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HomeMy WebLinkAbout15 CROSS CONN CNTL 12-06-99 NO. 15 12-06-99 Inter-Corn DATE: DECEMBER 6, 1999 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION CONSULTANT SERVICES AGREEMENT FOR ADMINISTRATION OF CROSS CONNECTION CONTROL PROGRAM SUMMARY This agreement provides for interim administration of the Water Division's Cross-Connection Control Program by Irvine Ranch Water District (IRWD). The Cross-Connection Control Program (CCP) consists of insuring annual testing, inspection and repair of backflow prevention devices. Backflow devices prevent introduction of chemicals and contmninants into the City's water system at industrial, commercial. landscape and agricultural service connections. The agreement also provides for on-call electrical and mechanical maintenance services as needed. RECOMMENDATION Authorize the Mayor and City Clerk. subject to final City Attorney and Department of Health Services approval, to execute the attached Consultant Services Agreement with Irvine Ranch Water District for administration of the Water Division's Cross-Connection Control Program along with providing electrical and mechanical maintenance services on an "on-call" basis. FISCAL IMPACT The initial cost to administer this program is $21.900. This cost includes a one time start-up cost of $4.500 to fully computerize the cross connection account information. This interim program will be funded from salary savings due to current employee vacancies and the termination of an existing cross-connection consultant contract. The agreement may be terminated at any time upon written notice to the consultant. BACKGROUND The City currently monitors the testing and inspection of 466 backflow prevention devices (BPD) in compliance with Title 17 of the State Administrative Code and City of Tustin Ordinance No. 1008. BPD's are required at any service connection where chemicals and contaminants are present which could be introduced into the water system. These include large landscaped areas where fertilizers are used: industrial plants where equipment is connected to the public water supply for cooling and other uses: photo developing shops and dental offices where film developing equipment is connected to the water supply: laundo' and dD' cleaning business: and large office buildings with water cooling towers. Currently'. construction plans and permits are reviewed by the Water Division. and BPD are required to be installed where necessau'. Annual notices are mailed out to property owners or tenants to advise them when testing is required. The owner or tenant then hires a certified tester from a list provided by the Orange County Health Department. who then tests the BPD and sends a rePort to the Water Division. The Water Division receives completed test reports, reviews them for compliance, and performs follow-up spot testing on about 10 percent of. the sites. Additionally. high and moderate hazard premises are inspected on Consultant Services Agreement for Administration at Cross-Connection Control Program December 6, 1999 Page 2 an annual and semi-annual basis, respectively. Under the proposed agreement, IRWD will perform the above functions for the City. DISCUSSION The Water Division's CCP, a requirement of Title 17 of the State Administrative Code, has been administered by one of its Water Treatment Plant Operators along with consultant assistance for the last 8 years. This individual recently left the Water Division for other employment and there are no other employees that have the necessary experience or education to administer this program. The Department of Health Services cross-connection regulations require that each water supplier have a trained person to carry out its cross-connection program. The department offers the following guidelines in making the determination of a trained individual. 1. A program specialist for a water system that serves areas with significant commercial, agricultural, or industrial development, and managers of joint programs, should have the following: a. Previous experience with cross-connection programs; or b. Education in a cross-connection specialist course, or c. Minimum Grade I certification as a Cross-Connection Specialist under the AWWA program. In addition, specialists that may be involved in evaluating internal abatement of cross-connections in lieu of protection at the service connection should be certified as a Grade II Cross-Connection Specialist under the AWWA program. Re The experience and education requirements may be waived for a program specialist for a system that serves only residential customers, but should be thoroughly familiar with applicable regulations and manuals. Certification as a tester is recommended, as this training is available at a reasonable cost in most parts of this State. ge Similarly, the experience and education requirements may be waived for a small system with some commercial or agricultural customers, but at least one survey of all customers should be performed by a trained, experienced person as defined in Section 1. The