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HomeMy WebLinkAboutORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM - 2001-09-04 OORANG'E COUNTY SANITATIV DISTRICT 5 - rv�. o1a5 1 June 28, 2002 phone: Todd Broussard [7 1 41 962-24141 1 1 fat: City of Huntington Beach [7141962- 356 P.O. Box 190 wrwr_oesd.com Huntington Beach, CA 92648 mailing address-- PC) Box 6127 Fnxita•n Valley.CA SUBJECT: Cooperative Projects Program 92726-8127 Contract No. 0105 Amendment No. 1 street addoms: 10844�lhs Avenue FOLnta n Valley.CA 92708-7018 Enclosed is a copy of executed Cooperative Projects Program Contract No. 0105 Amendment No_ 1 for your fifes. The enclosed amendment extends Agecie Agencies the completion date from October 30, 2002 to April 30, 2003 and the overall 0 project completion date including submission of all project deliverables and Cities requests for reimbursement to May 28, 2003- Ana Srva Please be advised that any further requests for a contract extension will rca Buena park require Board of Directors approval. Cypress Fnunca,n Valley FuAer ve Ga:�dan Grove If you have any questions, please contact Pamela Koester at (714) 593-7379_ Huntsngtor> Beach Irvine Lan Habra `1 La Palma Las Alamitos r- Newpcirt Beach Orange Corina Chaudhry Plarent(a SoMa Ana Management Analyst Seal Beach Stanton riser CC-PK:jo ViLla Park Yorba Linda CC)uS OC3137,77 County of Drang■ Enclosure Districts Coss Mesa Midway Cty Water Districts Irvine Panch To rnarntaam world-class leadership in wastewater and vnrer resource rnanarger.:NRL CITY CLERICS ORIGINAL AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0105 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0105, is made and entered into, to be effective this �-\A day of 2002, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District" AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "Agency". RECITALS WHEREAS, on September 26, 2001, District entered into a Cooperative Projects Program Contract ("Original Contract") with Agency, in connection with District's Cooperative Projects Program; and WHEREAS, the term of the Contract is from the date of contract execution by both parties, through completion of the project, or October 30, 2002, whichever occurs first; and WHEREAS, the Original Contract with Agency will expire prior to the project's completion; and WHEREAS, District and Agency desire to extend the term of the Original Contract for an additional six (6) months, in order to allow Agency to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its project. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: 1 Section 1: -Section 4 of the Original Agreement dated September 26, 2001, is hereby amended to read as follows: "The term of this Contract shall be extended for a additional six (6) months from the original project completion date, up to and including April 30, 2003_ Requests for reimbursement must be received by May 28, 2003. Any extension beyond six (6) months, shall be approved by District's Board of Directors." Section 2_ Except as modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY S TATION DISTRICT By Blake P. Anderson, General Manager APPROVED AS TO FORM: THOMAS L. WOODRUFF GENE LCOUNSE By. CITY OF HUNTINGTON BEACH INITIATED AND APPROVED BY: Directorpfl5ublic Works CITY OF HUNTINGT 22,2 BEACH BY: ayor ATTESTED BY: city Clerk APPROVED ASS' TO FORM BY: P, City Attorney REVIEWED AND C2�� &f-!4—, APPROVED BY: City inistrator EDMS:003732013 3 • ! - J. CITY OF HUNTINGTON BEACH "o 005 ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPINIENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: .tune 10 2002 TO: Oran&e County Sanitation District ATTENTION- Pam Koester Name — — P.O. Box 8127 DEPARTMENT- Street Fountain Valley, CA 92728-8127 REGARDING: Amendments to Cooperative City,State,Zip Agreements re: Sewer Rehab Projects See Attached Action Agenda Item E-4 Date of Approval 6/3/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Please return an executed copy of each amendment to the address above, attn: Jeffrey Hughes, Deputy City Clerk. Thank you. Connie Brockway City Clerk - Attachments: Action Agenda: Page x Agreement 2x/ea Bonds Insurance RCA Deed Other CC: R. Beardsley DPW x Name Department RCA Agreement Insurance Other S. Krieger _ DPW x _ Nana Depannxnt RCA Agrcc =t insurance Other Name Department RCA Agecrxns a%urance Other Name Department RCA Agreemmi Insurance Other Name Department RCA Insurance {Teb ph on e: 714-5383227) CITY OF HUNTINGTON BEACH MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER:PW 02-052 c 01a5 Council/Agency Meeting Held: Ob—i5�-aZ Deferred/Continued to: roved ❑ Conditionally Approved ❑ Denied Clerk's ignature Council Meeting Date: June 3, 2002 Department ID Number: PW 02-052 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION T © C ti SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS m 4 SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR�_V C_VREPARED B tiunty BERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORD ' SUBJECT,: prove Amendments to Cooperative Agreements with thvrcVge Sanitation District for the Huntington Harbour Sewer Rehabilitation Projects Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue : On October 2, 2000, the City entered into an agreement with the Orange County Sanitation District for the Cooperative Projects Program for Phase 1 of the Huntington Harbour Sewer Rehabilitation Project. On September 26, 2001, a similar agreement was made for Phase 2 of the project. Amendments are necessary to provide six-month extensions for each project. Funding Source : No additional funding is required. Recommended Action : Motion to: 1. Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to Cooperative Agreement No. 0005 between the Orange County Sanitation District and the City of Huntington Beach; and 2. Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Cooperative Agreement No. 0105 between the Orange County Sanitation District and the City of Huntington Beach. Alternative Action(s): Deny approval of one or both of the amendments. This action would jeopardize the receipt of approximately $2 million from the Orange County Sanitation District Cooperative Projects Program grant. 02-052 Jun 3 Krieger(OCSD CPP) J'- 5/21/2002 3:28 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PW 02-052 Analysis: Agreement Number CP-0005 The Council authorized the execution of for the first phase of the sewer rehabilitation program within the Huntington Harbour tributary area on October 2. 2000 On June 18, 2001, the Council executed Amendment No_ 1 extending the project completion date to February 2, 2002. Although the actual construction work associated with Phase I has been completed and accepted by the City within the time allotted in Amendment No. 1, a second amendment is required for final processing for the grant reimbursement. Amendment No. 2 will extend the completion date to July 30, 2002. Agreement Number CP-0105 On September 26, 2001, Council approved an agreement for the second phase of the sewer rehabilitation program within the Huntington Harbour tributary area. At the time of grant application, it was anticipated that the project's construction would commence by February 2002. Delays in design and the contractor selection process have jeopardized the October 30, 2002, completion date. Under the provisions of the agreement, staff requested a time extension from the Orange County Sanitation District. The Orange County Sanitation District concurred and issued Amendment Number 1 that will extend the project completion date of Phase 2 until May 28, 2003. Public Works Commission Review: Not required. Environmental Status: Not applicable. Attachments}: City Clerk's Page Number No. Description 1. Amendment No_ 2 for CP # 0005 ---.-.- - L2. Amendment No 1 fdr CP # 0105 RCA Author: Krieger:jm G 1R C A12002102-052 Jun 3 Krieger (OCSD CPP) doc 02-052 Jun 3 Krieger(OCSD CPP).doc -3- 5/23/2002 3:15 PM ATTACHMENT 1 (s �� fly) ATTACHMENT 2 �A con�u� W AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0105 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0105, is made and entered into, to be effective this day of 2002, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District" AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "Agency". RECITALS WHEREAS, on September 26, 2001, District entered into a Cooperative Projects Program Contract ("Original Contract") with Agency, in connection with District's Cooperative Projects Program; and WHEREAS, the term of the Contract is from the date of contract execution by both parties, through completion of the project, or October 30, 2002, whichever occurs first, and WHEREAS, the Original Contract with Agency will expire prior to the project's completion; and WHEREAS, District and Agency desire to extend the term of the Original Contract for an additional six (6) months, in order to allow Agency to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its project. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: 0 Section 1: Section 4 of the Original Agreement dated September 26, 2001, is hereby amended to read as follows: "The term of this Contract shall be extended for a additional six (6) months from the original project completion date, up to and including April 30, 2003. Requests for reimbursement must be received by May 28, 2003. Any extension beyond six (6) months, shall be approved by District's Board of Directors." Section 2: Except as modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT By Blake P. Anderson, General Manager APPROVED AS TO FORM: THOMAS L. WOODRUFF GENE LCOUNSE By CITY OF HUNTINGTON BEACH INITIATED AND , j&4�.?C APPROVED BY: Director ublic Works L�- CITY OF HUNTINGT " •'•'• BEACH BY: Mayor , ATTESTED BY: ��•�''' '�'�' city Clerk APPROVED AS f 'k' - TO FORM BY: C, City Attorney REVIEWED AND C:� s. �- APPROVED BY: City Ad6hinistrator EDMS:003732013 3 R A ROUTING SHEET C INITIATING DEPARTMENT: Public Works SUBJECT: Approve Amendments to Cooperative Agreements with the the Orange County Sanitation District for the Huntington Harbour Sewer Rehabilitation Projects COUNCIL MEETING DATE: June 3, 2002 RCA ATTACHMENTS STATUS . Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map andlor other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full b the Cit Attorne Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff !L a� Assistant City Administrator Initial City Administrator Initial CitX Clerk ,r,� EXPLANATION FOR RETURN OF ITEM: (Below . . Only) RCA Author. SEK Council/Agency Meeting Held: Deferred/Continued to- roved ❑ onditionally Approved v Dented IX;• it _P(ertifs sgnature o u n c i I Meeting ate: September 4, 2001 Department ID Num er- PW 01-116 CZ CITY OF HUNTINGTON BEACH o REQUEST FOR ACTION ' `- ­4Z" X7 x�r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORoRV `^ z c7 n PREPARED BY: ROBERT F- BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: APPROVE CONTRACT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY FOR THE COOPERATIVE PROJECTS PROGRAM Fst ement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue To be eligible for grant funding, the City is required to enter into a contract with the Orange County Sanitation District (District) for the FY 2001/02 Cooperative Projects Program The District has approved $1 million for sewer lining in Huntington Harbour- f qn_qjRg Source : No funding is necessary for the contract_ The District will provide grant funds of $1 million. Recommended Action : Motion to: Approve and authorize the Mayor and City Clerk to execute the Orange County Sanitation District Cooperative Projects Program Contract_ Alternative Action: Reject the contract with the Orange County Sanitation District Cooperative Projects Program and direct staff on how to proceed with the project- This action could result in the potential loss of $2,000,000 in grant funds- REQUEST FOR ACTION MEETING DATE: September 4, 2001 . DEPARTMENT ID NUMBER:PW 01-116 Ana�rsis: On April 1, 2001, the City submitted an Orange County Sanitation District Cooperative Projects Program grant application for the second phase of the sewer rehabilitation program within the Huntington Harbour tributary area. On July 31, 2001. staff received notice that the City was successful in obtaining the grant and now requires Council authorization to proceed with the process. As part of the authorization, the District requires that Council (1) approve the submittal of the project, (2) appropriate all project funds, and (3) enter into a contract with the District. This request satisfies these requirements_ The contract, which will provide partial funding for this project, has been reviewed by staff and is ready for execution. This program provides cities that operate within the service area of the District an opportunity to receive 50% matching funds from the District to help eliminate or reduce water inflow, groundwater infiltration and replace aging infrastructure used to collect wastewater that is delivered into the District's treatment facilities. Another $1 million grant from the Environmental Protection Agency (EPA) will be used as the match for the $2 million sewer-lining project approved by the Cooperative Projects Program for the second phase of the Huntington Harbour slip-lining project_ The project is budgeted in fiscal year 2001/02 Public Works Commission Review: Not required. Environmental Status Not applicable. Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2- Contract No CP-0105 (2-copies) RCA Author SEK:cf G-1R C A12001101-116 August 20 Krieger(OCSD CPP) doc 01-116 August 20 Krieger(OCSD CPP).doc -2- 8122101 2:13 PM ATTACHMENT 1 BOLSA AYE. Co H (A v1 N Y[ ADDEN YE E N AVE �NEn f� AYE N WARNER g AVE, z U SLATER AYE. 405 ,o TALBEAT AYE_ PACT C 9�'� EWI AYE NOT TO SCALE C� yc- GARf1EL0 AYE. �p yYORKTOWN AYE 's T AOAIIS AYE.� IPOARAPI LFS AVE. Y � g TLANTA � � AYE � \ OCFAN ` h�. ANN N \ A \ EDINGER AYFNUE pom \\\P\ROPOSED LINING AREA r\ qr C "HEIL AVENUE C0 WARNER AVENUE / o \ U O 2 N U �r O HUNTINGTON HARBOUR LOCATION MAP Ad CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 -Dent cm 44se wC41i C?coos' Contract No. CP-0105 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS,this contract is entered into on -?4, 2001 by and between the Orange County Sanitation District(hereinafter referred to as"DISTRICT")whose address is P.O. Box 8127,Fountain Valley, California 92728,and the City of Huntington Beach(hereinafter referred to as"AGENCY")and WHEREAS,DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter—Cologne Water Quality Control Act; and WHEREAS,DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit"A"(Project Description/Statement of Work)attached hereto and incorporated herein by reference,more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: 1. AUDIT-AGENCY shall,at least once every year or within two years of the termination of the contact if the term is less than two years,be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended,DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE—AGENCY agrees to adopt,by its Ordinance,the Uniform Plumbing Code, 1997 Edition,as amended,including specifically but not limited to,Chapter 10 and Appendix H,as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY,it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP-The AGENCY agrees to adopt the Best Management Practices(BMP)for water conservation,more particularly described in Exhibit"D" (Water Conservation—Best Management Practices)attached hereto and incorporated herein by reference. 1 0 4. SEWER MAINTENANCE PROGRAM - The AGENCY agrees to adopt a sewer maintenance program in accordance with hest management practices as defined by WF.F Manual of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from the sewers in order to minimize opportunities for blockages and spills. 5. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or October 30, 2002. w°hichever occurs first unless terminated earlier as provided for in Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by November 27, 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT. DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6) shall be approved by the DISTRICI"S Board of Directors_ 6. