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Contract No. CP-0210
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 (hereinAfter referred to as
"DISTRICT") whose address is P.O. Box 8127, Fountain Valley, California 92728,
and the City of Santa Ana (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.
GREASE ORDINANCE - AGENCY agrees to adopt, by ordinance, the
California Plumbing Code, 2001 Edition, as amended, including
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specifically, but not limited to, Chapter 10 and Appendix H, as a waste
pretreatmentJgrease 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.
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.
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.
TERM - The term of this Contract is from date of contract execution by
both parties through completion of the Project or May 2, 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 2, 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.
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
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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.
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.
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-
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agency means an agency, other than the AGENCY, that either performs
or hires contractor(s) to perform work on the Project.
PAYMENT
DISTRICT shall pay AGENCY a Firm Fixed Price of SEVENTY
FIVE THOUSAND Dollars ($75,000.00) 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.
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.
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.
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10.
11.
12.
13.
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.
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.
If, at the completion of the Project described in Exhibit '%", 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.
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.
EMPLOYEES OFAGENCY
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.
With regard to Project work, AGENCY shall pay ail federal and
state payroll taxes for its employees and shall maintain worker's
compensation and liability insurance for each of its employees.
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.
OWNERSHIP - Title and full ownership rights to any products purchased
or developed under this Contract shall at all times remain with AGENCY.
NON-DISCRIMINATION - In the performance of this Contract, AGENCY
shall not discriminate in recruiting, hiring, promotion, demotion, or
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14.
15.
16.
17.
18.
19.
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.
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.
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.
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.
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.
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.
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.
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20.
21.
22.
23.
24.
25.
DUPLICATE EXECUTION - This Contract is executed in duplicate. Each
signed duplicate shall have the force and effect of an original.
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.
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.
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 Santa Ana
220 S. Daisy Avenue
Santa Ana, CA 92703
Attn: Ray Burk
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.
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.
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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
"~-~hair, Boi~d of Directors
By ..-~ ' 2
· Secretar(/, Board,o~/¢Jirectors
APPROVED AS TO FORM:
CITY OF SA~It,IT-A. ANA, a~municipal Corporation
Of the Sta¢of Califor~./~)/
Clerk of the Council
APPROVEp AS TO,FORM:
. ~. bityAU6rne~ }
Executive Director,
.~//' Public Works Agency
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Exhibit A
Project Description/Statement of Work
Exhibit A
Project Description/Statement of Work
This project will provide $150,000 for video inspections of approximately thirty miles of
sewer mains at target areas citywide. The mains videotaped will selected based upon
age and maintenance history.
PROJECT GOALS AND OBJECTIVES:
This project will provide for video inspection of approximately 30 miles of existing sewer
mains citywide. The mains to be inspected will be selected based upon age and
maintenance history. Mains meeting the OCSD criteria (i.e., clay pipe, constructed prior
to 1960, other high risk materials) will be targeted in this project. Information gathered
from this effort will be used to prioritize ongoing main rehabilitation/replacement
program.
SCOPE OF WORK
1. Prepare bid documents.
2. Advertise project for bid.
3. City Council bid award.
4. Complete contract work by contractor.
PROJECT END PRODUCTS AND DELIVERABLES
The completion of this project will result in a videotape inventory of approximately 30
miles of existing sewer main. This data will be used to begin implementation of a main
rehabilitation/replacement program.
PROJECTLOCATION
The CCTV work will be citywide, locations to be determined based upon age and
maintenance logs.
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Exhibit B
Project Cost Breakdown
EXHIBIT B: PROJECT COST BREAKDOWN
(Please include this page as part of your
Cooperative Projects Program Application)
Please provide the following information regarding project funding:
· What is your funding contribution?
· When will your funding become available?
$ $75,000
Currently available
Please provide the following Project Cost by Category Information:
PROJECT COST BY FUNDING CATEGORY
1. AGENCY funds available in FY2002-03
2. Cooperative funds requested $ 75,000
3. Additional Project Co-Funding $
4. Total Project Cost $ 150,000
AMOUNT
$ 75,000
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 Iow interest loan less
than or equal to 50% of the Total Proposed Project Cost?
Is the applicant willing to accept a combination of a Iow
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?