Water Division has had contact with the District Engineer for the State of California Department of Health Services and he has given verbal approval for the City's interim cross-connection program with IRWD. However, a request outlining the entire program will need to be submitted prior to receiving written verification from the Department of Health Services. Consultant Services Agreement for Administration at Cross-Connection Control Program December 6, 1999 Page 3 As the City has a.relatively small number of devices (466) compared to IRWD (8300) or cities like Buena Park (1000), Orange (2200) or San Clemente (900), the City will realize an economy of scale along with allowing current employees to give priority to other maintenance tasks. One of the primary reasons for hiring a third Treatment Plant Operator was due to the cross-connection program consuming 15-20% of the time of one of the existing operators. Also, since the recent retirement of a local electrical service businessman, the Water Division has had difficulty in receiving a timely response for its high voltage electrical repair and maintenance needs. The accompanying agreement includes a provision for IRWD to provide on-call electrical service to the Water Division. The proposed costs are in accordance with industry norms. The potential for contamination of the public water supply by introduction of chemicals from private sources can pose a serious threat to public health. Providing an aggressive Cross-Connection Control Program is the best defense against such a threat. IRWD, with it substantial size and organizational depth, is highly qualified to perform this interim service for the City. Tim D. Serlet Director of Public Works/City Engineer TDS:GV:ccg:Cross Connection Control Prog. Doc Gary Veeh Water Services Manager Attachment CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this 6t__~h day of December, 199__~9, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referredtoas "City",and Irvine Ranch Water District a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the 'services of a consultant to furnish the necessary engineering services for Administration of Cross Connection Control Program hereinafter referred to as "Project"; and WHEREAS, Consultant' has submitted to City a proposal dated September 1, 1999, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1' Scope of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, all the services set fo~h in Exhibit "A". Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in qcestion: 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant' is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. · -1- -Section 4: Compensation. A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of $21,900.00. Be Consultant shall submit detailed 'invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Co Do Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. Consultant shall provide City with a monthly itemizatiOn of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor. Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all . reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance. Ao Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence. Bo Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement.' -2- C. D. All insurance required pursuant to this Section shall be iSsued l~y a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. Upon execution of this Agreement, Consultant shall p~:ovide to City certificates of insurance on the City's form evidencing the required insurance, along with endorsements in form satisfactory to the City. If self-insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement. Ao City shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. Bo Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Co Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall,, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows:' To City: City of Tustin Attn: Director of Public Works 300 Centennial Way Tustin, CA 92780 To Consultant: Irvine Ranch Water District Attn: General Manager P.O. Box 57000 Irvine, CA 92619-7000 Section 10: Miscellaneous Provisions. 'A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City tO proceed therewith. -3- Bo C, De E. No part of this Agreement may be assigned by Consultant without the prior written approval of City. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be'responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex' or national origin including but not limited to, the followingi employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties On the day and year first above written. "CITY" CITY OF TUSTIN By Tracy Wills Worley, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney "CONSULTANT" IRVINE//~.H WATER DIS2CT By (Print Name / Title) -5- EXIBIT I~ll~E I~/~CII W/~E]~, DISTJ{,I~ 15600 Sand Canyon Avo., P.O. Box 57000o /rvino, CA 92619-7000 (949)453-5300 November 19,.1999 Mr. Tim Serlet Public Works Direc:.or City of Tustin P.O. Box 466 Tustin, CA 92781 Subject: Cross Connection Control Services Proposal The Irvine Ranch Water District (IRWD) is pleased to submit this proposal to provide cross connection control services and electrical/mechanical services to the City of Tustin. We believe our proposal, which capitalizes on programs currently in place at IRWD, will fulfill the City's requirements in a professional, cost-effective manner. I. Cross Connection Control Services IRWD has a well established Cross Connection Control Program managed through a dedicated subdepartment of our Water Operations Departmen.t. The comprehensive range of services provided by this group will cost-effectively ensure the City's Cross Connection Program is fully compliant with Title 17 of the California Administrative Code.' The proposed annual cost to the City, based on its current cross connection accounts, is $21,900. This amount includes start-up, operating, and plan administration costs, a.s described in Exhibit 1. The proposed schedule of cross connection control services to be provided by IRWD to the City is described in detail in Exhibit 2. IRWD proposes to follow the administrative policy set forth in City of Tustin Ordinance No. 1008 (attached as Exhibit 3), which guides the City's current cross connection control efforts. Ordinance No. 1008 is very similar to both Title 17 and IRWD's cross connection policy and that similarity will ease the transition to IRWD's administration of the City's program. Our staffhas met with the City's Water Services Manager, Gary Veeh, and reviewed the current status of your Cross Connection Program to develop a scope of work and required administrative procedures. Mr. Veeh affirmed the City's wish to maintain its presence in all its operations and maintenance activities, including cross connection control. Therefore, all correspondence to Cross connection control accounts will be provided on City letterhead and all incoming calls will be received through a phone line dedicated to City accounts. EXlBIT "A" Cross Connection Proposal November 19, 1999 Page 2 Mr. Veeh provided our staff with a manual data base of the 466 backflow devices currently in the City's Cross Connection Program. IRWD is in the process of reviewing test reports for all 466 devices to determine actual compliance status and to prioritize the work to be done. Previously, the City sent out test report notices on a quarterly basis to approximately 25 percent of the accounts in the system. This procedure is followed throughout the year until all devices have been tested and certified as fully compliant with Title 17 on an annual basis. We propose to continue that practice. In addition, the current City procedure for follow-up test notices of noncompliant accounts will be followed.- Any noncompliant accounts that extend beyond the City's notification deadlines will be referred to the City's Water Services Manager for further action. IRWD's experience with noncompliant accounts appears to be similar to the City's in that further actions such as termination of water service are rare. IRWD proposes to base the frequency of inspections for the City's cross connection accounts on the degree of potential hazard assigned to the account. Hazard assessment will be divided into three levels: high, moderate, and low. Accounts considered high hazard, such as hospitals and metal plating companies, will be surveyed on an annual basis. Such inspections are usually coordinated with the Orange County Health Department so they may send a representative to · inspect the facility at the same time. Accounts considered moderate hazard, such as schools and light industrial, will be inspected every other year. Accounts considered low hazard, such as commercial businesses and homeowner associations, will be inspected on a three to five year basis. All inspections will be performed by IRWD and reported to the City. On a bimonthly basis, IRWD will provide a letter report on the status of the Cross Connection Program to the City. The report will include: lo 2. 3. 4. 5. Total accounts in the program, including any new accounts added each period. Total notices sent (period and year to date). Total past due notices sent (period and year to date). Total number of inspections performed (period and year to date). Total number of new accounts and devices added to the program (period and year to date). In addition to the bimonthly letter reports provided to the City, IRWD's Cross Connection Control Manager will meet with the City's Water Services Manager quarterly to review the status of program. At year-end, IRWD will transmit to the City of Annual Cross Connection Program Report suitable for demonstrating compliance with Ordinance No. 1008 and for review by the Department of Health Services. IRWD would like a coInplete and current listing of all nonresidential accounts and a means of tracking changes in occupancy to assure that all nonresidential accounts can be assessed for cross connection control compliance. Mr. Veeh indicated this information is not presently available · and has sometimes been difficult to retrieve in the past. One method he has used is to obtain change of tenant information through the