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17-0701_MUNICIPAL WATER DISTRICT OF ORANGE COUNTY_Water Conservation Participation Agr First AmdFIRST AMENDMENT TO WATER CONSERVATION PARTICIPATION AGREEMENT This First Amendment to Water Conservation Participation Agreement ('First Anrendment") is effective on July 1,2076 ("Effective Date"),'by and between the Municipal Water District of Orange County ("MWDOC") and City of san .fuan Capistrano ("Participant Agency") MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as "Party.'' RECITALS A. MWDOC and Participating Agency entered into a Water Conservation Participation Agreement regarding the Participating Agency's participation in certain water conservation programs ("Agreernent"). B. The Pafties now desire to amend the Agreemenl to make certain changes to provisions regarding verification of the installation of items and devices installed as part of certain water conservation incentive programs. TERMS For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows: l Amendment. Section .l is adcled to the Recitals to read as follows: The purpose of this Agreement is also to acknowledge that Participating Ageney is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and in doing so is agreeing to pay for its proportionate share of MWDOC's administrative and direct program costs of the WUE Program." aa J 2. Amendment. Section l 7 is added to the Agreement to read as follows: "7.'1 Participating Agency understands that by entering into this Agreertrent it is participating in MWDOC's Choice Water Use Effìciency Program ("WUE Program") and agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering the WUE Program based on Participating Agency's level of participation in the WUE Program. MWDOC will annually invoice Participating Agency. I5540 1.0000r\28806550 l 3. Amendment. Section 6 is amended in its entirety to read as follows 6.1 Participant Agency shall be responsible for conducting installation verihcations/inspections of items and devices installed, distributed, and/or rebated by Participant Agency under Participant Agency Adnrinistered Programs to ensure compliance with program requirements, and/ór for paying all costs associated with this verification/inspection. Installation verification/inspection measures must be designed to ensure that materials, installation verifrcations/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.2 Participant Agency shall be responsible for conducting installation verifications/inspections of items or devices installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures for program items and devices must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirernents will be provided to Participant Agency by MWDOC as Attachment A. 6.3 Participant Agency may elect to (l) conduct its own installation verifications/inspections by either utilizing its in-house staff or contracting with a third party vendor of its choice; or (2) uttlize MWDOC's installation verification/inspection contractor to conduct the installation verification/inspections. If Participant Agency elects to utilize MWDOC's verification/inspection vendor, Participant Agency may elect to contract directly with MWDOC's verification/inspection vendor. If Participant Agency elects not to enter into such contract, MWDOC, in MWDOC's sole discretion, may require that Participant Agency contract directly with MWDOC' s verifi cation/inspection vendor. 6.3.1 Notwithstanding any other provision in this Agreement, Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verifi cation/inspection vendor, Participant Agency must still comply with all of the requirements of this Agreement, including the refund requirements in Section 6.6, and MWDOC is in no way liable or responsible fbr the acts or omissions of such vendor and makes no 255401 0000l\28806550 I 6.4 representations or warranties regarding tlre quality of such vendor's work. Participant's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection vendor is with the vendor and not with MWDOC. MWDOC reserves the right to conduct installation verification/inspection of items and devices within Participant Agency's service area. 6.5 Participant Agency acknowledges that any item or device receiving funding from Metropolitan rnay be subject to an installation verification/inspection to be performed by Metropolitan, or its agent(s), at Metropol itan' s discretion. 6.6 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Progranr or MWDOC Administered Program for installed or distributed items or devices, including any grant funds, in the event MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the prograrn items or devices were not installed in cornpliance with the requirements established by Metropolitan and MWDOC pursuant to this Agreement. If such a refund is not provided to MWDOC within thirty (30) days of request, the requested amount may be debited by MWDOC on Participating Agency's next water service invoice. 6.7 ooltelns" and "devices" includes, but is not limited to, plumbing fìxtures, irrigation devices, turf (removal and replacement), and any other items, devices or materials that are installed in connection with a program covered by this Agreement. 4. Authoritv to enter into First Amendment. Each Party represents to the other that the person executing this First Amendment has the requisite power and authority to execute the First Amendment and to bind each respective Party. 5. Continuing Effect of Agreement. Except as amended by this First Amendment, all other provisiolls of the Agreement remain in full force and effect. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 6. Execution in Counterparts. This First Amendment may be executed in duplicate counterparts, each of which shall be deemed an original. MWDOC and Participating Agency have each caused this First Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature. Js540 1 0000 l \28806550. l IN WITNESS WHEREOF, the Parties hereto have executed this FirstAmendment. MUNICIPAL Iü/ATER DISTRICT OF ORANGE COIJNTY PARTICIPANT AGENCY By:By: Robert General Date:Date: t -3' ta 1,ry\ as to Counsel Date: I Approved as to Form: General Cor¡nsel Best, Best, & Krieger Date:1"+- L7-1-"t ? ATTEST M orris, Ci cl 4554() l ,0000 r u8806550, I Attachment A MUNICIPAL WATER DISTRICT OF ORANGE COUNTY I NSPECTION AN D VERI FICATION PROCEDURES Table of Contents l. Purpose of this document.2 ll. Program lmplementation Process ...................2 Application Package lnvoice Submission.. Residential Devices Commercial Devices.. Spray to Drip - Residential Post-lnspection Procedures - Turf Removal.. Project Extensions... ,.,,,',,......2 ..............3 Labor Costs.3 Supplemental 1nspections.................. lnspection Confirmation Quality Contro1............... lll. Device-Based lnspection Procedures.. .............4 4 4 Ã 5 o lV. Area-Based Programs Turf Removal Participation Procedure General lnspection Procedures.. . Pre-lnspection Procedures - Turf Removal On-Site lnspections for Area-Based Rebates Measuring Large Sites by GIS Multiple Applications under same Site t4 Modifications to lnitial Project Area............ ......................14 11 11 12 L2 13 13 L4 .............15 Spray to Drip - Commercial.. V. MeasurementTechniques... Non-Uniform Rectangular.... 15 77 18 18 L9 20 2T lrregular Rhombus or Widening Rectangular Non-Uniform Round........ Non-Uniform Ellipses....... T Non-Uniform Ellipses Alternate l. Purpose of this document It is the practice of the Municipal Water District of Orange County (MWDOC) to ensure that public funds used to administer Rebate Programs are utilized for its intended purposes. Therefore, the purpose of this lnspection and Verification Procedures document (lnspection Procedures) is to establish a clear set of inspection procedures to be followed by MWDOC and/or and its member agencies (hereafter "Participant Agency") and inspection contractors when conducting pre- and/or post-installation verification inspections for all MWDOC-Administered and or Participant Agency-Administered Rebate Programs. These procedures are required regardless of the funding source (Grant funded, Metropolitan Water District of Southern California funded (Metropolitan), or fully funded by Participant Agency, etc.) and/or regardless of program administrator (MWDOC or Participant Agency). This lnspection Procedures document will be updated as needed to reflect new or modified inspection requirements, techniques, or procedures as they arise. ll. ProgramlmplementationProcess For ease of explanation, this document categorizes the MWDOC Rebate Programs into the following rebate program types: o Device-Based Rebate Programs o Residential o Commercial o Spray to Drip - Residential ¡ Area-Based Rebate Programs o Turf Removal o Spray to Drip - Commercial The inspection procedures contained in this document have been developed in coordination with requirements from Metropolitan pursuant to its Residential and Commercial Water Conservation Funding Agreements and Addendums thereto, MWDOC, and/or supplemental grant funding agreements. The following general rules apply for all programs types. Application Package When receiving an application package, all components should be examined before requesting an inspection. The application package currently requires, at a minimum, a fully completed application signed by the property owner and containing the following: Current water billto determine o Participant Agency is participating in the program o Project site is located within Orange County o Payee name matches the application name Device eligibility, if a device-based program Site plan for area-based rebates o lndicate the project area, location, and project intent Pictures ofthe site for area-based and spray-to-drip rebates. Pictures to show a a a a 2 o Current site condition o Complete area to be removed o Area complies with eligibility criteria It is recommended that the application, terms and conditions, and program guidelines each contain language stating that on-site inspections will be performed and are required for participation in any rebate programs. lnvoice Submission Rebates may not exceed the total project/equipment costs nor the reserved rebate amount. For a receipt/invoice to be considered eligible it must include the following: r Dated within the project period o Scope of work performed o Signed by the customer/applicant/property owner and references s¡te location (if applicable) o ltemized to include make, model, sku, quantity, price per item, total price o lf labor is to be considered, it must be listed on a separate line item and must be accompanied by the California State Contractor License Board (CSCLB) contractor license number Once projects are completed, invoices and receipts are submitted to the program administrator and MWDOC, all invoices and receipts are to be carefully tabulated by program administrator and MWDOC to prevent payment for materials/costs not associated with the program; specific program eligible material/costs are based on program type. Labor Costs Due to California state law, all sites that are invoiced at 5500.00 or more require that work be performed by a contractor licensed by the California State Contractor License Board (CSCLB). lf labor costs are invoiced by someone who is not licensed, those costs are not eligible. This labor cost provision is consistent with state law but, most importantly, protects Orange County consumers from unlicensed contractors. Materials utilized by the unlicensed contractor may be considered eligible costs. Additionally, there have been some instances where costs for landscape architectural drawings were submitted, but the drawings were not performed by a Californ¡a State Licensed Landscape Architect. Those costs are also not rebate-eligible. Federal, State, and Local Laws and Ordinances All projects, including projects at historic sites, are subject to the terms of their local agency's ordinances and must comply with all applicable federal, state, and local laws, as wellas applicable Covenants, Conditions & Restrictions (CC&R) and/or Homeowners Association (HOA) restrictions. Applicants should obtain any necessary approvals for their projects from their city's/county's code enforcement and/or HOA/CC&R board. lt is the responsibility of the each applicant to ensure their project is in compliance. Customers must agree to adhere to their local rules and provisions in order to accept funding. Questions from program participants regarding compliance with any of 3 the above laws, ordinances, and/or restrictions will be directed to Participant Agency for guidance. Supplemental lnspections Some sites may need to be re-inspected by MWDOC and/or Metropolitan when unique circumstances arise. At these times, communication with the customer is vital in order to remain in adherence with the program intent while ensuring that projects are successfully completed. All inspection and verification procedures and invoice criteria described in this document must be adhered to. lnspection Confirmation Quality Control Each Participant Agency performing their own inspections/verifications will be required to adopt these lnspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency's own inspection and verification procedures document in line with the requirements and procedures contained in this document. All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC. MWDOC/Metropolitan may request inspection reports from Participant Agency at any time. lnstallation vendors hired for project implementation cannot inspect their own installations. Metropolitan and/or MWDOC reserve the right to verify and perform onsite ¡nspections of any projects at any time. This can be before, during, and/or after project installation, and/or after the rebate payment, and results of these inspections may affect payment made to Participant Agency or require a refund to be paid by Participant Agency to MWDOC. lf installation cannot be verified, Participant Agency must reimburse MWDOC and/or Metropolitan depending on the source of funds. lll. Device-Based lnspection Procedures For residential and commercial devices rebated through Metropolitan's regional rebate program, device-based inspections will be conducted solely by Metropolitan, at its discretion. For devices rebated through a MWDOC and/or a Participant Agency-Administered Program (MAA Program), the inspection procedures are set forth below. Residential Devices Residential device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Currently, those inspection procedures are as follows: ln order for Participant Agency to be reimbursed for incentives from MWDOC/Metropolitan, Participant Agency must certify on each invoice that the terms and conditions within each project have been met, all devices have been installed, and all work has been performed. The party signing each invoice must have signing authority to certify the invoice. For residential device-based MAA Programs, Participant Agency will utilize the sample size calculator provided by MWDOC to ass¡st in determining the appropriate number of devices to 4 inspect to ensure a 98% ¡nstallation rate given the overall quantity of devices. Participant Agency must report verification/inspection method employed on each invoice submitted. Participant Agency must: a. Validate quantity of devices installed. b. Verify new device type, make, and modelwith Project information c.Verify lnstallation address or specific locations within the address with Project documentation. d. With permission from the customer, take photographs relating to the devices installed to be included in lnspection report. i. lndoor lnspection: lndoor inspection includes detailed fixture count of toilets and clothes washer(s). Access to fixture locations (such as bathrooms and laundry facilities) are required to perform the inspection, and property owner/applicant person should be made aware of th¡s through the application. i¡. Outdoor lnspection: Outdoor inspection includes detailed fixture counts of installed and operating landscape devices such as rain barrels, cisterns, irrigation controllers, residential drip, and nozzles. For irrigation controllers, inspect the model to ensure it matches the rebate application, verify that it is operating as a "smart device" and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model. Commercial Devices Commercial MAA Program device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Metropolitan may require Participant Agency to submit inspection reports for specific projects, and Metropolitan/MWDOC reserves the right to perform onsite inspections of projects/sites prior to payment. To determine the amount of inspections required for commercial devices, Participant Agency must apply the following criteria (a-e below) to the project(s): a. Automatic lnspection: Regardless of the 5% rule listed in Section d below, Participant Agency must first determine if any site within the MAA Program Project requires an Automatic lnspection. Automatic lnspections are triggered when any site within an MAA Program Project has been approved for Metropolitan's funding in excess of S10,000. All sites receiving S10,000 or more in funding must be automatically inspected by Participant Agency. Participant Agency must also notify MWDOC/Metropolitan within 3 to 5 business days of upcoming inspection by Participant Agency for site(s) exceeding S10,000. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to bfahl@mwdoc.com and maconservation@mwdh2o.com 5 To determine how many devices need to be inspected at a $10,000+ site, follow the next two points. i. lf the site triggering an Automatic lnspection also meets the criteria for a Large Project, as described below, then Participant Agency must inspect a minimum of 10% of the devices installed. il. lf the site triggering an Automatic lnspection does not meet the criteria for a Large Project, then the Participant Agency must inspect tOO% of devices at the site. b. Large Project/Sites: Participant Agency must next determine if any of the sites meet the definition of a Large Project/Site. Regardless of the 5% rule listed in Section d below, any site with less than S10,000 in funding but that receives the designation of Large Project/Site must be inspected. The total number of devices to be inspected for Large Projects/Sites will be a minimum of IO% of the total devices installed at each site. lf any site within your overall MAA Program Project installs any combination of the following number of devices, you must conduct an inspection of a minimum I0o/o of any combination of the devices installed. Large Projects/Sites are defined as i. For plumbing devices - 50 device units or more at one installation address ¡i. For irrigation controllers - 20 controllers or more at one installation address. Note that irrigation controllers may be installed in different landscape areas inside a single complex. ii¡. For sprinkler nozzles - 100 nozzles or more at one installation address c. Regular Projects/Sites: For sites not meeting: (a) S1O,OOO+ in funding per s¡te or (b) the Large Project/Site criteria above, Part¡cipant Agency must inspect t}O% of devices at the site. d. For each MAA Program Project that Participant Agency submits a Request for, Participant Agency must physically inspect a minimum of 5% of the value of each device-based MAA Program Project approved by MWDOC/Metropolitan before invoicing. For example if the MAA Program Project is approved for S100,000, then a minimum of 55,000 worth of devices must be inspected per MAA Program Project. e. lnspections for Regular Projects/Sites, sites defined as Automatic lnspections (mandatory), as well as those defined as Large Projects/Sites (mandatory) count towards the 5% (section d above) minimum of the value of each device-based MAA Program Project to be inspected. Participant Agency will report progress toward the 5% inspection requirement on each invoice for all inspections required by MWDOC/Metropolitan. The party signing each invoice must have signing authority to certify the invoice. lnspection Requirements Participant Agency inspection at a minimum will: a.Validate quantity of devices installed 6 d. b. Verify new device type, make, and model with Project information c.Verify lnstallation address or specific locations within the address with Project documentation. With permission from the customer, take photographs relating to the devices installed to be included in lnspection report. i. lndoor lnspection: lndoor inspection includes detailed fixture count of toilets, urinals, dry vacuum pumps, food steamers, ice machines. Access to bathrooms, kitchens, eating facilities, and medical facilities are required to perform the inspection and property owner/applicant should be made aware of this at the application stage. ii. Outdoor lnspection: Outdoor inspection includes count of installed and operating landscape devices such as irrigation controllers and nozzles; and cooling tower controllers. Access to either landscape area or rooftop is required to perform the inspection. For irrigation controllers, inspect the modelto ensure it matches the rebate application, verify that it is operating as a "smart device" and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model. Potential lnspect¡on Resu lts a. Partial fail: lnspection completed with discrepancies between Project information and inspection process. Participant Agency to only bill MWDOC for verified quantity. b. Device(s) installed at a different location: the installation must be inspected priorto billing MWDOC. A substitute device cannot be included. lf installation is verified at the different location, Project information must be revised to reflect new information. c. Device count is different from the application: i. lf the count is more, only the amount approved in the Project will be reimbursed. i¡. lf the inspection count is less, only the verified count will be billed to MWDOC. For Large Projects where the inspection count is less, the Participant Agency inspector will increase the inspection from !0% to 20% of total installations. The percentage found to be installed for Large Projects will be applied against the total and the total quantity will be reduced by that percentage. For example, after inspecting 20o/o of the total installations of 100 toilets, 15 out of 20 toilets were verified installed (75% installed); then the final approved count would be 75 toilets (75% of the l-00 = 75), rather than 100. lf inspection reveals a discrepancy as described in the example, Participant Agency may choose to inspect L00% of the project, otherwise the extrapolation as shown on the example must be taken and the amount revised prior to billing MWDOC. 7 d. The make/model is different from the application: verify that different make/model is a Metropolitan approved device. lf so, inspect as usual and revise information on Project documentation prior to billing MWDOC. e. Failed inspections will not be billed to MWDOC. Reasons for failure: ¡ Device(s) not installed ¡ Device(s) installed, but no working properly . For "smart" irrigation controllers, device(s) not operating as a "smart" device r lnstalled device(s) has been removed o Access to property not allowed o Device(s) installed at a different site. MWDOC/Metropolitan reserves the right to verify and inspect any approved projects at any time. lf installation cannot be verified, Participant Agency must reimburse MWDOC. MAA Program Type Primary lnspection Criteria Listed in order from A to C (must do (C) below even if (A) and/or (B) exists) Secondary lnspection Criteria Number of lnspections Required Non-Large Site Commercial Device Large Site 100% inspections of each qualifying site (Al $10,000 or more Minimum L0% inspections of each qualifying site (B) Large Site Less than S10,000, but satisfies the Large Site definition Minimum 10% inspections of each qualifyirrg site (c) lnspected less than 5% ofTotal Projea S Number S¡tes up to 5% of Total Project S 8 Spray to Drip - Residential The residential portion of the Spray-to-Drip Rebate Program is a device-based program with different inspection requirements and criteria than other device-based inspections. The inspection requirements for resident¡al Spray-to Drip Rebate projects are described below: Pre-l nspection Procedu re Once an application is received, a project cannot be accepted and no funding is reserved until a "pre-inspection" is conducted, as follows: MWDOC reviews the application to confirm: o Program application is completed in full o A copy of a current water bill is attached and confirms that o Participant agency is participating in the program o Project site is located within Orange County o Payee name matches the application name . Applicant has attached 3 to 5 photos of the project area taken with the existing sprinkler system turned on. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (house in background, unique landscape/decorating features, etc.) to confirm that photos sub¡itted are for the property/site listed in the application. o The number of drip "kits" the applicant is applying/eligible for. o A simple site plan has been attached indicating the proposed spray-to-drip conversion areas . Any supplemental documents included have been reviewed. Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC forwards the application to the Participant Agency to conduct its own review and approval utilizing the steps listed above. lf the application has satisfied all of the above requirements, a Project Approval Notice is generated by MWDOC/Participant Agency and emailed to the applicant. The funding is reserved at this point and cannot increase. However, the funding amount may decrease if the applicant installs less drip equipment than was specified on the application or if the costs of the equipment are less than anticipated. Should the application fail the pre-inspection process, the application will be denied. MWDOC reserves the right to conduct, or to require Participant Agency to conduct, an on-site pre-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so. Post-l nspection Procedu re Once the Spray-to-Drip Project is complete, applicant completes the Spray to Drip Completion form to request an on-site post-inspection. Prior to scheduling the post-inspection, the Completion Form will be reviewed by MWDOC to confirm the following: o Completion Form is completed in full. o Payee Name and Mailing Address for Rebate Check is provided. . Applicant has attached at least 3 completed conversion area pictures showing: 9 a o Wide angle view of completed project area(s) o Close-up(s) of installed pressure regulation/filtration component(s) o Close-up(s) of installed drip tubing Applicant has attached copies of any project related receipts or invoices. For a receipt/invoice to be considered eligible it must include the following: o Dated within the project period. o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs, o ltemized to include make, model, sku, quantity, price per item, total price. o The actual quantity of drip "kits" purchased and the quantity of kits eligible for rebate. o Labor is not reimbursable and must be listed as a separate line item. lf the Completion Form is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents prior to scheduling the post-inspection. lf applicant is unable to provide receipts/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site post- inspection should be scheduled. lf the Completion Form has satisfied all of the above requirements, MWDOC/Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the Completion Form. As part of the on-site post-inspection, Participant Agency/inspector must verify the following: a That drip irrigation equipment has been installed. For residential on-site post-inspection, if microspray, point-source emitters, or any other type of drip ¡rr¡gation other than embedded emitter tubing has been installed, this must be noted and photographed. Only embedded emitter tubing installations are eligible for rebates in residential settings. That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturerfmake, model, model number/sku, and quantity should be documented, and the equipment should be photographed. a That drip tubing has been installed. The drip tubing should be photographed. lf covered, a minimum of a lO-foot section must be uncovered for the photograph. That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions). Once the on-site post inspection is complete, Participant Agency will complete the Rebate Check Authorization form, in full, and upload all photos and documentation. Once the Check Authorization form has been submitted, it will be reviewed by MWDOC, along with copies of all a a L0 receipts and invoices, and if the spray-to-drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. lf all the terms, conditions, guidelines, and requirements of the program have not been satisfied, the post-inspection will be considered a fail, and the application will be denied and no rebate funds will be issued. MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so. lV. Area-Based Programs Area-based programs include any program where the rebate amount is determined by an area measurement. Such programs currently include, but are not limited to, residential and commercialTurf Removal and commercial Spray to Drip. Turf Removal Participation Procedure The Turf Removal Rebate Process, as it currently exists, is depicted in the following chart. The process flow is broken down into 1L distinct steps starting with the Customer Application Submittal and ending with Metropolitan and Participant Agency lnvoicing. The 11 steps are as follows: Step 7: On-line Application and Document Submittal Process Performed by the Customer Step 2: Application Review Process and Pre lnspection Distribution PerÍormed by MWDOC Step 4: Pre-lnstallation lnspection Process Performed by Participont Agency or lnspection Vendor ond sent to MWDOC for review Step 5: Notice to Proceed or Denial Letter to Customer Process Performed by MWDOC Step 6: Participant Project lnstallation and Project Completion Notification Performed by Customer Step 7: lnitial Project review, Post-Work Order Generation and Distribution Performed by MWDOC Step 8: Post-lnstallation lnspection