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HomeMy WebLinkAboutC-9834-1 - PSA for Development of a Cross-Connection Control Management Plan (CCCMP) Services.i ?- CCl PROFESSIONAL SERVICES AGREEMENT WITH JOHN ROBINSON CONSULTING, INC. FOR U DEVELOPMENT OF A CROSS -CONNECTION CONTROL MANAGEMENT PLAN (CCCMP) SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 18th day of February, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JOHN ROBINSON CONSULTING, INC., a California corporation ("Consultant"), whose address is 1055 East Colorado Blvd, Suite 500, Pasadena, CA 91106, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide services in the development of a Cross -Connection Control Management Plan (CCCMP) ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2026, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirty Five Thousand Dollars and 00/100 ($35,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not John Robinson Consulting, Inc. Page 2 reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Robinson to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the John Robinson Consulting, Inc. Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil John Robinson Consulting, Inc. Page 4 service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. John Robinson Consulting, Inc. Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. John Robinson Consulting, Inc. Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. John Robinson Consulting, Inc. Page 7 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Utilities Manager Utilities Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: John Robinson John Robinson Consulting, Inc. 1055 East Colorado Blvd., Suite 500 Pasadenca, CA 91106 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. John Robinson Consulting, Inc. Page 8 Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. John Robinson Consulting, Inc. Page 9 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] John Robinson Consulting, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2 ! ► ► I z n By: Aar n C. Harp T�j City Attorney ATTEST: 3 ag �� Date: By: —auj Leilani I. Brown City Clerk F04 ORN� m n CITY OF NEWPORT BEACH, a California municipal corporation Date: ?-S - 2-S By: �V Mark Vukoj vic Utilities Director CONSULTANT: JOHN ROBINSON CONSULTING, INC., a California corporation ( Date: /I�-a'%i7��ZO Z 5- in Jo-h6 Robinson Cl 4f Executive Officer, Secretary Date: zl 7,7-1-zs By: a Je ifer owtson ief Fi ncial Officer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements John Robinson Consulting, Inc. Page 11 EXHIBIT SCOPE OF SERVICES John Robinson Consulting, Inc. Page A-1 SCOPE OF SERVICES Objective: Consultant shall provide the following services to the City, under the direction of the Utilities Department, which shall identify specific tasks, deliverables, and deadlines on an as -needed basis. Project Description Consultant will develop and finalize the Cross -Connection Control Management Plan (CCCMP) per the following tasks and services provided Task 1 — Meetings and Coordination Consultant will conduct a kick-off and two additional meetings with Newport Beach staff during the course of the development of the CCCMP. Consultant will prepare the agenda three (3) days prior to the meeting and provide meeting minutes with specific action items two (2) days after the meeting. Consultant will submit progress reports to Newport Beach staff by the 1 st of each month with the Consulant's invoice. The Progress Reports will provide updates on the project schedule, deliverables, and activities. Task 2 — Evaluate Existing Cross Connection Control Program Consultant will evaluate the City's current CCCMP, potable distribution system, City Standards and Specifications, and user's hazard classifications. Consultant will provide a review of their evaluation and provide feedback to City staff on areas that need improvement and recommendations of additional measures that may need to be put in place to achieve compliance with the CCCMP and/or improve program effectiveness. Task 3 - Hazard Assessment Consultant will review the City's current hazard assessment procedures and determine if the current process is acceptable and meets CCCMPH's initial hazard assessment requirements. The City currently has approximately 54,000 water meters and 9,200 backflow prevention assemblies installed on domestic and fire service lines of commercial, multi -family, institutional, and irrigation customers. Each category of user will require a separate hazard assessment approach. Consultant is currently developing a schedule of hazard assessment approaches for each of the user classes and discussing those approaches with the DDW, for twenty-three water agencies in Orange County, including the City. Assessing residential users may include, but not be limited to, determining if the resident has a pool, gray water system, onsite well, sewer injector pump system, or other feature that would require backflow prevention at the meter. Commercial/Industrial site assessments may focus on the unprotected commercial/industrial sites as Phase 1 of the assessments. Consultant will advise on developing a process and assist with performing initial hazard assessments, including for all of the user classifications. Consultant will assist with establishing procedures for conducting hazard reassessments of user premises. Assistance will be in the form of developing the approaches and drafts of assessment forms or flyers. It will not include performing site inspections. SCOPE OF SERVICES Task 4 — Draft Cross -Connection Control Plan Consultant will develop and provide a Draft CCCMP that includes, at a minimum, all procedures and documentation listed in Section 3.1.4 of the CCCPH. Consultant will also be responsible for assisting with the submission of the CCCMP to DDW and providing support for any subsequent actions following the DDW's review. Consultant will be responsible for ensuring the approval of the CCCMP from both City's City Council and the SWRCB. Consultant responsibility to ensure approval will be limited to addressing needed corrections or adjustments to the CCCMP to ensure final approval from the DDW and/or City's City Council. The Draft CCCMP will include draft language to comply with: • Section 3.1.3(a)(1) of the Handbook: Operating Rules and Ordinances • Section 3.1.3 (a)(2) of the Handbook: Cross- Connection Control Program Coordinator • Section 3.1.3 (a)(3) of the Handbook: Hazard Assessments • Section 3.1.3 (a)(4) of the Handbook: Backflow Prevention • Section 3.1.3 (a)(5) of the Handbook: Certified Backflow Prevention Assembly Testers and Certified Cross -Connection Control Specialists • Section 3.1.3 (a)(6) of the Handbook: Backflow Prevention Assembly Testing • Section 3.1.3 (a)(7) of the Handbook: Recordkeeping • Section 3.1.3(a)(8) of the Handbook: Backflow Incident Response, Reporting and Notification • Section 3.1.3 (a) (9) of the Handbook: Public Outreach and Education • Section 3.1.3 (a) (10) of the Handbook: Local Entity Coordination The CCCMP will ensure compliance with relevant state regulations and guidelines focusing on the CCCPH adopted by DDW as the primary State regulation and guideline. The CCCMP will identify specific requirements applicable to the City's water system and distribution network. In addition, the CCCMP will outline preventive measures, engineering controls, and appropriate backflow prevention devices for each identified hazard. Task 5 — Revisions to and finalization of CCCMP Consultant will incorporate comments on the Draft CCCMP from Newport Beach staff JR Consulting will revise the Draft CCCMP and submit it electronically via Word and PDF as a Final CCCMP Deliverables for Tasks 3 and 4: Draft CCCMP, electronically, of the ten (10) Template CCCMP sections for City review. Final Draft CCCMP, electronically for City review and final approval. Final CCCMP incorporating City comments for DDW submittal Time Schedule JR Consulting proposed the following schedule for the deliverables and if Newport Beach has a Draft CCCMP deadline that requires the procedure to be completed sooner then we can discuss and modify the schedule. Complete the kickoff meeting within 2 weeks form the receipt of the Notice to Proceed. SCOPE OF SERVICES 2. Complete Task 2 within 30 days of the kickoff meeting but is depending on the obtaining information from Newport Beach. 3. Complete Task 3 Hazard Assessment review and complete the Draft CCCMP for Task 4 within 45-60 days from receipt of the information from Task 2. 4. Task 5 schedule will be developed in coordination with Newport Beach staff. APPENDIX A DDW's ADOPTED CROSS -CONNECTION CONTROL POLICY HANDBOOK State Water Resources Control Board Cross -Connection Control Policy Handbook Standards and Principles for California's Public Water Systems Adopted: December 19, 2023 Effective: July 1, 2024 California Environmental Protection Agency Table of Contents Acronyms and Abbreviations...................................................................................................... 1 Chapter1 — Policy Overview...................................................................................................... 2 1.1 Objective.......................................................................................................................... 2 1.2 Applicability...................................................................................................................... 2 1.3 Policy Development Background and Legal Authorities.................................................... 2 1.3.1 California Safe Drinking Water Act............................................................................. 2 Chapter 2 — Background on Backflow Protection and Cross -Connection Control ....................... 6 2.1 What is a Cross-Connection?........................................................................................... 6 2.2 Purpose of a Cross -Connection Control Program............................................................. 7 2.3 Notes on Applicability of the Cross -Connection Control Policy Handbook ........................ 7 Chapter 3 — Standards for Backflow Protection and Cross -Connection Control .........................10 Article 1 — Definitions and General Requirements.................................................................10 3.1.1 Definitions.................................................................................................................10 3.1.2 Applicability...............................................................................................................14 3.1.3 Program for Public Water System Cross -Connection Control....................................14 3.1.4 Plan for Public Water System Cross -Connection Control..........................................16 Article 2 — Hazard Assessments and Required Protection.....................................................19 3.2.1 Hazard Assessments................................................................................................19 3.2.2 Backflow Protection Required...................................................................................20 Article 3 — Backflow Prevention Assemblies..........................................................................23 3.3.1 Standards for Types of Backflow Protection..............................................................23 3.3.2 Installation Criteria for Backflow Protection...............................................................23 3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection ..........................................................................................................................................24 Article 4 — Backflow Prevention Assembly Testers and Cross -Connection Control Specialists ..............................................................................................................................................26 3.4.1 Backflow Prevention Assembly Tester Certification...................................................26 3.4.2 Cross -Connection Control Specialist Certification.....................................................30 Article 5 — Recordkeeping, Backflow Incident Response, and Notification .............................33 3.5.1 Recordkeeping..........................................................................................................33 3.5.2 Backflow Incident Response Procedure....................................................................33 3.5.3 Backflow Incident Notification....................................................................................34 Appendix...................................................................................................................................36 Appendix Appendix A: Assembly Bills 1671 (2017, Chapter 533) and 1180 (2019, Chapter 455) Appendix B: ASME Al 12.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 Appendix C: Backflow Prevention Assembly Diagrams Appendix D: High Hazard Premises Appendix E: General Range of Knowledge for Cross -Connection Control Specialists Appendix F: Example Backflow Incident Reporting Form Appendix G: Related Statutes and Regulations Acronyms and Abbreviations As used in this policy, acronyms and abbreviations reference the following: Acronym or Abbreviation - Meaning AB Assembly Bill AG_ BAT _ Air Gap separation - -----.......