new business license process. While we can c6ntinue Cross Connection Proposal November 19, 1999 Page 3 this approach for changes in occupancy, a more reliable method of producing a complete and comprehensive record of nonresidential accounts, and any changes, is essential to support a well run program. There are three cost components required to implement and maintain an effective Cross Control Program, a one-time start-up cost and the on-going costs to operate and administer the program. IRWD's Cross Connection Program is fully computerized and we propose to establisha similar program for the City's accounts. This will include set up and loading of all customer account and backflow device information into the system, setting up of all notification data and program status reports, installing a separate phone line, and providing in-house training of cross connection employees. The start-up budget is $4,500. The second cost component is the on-going operation of the program as described above. IRWD proposes to provide this service for $25 per backflow device, with an annual cost of approximately $11,800 based on the City's current 466 devices. If more devices are added to the system, the estimated annual cost would increase accordingly. Tl~e third cost component is program administration, which includes bimonthly and annual report preparation and quarterly meetings with City staff. The program administration budget is $5,600. I am confident that if you compare IRWD's proposed cost to the cost of administering this program with your in-house staff, including direct labor, benefits, vehicle usage, computer and other related, administrative cost, it is clearly more cost-effective to have IRWD provide cross connection control services. IRWD is prepared to begin providing cross connection control services to the City immediately. According to Mr. Veeh, this arrangement could be entered into through the City's standard professional services agreement. If that agreement can be executed by mid-September, IRWD could begin our start-up procedure at that time and implement the testing and notification aspects of the program shortly thereafter. Please let us 'know if we can be of any assistance completing the agreement process. II. Electrical/Mechanical Services The City has also expressed an interest in having IRWD provide on-call electrical/mechanical services. Similar to our Cross Connection Control group, IRWD has dedicated subdepartments within our Wastewater Operation's Department to provide electrical and mechanical maintenance services. We believe IRWD can capitalize on these existing programs to provide cost-effective electrical and mechanical services to the City. II. III. IV. EXHIBIT "1" PROPOSED COSTS TO PROVIDE CROSS CONNECTION CONTROL PROGRAM Per Device Cost Calculation: (Based on IRWD Program Costs for 8,300 Devices) Direct Labor · $112,900 Benefits (at 40%) 45,200 Materials and Supplies 22,600 Vehicle Usage (at 70% utilization) 24,100 Postage 5,00Q Total IRWD Direct Costs $209,800 Cost per Device 25 · Operating Cost to City' Current Devices $ 466 Cost per Device 25 Annual Program Cost $ 11,800 Start-up Cost to City: Data Base Creation $ 2,200 Field Research 2,000. Documentation 300 Total Start-up Cost: $ 4,500 Program Administration Cost to Cit¥: Bimonthly Letter Report Preparation Annual Report Preparation Quarterly Meetings 2,OOO 1,600 2,000 Total Program Administration Costs: $ 5~600 TOTAL PROPOSED COSTS: $ 21,900 EXHIBIT "2" PRoPoSED SCHEDULE FOR CROSS CONNECTION CONTROL SERVICES TASKS COMPLETION DATE o e . . o o . . Notes: Start-up: a. Initial research and account characterization b. Data base creation c. Documentation/Training First Quarter Test Report Notices Completion of High Hazard Account Surveys Second Quarter Test Report Notices Completion of Moderate Hazard Account Surveys Third Quarter Test Report Notices Completion of Low Risk Account Surveys (2) Submittal of Annual Report December '1, 1999 December 15, 1999 January 1, 2000 January 15, 2000 March 1, 2000 March 15, 2000 May 15, 2000 May 15, 2000 June 15, 2000 June30,2000 (2) Assumes October 1, 1999 notice to commence work. Surveys prioritized and conducted on an as-needed basis. 1 5 6 ? 9 10 11 12 14 16 17 18 19 20 · 2~ 25 26 E~IBIT "3" ORDINANCE NO.1008 AN ORDINANCE OF THE CITY 'COUNCIL OF THE CITY OF TUSTIN APPROVING A CROSS-CONNECTION CONTROL PROGRAM, THEREBY 'ADDING CHAPTER 1 SECTION 4930 TO THE TUSTIN MUNICIPAL CODE, TO PROTECT THE PUBLIC WATER SYSTEM WITHIN THE CITY'S WATER SYSTEM AREA The City Council does hereby find and determine as follows: SECTION 1: PURPOSE The purpose of this ordinance is (1) to protect the public water supply against actual or potential cross connedtion by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as s~fe and potable for human consumption; (3) to eliminate~ cross-connections between drinking water systems and sources of contamination; (4) to prevent the making of cross- connections in the future. This ordinance is adopted pursuant to the State of California Administrative Code, Title 17, Sections 7583 through 7605 inclusive - Public Health entitled "Regulations Relating to cross-conneCtions." · It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be mad~ or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures= being served with water by the'City Water Department and any other source of water supply., or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City. SECTION 2: DEFINITIONS A. Air-Gap Separation: The term "air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch. B. Approved Backflow Prevention Device: The term ,,Approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has' demonstrated their competenCy to perform such'tests to the California Department of Health Services. