this MOU shall constitute an event of default and entitle the other Party to terminate the MOU immediately upon written notice of termination. ii. Member Agency Default. Member Agency recognizes that its default under this MOU could undermine CPA’s implementation of the Power Ready Program for other participating member agencies, invalidate Developer bids to develop Solar+Storage Systems under the Power Ready Program, increase costs of construction and reduce benefits to CPA and other member agencies, or a combination thereof. Member Agency acknowledges and agrees to reimburse CPA for all reasonable costs related to, resulting from, or arising from Member Agency’s default including but not limited to any qualified adjustment in the rate price, reasonable fees, or other direct charges that may be assessed by the Developer pursuant to the Power Purchase Agreement, and to be subject to any other remedies that may be available to CPA.
iii. CPA Default. If CPA defaults, CPA acknowledges and agrees to reimburse Member Agency for Member Agency’s reasonably expended costs to prepare the Site for the Solar+Storage System in reliance on the MOU.
CPA shall not be liable for any other expenses incurred in reliance on the MOU, any Member Agency personnel time spent in reliance on the MOU, costs to pursue other renewable energy options, or any special or incidental damages.
iv. Force Majeur. Neither Party shall be liable for any default caused by reason of acts of God including volcanic eruption, landslide, lightning, earthquake, fire, or flood (but excepting reasonably anticipated weather conditions at the Site); explosion, sabotage, or similar occurrence; acts of a public enemy, extortion, terrorism, war, blockage, or insurrection; riot 26 - 45
3 or civil disturbance; strikes, lockouts, or labor troubles; change in law or regulation; or other cause without fault and beyond the reasonable control of a Party (financial inability excepted).
3. The Solar+Storage System and Its Operation.
a. Construction.
i. CPA will select a Developer to construct, install, operate, and maintain at the Site a behind-the-meter battery energy storage and solar photovoltaic generation energy system at Developer’s sole cost and expense, with the anticipated general specifications set forth in Exhibit A hereto (the “Solar+Storage System” or “System”).
ii. In the RFO, CPA will make clear that Developer is required to comply with all provisions of California law applicable to public contracting, including but not limited to bond requirements and prevailing wage requirements. iii. CPA will require the Developer to submit a siting and construction plan for the Solar+Storage System for Member Agency’s approval, which shall include a commitment to obtain all necessary permits, a waste management plan, and a statement that Developer will adhere to the applicable building code and all local, state, and federal laws. iv. The Parties recognize that the Developer must secure interconnection approval for the Solar+Storage System from Southern California Edison. b. Financing. The Parties anticipate that construction, operation, and maintenance of the Solar+Storage System will be financed by a Power Purchase Agreement (“PPA”) between CPA and the Developer.
c. Ownership. The Parties acknowledge that the Developer will own the Solar+Storage System. However, the RFO will include a provision requiring the Developer to provide Member Agency with the opportunity to purchase the Solar+Storage System at the end of the Site Lease term. d. Maintenance. The Parties acknowledge that the Developer will be responsible for the maintenance of the Solar+Storage System, and Member Agency will provide reasonable access to Developer.
e. Control. The Solar+Storage System will be managed and operated pursuant to the terms of the PPA, as set forth in more detail below. f. Normal Operations. Except when in Power Outage Operations pursuant to Section 3.g, below, the Solar+Storage System will be managed to meet CPA’s needs for demand-side management at its discretion, and such Solar+Storage System management will not impact Member Agency operations. g. Power Outage Operations.
i. The Solar+Storage System will have the ability to generate solar energy and charge the Solar+Storage System during power outages that occur during daylight hours.
26 - 46
4 ii. The Solar+Storage System will be managed to provide power, to the extent reasonably practicable, for certain critical loads at the Site during power outages. The Solar+Storage System will be managed to provide sufficient power to the Site for at least four (4) hours during Power Outage Operations based on the Site’s power needs identified at the time the Solar+Storage System is designed.
h. Operations Insight.
i. CPA will provide Member Agency continuous access to the Solar+Storage System electricity generation dashboard on the worldwide web or otherwise provide Member Agency with the ability to review the amount of electricity generated at any given time.
4. Member Agency Obligations.
a. Ownership. Member Agency warrants that it is the long-term lessee (with a lease term that does not end earlier than, or that Member Agency has the sole discretion to continue until at least, 2045) or owner of the Site and that it has the power to grant permission for use of the Site as part of the Power Ready Program.
b. Project Development.
i. Member Agency agrees to allow CPA’s selected Developer to construct the Solar+Storage System at the Site, subject to Developer entering a Site Lease Agreement with Member Agency and subject to Developer receiving all necessary permits and approvals.
ii. Member Agency recognizes that its Site will be included in a portfolio in support of an RFO to potential developers and that withdrawal of its Site from the Power Ready Program could invalidate developers’ bids for the entire program.
c. Site Function. Member Agency agrees that the Site will continue to serve a critical community function, as described in the Recitals above, for the Term of the MOU. If Site no longer serves a critical community function, or Member Agency wishes to change the Site to a different critical community function than the one described herein, and that different critical community function significantly alters electricity usage at the Site, this may constitute a material change to this obligation. Member Agency must immediately notify CPA of the change and make best efforts to cooperate with CPA in remedying impacts related to the change in use.
d. Site Lease. Member Agency agrees to enter into a Solar+Storage Site Lease Agreement with the Developer, provided all material terms are agreed upon, or if the Member Agency does not own the Site, then Member Agency will use best efforts to secure a Solar+Storage Site Lease Agreement or any other agreements necessary to secure use of the Site between the Site owner and the Developer 26 - 47
5 with Member Agency being a third-party beneficiary with a term length up to twenty (20) years. Member Agency shall act at all times in good faith to come to reasonable terms with the Developer and shall not unreasonably condition, delay, or refuse to enter into the Solar+Storage Site Lease Agreement.
Reasonable terms shall include, at a minimum, (a) a reasonable provision providing for indemnification of the Member Agency by the Developer, (b) a requirement the Developer carry reasonable insurance, and (c) a reasonable requirement that the Developer return the Site to its condition prior to the installation of the Solar+Storage System if, at the end of the Site Lease term, Member Agency requests that the Solar+Storage System be removed. Member Agency recognizes that it may not require Developer to pay to lease the Site; the consideration for lease of the Site is installation of and Member Agency’s benefit from the Solar+Storage System.
e. Cooperation. Member Agency agrees to cooperate with Developer to secure necessary approvals for Developer to develop the Solar+Storage System at the Site; however, nothing in this MOU constitutes approval of development of the Solar+Storage System. Member Agency is solely responsible for issuance of any permits, including but not limited to providing necessary information for the selected Developer to acquire permits or to comply with the California Environmental Quality Act, if applicable.
f. Billing. Member Agency will pay CPA as billed for electric service at the Site under CPA’s future Power Ready Rate Structure, which will be developed prior to Member Agency execution of the Site Lease. The future Power Ready Rate Structure is further described in Section 5.c. of this MOU. The Power Ready Rate charged to Member Agency annually will be equal to or less than the amount charged to Member Agency annually under the rate structure that would have otherwise been in place if the Member Agency did not participate in the Power Ready Program.
g. SGIP Funds. Developer will apply for the CPUC Self Generation Incentive Program (“SGIP”) administered by Southern California Edison (“SCE”) on behalf of the Member Agency. Member Agency agrees to transfer any awarded SGIP funds to Developer to support financing of the battery energy storage.
5. CPA Obligations.
a. CPA will prepare, issue, and administer the RFO to select the Developer to develop the Solar+Storage System at the Member Agency’s and other member agencies’ sites. CPA will provide Member Agency a reasonable amount of time to review and provide comment on the RFO prior to issuing the RFO. b. CPA will make a commercially reasonable effort to ensure construction of the Solar+Storage System begins no later than June 30, 2023, and will coordinate with Member Agency to determine a mutually agreeable construction schedule. 26 - 48
6 However, CPA does not guarantee either (a) that the Solar+Storage System will actually be constructed, or (b) that construction will be free from delays beyond CPA’s control.
c. CPA will provide a construction liaison during construction of the Solar+Storage System that will make periodic on-site visits.
d. CPA will bill the Member Agency for generation service on a monthly basis under its Power Ready Rate Structure. The on-bill monthly charge will be calculated to approximate projected monthly bill savings generated by the Solar+Storage System. CPA will conduct a true-up of the Member Agency annual electricity costs annually during the April bill cycle and will credit or charge the Member Agency. Member Agency’s annual charges will be equal to or less than the amount that would have otherwise been charged to the Member Agency if the Member Agency did not participate in the Power Ready Program. e. CPA will provide Member Agency with educational/outreach materials and regular reporting on Solar+Storage System performance.
6. Indemnification. Each Party shall indemnify and hold harmless to the fullest extent permitted by law the other Party and its elected officials, officers, employees, members, volunteers, agents, and representatives from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and disbursements that may directly or indirectly arise and/or result from the indemnifying Party’s gross negligence or willful misconduct. This indemnification shall be only in proportion to and to the extent that such claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including attorneys’ fees and costs incurred in the defense of any such claim or any action or proceeding brought thereon arise from the negligent or intentional acts or omissions of indemnifying Party, and its officers, employees, invitees, or agents.