--- --- ------....... -... -... -.................... _Best Available Technolog_ - BPA Backflow Prevention Assembles -_ Bus_. & Prof. Code Business and Code__ _ CA _Professional California - _ CBSC Building Standards Commission _ CCCPH— _California _Cross -Connection Control Policy Handbook CCR _- California Code of Regulations _--_ C.F.R. Code of Federal Regulations CHSC --------- -- California Health and Safety Code --- ---------------------- - Civ. Code Code DC _Civil Check valve backflow prevention assembly _ DCDA —_ -_Double _Double Check Detector backflow prevention Assembly - DCDA-II - -- Double Check Detector backflow prevention Assembly - -tM� II - Division Division of Drinking Water EPA --_Environmental Protection Agency - Gov. Code Government Code — MCL -_ — Maximum Contaminant Level Pen. Code Code- PVB — W -_ _-_ _Penal Pressure Vacuum Breaker backsiphonage prevention ___assembly PWS Public Water System RP Reduced Pressure principle backflow prevention assembly RPDA Reduced Pressure principle Detector backflow + -prevention Assembly RPDA-II Reduced Pressure principle Detector backflow _prevention Assembly - tyke II - — RW _Recycled Water SB Senate Bill SDWA _Safe Drinking Water Act _ - State Water Board Water Resources Control Board SVB _State Spill -resistant Pressure Vacuum Breaker backsiphonage _prevention assembly _ U.S. United States Chapter 1 - Policy Overview 1.1 Objective The primary objective of the Cross -Connection Control Policy Handbook (CCCPH) is the protection of public health through the establishment of standards intended to ensure a public water system's (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances. In addition, by providing basic educational information on backflow prevention, the State Water Resources Control Board (State Water Board) intends to build a foundation of awareness within the regulated community regarding the importance of backflow protection and cross - connection control, leading to the implementation of a robust cross -connection control program for PWSs. 1.2 Applicability The CCCPH and its standards apply to all California PWSs, as defined in California's Health and Safety Code (CHSC, section 116275 (h)). Compliance with this CCCPH is mandatory for all California PWSs. 1.3 Policy Development Background and Legal Authorities Through the adoption of the CCCPH, the State Water Board is exercising its authority, under California's Safe Drinking Water Act' (SDWA), to establish enforceable standards applicable to California's PWSs. Failure to comply with the CCCPH may result in the issuance of compliance, enforcement, or other corrective actions against a PWS. 1.3.1 California Safe Drinking Water Act On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State (see Appendix A). AB 1671 amended California's SDWA through the establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC, which is briefly discussed in Appendix G. On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary of State. AB 1180 amended Section 116407 of the CHSC and added section 13521.2 to the Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or changeover device (swivel -ell). CHSC, div. 104, pt. 12, ch. 4, section 116270 et seq. AB 1671 and 1180 established the following: The State Water Board must adopt standards for backflow protection and cross - connection control by January 1, 2020. The State Water Board may establish standards for backflow protection and cross -connection control through the adoption of the CCCPH, with the CCCPH not being subject to the requirements of the CA Administrative Procedure Act.2 If standards for backflow protection and cross -connection control are established via the CCCPH, the State Water Board must: o Consult with state and local agencies and persons, identified by the State Water Board, as having expertise on the subject of backflow protection and cross -connection control. o Hold at least two public hearings before adoption of the CCCPH. o Post the CCCPH on the State Water Board website. Upon the effective date of the CCCPH, the previous cross -connection control standards3 become inoperative, and are repealed 90 days later, unless the State Water Board determines not to repeal a specific existing regulation. A PWS must implement a cross -connection control program that complies with the standards adopted by the State Water Board. Use of a swivel -ell must be consistent with any notification and backflow protection provisions contained in the CCCPH. The development of the CCCPH included consultation with stakeholders, including state and local agencies, on an array of subjects related to cross -connection control, consistent with the statutory mandate, as well as consideration of input from other stakeholders and the general public in a February 20, 2020 workshop. Prior to adoption of the CCCPH, in accordance with the statutory mandate, the State Water Board held two public hearings - one on April 27, 2021, and the other on December 5, 2022. A Board Workshop was held on October 18, 2023. Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt standards for backflow protection and cross -connection control through the adoption of this CCCPH, which became effective July 1, 2024. Aside from the mandates of AB 1671 related to the State Water Board's need and authority to develop and adopt an enforceable CCCPH, there are long-standing statutory mandates in California's SDWA concerning backflow protection and cross - connection control, some of which are summarized below. 2 Gov. Code, tit. 2, div. 3, pt. 1, ch. 3.5, section 11340 et seq. 3 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 3 The State Water Board is required to adopt regulations for the control of cross - connections that it determines to be necessary for ensuring PWSs "distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water." (CHSC section 116375, subd. (c).) Any person who owns a PWS is required to ensure that the distribution system will not be subject to backflow under normal operating conditions. (CHSC section 116555, subd. (a)(2).) Prior to AB 1671 and the adoption of this CCCPH, California's regulations pertaining to cross -connection control were set forth in regulations in CCR Title 17,4 which were adopted in 1987 with minor revisions in 2000. Although still protective to public health, the CCR Title 17 cross -connection regulations required updating as both the drinking water and cross -connection control industries had evolved. This CCCPH updates those regulations, which as previously noted are no longer operative following the adoption of the CCCPH. The State Water Board may update its standards for backflow protection and cross - connection control through revisions of the CCCPH. Prior to adopting substantive revisions to the CCCPH, the State Water Board will consult with state and local agencies and persons identified as having expertise on the subject by the State Water Board, and the State Water Board will hold at least one public hearing to consider public comments. 4 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. n This page intentionally left blank Chapter 2 — Background on Backflow Protection and Cross -Connection Control 2.1 What is a Cross -Connection? A cross -connection is an interconnection between a potable water supply and a non - potable source via any actual or potential connection or structural arrangement between a PWS and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Bypass arrangements, jumper connections, removable sections, improperly installed swivel or change -over devices and other temporary or permanent devices through which, or because of which backflow can occur are considered to be cross-connections.5 The CCCPH includes acceptable installation criteria for swivel -ell and other types of backflow prevention assemblies (BPAs) to prevent backflow. Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a PWS's distribution system or approved water supply. The presence of a cross -connection represents a location in a distribution system through which backflow of contaminants or pollutants can occur. Backflow occurs when a non -potable source is at a greater pressure than the potable water distribution system. Backflow can occur from either backsiphonage or backpressure. Backsiphonage occurs when a non -potable source enters the drinking water supply due to negative (i.e., sub -atmospheric) distribution system pressure. Backpressure occurs when the pressure from a non -potable source exceeds the pressure in the potable water distribution system. Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water demand. Backpressure may occur when heating, cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the customer, so that non -potable substances from industrial, commercial, or residential premises flows back into the distribution system through a cross -connection. Cross -connections are not limited to industrial or commercial facilities. Submerged inlets are found on many common plumbing fixtures and are sometimes necessary features of the fixtures if they are to function properly. Examples of this type of design are siphon -jet urinals or water closets, flushing rim slop sinks, and dental cuspidors. 5 California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross connection Control Program (Green Manual). California Department of Health Services. L Older bathtubs and lavatories may have supply inlets below the flood level rims, but modern sanitary design has minimized or eliminated this cross -connection in new fixtures. Chemical and industrial process vats sometimes have submerged inlets where the water pressure is used as an aid in diffusion, dispersion and agitation of the vat contents. Even though a supply pipe may be installed above a vat, backsiphonage can still occur. Siphon action has been shown to raise a liquid in a pipe such as water almost 34 feet. Some submerged inlets are difficult to control, including those which are not apparent until a significant change in water level occurs or where a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary piping. A submerged inlet may be created in numerous ways, and its detection may be difficult. Chemical and biological contaminants have caused illness and deaths during known incidents of backflow, with contamination affecting several service connections, and the number of incidents reported is believed to be a small percentage of the total number of backflow incidents that actually occur. The public health risk from cross -connections and backflow is a function of a variety of factors including cross -connection and backflow occurrence and type and amount of contaminants. 2.2 Purpose of a Cross -Connection Control Program The purpose of a cross -connection control program is to prevent the occurrence of backflow into a PWS's distribution system in order to protect customers from contamination or pollution from any on -site hazards. Properly installed and maintained BPAs, devices or methods provide protection against the threat posed by many conditions typically found on a user's premise. The use of approved BPAs ensures that the appropriate performance evaluation of the assembly was conducted. It is important and required by the CCCPH to select and properly install an approved BPA that is capable of protecting the distribution system from the hazard identified. The success of a program depends on individuals that are knowledgeable about cross -connection control to identify actual and potential hazards, apply principles of backflow protection and prevention, and implement cross -connection control policies and procedures. A successful program will have ongoing surveillance of a PWS to ensure BPAs, devices or methods are working, and identify new hazards or changes in the distribution system. Certified specialists are needed to properly evaluate the degree of hazard that exists in the distribution system. Hazards typically identified in distribution systems along with the required level of protection are specified in Chapter 3 of the CCCPH. 2.3 Notes on Applicability of the Cross -Connection Control Policy Handbook The CCCPH provides the basis for regulating the use and management of cross - connection control programs and BPAs in PWSs, and related requirements for supporting programs and policies. Activities or uses outside of the scope of the 7 authority of the State Water Board to regulate PWSs are not regulated by the CCCPH, including California Plumbing Code requirements and definitions not related to PWSs. Recycled water cross -connection control installations and programs for the purposes of protecting the recycled water supply are not regulated by the CCCPH, although a PWS that uses recycled water is regulated by the CCCPH to ensure that a PWS's drinking water system has adequate backflow protection from a recycled water system. Water systems that do not meet the definition of a PWS (e.g. "State Small Water Systems" under CCR Title 22, Article 3) are not regulated by the CCCPH, although they may need to comply with the California Plumbing Code, local health agencies, and other laws or entities. Transient noncommunity and nontransient noncommunity systems are PWSs and must comply with both the California Plumbing Code and CCCPH. The California Plumbing Code and the CCCPH will overlap in protection of these user premises. To ensure compliance, these noncommunity water systems may need to have internal cross - connection control programs within the user premises. Noncommunity water systems must have the ability to enforce backflow protection within the premises. Compliance with the California Plumbing Code can be verified by the PWS and used for compliance with the CCCPH. Compliance with the CCCPH is documented through the hazard assessment and maintenance of an inventory of field - testable BPAs and methods. Annual field testing of BPAs is required. Where the minimum backflow protection differs between the California Plumbing Code and the CCCPH, the more protective minimum protection will be required. �:3 This page intentionally left blank Chapter 3 — Standards for Backflow Protection and Cross -Connection Control Article 1 — Definitions and General Requirements 3.1.1 Definitions The following definitions apply to the terms used in the CCCPH: "Air -gap separation" or "AG" means a physical vertical separation of at least two (2) times the effective pipe diameter between the free -flowing discharge end of a potable water supply pipeline and the flood level of an open or non -pressurized receiving vessel, and in no case less than one (1) inch. "Approved water supply" means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the CHSC. "Auxiliary water supply" means a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user. "Backflow" means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system's distribution system or approved water supply. "Backflow prevention assembly" or "BPA" means a mechanical assembly designed and constructed to prevent backflow, such that while in -line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated. "Backflow prevention assembly tester" means a person who is certified as a backflow prevention assembly tester. "Community water system" means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. "Contact hour" means not less than 50 minutes of a continuing education course. "Continuing education course" means a presentation or training that transmits information related to cross -connection control programs and backflow prevention and protection. 