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HomeMy WebLinkAboutOC SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM - 2003-08-04L fr 4 RECEIVED Council/Agency Meeting Held: 2006 M1 Deferred/Continued to: CV, Approved ❑ Conditionally Approved ❑ Denied i CI rk's S ature LINTi; Council Meeting Date: 1/17/2006 Department ID Number: PW 06-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS I SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMIT O REPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR 0 UBLIC WORKS G SUBJECT: Approve Contract Amendment No. 1 to CP-0208 Between the Orange County Sanitation District and the City for the Cooperative Projects Program Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: To remain eligible for grant funding, the City and the Orange County Sanitation District (District) need to approve Amendment No.1 for the FY 2004/05 Cooperative Projects Program extending the contract timeline an additional four months. Funding Source: No funding is necessary for this action. Approval of the Amendment will allow the District to reimburse $550,000 in grant funds back to the City. Recommended Action: Motion to: J Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Orange County Sanitation District Cooperative Projects Program Contract No. CP-0208. Alternative Action(s): Do not approve the amendment. This action could result in the loss of up to $550,000 in grant funds. REQUEST FOR ACTION MEETING DATE: 1/17/2006 DEPARTMENT ID NUMBER:PW 06-001 Analysis: The District's Cooperative Projects Program provides cities that operate within their service area an opportunity to receive up to 50% of project funds from the District to help eliminate or reduce water inflow and/or groundwater infiltration into the sewer system. This amendment addresses the grant received for the recently completed Alabama Street Storm Drain Project, CC-1214, which installed approximately 3,550 feet of 42-inch storm drain line in First Street and Alabama Street, eliminating the existing storm drain connections to the sanitary sewer in Alabama Street. The benefit of the project reduced the inflow of stormwater runoff into the City and District's sewer collection system, thus limiting the amount of excess water flowing into the processing plant and requiring treatment. The project was completed in August 2005, however, additional time was required for the completion of the project paperwork and to assemble the final report to the District. The City requested and received a tentative time extension on the contract from the District, per the District's October 4, 2005 meeting. Amendment No. 1 to the Cooperative Projects Program contract has been prepared and will formalize the time extension request. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachment(s): G:\R C A\2006\06-0001 Jan 17 Erdman (OCSD Coop Proj No.0208 Amendment 1).doc -2- 1/3/2006 3:01 PM 0 0 ATTACHMENT #1 NOT TO SCALE UPSTREAM END OF _ PROPOSED STORM DRAIN i `DOWNSMEAM ENO \ OF PROPOSED STORM DRAW � ALABAMA STORM DRAIN LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS P J C 1 ATTACHMENT #2 AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0208 THIS AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0208, is made and entered into by and between: UMB ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OCSD"; CITY OF HUNTINGTON BEACH, hereinafter referred to as "AGENCY". RECITALS WHEREAS, on August 27, 2003, OCSD entered into a Cooperative Projects Program Contract ("Original Contract") with AGENCY, in connection with OCSD'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 August 1, 2005, whichever occurs first; and WHEREAS, the Original Contract with AGENCY expired prior to the Project's completion; and WHEREAS, OCSD and AGENCY desire to extend the term of the Original Contract for a maximum period of four (4) months from August 1, 2005, to allow AGENCY to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its Project; and 1 r WHEREAS, pursuant to the terms of the Original Contract, any extension beyond eighteen (18) months may only be approved by OCSD's Board of Directors. NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended from August 1, 2005, for an additional four (4) months from the original Project completion date, unless terminated earlier as provided for in Paragraph 6 of the Original Contract, for all work performed on or before November 30, 2005. Section 2: All Project deliverables, invoices, and requests for reimbursement must be received by OCSD no later than February 1, 2006. Section 3: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. 14 IN WITNESS WHEREOF, the . Parties hereto have caused this Amendment No. 1 to Cooperative Projects Program Contract No. 0208 to be duly executed on their behalf by their authorized representatives. ORANGE COUNTY SANITATION DISTRICT Date Byg4ji� Cha' , Board of Directors By Secretary, oard o ireciors APPROVED AS TO FORM: BRADLEY R. HOGIN OCSD COUNSEL By CITY OF HUNTINGTON BEACH Date January 19, 2006 By-- --P. AssistantCity(/Clerk By 8 =:: �c Mayor 0 APPROVED AS TO FORM: -T-� 1-L- It, 1'S AT:sa ° ` 116Jr EDMS 003800727 3 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Approve Contract Amendment No. 1 to CP-0208 with the OCSD for the Cooperative Projects Program COUNCIL MEETING DATE: January 17, 2006 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (wlexhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attome Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attome ( PA Y Y Y) Attached Not Applicable Li Fiscal Impact Statement (Unbudget, over $5,000) hed Not AttacApplicable Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report If applicable) ( pp ) Attached Not Applicable Findings/Conditions for Approval and/or Denial Pp Attached Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author. Erdman i 0 a '6 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK January 24, 2006 Orange County Sanitation District P. O. Box 8127 Fountain Valley, CA 92727-8127 Attn: Ann Tobin Dear Ann: CALIFORNIA 92648 The City Council of the City of Huntington Beach at the regular meeting held on January 17, 2006, approved Amendment No. 1 to Cooperative Projects Program Contract No. 0208 of the enclosed agreement between the City and the Orange County Sanitation District. When this agreement is executed, please send a copy to Joan L. Flynn, City Clerk, 2000 Main Street, Second Floor, Huntington Beach, California, 92648 for our records. Sincerely, . J+40 Joan L. Flynn City Clerk Enclosure: Agreement JF:pe G: fo1Iowup: agrmtltr/CoAging/j c (Telephone: 714-536-5227) LETTER OF TRANSMITTAL Joan L. Flynn, City Clerk Date: February 9, 2006 City of Huntington Beach Re: Cooperative Project Contract Amendment 2000 Main Street, 2ND Floor From: Ann Tobin Huntington Beach, CA 92648 Orange County Sanitation District WE ARE SENDING YOU x attached ❑ shop drawings ❑ prints ❑ plans ❑ copy of letter ❑ under separate cover the following: ❑ samples ❑ specifications ❑ ordinance ❑ other: figures COPIES I DATE OR NO. DESCRIPTION 1 0208-1 Executed Contract Amendment THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ for review ❑ approved as submitted ❑ resubmit ` copies for approval x for your file ❑ approved as noted ❑ submit_ copies for distribution ❑ as requested ❑ returned for corrections ❑ return with comments ❑ for review and signature ❑ other: IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE Signed--G✓�= Ann Tobin, Engineer 714-593-7308 atobin@ocsd.com ORANGE COUNTY SANITATION DISTRICT, P.O. Box 8127, Fountain Valley, CA 92728-8127 CITY OF HUNTINGTON BEACH s ,., J0 MEETING DATE: August 4, 2003 DEPARTMENT ID NUMBER: PW-03-048 Council/Agency Meeting Held: =,0-3 Deferred/Continued to:,, ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: August 4, 2003 Department ID Number: PW-03-048- w CITY OF HUNTINGTON BEACH - REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADM INISTRATORa4Z PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC SUBJECT: APPROVE CONTRACTS CP-0207 AND CP-0208 BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY FOR THE COOPERATIVE PROJECTS PROGRAM Statement 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 an agreement with the Orange County Sanitation District (District) for the FY 2003/04 Cooperative Projects Program. Funding Source: No funding is required for the agreement. Funds in the amount of $100,000 are available from the Sewer Service Charge Fund, Professional Services Account 51185201.69365 for the first phase of each of the projects. Recommended Action: Motion to Approve and authorize the Mayor