7. Insurance.
a. The Parties agree to provide and maintain throughout the term of this MOU, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees and contractors for the term of this MOU. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Member Agency’s commercial general liability policy, and Member Agency’s Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on CPA’s commercial 26 - 49
7 general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. The Parties agree to maintain throughout the term of this MOU, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the term of this MOU, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. d. Upon request, either Party shall provide the other evidence of such coverage naming the other Party as an additional insured including an additional insured endorsement issued by the insurance company or program of selfinsurance. e. CPA may waive or change any of the requirements in this Section 7 at its discretion, upon mutual agreement with the Member Agency. f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 6.
8. Publicity. Any publicity generated by either Party related to the performance of this MOU should reference both Parties’ contributions. Each Party shall make best efforts to display the words “Clean Power Alliance” and “[name of Member Agency]” in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible). Any piece of publicity, including those mentioned above, must be reviewed and approved by both Parties before issuing a press release. Each Party agrees to provide the other Party with reasonable time for review before such issuance.
Where CPA and Member Agency logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size. No signs may be posted, exhibited, or displayed on or about Member Agency property, except signage required by law or contemplated under this MOU, without prior written approval from Member Agency.
9. General Provisions.
a. Entire Agreement. This MOU represents the full and complete understanding between the Parties as to the subject matter of this MOU, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of the MOU.
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8 b. Amendment. Any amendment to or modification of this MOU will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this MOU. c. Governing Law and Venue. This MOU is governed by the laws of the State of California. Any lawsuits files related to this MOU must be filed with the Superior Court for the County of [insert County where Site located], State of California. d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
e. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. f. Headings. The headings in this MOU are for convenience only, are not a part of the MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
g. Severability / Partial Invalidity. If any term or provision of this MOU, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this MOU or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this MOU to carry out its intent. h. Survival. All provisions which by their nature must continue after the MOU expires or is terminated shall survive the MOU and remain in full force and effect, including but not limited to the indemnification requirement in Section 6 and the insurance requirements in Section 7.
i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:
To CPA:
[Contact Name]
[Contact Address]
[Email Address]
To Member Agency:
[Contact Name]
[Contact Address]
[Email Address]
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9 j. Electronic Signatures: This MOU may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this MOU and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts: This MOU may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this MOU on the latest date of execution set forth below.
[insert signature blocks]
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10 EXHIBIT A
Not yet included
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11 EXHIBIT B
Not yet included
1460740.2
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ATTACHMENT 6
CPA Power Ready South Pasadena Site Assessment
Overview: City Hall, Fire and Police Complex
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CPA Power Ready
1 Clean Power Alliance: Power Ready Program
South Pasadena Site Assessment Overview:
City Hall, Fire, & Police Complex
Address: 1414 Mission St., South Pasadena, CA 91030
Meter Number: 259000-019260
Solar Size 230 kW
BESS Size 167 kW / 667 kWh
Facility Age Unknown
Facility Size ≈30,000 ft2
Critical Loads 911 Dispatch Center, IT Servers, plug loads.
Some limited EV charging if feasible.
The South Pasadena City Hall, Fire Department, and Police Department are all housed in the same complex, centrally located in the community. East of this complex, across the street Mound Ave, there is a city-owned parking lot, with lightning loads on their own account (currently on an Edison lighting rate). South Pasadena and EcoMotion have received approval from the SCE planning department to combine the parking lot account and City Hall Complex account into a single account, to erect solar carports in the parking lot, and to use the solar panels to power City Hall loads, connecting the two via an underground conduit running under Mound Ave. The goal is to increase on-site carbon free generation at the facility, as well as create additional resilience for some critical loads in the event of grid outage.
Concurrent with the CPA Power Ready program, South Pasadena is pursuing fleet electrification in stages at this facility. Some DC Fast Charging is already installed (via AQMD grant) on its own electrical service. Additional Level 2 Charging is being installed (via SCE Charge Ready as well as C
'
CLEAN
POWER
ALLIANCE
.
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CPA Power Ready
2 other electrification programs), with some charging expected to be on its own electrical service, and some expected to be on the existing main service.
Intended Resilience
In the event of a grid outage, the Power Ready goal is to enable some limited critical loads to remain operational. There is a 125 kW generator currently backing up many plug loads, lighting loads, dispatch operations, IT servers, and some additional critical infrastructure.
One approach for the solar and storage system is to back up these same critical loads and take priority over the generator, allowing for carbon free resilience and relegating the generator to a backup of last resort.
Another approach would be to back up other loads not already backed up by the generator, increasing the amount of critical loads capable of operating during a grid outage. The ideal configuration will need to be determined with further input from the city.
Solar System Size and Location
The parking lot across the street (East of Mound Ave) from the City Hall can accommodate 230 kW of PV panels, spread across three carports. This is projected to generate approximately 400,000 kWh per year, roughly 75% of the facility’s current annual usage of 543,000 kWh (2019 interval data). Annual usage is expected to increase due to ongoing fleet electrification.
SCE planning has approved plans to consolidate the Parking lot and CIty Hall service accounts and run conduit under Mound Ave. SCE planning will continue to be involved in this project, in collaboration with the winning bidder.
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CPA Power Ready
3 BESS Size and Location
Our initial optimization suggests an ideal battery size of approximately 167 kW / 667kWh.
The facility has an annual peak kW demand of 131kW; through SGIP, a battery with 4-hour discharge may be sized up to 131kW / 524kWh. The Power Ready program design stipulates that approximately 25% of BESS capacity be maintained as a “Reserve Capacity” that is always ready for an unplanned outage. The remaining 75% of BESS capacity may be used for daily energy management services, notably energy arbitrage and peak demand clipping.
Ideally, the BESS will be sited close to the Main Electrical Service, in the parking lot on the north, central side of the facility. The city has indicated they will be able to site the BESS in this parking lot, giving up a parking space if necessary.
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CPA Power Ready
4 Electrical Infrastructure
The main 1,000A switchboard and meter is located outside, in the parking lot north of the facility, and west of the fire station bays. The backup generator (125 kW) is also located nearby, directly east of the MSB.
The main electrical room is located in the basement of the facility, directly underneath the central courtyard in the front of the facility (southernmost end of the complex). This main electrical room contains the generator ATS, which feeds Switchboard EDS (225 amp bus).
EDS feeds Transformer T1, which feeds Panel BE (lighting loads, phones, and plug loads in dispatch and computer office rooms), and Transformer T9, which feeds Panel BEE (IT Servers and Equipment), all located in this same room.
The single-line provided by the city is out of date: several additional panels have been backed up by the generator, via Switchboard EDS, that are not shown as such on the single line. These additional backup loads include Transformer T2 and Panel 1E, both located in the fire truck bay’s restroom (police plug loads, an exhaust fan, and a boiler control).
Additional information regarding critical loads and electrical and building plans are available in the Fulcrum App and Shared Drive.
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ATTACHMENT 7
MWD Stormwater for Direct Use Pilot Program
Informational Flyer
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CISTERN
STORMWATER
RUNOFF
FLOW METER
FLOW METER PUMP
Evaluating rainfall’s potential
Southern California's water resources increasingly rely on a diverse water supply portfolio. Since early 2020, Metropolitan Water District of Southern California has evaluated local stormwater capture projects to better understand their performance and regional water supply benefits. This program provides financial incentives to develop, monitor and assess new or existing direct-use stormwater projects across the district's service area.
What is direct use?
Direct-use projects capture local rainfall and
stormwater runoff. The captured water is typically
stored in an underground cistern and used to
meet non-potable demands.
Who can apply for funding?
The pilot program is open to commercial, institutional
and industrial sites within Metropolitan’s service area.
Applications must be submitted by Metropolitan
member agency where the project is located.
Projects are subject to review and selected on a
first-come, first-served basis per climate zone
(coastal, mid, inland) and project type (new or retrofit).
Funding is secured once approved.
Criteria
To be eligible to participate in the pilot program, project must:
• Include meter(s) for measurement of capture and use
• Offset potable or reclaimed water use
• Be within Metropolitan’s service area
• Have an estimated minimum design capture and use
of one acre-foot per year
• Have completed CEQA documents, if needed
• Submit project schedule
• Submit original project construction cost at the time of application (for retrofit projects only)
STORMWATER FOR DIRECT USE
PILOT PROGRAM
Project types
New construction projects entail construction of a rain capture system and installation of metering equipment.
Retrofit projects entail an installation of metering equipment at existing project sites.
HOW DIRECT USE WORKS
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• • •
• • • • • •
• •
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Funding
Timeline
PROJECT TYPE FUNDING COMPONENTS
Construction/Installation Monitoring & Reporting
Retrofit
Up to $100,000 of eligible costs
(design, material, installation) $20,000/report
Capped at $160,000/project
New Construction
1:1 match, up to $440,000 of eligible costs
(design, material, construction) $20,000/report
Capped at $500,000/project
RETROFIT PROJECTS
1. Projects have one year from agreement execution to
complete installation of metering equipment and
begin monitoring
2. Three years of monitoring and reporting
1-2 YEARS
Construction/Installation
Monitoring
Report 1 Report 2 Report 3
AGREEMENT EXECUTION PROJECT STARTS OPERATION AGREEMENT TERMINATION YEAR 3 YEAR 4 YEAR 5
NEW CONSTRUCTION PROJECTS
1. Projects have two years from agreement execution to
complete construction and installation of metering
equipment, start operation, and begin monitoring
2. Three years of monitoring and reporting
MWD Imaging Services
October 2020
ABOUT METROPOLITAN
The Metropolitan Water District of Southern California is a state-established cooperative of 26 member agencies – cities and public water agencies – that serve 19 million people in six counties. Metropolitan imports water from the Colorado River and Northern California to supplement local supplies and helps its members develop increased water conservation, recycling, storage and other resource management programs.