10 "Cross -connection" means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. "Cross -connection control specialist" means a person who is certified as a cross - connection control specialist. "Distribution system" has the same meaning as defined in section 63750.50 of CCR, Title 22, Division 4, Chapter 2. "Double check detector backflow prevention assembly" or "DCDA" means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass's water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross -connections. See Diagram 1, Appendix C. "Double check detector backflow prevention assembly — type II" or "DCDA-ll" means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross -connections. See Diagram 2, Appendix C. "Double check valve backflow prevention assembly" or "DC" means an assembly consisting of two independently -acting internally -loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross - connections. See Diagram 3, Appendix C. "Existing public water system" or "existing PWS" means a public water system initially permitted on or before July 1, 2024 as a public water system by the State Water Board. "Hazard Assessment" means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user's premises. "High hazard cross -connection" means a cross -connection that poses a threat to the potability or safety of the public water supply. Materials entering the public water supply through a high hazard cross -connection are contaminants or health hazards. See Appendix D for some examples. 11 "Low hazard cross -connection" means a cross -connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross -connection are pollutants or non -health hazards. "New public water system" or "new PWS" means a public water system permitted after July 1, 2024 as a public water system by the State Water Board. A new public water system includes a public water system receiving a new permit because of a change in ownership. "Noncommunity water system" means a public water system that is not a community water system. "Nontransient noncommunity water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year. "Premises containment" means protection of a public water system's distribution system from backflow from a user's premises through the installation of one or more air gaps or BPAs, installed as close as practical to the user's service connection, in a manner that isolates the water user's water supply from the public water system's distribution system. "Pressure vacuum breaker backsiphonage prevention assembly" or "PVB" means an assembly with an independently -acting internally -loaded check valve and an independently -acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 4, Appendix C. "Public water system" or "PWS" has the same meaning as defined in section 116275(h) of the CHSC. "Recycled Water" is a wastewater which as a result of treatment is suitable for uses other than potable use. "Reduced pressure principle backflow prevention assembly" or "RP" means an assembly with two independently acting internally -loaded check valves, with a hydraulically operating mechanically independent differential -pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check -valves, and test cocks to enable accurate field testing of the assembly. See Diagram 5, Appendix C. 12 "Reduced pressure principle detector backflow prevention assembly" or "RPDA" means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass's water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 6, Appendix C. "Reduced pressure principle detector backflow prevention assembly — type II" or "RPDA-II" means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 7, Appendix C. "Spill -resistant pressure vacuum breaker backsiphonage prevention assembly" or "SVB" means an assembly with an independently -acting internally -loaded check valve and an independently -acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 8, Appendix C. "State Water Board", unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of the CCCPH by the State Water Resources Control Board. "Swivel -Ell" means a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel -ell connection) designed and constructed pursuant to this Chapter. See design and construction criteria, as well as Diagrams 9a and 9b, Appendix C. "Transient noncommunity water system" means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year. "User premises" means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system. "User's service connection" means either the point where a water user's piping is connected to a water system or the point in a water system where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly. "User Supervisor" means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross -connections. 13 "Water supplier" means a person who owns or operates a public water system. "Water user" means a person or entity who is authorized by the PWS to receive water. 3.1.2 Applicability A public water system (PWS) must comply with the requirements of the CCCPH. 3.1.3 Program for Public Water System Cross -Connection Control (a) A PWS must protect the public water supply through implementation and enforcement of a cross -connection control program. Unless otherwise specified by this Chapter or directed by the State Water Board, a PWS may implement its cross - connection control program, in whole or in part, either directly or by way of contract or agreement with another party. The PWS, however, shall not be responsible for abatement of cross -connections which may exist within a user's premises. The cross - connection control program must include at a minimum the following elements: (1) Operating rules or ordinances — Each PWS must have operating rules, ordinances, by-laws or a resolution to implement the cross -connection program. The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS's provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Chapter. Such corrective actions must include the PWS's ability to perform at least one of the following: (A) deny or discontinue water service to a water user, (B) install, inspect, field test, and/or maintain a BPA at a water user's premises, or (C) otherwise address in a timely manner a failure to comply with the cross -connection control program. (2) Cross -Connection Control Program Coordinator — The PWS must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross -connection control program. For PWS with more than 3,000 service connections the Cross -Connection Control Program Coordinator must be a cross -connection control specialist. (3) Hazard Assessments — The PWS must survey its service area and conduct hazard assessments per Article 2 of this Chapter that identifies actual or potential cross -connection hazards, degree of hazard, and any backflow protection needed. (4) Backflow Prevention — The PWS must ensure that actual and potential cross -connections are eliminated when possible or controlled by the installation of approved BPAs or A('s consistent with the requirements of the Article 3 of this Chapter. 14 (5) Certified Backflow Prevention Assembly Testers and Certified Cross - Connection Control Specialists — The PWS must ensure all BPA testers and cross -connection control specialists used are certified per Article 4 of this Chapter. (6) Backflow Prevention Assembly Testing — The PWS must develop and implement a procedure for ensuring all BPAs are field tested, inspected, and maintained and AG's are inspected and maintained in accordance with CCCPH section 3.3.3. (7) Recordkeeping — The PWS must develop and implement a recordkeeping system in accordance with CCCPH section 3.5.1. (8) Backflow Incident Response, Reporting and Notification — The PWS must develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of this chapter. (9) Public Outreach and Education — The PWS must implement a cross - connection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross -connection control. The PWS may implement this requirement through a variety of methods which may include providing information on cross -connection control and backflow protection in periodic water bill inserts, pamphlet distribution, new customer documentation, email, and consumer confidence reports. (10) Local Entity Coordination — The PWS must coordinate with applicable local entities that are involved in either cross -connection control or public health protection to ensure hazard assessments can be performed, appropriate backflow protection is provided, and provide assistance in the investigation of backflow incidents. Local entities may include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities. (b) The cross -connection control program must be developed in consultation with a cross -connection control specialist if: (1) The PWS has 1,000 or more service connections, or (2) required by the State Water Board. (c) A PWS must have at least one cross -connection control specialist as a permanent or contracted employee of the PWS, and that specialist, or their designee, must be able to be contacted within one hour, if: (1) The PWS has 3,000 or more service connections, or (2) the PWS has less than 3,000 service connections and is directed by the State Water Board based on hazard assessments conducted pursuant to CCCPH section 3.2.1. or the PWS's history of backflow incidents. 15 3.1.4 Plan for Public Water System Cross -Connection Control (a) After adoption of the CCCPH, each PWS must submit a written Cross -Connection Control Plan for State Water Board review in accordance with the following schedule: (1) An Existing PWS must submit the Cross -Connection Control Plan no later than 12 months after the effective date of the CCCPH. (2) A new PWS must submit the Cross -Connection Control Plan for review and approval prior to issuance of a domestic water supply permit. (3) A PWS may submit a written request to the State Water Board for an extension of the deadline for submittal of its initial Cross -Connection Control Plan. The PWS's application must include a written description of the need for an extension. Approval of an extension will be at the sole discretion of the State Water Board. (b) The Cross -Connection Control Plan for a community water system must include, at a minimum, the following cross -connection control program procedures and documentation: (1) a description of how the community water system will achieve and maintain compliance with each requirement in this Chapter; (2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS's cross -connection control program; (4) a description of the process and timeframes for ensuring each BPA is inspected and field tested, and AG is inspected, at a frequency no less than required by this Chapter; (5) a description of the process and timeframe for ensuring each non -testable backflow preventer that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code; (6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual's: (A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports; (7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2; (8) contact information for cross -connection control personnel including any cross -connection control program coordinator and specialist; (9) a description of the tracking system that maintains current and relevant information, including: 16 (A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA, and (C) highest threat potential hazard from which a given BPA is protecting the public water system distribution system; (10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2 (f); (11) the corrective actions, including timeframes for the corrective actions, that a community water system will implement when: (A) a cross -connection exists and the BPA installed is not commensurate with the user premises' hazard or no BPA has been installed, or (B) a BPA needs to be replaced or maintained; (12) a description of the public outreach and education program to comply with CCCPH section 3.1.3(a)(9); and (13) the procedures for coordination with local entities (c) The Cross -Connection Control Plan for a noncommunity water system must include, at a minimum, the following cross -connection control program procedures and documentation: (1) a description of how the noncommunity water system will achieve and maintain compliance with each requirement in this Chapter that is applicable to the noncommunity water system; (2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS's cross -connection control program; (4) a description of the process and timeframes for ensuring each BPA is inspected and field tested and AG is inspected, at a frequency no less than required by this Chapter; (5) a description of the process and timeframe for ensuring each non -testable backflow preventer for internal protection that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code; (6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual's: (A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports; 17 (7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2; (8) contact information for cross -connection control personnel including the cross -connection control program coordinator; (9) maintaining a tracking system with current and relevant information, including: (A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA, (C) location and type of each non -testable backflow preventer used for internal protection in accordance with the California Plumbing Code, if applicable, and (D) potential hazard from which a BPA is protecting the public water system distribution system; (10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2(f); (11) the corrective actions, including timeframes for the corrective actions, that a noncommunity water system will implement when: (A) a cross -connection exists and the BPA installed is not commensurate with the user premises' hazard or no BPA has been installed, or (B) a BPA or non -testable backflow preventer needs to be replaced or maintained; (12) a description of the public outreach and education program to comply with CCCPH section 3.1.3(a)(9); and, (13) the procedures for coordination with local entities (e.g., local health departments with internal cross -connection control programs, building officials, plumbing officials, etc.). (d) A PWS must ensure its Cross -Connection Control Plan is, at all times, representative of the current operation of its Cross -Connection Control program. The PWS must make its Cross -Connection Control Plan available to the State Water Board for review upon request. If a PWS makes a substantive revision to its Cross - Connection Control Plan, the PWS must submit the revised Cross -Connection Control Plan to the State Water Board for review. 