Process Performed by Porticipont Agency, MWDOC, or lnspection Vendor and sent to MWDOC for review Step 9: Application Approval or Denial and lnvoice Review Process Performed by MWDOC 7t Step L0: The Rebate Check Run and W-9 Request Process Performed by MWDOC Step 77: Metropolitan Water Distr¡ct and Participant Agency lnvoicing Process Performed by MWDOC General lnspection Procedures For all customer types, all sites will be measured by the Participant Agency and or its inspector lor TOOo/o ofthe sites lor tÛOo/o ofthe project areas during both the pre- and post-inspections. Required minimum techniques for area measurements are described in Section V - Measurement Techniques. All inspection procedures/verifications must adhere to the following additional inspection and certification requirements: a ResidentialArea-Based lnspections: For residential area-based customers with an approved Metropolitan rebate amount exceeding 55,000, Participant Agency or inspection vendor must notify MWDOC/Metropolitan within 3 to 5 business days of upcoming post-inspection(s) by Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to tu rfremova l@ mwdoc.com. o CommercialArea-Based lnspections: For commercial area-based customers with an approved Metropolitan rebate amount exceeding 510,000, Participant Agency must notify MWDOC/Metropolitan 3 to 5 business days prior to upcoming post-inspection(s) by Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to tu rfremova I @ mwdoc.com. Participant Agency will only bill MWDOC/Metropolitan for the square footage measured. Participant Agency must adopt these lnspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency's own inspection and verification procedures document in line with the requirements and procedures contained in this document. MWDOC/Metropolitan will require Participant Agency to submit them. MWDOC/Metropolitan may perform onsite inspections of projects prior to payment. Result of the inspection may affect payment made to Participant Agency All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC. MWDOC may request inspection reports from Participant Agency at any time. Pre-lnspection Procedures - Turf Removal After an application is received and the information has been verified, a project cannot be accepted and funding is not reserved until a "pre-inspection" is conducted by the Participant o a a L2 Agency or by a vendor inspector. The pre-inspection on-site visit is a means to determine confirmation of eligibility. The pre-inspection process verifies that the project area contains live turf or sufficient evidence that live turf recently existed and that the requested square footage to be removed seems reasonable and consistent with the physical inspection. This requirement applies to both residential and commercialturf removal areas unless otherwise noted. When establishing that areas are eligible, careful inspection with accurate, and precise measurements, as described in Section V, are always required. For Turf Removal, during the pre- inspection the total project area square footage is measured. Any non-eligible square footage is removed, such as non-turf areas including bare soil, trees, shrubs, mulch, paving, and utility box footprint, etc. Refer to specific program terms and conditions for eligibility criteria. The square footage listed on the application is to be used as a reference, the initial project area is to be based on the square footage as measured during the pre-inspection. Once the initial project area square footage has been determined, that number is used to reserve funding, and a letter to proceed is generated and sent to the customer. On-Site lnspections for Area-Based Rebates Unless the program guidelines specifically state otherwise, on-site eligibility verification and area measurement for the pre-inspection is the method to be utilized by the inspection vendor as well as any Participant agency conducting its own inspection. Measuring Large Sites by GIS With extremely large sites (in excess of 50,000 sf) where physical measurements are difficult, aerial imagery is often employed to measure the site. ln these circumstances a GIS measurement may only be used to measure the project area and a pre-inspection site visit is still required to ensure that the site meets all program conditions and requirements and is eligible to participate. This method is often referred to as a "spot-check" since the sites are checked for existing turf during the inspection, but measured separately using GlS. lf a site is measured by GlS, rather than through an on-site measurement technique, it must explicitly be noted on a work order or through an equivalent form for written communication from the Participant Agency/vendor inspector to MWDOC. Digital imagery must be saved and sent to MWDOC. There must still be confirmation that the site/area to be rebated contains live turf and that the requested footage to be removed seems reasonable and consistent with the aerial inspection Condition of Turf at Pre-lnspection lf bare areas were included by the customer, the inspector must subtract those areas. ln many cases, due to the drought or season, dormant or dead brown grass is present. Dormant or dead brown grass that appears to have been maintained in the recent past is still eligible. However sites where there is bare soil that appears compact and no turf was present in the recent past, are not eligible. ln addition, moss areas where there is no turf or areas that have grown or mowed weeds would be ineligible. A lawn with weeds would still remain eligible. Photo documentat¡on of the turf is required in order to approve the site. Photos of the entire area and detailed photos should 13 be taken showing turf and bare soil conditions. For large sites with multiple separated areas (or sub-areas), a map must be submitted identifying the area measured for each separate sub-area. Multiple Applications under same Site Residential sites have a lifetime maximum. Commercial sites have an annual maximum Modifications to lnitial Proiect Area ln some instances a