OUR MISSION
The mission of the Metropolitan Water District of Southern California is to provide its service area with adequate and reliable supplies of high-quality water to meet present and future needs in an environmentally and economically responsible way.
@mwdh2o mwdh2o.com/StormwaterDirectUse
Noosha Razavian
[email protected]
213.217.6492
Contact
00999
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ATTACHMENT 8
Stormwater for Direct Use Pilot Program Draft Agreement between Metropolitan Water District of Southern
California, Upper San Gabriel Valley Municipal Water
District, and City of South Pasadena for the
City Hall Stormwater Direct Use Project
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AGREEMENT
BETWEEN
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, AND CITY OF SOUTH PASADENA STORMWATER FOR DIRECT USE PILOT PROGRAM – SOUTH PASADENA CITY HALL
STORMWATER DIRECT USE PROJECT
AGREEMENT NUMBER
xxxxxx
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Table of Contents
USGVMWD and South Pasadena i Agreement No. xxxxxx
Paragraph…………………………………………………………………………………………………………………………………………Page Contract Cover Page
Explanatory Recitals...................................................................................................................................... 3 Terms Of Agreement..................................................................................................................................... 4
1. Scope Of Work ................................................................................................................................. 4
2. Time And Term................................................................................................................................. 4
3. Agreement Administrators.............................................................................................................. 4
6. Independent Contractor.................................................................................................................. 5
7. Consultants And Sub-Consultants.................................................................................................... 5
8. Metropolitan’s Maximum Amount Payable And Reimbursement Procedure ................................ 6
9. Billings And Payments...................................................................................................................... 7
10. Reporting Requirements.................................................................................................................. 8
11. Ownership And Responsibilities ...................................................................................................... 9
12. Business Outreach Program............................................................................................................. 9
13. Successors And Assignment............................................................................................................. 9
14. Use Of Materials.............................................................................................................................. 9
15. Intellectual Property ......................................................................................................................10
16. Representations.............................................................................................................................11
17. Legal Requirements .......................................................................................................................11
18. Guarantee And Warranty...............................................................................................................11
19. Indemnity.......................................................................................................................................11
20. Insurance........................................................................................................................................12
21. Audit...............................................................................................................................................15
22. Equal Employment Opportunity, Affirmative Action, And Notification Of Employee Rights Under The NLRA........................................................................................................................................16
23. Prohibited Relationships With Sanctioned Countries And Persons...............................................16 1111
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USGVMWD and South Pasadena ii Agreement No. xxxxxx
24. Termination....................................................................................................................................17
25. Force Majeure Events....................................................................................................................18
26. Notices...........................................................................................................................................18
27. Severability.....................................................................................................................................19
28. Jurisdiction And Venue ..................................................................................................................19
29. Waiver............................................................................................................................................19
30. Entire Agreement...........................................................................................................................19
31. Joint Drafting..................................................................................................................................20 Signature Page ............................................................................................................................................21 Exhibit A – Scope Of Work ..........................................................................................................................22 Exhibit B – Reporting Schedule...................................................................................................................24 Exhibit C – Sample Invoice & Budget Tracking Sheet .................................................................................25 Exhibit D – Quarterly Progress Report........................................................................................................27 Exhibit E – Annual Monitoring Report & Database Collection....................................................................28 Exhibit F – Final Report ...............................................................................................................................31 Exhibit G – Acord Form Or Equivalent ........................................................................................................32 1111
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USGVMWD and South Pasadena 3 Agreement No. xxxxxx
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AGREEMENT NO. XXXXXX
STORMWATER FOR DIRECT USE PILOT PROGRAM
SOUTH PASADENA CITY HALL STORMWATER DIRECT USE PROJECT
This Agreement is between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public agency of the State of California, organized and existing under The Metropolitan Water District Act of the State of California, hereinafter referred to as Metropolitan, Upper San Gabriel Valley Municipal Water District, hereinafter referred to as USGVMD, and City of South Pasadena, hereinafter referred to as South Pasadena. USGVMWD and South Pasadena may be collective referred to as “Agencies.” Explanatory Recitals
1. Metropolitan is a public agency of the State of California engaged in transporting, storing, and distributing water in the counties of Los Angeles, Orange, Riverside, San Diego, San Bernardino, and Ventura, within the State of California.
2. This Agreement is entered into with Agencies in response to the launch of the Stormwater for Direct Use Pilot Program (Pilot Program) on January 21, 2020. As approved in Board Letter 8-5 dated September 10, 2019, the Pilot Program encourages development and monitoring of new and existing direct-use stormwater projects by providing financial incentives for construction or retrofit of projects and supplemental monitoring and reporting costs. The primary purpose of the Pilot Program is to collect data from several region-wide stormwater projects. The data collected will provide a better understanding of actual stormwater runoff capture volumes, costs, and project performance. The Pilot Program will help evaluate the potential water supply benefits delivered by stormwater capture projects and provide a basis for potential future funding approaches.
3. USGVMWD, on behalf of South Pasadena submitted an online application for the South Pasadena City Hall Stormwater Direct Use Project (Project) on December 31, 2021. As approved in Board Letter X-X, dated [Date], the Board authorized Metropolitan to enter -
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USGVMWD and South Pasadena 4 Agreement No. xxxxxx
into an agreement with a maximum of $500,000 for the construction, monitoring, and reporting related to the Project. The effective date of this Agreement is [Date].
4. Under this Program, South Pasadena shall perform the work on the Project and own the Project and USGVMWD shall be responsible to Metropolitan for monitoring that work and reporting the costs and other deliverables under the Agreement to Metropolitan.
5. Metropolitan desires to enter into this agreement with Agencies, and Agencies desire to perform the work according to the terms set forth hereinafter.
Terms of Agreement
1. Scope of Work
South Pasadena shall perform the work described in detail in the Scope of Work attached hereto as Exhibit A.
a. Any adjustments to descriptions, budget amounts, and schedules in Exhibit A, require written notice to, and approval by Metropolitan; South Pasadena must certify that any such adjustments do not materially change the basic scope of work, the scheduled deliverables, and/or the Maximum Cost to Metropolitan as identified in this Agreement.
b. South Pasadena shall be responsible for verifying completion of a consultant’s or sub-consultants work in accordance with Exhibit A.
2. Time and Term
Time is of the essence in the performance of services under this Agreement. This Agreement is in effect from the effective date of the Agreement through December 31, 2027, subject to earlier termination pursuant to Section 23 Termination below.
3. Agreement Administrators
a. In performing the work under this Agreement, USGVMWD shall coordinate all contact with Metropolitan through its Agreement Administrator. For purposes of this Agreement, Metropolitan designates Jessica Arm as the Agreement Administrator. Metropolitan reserves the right to change this designation upon written notice to USGVMWD.
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USGVMWD and South Pasadena 5 Agreement No. xxxxxx
b. For purposes of this Agreement, USGVMWD designates Thomas A. Love, General Manager as the Agreement Administrator for USGVMWD. USGVMWD reserves the right to change this designation upon written notice to Metropolitan. c. For purposes of this Agreement, South Pasadena designates Ted Gerber, Director of Public Works, as the Agreement Administrator for South Pasadena. South Pasadena reserves the right to change this designation upon written notice to Metropolitan.
4. Independent Contractor
South Pasadena agrees to complete the Scope of Work detailed in Exhibit A under this Agreement in the capacity of an independent contractor and neither South Pasadena and its participating entities, consultants, and sub-consultants nor any of their employees shall be considered to be an employee or agent of Metropolitan. Participating entities are other public and private entities, separate from South Pasadena, which South Pasadena has indicated are participating in the work to provide deliverables as identified in Exhibit A.
5. Consultants and Sub-consultants
a. Agencies shall be responsible to Metropolitan for all work to be performed under this Agreement. All consultants and sub-consultants and their billing rates shall be approved by the USGVMWD and shall be reflected in consultant and sub-consultant invoices submitted by USGVMWD to Metropolitan. Agencies shall be liable and accountable for any and all payments or other compensation to all consultants and sub-consultants performing services under any agreement with Agencies that is necessary and applicable to the performance and completion of this Agreement. Metropolitan shall not be liable for any payment or other compensation for any consultants or sub-consultants. b. South Pasadena’s contracts with consultants and sub-consultants shall require consultants and sub-consultant to maintain Workers’ Compensation and Automobile Liability insurance as required by the State of California and include the following articles: Intellectual Property, Nonuse of Intellectual Property of 1111
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USGVMWD and South Pasadena 6 Agreement No. xxxxxx
Third Parties, Audit, Indemnity and Equal Employment Opportunity and Affirmative Actions as set forth in this Agreement.
c. As applicable, South Pasadena’s use of consultants and sub-consultants shall adhere to the requirements of Metropolitan’s Business Outreach Program as provided herein.
6. Metropolitan’s Maximum Amount Payable and Reimbursement Procedure a. Metropolitan’s maximum monetary contribution for the Project shall not exceed $500,000. Agencies shall be responsible for all costs in excess of Metropolitan’s payment as specified in this Agreement.
b. USGVMWD must include documentation in invoices that responsible parties have been paid for the costs submitted during the invoice period. The invoices should include a cover letter with a brief summary of the work completed under the costs invoiced and a discussion of any milestones reached or problems encountered during the period invoiced.
c. Metropolitan will reimburse costs incurred, for the following components:
i. Construction: Maximum Metropolitan payment of $440,000 (1:1 match of eligible costs) for the construction portion of the Project.