18 Article 2 — Hazard Assessments and Required Protection 3.2.1 Hazard Assessments (a) To evaluate the potential for backflow into the PWS, each community water system must conduct an initial hazard assessment of the user premises within its service area and each noncommunity water system must conduct an initial hazard assessment of its water distribution system. The hazard assessment must consider: (1) The existence of cross -connections; (2) the type and use of materials handled and present, or likely to be, on the user premises; (3) the degree of piping system complexity and accessibility; (4) access to auxiliary water supplies, pumping systems, or pressure systems; (5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water - demand situations, multiple service connections that may result in flow -through conditions, etc.); (6) user premises accessibility; (7) any previous backflow incidents on the user premises; and (8) the requirements and information provided in the CCCPH. (b) Each hazard assessment must identify the degree of hazard to the PWS's distribution system as either a high hazard cross -connection, a low hazard cross - connection, or having no hazard. Examples of some high hazard cross -connection activities may be found in Appendix D. (c) The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard. (d) Hazard assessments completed prior to the adoption of the CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the CCCPH and the PWS describes their review of these assessments in the Cross -Connection Control Plan required in CCCPH section 3.1.4. (e) Subsequent to the initial hazard assessment described in subsection (a), a community water system must perform a hazard assessment under the following criteria: (1) if a user premises changes account holder, excluding single-family residences; (2) if a user premises is newly or re -connected to the PWS; (3) if evidence exists of changes in the activities or materials on a user's premises; (4) if backflow from a user's premises occurs; (5) periodically, as identified in the PWS's Cross -Connection Control Plan required pursuant to CCCPH section 3.1.4.; 19 (6) if the State Water Board requests a hazard assessment of a user's premises; and (7) if the PWS concludes an existing hazard assessment may no longer accurately represent the degree of hazard. (f) Noncommunity water systems must conduct an initial or follow-up hazard assessment within two years of the adoption of the CCCPH. (g) Noncommunity water system must conduct a follow-up hazard assessment of its water distribution system if any changes are made that could result in a cross - connection or any backflow incidents occur. (h) A cross -connection control specialist must review or conduct each initial and follow- up hazard assessment pursuant to this section and make a written finding that, in the specialist's judgment based on cross -connection control principles, the PWS's hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazards, and the corresponding backflow protection. 3.2.2 Backflow Protection Required (a) A PWS must ensure its distribution system is protected from backflow from identified hazards through the proper installation, continued operation, and field testing of an approved BPA (see Article 3 for installation and approved BPA criteria). When a DC is required or referenced in the CCCPH, a DCDA or DCDA-II type of assembly may be substituted if appropriate. When an RP is required or referenced in the CCCPH, an RPDA or RPDA-II type of assembly may be substituted if appropriate. (b) The BPA installed must be no less protective than that which is commensurate with the degree of hazard at a user premises, as specified in this Chapter and as determined based on the results of the hazard assessment conducted pursuant to CCCPH section 3.2.1. (c) Unless specified otherwise in this Chapter, a PWS must, at all times, protect its distribution system from high hazard cross -connections (see Appendix D for examples), through premises containment, through the use of AG(s) or RP(s). (1) Following State Water Board review and approval, a PWS may implement an alternate method of premises containment in lieu of a required AG provided that the proposed alternative would not increase the level of risk to protection of public health. (2) Following State Water Board review and approval, a PWS may accept internal protection in lieu of containment when premises containment is not feasible. 20 (d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter 3, a swivel -ell may be used instead of an AG for premises containment protection when temporarily substituting tertiary recycled water use areas with potable water from a PWS if all the following criteria are met: (1) the swivel -ell is approved by the State Water Board; (2) the PWS has a cross -connection control program, required pursuant to CCCPH section 3.1.3, and the use and operation of the swivel -ell is described in the Cross -Connection Control Plan required pursuant to CCCPH section 3.1.4; (3) the design and construction -related requirements of the swivel -ell adheres to the criteria in Appendix C; (4) at least every 12 months, inspections are performed and documented to confirm ongoing compliance with the design and construction -related requirements in Appendix C; (5) the RP used in conjunction with the swivel -ell is field tested and found to be functioning properly: (A) immediately upon each switchover to potable water use, a visual inspection of the RP must be completed (B) within 72 hours of each switchover to potable water use, a field test must be completed, and (C) at least every 12 weeks the use site is supplied with potable water; and (6) there is a legally binding agreement between the PWS and the entity supplying the recycled water, signed by those with relevant legal authority, that includes the following requirements: (A) The State Water Board will be notified within 24 hours of all switchovers to or from potable water, will be given an estimate of the timeframe until the next switchover, and will be provided the results of the field testing required in paragraph (5); (B) a trained representative of the PWS be present to supervise each switchover; and (C) within seven days of each switchover, if requested by the State Water Board, the PWS will submit a written report describing compliance with this subsection, as well as potable and recycled water usage information. (e) Except as noted below, a PWS must ensure its distribution system is protected with no less than DC protection for a user premises with a fire protection system within ten years of adoption of the CCCPH. (1) A high hazard cross -connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., wetting agents, foam, anti -freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have no less than RP protection. 21 (2) For existing fire protection systems that do not meet Section 3.2.2 (e)(3) or cannot install DC protection within ten years of adoption of the CCCPH, a PWS may propose in the cross -connection control plan submitted for CCCPH Section 3.1.4: (A) an alternative date; or (B) an alternative method of backflow protection that provides at least the same level of protection to public health. (3) A BPA is not necessary for a low hazard fire protection system on a residential user premises if the following criteria are satisfied: (A) the user premises has only one service connection to the PWS; (B) a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the user premises; (C) a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; (D) the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and (E) the fire protection system's piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water. (f) The State Water Board and PWS may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi -piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required: (1) The user supervisor is responsible for the avoidance of cross -connections during the installation, operation and maintenance of the water user's pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the PWS of changes in piping, and maintain current contact information on file with the PWS; and (2) The PWS must include in the Cross -Connection Control Plan required in CCCPH section 3.1.4 the training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found. (g) Facilities producing, treating, storing, or distributing drinking water that are an approved water supply or water recycling plants as defined by CCR Title 22, Section 60301.710 must have proper internal protection from cross -connections to ensure that all drinking water produced and delivered to customers and workers at those facilities is free from unprotected cross -connections. 22 Article 3 — Backflow Prevention Assemblies 3.3.1 Standards for Types of Backflow Protection (a) The PWS must ensure that each AG used for its Cross -Connection Control Program meets the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012(R2017) (See Appendix B). (b) The PWS must ensure that each replaced or newly installed PVB, SVB, DC, and RP for protection of the PWS is approved through both laboratory and field evaluation tests performed in accordance with at least one of the following: (1) Standards found in Chapter 10 of the Manual of Cross -Connection Control, Tenth Edition, published by the University of Southern California Foundation for Cross -Connection Control and Hydraulic Research; or (2) certification requirements for BPAs in the Standards of ASSE International current as of 2022 that include ASSE 1015-2021 for the DC, ASSE 1048-2021 for the DCDA & DCDA-II, ASSE 1013-2021 for the RP, and ASSE 1047-2021 for the RPDA & RPDA-II and must have the 1 YT mark. (c) BPAs must not be modified following approval granted under section 3.3.1 (b). PWS must require BPA testers to notify the PWS if a water user or PWS-owned BPA has been modified from the CCCPH section 3.3.1 (b) approval. 3.3.2 Installation Criteria for Backflow Protection (a) For AGs, the following is required: (1) The receiving water container must be located on the water user's premises at the water user's service connection unless an alternate location has been approved by the PWS; (2) all piping between the water user's service connection and the discharge location of the receiving water container must be above finished grade and be accessible for visual inspection unless an alternative piping configuration is approved by the PWS; (3) the PWS must ensure that the AG specified in CCCPH section 3.3.1 (a) has been installed; and (4) any new air gap installation at a user's service connection must be reviewed and approved by the State Water Board prior to installation. (b) RPs must be installed such that the lowest point of an assembly is a minimum of twelve inches above grade, and a maximum of thirty-six inches above the finished grade, unless an alternative is approved by the PWS. (c) DCs installed or replaced after the adoption of the CCCPH must be installed according to CCCPH section 3.3.2 (b). Below ground installation can be considered if approved by the PWS where it determines no alternative options are available. 23 (d) A PVB or SVB must be installed a minimum of twelve inches above all downstream piping and outlets. (e) SVBs may not be used for premises containment. PVBs may only be used for roadway right of way irrigation systems as premises containment where there is no potential for backpressure. (f) A RP or DC installed after the adoption of the CCCPH must have a minimum side clearance of twelve inches, except that a minimum side clearance of twenty-four inches must be provided on the side of the assembly that contains the test cocks. The PWS may approve alternate clearances providing that there is adequate clearance for field testing and maintenance. (g) Backflow protection must be located as close as practical to the water user's service connection unless one or more alternative locations have been approved by the PWS. If internal protection is provided in lieu of premises containment, the PWS must obtain access to the user premises and must ensure that the on -site protection meets the requirements of this Chapter for installation, field testing, and inspections. (h) Each BPA and air gap separation must be accessible for field testing, inspection, and maintenance. 