YES
X
X
X
NO
X
X
X
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Please list all funding sources other than the Cooperative Projects Program:
NON-COOPERATIVE PROJGRAM FUNDING SOURCE AMOUNT
1. City of Santa Ana Sanitary Sewer Servfce Fee $ 75,000
2. $
3. $
4. $
TOTAL OTHER PROJECT CO-FUNDING: $ 75,000
As applicable, please list all project costs by cost element. Please provide as much
detail as practicable when detaiJing 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. $
2. $
3. $
4. $
TOTAL CAPITAL EQUIPMENT COSTS:
AMOUNT
DIRECT LABOR COSTS (including overhead and
benefits):
1. Labor hours x S/hour = $
2. Labor hours x S/hour = $
3. Labor hours x S/hour = $
4. Labor hours x S/hour = $
TOTAL DIRECT LABOR COSTS:
AMOUNT
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OTHER DIRECT LABOR COSTS, INCLUDING SUB-
AGENCIES:
Contract videotaping of sewer system, estimated at
$0.95 per lineal foot for 30 miles
2. $
3. $
4. $
TOTAL OTHER DIRECT LABOR COSTS:
ADMINISTRATIVE COSTS: (Specify methodology
for costs, i.e. % of project costs, actual cost
breakdown etc.)
AMOUNT
$ 150,000
TOTAL PROJECT COST:
150,000
$
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 NO. 1 MILESTONE SCHEDULE
MILESTONE COMPLETION
DATE
Task 1. - Enter Agreement with O.C.S.D. ~f~yT~, 2003
Task 2 - Prepare bid documents -l-August ,5, 2003 --
Task 3 - Advertise for bids --~m,-tc,~h¢,~- ? ~nnA
Task 4 - Bid opening -CDct_c4~e¢-7, 2003.
Task 5 - City Council award contract ,N~e,-nbe~" ....
Task 6 - Begin videotaping -D_ ecemb,~. ! 6, 2003~
Task 7- Interim report to O.C.S.D. ~
Task 8 - Project completion Dm ,
Task 9 - Final report to O.C.S.D. -Pebrusry~,,,'"° 2eoeS~
Feb-
,~ .../
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Exhibit D
Water Conservation - Best Management Practices
EXHIBIT 1 OF THE MOU
Adopted September 30, 1997
California Urban Water Conservation Council
455 Capitol Mall, Suite 705
Sacramento, CA 95814
Phone: 916-552-5885
Fax: 916-552-2931
September 30, 1997
BMP 1
WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL
AND MULTI-FAMILY RESIDENTIAL CUSTOMERS
Implementation
Implementation shall consist of at least the following actions:
a) Develop and implement a strategy targeting and marketing water use surveys to
single-family residential and multi-family residential customers.
b) Directly contact via letter or telephone not less than 20% of single-family
msidemiat customers and 20% of multi-family residential customers each
reporting period.
c) Surveys shall include indoor and outdoor components, and at minimum shall have
the following elements:
Indoor
i) Check for leaks, including toilets, faucets, and meter check
ii) Check showerhead flow rates, aerator flow rates, and offer to replace or
recommend replacement, as necessary
iii) Check toilet flow rates and offer to install or recommend installation of
displacement device or direct customer to ULFT replacement program, as
necessary; replace leaking toilet flapper, as necessary
Outdoor
iv) Check irrigation system and timers
v) Review or develop customer irrigation schedule
Recommended but not required
vi) Measure currently landscaped area
vii) Measure total irrigable area
d) Provide customer with evaluation results and water saving recommendations;
leave information packet with customer.
e) Track surveys offered, surveys completed, survey results, and survey costs.
BMP 1
WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL
AND MULTI-FAMILY RESIDENTIAL CUSTOMERS
Implementation Schedule
a) Agencies signing the MOU prior to December 31, 1997, implementation shall
commence no later than July 1, 1998.
b) Agencies signing the MOU or becoming subject to the MOU after December 31.
1997. implementation shall commence no later than July 1 of the year following the
year the agency signed or became subject to the MOU.
c) Agencies shall develop and implement a strategy targeting and marketing water use
surveys to single-family residential and multi-family residential customers by the end
of the first reporting period following the date implementation was to commence.
d) The coverage requirement for this BMP, as specified in Section C of this Exhibit,
shall be realized within 10 years of the date implementation was to commence.
Coveraqe 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 muhi-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.