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 · 26 Ordinance No. 1~08 Page two C. A~ed Wate~ Su_~: The term ,,approved water supply" means any water supply whose potability is regulated by a State or local health agency. D. Auxiliary SupDi~: The term ,'auxiliary supply" means any ~a~er supply on or available to the premises other than the approved water supply. E. AWWA Standard: The term "AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA). F. Back~low: The term ,,backflow" shalI mean a flow ~ondition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is the other cause. G. Contamination: The term ,,contamination" means .a degradation of the quality of the potabi~ water by any foreign substance which creates a hazard to the publiC' health or which may impair the usefulness or qualitY of the water. H. Cross-Connection: The term ,,cross-connection" as use~ i~n this ordinance means any unprotected actual or potential connection between a potable water system used to supply'water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements., jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections. I. Doubl9 Chec~ Valv~ ~: The term "double check Valve assembly" means an assembly of at least two independently acting check~ valves, including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve. . · j. Health Ae__~: The term ,'health agency" means the ~alifornia Department of Health Services, or the local health agency with respect to a small water system'. K. Local health A e_A_~: The~ term "local health agency" means t~e county or city health authority. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Ordinance No. 1008 Page three L. Person: The term "person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. M. premise: The term "premise" means any and all areas on a customers property which are served or have the potential to be served by the public water system. N. Public Water ~ystem: The term "public water system" means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year. .~ O. Reclaimed Water: The term "reclaimed water"'means a wastewater which as a result of treatment is suitable for uses other than potable use. p. Reduced Pressure Principl~ Backflow Prevention Device: The term "reduced pressure principle backflow prevention device" means a device incorporating two or more check valves and an autom~tical!y operating differential relief valve located ~oetween the two checks, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. Q. Service Connection: The term "service connection" refers to the point of Connection of a user's piping to the water supplier's facilities. R. Water Supplier: The term "water supplier" means the person who owns or operates the approved water supply system. S' Water User: The term "water user" means any person Obtaining water from a approved water supply system. SECTION 3: CROSS-CONNECTION pROTECTION REQUIREMENTS 23 24 25 26 27 28 A. General Provision~ 1. Unprotected cross-connections within th~ public, water supply are prohibited. ' 2. Whenever backflow protection has been 'found necessary, the City will require the water user to install an approved backflc%¢ prevention device by and at his/her expense for continued services or - before a new service will be granted. 1 3 5 6 7 8 9 10 11 12 13 14 15 -16 17 18 19 2O 21 23 24 25 26 27 28 Ordinance No. 1008 Page four 3. Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the city's mains entering such premises., buildings, or structures shall be protected by an approved backflow prevention d~vice. The type of device to be installed will be in accordance, with the requirements of this ordinance. B. Where Protection i_~s Renu_ired: 1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from ~he premises into the public water system -. unless the auxiliary water supply is accepted as an additional source by the City, and is approved by the public health agency having jurisdiction. 2. Each service connection from the City water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water.from the premises into- the public system. This shall include the handling of process wa2ars and waters originating from the City water system which' have been s~bjected to deteriOration in sanitary quality. ~ 3o Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the State or local health department and the city, or (b) intricate plumbing and' piping arrangements or where entry to all portions 0f the· premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist. C. TyD~ of Protection Require~: 1. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of"hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Backflow prevention Device (RP),. and an Air-gap separation (AG). The water user may choose a higher level of protection than required by the ~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 :21 23 24 25 26 27 28 Ordinance No..1008 Page five City. ~he minimum types of backflow protection required to proteq, t the approved water supply, at the user,s water qonnection to premises with varying , . ~ !~ ...! -. degrees of h~z.ard~are'given in Table 1. situations which are not covered ~in Table 1 shall be evaluated on a case by'~icase'~asis and the appropriate backflow protection shall be determined by the City or health agency. Table 1 TYPE OF BACKFLOW PROTECTION REQUIRED (a) Degree of Hazard Sewage and Hazardous Substances Minimum Type'of Backflow Prevention (1) Premises where the public water system is used to supplement the reclaimed Water supply. AG (2) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single family residence that has ~'~sewage lift pump. A RP may be provided in lieu of'an AG if approved by the health agency.and the City. AG (3) Premises where reclaimed water is used and there is no interconnection with the potable water system. A RP may be provided in lieu of an AG if approved by the health agency and the City. AG (4) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and the City. AG (5) Premises where there are irrigation systems into which fertilizers, herbicides, or pestici, des are, or can be, injected. RP (b) Auxiliary Water Supplies (1) Premises where there is an unapproved auxiliary water supply which is interconnected with the public water syStem. A RP or DC may be provided in lieu of an AG if approved by the health agency and the City. AG 1 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 24 · 26 27 ordinance No.' 1008 Page six (2) Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of a RP if approved by the health agency and city. RP (c) Fire Protection Systems (1) Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected). DC (2) Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. A ' RP may be provided in lieu of an AG if approved by the health agency and City. AG (3) Premises where the fire system is supplied from the public water system and wkere either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used. DC (d) Premises where entry is restricted so that inspections for croSs-connections cannot be made with sufficient freque,~cy or at sufficiently short notice t° assure that cross-connec~hions do not exist. RP (e) Premises where there is a repeated history of cross- connections being established or re-established. RP 2. Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the city's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required. SECTION 4: BACKFLOW PREVENTION DEVICES A. Approved Backflow Prevention Devices: 1. Only backflow preventio~ devices which have been approved by the Foundation for Cross-Connection Control and Hydraulic Research, 'University of ~outhern California shall be acceptable for installation by a water user connected to the City's potab].e water system. .. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 Ordinance No. 1008 Page seven The city will provide, upon request, to any affected customer a list of approved backflow preventi6n devices. B. Backflow Prevention Device Installation: 1. Backflow Prevention devices shall be installed in a manner prescribed in Section 7603, Title 17 of the California Administrative Code. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device. a. Air-~a~ separation tAG)_ - The air-gap separation shall be located on the user's side of and as close '~to the. service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two (2) pipe diameters of the supply .inlet, but in no case- less than one (1) inch above the overflow rim of the receiving tank. Reduced pressure principle backflow pr'even~i~n device (RP) - The approved reduced pressure .principle backflow prevention device shall be installed on th~ user's side of and as close to the service connection as is practical. The.device shall be installed a minimum, of twelve'inches (12") above grade and not more than thirty-six inches (36") above .grade measured from the bottom of the device and.with a minimum of twelve inches (12") side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the. City. c. Double check valve assembly (DC) - The"appr°ved double check valVe assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for ~esting and maintenance. If a double check valve assembly is put below grade ~t must be installed in a vault such that there is a minimum of six inches (6") between the bottom of the vault and the bottom of the device, so that the top of the device'~is no more than a- maximum of eight inches (8") below grade, so there is a minimum of six inches of clearance between the side 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 