3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection (a) PWS must ensure that all BPAs installed for its Cross -Connection Control Program are field tested following installation, repair, depressurization for winterizing, or permanent relocation. All required field testing must be performed by certified backflow prevention assembly testers. (b) BPAs must be field tested at least annually. The CCCPH does not preclude a PWS, the State Water Board, or a local health agency from requiring more frequent field testing for premises with high hazard cross -connection or BPA at increased risk of testing failure. (c) Air -gap separations must be visually inspected at least annually to determine compliance with this Chapter by persons certified as backflow prevention assembly testers or certified as a cross -connection control specialist pursuant to this Chapter. (d) PWS must receive passing field tests before providing continuous service to a water user with a newly installed BPA. (e) PWS must ensure that BPAs that fail the field test are repaired or replaced within 30 days of notification of the failure. Extensions may be allowed by the PWS if included as part of the Cross -Connection Control Plan. 24 (f) PWS must require backflow prevention assembly testers to notify the PWS as soon as possible within 24 hours if a backflow incident or an unprotected cross -connection is observed at the BPA or prior to the user premises during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS. 25 Article 4 — Backflow Prevention Assembly Testers and Cross - Connection Control Specialists 3.4.1 Backflow Prevention Assembly Tester Certification (a) A PWS must ensure that each BPA required by this Chapter to protect the public water system is field tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to this Article. (b) A State Water Board -recognized organization certifying backflow prevention assembly testers is one that has a certification process that, at a minimum, includes the following: (1) A timed and proctored written6 exam, using a closed -book, objective grading format, consisting of no less than 100 questions for initial certification and no less than 50 questions for recertification. A passing score must be achieved by an examinee as a requirement for certification. (A) Written exam proctors must: 1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; and 2. be impartial. (B) Passing scores for the written exams are to be determined prior to exam sessions, such that passing a written exam demonstrates sufficient knowledge of subjects associated with the proper field testing of BPAs, including but not limited to: 1. the hydraulics and theory of backflow; 2. California's laws, regulations, and requirements related to cross - connection control; 3. types of BPA field test equipment and the need to verify accuracy, at least annually and when otherwise necessary, to ensure accuracy of field test results; 4. field test procedures for an RP, RPDA, RPDA-II, DC, DCDA, DCDA-II, PVB, and SVB using the procedures provided in the Manual of Cross -Connection Control, Tenth Edition, published by the University of Southern California Foundation for Cross - Connection Control and Hydraulic Research or equivalent; 5. identification of improperly functioning BPAs (i.e., diagnostics or troubleshooting); and 6. recordkeeping and safety. 6 The requirement for a written exam does not preclude using computerized exams. 99 (2) A performance (i.e., hands-on) exam, using a closed -book, objective grading process and the field test procedures in paragraph (1)(B)(4), designed such that passing the performance exam demonstrates proficiency in accurately determining the operating condition of an RP, DC, PVB, and SVB, when properly or improperly functioning, including but not limited to BPAs with leaks in shutoff valves, and failures in check valves, air inlet valves, or relief valves. A passing score must be achieved by an examinee as a requisite for certification. The performance exam process must include the following: (A) Performance exam proctors must: 1. be certified as a backflow prevention assembly tester pursuant to this Article; 2. evaluate no more than one examinee at a time; 3. not provide an examinee any assistance in answering exam questions, verbal or otherwise; 4. provide no indication an examinee has erred until completion of a BPA field test, at which time only the fact the examinee has erred may be indicated (i.e., not the nature of the error); 5. be impartial and not affiliated with the certifying organization's preparation of, or preparatory course for (if applicable), the performance exam; and 6. not evaluate an examinee who was trained by the proctor during the six-month period prior to the exam or other conflict of interest. (B) An examinee is considered to have failed a performance exam if the examinee: 1. makes a field test procedure or recording error that could impact an accurate determination of the operating condition of a BPA, 2. completes the BPA performance exam form with an error, 3. is informed of making an error (see subparagraph (A)(4)) and begins the procedure a second time, and 4. errs a second time and completes the BPA performance exam form accordingly. (3) recertification requirements of no less frequently than every three years which includes both a written and performance exam; (4) provisions for revocation of a backflow prevention assembly tester's certification, including but not limited to, revocation for falsifying field test results or field test reports; 27 (5) a website providing public access to the most recent list of backflow prevention assembly testers: (A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each backflow prevention assembly tester's last name, first name, certification number, and the date on which each backflow prevention assembly tester's certification expires; and (B) whose certification was revoked, pursuant to paragraph (4), in the three years preceding the date of the list. At a minimum, the list is to include each backflow prevention assembly tester's last name, first name, revoked certification number, the date on which each backflow prevention assembly tester's certification was revoked, and the reason for revocation. (6) as a prerequisite to sections 3.4.1(b)(1) and (b)(2), completion of an instructional training course accepted by the certifying organization? that covers the subjects in subsection (1)(B) and is no less than 30 hours in length over no fewer than four days for: (A) a backflow prevention assembly tester's initial certification; (B) a backflow prevention assembly tester's recertification as a result of revocation; or (7) In lieu of compliance with section 3.4.1(b)(6) a certifying organization may accept two years prior experience in backflow prevention assembly testing. (c) To be recognized by the State Water Board as a certifying organization for backflow prevention assembly testers, a certifying organization shall: (1) submit an application with the following information to the State Water Board for review: (A) written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (B) evidence that the organization's certification program and exam process has been reviewed, with concerns adequately addressed, by a credentialed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements of IS08/IEC9 (C) a written statement, signed by the certifying organization's representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the But not limited only to training provided by the certifying organization or its affiliates. 8 International Organization for Standardization 9 International Electrotechnical Commission M, criteria in subsection (b) and consistent with the application submitted to the State Water Board. (2) adequately address each State Water Board comment and/or question concerning the application, and (3) receive written acknowledgment from the State Water Board that the application is complete. (d) An American National Standards Institute (ANSI) -accredited certifying organization, accredited in accordance with subsection (b) and ISO/IEC 17024, will be considered to be a State Water Board -recognized certifying organization. Beginning three years after the effective date of the CCCPH, only those testers with a valid certification from an ANSI -accredited certifying organization shall satisfy subsection (a) and certifications obtained by organizations in accordance with subsection (c) will be invalid. (e) This Article does not preclude a local health agency from maintaining a backflow prevention assembly tester certification program for the field testing of BPAs within the local health agency's jurisdiction. Accepting a tester certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (f) This Article does not preclude a PWS from disallowing the use of an individual tester certified pursuant to this Article if the PWS has reason to believe a certified tester may not be proficient in accurately determining the operating condition of BPA, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). A PWS must report any evidence of a tester falsifying reports to that tester's certifying organization. (g) This Article is effective July 1, 2025. 29 3.4.2 Cross -Connection Control Specialist Certification (a) A PWS must ensure that cross -connection control specialists, used pursuant to the CCCPH, have valid certification from a certifying organization recognized by the State Water Board pursuant to this Article. (b) A State Water Board -recognized organization certifying cross -connection control specialists is one that has a certification process that, at a minimum, includes the following: (1) A timed and proctored, written10 exam, using a closed -book, objective grading format, consisting of no less than 100 questions for certification. A passing score must be achieved by an examinee as a requirement for certification. (A) Written exam proctors must: 1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; and 2. be impartial. (B) Passing scores for the exams are to be determined prior to exam sessions, such that passing an exam demonstrates sufficient and comprehensive range of knowledge of the subjects provided in Appendix E, as they may relate to cross -connection control and the causes, effects, and prevention of backflow. (2) recertification requirements of no less frequently than every three years. Recertification may be done through at least one of the following: (A) an exam as required by section 3.4.2 (b)(1), (B) through 12 contact hours from continuing education courses covering material in Appendix E or, (C) a combination of exam and continuing education contact hours equivalent to (A) or (B); (3) provisions for revocation of a specialist's certification, including but not limited to, falsifying information or providing negligent recommendations inconsistent with industry -standard cross -connection control guidelines; (4) a website providing public access to the most recent list of cross -connection control specialists: (A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each specialist's last name, first name, certification number, and the date on which each specialist's certification expires; or 10 The requirement for a written exam does not preclude using computerized exams. 30 (B) whose certification was revoked, pursuant paragraph (3), in the three years preceding the date of the list. At a minimum, the list is to include each specialist's last name, first name, revoked certification number, the date on which each specialist's certification was revoked, and the reason for revocation. (5) initial certification requirements: (A) a valid backflow prevention assembly tester certification from a certification organization recognized by the State Water Board pursuant to section 3.4.1; and (B) completion of an instructional training course (acceptable to the certifying organization") that covers the subjects in Appendix E and is no less than 30 hours in length over no fewer than five days (inclusive of an exam, if provided). This paragraph does not preclude a certification organization from providing the instructional training course to the public, including certified specialists. (C) As an alternative to (A) the certifying organization may accept additional instruction in the subject areas of testing, maintaining and repairing BPAs equivalent in length and scope to the requirements in 3.4.1(b)(6). (D) As an alternative to (A) the certifying organization may accept a minimum of five (5) years documented experience performing cross - connection control specialist duties, as outlined in Appendix E. (c) To be recognized by the State Water Board as a certifying organization for cross - connection control specialists, a certifying organization shall: (1)submit an application with the following information to the State Water Board for review: (A) Written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (B) evidence that the organization's certification program and exam process has been reviewed, with concerns adequately addressed, by a credentialed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements of ISO121IEC13 17024. Conformity Assessment- General Requirements for Bodies Operating Certification of Persons; and 11 But not limited only to training provided by the certifying organization or its affiliates. 