A 20 percent retention of funds will be held from each
Metropolitan water invoice credit until Project construction is completed.
ii. Monitoring/Reporting: Maximum Metropolitan payment of $60,000 ($20,000 per report) for a total of three reports, to cover the additional time and effort required to produce the data needed for this Pilot Program.
iii. In-kind services are not eligible for reimbursement and shall not be included in USGVMWD invoices to Metropolitan. In-kind services include, but are not limited to, work performed by staff of South Pasadena or staff of South Pasadena’s participating entities, and related expenses (e.g., travel, overhead, etc.). 1111
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USGVMWD and South Pasadena 7 Agreement No. xxxxxx
d. Eligible costs include work starting no earlier than the effective date of the Agreement, which is in compliance with the requirements of this Agreement and as set forth in Exhibit A. Metropolitan will not accept costs for work performed before the effective date of the Agreement.
7. Billings and Payments
a. All invoices related to the Project must be submitted by USGVMWD to Metropolitan during the term of this Agreement to be considered for payment under the provisions of this Agreement. Invoices received after the end date of this Agreement will not be paid unless Metropolitan, in its sole discretion, grants Agencies, in writing, an extension of time to complete the work and submit its invoices. A sample invoice is provided in Exhibit C. b. USGVMWD shall submit quarterly invoices for eligible costs to Metropolitan’s Accounts Payable Section, whose email address
is [email protected], and provide a copy to the Agreement Administrator at [email protected]. Any change of address must be submitted in writing to Metropolitan’s Professional Services Contracting Team at [email protected]. Without proper notification of an address change, USGVMWD’s invoice payment may be delayed. c. The individual listed in this Agreement as USGVMWD’s key personnel or other identified designee shall sign and certify the invoice to be true and correct to the best of his/her knowledge. Consultant’s invoices shall include the following information:
i. Consultant’s name and mailing address, Rancho Los Cerritos’ name and mailing address, Metropolitan’s project name and agreement number, the beginning and ending billing dates, the maximum amount payable, a summary of costs for the current invoice, amount due for this invoice, and cumulative total amount previously invoiced.
ii. Those invoices with consultant labor charges shall be itemized by date of service, employee name, title/classification, corresponding labor rate, 1111
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USGVMWD and South Pasadena 8 Agreement No. xxxxxx
number of hours worked, description of work performed, total amount due for labor charges.
d. Subject to the approval of the Agreement Administrator, Metropolitan shall make payment to South Pasadena 30 days after the date of the invoice.
USGVMWD’s invoices submitted more than 90 days after completion of work, may be delayed or not paid.
e. Metropolitan and USGVMWD have entered into agreements for other projects in addition to this Agreement. Each agreement contains specific terms and conditions, payment processes, and project performance criteria. Unless approved in writing by Metropolitan, these agreements are independent from each other, and one agreement shall not be used to fulfill the performance requirements under other agreements. These provisions shall also apply to all future incentive agreements between Metropolitan and Agency.
8. Reporting Requirements
a. USGVMWD shall submit quarterly progress reports to Metropolitan, accompanying each invoice, on the fifteenth day of the following month after the proceeding quarter, and in accordance with the reporting schedule in Exhibit B, Reporting Schedule. USGVMWD shall, at a minimum, include the items listed in Exhibit C, Quarterly Progress Report, and USGVMWD shall document all activities and expenditures to date in the progress reports. The submittal of these reports is a requirement for ongoing disbursement of funds. b. Upon completion of the Project, USGVMWD shall prepare and submit three Annual Monitoring Reports and a Final Report to Metropolitan, which shall include, at a minimum, the items listed in Exhibit D, Annual Monitoring Report & Database Collection, and Exhibit E, Final Report, respectively. All reportsshall be submitted in digital format and approved by Metropolitan prior to payment of funds by Metropolitan.
c. Failure of USGVMWD to submit Progress Reports , Annual Monitoring Reports, or Final Report within the timeframe established in Exhibit B or within any authorized extension of time will be a breach of this agreement. 1111
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USGVMWD and South Pasadena 9 Agreement No. xxxxxx
9. Ownership and Responsibilities
a. South Pasadena shall be the sole owner of Project facilities. Neither Metropolitan nor USGVMWD shall have no ownership right, title, security interest or other interest in the Project facilities.
b. South Pasadena shall be solely responsible for all design, environmental compliance, right-of-way acquisitions, permits, construction, and cost of the Project and all modifications thereof.
c. South Pasadena shall be solely responsible for operating and maintaining the Project, in accordance with all applicable local, state, and federal laws.
Metropolitan shall have no rights, duties or responsibilities for operation and maintenance of Project facilities.
10. Business Outreach Program
It is the policy of Metropolitan Water District to solicit participation in the performance of all construction, professional services, procurement contracts, supplies, and equipment procured by Metropolitan by all individuals and businesses, including but not limited to small businesses, locally owned businesses, women, minorities, disabled veterans, and economically disadvantaged enterprises. In performing services under this Agreement, South Pasadena shall endeavor to further this policy whenever practicable.
11. Successors and Assignment
This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Agencies, including its participating entities, consultants, and subconsultants, shall not assign or transfer their interest in this Agreement.
12. Use of Materials
Metropolitan will make available to USGVMWD such materials from its files as may be required by USGVMWD to perform services under this Agreement. Such materials shall remain the property of Metropolitan while in USGVMWD’s possession. Upon termination of this Agreement and payment of outstanding invoices of USGVMWD, or completion of work under this Agreement, USGVMWD shall turn over to Metropolitan any property of Metropolitan in its 1111
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USGVMWD and South Pasadena 10 Agreement No. xxxxxx
possession and any calculations, notes, reports, electronic files, or other materials prepared by USGVMWD in the course of performing the services under this Agreement.
13. Intellectual Property
a. All right, title and interest in all intellectual property conceived or developed pursuant to this Agreement shall be the property of South Pasadena and South Pasadena hereby grants Metropolitan and its member public agencies a perpetual, nonexclusive license, at no cost, to use the intellectual property developed in the course of the work performed under this Agreement by South Pasadena or any contractor and consultant working on the Project as described in Exhibit A. As used herein, the term “intellectual property” includes, but is not limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade secrets, other confidential information and software. b. South Pasadena agrees that all results produced in the performance of this Agreement may be released to the public.
c. Metropolitan may utilize any material prepared or utilize work performed by Agencies pursuant to this Agreement, including computer software, in any manner which Metropolitan deems proper without additional compensation to Agencies. Agencies shall have no responsibility or liability for any revisions, changes, or corrections made by Metropolitan, or any use or reuse pursuant to the paragraph unless Agencies accept such responsibility in writing. d. South Pasadena shall include the following language in its agreement with any consultant or contractor retained by South Pasadena City to work on the Project:
“All intellectual property developed pursuant to this Agreement is owned by South Pasadena. As used herein, the term ‘intellectual property’ includes, but is not limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade secrets, other confidential information and software.” e. Agencies shall promptly notify Metropolitan, in writing, of all intellectual property conceived or developed in the course of their work for Metropolitan under this Agreement.
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USGVMWD and South Pasadena 11 Agreement No. xxxxxx
14. Representations
Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement and agrees that:
a. This Agreement is legally enforceable;
b. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to this Agreement in the water rates charged to its Member Agencies, including USGVMWD.
15. Legal Requirements
South Pasadena shall secure and maintain all licenses or permits required by law and shall comply with all ordinances, laws, orders, rules, and regulations pertaining to the Project work.
16. Guarantee and Warranty
a. Agencies guarantee and warrant that the Project work shall be performed and completed in accordance with generally accepted industry standards, practices, and principles applicable to the work.
b. Representatives of Metropolitan and USGVMWD shall at all times have access to the Project work for purposes of inspecting same and determining that the work is being performed in accordance with the terms of this Agreement.
17. Indemnity
a. South Pasadena assumes all risk of injury to its employees, agents, consultants, sub-consultants, and contractors, including loss or damage to property, in the performance of this Agreement, except for those losses due to Metropolitan’s negligence, recklessness or willful misconduct.
b. South Pasadena shall defend, indemnify, and hold harmless Metropolitan, USGVMWD, their Board of Directors, officers, employees, and agents from and against all claims, suits, or causes of action for injury to any person or damage to any property to the proportionate extent arising out of, pertaining to, or related to South Pasadena’s and its participating entities’, consultants’, and sub1111 26 - 75
USGVMWD and South Pasadena 12 Agreement No. xxxxxx
consultants’ negligence, recklessness or willful misconduct in the performance of this Agreement, including any claims, suits, or causes of action by any employee of the South Pasadena and its participating entities, consultants, and subconsultants relating to his or her employment status with Metropolitan and/or rights to employment benefits from Metropolitan.
18. Insurance
a. South Pasadena shall procure and maintain or cause to be maintained for the duration of this Agreement insurance, or a program of self insurance, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by South Pasadena and its participating entities, consultants, and sub-consultants, and their agents, representatives, or employees.
b. South Pasadena shall sustain proof of insurance coverage in an updated ACORD form (attached hereto as Exhibit G), or equivalent, which in the case of selfinsurance consists of a letter outlining the risk financing program, and incorporated by reference, during the term of this Agreement. Failure to provide the updated insurance ACORD form, or equivalent, annually may result in the withholding of South Pasadena’s invoice payment. South Pasadena shall list the agreement number on the ACORD form, or equivalent, and email to Metropolitan’s Agreement Administrator at
[email protected] and a copy to
[email protected].
c. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office Commercial Liability coverage (occurrence Form CG0001).
ii. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1, (any auto).