and City Clerk to execute the Orange County Sanitation District Cooperative Projects Program Contract Nos. CP-0207 and CP-0208. Alternative Action(s): Reject the contracts with the Orange County Sanitation District Cooperative Projects Program and direct staff on how to proceed with the projects. This action would result in the loss of up to $1,874,063 in potential grant funds. Analysis: The District's Cooperative Projects Program provides cities that operate within its service area an opportunity to receive up to 50% of project funds from the District. The benefit of a project is to reduce potential inflow of surface water and infiltration of G:\R C A\2003\03-048 August 4 Krieger (OCSD Agreements).doc -2� 1 7/21/2003 4:27 PM 1E 8 REQUEST FOR ACTION MEETING DATE: August 4, 2003 DEPARTMENT ID NUMBER: PW-03-048 groundwater into the District's collection system, thus limiting the amount of excess water flowing into the treatment plant. In November 2002, the City submitted two Orange County Sanitation District Cooperative Projects Program grant applications. The Speer/McFadden project (Attachment 1) is for the elimination of infiltration by rehabilitating over 14,500 lineal feet of sewer mains. The Alabama Inflow project (Attachment 2) will mitigate inflow into the sewer system from four existing storm drain catch basins located on Alabama Street between Hartford Avenue and Joliet Avenue. The City was successful in obtaining both grants and now Council authorization is required to proceed with the first phase of the process. The District requires the City Council to approve the submittal of the projects by entering into the Cooperative Projects Program contracts. This year's program will reimburse the Speer/McFadden infiltration project up to $749,063 of the total project cost estimated at $1,498,126 and the Alabama inflow project up to $1,125,000 of the total project cost estimated at $2,250,000. The first phase of the program will reimburse each project up to $50,000, an estimated fifty percent, for the cost of conducting the required flow monitoring to determine the cost/benefit ratio. If the results of the monitoring determine that the cost/benefit ratio is not acceptable to the District, the contract will be considered fulfilled and terminated. However, should the results indicate an acceptable cost/benefit to the District, the District will allow the City to commence with the second phase of the projects and provide a reimbursement of up to $699,063 and $1,075,000, respectively for the actual design and construction. Prior to commencement of the second phase of either project, staff will seek authorization from the City Council to proceed. Public Works Commission Review: Not required. Environmental Status: Not applicable. Attachment(s): 1. Location Map for McFadden/ Speer Rehabilitation Project 2. Location Map for Alabama Rehabilitation Project 3. Contract No. CP-0207 (2-copies) 4. 1 Contract No. CP-0208 (2-copies RCA Author: SEK G:1R C A12003103-048 August 4 Krieger (OCSD Agreements).doc a 7/21/2003 4:27 PM ATTACHMENT #1 Ali 1 F- Vi W EDINGER LOCATION MAP MCFADDEN LIFT STATION TRIBUTARY AREA CITY OF HUNTINGTON BEACH ps DEPARTMENT OF PUBLIC WORKS N NOT TO SCALE TALBERT 1� LOCATION MAP SPEER LIFT STATION TRIBUTARY AREA CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 OSWEGO � �JU 00,SA AVE: NASHVILLE E MUM Ih A / =MEMPHIS 0 YE. d Ell go A LINCOLN x 405 KNOXVILLE A PAOFIC T ® D ' JOLIET E.• AY� AY[. D 1 Li INDuNAPous AVE t HARTFORD A AYE. D A Hl GENEVA L-i D D ❑ FRANKFORT �D ELMIRA Prioposm I a D stoat mm DETROIT t D c CHK:AGO i BALTIMORE D ATLA A c z E stm Diva o�w+ :3 x A NOT 70 SCALE C0� yjC LOCATION MAP ALABAMA TRIBUTARY AREA CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #3 Phone: (714) 962-2411 ; fax: (7141962-0356 y www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, CA 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Member Agencies , Cities Anaheim Brea s; Buena Park Cypress Fountain Valley Fullerton 'r Garden Grove Huntington Beach Irvine >' La Habra La Palma ' Los Alamitos Newport Beach k Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park Yorba Linda oty, of Orange 1 ] IrY blstricts costa Mesa Midway City Wo-or blstricts Irvine Ranch ORANGE COUNTY SANITATION DISTRICT November 7, 2003 Todd Broussard City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Cooperative Projects Program Contract No. 0207 Enclosed please find an executed copy of Cooperative Projects Program Contract No. 0207 for your files. Please call me at (714) 593-7308, if you have any questions. Ann Tobin, P.E. Engineer AT:sa EDMS 003758342 Enclosure To maintain world -class leadership in wastewater and water resource management. Contact No. CP-0207 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT RECITALS WHEREAS, this Contract is entered into on , 2003 by and between the Orange County Sanitation District { reinafter referred to as "DISTRICT") whose address is P_O. Box 8127, FountalrYValley, California 92728, and.the City of Huntington Beach (hereinafter referred to as "AGENCY")- and WHEREAS, DISTRICT is a duly organized County Sanitation District, existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California, and WHEREAS, DISTRICT implemented a Cooperative Projects Program to co -fund wastewater projects sponsored by agencies located within DISTRICT's service area. DISTRICT's Board of Directors has the authority to enter into Cooperative Projects Program contracts to implement the program. DISTRICT's Board of Directors has authorized a contract with AGENCY for the project described in Exhibit "A" (Project Description/Statement of Work, hereinafter the "Project"), attached hereto and by reference made a part of this Contract; and . WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the parties agree as follows: AGREEMENT 1. AUDIT - AGENCY shall at least once every year, or within two (2) years of the termination of this Contact if the term is less than two (2) years, be subject to an audit by DISTRICT, or its authorized representative, to determine if the revenues received by AGENCY were appropriately spent for the Project described in Exhibit "A". 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 ordinance, the California Plumbing Code, 2001 . Edition, as amended, including 1 specifically, bui not limited to, Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation. In the event that AGENCY has not or elects not to adopt the California Plumbing Code, 2001 Edition, as amended, it shall adopt an ordinance specifically including the same provisions as are set forth in the California Plumbing Code, 2001 Edition, as amended, Chapter 10 and Appendix H. This ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP - AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation - Best Management Practices) attached hereto and by reference made a part of this Contract. 4. SEWER MAINTENANCE PROGRAM - AGENCY agrees to adopt a sewer maintenance program in accordance with its Sewer System Management Plan (SSMP) Development Plan and Schedule (DP&S), which was required to be submitted to the Santa Ana Regional Water Quality Control Board on or before September 30, 2002. AGENCY shall submit a copy of the SSMP DP&S to DISTRICT within 30 days of the date first written above. AGENCY shall perform routine sewer cleaning and hotspot cleaning to remove debris from the sewers to minimize opportunities for blockages and spills. The program shall include, at a minimum, routine cleaning of sewers 12 inches in diameter or less every 18 months and sewers 15 inches in diameter or greater, every five (5) years. 5. TERM - The term of this Contract is from date of contract execution by both parties through completion of the Project or May 31, 2005, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below. All Project deliverables and requests for reimbursement must be received by District by June 30, 2005. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event that AGENCY is unable to complete the Project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this Contract for an additional period of up to 6 months subject to approval by DISTRICT's General Manager. Such extension shall be made only by written agreement signed by both parties hereto. Any extensions beyond 6 months may be approved only by DISTRICT's Board of Directors. 