12 International Organization for Standardization 13 International Electrotechnical Commission 31 (C) a written statement, signed by the certifying organization's representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board. (2) adequately address each State Water Board comment and question concerning the application, and (3) receive a written acknowledgment from the State Water Board that the application is complete: (d) A certifying organization, accredited by the American National Standards Institute (ANSI) in accordance with ISO/IEC 17024, which complies with subsection (b), will be considered to be a State Water Board -recognized certifying organization. Beginning three years after the effective date of the CCCPH, only those specialists with a valid certification from an ANSI -accredited certifying organization shall satisfy subsection (a) and certifications obtained by organizations in accordance with subsection (c) will be invalid. (e) This Article does not preclude a local health agency from maintaining a cross - connection control specialist certification program for specialists within the local health agency's jurisdiction. Using a specialist certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (f) This Article does not preclude a PWS from disallowing the use of an individual cross - connection control specialist certified pursuant to this Article if the PWS has reason to believe a certified specialist may not be proficient in their knowledge of cross - connection control and the causes, effects, and prevention of backflow, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). A PWS must report any evidence of a specialist falsifying reports to that specialist's certifying organization. (g) This Article is effective July 1, 2025 32 Article 5 — Recordkeeping, Backflow Incident Response, and Notification 3.5.1 Recordkeeping (a) Each PWS must maintain the following records: (1) The two most recent hazard assessments for each user premise, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment); (2) for each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number; (3) for each AG installation, the associated hazard or application and the location, owner, and as -built plans of the AG; (4) results of all BPA field testing, AG inspection, and swivel -ell inspections and field tests for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel -ell; (5) repairs made to, or replacement or relocation of, BPAs for the previous three calendar years; (6) the most current cross -connection tests (e.g. shutdown test, dye test); (7) if a user supervisor is designated for a user premise, the current contact information for the user supervisor and water user, and any applicable training and qualifications as described by CCCPH section 3.2.2(f); (8) descriptions and follow-up actions related to all backflow incidents; (9) if any portion of the cross -connection control program is carried out under contract or agreement, a copy of the current contract or agreement; (10) the current Cross -Connection Control Plan as required in CCCPH section 3.1.4.; and (11) any public outreach or education materials issued as required in CCCPH section 3.1.3.(a)(9) for the previous three calendar years. (b) All information in subsection (a) must be available to the State Water Board upon request. 3.5.2 Backflow Incident Response Procedure Each PWS must include backflow incident response procedures in the Cross - Connection Control Plan required in CCCPH section 3.1.4. The PWS must describe its procedures for investigating and responding to suspected backflow incidents including, but not limited to, the following: (a) Consideration of complaints or reports of changes in water quality as possible incidents of backflow; (b) Water quality sampling and pressure recording; and (c) Documentation of the investigation, and any response and follow-up activities. 33 3.5.3 Backflow Incident Notification (a) Each PWS must notify the State Water Board and local health agencies of any known or suspected incident of backflow within 24 hours of the determination. If required by the State Water Board, a PWS must issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1. (b) If required by the State Water Board, the PWS must submit, by a date specified by the State Water Board, a written incident report describing the details and affected area of the backflow incident, the actions taken by the PWS in response to the backflow incident, and the follow up actions to prevent future backflow incidents. The written report must contain, at a minimum, the information requested in Appendix F. 01 This page intentionally left blank 35 Appendix Appendix A: Assembly Bill 1671 (2017, Chapter 533) and Assembly Bill 1180 (2019, Chapter 455). Appendix B: ASME Al 12.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 Appendix C: Backflow Prevention Assembly Diagrams Appendix D: High Hazard Premises Appendix E: General Range of Knowledge for Cross -Connection Control Specialists Appendix F: Example Backflow Incident Reporting Form Appendix G: Related Statutes and Regulations 0 This page intentionally left blank Appendix A Assembly Bill 1671 (2017, Chapter 533) Assembly Bill 1180 (2019, Chapter 455) This page intentionally left blank ASTATEOFCAL I FORMA AUTHENTICATED 111 ELERRV E LEGAL MATERIAL Assembly Bill No. 1671 CHAPTER 533 An act to amend Section 116810 of, and to add Sections 116407 and 116555.5 to, the Health and Safety Code, relating to drinking water. [Approved by Governor October 6, 2017. Filed with Secretary of State October 6, 2017.] LEGISLATIVE COUNSEL'S DIGEST AB 1671, Caballero. Backflow protection and cross -connection controls: standards. (1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor. Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor. This bill would require a public water system to implement a cross -connection control program that complies with, and would require the certification program to be consistent with, applicable regulations and the standards described in (2). (2) Existing regulations establish standards for a backflow prevention device and cross -connection control. This bill, on or before January 1, 2020, would require the state board to adopt standards for backflow protection and cross -connection control and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state -mandated local program. 94 A-1 Ch. 533 —2— (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 116407 is added to the Health and Safety Code, to read: 116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross -connection control. (b) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross -connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross -connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board's Internet Web site. (c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation. (2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the Office of Administrative Law and the Secretary of State, shall become operative. SEC. 2. Section 116555.5 is added to the Health and Safety Code, to read: 116555.5. A public water system shall implement a cross -connection control program that complies with applicable regulations and with standards adopted by the board pursuant to Section 116407. SEC. 3. Section 116810 of the Health and Safety Code is amended to read: 116810. To ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, 94 A-2 — 3 — C h. 533 local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with standards adopted by the state board pursuant to Section 116407 and any other applicable backflow protection regulations. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. IN] A-3 94 This page intentionally left blank 1=� STATE OF CALIF00.N IA Lc;;;�;��1 AUTHENTICATED Pt�M1l nlr ELERPONIC IEGAL MATENIAL Assembly Bill No. 1180 CHAPTER 455 An act to amend Section 116407 of the Health and Safety Code, and to add Section 13521.2 to the Water Code, relating to water. [Approved by Governor October 2, 2019. Filed with Secretary of State October 2, 2019.] LEGISLATIVE COUNSEL'S DIGEST AB 1180, Friedman. Water: recycled water. (1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross -connection control through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual -plumbed system during an interruption in recycled water service. (2) Existing law requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. This bill would require the state board, on or before January 1, 2023, as specified, to update the uniform statewide criteria for nonpotable recycled water uses. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) On December 11, 2018, the State Water Resources Control Board unanimously adopted an amendment to the policy for water quality control for recycled water, which included a goal to increase the use of recycled water in the state from 714,000 acre-feet per year in 2015 to 1,500,000 acre-feet per year by 2020 and 2,500,000 acre-feet per year by 2030. (b) Section 13521 of the Water Code requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. (c) The regulations establishing the uniform statewide criteria for recycled water uses are set forth in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The regulations that pertain to nonpotable recycled water uses have not been updated since 2000. 95 A-5 Ch. 455 —2— (d) The regulations relating to backflow protection and cross -connection control for recycled water are set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. These regulations have not been updated since 1987. (e) Section 1 of Chapter 533 of the Statutes of 2017 (Assembly Bill 1671 of the 2017-18 Regular Session) requires, on or before January 1, 2020, the state board to adopt backflow protection and cross -connection control standards and authorizes their implementation through a policy handbook. (f) In order to maximize the amount of recycled water California can safely use for beneficial purposes, it is necessary to update the uniform statewide criteria for nonpotable recycled water uses and specify certain associated backflow protection and cross -connection control provisions. SEC. 2. Section 116407 of the Health and Safety Code is amended to read: 116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross -connection control. (b) (1) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross -connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross -connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board's internet website. (2) (A) The policy handbook described in this subdivision shall include provisions for the use of a swivel or changeover device to supply potable water to a dual -plumbed system during an interruption in recycled water service. (B) The use of a swivel or changeover device shall be consistent with any notification and backflow protection provisions contained in the policy handbook. (c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation. (2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the 95 " n. — 3 — Ch. 455 Office of Administrative Law and the Secretary of State, shall become operative. SEC. 3. Section 13521.2 is added to the Water Code, to read: 13521.2. (a) On or before January 1, 2023, the state board shall update the uniform statewide criteria for nonpotable recycled water uses established in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The deadline imposed by this section is mandatory only if the Legislature has appropriated sufficient funds, as determined by the executive director of the state board, in the annual Budget Act or otherwise to cover the state board's costs associated with the performance of the duties imposed by this section. (b) For purposes of the update to the uniform statewide criteria for nonpotable recycled water uses described in subdivision (a), the state board shall adopt a regulation that incorporates by reference the criteria and applicable backflow protection provisions, including the provisions for the use of a swivel or changeover device for dual -plumbed systems, that are contained in the most recently adopted version of the policy handbook adopted pursuant to Section 116407 of the Health and Safety Code and any future versions of the policy handbook. W A-7 95 This page intentionally left blank Appendix B ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 This page intentionally left blank Appendix B ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures,' page 4 TABLE 1 Minimum Air Gaps for Generally used Plumbing Fixtures4 FIXTURES WHERE NOT AFFECTED WHERE AFFECTED BY BY SIDEWALLS' SIDEWALLS2 (inches) (inches) Effective opening3 not 1 11/2 greater than '/2 of an inch in diameter Effective openings3 not greater than % of an inch in diameter Effective openings3 not greater than 1 inch in diameter Effective openings3 greater than 1 inch in diameter 2 Two times the diameter of effective opening For SI units: 1 inch = 25.4 mm 2' /4 3 Three times the diameter of effective opening Notes: ' Sidewalls, ribs, or similar obstructions do not affect air gaps where spaced from the inside edge of the spout opening at a distance exceeding three times the diameter of the effective opening for a single wall, or at a distance exceeding four times the effective opening for two intersecting walls. 2 Vertical walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than specified in Footnote 1 above. The effect of three or more such vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the wall. 3 The effective opening shall be the minimum cross -sectional area at the seat of the control valve or the supply pipe or tubing that feeds the device or outlet. Where two or more lines supply one outlet, the effective opening shall be the sum of the cross -sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller. 4 Air gaps less than 1 inch (25.4 mm) shall be approved as a permanent part of a listed assembly that has been tested under actual backflow conditions with vacuums of 0 to 25 inches of mercury (85 kPa). Reprinted from ASME Al 12.1.2-2012(R2017), by permission of The American Society of Mechanical Engineers. All rights reserved As This page intentionally left blank Appendix C Backflow Prevention Assembly Diagrams This page intentionally left blank Appendix C Diagram 1 Double check detector backflow prevention assembly' Direction of Flow Water Meter "y I,.