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USGVMWD and South Pasadena 13 Agreement No. xxxxxx
iii. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
iv. Professional Liability or Errors and Omissions Liability insurance appropriate to South Pasadena’s profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
d. Minimum Limits of Insurance
South Pasadena shall maintain limits no less than:
i. General Liability: Including operations, products and completed operations as applicable, $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Project or location, or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation: Shall be furnished in accordance with statutory requirements of the State of California and shall include Employer’s Liability coverage of $1,000,000 per accident for bodily injury or disease.
iv. Professional Liability or Errors and Omissions Liability: $1,000,000 per claim, with a $2 million aggregate.
e. Acceptability of Insurers: Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A:VIII. A non-admitted carrier may be used with prior approval from Metropolitan, with an A.M. Best rating of no less than A: X. An exception to these standards will be made for the State Compensation Insurance Fund when not specifically rated. 1111
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USGVMWD and South Pasadena 14 Agreement No. xxxxxx
f. General Liability and Automobile Liability Endorsements: The commercial general liability policy and automobile policies are to contain, or be endorsed to contain, the following provisions:
i. Metropolitan, USGVMWD, their officers, officials, employees and agents are to be covered as additional insureds as respect to liability arising out of work or operations performed by or on behalf of South Pasadena; or automobiles owned, leased, hired or borrowed by South Pasadena.
ii. For any claims related to this Project, South Pasadena’s insurance coverage shall be primary insurance as respect to Metropolitan, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by Metropolitan, its officers, officials, employees or agents shall be excess of South Pasadena’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to Metropolitan.
iv. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. g. Other Endorsements and Insurance Provisions
i. All rights of subrogation under the property insurance policy (if the policy is required) have been waived against Metropolitan. ii. The workers’ compensation insurer, agrees to waive all rights of subrogation against Metropolitan for injuries to employees of the insured (South Pasadena) resulting from work for Metropolitan or use of Metropolitan’s premises or facilities.
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USGVMWD and South Pasadena 15 Agreement No. xxxxxx
iii. If General Liability, Pollution and/or any Asbestos Pollution Liability and/or professional liability or Errors & Omissions coverage are written on a claims-made form:
1) The “Retro Date” must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained for at least five (5) years after completion of the contract work. On Metropolitan’s request, South Pasadena shall provide evidence of
insurance verifying that coverage is/was in effect during said five-year period.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the contract effective date, South Pasadena must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
4) A copy of the claims reporting requirements must be
submitted to Metropolitan for review if requested.
19. Audit
a. Agencies shall be responsible for ensuring the accuracy and propriety of all billings and shall maintain all supporting documentation for the period specified below.
b. Metropolitan will have the right to audit Agencies’ invoices and all supporting documentation for purposes of compliance with this Agreement during the term of this Agreement and for a period of three years following completion of the Project as defined under this Agreement.
i. Agencies shall be responsible for maintaining the supporting documentation for a period of three years following completion of the Project as defined under this agreement
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USGVMWD and South Pasadena 16 Agreement No. xxxxxx
c. Upon reasonable notice from Metropolitan, Agencies shall cooperate fully with any audit of its billings conducted by Metropolitan and shall permit access to its books, records and accounts as may be necessary to conduct such audits.
20. Equal Employment Opportunity, Affirmative Action, and Notification of Employee Rights Under the NLRA
Metropolitan is an equal opportunity employer and a federal contractor. Consequently, the parties agree that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), and 41 CFR 60-741.5(a) and that these regulations are incorporated herein by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. These regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status, or disability. The parties additionally agree that, as applicable, they will abide by the written affirmative action program requirements of 41 CFR 60-1.40, 41 CFR 60-300.40, and 41 CFR 60-741.40. The parties also agree that, as applicable, they will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws. The parties further agree that, as applicable, they will abide by the requirements of Federal Acquisition Regulation Clauses 52.222-26 (Equal Opportunity), 52.222-35 (Equal Opportunity for Veterans), 52.222-36 (Affirmative Action for Workers with Disabilities), and
52.222-40 (Notification of Employee Rights Under the National Labor Relations Act) and that these regulations are incorporated herein by reference. Agencies agree to submit to Metropolitan evidence of compliance with this section, as applicable, within 30 days of a request.
21. Prohibited Relationships with Sanctioned Countries and Persons Agencies represent and warrant that both 1) Agencies’, and 2) to Agencies’ knowledge, its directors, officers, employees, subsidiaries, participating entities, consultants, and subconsultants, are not engaged in any business transactions or other activities prohibited by any laws, regulations or executive orders relating to terrorism, trade embargoes or money 1111
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USGVMWD and South Pasadena 17 Agreement No. xxxxxx
laundering (“Anti-Terrorism Laws”), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the “Executive Order”), the Patriot Act, and the regulations administered by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of Treasury, including those parties named on OFAC’s Specially Designated Nationals and Blocked Persons List. Agencies are in compliance with the regulations administered by OFAC and any other Anti-Terrorism Laws, including the Executive Order and the Patriot Act. In the event of any violation of this section, Metropolitan shall be entitled to immediately terminate this Agreement and take such other actions as are permitted or required to be taken under law or in equity.
22. Termination
a. Metropolitan may terminate this Agreement with or without cause by providing written notice to Agencies not less than thirty (30) days prior to an effective termination date. Metropolitan’s only obligation in the event of termination prior to completion of construction will be payment of fees, expenses, and noncancellable costs incurred prior to notification by the Agencies regarding breach of contract, including any retainage withheld by Metropolitan, in conformity with this Agreement up to and including the effective date of termination. b. Agencies may terminate this Agreement with or without cause by providing written notice to Metropolitan not less than thirty (30) days prior to an effective termination date. If Agencies terminate after start of operation of the Project, Agencies must provide all data collected prior to the effective date of termination. Metropolitan’s only obligation in the event of termination will be payment of fees and expenses incurred in conformity with this Agreement up to and including the effective date of termination.
c. This Agreement may be terminated by Metropolitan upon written notice to the Agencies if the Project has not started operation within two years from the effective date of the Agreement.
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USGVMWD and South Pasadena 18 Agreement No. xxxxxx
23. Force Majeure Events
a. Excuse to Performance: In addition to specific provisions of the Agreement, lack of performance by any Party shall not be deemed to be a breach of this Agreement, where delays or defaults are due to acts of God, or the elements, casualty, strikes, lockouts, or other labor disturbances, acts of the public enemy, orders or inaction of any kind from the government of the United States, the State of California, or any other governmental, military or civil authority (other than Metropolitan, or another party to this Agreement), war, insurrections, riots, epidemics, landslides, lightning, droughts, floods, fires, earthquakes, civil disturbances, freight embargoes, or any other inability of any Party, whether similar or dissimilar to those enumerated or otherwise, which are not within the control of the Party claiming such inability or disability, which such Party could not have avoided by exercising due diligence and care and with respect to which such Party shall use all reasonable efforts that are practically available to it in order to correct such condition (such conditions being herein referred to as "Force Majeure Events").
b. Responding to Force Majeure Events: The Parties agree that in the event of a Force Majeure Event which substantially interferes with the implementation of this Agreement, the Parties will use their good faith efforts to negotiate an interim or permanent modification to this Agreement which responds to the Force Majeure Event and maintains the principles pursuant to which this Agreement was executed.
24. Notices
Any notice or communication given under this Agreement shall be effective when deposited, postage prepaid, with the United States Postal Service or emailed and addressed to the contracting parties as follows:
Metropolitan Water District
of Southern California
Post Office Box 54153
Los Angeles, CA 90054-0153
Upper San Gabriel Valley Municipal Water
District
602 Huntington Dr B
Monrovia, CA 91016
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USGVMWD and South Pasadena 19 Agreement No. xxxxxx
Attention: Jessica Arm
Email: JArm@@mwdh2o.com
City of South Pasadena
1414 Mission St
South Pasadena, CA 91030
Attention: H. Ted Gerber
Email: [email protected]
Attention: Thomas A. Love
Email: [email protected]
Any party may change the address to which notice or communication is to be sent by providing advance written notice to the other party.
25. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
26. Jurisdiction and Venue
This Agreement shall be deemed a contract under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the proper venue of any action brought thereunder is and shall be Los Angeles County, California.
27. Waiver
No delay or failure by any party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof or of such party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. A waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.
28. Entire Agreement
a. This writing contains the entire agreement of the parties relating to the subject matter hereof; and the parties have made no agreements, representations, or warranties either written or oral relating to the subject matter hereof which are 1111
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USGVMWD and South Pasadena 20 Agreement No. xxxxxx
not set forth herein. Except as provided herein, this Agreement may not be modified or altered without formal amendment thereto.
b. Notwithstanding the foregoing, and to realize the purpose of this Agreement, the Agreement Administrator may issue a written modification to the Scope of Work, if this modification will not require a change to any other term of this Agreement.
29. Joint Drafting
All parties have participated in the drafting of this Agreement. //////
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USGVMWD and South Pasadena 21 Agreement No. xxxxxx
Signature Page
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date last written below.