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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
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BMP 1
WATER SURVEY PROGRAMS FOR SINGLE-FAMILY RESIDENTIAL
AND MULTI-FAMILY RESIDENTIAL CUSTOMERS
Water Savinqs Assumptions
Low-flow showerhead retrofit
Toilet retrofit (five year life)
Leak repair
Landscape survey (outdoor u~e reduction)
Pre- 1980 Post- 1980
Construction Construction
7.2 gcd 2.9 gcd
1.3 gcd 0.0 gcd
0.5 gcd 0.5 gcd
10% 10%
surveys.
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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 tess), 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 replacemem of
high-flow showerheads and other water using fixtures with their low-flow
counterparm, until it can be demonstrated in accordance with Section E of this Exhibit
that 75% of single-family residences and 75% of multi-family units are fitted with
high-quality, low-flow showerheads.
c) Track the type and number of retrofits completed, devices distributed, and program
COSTS.
Implementation Schedule
a) Agencies signing the MOU prior to December 31, 1997, implementation shall
commence no later than July 1, 1998.
b) Agencies signing the MOU or becoming subject to the MOU.after December 3 I,
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.
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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 fined with high-quality, Iow-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 ofshowerhead 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.
OR
ii) can demonstrate through customer surveys with 95% statistical confidence and a
4-10% error that 75% of single-family residences and 75% of multi-family units
constructed prior to 1992 are fitted with Iow-flow showerheads.
Water Savinqs Assumptions
Low-flow showerhead retrofit
Toilet retrofit (five year life)
Pre- 1980 Post- 1980
CoB~truction Construction
7.2 gcd 2.9 gcd
1.3 gcd 0.0 gcd
-3-
BMP 3
SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR
Implementation
Implementation shall consist of at least the following actions:
a) Annually complete a prescreening system audit to determine the need for a full-scale
system audit. The prescreening system audit shall calculated as follows:
i) Determine metered sales;
ii) Determine other system verifiable uses;
iii) Determine total supply into the system;
iv) Divide metered sales plus other verifiable uses by total supply into the system. If
this quantity is less than 0.9, a full-scale system audit is indicated.
b) When indicated, agencies shall complete water audits of their distribution systems
using methodology consistent with that described in AWWA's "Water Audit and
Leak Detection Guidebook."
c) Agencies shall advise customers whenever it appears possible that leaks exist on the
customer's side of the meter; perform distribution system leak detection when
warranted and cost-effective; and repair leaks when found.
Implementation Schedule
a)
b)
Agencies signing the MOU prior to December 31, 1997. implementation shall
commence no later than July 1.1998.
Agencies signing the MOU or becoming subject to the MOU after December 3 I,
1997. implementation shall commence no later than July 1 of the year following the
year the agency signed or became subject to the MOU.
Coveracje Requirements
a) Agency shall maintain an active distribution system auditing program.
b) Agency shall repair identified leaks whenever cost-effective.
-I-
BMP 3
SYSTEM WATER AUDITS, LEAK DETECTION AND REPAIR
Requirements for Documenting BMP Implementation
a) Prescreening audit results and supporting documentation;
b) Maintain in-house records of audit results or the completed AWWA Audit
Worksheets for each completed audit period.
Criteria to Determine BMP Implementation Status
a) Agency has annually completed a pre-screening distribution system audit.
b) Agency has conducted a full system audit consistent with methods described by
AWWA's "Manual of Water Supply Practices, Water Audits and Leak Detection"
whenever indicated by a pre-screening audit.
Water Savinqs Assumptions
Unaccounted water losses assumed to be no more than 10% of total water into the water
supplier's system.
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 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 3 I,
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 ofunmetered 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 ofunmetered 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 repotting 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
flint reporting period fol!owing the date implementation was to commence.
c) Agency with existing urunetered connections is on track to meter these connections
within 10 years of the date implementation was to commence. An agency wilt be
considered on track if the percent of metered 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 Savinqs Assumptions
Assume meter retrofits will result in a 20% reduction in demand by retrofitted accounts.
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/Industrial/Institutional 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 (CID 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 accoums
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
-I-
BMP 5
LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES
d)
e)
iv) Training (muhi-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 ora letter, phone call, or site
visit where appropriate
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.
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-
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 incemive 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 Implementation Status
a) Agency has developed water use budgets for 90% of accounts w/th 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.)
BMP 5
LARGE LANDSCAPE CONSERVATION PROGRAMS AND INCENTIVES
e) Agency has implemented and is maintaining customer incentive program(s) for irrigation
equipment retrofits.