- "" - Valve Assembly C 2023 University of Southern California. Used with permission. C-1 Appendix C Diagram 2 Double check detector backflow prevention assembly— type 112 Direction :ock #3 Bypass Check Valve z © 2023 University of Southern California. Used with permission. C-2 Appendix C Diagram 3 Double check valve backflow prevention assembly' No. 1 Shutoff Valve No. Test C Direction of F No. 2 Shutoff Valve No. 1 No.2 Check Valve Check Valve s © 2023 University of Southern California. Used with permission A Appendix C Diagram 4 Pressure vacuum breaker backsiphonage prevention assembly4 Air Inlet Valve No. 2 Test Cock No. 1 Test Cock No. 1 Shutoff Valve Canopy No. 2 Shutoff Valve I -I --I-%I-L-- Direction of Flow a © 2023 University of Southern California. Used with permission C-4 Appendix C Diagram 5 Reduced pressure principle backflow prevention assembly s No. 1 No. 2 Shutoff Shutoff Valve Valve No. 1 No. 2 No. 3 No. 4 Test Cock Test Cock Test Cock Test Cock Direction of Flow No. 1 No. 2 Check Valve I Check Valve Relief Valve 5 © 2023 University of Southern California. Used with permission �IM Appendix C Diagram 6 Reduced pressure principle detector backflow prevention assembly 6 Direction of Floe Water Meter Bypass Reduced Pressure Principle Assembly s © 2023 University of Southern California. Used with permission C-6 Appendix C Diagram 7 Reduced pressure principle detector backflow prevention assembly — type 11' Direction of Flo) Eck #3 water ivieter Bypass Check Valve C 2023 University of Southern California. Used with permission C-7 Appendix C Diagram 8 Spill -resistant pressure vacuum breaker backsiphonage prevention assembly $ Air InletValy Vent Val, Test Cock No. 1 Shutoff Valve Canopy / No. 2 I Direction of Flow s © 2023 University of Southern California. Used with permission W Appendix C Swivel -Ell Design and Construction Criteria The criteria below, in conjunction with the swivel -ell diagrams that follow (Diagrams 9a and 9b), are minimum acceptable design and construction -related requirements for utilizing a swivel -ell. For restrictions and allowances for utilizing a swivel -ell, see CCCPH section 3.2.2. A. Prior to operation of a swivel -ell, the PWS will receive approval for the design and construction plans of that swivel -ell from the State Water Board. B. The drinking water supply must not, under any circumstances, be directly connected to the recycled water supply, nor be designed such that the recycled water use site could be supplied concurrently by a recycled water supply and a drinking water supply. C. The drinking water supply line and the recycled water supply line must be offset (see Diagram 9b) in a manner that ensures a tee -connection, spool, or other prefabricated mechanical appurtenance(s) could not be readily utilized in lieu of the swivel -ell connection, nor result in the recycled water use site being supplied concurrently by recycled water and drinking water. D. The recycled water supply line used in conjunction with the swivel -ell must be the only recycled water supply to the recycled water use area. E. The swivel -ell must be located as close as practical to the public water system service connection, with the swivel -ell connection being located as close as practical to the RP upstream of the swivel -ell. F. The swivel -ell must: 1. be located above ground; 2. be color -coded pursuant to section 116815 of the CHSC and its implementing regulations; 3. include appropriate signage, as required by regulation and the State Water Board; 4. be provided the security necessary to prevent interconnections, vandalism, unauthorized entry, etc.; and 5. be provided with meters on both the recycled water service and drinking water service connections. C-9 Legend for Diagram 9a and 9b (also see next page) RP = Reduced pressure principle backflow prevention assembly RW = Tertiary -treated recycled water originating from wastewater treatment facility DW = Drinking water originating from a public water system W = Water (tertiary recycled water or drinking water) to use site. As pictured, configured for supplemental drinking water to the use site. M = Meter (next page) PE = Plain End (next page) GRV = Groove (next page) PWS = Public Water System (next page) Diagram 9a: Example Swivel -Ell Pictorial (also see Plan View Schematics) V #,+j ;i Note: The RP, a required component of an acceptable swivel -ell, is not shown in the picture. C-10 Diagram 9b: Swivel -Ell Typical Plan View Schematics (not intended to be an exact portrayal of the pictorial) iNIPPLE w PE x GRV � F- O U) F- W D SWIVEL ELL, GRV — F, -- RP ORECYCLED M WATER FROM PWS DW SUPPLY & RECYCLED WATER TO USE SITE: SWIVEL -ELL CONNECTION (PLAN VIEW) RP ASSEMBLY ORECYCLED WATER NIPPLE PE x GRV O U) F- w U) o Z) f ELL, GRV FROM PWS DW SUPPLY & RP ASSEMBLY POTABLE WATER TO USE SITE: SWIVEL -ELL CONNECTION (PLAN VIEW) C-11 This page intentionally left blank C-12 Appendix D High Hazard Premises This page intentionally left blank APPENDIX D HIGH HAZARD CROSS -CONNECTION CONTROL PREMISES The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow prevention assembly, unless noted otherwise. The list below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency may require an AG, RP, or both to protect a PWS from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard -assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1. 1. Sewage handling facilities 2. Wastewater lift stations and pumping stations 3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+) 4. Petroleum processing or storage plants 5. Radioactive material storage, processing plants or nuclear reactors 6. Mortuaries 7. Cemeteries 8. Sites with an auxiliary water supply interconnected with PWS (+) 9. Sites with an auxiliary water supply not interconnected with PWS 10. Premises with more than one connection to the PWS (++++) 11. Recycled water (++)(+++) 12. Recycled water interconnected to piping system that contains water received from a PWS (+) 13. Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS 14. Medical facilities 15. Kidney dialysis facilities 16. Dental office with water -connected equipment 17.Veterinarian facilities 18. Chemical plants 19. Laboratories 20. Biotech facilities 21. Electronics manufacture 22. Dry cleaner facilities 23. Industrial or commercial laundry facilities 24. Metal -plating facilities 25. Business park with a single meter serving multiple businesses 26. Marine -port facilities 27. Car wash facilities 28. Mobile home park, RV park, or campgrounds with RV hookups D-1 29. Hotels/motels 30. Gas stations 31. Fire stations 32. Solid waste disposal facilities 33. Pet groomers 34.Agricultural premises 35. Hazard assessment access denied or restricted 36. Railroad maintenance facilities 37.Incarceration facilities (e.g. prisons) 38.Temporary connections to fire hydrants for miscellaneous uses, including construction 39. Private water distribution mains 40. Drinking water storage tank overflow connected to a sump or storm drain (+) 41. Airports (+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2(c) (++) Dual -plumbed use areas established per CCR Title 22, Section 60313 through 60316. (+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then the recycled water supplier may obtain approval of the local public water supplier or the State Water Board, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual cross -connection test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any BPA. (++++) All connections must receive at least the same level of protection excluding fire protection when connected to the PWS distribution system (e.g. if one connection requires an RP then all connections must have RPs installed). D-2 Appendix E General Range of Knowledge for Cross - Connection Control Specialists This page intentionally left blank APPENDIX E General Range of Knowledge for Cross -Connection Control Specialists To effectively prevent unintended backflow into a PWS's distribution system, it is necessary for a cross -connection control specialist to have an understanding of a range of subjects related to cross -connection control. This appendix provides a list of such subjects. This appendix is not meant to preclude instruction of additional subjects that may be necessary or beneficial to the goal of a prospective or existing cross -connection control specialist in being proficient in protecting public health from backflow through cross - connection control measures. Emphasis on particular subjects should be in a manner that best achieves that goal. (a) GENERAL (1) Cross -connection control terminology. (2) The history leading to the need for cross -connection control, including causes, impacts, including but not limited to: (A) potable water distribution systems; (B) examples of backflow incidents and actual or potential public health impacts; and (C) evolution of methods of cross -connection control and backflow prevention assemblies. (3) Hydraulics (general) — An understanding of hydraulic gradients, pressure variations, flow rates, temperature, the properties of water, backsiphonage, backpressure, and other elements necessary to understand the causes for backflow. (4) Public outreach — How to appropriately convey the value of cross -connection control to PWS personnel and the public. (b) LAWS, REGULATIONS, AND GUIDANCE (1) Federal —Applicable federal laws, regulations, and guidance. (2) State — California laws and regulations, including, but not limited to, the State Water Resources Control Board's most recent edition of its Cross -Connection Control Policy Handbook and other requirements related to cross -connection control. (3) Local — An understanding of the need to ensure local requirements are considered and how best to find such requirements. E-1 (c) HAZARD ASSESSMENTS AND METHODS TO PREVENT BACKFLOW A comprehensive understanding of how to conduct cross -connection surveys of water systems for the purpose of identifying cross -connections, assessing hazards, and identifying the most effective and legally appropriate methods for protection from backflow. At a minimum, the following topics should be considered to achieve such an understanding: (1) Surveys: (A) Preparation (e.g., authority, notification, prioritizing customers/premises, coordinating with public water systems, etc.); (B) Design and as -built drawings related to water supply and cross - connection control; (C) Public water system schematics; (D) How to identify existing and new construction, with an understanding of how construction may impact backflow protection; (E) How to identify cross -connections (actual and potential); (F) How to identify and differentiate between high hazard and low hazard cross -connections; and (G) Problems associated with multi -story buildings, multiple service connections at a premises, typical water -use equipment, etc., and varying types of water service, including irrigation, recycled water, gray water, fire prevention systems, and dual plumbed premises. (2) Assessing Hazards: (A) Identifying and differentiating between premises activities leading to high hazard cross -connections and low hazard cross -connections (for examples of high hazard activities, see Appendix D); and (B) Understanding potential public health impacts from backflow associated with the problems in section (c)(1)(G) of this appendix. (3) Assemblies and Methods for Backflow Prevention: (A) A comprehensive understanding of approved methods for cross - connection control and preventing backflow with respect to an assessed hazard; (B) Identifying unapproved methods for cross -connection control and preventing backflow; (C) An understanding of components, design and operation, proper installation and location of backflow prevention assemblies, including air gaps, and backflow prevention assembly field test methods, field test results, and the assessment of air gaps; and (D) Identifying unapproved assemblies, as well as those assemblies whose operation and/or state of repair necessitates replacement with an approved assembly. E-2 (d) CROSS -CONNECTION CONTROL PROGRAMS A comprehensive understanding of the development, elements, and administration of cross -connection control programs, including, but not limited to: (1) An ability to assess the federal, state, and local requirements applicable to a public water system's cross -connection control program, such that adherence to the cross -connection control program would result in compliance with the requirements; (2) The roles, responsibilities, and authority of individuals and entities involved in the critical elements of a successful plan for cross -connection control (see CCCPH section 3.1.4); and (3) The ability to assess the components of a public water system's Cross - Connection Control Plan (see CCCPH section 3.1.4) that best assures the prevention of undesired backflow into the public water system's distribution system, and to communicate deficiencies to public water system personnel. (e) CROSS -CONNECTION TESTS A comprehensive understanding of: (1) The purpose of a cross -connection test and when a cross -connection test should be performed; (2) The ability to develop protocols and make arrangements for cross -connection tests, and subsequently oversee and/or perform such cross -connection tests, in a manner that determines whether interconnections exist between unapproved sources and approved water supplies; and (3) Follow-up actions and notifications if a cross -connection test indicates an interconnection. (0 RECORDKEEPING AND INCIDENT RESPONSE A comprehensive understanding of: (1) The agencies and authorities to be notified in the event of a backflow incident; (2) How to determine the cause of a backflow incident and the actions necessary to prevent similar incidents in the future; (3) How to properly document a backflow incident, including but not limited to the information in the example backflow incident response form in Appendix F; and (4) How to properly document the elements associated with surveys and hazard assessments, including those identified in section (c) of this appendix. E-3 This page intentionally left blank E-4 Appendix F Example Eackflow Incident Reporting Form This page intentionally left blank BACKFLOW INCIDENT REPORT FORM Water System: Water System Number: Incident Date: Incident Time (if known): Incident Location: How was the incident discovered? Backflow Originated from: Premise Location: Address: Premise Contact Person: Phone: Email: Title: Connection Type: (please check one) ❑ Industrial ❑ Commercial ❑ Single -Family Residential ❑ Multi -Family Residential ❑ Irrigation ❑ Recycled Water ❑ Water System Facility ❑ Other: Description and source of backflow substance (please be as descriptive as possible): If available, please attach an MSDS or other chemical description form Was the backflow fluid contained within the user side? YES ❑ NO ❑ Estimated Number of Affected Persons: F-1 Number and description of consumer complaints received: Did any consumers report illness? Please describe. If applicable, please describe the consumer notification: INVESTIGATION Please describe the water system investigation including time frames: What was the area system pressure? Is this within typical range: YES ❑ NO ❑ - typical pressure: Was