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A"(Project Description/Statement of Work), and Exhibit "C''{Project Milestone Schedule)attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen(15)days or provide written notification of its intention to terminate this Contract with thirty(30) days' written notice. Notification shall he provided in the manner set forth in Paragraph 23 below, entitled—"Notices_" Termination shall not be the exclusive remedy of the non-breaching party_ The non-breaching party reserves the right to seek any and all remedies provided by law_ DISTRICI'reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. INSURANCE- Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive)of One Million Dollars ($1,000.000). AGENCY shall require any Contractor perfonning services funded by this Contract to also provide evidence of standard form commercial or comprehensive general Iiability insurance for any project requiring wort:to be performed in a public right-elf'-way. The policy shall have a combined single limit of$2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or. alternatively$2.0 million aggregate separate for this Contract. AGENCY shalt maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured an such liability policy and thirty- (30)days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DIS"rRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof trom any payments owed to AGENCY_ 2 8. INDEMNIFICATION - AGENCY agrees to hold harmless,defend, and indemnify DISTRICT, its officers, employees, agents, representatives and successors-in-interest against any and all loss, damage, cost or expenses which DISTRICT, its officers. employees, agents, representatives and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, sub-agency's contractors, ter agents in the performance of this Contract. including but not limited to, any contract between Agency and any third party for the performance of work as part of the Project_ 9. PAYMENT A_ DISTRICT shall pay AGENCY a Firm Fixed Price of One Million Dollars ($1.000,000.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty(60)days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate. on AGENCY letterhead, and list DISTRICT contract number, period covered by invoice, and AGENCY'S )employer Identification Number and submitted to. Orange County Sanitation District, P.O. Box 8127. fountain Valley, CA 92728. Attn: Accounts Payable Department. �1 C. No funds shall be paid out to AGENCY pursuant to this Contract, until the , project, as set forth in Exhibit"A" is completed and proof of completion is provided to DISTRICT. If the project as described to Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT, no monies shall be due and payable to ,AGENCY. Proof of completion shall include a Final Report detailing the work that was done- D. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits"A"(Project Description/Statement of Work). "13"(Project Cost Breakdown), and "C" (Project Milestone Schedule) of this Contract, attached hereto and incorporated herein by reference. F_ If, at the completion of the Project described in Exhibit"A", the actual amount of Cooperative Projects Program funds utilized in performance of the project is less than the amount described in Exhibit "B". the Firm Fixed Price amount reimbursed it)AGE_,NCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 10. COMPLIANCE WITH APPLICABLE LAWS— AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts- 3 • • 1 I. EMPLOYERS OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers,employees,agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by I)ISTRICI'to its employees_ 12. OWNERS1 HP -Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCRIMINATTON — In the performance of this Contract, AGENCY shall not discriminate in recruiting,hiring,promotion,demotion, or termination practices on the basis of race,religious creed,color,natural origin,ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment& I lousing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub-AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 14_ ASSIGNMENT—The rights granted hereby may not he assigned,sold, licensed,or otherwise transferred by either party without the written consent of the other,and any attempt by either party to do so shall be void upon inception_ 15_ NON-EFFECT OF WAIVER .- AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of'such rights or remedies, unless otherwise provided for herein. 16. ATIURNEY'S FEES - In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own Attorney's fees and costs. 17_ FORCE MA]EURE - Neither DISTRICT nor AGENCY shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting. directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, stnkes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 18. SI VERARILITY — In the event that any one or more of the provisions contamcd in this Contract shall for any reason be held to be unenforceable in any respect by a court of 4 • i 18. SEVERABII_ITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as If such unenforceable provisions are not a part hereof. 19. HEADINGS Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify,or aid in the interpretation,construction,or meanm6 of the provisions of this Contract. 20. DUPI.ICA7'E�-.XFCU^LION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. GOVERNING LAW-This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be Orange County.Califomla. 22. PRE—CONTRACT COSTS - Any costs incurred by AGENCY prior to I)ISI RICK receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. if a formal Contract does result, pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 23. NOTICES - Any notices from either party to the other shall he given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in ,xrnting for notices by either parry to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier- DISTRICT- Orange County Sanitation District P.O. Box 8127 Fountain Valley,CA 92729-8127 Attn: Board Secretary AGENCY: City of Iluntington Beach P.O. Box 190 Huntington Beach,CA 92648 Attn: Steve Krieger, Civil Engineering Assistant 5 24. ENTIRE CONTRACT—This Contract represents the entire agreement between the p parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT,and there are no understandings,representations,or warranties of any kind except as expressly set forth herein. No waiver,alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF,the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECOMMENDED FOR APPROVAL: UGE COUNT-el-01 ?.Y S N DIS CT Ioard of Directors BY: G Secretary"hoard of Di tors APPROVED AS TO FORM: OMAS L.W DRUFF TRICT COUNSEL CITY OF HUNTINGTON BEACH ATTESTED BY: City Clerk INITIATED AND APPROVED BY: Direc or of Public Works CITY OF HUN GTON BEACH BY: 6/mayor APPROVED AS TO FORM: 8 p/ Ci Attorney REVIEWED ANDirA. APPROVED BY: Ci Administrator \\lead\datal\wp.dta\engVOBS&CONTRACTS\]-73\Cooperative Projects Program\fy01-02 contracts phase[\Huntington Beach\FY 2001-2002 AGREEMENT CP-0105 7-9-01.doc 6 i Exhibit A Project Description/Statement of Work i EXHIBIT A: PROJECT DESCRIPTION I STATEMENT OF WORK Protect Goals This is the second and final phase of the Huntington Harbour area, Last year the City submitted the first phase for consideration of the District's grant program. The request, which was approved, was to line approximately 52,000 lineal feet of sewer mains. The remaining 40-year-old sewer pipes, which in most cases have been installed below sea level, are upstream of the District's Warner.Avenue Trunk Sewer. The a„ City's goal is to continue to utilize a Green Book approved slip lining process to eliminate seawater infiltration that has occurred through the many joints of the approximate 26,000 lineal feet remaining of City owned sewer mains. At the present time the City provides minimal maintenance to the sewer mains within the Huntington Harbour area, due to the extent of the calcium build up at the numerous joints. The City believes this to be a direct correlation to the amount of seawater infiltration that has occurred over the years. It has been the City's experience that if calcium deposits are not controlled they will act as dams, which will interfere with the wastewater flow by creating blockages within the pipes. The City would like to mitigate these deposits in order to prevent potential sewage blockages and eventual backups onto the streets and ultimately into the adjacent Huntington HarbourlPacific Ocean. However, experience has shown that removing the deposits will significantly increase infiltration flows. Therefore, it is necessary to perform a slip line rehabilitation concurrently. Collectively, this will increase the service carrying capacity and reduce unnecessary utilization of the Harbor sewer lift stations. Not to mention the overall elimination of"clean" water treatment caused by the infiltration. From a construction stand point, slip lining the sewer mains is the best approach for the remaining Huntington Harbour area to achieve the City's goal. Additionally: utilizing the slip lining process for the aging sewer mains will add 50 year service life and will be the most cost effective and expeditious process that L will provide insurmountable benefit to the DISTRICT and the City. 1� • The Ci 's benefits would be: 1. Slip lining will prolong the life of the sewer mains and become more resistant to potential failure related to settlement or earthquakes. 2. Routine maintenance will be allowed to continue. 3. Increased capacity in sewer mains will result due to a reduction in infiltration and an increase in the Manning roughness coefficient. 4_ Operation & Maintenance (O&M) costs will be reduced due to a reduction in flow. The DISTRICTS benefits would be: 1. Increased capacity in the Warner trunk sewer and Slater Avenue lift station. 2. Reduced O&M costs at the DISTRICTS Slater lift station. 3. Reduction in infiltration in this area would reduce the amount of seawater treated at the DISTRICTS treatment plant. Both agencies would save future replacement and rehabilitation cost. Objectives In 1989 the City retained Ott Engineering to provide a study identifying the causes of capacity and water quality problems being experienced at five sewer lift stations located within the Huntington Harbour area. It was concluded that one of the main factors contributing to the problems the stations were experiencing was the excessive amount of seawater infiltrating through the then 25-year-old clay sewer pipes. In 1998 the DISTRICT retained Camp Dresser & McKee, Inc. (CDM) to conduct an infiltration investigation for their trunk sewer systems that included the Huntington Harbour area. One of the conclusions of this study was that there is a substantial amount of seawater infiltrating through the then 34-year-old City sewers. Since both the City and DISTRICT studies have identified the same problem within the Huntington Harbour area and both would receive benefits if the City sewers were to be slip lined, the City is submitting this application for consideration. The infiltration of seawater in the sewer mains is the primary contributor to the build-up of calcium deposits, which helps in the prevention of infiltration, but create a dam like feature trapping floating debris and interfering with the wastewater flow characteristics within the main and possibly causing blockages_ The City cannot provide the required cleaning that the sewers need as part of its routine maintenance program, because this would remove the calcium deposits which would in turn increase the amount of infiltration creating other problems within the sewer system. Additionally, the DISTRICT has stated that its treatment facility is receiving "clean" water from other Agencies mains upstream � • i of their trunk mains, which in turn increase its operational costs for treatment purposes. The rehabilitation of the City's Huntington Harbour area sewer mains by the slip ling process could significantly reduce the output of clean" water from this area into the DISTRICTS facility. Scope of Work, Including all Proiect Tasks City scope of work will be at a minimum the following. 1. Prepare plans and specifications 2. Award construction contract to: a. Clean obstructions within the sewer mains. b. Closed Circuit Television (CCTV) video all sewer mains, in order to identify service lateral locations and if any repairs are needed. c. Slip line the sewer mains with an approved method to provide a new pipe with an extended life of at least 40 years. d. Re-open all active service laterals. e. CCTV upon completion of slip lining for quality control and note any laterals that show signs of infiltration, which could be addressed at a future date. Pro'ect End Products and Deliverables 1. Pipes will no longer be susceptible to infiltration and calcium deposits after slip lining by elimination of all breaks and joints. 2. Stop surface settlement by stopping the infiltration of soil and bedding material, which often accompanies infiltration. 3. A rehabilitated system of clean, maintainable sewer mains. 4. Locate and possibly eliminate all or most illegal connections into the sewer system. Exhibit B Project Cost Breakdown c. . EXHMIT B: PROJECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: What is your funding contribution? $ 1,000,000 When will your funding become available? 3 to 6 months B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT R1. AGENCY funds available in FY2001-02 $ 1,000,000 2. Cooperative funds requested $ 1,000,000 3. Additional Project Co-Funding $ 0 4. Total Project Cost $ 2,000,000 YES NO Is the Cooperative Projects Program Funds request less than or equal to 50%of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less than or equal to 25%of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or equal to 50%of the Total Proposed Project Cost.) Is the applicant willing to accept a combination of a low interest loan and matching funds totaling less than or equal to 50%of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the ® [] total project cost, considering that the Cooperative Projects Program Funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover ANY costs increases, considering that increases in the Cooperative Projects Program Fund will not be available? i � i ! C- Please list all funding sources other than the Cooperative Projects Program: NON-COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. EPA Funds $ 1,000.000 2. S 3. $ 4. $ TOTAL OTHER PROJECT CO-FUNDING: S 1,000,000 D_ As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories. hourly rates, number of hours, etc. when defining labor costs. Please return this page as part of your Project Application: CAPITAL EQUIPMENT COSTS fPIPE, MANHOLE AMOUNT FRAME AND COVER, ETC.) I. *SIip line S. 10, 12 and 15 inch VCP sewer $ 1,187,550 26,390 IT @ S45/ 6.f- 2. Rehabilitate sewer manholes 2,144 v_£ @$I50/ v.f. $ 321,600 3. "FlowMonitoring $ 50,000 4. 22% Contingency including supplemental expenses and S 343,013 possible contractual changes during construction TOTAL CAPITAL EQLIPMENT COSTS: $ 1.902.163 'Includes: Mobilization of equipment. cleaning,video taping(pre and post), bypass pumping, traffic control, dewatering, grinding protruding service laterals, and re-opening of service laterals(price per lineal foot is an average for the various diameters of host pipe proposed to be rehabilitated). "includes: 5 stations for 21 days, before and after lining process, and final report DIRECT LABOR COSTS (including overhead and AMOUNT benefits): I. Project Engineering 300 Labor hours x 50.78 $/hour= S 15,234 2. Project Management 680 Labor hours x 53.33 S/hour= $ 36.264 3. Project Inspection 1,000 Labor hours x 46.39 $/hour= $ 46390 4. Labor hours x $/hour= $ 0 TOTAL DIRECT LABOR COSTS: S 97.889 • i OTHER DIRECT LABOR COSTS, INCLUDING SUB- AMOUNT AGENCIES: 1. S 2. S 3. $ 4. TOTAL OTHER DIRECT LABOR COSTS: $ ADMLNISTRATIVE COSTS: (Specify methodology for costs, i.e. % of project costs,actual cost breakdown etc.) $ TOTAL PROJECT COST: S 2,000,051 Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. Exhibit C Project Milestone Schedule EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1. — DISTRICT Award Grant- July 2, 2001 Task 5. — AGENCY Acceptance September 30, 2002 1 Task 5. — Interim Report Submitted February 28, 2002 Task 7. — Final Report Submitted October 30, 2002 J A S O N D ; J IF MIA M J J A S O PROJECT TASK u u e c o e a i e a l p a u u u e c I I g p t y c n , b r r y n I g p t Task 1- 1 DISTRICT Award Grant 1 + 1 1 1 1i I Task 2- 1 Project Design Task 3- I Contractor Selection Task 4- 1 Slip-line Sewers I Task 5- Interim Report Submitted i Task 6- AGENCY Acceptance i � Task 7- Final Report Submitted I t k I I 1{f E 1 l 4 Exhibit D Water Conservation - Best Management Practices EXHIBIT 1 OF THE MOU Adopted September 30, 1997 California Urban Water Conservation Council 455 Capitol Mall, Suite 705 Sacramento, CA 95814 Phone: 916-552-5885 Fax: 916-552-2931 September 30, 1997 • BMP 1 , WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Implementation Implementation shall consist of at least the following actions: a) Develop and implement a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers. b) DirectlY contact via letter or telephone not less than 20%of single-family residential customers and 20% of multi-family residential customers each reporting period. ' c) Surveys shall include indoor and outdoor components, and at minimum shall have the following elements: Indoor i) Check for leaks, including toilets, faucets, and meter check ii) Check showerhead flow rates, aerator flow rates, and offer to replace or recommend replacement, as necessary iii) Check toilet flow rates and offer to install or recommend installation of displacement device or direct customer to ULFT replacement program, as necessary; replace leaking toilet flapper, as necessary Outdoor iv) Check irrigation system and timers v) Review or develop customer irrigation schedule Recommended but not required vi) Measure currently landscaped area vii)Measure total irrigable area d) Provide customer with evaluation results and water saving recommendations, leave information packet with customer. e) Track