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ORANGE COUNTY WATER DISTRICT -2017
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ORANGE COUNTY WATER DISTRICT -2017
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Last modified
4/1/2021 3:40:58 PM
Creation date
8/24/2017 9:54:04 AM
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Contracts
Company Name
ORANGE COUNTY WATER DISTRICT
Contract #
A-2017-183
Agency
PUBLIC WORKS
Council Approval Date
8/1/2017
Expiration Date
6/30/2047
Insurance Exp Date
1/1/1900
Destruction Year
0
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SECTION FIVE: OPERATING OBLIGATIONS OF THE PARTIES <br />5.1 During the term of this Agreement, OCWD shall manage, operate and maintain <br />the Project Facilities in an efficient manner and in accordance with the highest standards of skill <br />and workmanship; provided, however, that OCWD tnay contract with RETAILER for the <br />performance by RETAILER of the actual maintenance, repair and replacement responsibilities <br />with respect to those Project Facilities located within the service boundaries of RETAILER. <br />RETAILER recognizes the special quality considerations relating to Project Water, and <br />RETAILER shall perform its maintenance, repair and replacement responsibilities in an efficient <br />manner and in accordance with the highest standards of skill and workmanship. OCWD retains <br />the right to make repairs to Project Facilities within the service boundaries of RETAILER. <br />RETAILER shall receive as a credit against all monies due OCWD, pursuant to paragraph 3.2 <br />herein above for the sale of Project Water, the cost of such maintenance, repair and replacement <br />activities actually undertaken by or on behalf of RETAILER, which costs shall include the actual <br />labor, material and equipment costs, plus overhead costs incurred by RETAILER and necessary <br />for such maintenance, repair and replacement activities. <br />5.2 Notwithstanding the provisions of paragraph 5.1, the operating responsibility of <br />OCWD with respect to the Project Facilities shall include the maintenance of quality, quantity <br />and pressure of the Project Water, and compliance with all regulatory requirements and <br />conditions applicable to the distribution and sale of Project Water, to the point of connection to <br />each Project Customer. <br />5.3 RETAILER shall, at no cost to OCWD, assume ownership, service, maintenance <br />and reading of the Project Water meter and valve set and meter box/vault for each Project <br />Customer in the same manner that RETAILER would for a customer service meter attached to its <br />potable water system. RETAILER further shall, at no cost to OCWD, be responsible for <br />customer service functions relating to all Project. Customers, including but not limited to billing <br />and collection of payments from Project Customers for the Project Water, record keeping, and <br />notification to OCWD of the quantity of Project Water delivered through each Project <br />Customer's meter during each meter reading period. <br />5.4 OCWD shall have the right to review the books, records and accounts maintained <br />by RETAILER relating to the Project water and Project Customers during normal business <br />hours, upon forty-eight (48) hours prior written notice to RETAILER. <br />5.5 OCWD shall operate the Project Facilities in such a manner that Project Water <br />shall be delivered to the point of connection to each. Project Customer on a continuous basis at a <br />pressure of not less than fifty (50) pounds per square inch. RETAILER shall assist OCWD in <br />achieving this pressure criterion by staggering Project Customer demand timeframes as needed. <br />OCWD shall strive to have a pressure greater than one hundred (100) pounds per square inch <br />entering the Project Facilities from the Water Treatment Facility. If OCWD's analysis of future <br />Project Customer sites indicates this pressure criteria cannot be met by the existing Project <br />8 of 20 <br />
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