a sample of the water contaminated by the backflow incident collected and stored before flushing? YES ❑ NO ❑ Please describe all sampling: DDW recommends laboratory or field sampling for the following parameters: total coliform, E. coli, free and total chlorine residual, pH, odor, turbidity, temperature, and color. Additional sampling should be collected at the PWS and regulatory agency's discretion. F-2 CORRECTIVE ACTIONS Please describe the corrective actions taken by the water system: Was the chlorine residual increased after discovery of backflow incident? YES ❑ NO ❑ Date of the last cross -connection control hazard assessment of the premise with the backflow incident conducted: Did the premise have backflow prevention assemblies? YES ❑ NO ❑ Date of most recent backflow prevention assembly test(s): When was the Division of Drinking Water or Local County Health office notified? Date: Time: Contact Person: Was the Division or Local County Health notified within 24 hours? YES ❑ NO ❑ Other agencies or organizations contacted? Name: Certification(s): CERTIFICATION Job Title: Please list all cross -connection control related certifications including number and expiration date F-3 I certify that the forgoing information is true and correct to the best of my ability. Signature: Attach the following applicable documentation Date: 1. Laboratory Test Results 2. Sketch of the cross -connection and modifications 3. MSDS or chemical information forms if chemical hazard is known 4. Applicable backflow assembly test reports including the most recent test before the incident 5. Other relevant supporting documentation F-4 Appendix G Related Statutes and Regulations This page intentionally left blank The following laws and regulations are considered related or tangential to the CCCPH, and are included in a descriptive format to provide additional, relevant background information California Laws and Regulations In addition to the California SDWA statutory requirements cited in CCCPH Chapter 1, section 1.3.1, California has statutes addressing certain authorities and requirements that may have influenced the CCCPH or may otherwise be of interest. • Urban and community water systems must have a written policy on discontinuation of residential service for nonpayment and must not discontinue residential service for nonpayment if certain conditions are met. (CHSC sections 116900 — 116926) • Senate Bill 1263 (2017) requires that before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report which must include a cost comparison of a new public water system and consolidations with an existing system. (CHSC section 116527) • Effective June 24, 2015, Senate Bill 88 (SB 88) (Statutes 2015, Chapter 27) added sections 116680-116684 to the CHSC, allowing the State Water Board to require certain water systems that consistently fail to provide safe drinking water to consolidate with, or receive an extension of service from, another public water system. The consolidation can be physical or managerial. • Local health officers may maintain programs for the control of cross -connections by water users, within water users' premises, where public exposure to backflow may occur. Such programs may include water user premises inspections, collection of fees, certification of backflow prevention assembly' (BPA) testers, and other discretionary elements. Local health officer BPA tester certification standards must be consistent with the standards prescribed in the CCCPH. Water users are required to comply with all orders, instructions, regulations, and notices from the local health officer regarding installation, testing, and maintenance of a BPA. (CHSC sections 116800 - 116820). • Pursuant to the California Building Standards Law (CHSC sections 18901 - 18949.31), the California Building Standards Commission (CBSC) must administer the processes related to the adoption, approval, and publication of regulations referred to as the California Building Standards Code (Title 24, California Code of Regulation). Title 24 serves as the basis for the minimum design and construction California statutes use a variety of terms when referencing a 'backflow prevention assembly' (e.g., backflow protective device, backflow protection equipment, backflow prevention device, backflow or back siphonage protection device, backflow preventer, or backflow device). For consistency with industry terminology, 'backflow prevention assembly' is used in the CCCPH, unless directly quoted otherwise. G-1 of buildings in California and includes the California Plumbing Code (Part 5 of Title 24), which contains requirements pertaining to cross -connection control and backflow prevention. • A BPA intended to convey or dispense water for human consumption via drinking or cooking must meet California's "lead free" requirements. (CHSC section 116875) • Limits are established for the installation of backflow protection equipment where automatic fire sprinkler systems are utilized. (CHSC section 13114.7)2 • Cross -connection control must be addressed in engineering reports that are required (CCR Title 22, section 60323) for recycled water projects. (Wat. Code section 13552.8) • If a public agency requires the use of recycled water for toilet and urinal flushing in a structure (except certain mental health facilities), the public health agency must prepare an engineering report that addresses cross -connection control. (Wat. Code section 13554) • Prior to indoor use of recycled water in a condominium project, the entity delivering the recycled water must submit a report, for State Water Board3 approval, and include the following related to cross -connection control (Wat. Code section 13553(d)(1)): • The condominium project must be provided with a backflow prevention assembly approved by the State Water Board. • The backflow prevention assembly must be inspected and tested annually by a certified tester. • The condominium project must be tested by the recycled water agency or local agency at least once every four years for indications of possible cross - connections between the condominium's potable and non -potable systems. • California's Department of Water Resources was required to convene a task force, known as the 2002 Recycled Water Task Force, to identify constraints, impediments, and opportunities for the increased use of recycled water and report 2 CHSC section 13114.7 historically provided potential limits for backflow prevention assemblies on fire sprinklers. Even though current standards differ from the language stated in CHSC section 13114.7, it is still being provided as a historical reference as there may still be installations with the now outdated limits established in section 13114.7 3 The California Department of Public Health's authority and responsibility pertaining to this reference was transferred to the State Water Board via Senate Bill 861 (2014, Chapter 35). As such, applicable statutory mandates that may refer to "California Department of Public Health" or "Department" may be referred to as "State Water Board" in this document. G-2 to the Legislature by July 1, 2003. The task force was also asked to advise and make recommendations concerning cross -connection control, including the applicability of visual inspections instead of pressure tests for cross -connections between potable and non -potable water systems. (Wat. Code section 13578(b)(1). The final report4 provided the following recommendations to the State Water Board — Division of Drinking Water (Division): Prepare guidance on dual plumbed regulations (22 CCR sections 60313-60316) consistent with Appendix J of plumbing code (Chapter 15 of 2019 California Plumbing Code, formerly Chapter 16A). Support thorough assessment of risk associated with cross -connections between disinfection tertiary recycled water and potable water. Ensure uniform interpretation of cross -connection control requirement of Title 22 regulations (recycled water) and Title 17 (cross -connection control regulations) Recommend stakeholders to review draft Title 17 regulations. • A person engaged in the salvage, purchase, or sale of scrap metal who knowingly possesses a backflow prevention assembly (or connections to the assembly or any part of the assembly), or who failed to report the possession of such items, which was previously owned by a utility or public agency, is guilty of a crime. (Pen. Code section 496e) Junk dealers or recyclers who possess a backflow prevention assembly (or connections to that assembly or any part of the assembly) without a written certification from the agency or utility owning or previously owning the assembly will be liable to the agency or utility for the wrongful possession. (Civ. Code section 3336.5 and, similarly, Bus. & Prof. Code section 21609.1) Please note that a number of the codes, regulations, and statutes cited above are implemented under the authority of regulatory entities other than the State Water Board and would therefore be beyond the scope of this CCCPH. The intent of providing such citations is to increase general awareness with respect to other potential statutory requirements associated with cross -connection control. The list is not exhaustive and does not include other requirements that may exist, including those via regulations that may have been adopted by an appropriate regulatory entity. Federal Laws and Regulations 4 California Department of Water Resources. (2003). Water Recycling 2030: Recommendations of California's Recycled Water Task Force G-3 All suppliers of domestic water to the public are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the U.S. Safe Drinking Water Act (SDWA) of 1974, as amended (42 U.S.C. section 300f et seq.), as well as by the State Board under the California SDWA (Health & Saf. Code, div. 104, pt. 12, ch. 4, section 116270 et seq.). Additionally, the State Water Board has been delegated primacy - the responsibility and authority to administer U.S. EPA's drinking water regulations within California — on the condition that California adopt enforceable requirements no less stringent than U.S. EPA's. The U.S. EPA currently has no distinct cross -connection control requirements that apply broadly to public water systems (PWS); however, the importance of cross -connection control is evident by the issue papers and guidance documents developed by U.S. EPA and their recognition that cross -connections and backflow represent a significant public health risk (see discussion in Chapter 2). Although U.S. EPA currently has no distinct cross -connection control requirements, the subject of cross -connection or backflow prevention assemblies is included in the U.S. SDWA and the Code of Federal Regulations (C.F.R.) in relation to PWS, including the following:5 • If used exclusively for non -potable services, a backflow prevention assembly (BPA) is exempt from the federal lead prohibitions. (42, U.S.C. section 300g) • Allows increasing disinfectant concentrations in a PWS distribution system in the event of a cross -connection (backflow) event. (40 C.F.R. section 141.130(d)) • Proper maintenance of the distribution system, including cross -connection control, is identified as a best available technology (BAT) for microbial contaminant control. (40 C.F.R. section 141.63(e)) • Under the federal Revised Total Coliform Rule, a PWS having a cross -connection control program is one of the enhancements necessary to reduce monitoring for a PWS that had been under an increased monitoring frequency. (40 C.F.R. section 141.854(h)(2)) • Under the federal Revised Total Coliform Rule, a PWS having a cross -connection control program is a criterion for a state to allow a reduced monitoring frequency (40 C.F.R. section 141.855(d)(1)) • If a state allows the monitoring frequency reductions previously mentioned under the federal Revised Total Coliform Rule, a state is required to include in its primacy package to U.S. EPA how a PWS will be required to demonstrate cross -connection control. (40 C.F.R. section 142.16(q)) 5 For requirements unrelated to cross -connection control, please consult California's laws and regulations specific to the topic of interest. California may have more stringent requirements (e.g., reduced monitoring allowed via federal regulations may be prohibited in California). G-4 EXHIBIT B SCHEDULE OF BILLING RATES John Robinson Consulting, Inc. Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES JRC will perform the services as detailed in the tasks outlined in Exhibit A - Scope of Services to Newport Beach on a time and material basis. Table 1 - Compensation City of Newport Beach - Cross -Connection Control Management Plan John Thomas Task Project Tasks Robinson Holliman, PE Total Total TOTAL Project Principal Hours Labor FEES Manager Planner Hourly Rate $165 $210 1.0 Meetings and Coordination 24 16 40 $7,320 $7,320 _ Evaluate Existing Cross -Connection Control 2.0 Plan 4 8 12 $2,340 $2,340 3.0 Hazard Assessment 8 4 12 $2,160 $2,160 4.0 Draft Cross -Connection Control Management 20 60 80 $15,900 $15,900 Plan 5.0 Revisions and finalization of CCCMP 4 8 12 $2,340 $2,340 Total Hours and Feel 60 1 96 1 156 $30,060 $30,060 Total Not -to -Exceed Fee $30,060 The total sum for this Agreement shall be comprised of $30,060 with a contingency amount of $4,940 for a total not to exceed amount of $35,000. Any work or compensation exceeding $30,060 shall require the advance written approval from the City. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. John Robinson Consulting, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least John Robinson Consulting, Inc. Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. John Robinson Consulting, Inc. Page C-3 G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. John Robinson Consulting, Inc. Page C-4 � SEW PORT o m� � n c9GFon�`r.. March 28, 2025 City of Newport Beach Insurance Compliance 100 Civic Center Drive-FV Newport Beach, CA 92660 John Robinson Consulting, Inc. 1055 East Colorado Blvd. Suite 500 Pasadena, CA 91106 Reference Number: FV00001320 This Account has moved from non -compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1]