surveys offered, surveys completed, survey results, and survey costs. BMP 1 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997, implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. d) The coverage requirement for this BMP,as specified in Section C of this Exhibit, shall be realized within 10 years of the date implementation was to commence. Coverage Requirements a) Not less than 15%of single-family residential accounts to receive water use surveys within 10 years of the date implementation was to commence. b) Not less than 1 5%of multi-family residential units to receive water use surveys within 10 years of the date implementation was to commence. Requirements for Documenting BMP Implementation a) Number of single-family residential accounts in service area. b) Number of multi-family residential accounts in service area. c) Number of single-family residential surveys offered during reporting period. d) Number of single-family residential surveys completed during reporting period. e) Number of multi-family residential surveys offered during reporting period. f) Number of multi-family residential surveys completed during reporting period. -2 - • BMP 4 i WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Criteria to Determine BMP ImRiementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has directly contacted not less than 20% of single-family residential accounts and 20% of multi-family residential units during period being reported. c) Agency is on schedule to complete surveys for 15% of single-family residential accounts and 15% of multi-family units within 10 years of the date implementation was to commence. Agencies will receive credit against the coverage requirement for previously completed residential water use surveys according to the following schedule:' %Credit Before 1990 0.00/0 1990 12.5% 1991 25.0% 1992 37.5% 1993 50.0010 1994 62.5% 1995 75.0% 1996 87.5% 1997 100.0% d) Agencies will be considered on track if the percent of single-family accounts and the percent of multi-family accounts receiving water use surveys equals or exceeds the following: 1.5% by end of first reporting period following date implementation to commence: 3.6% by end of second reporting period: 6.3% by end of third reporting period: 9.6% by end of fourth reporting period. and 13.5% by end of fifth reporting period. In its study -What is the Reliable Yield from Residential Home Water Survey Programs: The Experience of LADWP" (AWWA Conf. Proceedings_ 1995). A d: N Technical Services. inc.. found that the average level of savings from home water survevs decreased over time. reaching about 501/6 of initial yield by the fourth year following the survey. on average_ The above decay schedule used for crediting past surveys utilizes these findings to recognize and account for the limited persistence of water savings over time from ?tome water use • BMP 9 • WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Water Savings Assumptions Pre-1980 Post-1980 Construction Construction Low-floe showerhead retrofit -.4 ecd 2.9 ecd Toilet retrofit(five year life) 1.3 gcd 0.0 gcd Leak repair 0.5 gcd 0.5 gcd Landscape survey(outdoor use reduction) 10% 10% survevs- -4- i BMP 2 RESIDENTIAL PLUMBING RETROFIT Implementation Implementation shall consist of at least the following actions: a) ldentify single-family and multi-family residences constructed prior to 1992. Develop a targeting and marketing strategy to distribute or directly install high- quality, low-flow showerheads (rated 2.5 gpm or less),toilet displacement devices (as needed). toilet flappers (as needed) and faucet aerators (rated 2.2 gpm or less) as practical to residences requiring them. b) Maintain distribution and/or direct installation programs so that devices are distributed to not less than 10%of single-family connections and multi-family units each reporting period, or require through enforceable ordinance the replacement of high-flow showerheads and other water using fixtures with their low-flow counterparts, until it can be demonstrated in accordance with Section E of this Exhibit that 75% of single-faEmily residences and 75%of multi-family units are fitted with high-quality, low-flow showerheads. c) Track the type and number of retrofits completed, devices distributed. and program costs. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU,after December al, 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting the distribution and/or installation of high-quality, low-flow plumbing devices to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. d) An agency may elect to discontinue its device distribution programs without filing a formal budget or cost-effectiveness exemption when it can demonstrate that 75% of its single-family residences and 75% of its multi-family units constructed prior to 1992 are fitted with high-quality, low-flow showerheads. BMP 2 RESIDENTIAL PLUMBING RETROFIT Coverage Requirements a) Plumbing device distribution and installation programs to be maintained at a level sufficient to distribute high-quality, low-flow showerheads to not less than 10% of single-family residences and 10% of multi-family units constructed prior to 1992 each reporting period; or the enactment of an enforceable ordinance requiring the replacement of high-flow showerheads and other water use fixtures with their low- flow counterparts. b) Plumbing device distribution and installation programs to be operated until it can be demonstrated in accordance with Section E of this Exhibit that 75%of single-family residences and 75% of multi-family units are fitted with high-quality, low-flow showerheads. Requirements for Documenting BMP Implementation a) The target population of pre-1992 single-family residences and multi-family units to be provided showerheads and other water saving devices. b) The number of showerhead retrofit kits distributed during previous reporting period. c) The number of device retrofits completed during the previous reporting period. d) The estimated percentage of pre-1992 single-family residences and multi-family units in service area fitted with low-flow showerheads. Criteria to Determine BMP Implementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has tracked the type and number of retrofits completed, devices distributed, and program costs. - 2- t BMP 2 • RESIDENTIAL PLUMBING RETROFIT c) Agency EITHER i) has distributed or directly installed high-quality. low-flow showerheads and other low-flow plumbing devices to not less than I(N of single-family residences and 10% of multi-family units constructed prior to 1992 during the reporting period: and/or has enacted an ordinance requiring the replacement of high-flow showerheads and other water use fixtures with their low-flow counterparts. OR ii) can demonstrate through customer surveys vwith 95% statistical confidence and a t 10% error that 75% of single-family residences and 75% of multi-family units constructed prior to 1992 are fitted with low-flow showerheads. Water Savings Assumptions Pre-1980 Post-1980 Construction Construction Low-flow showerhead retrofit 7.2 gcd 2.9 gcd Toilet retrofit(five year life) 1.3 gcd 0.0 gcd 3 BMP 3 . SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR Implementation Implementation shall consist of at least the following actions: a) Annually complete a prescreening system audit to determine the need for a full-scale system audit. The prescreening system audit shall calculated as follows: i) Determine metered sales; ii) Determine other system verifiable uses; iii) Determine total supply into the system; iv) Divide metered sales plus other verifiable uses by total supply into the system. If this quantity is less than 0.9, a full-scale system audit is indicated. b) When indicated. agencies shall complete water audits of their distribution systems using methodology consistent with that described in AWWA's-Water Audit and Leak Detection Guidebook." c) Agencies shall advise customers whenever it appears possible that leaks exist on the customer's side of the meter; perform distribution system leak detection when warranted and cost-effective. and repair leaks when found. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July I. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 3 1, 1997. implementation shall commence no later than July I of the year following the year the agency signed or became subject to the MOU. Coverage Re uirements a) Agency shall maintain an active distribution system auditing program. b) Agency shall repair identified leaks whenever cost-effective. BMP 3 SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR Requirements for Documenting BMP Implementation a) Prescreening audit results and supporting documentation; b) Maintain in-house records of audit results or the completed AWWA Audit Worksheets for each completed audit period. Criteria to Determine BMP Implementation Status a) Agency has annually completed a pre-screening distribution system audit. b) Agency has conducted a full system audit consistent with methods described by AWWA's "Manual of Water Supply Practices, Water Audits and Leak Detection" whenever indicated by a pre-screening audit. Water Savings Assumptions Unaccounted water losses assumed to be no more than 10% of total water into the water supplier's system. - 2 - BMP 4 METERING WITH410MMODITY RATES FOR AL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS Implementation Implementation shall consist of at least the following actions: a) Requiring meters for all new connections and billing by volume of use b) Establishing a program for retrofitting existing unmetered connections and billing by volume of use. c) Identifying infra- and inter-agency disincentives or barriers to retrofitting mixed use commercial accounts %kith dedicated landscape meters, and conducting a feasibility study to assess the merits of a program to provide incentives to switch mixed use accounts to dedicated landscape meters. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, I997. implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) A plan to retrofit and bill by volume of use existing unmetered connections to be completed by end of the first reporting period following the date implementation was to commence. d) A feasibility study examining incentive programs to move landscape water uses on mixed-use meters to dedicated landscape meters to be completed by end of the first reporting period following the date implementation was to commence. Coverage Requirements 100°i0 of existing unmetered accounts to be metered and billed by volume of use within I0 vears of date implementation was to commence. - 1 - BMP 4 METERING WITH COMMODITY RATES FOR ALL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS Requirements for Documenting BMP implementation a) Confirmation that all new connections are metered and are being billed by volume of use. b) Number of unmetered accounts in the service area. For the purposes of evaluation. this shall be defined as the baseline meter retrofit target, and shall be used to calculate the agencies minimum annual retrofit requirement. c) Number of unmetered connections retrofitted during the reporting period. d) Number of CII accounts with mixed-use meters. e) Number of CII accounts with mixed-use meters retrofitted with dedicated irrigation meters during reporting period. Criteria to Determine BMP Implementation Status a) Agency with existing unmetered connections has completed a meter retrofit plan by end of first reporting period following the date implementation was to commence. b) Agency has completed a feasibility study examining incentive programs to move landscape water uses on mixed-use meters to dedicated landscape meters by end of first reporting period following the date implementation was to commence. c) Agency with existing unmetered connections is on track to meter these connections within 10 years of the date implementation was to commence. An agency will be considered on track if the percent of unmetered accounts retrofitted with meters equals or exceeds the following: 10%by end of first reporting period following date implementation to commence; 24% by end of second reporting period; 42% by end of third reporting period; 64% by end of fourth reporting period; and 90%by end of fifth reporting period. Water Savings Assumptions Assume meter retrofits will result in a 20%reduction in demand by retrofitted accounts. - 2 _ BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES Implementation Implementation shall consist of at least the following actions: Customer Support, Education and Assistance a) Agencies shall provide non-residential customers with support and incentives to improve their landscape water use efficiency. This support shall include. but not be limited to, the following: Accounts with Dedicated Irrigation Meters a) Identify accounts with dedicated irrigation meters and assign ETo-based water use budgets equal to no more than 100% of reference evapotranspiration per square foot of landscape area in accordance with the schedule given in Section B of this Exhibit. b) Provide notices each billing cycle to accounts with water use budgets showing the relationship between the budget and actual consumption in accordance with the schedule given in Section B of this Exhibit; agencies may choose not to notify customers whose use is Im than their water use budget. CommerciaVIndustrial/Institutional Accounts with Mined-Use Meters or Not Metered a) Develop and implement a strategy targeting and marketing large landscape water use surveys to commercial/industrial/institutional (CII)accounts with mixed-use meters. Each reporting period, directly contact via letter or telephone not less than 20%of C1I accounts with mixed-use meters and offer water use surveys. (Note: Cli surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) b) Unmetered service areas will actively market landscape surveys to existing accounts with large landscapes, or accounts with landscapes which have been determined by the purveyor not to be water efficient. c) Offer the following measures when cost-effective: i) Landscape water use analysislsurveys ii) Voluntary water use budgets iii) Installation of dedicated landscape meters BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES iv) Training (multi-lingual where appropriate) in landscape maintenance, irrigation system maintenance, and irrigation system design. v) Financial incentives to improve irrigation system efficiency such as loans, rebates. and grants for the purchase and/or installation of water efficient irrigation systems. vi) Follow-up water use analyses/surveys consisting of a letter, phone call, or site visit where appropriate d) Survey elements will include: measurement of landscape area; measurement of total irrigable area; irrigation system check, and distribution uniformity analysis; review or develop irrigation schedules, as appropriate; provision of a customer survey report and information packet. e) Track survey offers, acceptance, findings, devices installed, savings potential, and survey cost. New or Change of Service Accounts Provide information on climate-appropriate landscape design,efficient irrigation equipment/management to new customers and change-of-service customer accounts. Recommended a) Install climate appropriate water efficient landscaping at water agency facilities. and dual metering where appropriate. b) Provide customer notices prior to the start of the irrigation season alerting them to check their irrigation systems and make repairs as necessary. Provide customer notices at the end of the irrigation season advising them to adjust their irrigation system timers and irrigation schedules. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. - 2- BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES c) Develop ETo-based water use budgets for all accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. d) Develop and implement a plan to target and market landscape water use surveys to CII accounts with mixed-use meters by the end of the first reporting period from the date implementation was to commence. e) Develop and implement a customer incentive program by the end of the first reporting period from the date implementation was to commence. Coverage Requirements a) ETo-based water use budgets developed for 900/6 of CII accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. b) Not less than 201/6 of CII accounts with mixed-use meters contacted and offered landscape water use surveys each reporting period. c) Irrigation water use surveys completed for not less than 15%of CII accounts with mixed-use meters within 10 years of the date implementation was to commence. (Note: CI1 surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) Requirements for Documenting BMP Implementation Dedicated Landscape Irrigation Accounts Agencies shall preserve water use records and budgets for customers with dedicated landscape irrigation accounts for a period of not less than two reporting periods. This information may be used by the CUWCC to verify the agency's reporting on this BMP . a) Number of dedicated irrigation meter accounts. b) Number of dedicated irrigation meter accounts with water budgets. c) Aggregate water use for dedicated landscape accounts with budgets. d) Aggregate budgeted water use for dedicated landscape accounts with budgets. - 3 - BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES Mixed Use Accounts a) Number of mixed use accounts b) Number, type, and dollar value of incentives, rebates, and no, or low interest loans offered to, and received by, customers. c) Number of surveys offered d) Number of surveys accepted e) Estimated annual water savings by customers receiving surveys and implementing recommendations. Criteria to Determine BMP Implementation Status a) Agency has developed water use budgets for 90% of accounts with dedicated irrigation meters by end of second reporting period from date implementation was to commence. b) Agency has implemented irrigation water use survey program for CII accounts with mixed-use meters, and directly contacts and offers surveys to not less than 20% of accounts each reporting period. (A program to retrofit mixed-use accounts with dedicated landscape meters and assigning water use budgets. or a program giving mixed-use accounts ETo-based budgets for irrigation uses satisfies this criterion.) c) Agency is on track to provide water use surveys to not less than 15%of CII accounts with mixed-use meters within 10 years of the date implementation was to commence. Agency may credit 100% of the number of landscape water use surveys for CII accounts with mixed-use meters completed prior to July 1, 1996,that have received a follow-up inspection against the coverage requirement;and 50%of surveys that have not received follow-up inspections. Agency may credit 100%of the number of landscape water use surveys completed for CII accounts with mixed-use meters after July 1, 1996 against the coverage requirement. (A program to retrofit mixed-use accounts with dedicated landscape accounts. or a program giving mixed-use accounts ETo-based budgets for irrigation uses satisfy this criterion.) d) An agency will be considered on track if the percent of CII accounts with mixed-use meters receiving a landscape water use survey equals or exceeds the following: 1.5%by end of first reporting period following date implementation to commence; 3.6% by end of second reporting period; 6.3% by end of third reporting period; 9.6%by end of fourth reporting period; and 13.5% by end of fifth reporting period. (A program to retrofit mixed-use accounts with dedicated landscape accounts, or a program giving mixed-use accounts ETo-based budgets for irrigation uses satisfy this criterion.) I -4 • BMP 5 . LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES e) Agencv has implemented and is maintaining customer incentive programs) for irrieation equipment retrofits. 4 Water Savings Assumptions Assume landscape surveys will result in a 15% reduction in demand for landscape uses by surveyed accounts. -s - BMP 6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS Implementation Implementation shall consist of at least the following actions: CUWCC Actions and Responsibilities a) Within 6 months from the adoption of this BMP, the Council will develop interim estimates of reliable water savings attributable to the use of high-efficiency washing machines based on the results of the THELMA Study and other available data. Water Purveyors may defer implementing this BMP until the Council has adopted these interim estimates. b) Within two years from the adoption of this BMP, the Council will complete studies quantifying reliable savings attributable to the use of high-efficiency washing machines. c) At the end of two years following the adoption of this BMP,the Council will appoint a committee to evaluate the effectiveness of triggering high-efficiency washing machine financial incentive programs operated by MOU signatories with programs operated by energy service providers. This committee will consist of group I representatives.2 group 2 representatives. and the CUWCC Administrator or Executive Director or his/her designee. This BMP will be modified by the appointed committee to require agencies to implement financial incentive programs for high- efficiency washing machines whenever cost-effective and regardless of the absence of a program operated by an energy service provider if the committee concludes from available evidence the following: • the CUWCC has verified that significant water savings are available from high- efficiency washing machines; • there is widespread product availability, and • financial incentive programs offered by energy service providers in California have either not materialized. been largely discontinued or significantly scaled back_ Water Purveyor Responsibilities a) In conjunction with the CUWCC. support local. state. and federal legislation to improve efficiency standards for washing machines. BMP 6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS b) If an energy service provider or waste water utility within the service territory is offering a financial incentive for the purchase of high-efficiency washing machines, then the water agency shall also offer a cost-effective financial incentive based on the marginal benefits of the water savings. Incentive levels shall be calculated by using methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA, CUWCC, and US EPA, February 1994. A water purveyor is not required to implement a financial incentive program if the maximum cost-effective rebate is less than $50. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July I of the second year following the year the agency signed or became subject to the MOU. Coverage Requirements Cost-effective customer incentive for the purchase of high-efficiency washing machine offered if incentives are being offered by local energy service providers or waste water utility. Requirements for Documenting BMP Implementation a) Customer incentives to purchase high-efficiency washing machines being offered by local energy service providers, if any. b) Customer incentives to purchase high-efficiency washing machines being offered by agency, if any. • BMP 6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS Criteria to Determine BMP Implementation Status a) Agency has determined if energy service providers or waste water utilities operating within service territory offer financial incentives for the purchase of high-efficient% washing machines. b) If energy service provider or waste water utility operating within agency's service territory is offering financial incentives, agency has calculated cost-effective customer incentive using methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA. C[.°WCC. and US EPA, February 1994. and is offering this incentive to customers in service territory. Water Savincis Assumptions Not quantified at this time 3 • BMP 7 PUBLIC INFORMATION PROGRAMS Imalementation Implementation shall consist of at least the following actions. a) Implement a public information program to promote water conservation and water conservation related benefits. b) Program should include, but is not limited to, providing speakers to employees. community groups and the media: using paid and public service advertising: using bill inserts; providing information on customers' bills showing use in gallons per day for the last billing period compared to the same period the year before; providing public information to promote water conservation practices; and coordinating Aith other govenunent agencies. industry groups, public interest groups. and the media. Implementation Schedule a) Agencies signing the MOU prior to December 3l, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997, implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agencies shall maintain an active public information program to promote and educate customers about water conservation. Requirements for Documenting BMP Implementation a) Number of public speaking events relating to conservation during reporting period b) Number of media events relating to conservation during reporting period. c) Number of paid or public service announcements relating to conservation produced or sponsored during reporting period. d) Types of information relating to conservation provided to customers. e) Annual budget for public information programs directly related to conservation. - t - BMP 7 rUBLIC INFORMATION PRO(jRAMS Criteria to Determine BMP Implementation Status Agency has implemented and is maintaining a public information program consistent with BMP Ts definition. Water Savings Assumptions Not quantified. 1 - 2 BMP S SCHOOL EDUCATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a school education program to promote water conservation and water conservation related benefits. b) Programs shall include working with school districts and private schools in the water suppliers' service area to provide instructional assistance, educational materials. and class-room presentations that identify urban. agricultural. and environmental issues and conditions in the local watershed. Education materials shall meet the state education framework requirements. and grade appropriate materials shall be distributed to erade levels K-3, 4-6, 7-8, and high school. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997, implementation shall commence no later than July I of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agencies shall maintain an active school education program to educate students in agencies' service areas about water conservation and efficient water uses. Requirements for Documenting BMP Implementation a) Number of school presentations made during reporting period. b) Number and type of curriculum materials developed and/or prodded by water supplier. including confirmation that curriculum materials meet state education framework requirements and are grade-level appropriate. BMP 8 SCHOOL EDUCATION PROGRAMS c) Number of students reached. d) Number of in-service presentations or teacher's workshops conducted during reporting period. e) Annual budget for school education programs related to conservation. Criteria to Determine BMP Implementation Status Agency has implemented and is maintaining a school education program consistent with BMP 8's definition. Water Savings Assumptions Not quantified. 0 BMP 9 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS Implementation Implementation shall consist of at least the following actions: a) Identify and rank commercial. industrial, and institutional customers according to use. For purposes of this BMP. commercial, industrial, and institutional customers are defined as follows: Commercial Customers: any water use that provides or distributes a product or service, such as hotels, restaurants, office buildings. commercial businesses or other places of commerce. These do not include multi-family residences, agricultural users. or customers that fall within the industrial or institutional classifications. Institutional Customers: any water-using establishment dedicated to public service. This includes schools, courts, churches, hospitals, and government facilities. All facilities serving these functions are to be considered institutions regardless of ownership. Industrial Customers: any water users that are primarily manufacturers or processors of materials as defined by the Standard Industrial Classifications (SIC)Code numbers 2000 through 3999. b) Within one year of the adoption of this BMP, the CUWCC shall establish long-term implementation targets for the replacement of high-water-using toilets with ULFTs in the CII sector. Implementation targets will be based on the findings of the CUWCC CII ULFT Water Savings Study. EITHER c) Implement a CII water-use survey and customer incentives program in accordance with the description below. OR d) Achieve water use reductions in the C11 equaling or exceeding the targets described below. CII Water Use Survey and Customer Incentives Program Develop a customer targeting and marketing strategy to provide water use surveys and customer incentives to commercial, industrial, and institutional accounts. Directly contact (via letter, telephone. or personal visit) and offer water use surveys and customer incentives to at least 10% of commercial. industrial. and institutional accounts on a repeating basis. Water use surveys must include a site visit, an evaluation of all water- - I - BMP 9 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS using apparatus and processes. and a customer report identifying recommended efficiency measures. their expected payback, and available agency incentives. Within one year of a completed survey, follow-up via phone or site visit with customer regarding facility water use and water saving improvements. Track customer contacts, customers receiving surveys, follow-ups, and measures implemented. The method for crediting water use surveys completed prior to the revision of this BMP is described in Section E of this Exhibit. CII Conservation Performance Targets Implement programs to reduce water use by commercial, industrial, and institutional accounts by an amount equal to 10% of baseline use of commercial, industrial. and institutional accounts in the agency's service area over a ten year period. The method for calculating water savings is described in Section E of this exhibit. Baseline use is defined as the use by commercial, industrial, and institutional accounts in 1989. Water purveyors may justify to the CUWCC the use of an alternative baseline year. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) The coverage requirement for this BMP. as specified in Section C of this Exhibit, shall be realized within 10 years of the date implementation was to commence. Coverage Requirements CII Water Use Survey and Customer Incentives Program 10% of commercial, industrial, and institutional customers to accept a water use survey within 10 years of the date implementation is to commence. - 2 - 0 BMP 9 0 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CII Conservation Performance Targets Reduce water use by commercial. industrial, and institutional customers by an amount equal to 10%of the use of baseline commercial, industrial. and institutional water use within 10 years of the date implementation is to commence. Requirements for Documenting BMP Implementation The number of customers and amount of water use within the commercial, industrial. and institutional customer classes. CII Water Use Survey and Customer Incentives Program a) The number of commercial, industrial, and institutional customers offered water use surveys during the reporting period. b) The number of new water use surveys completed during the reporting period. c) The number of follow-ups completed during the reporting period. d) The type and number of water saving recommendations implemented. e) Incentive program budget and customer outlays. CII Conservation Performance Targets The estimated reduction in water use by commercial, industrial,and institutional accounts due to agency programs, interventions, and actions. Agencies must document how savings were realized and the method and calculations for estimating savings. Criteria to Determine BMP Implementation Status Agency has identified and ranked by water use its commercial, industrial,and institutional accounts. - 3 - BMP 9 CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CII Water Use Survey and Customer Incentives Program a) Agency has developed and implemented a strategy targeting and marketing water use surveys to commercial. industrial, and institutional accounts by the end of the first reporting period following the date implementation is to commence. b) Agency is on schedule to complete surveys for 10%of commercial accounts. 