6. TERMINATION - In the event that any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit A, and Exhibit "C" (Project Milestone Schedule), attached hereto and by reference made a part of this Contract, the failure shall constitute a material breach of this Contract. The non -breaching 2 oartv shall h9ve the sole and exclusive ootifeither to notify the breaching party that it must cure this breach within 15 days or provide written notification of its intention to terminate this Contract upon 30 days written notice. Notification shall be provided in the manner set forth in Paragraph 23 below. Termination shall not be the exclusive remedy of the non -breaching parry. The non -breaching party shall have the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract without cause and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination if DISTRICT terminates this Contract without cause. DISTRICT may terminate this Contract at any time, without cause, upon giving AGENCY 30 days written notice. 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 ($1,000,000.00). AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof_ AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any Project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with Five Million Dollars ($5,000,000.00) general policy aggregate; or, alternatively Two Million Dollars ($2,000,000 00) aggregate separate for this Contract. AGENCY shall require its contractor to maintain such coverage during the duration of its Project work. DISTRICT shall be named as an additional insured on each liability policy referred to herein and 30 days advance written notice of modification or termination of any such insurance shall be given by AGENCY to DISTRICT. Any modification of the insurance provided shall be subject to pre -approval by DISTRICT. If AGENCY, or its contractor, fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate this Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. DISTRICT shall have no obligation, however, to purchase additional insurance_ 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 expense which DISTRICT, its officers, employees, agents, representatives, and successors -in -interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, contractors, sub -agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third party for the performance of work as part of the Project. Sub- agency means an agency, other than the AGENCY, that either performs or hires contractor(s) to perform work on the Project. 3 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of SEVEN HUNDRED FORTY-NINE THOUSAND, SIXTY-THREE Dollars ($749,063.00) 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 60 days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY to DISTRICT. 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 be submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid to AGENCY pursuant to this Contract, until the Project, as set forth in Exhibit A, is completed and proof of completion is provided to DISTRICT. If the Project as described in Exhibit A is not completed and satisfactory proof of completion is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. For closed circuit television monitoring ("CCTV") projects, proof of completion shall also include a notarized letter from the City Engineer, Public Works Director, or City Manager affirming that the monitored sewers were constructed in or before 1960 and meet each of the following criteria: (1) Pipe material must be clay tile or glazed clay, asbestos cement, uncoated concrete, or Orangeburg; (2) Joint configuration with high risk (i.e., high inflow/infiltration potential) must be hand mortared, packed joint with oakum - asphaltic materials, jute, or other hand packed materials; and (3) Other high -risk materials must be approved by the DISTRICT before the AGENCY commences work. 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. 4 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 Exhibit "A", Exhibit "B" (Project Cost Breakdown), and Exhibit "C", attached hereto and by reference made part of this Contract. 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 by DISTRICT to AGENCY shall not exceed 50% of the total Project cost. 10. COMPLIANCE WITH APPLICABLE LAWS - AGENCY shall comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. 11. EMPLOYEES OF AGENCY A. With regard to Project work, AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay, and pay for legal holidays. B. With regard to Project work, AGENCY shall pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. With regard to Project work, AGENCY, its officers, employees, agents, or representatives shall in no manner be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 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-DISCRIMINATION - In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 5 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub -agency to comply with this paragraph. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with the above -mentioned federal and state laws, regulations, and orders. 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'S or DISTRICT's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions or of the future exercise of such rights or remedies. 16. ATTORNEY'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 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. 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 this 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 duplicate 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 0 the laws of the State of California. shall be Orange County, California. Venue or resolution of any dispute 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 AGENCY. In the event that a formal contract is not executed, DISTRICT shall not be liable for any amounts expended in anticipation of a formal contract. Notwithstanding the foregoing, pre -contract cost expenditures authorized by this Contract may, in the District's sole discretion, be reimbursed in accordance with the cost schedule and payment provision of this 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. IF TO DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary IF TO AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Todd Broussard 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 party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. 25. RECITALS - The Recitals above are hereby incorporated in this paragraph as though fully set forth herein and each party to this Contract acknowledges and agrees that such Party is bound, for purposes of the Contract, by the same as though set forth in full in this section. 7 IN WITNESS VVHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives on the date hereinabove. ORANGE COUNTY SANITATION DISTRICT IM 19 APPROVED AS TO FORM: By � District dounse CITY OF HUNTINGTON BEACH Attested By CI INITIATED AN APPROVED BY Director of Public Works CITY OF HUNTINGTON/1 BEACH BY: (; .P 2 &AVA-M . Mayor APPROVED AS TO FORM: CityAtto-rneyO2 03 1,b3 REVIEWED AND APPROVED BY: City,Administrator Exhibit A Project Description/Statement of Work EXHIBIT A: PROJECT DESCRIPTION i STATEMENT OF WORK Proiect Goals As part of the recently completed Sewer Master Plan (SMP) a "desktop" inflow and infiltration (1&1) study was performed to help the City identify potential I&I problem areas. The study identified the sewers tributary to the McFadden and Speer lift stations as potential sources for I&I in the City's wastewater system and recommends further investigation and mitigation. It is understood that I&I studies are generally performed by analyzing measured wastewater flow data for the impact of wet weather conditions. However, because of the lack of precipitation within the City during the preparation of the SMP, the City's consultant estimated the potential impacts of I&I in the City's sewer system utilizing available data such as inflow and output of City sewer lift stations, as well as data from outside sources such as the National Weather Service (NWS) rain gauges surrounding the City. The 11,600 lineal feet of sewers that are upstream of the McFadden lift station are tributary to the District's 15-inch Sewer (11-6) in Springdale Street, are mostly residential and approximately 30-years-old. The 3,000 lineal feet of sewers upstream of the Speer lift station are tributary to the District's 42- inch Sewer (11-12) in Slater Avenue, are mostly commercial and light industrial and approximately 20-years-old. The City's goal would be to utilize a Standard Specifications for Public Works Construction (Green Book) approved slip lining process to eliminate ground water that infiltrates through the many joints of the approximate 14,600 lineal feet of City -owned sewer mains. The necessary slip line rehabilitation will increase the service carving capacity and should completely eliminate the "clean" water currently being treated by the DISTRICT's treatment plant for these areas. From a construction standpoint, slip lining the sewer mains is the best approach for either of these areas to achieve the City's goal. Normal construction methods would be used in the McFadden tributary area since it consists of mainly residential properties. However, construction work in the Speer tributary area will most likely be accomplished during evening hours to offset the typical working hours of the businesses in the area. Additionally, utilizing the slip lining process for the aging sewer mains will add 40 to 50 years to the service life and will be the most cost effective and expeditious process that will provide immeasurable benefit to the DISTRICT and the City. 