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
UPPER SAN GABRIEL VALLEY MUNICIPAL Adel Hagekhalil
VALLEY WATER DISTRICT General Manager
By By
Thomas A. Love Brad Coffey
General Manager Group Manager
Water Resource Management
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Marcia L. Scully
General Counsel
By By
Andrew L. Jared Setha Schlang
City Attorney Deputy General Counsel
Date Date
CITY OF SOUTH PASADENA
By
H. Ted Gerber
Director of Public Works
Date
Analyst Initials: agr# - date
Attachments
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USGVMWD and South Pasadena 22 Agreement No. xxxxxx
Exhibit A – Scope of Work
STORMWATER FOR DIRECT USE PILOT PROGRAM
SOUTH PASADENA CITY HALL STORMWATER DIRECT USE PROJECT
1.0 Project Description
The project involves installation of new underground cisterns inside the existing City Hall staff parking lot plus drainage improvements in the surrounding area to redirect stormwater runoff to the cisterns. The project also includes improvements and minor alterations to existing landscaping, and an irrigation system to utilize the stored stormwater for landscape irrigation with solar powered pumps.
The Project will capture stormwater from 1.22 acres of roof top and paved parking areas that comprise the cisterns’ drainage area. According to records at weather station USW00093134 located at the University of Southern California (USC) downtown Los Angeles Campus, the average annual precipitation for period 1989 to 2019 is 13.93 inches per year. Based on the cistern drainage area characteristics, this results in an average annual runoff of 1.23 ac-ft per year. Long-term daily modeling of the system shows that the proposed cistern will capture 1.15 ac-ft/yr (93%) of the runoff, with the remaining 0.08 ac-ft/yr resulting from intense storms that exceed the capacity of the cisterns.
2.0 Proposed Water Savings Estimate
Water captured by the cisterns will be used to irrigate existing and proposed new landscaping in the parking lots and parkways along adjacent streets totaling 12,400 square feet. The consumptive water demand for this landscaped area is estimated at 1.19 ac-ft/year. Therefore, the water captured by the cisterns is more than 96% of the estimated consumptive water demand of the landscaped area. Table below shows the project estimated water savings.
Estimated Water Savings, ac-ft/yr
Total Stormwater
Runoff
Captured
Stormwater
Irrigation Water
Demand
Water Savings
1.23 1.15 1.19 1.15
3.0 Proposed Monitoring Methods
Project will monitor stormwater capture and water savings by using flow meters at; 1) Inflow to the cisterns, 2) Outflow from the cisterns, and 3) Drawdown pipe to the sanitary sewer. This data will provide a complete picture of the system water balance. In addition, the project will monitor water levels in the cisterns to guide system operation, scheduling and drawdown, and as a quality check on the flow monitoring data. Real-time project flow and level monitoring data will be available online.
r
l
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USGVMWD and South Pasadena 23 Agreement No. xxxxxx
4.0 Cost Estimates
*20% retention from each invoice (totaling $88,000) will be held by Metropolitan until completion of the Project’s construction.
5.0 Updated Project Schedule
The following is an overview of the milestones and remaining schedule for the Project.
Work completed to date consists of; 1) concept plans, 2) hydrology/hydraulic study and modeling, 3) sizing of major equipment (cisterns, pipes, pumps, solar), and 4) cost estimate.
Following table shows the preliminary milestone schedule of remaining work for the project.
Preliminary Milestone Schedule
Milestone Completion Date
1. City of S. Pasadena Funding Approval July 2022
2. Design-Build Award August 2022
3. 60% PS&E Package October 2022
4. Begin Construction December 2022
5. Substantive Completion August 2023
Project Milestone Total Project
Cost
Metropolitan
Funding Amount
Project Construction $1,020,000 $440,000*
Annual Monitoring Report No. 1 $-- $20,000
Annual Monitoring Report No. 2 $-- $20,000
Annual Monitoring Report No. 3 & Final Report $-- $20,000 Total: $1,020,000 $500,000
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USGVMWD and South Pasadena 24 Agreement No. xxxxxx
Exhibit B – Reporting Schedule
1.0 Invoices and Progress Reports
Invoices and progress reports shall be submitted quarterly, per the reporting schedule below, throughout the Project’s construction period.
Reporting Period Due Date
Quarter 1 (Jan. 1 – Mar. 31) May 15th
Quarter 2 (Apr. 1– Jun. 30) August 15th
Quarter 3 (Jul. 1 – Sep. 30) November 15th
Quarter 4 (Oct. 1– Dec. 31) February 15th
2.0 Annual Monitoring Reports and Database Collection, and Final Report Upon start of operation, the Project will begin the three-year monitoring and reporting period.
Below is an example reporting schedule, assuming the Project begins operation in August 2023.
Report Reporting Period* Due Date
Annual Monitoring Report No. 1 Aug. 1, 2023 – Jun. 30, 2025 Jul. 31, 2025 Annual Monitoring Report No. 2 Jul. 1, 2025 – Jun. 30, 2026 Jul. 31, 2026 Annual Monitoring Report No. 3 Jul. 1, 2026 – Jun. 30, 2027 Jul. 31, 2027 Final Report Nov. 1, 2027 – Jun. 30, 2027 Jul. 31, 2027 *Reporting period must capture a full fiscal year of data. 1111
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USGVMWD and South Pasadena 25 Agreement No. xxxxxx
Exhibit C – Sample Invoice & Budget Tracking Sheet
BILL TO INVOICE Metropolitan Water District of Southern California Accounts Payable Section
P.O. Box 54153
Los Angeles, CA 90054-0153
[email protected]
AGENCY NAME INVOICE DATE INVOICE NUMBER INVOICE PERIOD
ADDRESS PROJECT NAME
CONTACT CONTACT PHONE AGREEMENT NUMBER
ELIGIBLE PROJECT-RELATED EXPENSES
DESCRIPTION OF WORK DURING PERIOD
(e.g., consultant costs and hours, materials and supplies, etc.) COST
MONITORING REPORTS
REPORT # SUBMITTED DATE COST
1 2
3 TOTAL COSTS PAID FOR CURRENT INVOICE $ -
ELIGIBLE REIMBURSABLE COSTS (UP TO $440,000 OF TOTAL COSTS) RETENTION (20% OF ELIGIBLE REIMBURSABLE COSTS) $ -
REQUESTED AMOUNT - RETENTION
(80% OF ELIGIBLE REIMBURSABLE COSTS) $ -
MAXIMUM AWARD AMOUNT
$ -
PAID TO DATE CUMULATIVE
RETENTION
ELIGIBLE
REIMBURSABLE
COSTS FOR CURRENT
INVOICE
CUMULATIVE
REIMBURSABLE
COSTS
REMAINING AWARD
BALANCE
$ - $ - $ - $500,000 $-
By signing this invoice, agency certifies that work described herein is accurate and correct record of services performed for metropolitan under this agreement and this work has not been billed on any other client or study partner invoices.
PROJECT MANAGER
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USGVMWD and South Pasadena 26 Agreement No. xxxxxx
Exhibit C – Sample Invoice & Budget Tracking Sheet
BILL TO:
BUDGET TRACKING
PROJECT NAME INVOICE PERIOD INVOICE NUMBER
Metropolitan Water District of Southern California
Accounts Payable Section
P.O. Box 54153
Los Angeles, CA 90054-0153
AGREEMENT NUMBER
xxxxxx
A B C D E F G H
DESCRIPTION OF
WORK
TOTAL COSTS
PAID FOR
CURRENT INVOICE
ELIGIBLE
REIMBURSABLE
COSTS FOR
CURRENT INVOICE
(UP TO 50% OF B)
CUMULATIVE
COSTS
(INCLUDING
CURRENT
INVOICE)
CUMULATIVE
ELIGIBLE
REIMBURSABLE
COSTS (INCLUDING
CURRENT INVOICE)
(UP TO 50% OF D)
TOTAL
MONITORING
COSTS PAID
TO DATE
TOTAL AWARD
AMOUNT
REMAINING
AWARD BALANCE
(G – (E+F))
TOTAL
CUMULATIVE
RETENTION
CUMULATIVE
REIMBURSABLECOSTS $ -
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USGVMWD and South Pasadena 27 Agreement No. xxxxxx
Exhibit D – Quarterly Progress Report
At a minimum, the following items shall be included in the Quarterly Progress Reports.
1. Cover Letter
Provide a brief description of the submittal, including the time period of the invoice, the amount invoiced in the respective invoice period, a list of items being submitted, and contact information. The letter must be signed and include the following language:
“I am informed and believe that the information contained in this report is true and that the supporting data is accurate and complete.”
2. Progress Report
2.1 Project Status
a) Describe work performed during the stated period, by task. b) Describe major accomplishments, such as:
i. Tasks achieved
ii. Milestones met and deliverables completed
iii. Meetings held or attended
iv. Press release, etc.
c) Where applicable, describe how the activities carried out differed from the plans outlined in the Project Scope of Work. Identify any problems encountered in the performance of the work under this Agreement, and how these matters were addressed. d) If the stated period’s objectives were not met, explain why and how these goals will be approached for the next reporting period.
2.2 Cost Information
a) Identify costs incurred during the stated period by [Agency] and each partnering/supporting entity working on the Project.
b) Discuss how the actual budget is progressing in comparison to the latest Project budget.
Describe any differences that occurred, identifying budget impacts and/or problems encountered, and describe how these matters will be addressed for the next reporting period.
c) Provide a revised budget, by task, if changed from the latest Project budget.
2.3 Schedule Information
a) Provide a Project schedule showing actual progress versus planned progress from the latest schedule.
b) Discuss how the actual schedule is progressing in comparison to the latest Project schedule.