10%of industrial accounts, and 10% of institutional accounts within 10 years of the date implementation is to commence. Agencies may credit 50% of the number of surveys completed prior to July 1, 1996 that have not received follow-up verification of implementation, and 100%of the number of surveys completed prior to July 1, 1996 that have received a follow-up survey. Agencies may credit 100% of the number of surveys completed after July 1, 1996 against the coverage requirement. c) Agencies will be considered on track if the percent of commercial, industrial, and institutional accounts receiving a water use survey equals or exceeds the following: 0.5%by end of first reporting period following date implementation is to commence; 2.4% by end of second reporting period; 4.2%by end of third reporting period; 6.4% by end of fourth reporting period; and 9.0% by end of fifth reporting period. CII Conservation Performance Targets a) Agency is on schedule to reduce water use by commercial, industrial, and institutional accounts by an amount equal to 10% of baseline use (as defined in Section A of this Exhibit) for commercial. industrial, and institutional accounts within 10 years of the date implementation is to commence. b) Agencies will be considered on track if estimated savings as a percent of baseline water use equals or exceeds the following: 0.5%by end of first reporting period following date implementation is to commence; 2.4% by end of second reporting period; 4.2%by end of third reporting period; 6.4%by end of fourth reporting period; and 9.0%by end of fifth reporting period. c) Credited water savings must be realized through agency actions performed to increase water use efficiency within the CII sector. Agencies may credit 100%of estimated annual savings of interventions since 1991 that have been site verified, and 25%of estimated annual savings of interventions that have not been site verified. d) Agencies may claim the estimated savings for regulations, ordinances, or laws intended to increase water use efficiency by the CII sector, subject to the review and approval of the savings estimates by the CUWCC. To avoid double counting, agencies justifying savings on the basis of rate structure changes may not claim savings from any other actions undertaken by CII customers, third parties, or the agency. -4 - • BMP 9 • CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS Combined Targets Agencies may choose different tracks for different CII customer classes. and will be considered in compliance with this BMP if they are on track to meet each applicable coverage requirement for each class. In addition. agencies may implement both tracks for a given CII customer class. and will be considered in compliance with this BMP if the percent of surveys completed and the percent of water savings realized, when added together. equals or exceeds the applicable compliance requirement. For example. at the end of the second reporting cycle an agency would be considered on track to meet the coverage requirement if the percent of surveys completed and the percent of water savings achieved, when added together. equaled or exceeded 2.4%. Agencies may combine tracks only if they make a convincing demonstration that savings attributable to counted surveys are not also included in their estimate of water savings for meeting the water savings performance track. Water Savings Assumptions Commercial water reduction results from Best Management Practices such as Interior and Landscape Water Surveys, Plumbing Codes, and Other Factors but exclude Ultra Low Flush Toilet Replacement. (Includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000: 12%. Industrial water reduction results from Best Management Practices. Waste Discharge Fee, New Technology, Water Surveys, Plumbing Codes and Other Factors, but exclude Ultra Low Flush Toilet Replacement. (Includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000: 15%. 3 0 BMP 10 • WHOLESALE AGENCY ASSISTANCE PROGRAMS Implementation Implementation shall consist of at least the following actions: Financial Support a) Wholesale water suppliers will provide financial incentives. or equivalent resources, as appropriate and beneficial. to their retail water agency customers to advance water conservation efforts and effectiveness. b) AlI BNIPs implemented by retail water agenev customers which can be shown to be cost-effective in terms of avoided cost of water from the wholesaler's perspective, using CUWCC cost-effectiveness analysis procedures, will be supported. Technical Support Wholesale water agencies shall provide conservation-related technical support and information to all retail agencies for whom they serve as a wholesale supplier. At a minimum this requires: c) Conducting or funding workshops addressing the following topics: i) CUWCC procedures for calculating program savings, costs and cost- effectiveness. ii) Retail agencies' BMP implementation reporting requirements. iii) The technical, programmatic, strategic or other pertinent issues and developments associated with water conservation activities in each of the following areas: ULFT replacement.residential retrofits: commercial, industrial and institutional surveys: residential and large turf irrigation. and conservation-related rates and pricing. d) Having the necessary staff or equivalent resources available to respond to retail agencies' technical and programmatic questions involving CUWCC's BMPs and their associated reporting requirements. BMP 10 WHOLESALE AGENCY ASSISTANCE PROGRAMS Program Management e) When mutually agreeable and beneficial, the wholesaler may operate all or any part of the conservation-related activities which a given retail supplier is obligated to implement under the BMP's cost-effectiveness test. The inability or unwillingness of the wholesaler to perform this function, however, in no way relieves or reduces the retailer's obligation to fully satisfy the requirements of all BMPs which are judged cost-effective from the retailer's perspective. Water Shortage Allocations Wholesale agencies shall work in cooperation with their customers to identify and remove potential disincentives to long-term conservation created by water shortage allocation policies; and to identify opportunities to encourage and reward cost-effective investments in long-term conservation shown to advance regional water supply reliability and sufficiency. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. Coverage Requirements a) Cost-effectiveness assessments completed for each BMP the agency is potentially obligated to support. The methodology used will conform to CUWCC standards and procedures, and the information reported will be sufficient to permit independent verification of the cost-effectiveness calculations and of any exemptions claimed on cost-effectiveness grounds. b) Agency avoided cost per acre-foot of new water supplies. The methodology used will conform to CUWCC standards and procedures, and the information reported will be sufficient to permit independent verification of the avoided cost calculations. - 2- BMP 10 • WHOLESALE AGENCY ASSISTANCE PROGRAMS c) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist, or to otherwise support. the implementation of BMPs. d) The total amount of verified water savings achieved by each wholesaler-assisted BMP. Requirements for Documenting BMP Implementation a) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist. or to otherwise support, the implementation of BMWs. subtotaled by BMP. b) The total amount of verified water savings achieved by each wholesaler-assisted BMP. Criteria to Determine BMP Implementation Status a) Timely and complete reporting of all information as provided for above under "Reporting and Record Keeping Requirements." b) Offering workshops covering all topics listed above under"Technical Support." c) Timely reconciliation of wholesaler and retailer BMP reports as provided for above under..BMP Reporting." Water Savings Assumptions Not quantified. - a BMP 11 . CONSERVATION PRICING Implementation implementation methods shall be at least as effective as eliminating nonconser-ing pricing and adopting conserving pricing. For signatories supplying both water and sewer service. this BMP applies to pricing of both water and sewer service. Signatones that supply water but not sewer service shall make good faith efforts to work with sewer agencies so that those sewer agencies adopt conservation pricing for sewer service. a) Sonconservinspricing provides no incentives to customers to reduce use. Such pricing is characterized by one or more of the following components: rates in which the unit price decreases as the quantity used increases (declining block rates):rates that involve charging customers a fixed amount per billing cycle regardless of the quantity used; pricing in which the typical bill is determined by high fixed charges and low commodity charges. b) Conservation pricing provides incentives to customers to reduce average or peak use. or both. Such pricing includes: rates designed to recover the cost of providing service; and billing for water and sewer service based on metered water use. Conservation pricing is also characterized by one or more of the following components: rates in which the unit rate is constant regardless of the Quantity used (uniform rates)or increases as the quantity used increases (increasing block rates); seasonal rates or excess-use surcharges to reduce peak demands during summer months; rates based upon the long-run marginal cost or the cost of adding the next unit of capacity to the system. c) Adoption of lifeline rates for low income customers will neither qualif}, nor disqualify a rate structure as meeting the requirements of this BMP. CUWCC Rate Impact Study Within one year of the adoption of this BMP revision. the CUWCC shall undertake a study to determine the relative effect of conservation rate structure influence on landscape and indoor water use. The study shall develop sample areas that incorporate varying rate structure environments (e.g.. low, uniform commodity rates.: high uniform commodity rates; increasing block rates. etc.). As practical, the study shall utilize direct metering of customer end uses. and shall control for weather, climate, land use patterns. income. and other factors affectins water use patterns. If the study shows significant potential savings, as determined by a balanced committee of voting Council representatives. a revised pricing BMP containing numeric targets or other appropriate standards shall be developed for a CUWCC vote. BMP 11 CONSERVATION PRICING Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the first year following, the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall maintain rate structure consistent with BMP 11's definition of conservation pricing Requirements for Documenting BMP Implementation a) Report annual revenue requirement by customer class for the reporting period. b) Report annual revenue derived from commodity charges by customer class for the reporting period. c) Report rate structure by customer class for water service and sewer service if provided. Criteria to Determine BMP Implementation Status Agency rate design shall be consistent with the BMP 11's definition of conservation pricing. Water Savings Assumptions Not quantified. -2 - 0 BMP 12 • CONSERVATION COORDINATOR Implementation Implementation shall consist of at least the following actions: a) Designation of a water conservation coordinator and support staff(if necessary). whose duties shall include the following: i) Coordination and oversight of conservation programs and BMP implementation: ii) Preparation and submittal of the CUWCC BMP Implementation Report; iii) Communication and promotion of water conservation issues to agency senior management. coordination of agency conservation programs with operations and planning staff; preparation of annual conservation budget;participation in the CUWCC. including regular attendance at CUWCC meetings; and preparation of the conservation elements of the agency-s Urban Water Management Plan. b) Agencies jointly operating regional conservation programs are not expected to staff duplicative and redundant conservation coordinator positions. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997. implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall staff and maintain the position of conservation coordinator and provide support staff as necessan _ ti _ BMP 12 CONSERVATION COORDINATOR Requirements for Documenting BMP Implementation a) Conservation Coordinator name, staff position, and years on job; b) Date Conservation Coordinator position created by agency; c) Number of Conservation Coordinator staff, d) Duties of Conservation Coordinator and staff. Criteria to Determine BMP Implementation Status a) Creating and staffing a Conservation Coordinator position within the agency organization. b) Providing the Conservation Coordinator with the necessary resources to implement cost-effective BMPs and prepare and submit CUWCC BMP Implementation Reports. Water Savings Assumptions Not quantified. -2- BMP 13 WATER WASTE PROHIBITION Implementation Implementation methods shall be enacting and enforcing measures prohibinna Gutter flooding. single pass cooling systems in new connections, nonrecirculating systems in all new conveyer car wash and commercial laundry systems, and nonreeycling decorative water fountains. Signatories shall also support efforts to develop state lave regarding exchange-type water softeners that would: (1) allow the sale of only more efficient, demand-initiated regenerating (D1R) models; (2) develop minimum appliance efficiency standards that (a) increase the regeneration efficiency standard to at least 3.350 grains of hardness removed per pound of common salt used; and (b) implement an identified maximum number of gallons discharged per gallon of soft water produced; (3) allow local agencies. including municipalities and special districts. to set more stringent standards and/or to ban on-site regeneration of water softeners if it is demonstrated and found by the agency governing board that there is an adverse effect on the reclaimed water or groundwater supply. Signatories shall also include water softener checks in home water audit programs and include information about DIR and exchange-type water softeners in their educational efforts to encourage replacement of less efficient timer models. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July I of the first year following the year the agency signed or became subject to the MOli. Coverage Reguirements Agencv shall adopt water waste prohibitions consistent with the provisions for this BMP specified in Section A of this Exhibit BMP 13 WATER WASTE PROHIBITION Requirements for Documenting BMP Implementation Description of water waste prohibition ordinances enacted in service area. Criteria to Determine BMP Implementation Status Agency's water waste prohibition ordinances meet the requirements of the BMP definition. Water Savings Assumptions Not quantified. - 2- BMP 14 RESIATIAL ULFT REPLACEMENAROG RAMS Implementation Implementation shall consist of at least the following actions: a) Implementation of programs for replacing existing high-water-using toilets with ultra- low-flush(1.6 gallons or less) toilets in single-family and multi-family residences. b) Programs shall be at least as effective as requiring toilet replacement at time of resale. grogram effectiveness shall be determined using the methodology for calculating water savings in Exhibit 6 of this MOU. After extensive review, on July 30 1992,the Council adopted EXHIBIT 6. "ASSUMPTIONS AND METHODOLOGY FOR DETERMINING ESTIMATES OF RELIABLE SAVINGS FROM THE INSTALLATION OF ULF TOILETS." EXHIBIT 6 provides a methodology for calculating the level of effort required to satisfy BMP 13. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July I of the first year follo,6Ning the year the agency signed or became subject to the MOU. c) The coverage requirement for this BMP, as specified in Section C of this Exhibit, shall be realized within 10 years of the date implementation was to commence. Coverage Re uirements Water savings from residential ULFT replacement programs to equal or exceed water savings achievable through an ordinance requiring the replacement high-water-using toilets with ultra-low-flow toilets upon resale, and taking effect on the date implementation of this BMP was to commence and lasting ten years. BMP 14 RESIDENTIAL ULFT REPLACEMENT PROGRAMS Requirements for Documenting BMP Implementation a) The number of single-family residences and multi-family units in service area constructed prior to 1992. b) The average number of toilets per single-family residence; the average number of toilets per multi-family unit. c) The average persons per household for single-family residences; the average persons per household for multi-family residences. d) The housing resale rate for single-family residences in service area; the housing resale rate for multi-family residences in service area. e) The number of ULFT installations credited to the agency's replacement program, by year. f) Description of ULFT replacement program g) Estimated cost per ULFT replacement h) Estimated water savings per ULFT replacement NOTE: The following strike-out information now appears as Section G. Criteria to Determine BMP Implementation Status Calculated ULFT replacement program water savings at the end of each reporting period are within 10% of calculated retrofit-on-resale water savings, using Exhibit 6 methodology and water savings estimates. Water Savings Assumptions See Exhibit 6. - 2 - SAN(p���� ORANGE COUNTY SANITATIUiv DISTRICT 9 9 �f Cry phone: September 28, 2001 (714)962-2411 mailing address: Steve Krieger P.O. Box 8127 Fountain Valley,CA City of Huntington Beach 92728-8127 2000 Main Street street address: Huntington Beach, CA 10844 Ellis Avenue Fountain Valley,CA 92708-7018 SUBJECT: Cooperative Projects Program Contract No. 0105 Member Enclosed please find an executed copy of Cooperative Projects Program Agencies Contract No. 0105 for your files. Cities If we may be of further assistance, please call Pam Koester at Anaheim (714) 593-7379. Brea Buena Park Cypress Fountain Valley Fullerton --- Garden Grove Huntington Beach Irvine Corina Chaudhry La Habra Management Analyst La Palma Los Alamitos Newport Beach CC:PK:jak Orange C:1Fi1eNetW IPU-73 Coop Prol Contract No.0105-Exec Contract Llr 9.28-01.doc Placentia EDMS: 003726830 Santa Ana Seal Beach Stanton Enclosure Tustin Villa Park Yorba Linda County of Orange Sanitary Districts Costa Mesa Midway City Water Districts Irvine Ranch "Maintaining World-Class Leadership in Wastev✓ater and Water Resource Management" Aror-Bf fck 1tED ui7 r j �t t Contract No. CP-0105 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT WHEREAS, this contract is entered into on , 2001 by and between the Orange County Sanitation District(hereinafter referred to as"DISTRICT")whose address is P.O. Box 8127, Fountain Valley, California 92728,and the City of Huntington Beach (hereinafter referred to as"AGENCY") and WHEREAS, DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter--Cologne Water Quality Control Act; and WETEREAS, DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authonzed a contract with AGENCY for the project described in Exhibit "A" (Project Descnption/Statement of Work) attached hereto and incorporated herein by reference, more particularly, and WHEREAS,-AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the Parties agree as follows: l. AUDIT- AGENCY shall, at least once every year or within two years of the termination of the contact if the term is less than tw-o years,be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICh shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding, shall not be construed as DISTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. CREASE ORDINANCE —AGENCY agrees to adopt,by its Ordinance, the Uniform Plumbing Code, 1997 Edition,as amended,including specifically but not limited to,Chapter 10 and Appendix If,as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY,it shall adopt an Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code,Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP-The AGENCY agrees to adopt the Best Management Practices(BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation -- Best Management Practices)attached hereto and incorporated herein by reference. 