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 DISTRICT'S benefits would be: 1. Increased capacity in the Springdale trunk sewer (11-6), Slater Avenue Pump Station and the Slater trunk sewer (11-12). 2. Reduced O&M costs at the DISTRICT'S Slater pump station because of the reduction in infiltration. 3. Reduced O&M costs at the DISTRICT'S treatment plant because of the reduction in infiltration. Both agencies could save future replacement and rehabilitation cost. Obiectives The infiltration of ground water in the sewer mains contributes to the build-up of material deposits in the sewer system that help create dam like features that trap floating debris which creates problems like sediment and grease build-ups or blockages that interfere with wastewater flows. These blockages could then interfere with the flow characteristics within the main and possibly cause surcharging or eventual backups onto the streets if not properly mitigated. Additionally, the DISTRICT has stated that its treatment facility is receiving "clean" water from other Agencies mains upstream of their trunk mains, which in turn increase its operational costs for treatment purposes. The rehabilitation of these area's sewer mains by the slip ling process could significantly reduce the output of "clean" water into the DISTRICT'S facility. Scope of Work, Including al► Proiect Tasks City scope of work will be at a minimum the following: 1. Conduct 7-day 1/I monitoring test to determine the extent of the 1/1 within the system at each location. 2. Prepare plans and specifications 3. 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. Make point repairs. d. Slip line the sewer mains with an approved method that will provide a new pipe with an extended life of at least 40 years. e. Re -open all active service laterals. f. 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. g. Rehabilitate the manholes. Proiect End Products and Deliverables 1. Pipes will no longer be susceptible to infiltration 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. 4. A rehabilitated system of clean, maintainable sewer mains. 5. Locate and possibly eliminate all or most illegal connections into the sewer system. In addition the City of Huntington Beach agrees to or has completed the following: • Grease Ordinance- Adopted • Water Conservation BMP- Adopted • Sewer Master Plan- The City's most recent update is June 2002 • Flow Monitoring -The City agrees to conduct flow monitoring prior to any construction as it relates to the District's CPP. • Sewer Maintenance- The City agrees to maintain all sewers that have been partially funded by the District's CPP per the City's sewer maintenance program (see Attachment No. 3). -- Exhibit B Project Cost Breakdown EXHIBIT 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? $ 74%063 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 FY2002-03 $ 749,063 2. Cooperative funds requested 3. Additional Project Co -Funding 4. Total Project Cost $ 749,063 $ 0 $ 1,498,126 1 �P 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? C. Please list all funding sources other than the Cooperative Projects Program: NON -COOPERATIVE PROJGRAM FUNDING SOURCE AMOUNT 1. City Sewer Fund $ 749,063 2. 3. 4. TOTAL OTHER PROJECT CO -FUNDING: $ 749,063 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 (PIPE, MANHOLE FRAME AND COVER, ETC.) 1. *Slip line 8 inch VCP sewer 11,60011 @ $55/ l.f. and 2,9801.f. @ $110/ I.f. 2. Rehabilitate sewer manholes 445 v.f @ $175/ v.f. 3. Re -open active service laterals 300 each @ $75/ each and 50 each @ $110 each 4. Point Repair host pipe 5 to 10-feet deep 100 l.f. @ $230/ 11 5. **Flow monitoring AMOUNT $ 965,800 $ 77,875 $ 28,000 $ 23,000 $ 50,000 6. 22% Contingency including supplemental expenses attributed to possible contractual changes during construction $ 251,829 TOTAL CAPITAL EQUIPMENT COSTS: $ 1,396,504 *Includes: Mobilization and demobilization of equipment, cleaning, video taping (pre and post), bypass pumping, traffic control, dewatering, grinding protruding service lateral. Cost also includes work that will be completed at night due to commercial and light industrial uses in the tributary area. **Includes: Up to five (5) stations for 21 days, before and after rehabilitation and interim and final report 1. 2. 3. 4. 1. 2. 3. 4. DIRECT LABOR COSTS (including overhead and AMOUNT benefits Project Engineering 300 Labor hours x 50.78 $/hour = $ 15,234 Project Management 750 Labor hours x 53.33 $/hour = $ 39,998 Project Inspection 1000 Labor hours x 46.39 $/hour = $ 46,390 Labor hours x $/hour = $ 0 TOTAL DIRECT LABOR COSTS: $ 101,622 OTHER DIRECT LABOR COSTS, INCLUDING SUB- AMOUNT AGENCIES: $ TOTAL OTHER DIRECT LABOR COSTS: $ ADMINISTRATIVE COSTS: (Specify methodology for costs, i.e. % of project costs, actual cost breakdown etc.) $ TOTAL PROJECT COST: $ 1,498,126 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 Awards Grant June 2003 Task 2. —1/1 Testing* April 2004 Task 3. — AGENCY Acceptance May 2004 Task 7. — Interim Report Submitted September 2004 Task 9. — Final Report Submitted May 2005 2003 2004 2005 PROJECT TASK " ¢ "' O O z A Task 1- DISTRICT Award Grant Task 2- UI testing* Task 3- AGENCY Acceptanc e Task 4- Project tt Design Task 5- Contractor Selection Task 6- Slip -line Sewers Task 7- Interim Report Submitted Task 8- AGENCY Acceptanc e Task 9- Final Report' Submitted *Due to the instability of precipitation, 1/1 testing will be accomplished between April 2003 and April 2004. Once significant data can be accumulated the City will submit data to the District for their cost-effective analysis, then the schedule will be modified depending on the results of same. Exhibit D Water Conservation - Best Management Practices EXHIBIT I 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 MMI 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. 0 BMP 1 9 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS lm lementation Schedule a) Agencies signing the MOU prior to December 31. 1997. implementation small commence no later than July 1, 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 folloµ MO the year the agency signed or became subject to the MOU. 4 c) Agencies shall develop and implement a strategy targeting and marketing water use suryevs 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 15% of multi -family residential units to receive water use surveys within I0 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 sun-eys completed during reporting period e) ~`lumber of multi -family residential surveys offered during reporting period. f) Number of multi -family residential surveys completed during reporting period. - 2 - T WATER SURVEY PROGRAMS FOR SINGLE-FAMILY 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 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 0.0% 1990 12.5% 1991 25.0% 1992 37.5% 1993 50.0% 1994 62.5% 1995 75.0% 1996 87.5% 1997 100.00/0 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 g N Technical Services, Inc., found that the average level of savings from home 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 limited persistence of water savings over time from home water use -3- BMP 9 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS Water Savings Assumptions Pre-1980 Construction Low -flow showerhead retrofit 7.2 gcd Toilet retrofit (five year life) 1.3 gcd Leak repair 0.5 gcd Landscape survey (outdoor use reduction) 10% surveys. Post-1980 Construction 2.9 gcd 0.0 gcd 0.5 gcd 10% -4- 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 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-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 MOUafter 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 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- 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 replacement of high -flow showerheads and other water use fixtures with their low -flow counterparts. ii) can demonstrate through customer surveys with 95% statistical confidence and a f10% 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 Low -flow showerhead retrofit Toilet retrofit (five year life) Pre-1980 Construction 7.2 gcd 13 gcd Post-1980 Construction 2.9 gcd 0.0 gcd -3- SMP 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 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 Requirements a) Agency shall maintain an active distribution system auditing program. b) Agency shall repair identified leaks whenever cost-effective. 