Water Savinqs Assumptions
Assume landscape surveys will result in a 15% reduction in demand for landscape uses
by surveyed accounts.
-5-
BMP 6
HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS
Implementation
Implementation shall consist of at least the following actions:
CUWCC Actions and Responsibilities
a) Within 6 months from the adoption of this BMP, the Council will develop interim
estimates of reliable water savings attributable to the use of high-efficiency washing
machines based on the results of the THELMA Study and other available data. Water
purveyors may defer implementing this BMP until the Council has adopted these
interim estimates.
b) Within two years from the adoption of this BMP, the Council will complete studies
quantifying reliable savings attributable to the use of high-efficiency washing
machines.
c) At the end of two years following the adoption of this BMP, the Council will appoint
a committee to evaluate the effectiveness of triggering high-efficiency washing
machine financial incentive programs operated by MOU signatories with programs
operated by energy service providers. This committee will consist of 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;
· 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.
~1-
BMP 6
HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS
b)
If an energy service provider or waste water utility within the service territory is
offering a financial incentive for the purchase of high-efficiency washing machines,
then the water agency shall also offer a cost-effective financial incentive based on the
marginal benefits of the water savings. Incentive levels shall be calculated by using
methods found in A Guide to Customer Incentives for Water Conservation prepared
by Barakat and Chamberlain for the CUWA, CUWCC, and US EPA, February 1994.
A water purveyor is not required to implement a financial incentive program if the
maximum cost-effective rebate is less than $50.
Implementation Schedule
a) Agencies signing the MOU prior to December 31, 1997, implementation shall
commence no later than July I, 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 Documentinq 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-
BMP 6
HIGH-EFFICIENCY WASHING MACHINE REBATE PROGRAMS
Criteria to Determine BMP Implementation Status
a)
b)
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.
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 ti'tis incentive to customers in service
territory.
Water Savinqs 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, indust~ 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.
Coveraqe Requirements
Agencies shall maintain an active public information program to promote and educate
customers about water conservation.
Requirements for Documentinq 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 armouncements 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.
-1-
BMP 7
PUBLIC INFORMATION PROGRAMS
Criteria to Determine BMP ImPlementation Status
Agency has implemented and is maintaining a public information program consistent
with BMP 7's definition.
Water Savings Assumptions
Not quantified.
-2-
BMP 8
SCHOOL EDUCATION PROGRAMS
Implementation
Implementation shall consist of at least the following actions:
a) Implement a school education program to promote water conservation and water
conservation related benefits.
b) Programs shall include working with school districts and private schools in the water
suppliers' service area to provide instructional assistance, educational materials, and
class-room presentations that identify urban, agricultural, and environmental issues
and conditions in the local watershed. Education materials shall meet the state.
education framework 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 Documentinq BMP Implementation
a) Number of school presentations made during reporting period.
b) Number and type of curriculum materials developed andJor provided by water
supplier. !ncluding confirmation that curriculum materials meet state education
framework requirements and are grade-level appropriate.
-I-
BMP 8
SCHOOL EDUCATION PROGRAMS
c) ~umber 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.
-2-
BMP 9
CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL,
AND INSTITUTIONAL ACCOUNTS
Implementation
Implementation shall consist of at least the following actions:
a) Identify and rank commercial, industrial, and institutional customers according to use.
For purposes of this BMP, commercial, industrial, and institutional customers are
defined as follows:
Commercial Customers: any water use that provides or distributes a product or
service, such as hotels, restaurants, office buildings, commercial businesses or other
places of commerce. These do not include multi-family residences, agricultural users,
or customers that fall within the industrial or institutional classifications.
Institutional Customers: any water-using establishment dedicated to public service.
This includes schools, courts, churches, hospitals, and government facilities. All
facilities serving these functions are to be considered institutions regardless of
ownership.
Industrial Customers: any water users that are primarily manufacturers or processors
of materials as defined by the Standard Industrial Classifications (SIC) Code numbers
2000 through 3999.
b) Within one year of the adoption of this BMP, the CUWCC shall establish long-term
implementation targets for the replacement of high-water-using toilets with ULFTs in
the CII sector. Implementation targets will be based on the findings of the CUWCC
CII ULFT Water Savings Study.