1 �i 4. SEWER MAINTENANCE PROGRAM - The AGENCY agrees to adopt a sewer maintenance program in accordance with best management practices as defined by WEF Manual of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from the sewers in order to minimize opportunities for blockages and spills. 5. "GERM - The term of this Contract is from date of contact execution by both parties through completion of the project or October 30, 2002, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by November 27. 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six(6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6)shall be approved by the DISTRICT'S Board of Directors. 6. TERMINATION - In the event any part fails to comply with any term or conditions of this Contract, or fails to pror,ide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit"A"(Project Description/Statement of Work), and Exhibit"C"(Project Milestone Schedule)attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching parry shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (IS)days' or provide written notification of its intention to tenninate this Contract with thirty(30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled —"Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to tenninate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. INSURANCE- Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive)of One Million Dollars($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way_ The policy shall have a combined single limit of S2.0 million per occurrence for bodily injury, including death, personal injury, property damage,and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty- (30)days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 7 r� s 8. INDENfNWICATION -AGENCY agrees to hold harmless, defend, and indemnify DISTRICT, its officers,employees, agents,representatives and successors-in-interest against any and all loss, damage, cost or expenses which DISTRICT, its officers, employees, agents, representatives and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, sub-agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third party for the performance of work as part of the Project. 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of One Million Dollars (51,000,000.00) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert back to the Cooperative Projects Program. Payment of charges shall be made by DISTRICT to AGENCY within sixty(60)days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead,and list DISTRICT contract number,period covered by invoice,and AGENCY'S Employer Identification dumber and submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid out to AGENCY pursuant to this Contract, until the project,as set forth in Exhibit "A" is completed and proof of completion is provided to DISTRICT. If the project as described in Exhibit "A" is not completed and satisfactory proof of condition is not provided to DISTRICT,no monies shall be due and payable to AGENCY_ Proof of completion shall include a Final Report detailing the work that was done. D. Additional Cooperative Projects Program Funds will not be available.to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. E_ The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits"A" (Project Descnption/Statement of Work), "B" (Project Cost Breakdown), and "C" (Project Milestone Schedule) of this Contract, attached hereto and incorporated herein by reference. F. If, at the completion of the Project described in Exhibit "A", the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit"B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 10. COMPLIANCE WITH APPLICABLE LAWS —AGENCY agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 3 L � M .l+ f 11. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 12. OWNERSHIP—Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCRIMINA"I ION — In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, natural origin, ancestry, sex,age, or physical handicap and shall comply with the provisions of the California Fair Employment& Housing Act(Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No_ 11246 (30 Federal Register 12319), and all adrrunistrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub-AGENCY to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 14. ASSIGNMENT—The rights granted hereby may not be assigned, sold, licensed,or otherwise transferred by either party-without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 15. NON-EFFECT OF WAIVER—AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 16. A"ITORNE.Y`S FEES -- In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its o,"m Attorney's fees and costs. 17. FORCE MAJEURE - Neither DISTRICT nor AGENCY shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes. shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 4 18. SEVERABILITY-In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 19. HEADINGS-Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation,construction, or meaning of the provisions of this Contract. 20. DUPLICATE EXECUTION-This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. GOVERNING LAW-This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be Orange County, California. 22_ PRE-CONTRACT COSTS- Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed, the DIS'RICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a format Contract does result,pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 23. NOTICES-Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary AGENCY: City of Huntington Beach P.U. Box 190 Huntington I3cach,CA 92648 Attn. Steve Kricger, Civil Engineering Assistant 5 M 24. ENTIRE CONTRACT This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any parry unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date h4reinabove. RECONlFN(ENDED FOR APPROVAL: ORANGE COUNTY SANITATION DISTRICT BY: Chair, Board of Directors BY. Secretary, Board of Directors .APPROVED AS TO FOI01- J14 I�4AS L. W DRUF TRICT COUNSEL CITY OF IHUNTII\GTON BEACH ATTESTED BY�l--AtzE C er INITIATED A APPROVED BY: Director of Public Works CITY OF HUN" ' INGTON BEACH BY: (f-rri Mayor APPROVED AS TO DORM: �fo�- 1 City Attorney REVIEWED AND �� s�.-�•� APPROVED BY: City ministrator Wead`,dataI'11p.dL enOOBS&C0`TRACTSJ-73'.Coopernvc P:olccts Program-dy-01-02 contracts p hase N fun ti❑gton Beach`.rY 2001.2002 AGREEMENT CP-0105 7-4-01.doc 6 Exhibit A Project Description/Statement of Work l i EXHIBIT A: PROJECT DESCRIPTION l STATEMENT OF WORK Project Goals This is the second and final phase of the Huntington Harbour area. Last year the City submitted the first phase for consideration of the District's grant program. The request, which was approved, was to line approximately 52,000 lineal feet of sewer mains. The remaining 40-year-old sewer pipes, which in most cases have been installed below sea level, are upstream of the District's Warner Avenue Trunk Sewer. The City's goal is to continue to utilize a Green Book approved slip lining process to eliminate seawater infiltration that has occurred through the many joints of the approximate 26,000 lineal feet remaining of City owned sewer mains. At the present time the City provides minimal maintenance to the sewer mains within the Huntington Harbour area, due to the extent of the calcium build up at the numerous joints. The City believes this to be a direct correlation to the amount of seawater infiltration that has occurred over the years. It has been the City's experience that if calcium deposits are not controlled they will act as dams, which will interfere with the wastewater flow by creating blockages within the pipes. The City would like to mitigate these deposits in order to prevent potential sewage blockages and eventual backups onto the streets and ultimately into the adjacent Huntington Harbour/Pacific Ocean. However, experience has shown that removing the deposits will significantly increase infiltration flows. Therefore, it is necessary to perform a slip line rehabilitation concurrently. Collectively, this will increase the service carrying capacity and reduce unnecessary utilization of the Harbor sewer lift stations. Not to mention the overall elimination of"clean" water treatment caused by the infiltration. From a construction stand point, slip lining the sewer mains is the best approach for the remaining Huntington Harbour area to achieve the City's goal. Additionally, utilizing the slip lining process for the aging sewer mains will add 50 year service life and will be the most cost effective and expeditious process that will provide insurmountable benefit to the DISTRICT and the City. 1 M M The City s benefits would be: 1. Slip lining will prolong the life of the sewer mains and become more resistant to potential failure related to settlement or earthquakes. 2. Routine maintenance will be allowed to continue. 3. Increased capacity in sewer mains will result due to a reduction in infiltration and an increase in the Manning roughness coefficient. 4. Operation & Maintenance (O&M) costs will be reduced due to a reduction in flow. The DISTRICTS benefits would be: 1. Increased capacity in the Warner trunk sewer and Slater Avenue lift ' station. 2. Reduced O&M costs at the DISTRICTS Slater lift station. 3. Reduction in infiltration in this area would reduce the amount of seawater treated at the DISTRICTS treatment plant. Both agencies would save future replacement and rehabilitation cost. Objectives In 1989 the City retained Ott Engineering to provide a study identifying the causes of capacity and water quality problems being experienced at five sewer lift stations located within the Huntington Harbour area. It was concluded that one of the main factors contributing to the problems the stations were experiencing was the excessive amount of seawater infiltrating through the then 25-year-old clay sewer pipes. In 1998 the DISTRICT retained Camp Dresser & McKee, Inc. (CDM) to conduct an infiltration investigation for their trunk sewer systems that included the Huntington Harbour area. One of the conclusions of this study was that there is a substantial amount of seawater infiltrating through the then 34-year-old City sewers. Since both the City and DISTRICT studies have identified the same problem within the Huntington Harbour area and both would receive benefits if the City sewers were to be slip lined, the City is submitting this application for consideration. The infiltration of seawater in the sewer mains is the primary contributor to the build-up of calcium deposits, which helps in the prevention of infiltration, but create a dam like feature trapping floating debris and interfering with the wastewater flow characteristics within the main and possibly causing blockages. The City cannot provide the required cleaning that the sewers need as part of its routine maintenance program, because this would remove the calcium deposits which would in turn increase the amount of infiltration creating other problems within the sewer system. Additionally, the DISTRICT has stated that its treatment facility is receiving "clean" water from other Agencies mains upstream iof their trunk mains, which in turn increase its operational costs for treatment purposes. The rehabilitation of the City's Huntington Harbour area sewer mains by the slip ling process could significantly reduce the output of"clean" water from j this area into the DISTRICT'S facility. IScope of Work Including all Pro ect Tasks City scope of work will be at a minimum the following: t1. Prepare plans and specifications 2. Award construction contract to: I a. Clean obstructions within the sewer mains. b. Closed Circuit Television (CCTV) video all sewer mains, in order to identify service lateral locations and if any repairs are needed. c. Slip line the sewer mains with an approved method to provide a new pipe with an extended life of at least 40 years. d. Re-open all active service laterals. = e. CCTV upon completion of slip lining for quality control and note any *� laterals that show signs of infiltration, which could be addressed at a future date. Pro'ect End Products and Deliverables 1. Pipes will no longer be susceptible to infiltration and calcium deposits after slip lining by elimination of all breaks and joints. 2. Stop surface settlement by stopping the infiltration of soil and bedding material, which often accompanies infiltration. 3. A rehabilitated system of clean, maintainable sewer mains. 4. Locate and possibly eliminate all or most illegal connections into the sewer system. Exhibit B Project Cost Breakdown j EXHIBIT B: PR03ECT COST BREAKDOWN (Please include this page as part of your Cooperative Projects Program Application) A. Please provide the following information regarding project funding: I . What is your funding contribution? $ 1,000,000 When will your funding become available? 3 to 6 months B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY2001-02 $ 1,000,000 2. Cooperative funds requested $ 1,000,000 3. Additional Project Co-Funding S 0 4. Total Project Cost S 2,000,000 YES NO Is the Cooperative Projects Program Funds request less than or ® ❑ equal to 50%of the Total Proposed Project Cost? Is the Cooperative Projects Program Funds request less than or ❑ equal to 25%of the Total Proposed Project Cost? Is the applicant willing to accept a low interest loan less than or ❑ equal to 50% of the Total Proposed Project Cost? Is the applicant willing to accept a combination of a low Cl interest loan and thatching funds totaling less than or equal to 50% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the ® ❑ total project cost,considering that the Cooperative Projects Program Funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover ® ❑ ANY costs increases,considering that increases in the' Cooperative Projects Program Fund will not be available? rC. Please list all funding sources other than the Cooperative Projects Program: NON-COOT?ERATWE PROGRAM FUNDIING SOURCE AMOUNT I. EPA Funds $ 1,000.000 2. 3. $ 4. $ TOTAL OTHER PROJECT CO-FUNDING: $ 1,000,000 D. As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when defining labor costs. Please return thus page as part of your Project Application. T CAPITAL EQUIPMENT COSTS (PIPE, MANHOLE AMOUNT FRAME AND COVER,ETC.) I. *Slip line 8, 10, 12 and 15 inch VCP sewer S 1,187,550 26,390 U @ $451 I.f. 2. Rehabilitate sewer manholes 2,144 v.f. @ $1501 v.f. S 321,600 3. "Flow Monitoring $ 50,000 4. 22% Contingency including supplemental expenses and S 343,013 possible contractual changes during construction TOTAL CAPITAL EQUIPMEVT COSTS: S 1,902,163 "Includes: Mobilization of equipment,cleaning,video taping(pre and post), bypass pumping,traffic control, dewatering, grinding protruding service laterals, and re-opening of service laterals(price per lineal foot is an average for the various diameters of host pipe proposed to be rehabilitated). "Includes: 5 stations for 21 days, before and after lining process,and final report D_ IRECT LABOR COSTS (including overhead and AMOUNT benefits i. Project Engineering 300 Labor hours x 50.78 $/hour= $ 15,234 2. Project Management 680 Labor hours x 53.33 S/hour= S 36,264 3. Project Inspection 1,000 Labor hours x 46-39 Sihour= S 46,390 4. Labor hours x $/hour= S 0 TOTAL DIRECT LABOR COSTS: S 97.888 40 OTHER DIRECT LABOR COSTS, INCLUDING SUB- AMOUNT AGENCIES: 1. 