customer may want to swap turf removal areas/locations after a letter to proceed has already been sent and construction has begun. This is common in HOAs, Golf Courses, Parks, and other large sites, but occasionally occur with residential projects. There are many reasons for changes such as: HOA board decisions, public outcry, irrigation system delineation restrictions, or even finding out that some part of the property belongs to another entity (as is common in parkways along sidewalks, and around common area parks). When these changes occur, if the customer is simply removing an area to be renovated, no action is required. However, if a decision is made to swap an area with another, additional documentation and a second pre- inspection must occur and is required to ensure that the site is eligible and matches the area measurements. This documentation must include a new site plan and photos of the intended areas. At this point, because a letterto proceed has already been sent and construction has begun, the site eligible for a rebate may not increase in size. lf construction has not begun, and the customer would like to increase the area of turf to be removed within program maximum square footage guidelines, a second pre-inspection must occur and is required to ensure that the site is eligible and matches the area measurements. lf the swapping of one area for another occurs during the construction phase of the project and is not previously approved by MWDOC, the swapped area will not be eligible for rebate as it was not subject to the mandatory pre-inspection. Post-lnspection Procedures - Turf Removal For both residential and commercial projects, unless otherwise noted, once the letter to proceed has been issued, the initial project area square footage may not increase; however, it may decrease if the customer decides to remove less turf than what was measured. After the customer has completed their project, a second on-site inspection (post-inspection) occurs to ensure that the renovated areas are in compliance with the program. Entire 1700%l project re-measurement should occur during the post-inspection, utilizing the same techniques as employed during the pre-inspection measurement, with the exception of GlS. Negative deviations between the pre- and post-inspections area measurements, as well as swapped areas occurring without a proper pre-¡nspect¡on and approval from MWDOC, will result in a reduction of the rebate eligible area (meaning the lesser area measurement will be the basis for the rebate). All projects must be inspected prior to Participant Agency invoicing MWDOC. When establishing that areas are eligible, careful inspection with accurate, and precise measurements, as described in Section V, are always required. For Turf Removal, during the post-inspection the total converted area square footage must be measured. Any non-eligible square footage is removed, such as remaining-turf areas, bare soil, or non-permeable area including hardscape and pools. Refer to specific program terms and conditions for eligibility criteria. 14 The initial project area square footage established during the pre-inspection is to be used as a reference, the final project area is to be based on the square footage as measured during the post-inspection. Once the final project area square footage has been determined, that number is used to determine the actual potential rebate amount, so long as it does not exceed the total eligible project costs. Only that final project square footage measured by the Participant Agency/inspection vendor may be included in the payment request to MWDOC. Proiect Extensions ln some instances, projects may experience delays. As all projects either have a 60 day deadline or 90 day deadline to complete their project, an extension may be requested. ln all cases, extensions may only be granted to sites who are making progress to complete their project. Documentation or a site visit is often required for the purposes of verifying that progress is being made at a site. Examples of documentation are signed contracts with a landscape contractor, photos of the site with turf removed and work under way, or canceled checks to a contractor. This is an important step; if a site is not showing progress and there is no motivat¡on to complete, it may be cancelled to allow the funding of other, more motivated, rebate customers. Spray to Drip - Commercial The commercial portion of the Spray-to-Drip Rebate Program is administered in a similar way to the residential portion, with the exception of the post-inspection requirements which are area- based. The inspection requirements for commercial Spray-to Drip Rebate projects are described below: Pre-l nspection Procedu re Once an application is received, a project cannot be accepted and no funding is reserved until a "pre-inspection" is conducted, as follows: MWDOC reviews the application to confirm: o Program application is completed in full. . A copy of a current water bill is attached and confirms that o Participant agency is participating in the program o Project site is located within Orange County o Payee name matches the application name . Applicant has attached 5 to 10 photos of the project area taken with the existing sprinkler system turned on. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also conta¡n identifying features (buildings in the background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. . Applicant has provided the square footage of the proposed spray-to-drip conversion area. o A simple site plan has been attached indicating the proposed spray-to-drip conversion areas. . Any supplemental documents included have been reviewed. 