Justify any differences that occurred, identifying schedule impacts and/or problems encountered, and describe how these matters will be addressed for the next reporting period.
c) Provide a revised schedule, by task, if changed from the latest Project schedule. 1111
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USGVMWD and South Pasadena 28 Agreement No. xxxxxx
Exhibit E – Annual Monitoring Report & Database Collection Project Site General Information
Site Name
Site Address
City
County
Zipcode
Member Agency
Project Site Background Information
Updated Construction/Installation
Costs
Detailed Maintenance Costs
Monitoring Costs
Age of Development
Drainage Area Acres
Principal Land Use
(Industrial, commercial, institutional,
highways and/or freeways, open
space, or other)
Secondary Land Use
(Industrial, commercial, institutional,
highways and/or freeways, open
space, or other)
Percent Impervious
Main Type of Conveyance
(Curb and gutters, grass swales, or
both)
Annual Monitoring Report Information
Total Amount of Stormwater Captured
Capture Frequency
Cistern Size
Amount Applied
Frequency of Application
Detention Time
Type of Meter
Type of Site
(School, park, golf course, industrial
and commercial site, cemetery, etc.)
Nearest CIMIS Weather Station #1
1 The nearest California Irrigation Management Information System (CIMIS) station can be found here. 1111
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USGVMWD and South Pasadena 29 Agreement No. xxxxxx
Please provide the monthly total precipitation amounts during the past monitoring period based on the nearest CIMIS weather station. Please add additional rows as needed.
Month/Year Project Site- Total Precipitation
Amount (in)
CIMIS Station- Total Precipitation
Amount (in)2
Describe in more detail the weather patterns from this past year. For example, how many months, if any, were there storm events? In which months did the storm events occur? How did the weather patterns affect how the captured stormwater was collected and managed? Describe in more detail as to how the stormwater was used in this past year. For example, was the water beneficially used or discharged.
Describe in more detail as to how the captured stormwater was managed in this past year. For example, was the stormwater used immediately once captured, stored until cistern was full before use, or other.
2 Hourly, daily, monthly, and annual CIMIS data is available here. 26 - 93
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USGVMWD and South Pasadena 30 Agreement No. xxxxxx
Below are the items that will be required in the annual database collection. An Excel spreadsheet will be provided upon completion of the Project.
Variable Description Variable Description Variable Description Site Name Name of the project site Event # Number for each event Event # Number for each event Site Address Address of the project site Site Name Name of the project site Site Name Name of the project site City City where the project site is located Event Type Dry weather event or storm event Event Type Dry weather event or storm event County County where the project site is located Days Since Last Storm Event The number of days since the last storm event Outflow- Date The date of the event's outflow Zipcode Zipcode where the project site is located Inflow- Date The date of the event's inflow Outflow- Meter Time The time of the meter read for the outflow of the event Member Agency Agency of the project site Inflow- Meter Time The time of the meter read for the inflow of the event Outflow- Meter read The amount of water measured by the outflow meter Climate Zone Zone of the project site Inflow- Meter Read The amount of water measured by the inflow meter Meter Read Units The units of measurement for the meter read (gallons, ccf, etc.) CIMIS Weather Station # The station number of the nearest CIMIS weather station to the project site Meter Read Units The units of measurement for the meter read (gallons, ccf, etc.) Age of Development Age of the project site Precipitation Depth of the Meter Read (in)
The precipitation depth (in inches) measured at the time of the meter read
Primary Land Use
Primary use of the project site: Industrial, residential, commercial, institutional, highways and/or freeways, open space, or other
Daily Precipitation Depth at
the Project Site (in)
The total daily precipitation depth (in inches) at the project site
Secondary Land Use
Secondary use of the project site: Industrial, residential, commercial, institutional, highways and/or freeways, open space, or other
Daily Precipitation Depth at
the CIMIS Station (in)
The total daily precipitation depth (in inches) at the nearest CIMIS weather station
Percent Impervious Percentage of the site covered by imprevious surfaces Runoff (in) Total runoff depth in inches Main Type Conveyance Curb and gutters, grass swales, or both Runoff Vol Coef for Site The total runoff divided by total precipitation depth for the catchment
Controls The stormwater controls used in the water: detention storage, wet pond, or none Calculated Rv Volumetric runoff coefficient for the storm event Type of Meter Type of meter used on the project site Month of the Storm Event If a storm event occurred, please indicate the month(s) to which that the storm event took place
Site Information Inflow Event Information Outflow Event Information User Guide for the Storm Event Database
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USGVMWD and South Pasadena 31 Agreement No. xxxxxx
Exhibit F – Final Report
Describe your general findings and results of your stormwater project. When writing your description, consider the following questions:
• Did your project perform to your expectations?
• How much water did you capture and save through your project? • Did your project capture as much stormwater as you had anticipated? • What were the water quality benefits and costs savings from your project? Were there any changes to how the stormwater was beneficially used during the term of the Pilot Program? For example, was the stormwater captured or stored differently during the Program? If so, what were the reasons for these changes and how did these changes impact how the stormwater was managed?
What lessons did you learn from your project during the term of the Pilot Program? Is there any additional information you would like to provide regarding the collection and management of your stormwater program?
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USGVMWD and South Pasadena 32 Agreement No. xxxxxx
Exhibit G – ACORD Form or Equivalent
ACORDTM CERTIFICATE OF ISSUE DATE (MM/DD/YY)
INSURANCE
Producer THIS CERTIFICAIBIS ISSUED AS AMATIBROF INFORMA-TION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICAIB DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Company
CODE SUB-CODE Letter A
INSURED Company
Letter B
Company
Letter C
Company
Letter D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE IBRMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY POLICY POLICY LIMITS
LTR NUMBE EFFECTIVE EX'PIRATION
R DATE DATE
(MMIDDIYY) (MMIDDIYY)
GENERAL LIABILIIT GENERAL AGGREGATE $
0 COMMERCIAL GENERAL PRODUCTS-COMP/OPS AGGREGATE $
LIABILITY
0 CLAIMS MADE OCCUR. PERSONAL & ADVERTISING INJURY $
0 OWNER'S& EACH OCCURRENCE $
CONTRACTOR'S PROT.
FIRE DAMAGE (ANY ONE FIRE) $
MEDICAL EXPENSE (ANY ONE PERSON) $
COMBINED
AUTOMOBILE LIABILITY SINGLE $
LIMIT 0 ANY AUTO BODILY
0 ALL OWNED AUTOS INJURY
0 SCHEDULED AUTOS (PER PERSON) $
0 HIRED AUTOS BODILY
0 NON-OWNED AUTOS INJURY
0 GARAGE LIABILITY (PER ACCIDENT) $
PROPERTY $
DAMAGE
EXCESS LIABILITY EACH
0 UMBRELLA FORM OCCURRENCE $
0 OTHER THAN UMBRELLA ----
FORM AGGREGATE $
WORKERS COMPENSATION/ STATUTORY $
EMPLOYERS LIABILITY $ (EACH ACCIDENT)
□ AND $ (DISEASE--POLICY LIMIT)
EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE)
OTHER $
□ ERRORS AND OMMISSIONS $
□ CRIME OR DISHONEST BOND
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL IIBMS METROPOLITAN, ITS OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS ARE TO BE COVERED AS INSUREDS.
INSURANCE VERIFIED ON THIS CERTIFICAIB IS APPLICABLE TO AGREEMENT NO.
CERTIFICAIB HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE Metropolitan Water District of Southern Californ ia EXPIRATION DATE THEREOF, THE ISSUING COMP ANY WILL ENDEAVOR TO MAIL P.O. Box 54153, Terminal Annex DAYS WRITTEN NOTICE TO THE CERTIFICAIB HOLDER NAMED TO THE - Los Angeles Ca lifornia 90054 LEFT, BUT FAIL URE TO MAIL SUCH NOTICE SHALLIMPOSE NO OBLIGA-TI ON OR
LIABILITY OF ANY KIND UPON THE COMP ANY, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD ACORD CORPORATION 1998
26 - 96
-
ATTACHMENT 9
South Pasadena City Hall Stormwater Direct
Use Project Conceptual Plan
26 - 97
February 8, 2022
Project Location
1414 Mission St, South Pasadena, CA 91030
MWD Stormwater Direct Use Program
City Hall Stormwater Direct Use Project
City of S. Pasadena
N
CONCEPT PLANS - NOT FOR CONSTRUCTION
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0 26 - 98
1 2
3 4
5 MM/DD/YY REMARKS
_ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ...
... _ _ /_ _ /_ _
_ _ /_ _ /_ _
... S. Pasadena City Hall Stormwater Direct Use Project 01 N
Project Area Boundary
Catchment Area #1
32,945 SF
Catchment Area #2
20,609 SF
CONCEPT PLANS - NOT FOR CONSTRUCTION
A
Project Area
26 - 99
1 2
3 4
5 MM/DD/YY REMARKS
_ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ...
... _ _ /_ _ /_ _
_ _ /_ _ /_ _
... S. Pasadena City Hall Stormwater Direct Use Project 02 LEGEND
1. Stormwater flow
2. Irrigation water flow
3. Discharge to SS
4. Pressure pipe
5. Gravity pipe
6. Underground Irrigation Pipe
7. Catch Basin
8. Planter
9. Underground Vertical Cistern
10. Inflow Filter
11. Outflow Filter
12. SS Manhole
13. Meter/Valve Box
NOTES
1. Total landscaped area and storage volume to be
optimized during design
2. Planters do not receive stormwater runoff
3. Site grading will remain mostly as is
4. Cisterns will be fitted with solar powered pumps
N
1 MATCH LINE, CON'D ON SHEET A-03
0 40 80 160 FEET
3 12
4 5
5 6
6 7
8 4
9 10
11 13
13 2
2 6
CONCEPT PLANS - NOT FOR CONSTRUCTION
A
Plan - 1 of 2
--- ~
-
•••
~
0 0
0 •
□
26 - 100
1 2
3 4
5 MM/DD/YY REMARKS
_ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ...