5 2. $ 3. $ TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs, i.e. % of project costs,actual cost breakdown etc.) $ tTOTAL PROJECT COST: S 2,000,051 Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. ■ r Exhibit C Project Milestone Schedule � M EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE DATE COMPLETION Task 1. -- DISTRICT Award Grant July 2, 2001 Task 5. — AGENCY Acceptance September 30, 2002 Task 5. — Interim Report Submitted February 28, 2002 Task 7. — Final Report Submitted October 30. 2002 i J A S O N D J F MA MJ J A S O PROJECT TASK u u e c o e a e a p a u u u e c I g p t v c n b r r y n l g p t Task 1- 1 DISTRICT Award Grant Task 2- 1 Project Design , Task 3- f Contractor Selection Task 4- Slip-line Sewers , , Task 5- Interim Report Submitted Task 6- AGENCY Acceptance ¢ Task 7- Final Report Submitted 1 i Exhibit D Water Conservation - Best Management Practices EXHIBIT I OF THE MOU Adopted September 30, 1997 California Urban Water Conservation Council 455 Capitol Mail, Suite 705 Sacramento, CA 95814 Phone: 916-552-5895 Fax: 916-552-293 I September 30, 1997 - � BMP9 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Implementation Implementation shall consist of at least the following actions: a) Develop and implement a strategy targeting and-marketing water use surveys to single-family residential and multi-family residential customers. b) Directly contact via letter or telephone not less than 20% of single-family residential customers and 20°/a of multi-farnHy residential Customers each reporting period. c) Surveys shall include indoor and outdoor components,and at minimum shall have the following elements: Indoor i) Check for leaks, including toilets, faucets, and meter check ii) Check showerhead flow rates, aerator flow rates, and offer to replace or recommend replacement, as necessary iii) Check toilet flow rates and offer to install or recommend installation of displacement device or direct customer to ULFT replacement program, as necessary; replace leaking toilet flapper, as necessary Outdoor iv) Check irrigation system and timers v) Review or develop customer irrigation schedule Recommended but not required vi) Measure currently landscaped area vii)Measure total irrigable area d) Provide customer with evaluation results and water saving recommendations; leave information packet with customer. e) Track surveys offered, surveys completed, survey results, and survey costs. - i - MID I WATER SURNEWOGRAMS FOR SINGLE-FAl4tILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL CUSTOMERS Criteria to Determine BMP Implementation Status a) Agency has developed and implemented a strategy targeting and marketing water use surveys to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. b) Agency has directly contacted not less than 20%of single-family residential accounts and 20% of trtttlti-family residential units during period being reported. c) Agency is on schedule to complete surveys for 15% of single-family residential accounts and 15% of multi-family units within 10 years of the date implementation was to commence. Agencies will receive credit against the coverage requirement for previously completed residential water use surveys according to the following schedule:' % Credit Before 1990 0.0% 1990 12.5% 1991 25.0% 1992 37.5% 1993 30.0% 1994 62.5% 1995 75.0% 1996 87.5% 1997 100.0% d) Agencies will be considered on track if the percent of single-family accounts and the percent of multi-familti accounts receiving water use surveys equals or exceeds the following: 1.5% by end of first reporting period following date implementation to commence: 3.6% by end of second reporting period. 6.3% by end of third reporting period: 9.6% by end of fourth reporting period: and 13.5% by end of fifth reporting period. In its stud%_ -What is the Reliable Yield from Residential Home Water Survey Programs. The Experience of LADWP" (AWWA Conf. Proceedings. 1995). A & N Technical Services. Inc.. found that the average level of savings from horse water surveys decreased over time. reaching about 50% of initial yield by the fourth year following the survey. on average- The above decay schedule used for crediting past surveys utilizes these findings to recognize and account for the hmtted persistence of water savings over time from home water use - 3- -- � BMP 2 RESIDENTIAL PLUMBING RETROFIT Implementation Implementation shall consist of at least the following actions: a) Identify single-family and multi-family residences constructed prior to I 99". Develop a targeting and marketing strategy to distribute or directly install high- quality, low-flow showerheads (rated 2.5 gpm or less). toilet displacement devices (as needed), toilet flappers(as needed) and faucet aerators (rated 2.2 gpm or less) as practical to residences requiring them. b) Maintain distribution and/or direct installation programs so that devices are distributed to not less than 10%of single-family connections and multi-family units each reporting period, or require through enforceable ordinance the replacement of high-flow showerheads and other water using fixtures with their low-flow counterparts, until it can be demonstrated in accordance with Section E of this Exhibit that 75% of single-family residences and 75%of multi-family units are fitted with high-quality, low-flow showerheads. c) Track the type and number of retrofits completed. devices distributed. and program costs. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU-after December ;1, 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. c) Agencies shall develop and implement a strategy targeting the distribution and/or installation of high-quality, low-flow plumbing devices to single-family residential and multi-family residential customers by the end of the first reporting period following the date implementation was to commence. d) An agency may elect to discontinue its device distribution programs without filing a formal budget or cost-effectiveness exemption when it can demonstrate that 75% of its single-family residences and 75% of its multi-family units constructed prior to 1992 are fitted with high-quality, low-flow showerheads. BMP 2 RESIDENTIAL PLUMBING RETROFIT c) Agency EITHER i) has distributed or directly installed high-quality. low-flow showerheads and other low-flow plumbing devices to not less than 10% of single-family residences and 10%of multi-family units constructed prior to 1992 during the reporting period: and/or has enacted an ordinance requiring the repJacernent of high-flow showerheads and other water use fixtures with their low-flow counterparts. OR ii) can demonstrate through customer surveys with 95% statistical confidence and a t-10%error that 75% of single-family residences and 73% of multi-family units constructed prior to 1992 are fitted with low-flow showerheads. Water Savings Assumptions Pre-1980 Post-1980 Construction Construction Low-floes-shower-head retrofit 7.2 gcd 2.9 gcd Toilet retrofit(five year life) 1.3 gcd 0.0 gcd - 3 - BMP 3 SYSTEM W R AUDITS, LEAK DETECTI AND REPAIR Im Iementation Implementation shall consist of at least the following actions: a) Annually complete a prescreening system audit to determine the need for a full-scale system audit. The prescreening system audit shall calculated as follows: i) Determine metered sales; ii) Determine other system verifiable uses; iii) Determine total supply into the system; iv) Divide metered sales plus other verifiable uses by total supply into the system. If this quantity is less than 0.9, a full-scale system audit is indicated. b) When indicated. agencies shall complete water audits of their distribution systems using methodology consistent with that described in AWWA-s"Water Audit and Leak Detection Guidebook." c) Agencies shall advise customers whenever it appears possible that leaks exist on the customer's side of the meter;perform distribution system leaf:detection when warranted and cost-effective; and repair leaks when found- Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997. implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the year following the year the agency signed or became subject to the MOU. Coverage Re uirements a) Agency shall maintain an active distribution system auditing program. b) Agency shall repair identified leaks whenever cost-effective. - 1 - BMP 4 -METERING WIT^MODITY RATES FOR AffkW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS Implementation Implementation shall consist of at least the following actions: a) Requiring meters for all new connections and billing by volume of use b) Establishing a program for retrofitting existing unmetered connections and billing by volume of use. c) Identifying intra- and inter-agency disincentives or barriers to retrofitting mixed use commercial accounts with dedicated landscape meters, and conducting a feasibility study to assess the merits of a program to provide incentives to switch mixed use accounts to dedicated landscape meters. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1999. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997, implementation shall commence no later than July 1 of the second year following the year the agency signed or became subject to the MOU. c) A plan to retrofit and bill by volume of use existing unmetered connections to be completed by end of the first reporting period following the date implementation was to commence. d) A feasibility study examining incentive programs to move landscape water uses on mixed-use meters to dedicated landscape meters to be completed by end of the first reporting period following the date implementation was to commence. Coverage Requirements 100%of existing unmetered accounts to be metered and billed by volume of use within 10 years of date implementation was to commence. BMP 5 LARGE LAN DSCA CONSERVATION PROGRA AND INCENTIVES Implementation Implementation shall consist of at least the following actions: Customer Support, Education and Assistance a) Agencies shall provide non-residential customers with support and incentives to improve their landscape water use efficiency. This support shall include. but not be limited to, the following: Accounts with Dedicated Irrigation Meters a) Identify accounts with dedicated irrigation meters and assign ETo-based water use budgets equal to no more than 100%of reference evapotranspiration per square foot of landscape area in accordance with the schedule given in Section B of this Exhibit. b) Provide notices each billing cycle to accounts with water use budgets showing the relationship between the budget and actual consumption in accordance with the schedule given in Section B of this Exhibit; agencies may choose not to notify customers whose use is less than their water use budget. CommerciaVIndustrialflustitutional Accounts with Mixed-Use Meters or Not Metered a) Develop and implement a strategy targeting and marketing large landscape water use surveys to com nerciallindustrial/institutional (CII) accounts with mixed-use meters. Each reporting period,directly contact via letter or telephone not less than 20%of CI1 accounts with mixed-use meters and offer water use surveys. (Note: CII surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) b) Unmetered service areas will actively market landscape surveys to existing accounts with large landscapes. or accounts with landscapes which have been determined by the purveyor not to be water efficient. c) Offer the following measures when cost-effective: i) Landscape water use analysis/surveys ii) Voluntary water use budgets iii) Installation of dedicated landscape meters - t - BMP 5 LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES c) Develop ETo-based water use budgets for all accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. d) Develop and implement a plan to target and market landscape water use surveys to CII accounts with mixed-use meters by the end of the first reporting period from the date implementation was to commence. e) Develop and implement a customer incentive program by the end of the first reporting period from the date implementation was to commence. Coverage Requirements a) ETo-based water use budgets developed for 90% of CII accounts with dedicated irrigation meters by the end of the second reporting period from the date implementation was to commence. b) Not less than 20% of CII accounts with mixed-use meters contacted and offered landscape water use surveys each reporting period. c) Irrigation water use surveys completed for not less than 15%of CII accounts with mixed-use meters within 10 years of the date implementation was to commence_ (Note: CII surveys that include both indoor and outdoor components can be credited against coverage requirements for both BMP 5 and BMP 9.) Re uirements for Documentina BMP Implementation Dedicated Landscape Irrigation Accounts Agencies shall preserve water use records and budgets for customers with dedicated landscape irrigation accounts for a period of not less than two reporting periods. This information may be used by the CUWCC to verify the agency's reporting on this BMP . a) Number of dedicated irrigation meter accounts. b) Number of dedicated irrigation meter accounts with water budgets. c) Aggregate water use for dedicated landscape accounts with budgets. d) Aggregate budgeted water use for dedicated landscape accounts with budgets. BMP 5 LARGE LAN DSCAP CONSERVATION PROGRAMS AND INCENTIVES e) Agency has implemented and is maintaining customer incentive programs) for irrigation equipment retrofits. Water SayWi gs Assumptions Assume landscape surveys will result in a 15% reduction in demand for landscape uses by surveyed accounts. - 5 - BMP 6 HIGH-EFFICIEN WASHING MACHINE REBA E PROGRAMS Implementation Implementation shall consist of at least the following actions: CUWCC Actions and Responsibilities a) Within 6 months from the adoption of this BMP, the Council will develop interim estimates of reliable water savings attributable to the use of high-efficiency washing machines based on the results of the THELMA Study and other available data. Water purveyors may defer implementing this BMP until the Council has adopted these interim estimates. b) Within two years from the adoption of this BMP,the Council will complete studies quantifying reliable savings attributable to the use of high-efficiency washing machines. c) At the end of two years following the adoption of this BMP, the Council will appoint a committee to evaluate the effectiveness of triggering high-efficiency washing machine financial incentive programs operated by MOU signatories with programs operated by energy service providers. This committee will consist of 2 group 1 representatives. 2 group 2 representatives. and the CUWCC Administrator or Executive Director or his/her desience. This BMP will be modified by the appointed committee to require agencies to implement financial incentive programs for high- efficiency washing machines whenever cost-effective and regardless of the absence of a program operated by an energy service provider if the committee concludes from available evidence the following: • the CUWCC has verified that significant water savings are available from high- efficiency washing machines; • there is widespread product availability; and • financial incentive programs offered by energy service providers in California have either not materialized, been largely discontinued or significantly scaled back. Water Purveyor Responsibilities a) In conjunction with the CUWCC. support local. state. and federal legislation to improve efficiency standards for washing machines. . � BMP 6 HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS Criteria to Determine BMP Implementation Status a) Agency has determined if energy service providers or waste water utilities operating within service territory offer financial incentives for the purchase of high-efficiency washing machines. b) if energy service provider or waste water utility operating within agency's service territory is offering financial incentives,agency has calculated cost-effective customer incentive using methods found in A Guide to Customer Incentives for Water Conservation prepared by Barakat and Chamberlain for the CUWA, CUWCC, and US EPA, February 1994. and is offering this incentive to customers in service territory. Water Savings Assumptions Not quantified at this time - 3 - BMP 7 PUBLIC INFORMATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a public information program to promote water consmation and water conservation related benefits. b) Program should include, but is not limited to, providing speakers to employees. community groups and the media; using paid and public service advertising; using bill inserts; providing information on customers' bills showing use in gallons per day for the last billing period compared to the same period the year before; providing public information to promote water conservation practices; and coordinating with other government agencies, industry groups, public interest groups. and the media- Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOLT or becoming subject to the MOLL after December 31. 