27 ordinance No. 1008 Page eight- of the device with the test cocks and the side of the vault, and so there is a minimum of three inches (3") clearance between 'the other side of the device and the side of the.vault. Special consideration must be given to double check valve assembles of the "Y" type. These devices must be installed on their "side" with the tests cocks in a vertical position so that either check valve may be removed for service _without removing the device. Vaults which do not have an integrated bottom must be placed on a three inch (3") layer of gravel. C. Backflo~ Preventio~ Devicr~ Testinq and Maintenance: 1. The~ owners of any premises on which, or on account of which, backflow prevention devices are installed,, shall have the devices ~tested by a person who has demonstrated their competency in testing of these devices to the City. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as 'required.' A report in a~ form acceptable to the city shall be filed with the city each time a device is tested, relocated, or repaired. · These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. 2. The city will supply affected water users with a list of persons acceptable to the city to test backflow prevention devices. The city will notify affected customers by mail when a~nual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired. D. Backflow Prevention Device Removal: 1. Approval must be obtained from the City before a backflow prevention device is removed, relocated, or · replaced. · a. Removal: The use of a device may be discontinued · and the device removed from service .-upon presentation of sufficient evidence to the City'to verify that a hazard no longer exists or is not likely to be created in the future; Ordinance No. 1008 Page nine 7 8 9 10 II 19. b. Reloca%ion: A device may be 'relocated following confirmation by the City that the relocation will continue to provide the required ~protection and satisfy install&tion requirements. A retest will be required following the relocation of the device; c. Repair: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest will be required following the repair of the device; and d. R~placement: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the city and must be commensurate with the degree of hazard involved. 13 SECTION 5: USER SUPERVISOR 14 15 1.6 17 18 19 20 21 23 24 26 At each premises where it is necessary, in the opinion of the City, .a user supervisor shall be ~asignated by and at tke expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention degices and for avoidance of c~oss-connections. In the event of a contamination or. pollution of the drinking water system due to a cross-connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City, of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. SECTION 6: ADMINISTRATIVE PROCEDURES A. Water ~yste~ Survey 1. The city shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the city upon request for review of possible° cross- connection hazards as a condition of service' for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service Will be granted. 28 1 2 4 5 7 9 10 11 12 14 1,5 16 17 18 19 20 22 23 24 26 27 28 ordinance No. 1008 Page ten 2. The City may require an on-premise inspection to evaluate cross-connection hazards. The city will transmit a~ wri~ten notice requesting an inspection appointment'! · to ~each affected water user. Any customer - which ~.: cannot or will not allow an on-premise inspection of their piping system shall ' · · ~ ~ ' i :be requ~.red to :Lnstall the back£1ow prevention device the city considers n~cessary. 3. The City may, at it's'I discretion, require a reinspection for cross-conhection hazards of any premise to which it serves water. The City will transmit a written notiCe requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the City considers necessary. B. Customer Notification : Device Installation: 1. The City will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backflow prevention devices. 2. A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the sixty days period allowed. The second~ notice will give the water user a two week period to take the required corrective action. If no action is taken within the two week period the city may terminate water service to the affected water user until the required corrective actions are taken. C. Customer Notification ~ Testinq and Maintenance: 1. The city will notify each affecte~ water..user when it is time for the backf!ow~ prevention device installed on their service connection to be tested. This written notice shall give the water user thirty days to have the device tested and supDly the water user with the nece~sary form to be completed and resubmitted to the City. 2. A second notice shall be sent to'each water user which does not have his/her backflow prevention device tested as prescribed in the first notice within the thirty day period allowed. The second notice will give the water user a two week period to -. 5 7 lO l! 12 15 l? 2O ~3 Ordinance No. 1008 Page eleven have his/her b~ckflow prevention device tasted. 