... _ _ /_ _ /_ _
_ _ /_ _ /_ _
... S. Pasadena City Hall Stormwater Direct Use Project 03 NOTES
N
MATCH LINE, CON'D FROM SHEET A-02
1 0 40 80 160 FEET
LEGEND
1. Stormwater flow
2. Irrigation water flow
3. Discharge to SS
4. Pressure pipe
5. Gravity pipe
6. Underground Irrigation Pipe
7. French Drain
8. Planter
9. Underground Vertical Cistern
10. Inflow Filter
11. Outflow Filter
12. SS Manhole
13. Meter/Valve Box
7 7
6 8
8 2
4 5
4 6
6 4 8
8 5
6 8
2 1. Total landscaped area and storage volume to be
optimized during design
2. Planters do not receive stormwater runoff
3. Site grading will remain mostly as is
4. Cisterns will be fitted with solar powered pumps
CONCEPT PLANS - NOT FOR CONSTRUCTION
A
Plan - 2 of 2
N
--- ~ .. • ... ----
•••
....
~
0 0
0 •
□
26 - 101
1 2
3 4
5 MM/DD/YY REMARKS
_ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ...
... _ _ /_ _ /_ _
_ _ /_ _ /_ _
... S. Pasadena City Hall Stormwater Direct Use Project 04 NOT TO SCALE
RC SLAB
SECTION A-A
ID
MAIN ACCESS
Y
H
Z
A
A
PLAN
SECTION A-A
CONDUIT
CONNECTION
CUTOUTS
CONDUIT
OD
t
CONNECTION
CUTOUTS
T = 1.5 t
D
h
d
y
CONCEPT PLANS - NOT FOR CONSTRUCTION
A
WATERSILO
US Patent No.: US11028611B2
Spe cifications
X
/ ' /
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25,000 'xj(
/ / '
j
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ASTM C33 / C33M- 18. .. .. ! ' /,:
4000 ~ /
I O E
~ ' ,/
' / ' /
< - '
ATMOSPHERIC <.
14 12
12. DEPTH BELOW SURFACE (Z}, FT 18
EPTH (Y), FT 3&
30 18
4 6
E
E /
RC Sl.AIB
12. ~!,) - .//// , ... ~ " .,.: ~
.,. . .. ~ .
ACCESS COVER
n.,vo
HDPE
24 CO DUil
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t, /~ ,
-..-~-----..... -~----,---___ ,.,..........,_
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·-•-~:~:~·•-----,,-,----'--·: ~-~ ..~ /,· :'f< .c ·' .c·' - - .0-- < ~& / ~ _____________ ; _• - •,, . / . ",// v ',; , -" X ,, X Y A ·. -• . ' '-;,,{ :;(' , ' )( s:1rec
26 - 102
1 2
3 4
5 MM/DD/YY REMARKS
_ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ...
... _ _ /_ _ /_ _
_ _ /_ _ /_ _
... S. Pasadena City Hall Stormwater Direct Use Project 05 CONCEPT PLANS - NOT FOR CONSTRUCTION
A
STORMWATER FILTER
PLAN VIEW
NOTE: ADDITIONAL HEIGHT MAYBE
R1EQUJRED DEPENDING ON PIP.E SIZE
1. MANHOLE WALL AND SLAB
T HICKNESSES ARE NOT TO
SCALE.
2_ CONT ACT HYDRO
INTERNATIONAL FOR A BOTTOM
OF STRUCTURE ELEVATION
PRIOR TO SETTING FIRST
DEFENSE MANHOLE_
PREASSEMBL Y REFERENCE: 3.47 ft 1[1 .057 m]-------1-,11111 BOTTOM OF INTERNALS: 2.25 ft [.685 m]-----......
3_ CONTRACTOR TO CONFIRM
RIM, PIPE INVERTS, PIPE DIA
AND PIPE ORIENTATION PRIOR
TO RELEASE OF UNIT TO
FA8iRIGATION_
HYDRO FRAME AND
COVER (INCLUDED)
GRADE RINGS BY OTHERS
AS REQUIRED
PRODUCT SPECIFICATION:
1. Peak Hydraulic Flow: 18.0 cfs (510 1/s)
2. Min Sediment Storage Capacity: 0 .7 cu _ yd. (0.5 cu. m_)
3. Maximum Inlet/Outlet Pipe Diameters: 24 in. (600 mm)
4. The Treatment System Shall Use An Induced Vortex To Separate Polll utants From Stormwater Runoff. 5- For More Product Information Including Regulatory Acceptances, Please Visit https://hydro-intcom/en/products/first-defense
GENERAL NOTES:
1. General Arrangement drawings only. Contact Hydro International for site specific drawings.
2. The diameter of the- inlet and outlet pipes may be no more than 24".
3. Multiiple inlet pipes possible (refer to project plan).
4. Inlet/outlet pipe angle car, vary to align with drainage network (refer to project plan_s)
5. Peak flow rate and mfnimum height limited by available cover and pipe dfameter_
6. Larger sediment storage capacity may be provided with a deeper sump depth.
PROJECTION -$--E:3-
IF IN DOUBT ASK
O"tE: SCALE
1!0/7/201 9 1:30
SECTION A-A
DRAWN BY_
ER CHECKED BY:
MRJ I /\PPROVEO BY
PARTS LIST
ITEM QTY SIZE (in) SIZE (mm) DESCRIPTION
TIiie
4-ft DIAMETER
FIRST DEFENSE
GENERAL ARRANGEMENT
hydro-int com
HYDRO INTERNATIONAL
1 48 1200 I. D_ PRECAST MANHOLE t------t---+-----+------+---------------IW EIGHT: MATERIAL 19448 lbmass 2 INTERNAL COMPONENTS
{PRE-INSTALLED) STOCK NuMflER:
3 30 750 FRAME AND COVER (ROUND)
4 24 (MAX) 600 (MAX) OUTLET PIPE (BY OTHERS)
ORA.WING NO_: 1-----t-----+------------+------------'---:c.__----lFDGA-4 -'---1----------'---------'--------l SHEET SIZ£.• SHEET 5 24 (MAX) 600 (MAX) INLET PIPE (BY OTHERS) B 1 OF 1
s:1rec
Rev· I
- I
26 - 103
1 2
3 4
5 MM/DD/YY REMARKS
_ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ... _ _ /_ _ /_ _ ...
... _ _ /_ _ /_ _
_ _ /_ _ /_ _
... S. Pasadena City Hall Stormwater Direct Use Project 06 Long-Term (30-yr) Water Supply Modeling Results
CONCEPT PLANS - NOT FOR CONSTRUCTION
A
HYDROLOGY AND WATER USE MODELING
RESULTS
~ HydroCalc 1.0.2
Single Subarea
Inputs
Project Name
Subarea ID
Area (ac)
Multi-Subarea
Flo~, Path Length (ft)
Flo~, Path Slope (vft)hft)
8 S1h percentile Rainfall Depth On)
Perce:ntlmpervious (0,01-1.0)
Soil Type (2- 180)
Design Storm Frequency
Fire Factor
Chart
pasadena Dty Hall
I a stn P. storm
11.2J
10.0131
11.01 lo.98
13 8 5th percentil~ ..,.
lo
□
Outputs
Modeled (85th percentile storm) R.ainfal Depth (m) 1.07 Pe:ak Intensity On/hr)
Unde'!l' elaped Runoff Coefficient {Cu)
Deve'loped Runoff Coefficient (Cd)
Time of Concentration (min)
Clear Peak Flow Rate (cfs)
Burned Pe.ak Flow Rate (cfs)
24-Hr Clear Runoff VOiume (ac-ft)
24-Hr Clear Runoff volume (ru-ft)
...__ ____ _,
0.3592
0.1 0.884
17 0.3905
0.3905
0,0962
4188.372
Hydrograph (S. Pasadena City Hall: 85th P. Storm) 0.40 ----..------------------------......... -------- i
0.35 0.30
0.25 i 0.20
0 ti: 0.15
0.10 0.05
0.00 ..____ I _______________________________ ~ ......._ ........ __ ___ 0 200 400 000 800 1000 1200 1400 1600
Time (minutes)
X
1 600
-0
a. 500 .!!
-a
C
tlJ 400 E
cu
0 a.. 300 cu ...,
tlJ
s:
C 200
0 ;;
tlJ
100 -~ a.
...
0 0 1 2
Average Irrigation Wate Demand
4 5 6
Month
7 8 9
·•,
· ..•
·-.
'• .....•
Ul 11 12
Stormwater Runoff Caplure,
Total Stormwater
Runoff
ac-ft/y 1.23
% 100%
Captured
Storm water
1.19 96%
Captured
Runoff EKceeding Stmmwater Used
Storage for Irrigation
0.05 4%
0.30 25%
Captur,ed Stormwater Direct Use
ac-ft/y
%
s:1rec
Captured
Irrigation Water Stormwate.r U5ed Fre.shwater/RW Net Water Supply Demand for Irrigation Use-d for Irrigation Benefit
0.39 0.30 0.09 0.80
100% 77% 23%
Captured
Stormwater to S-S
0.89 75%
26 - 104