1997, implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agencies shall maintain an active public information program to promote and educate customers about water conservation. Requirements for Documenting BMP Implementation a) Number of public speaking events relating to conservation during reporting period b) Number of media events relating to conservation during reporting period. c) Number of paid or public service announcements relating to conservation produced or sponsored during reporting period. d) T}•pes of information relating to conservation provided to customers. e) Annual budget for public information programs directly related to conservation. BMP 8 SCHOOL EDUCATION PROGRAMS Implementation Implementation shall consist of at least the following actions: a) Implement a school education program to promote water conservation and water conservation related benefits. b) Programs shall include working with school districts and private schools in the water suppliers' service area to provide instructional assistance, educational materials. and class-room presentations that identify urban, agricultural,and environmental issues and conditions in the local watershed. Education materials shall meet the state. education framework requiremenm and grade appropriate materials shall be distributed to grade levels K-3,4-6, 7-8, and high school. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997, implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or Becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July I of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agencies shall maintain an active school education program to educate students in agencies service areas about water conservation and efficient water uses. Requirements for Documenting BMP im iementation a) Number of school presentations made during reporting period. b) Number and type of curriculum materials developed and/or provided by water supplier, including confirmation that curriculum materials meet state education framework requirements and are grade-level appropriate. - l - '• BMP 9 CONSERVATION P, OGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS Implementation Implementation shall consist of at least the following actions: a) Identify and rank commercial. industrial, and institutional customers according to use. For purposes of this BMP, commercial, industrial, and institutional customers are defined as follows: Commercial Customers: any water use that provides or distributes a product or service, such as hotels, restaurants, office buildings. commercial businesses or other places of commerce. These do not include multi-family residences, agricultural users. or customers that fall within the industrial or institutional classifications. Institutional Customers: any water-using establishment dedicated to public service. This includes schools, courts, churches,hospitals,and government facilities. All facilities serving these functions are to be considered institutions regardless of ownership. Industrial Customers: any water users that are primarily manufacturers or processors of materials as defined by the Standard Industrial Classifications (SIC) Code numbers 2000 through 3999. b) Within one year of the adoption of this BMP,the CUWCC shall establish long-term implementation targets for the replacement of high-water-using toilcts with ULFTs in the CII sector. Implementation targets will be based on the findings of the CUWCC CII ULFT Water Savings Study. EITHER c) Implement a CII water-use survey and customer incentives program in accordance with the description below. OR d) Achieve water use reductions in the CII equaling or exceeding the targets described below. CII Water Use Survey and Customer Incentives Program Develop a customer targeting and marketing strategy to provide water use surveys and customer incentives to commercial. industrial, and institutional accounts. Directly contact (via letter. telephone. or personal visit) and offer water use surveys and customer incentives to at least 10% of commercial, industrial. and institutional accounts on a repeating basis. Water use surveys must include a site visit. an evaluation of all water- - t - BMP 9 CONSERVATION PROGRAMS FOR COMMERd'AL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS CI1 Conservation Performance Targets Reduce water use by commercial, industrial, and institutional customers by an amount equal to I0% of the use of baseline commercial, industrial,and institutional water use w1thin 10 years of the date implementation is to commence. Reguirements for Documenting BMP Implementation The number of customers and amount of water use within the commercial, industrial. and institutional customer classes. CII Water Use Survey and Customer Incentives Program a) The number of commercial, industrial, and institutional customers offered water use surveys during the reporting period_ b) The number of new water use surveys completed during the reporting period. c) The number of follow-ups completed during the reporting period. d) The type and number of waster saving recommendations implemented_ e) Incentive program budget and customer outlays. CH Conservation Performance Targets The estimated reduction in water use by commercial, industrial, and institutional accounts due to agency programs, interventions, and actions. Agencies must document how savings were realized and the method and calculations for estimating savings. Criteria to Determine BMP Implementation Status Agency has identified and ranked by water use its commercial, industrial, and institutional accounts. BMP 9 CONSERVATIO%OGRAMS FOR COMMER"L, INDUSTRIAL. AND INSTITUTIONAL ACCOUNTS Combined Ta agets Agencies may choose different tracks for different CII customer classes, and will be considered in compliance with this BMP if they are on track to meet each applicable coverage requirement for each class. in addition. agencies may implement both tracks for a given CI1 customer class. and will be considered in compliance with this BMP if the percent of surveys completed and the percent of water savings realized. when added together. equals or exceeds the applicable compliance requirement. For example. at the end of the second reporting cycle an agency would be considered on track to meet the coverage requirement if the percent of surveys completed and the percent of water savings achieved, when added together, equaled or exceeded 2.4%. Agencies may combine tracks only if they make a convincing demonstration that savings attributable to counted surveys are not also included in their estimate of water savings for meeting the water savings performance track. Water Savings Assumptions Commercial water reduction results from Best Management Practices such as Interior and Landscape Water Surveys, Plumbing Codes,and Other Factors but exclude Ultra Low Flush Toilet Replacement. (includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in yew 2000 use occurring over the period 1980-2000: 12%. Industrial water reduction results from Best Management Practices, Waste Discharge Fee. New Technology, Water Surveys; Plumbing Codes and Other Factors, but exclude Ultra Low Flush Toilet Replacement. (Includes savings accounted for in other BMPs) Estimated reduction in gallons per employee per day in year 2000 use occurring over the period 1980-2000. 15%. - s - BMP 10 WHOLE AGENCY ASSISTANCE GRAMS Imolementation Implementation shall consist of at least the following actions: Financial Support a) Wholesale water suppliers will provide financial incentives. or equivalent resources. as appropriate and beneficial. to their retail water agency customers to advance water conservation efforts and effectiveness. b) AlI BMPs implemented by retail water agency customers which can be sho'Am to be cost-effective in terms of avoided cost of water from the wholesaler's perspective, using CUWCC cost-effectiveness analysis procedures, will be supported. Technical Support Wholesale water agencies shall provide conservation-related technical support and information to all retail agencies for whom they serve as a wholesale supplier. At a minimum this requires: c) Conducting or funding workshops addressing the following topics: i) CUWCC procedures for calculating program savings, costs and cost- effectiveness. ii) Retail agencies' B,%4P implementation reporting requirements. iii) The technical, programmatic. strategic or other pertinent issues and developments associated with water conservation activities in each of the following areas: ULFT replacement. residential retrofits: commercial. industrial and institutional survevs. residential and large turf irrigation. and conservation-related rates and pricing. d) Having the necessary staff or equivalent resources available to respond to retail agencies technical and programmatic questions involving CUWCC's BMPs and their associated reporting requirements. - t - BMP 10 WHOLftE AGENCY ASSISTANC OGRAMS c) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist, or to otherwise support_ the implementation of BMPs. d) The total amount of verified water savings achieved by each wholesaler-assisted B MP. Requirements for Documenting_BMP_Implementation a) The total monetary amount of financial incentives and equivalent resources provided to retail members to assist, or to otherwise support, the implementation of BMPs. subtotaled by BMP. b) The total amount of verified water savings achieved by each wholesaler-assisted BMP. Criteria to Determine BMP Impiementation Status a) Timely and complete reporting of all information as provided for above under "Reporting and Record Keeping Requirements." b) Offering workshops covering all topics listed above under"Technical Support." c) Timely reconciliation of wholesaler and retailer BMP reports as provided for above under`'BMP Reporting." Water Savings Assum tions Not quantified. .. ` asBMP 1't - CONSERVATION PRICIN Implementation Implementation methods shall be at least as effective as eliminating nonconsminn pricing and adopting conserving pricing. For signatories supplying both water and sewer service. this BIviP applies to pricing of both water and sewer service. Signatories that supply water but not sewer service shall make good faith efforts to work with sewer agencies so that those sewer agencies adopt conservation pricing for sewer service. a) Nonconservine Lacing provides no incentives to customers to reduce use. Such pricing is characterized by one or more of the following components: rates in which the unit price decreases as the quantity used increases (declining block rates)-.rates that involve charging customers a fixed amount per billing cycle regardless of the quantity used; pricing in which the typical bill is determined by high fixed charges and low commodity charges. b) Conservation pricing provides incentives to customers to reduce average or peak use. or both. Such pricing includes: rates designed to recover the cost of providing service: and billing for water and sewer service based on metered water use. Conservation pricing is also characterized by one or more of the following components: rates in which the unit rate is constant regardless of the quantity used (uniform rates)or increases as the quantity used increases (increasing block rates): seasonal rates or excess-use surcharges to reduce peak demands during summer months; rates based upon the long-run marginal cost or the cost of adding the next unit of capacity to the system. c) Adoption of lifeline rates for low income customers will neither qualify nor disqualify a rate structure as meeting the requirements of this BMP. CUWCC Rate Impact Study Within one year of the adoption of this BMP revision. the CUWCC shall undertake a studv to determine the relative effect of conservation rate structure influence on landscape and indoor water use. The study shall develop sample areas that incorporate varying rate structure environments (e.g.. low. uniform commodity rates.: high uniform commodity rates; increasing block rates. etc.). As practical, the study shall utilize direct metering of customer end uses. and shall control for weather, climate. land use patterns. income. and other factors affecting water use patterns. If the study shows significant potential savings. as determined by a balanced committee of voting Council representatives. a revised pricing BMP containing numeric targets or other appropriate standards shall be developed for a CUWCC vote. - t - BMP 12 "NSERVATION COORDIN IM Implementation Implementation shall consist of at least the following actions: a) Designation of a water conservation coordinator and support staff(if necessary). whose duties shall include the following: i) Coordination and oversight of conservation programs and BMP implementation: ii) Preparation and submittal of the CUWCC BMP Implementation Report; iii) Communication and promotion of water conservation issues to agency senior management: coordination of agency conservation programs %kith operations and planning staff; preparation of annual conservation budget;participation in the CUWCC, including regular attendance at CUWCC meetings; and preparation of the conservation elements of the agency's Urban Water Management Plan. b) Agencies jointly operating regional conservation programs are not expected to staff duplicative and redundant conservation coordinator positions. Implementation Schedule a) Agencies signing the MOU prior to December 31. 1997. implementation shall commence no later than July 1, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31. 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency shall staff and maintain the position of conservation coordinator and provide support staff as necessary. BMP 13 WATER WASTE PROHIBITION Implementation Implementation methods shall be enacting and enforcing measures prohibiting cutter flooding. single pass cooling systems in new connections, nonrecireulating systems in all new conveyer car wash and commercial laundry systems, and nonrecycling decorative water fountains. Signatories shall also support efforts to develop state law regarding exchange-type water softeners that would: (1) allow the sale of only more efficient, demand-initiated regenerating (DIR) models; (2) develop minimum appliance efficiency standards that (a) increase the regeneration efficiency standard to at least 3.350 grains of hardness removed per pound of common salt used; and (b) implement an identified maximum number of gallons discharged per gallon of soft water produced; (3) allow local acencies, including municipalities and special districts, to set more stringent standards and/or to ban on-site regeneration of water softeners if it is demonstrated and found by the agency governing board that there is an adverse effect on the reclaimed water or groundwater supply. Signatories shall also include water softener checks in home water audit programs and include information about DIR and exchange-type water softeners in their educational efforts to encourage replacement of less efficient timer models. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July 1. 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July I of the first year following the year the agency signed or became subject to the MOLT. Coverage Requirements Agency shall adopt water waste prohibitions consistent with the provisions for this BMP specified in Section A of this Exhibit. BMP 14 RESIAL ULFT REPLACE ME OGRAMS Implementation implementation shall consist of at least the following actions, a) Implementation of programs for replacing existing high-water-using toilets with ultra- low-flush(1.6 gallons or less) toilets in single-family and multi-family residences. b) Programs shall be at least as effective as requiring toilet replacement at time of resale. program effectiveness shall be determined using the methodology for calculating water savings in Exhibit 6 of this MOU. After extensive review, on July 30 1992, the Council adopted EXHIBIT 6, "ASSUMPTIONS AND METHODOLOGY FOR DETERMINING ESTIMATES OF RELIABLE SAVINGS FROM THE INSTALLATION OF ULF TOILETS." EXHIBIT 6 provides a methodology for calculating the level of effort required to satisfy BMP 13. Implementation Schedule a) Agencies signing the MOU prior to December 31, 1997, implementation shall commence no later than July I, 1998. b) Agencies signing the MOU or becoming subject to the MOU after December 31, 1997. implementation shall commence no later than July 1 of the first year following the year the agency signed or became subject to the MOU. c) The coverage requirement for this BMP, as specified in Section C of this Exhibit. shall be realized within 10 years of the date implementation was to commence. Coverage Requirements Water savings from residential ULFT replacement programs to equal or exceed water savings achievable through an ordinance requiring the replacement high-water-using toilets with ultra-low-flow toilets upon resale, and taking effect on the date implementation of this BMP was to commence and lasting ten years. RC AOUTING HE ET INITIATING DEPARTMENT: Public Works SUBJECT: Approve a Contract Between the Orange County Sanitation District and the City for the Cooperative Projects Program COUNCIL MEETING DATE: September 4, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Cierk EXPLANATION FOR RETURN OF ITEM: CA oecv� (Below Space For City Clerk's Use Only) RCA Author SEK