'If no action is taken within the.two week period the City may terminate water service to the affected water user until the ~ubject device is tested. SECTION 7: WATER SERVICE TERMINATION A. General: When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the city water service. B. Basis For Termination: Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items: 1. Refusal to install a required backflow prevention device, 2. Refusal to test a backflow prevention device. 3. Refusal to repair a faulty backflow prevention device, '~. Refusal to replace a faulty backflow prevention ~ device, 5. Direct Or indirect~ connection between the public water system and a sewer line, 6. Unprotected direct or indirect connection between the public -water system and a system' or eqUipment containing contaminants, 7. Unprotected direct or indirect connection between the public water system and an auxiliary water system, 8. A situation which presents an immediate health hazard to the. public water system. C. Water Service Termination Procedures: 1. For conditions 1, 2, 3, or 4, the City will terminate service to a customer's premise after two written notices have been sent specifying the corrective acti6n needed and the'time period in which it must be done. If no action is taken within the allowed time ~period water service may be terminated. 1 2 5 ? lO II 12 13 15 l? ~4 ~? Ordinance No. 1008 Page twelve- 2. For conditions 4, 5, 6, 7, or 8, the City will take the following steps: a. Make reasonable effort to advise water user of intent to terminate ~water service; b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the .City. SECTION 8: REQUIREMENTS FOR THE CERTIFICATION AS A BACKFLOW PREVENTION DEVICE TESTER IN THE CITY OF TUSTIN Each applicant for certification as a tester of backflow prevention devices, in the City of Tustin shall have a current valid City Business License and a valid certification as a backflow prevention device testo.r as issued by the American Water Works Association (A.W.W.A.) California - Nevada section or the Orange County Health Department. Re-certification shall be'renewed annually and on the same cycle as established by the City of Tustin on it's business license, which may be changed from time to time at the sole discretion of the uity Council. Each applicant for certification as a tester of backflow~. prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly test such devices. He shall be responsible for the competency and accuracy of all tests and reports prepared by him. The certificate issued to any tester by the City of Tustin may be revoked, suspended, or not renewed by the City for improper testing, repairs, and/or reporting. SECTION 9: SEVERA'BILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof, the city Council"hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, · subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid· 1 2 5 ? $ lO II 12 13 l? 2O 27 Ordinance No. 1008 Page thirteen SECTION 10: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days from-the date of its passage. Before the expiration of fifteen (15) 'days after its.passage, this Ordinance shall be published in the Tustin News, a newspaper of general circulation, printed and published in the city of Tustin. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of June , 1988. RONALD B. "HOESTEREY MAYOR CITY CLER~ STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN ) MARY E' WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of 'the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1008 was duly and regularly introduced and-read at a regular meeting of the City Council held on the 6th day of June, 1988, and was given its second reading and duly passed ahd adopted" at a regular meeting held on the 20t____~h day of June, 1988, by the following vote' AYES : NOES · ABSENT' COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Kelly, Prescott COUNCILPERSONS' None COUNCILPERSONS' None SUMMARY PUBLISHED ~N TUSTIN NEWS: June 16, 1988 June 30, 1988 MARY E. WYN~ City Cld=,~k City of Tust~in, California EXHIBIT "4" PROPOSED STAFF AND HOURLY RATES FOR ELECTRICAL AND MECHANICAL SERVICES STAFFING HOURLY RATES Electrical Services: EleCtrical Services Manager Senior Electrician/Instrumentation Tech $5O 40 Lead Electrical/Instrumentation Tech 45 Electrical Instrumentation Tech 35 II. Mechanical Services: Mechanical Services Manager Lead Maintenance Mechanic $50 35 Senior Maintenance Mechanic 30 Maintenance Mechanic 25 III. Additional Terms: (a) (b) (c) (d) (e) (f) Work performed outside normal IRWD business hours will be billed on a time and one-half basis, consistent with IRWD's compensation schedule. Target emergency response time will be 60 minutes or less. Nonemergency target response time will be 4 hours or less, or as scheduled through consultation with the City. Hourly rates will include travel time from IRWD facilities. All materials will be charged at cost plus 10%. Heavy vehicle usage costs will be billed at IRWD's hourly rate for the class of vehicle. Contracted services will be billed at cost plus 10%.