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 WITH COMMODITY RATES FOR ALL 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 billinc, by volume of use. c) Identifying intra- and inter -agency disincentives or barriers to retrofitting mixed use commercial accounts ,%ith 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. 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 less than their water use budget. CommerciaVIndustriaUInstitutional Accounts with Mixed -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 CII 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 analysistsurveys 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 Ioans. 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 i of the second year following the year the agency signed or became subject to the MOU. -2- r 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.) 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 ImRiementation 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.) -4- r r BMP 5' LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES e) Agency has implemented and is maintaining customer incentive program(s) for irrigation equipment retrofits. Water Savings Assumptions Assume landscape surveys will result in a 15% reduction in demand for landscape uses by surveyed accounts. . -5- r-� 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 2 group 1 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; 0 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. 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 1 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. -2- 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 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 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 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. BMP 7 PUBLIC INFORMATION PROGRAMS 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. -2- 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 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 1 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 provided by water supplier, including confirmation that curriculum materials meet state education framework requirements and are grade -level appropriate. r^ 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. r-- 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 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- 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- r 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. 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- r-- 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 AssumRtions 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%. -5- 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) All BMPs implemented by retail water agency 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 BMPs, 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. -3- BMP 11 CONSERVATION PRICING Implementation Implementation methods shall be at least as effective as eliminating nonconserving pricing and adopting conserving pricing. For signatories supplying both water and sewer service, this BMP 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) lyonconservina pricing 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 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 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. 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- 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 necessary. 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 prohibiting gutter flooding. single pass cooling systems in new connections, nonrecirculating 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 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 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency 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 RESIDENTIAL ULFT REPLACEMENT PROGRAMS 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 savinszs 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 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. 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- 4�JN1 1 SAN17q 7j�N V � N = 9 9 lF � Cr�'�C THE phone: (714) 962-241 1 fax: (7141 962-0356 www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, CA 92728-B127 street address: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Member Agencies 0 Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park Yorba Linda County of Orange Sanitary Districts Costa Mesa Midway City Water Districts Irvine Ranch ORANGE COUNTY SANITATIUN DISTRICT November 7, 2003 Todd Broussard City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Cooperative Projects Program Contract No. 0208 Enclosed please find an executed copy of Cooperative Projects Program Contract No. 0208 for your files. Please call me at (714) 593-7308, if you have any questions. Ann Tobin, P.E. Engineer AT:sa EDMS 003758344 Enclosure To maintain world -class leadership in wastewater and water resource management. Contract No. CP-0208 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT RECITALS WHEREAS, this Contract is entered into on a , 2003 by and between the Orange County Sanitation District (h einafter 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 a duly organized County Sanitation District, existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, DISTRICT implemented a Cooperative Projects Program to co -fund wastewater projects sponsored by agencies located within DISTRICT's service area. DISTRICT's Board of Directors has the authority to enter into Cooperative Projects Program contracts to implement the program. DISTRICT's Board of Directors has authorized a contract with AGENCY for the project described in Exhibit "A" (Project Description/Statement of Work, hereinafter the "Project"), attached hereto and by reference made a part of this Contract; and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE, the parties agree as follows: AGREEMENT AUDIT - AGENCY shall at least once every year, or within two (2) years of the termination of this Contact if the term is less than two (2) years, be subject to an audit by DISTRICT, or its authorized representative, to determine if the revenues received by AGENCY were appropriately spent for the Project described in Exhibit "A". 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 ordinance, the California Plumbing Code, 2001 Edition, as amended, including specifically, but not limited to, Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation. In the event that AGENCY has not or elects not to adopt the California Plumbing Code, 2001 Edition, as amended, it shall adopt an ordinance specifically including the same provisions as are set forth in the California Plumbing Code, 2001 Edition, as amended, Chapter 10 and Appendix H. This ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP - AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation - Best Management Practices) attached hereto and by reference made a part of this Contract. 4. SEWER MAINTENANCE PROGRAM - AGENCY agrees to adopt a sewer maintenance program in accordance with its Sewer System Management Plan (SSMP) Development Plan and Schedule (DP&S), which was required to be submitted to the Santa Ana Regional Water Quality Control Board on or before September 30, 2002. AGENCY shall submit a copy of the SSMP DP&S to DISTRICT within 30 days of the date first written above. AGENCY shall perform routine sewer cleaning and hotspot cleaning to remove debris from the sewers to minimize opportunities for blockages and spills. The program shall include, at a minimum, routine cleaning of sewers 12 inches in diameter or less every 18 months and sewers 15 inches in diameter or greater, every five (5) years. 5. TERM - The term of this Contract is from date of contract execution by both parties through completion of the Project or August 1 ,2005, whichever occurs first unless terminated earlier as provided for in Paragraph 6 below. All Project deliverables and requests for reimbursement must be received by District by August 31, 2005. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event that AGENCY is unable to complete the Project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this Contract for an additional period of up to 6 months subject to approval by DISTRICT's General Manager. Such extension shall be made only by written agreement signed by both parties hereto. Any extensions beyond 6 months may be approved only by DISTRICT's Board of Directors. 6. TERMINATION - In the event that any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit A, and Exhibit "C" (Project Milestone Schedule), attached hereto and by reference made a part of this Contract, the failure 2 shall constitute a material breach of this Contract. The non -breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within 15 days or provide written notification of its intention to terminate this Contract upon 30 days written notice. Notification shall be provided in the manner set forth in Paragraph 23 below. Termination shall not be the exclusive remedy of the non -breaching party. The non -breaching party shall have the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract without cause and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination if DISTRICT terminates this Contract without cause. DISTRICT may terminate this Contract at any time, without cause, upon giving AGENCY 30 days written notice. 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 ($1,000,000.00). AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any Project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with Five Million Dollars ($5,000,000.00) general policy aggregate; or, alternatively Two Million Dollars ($2,000,000.00) aggregate separate for this Contract. AGENCY shall require its contractor to maintain such coverage during the duration of its Project work. DISTRICT shall be named as an additional insured on each liability policy referred to herein and 30 days advance written notice of modification or termination of any such insurance shall be given by AGENCY to DISTRICT. Any modification of the insurance provided shall be subject to pre -approval by DISTRICT. If AGENCY, or its contractor, fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate this Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. DISTRICT shall have no obligation, however, to purchase additional insurance. 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 expense which DISTRICT, its officers, employees, agents, representatives, and successors -in -interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, contractors, sub -agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third party for the performance of work as part of the Project. Sub- 3 agency means an agency, other than the AGENCY, that either performs or hires contractor(s) to perform work on the Project. 9. PAYMENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND Dollars ($1,125,000.00) 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 60 days after approval by DISTRICT of an itemized invoice prepared and furnished by AGENCY to DISTRICT. 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 be submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable Department. C. No funds shall be paid to AGENCY pursuant to this Contract, until the Project, as set forth in Exhibit A, is completed and proof of completion is provided to DISTRICT. If the Project as described in Exhibit A is not completed and satisfactory proof of completion is not provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. For closed circuit television monitoring ("CCTV") projects, proof of completion shall also include a notarized letter from the City Engineer, Public Works Director, or City Manager affirming that the monitored sewers were constructed in or before 1960 and meet each of the following criteria: (1) Pipe material must be clay tile or glazed clay, asbestos cement, uncoated concrete, or Orangeburg; (2) Joint configuration with high risk (i.e., high inflow/infiltration potential) must be hand mortared, packed joint with oakum - asphaltic materials, jute, or other hand packed materials; and (3) Other high -risk materials must be approved by the DISTRICT before the AGENCY commences work. 4 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 Exhibit "A", Exhibit "B" (Project Cost Breakdown), and Exhibit "C", attached hereto and by reference made part of this Contract. 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 by DISTRICT to AGENCY shall not exceed 50% of the total Project cost. 10. COMPLIANCE WITH APPLICABLE LAWS - AGENCY shall comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. 11. EMPLOYEES OF AGENCY A. With regard to Project work, AGENCY shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay, and pay for legal holidays. B. With regard to Project work, AGENCY shall pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. With regard to Project work, AGENCY, its officers, employees, agents, or representatives shall in no manner be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees. 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-DISCRIMINATION - In the performance of this Contract, AGENCY shall not discriminate in recruiting, hiring, promotion, demotion, or 5 termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. AGENCY shall likewise require each sub -agency to comply with this paragraph. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with the above -mentioned federal and state laws, regulations, and orders. 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'S or DISTRICT's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions or of the future exercise of such rights or remedies. 16. ATTORNEY'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 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. 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 this 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. L 20. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed duplicate 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 AGENCY. In the event that a formal contract is not executed, DISTRICT shall not be liable for any amounts expended in anticipation of a formal contract. Notwithstanding the foregoing, pre -contract cost expenditures authorized by this Contract may, in the District's sole discretion, be reimbursed in accordance with the cost schedule and payment provision of this 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. IF TO DISTRICT: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary IF TO AGENCY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: M. Todd Broussard 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 party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. 25. RECITALS - The Recitals above are hereby incorporated in this paragraph as though fully set forth herein and each party to this Contract acknowledges and agrees that such Party is bound, for purposes of the Contract, by the same as though set forth in full in this section. 7 IN WITNESS WHEREOF, the parties of this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives on the date hereinabove. ORANGE COUNTY SANITATION DISTRICT c By Ch ' , and of Directors By Secreta , Board of D" ctors APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL CITY OF HUNTINGTON BEACH ATTESTED BY: �LD �' Clerk �. INITIATED AND �/'/ /�i��g kh APPROVED BY: Director of Public Works CITY OF HUNTINGTON BEACH BY: Mayor APPROVED A TO FORM: City Attorney REVIEWED AND APPROVED BY: mto City Administrator 1.1 Exhibit A Project Description/Statement of Work EXHIBIT A: PROJECT DESCRIPTION 1 STATEMENT OF WORK Proiect Goals The City has identified four 2'x2' grated catch basins that are located within the lowest area (sump condition) of a 27 acre residential basin. These catch basins are connected directly to the City's sanitary sewer system. It is believed that this system was installed in the late 1920's or early 1930's as part of the original design and subsequent construction during the peak development of this area. The City sympathizes with the District that this would normally be considered an illegal connection by today's standards. However, the City, did not become a member of the County Sanitation District's of Orange County until 1951. Before then, the City managed its own wastewater system and a connection of this type would have been acceptable within a small community where no other viable alternative were available. This