EITHER
c) Implement a CII water-use survey and customer incentives program in accordance
with the description below'.
OR
d) Achieve water use reductions in the 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-
-I-
BMP 9
CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL,
AND INSTITUTIONAL ACCOUNTS
using apparatus and processes, and a customer report identifying recommended
efficiency measures, their expected payback, and available agency incentives. Within
one year of a completed survey, follow-up via phone or site visit with customer regarding
facility water use and water saving improvements. Track customer contacts, customers
receiving surveys, follow-ups, and measures implemented. The method for crediting
water use surveys completed prior to the revision of this BMP is described in Section E
of this Exhibit.
CII Conservation Performance Targets
Implement programs ~o 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
ma)' 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-
BMP 9
CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL,
AND INSTITUTIONAL ACCOUNTS
CII Conservation Performance Targets
Reduce water use by commercial, industrial, and institutional customers by an mount
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 Documentinq 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 estim/,ted 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 Statu,q
Agency has identified and ranked by water use its commercial, industrial, and
institutional accounts.
-3-
BMP 9
CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL~
AND INSTITUTIONAL ACCOUNTS
CI! 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 comrnercial, 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 interx, entions since 1991 that have been site verified, and 25% of
estimated annual savings of interventions that have not been site verified.
d) Agencies may claim the estimated savings for regulations, ordinances, or laws
intended to increase water use efficiency by the CII sector, subject to the review and
approval of the savings estimates by the CUWCC. To avoid double counting,
agencies justifying savings on the basis of rate structure changes may not claim
savings from any other actions undertaken by CII customers, third parties, or the
agency.
-4-
BMP 9
CONSERVATION PROGRAMS FOR COMMERCIAL, INDUSTRIAL,
AND INSTITUTIONAL ACCOUNTS
Combined Targets
Agencies may choose different tracks for different CII customer classes, and will be
considered in compliance with this BMP if they are on track to meet each applicable
coverage requirement for each class. In addition, agencies may implement both tracks
for a given CII customer class, and will be considered in compliance with this BMP if the
percent of surveys completed and the percent of water savings realized, when added
together, equals or exceeds the applicable compliance requirement. For example, at the
end of the second reporting cycle an agency would be considered on track to meet the
coverage requirement if the percent of surveys completed and the percent of water
savings achieved, when added together, equaled or exceeded 2.4%. Agencies may
combine tracks only if they make a convincing demonstration that savings attributable to
counted surveys are not also included in their estimate of water savings for meeting the
water savings performance track.
Water Savin,qs Assumptions
Commercial water reduction results from Best Managemem 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 yeax 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 sho~m to be
cost-effective in terms of avoided cost of water from the wholesaler's perspectivel
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 imp.lementation 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.
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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 ali 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 I 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.
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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, mount 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 alt 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.
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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) Nonconservin_o pricine 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 mount per billing cycle regardless of the
quantity used; pricing in which the typical bill is determined by high fixed charges
and Iow commodity charges.
b) Conservation pricin~ 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: rotes 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 quali~' 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.
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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 alSer 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 l 1 's definition of conservation
pricing.
Water Savinqs Assumptions
Not quantified.
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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 conservatiun 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.
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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.
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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 December31, 1997. implememationshall
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.
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BMP 13
WATER WASTE PROHIBITION
Requirements for Documentincj 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 Savin,qs Assumptions
Not quantified.
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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.
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.
Coverac/e 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.
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BMP 14
RESIDENTIAL ULFT REPLACEMENT PROGRAMS
Requirements for Documenting BMP Implementation
a) The number of single-family residences and multi-family units in service area
constructed prior to 1992.
b) The average number of toilets per single-family residence; the average number of
toilets per multi-family unit.
c) The average persons per household for single-family residences; the average persons
per household for multi-family residences.
d) The housing resale rate for single-family residences in service area; the housing resale
rate for multi-family residences in service area.
e) The number of ULFT installations credited to the agency's replacement program, by
year.
f) Description of ULFT replacement program
g) Estimated cost per ULFT replacement
h) Estimated water savings per ULFT replacement
NOTE: The following strike-out information now appears as Section G.
Criteria to Determine BMP Implementation Status
Calculated ULFT replacement program water savings at the end of each reporting period
are within 10% of calculated retrofit-on-resale water savings, using Exhibit 6
methodology and water savings estimates.
Water Savings Assumptions
See Exhibit 6.