drainage system was subsequently forgotten or "out of sight -out of mind" for the next 75 years, until recently during the research phase for the preparation of the City's Storm Drain Master Plan. Staff discovered the system and an investigation into its design was initiated. In view of the fact that there has been no substantial development or any inquiries concerning this system, it has been allowed to function as it was originally designed all these years. However, now that the City and the District are aware of the system the City would like to correct the situation. Unfortunately, as stated above there has been no major development(s) within the tributary area, and therefore no funding source has been generated for the necessary funds to pay for the required design and subsequent construction of the system needed to correct the substandard situation existing today. This 27-acre area floods even with the smallest storms considering the drainage system consists of small inlets with four, six or eight inch laterals tied into the 10- inch sewer main in Alabama Street. As part of this project a final hydrology and hydraulic study will be prepared as well as the design and construction of a new storm drain system; thus relieving the sewer system and eliminating all flows from these connections. For the purposes of this application the City prepared an approximation analysis utilizing the rational method suitable for use for the consideration of this application. The size of the total tributary area that drains to the four catch basins that presently connect to the sewer system is approximately 27 acres and is zoned as residential medium high density. An approximate hydrology study calculates a one-year storm event (Q1) of approximately 25-cfs or 11,219-gpm, a ten-year storm event (Q,o) of approximately 44-cfs or 19,749-gpm and a 100-year storm event (Qloo) of approximately 55-cfs or 24,685-gpm. It has been determined that all of the water (nuisance and storm) within this drainage basin drains to the four catch basins. The total tributary area has the following break down: Catch basin #1 located on the east side of Alabama Street between Indianapolis Avenue -and Joliet Avenue has a sub -area of 6 acres and delivers a Q, of approximately' -cfs or 3,142-gpm.', Catch basin #2 is located on the east side of Alabama Street between_.Hartford - Avenue and Indianapolis_Aven O and has a sub -area of 11 acres and delivers a Q, of approximately '8-cfs or 3,590-gprr). Catch basin #3 is located on the west side of Alabama Street between Hartford Avenue and Indianapolis Avenue and has a sub -area of 4 acres and delivers a Q, of approximately 3-cfs or 1,346-gpm. And finally catch basin #4 is located on the west side of Alabama Street between Indianapolis Avenue and Jolt --Avenue and.has_,a sub -area of 5 acres and delivers a Q,,ofapproximate ay-4-cfs or 1,795-gpm j For a total of 27 acres and approximately 22-cfs or 9,875-gpm-capable-of- being delivered directly to the sanitary sewersystem___ City's benefits would be: 1. Elimination of street and private property flooding. 2. Elimination of surcharging of sewer system. 3. Increased capacity in sewer mains will result due to elimination of infiltration. 4. Operation & Maintenance (O&M) costs will be reduced due to a reduction in flow. The DISTRICT'S benefits would be: 1. Increased capacity in sewer mains will result due to elimination of infiltration. 2. Operation & Maintenance (O&M) costs will be reduced due to a reduction in storm water and summer nuisance flow(s). 3. Sewer mains would not be surcharged during storm events. Both agencies would save future replacement and rehabilitation cost. Obiectives The City objective is to eliminate the connections to the sanitary sewer system by designing and constructing a storm drain system -that meets current City and FEMA criteria. This new storm drain system will remove the current impacts to the sanitary sewer system that is caused by the existing connection. Additionally, the District has stated that its treatment facility receive "clean" water from other Agencies mains upstream of their trunk mains, which in turn increase its operational costs for treatment purposes. This is differently an area that delivers "clean" water and the removal of the catch basins within this area by constructing a new storm drain system would significantly reduce the output of "clean" water to the District's facility. Scope of Work, Including all Project Tasks City scope of work will be at a minimum the following: 1. Prepare hydrology and hydraulic studies 2. Prepare plans and specifications 3. Award construction contract to: a. Construct storm drain and appurtenances. 1. Reinforced Concrete Pipe 2. Catch Basins 3. Junction Structures 4. Man Holes 5. Reconstruct or Remove all interfering infrastructure b. Eliminate connections to the sanitary sewer system. Proiect End Products and Deliverables 1. Elimination of multiple storm drain connections to the sanitary sewer system. 2. Elimination of street flooding over sanitary sewer manholes. 3. Elimination of surcharging of sanitary sewer system. 4. New storm drain system and appurtenances. 5. Residents in tributary area will receive flood protection required by current City, County and Federal criteria. In addition the City of Huntington Beach agrees to or has completed the following: • Grease Ordinance- Adopted • Water Conservation BMP- Adopted • Sewer Master Plan- The City's most recent update is June 2002 • Flow Monitoring -The City agrees to conduct flow monitoring prior to any construction as it relates to the District's CPP. Sewer Maintenance- The City agrees to maintain all sewers that have been partially funded by the District's CPP per the City's sewer maintenance program (see Attachment No. 3). Z- Exhibit B Project Cost Breakdown EXHIBIT 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? $ 1,125,000 • 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 FY2002-03 $ 1,125.000 2. Cooperative funds requested $ 1,125,000 3. Additional Project Co -Funding $ 0 4. Total Project Cost $ 2,250,000 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? Exhibit C Project Milestone Schedule EXHIBIT C: PROJECT MILESTONE SCHEDULE MILESTONE COMPLETION DATE Task 1. — DISTRICT Awards Grant June 2003 Task 2. —1/1 Testing* April 2004 Task 3. — AGENCY Acceptance May 2004 Task 6. — Interim Report Submitted November 2004 Task 8. — AGENCY Acceptance May 2005 Task 9. — Final Report Submitted July 2005 2003 2004 2005 PROJECTDISTRICT Award Grant Project Design _MMWMWWWMWMMMWMMMMMM Contractor Selection _MMMMMMWMMWMMMMMMMWM *Due to the instability of precipitation, 1/1 testing will be accomplished between April 2003 and April 2004. Once significant data can be accumulated the City will submit data to the District for their cost-effective analysis, then the schedule will be modified depending on the results of same. Exhibit D Water Conservation - Best Management Practices EXHIBIT I 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 t-` 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. le-- 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 15% 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. BMP 1 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY 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 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 0.0% 1990 12.5% 1991 25.0% 1992 37.5% 1993 50.0% 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 -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 & N Technical Services. Inc., found that the average level of savings from home 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 limited persistence of water savings over time from home water use -3- BMP 1 WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL AND MULTI -FAMILY RESIDENTIAL CUSTOMERS Water Savings Assumptions Low -flow showerhead retrofit Toilet retrofit (five year life) Leak repair Landscape survey (outdoor use reduction) surveys. Pre-1980 Construction 7.2 szcd 1.3 gcd 0.5 gcd 10% Post-1980 Construction 2.9 gcd 0.0 gcd 0.5 gcd 10% -4- 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 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 221 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 MOUafter 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 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 -I 992 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-] 992 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- BMP 2 RESIDENTIAL PLUMBING RETROFIT c) Agency EITHER •o 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 replacement of high -flow showerheads and other water use fixtures with their low -flow counterparts. ii) can demonstrate through customer surveys with 95% statistical confidence and a ±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 Love -flow showerhead retrofit Toilet retrofit (five year life) Pre-1980 Construction 7.2 gcd 1.3 gcd Post-1980 Construction 2.9 gcd 0.0 gcd -3- /I - 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 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 Requirements a) Agency shall maintain an active distribution system auditing program. b) Agency shall repair identified leaks whenever cost-effective. 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- METERING WITH COMMODITY RATES FOR ALL 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 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 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 less than their water use budget. Commercial/IndustriaVInstitutional Accounts with Mixed -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 CII 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 ziM 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 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.) 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. r 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 meterscompleted 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.) -4- LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES e) Agency has implemented and is maintaining customer incentive program(s) for irrigation equipment retrofits. Water Savings Assumptions Assume landscape surveys will result in a 15% reduction in demand for landscape uses by surveyed accounts. . Is -5- r--1. 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 2 group 1 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: 0 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. 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. -2- r^ 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 $arakat 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 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 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 MOU or becoming subject to the MOU after December 31, 1997, implementation shall continence 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. PUBLIC INFORMATION PROGRAMS 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. -2- r 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 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 1 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 provided by water supplier, including confirmation that curriculum materials meet state education framework requirements and are grade -level appropriate. I - 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. 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 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- r- 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- r 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- 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 Juiy 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 CH customers, third parties, or the agency. -4- CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ACCOUNTS Combined Ta bets 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%. -5- 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) All BMPs implemented by retail water agency 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 BMPs. 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. -3- BMP 11 CONSERVATION PRICING Implementation Implementation methods shall be at least as effective as eliminating nonconserving pricing and adopting conserving pricing. For signatories supplying both water and sewer service. this BMP 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) Nonconservina pricing provides no incentives to customers to reduce use. Such pricing is characterized by one or more of the following components: rates in which the uriit 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 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 varvina 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. 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- 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 necessary. 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 prohibiting gutter flooding. single pass cooling systems in new connections, nonrecirculating 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 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 1 of the first year following the year the agency signed or became subject to the MOU. Coverage Requirements Agency 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 RESIDENTIAL ULFT REPLACEMENT PROGRAMS 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 1, 1998. J 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. 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. R BMP 14 RESIDENTIAL ULFT REPLACEMENT PROGRAMS Requirements for Documenting BMP Implementation ,-I 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- (17) August 4, 2003 - Council/Agency Minutes - Page 17 (City Council) Approved Appointments of Fredrick Koepp and David Guido to the Environmental Board With Terms to Expire June 30, 2007 ( . ) Councilmember Hardy requested that this agenda item be removed from the Consent Calendar to congratulation the Environmental Board appointees. A motion was made by Hardy, second Boardman to approve appointments of Fredrick Koepp and David Guido to the Environmental Board with terms to expire June 30, 2007. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None (City Council) Approved Contracts CP-0207 and CP-0208 Between the Orange County Sanitation District and the City for the Cooperative Projects Program — Fiscal Year 2003/2004 (Speer/McFadden Infiltration Project and Alabama Inflow Project — Storm Drain Catch Basins between Hartford and Joliet Avenues) ( . ) Councilmember Sullivan requested that this agenda item be removed from the Consent Calendar to inquire about the cost to benefit ratio. Public Works Director Robert F. Beardsley reported at the request of Councilmember Sullivan. A motion was made by Sullivan, second Boardman to 1. Accept the lowest responsive and responsible bid submitted by Valverde Construction, Inc. in the amount of $1,325,464 for the construction of the Water Pipeline Replacement Projects, CC-1188; and 2. Accept the Alternate Bid items A-1 and B-1 submitted by Valverde Construction, Inc. for a total additional amount of $36,000; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None (City Council) Approved Agreement for the Conveyance of Wastewater Between the City of Huntington Beach and the City of Seal Beach (Sunset Aquatic Park) ( . ) — Councilmember Sullivan requested that this agenda item be removed from the Consent Calendar to inquire about the agreement with the City of Seal Beach concerning whether it will involve pump stations. Public Works Director Robert F. Beardsley reported at the request of Councilmember Sullivan. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 12, 2003 Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Attn: Board Secretary We are herewith transmitting two original contracts between the Orange County Sanitation District and the City of Huntington Beach for the 2003/04 Cooperative Projects Program, Contract CP-207 for McFadden/ Speer Rehabilitation Project and CP-208 for Alabama Rehabilitation Project. When signed and executed by the Orange County Sanitation District, please return one original copy of each contract to the City Clerk at the City of Huntington Beach. Sincerely Connie Brockway, CMC City Clerk Enclosure 2 original contracts CP-207 2 original contracts CP-208 g:/followup/cashcont/retumbidbond.doc (Telephone: 714-536-5227) CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: November 12, 2003 Project/C.C. No.: Cooperative Proiects # 207 & 208 Regarding: Cooperative Proiects Program Contracts ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Orioinal Conies of Contracts 0207 & 0208 Item # Copies Pa es Descri `tion 1 1 - Cooperative Projects Program Contract No. 0207 2 1 - Cooperative Projects Program Contract No. 0208 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ® For your use ❑ Approved as noted ❑ For your action ❑ Returned for corrections ❑ For reviewicomment Remarks: . ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ Other: Please contact me at (714) 536-5259 with any questions you may have. c: Todd Broussard By: tev rieger, Civil Engineering Assistant GAENGINmuNG DrmioN\KRIEGER\OCSD\TlwvsTOCUU 207_2O8.Doc