15 Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC forwards the application to the Participant Agency to conduct its own review and approval utilizing the steps listed above. lf the application has satisfied all of the above requirements, a Project Approval Notice is generated by MWDOC/Participant Agency and emailed to the applicant. The funding is reserved at this point and cannot increase. However, the funding amount may decrease if the applicant installs less drip equipment than was specified on the application or if the costs of the equipment are less than anticipated, Should the application failthe pre-inspection process, the application will be denied. MWDOC reserves the right to conduct, or to require Participant Agency to conduct, an on-site pre-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so. Post-lnsþection Procedu re Once the Spray-to-Drip Project is complete, applicant completes the Spray to Drip Completion form to request an on-site post-inspection. Prior to scheduling the post-inspection, the Completion Form will be reviewed by MWDOC to confirm the following: r Completion Form is completed in full. r Payee Name and Mailing Address for Rebate Check is provided. . Applicant has attached at least 5 completed conversion area pictures showing: o Wide angle view of completed project area(s) o Close-up(s) of installed pressure regulationfiltration component(s) o Close-up(s) of installed drip tubing . Applicant has attached copies of any project related receipts or invoices. For a receipt/invoice to be considered eligible it must include the following: o Dated within the project period o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs. o ltemized to include make, model, sku, quantity, price per item, total price. lf microspray or point source emitters have been installed, the flow rate for each must be 2.5 gallons per hour or less, or per the terms and conditions of the Program. o Labor is not reimbursable and must be listed as a separate line item. lf the Completion Form is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents/invoices prior to scheduling the post-inspection. lf applicant is unable to provide photos/documents/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site post-inspection should be scheduled. lf the Completion Form has satisfied all of the above requirements, Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the L6 information contained in the Completion Form. As part of the on-site post-inspection, Participant Agency/inspector must verify the following: The actual square footage of the conversion area. All commercial spray-to-drip sites will be measured by the Participant Agency and or its inspector lor LOOo/o of the sites f or t00o/o of the spray-to-drip conversion areas duringthe post-inspections. The required minimum techniques for area measurements are described in Section V -Measurement Techniques. a That drip irrigation equipment has been installed. The type of drip equipment (embedded emitter tubing/microspray/point source emitters must be noted and photographed. That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/sku, and quantity should be documented, and the equipment should be photographed. That drip tubing has been installed. The drip tubing should be photographed. lf covered, a minimum of a 2O-foot section must be uncovered for the photograph. That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions). Once the on-site post inspection is complete, Participant Agency will complete the Rebate Check Authorization form, in full, and upload all photos and documentation. Once the Check Authorization form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the spray-to-drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. lf all the terms, conditions, guidelines, and requirements of the program have not been satisfied, the post-inspection will be considered a fail, and the application will be denied and no rebate funds will be issued. MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so. Measurement Tech n iq ues When measuring sites, tape measurers remain the most accurate method of measurement. Measuring wheels are nearly as accurate when rolling on a flat surface such as concrete or asphalt. Measuring wheels on turf or shrub areas run the risk of being inaccurate. Tape measurers are recommended whenever uneven surfaces are encountered. For large sites, a map should be provided indicating all the turf areas intended for removal and all project areas should be measured and noted with square footage. Odd shapes are often hard to measure accurately. A series of methods of measuring odd shapes have been reviewed and below are a listing of acceptable measurement techniques of odd shapes. Alternative measuring techniques must be submitted to MWDOC for review and approval prior to implementation and must be at least as be at least as accurate as the techniques listed here. a o a a V 17 Non-Uniform Rectangular First measure the length of the longest axis of the area (line AB). This is called the length line. Next, divide the length line into equal sections, for example 13 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through G). These lines are called offset /ines. Finally, average the lengths of all offset lines and multiply the result times line AB (65 ft. in this example). This is most notably different from the Non-Uniform Ellipse method in that exactly one of the left or right edges is measured, in this case line "C." þ Example: Non-Uniform Rectangular Length line (AB) = 65 ft Distance between ofßet lines is l3 ft apart Length ofeach offset line: c--20ft F=20ft D=10ft G=25ftE=15ft H=20ft Averagelengthof : (C+D+E+F+G+H) ofßet lines (Number of offset lines) = (20 + 10 + 15 +20 +25 +20) I 6: 18.3 ft Total Area = (Length line) x (Average length of offset lines) :65 ft x 18.3 ft: tl92 ft r Þ lrregular Rhombus or Widening Rectangular A fast way to measure irregular rhombi is shown in the example below. Stake one end of the measuring tape at point (A, B); measure line d and then line B. Without removing the stake measure line c and then line A. Using those four measurements you will be able to find line a and line b. The areas of triangle (ad), triangle (cb), and rectangle cd) can now be calculated. A #:'þ cl 18 /A. Example: Irregular Rhombus or \ilidenine Rectansular Length of each line A:20 ft B=25 ft Line(Ð =A-c :20 ft- l8 ft =2ft Line(e)=B-d --25 ft-21ft =4ft c:18ft d:21fr. Area(cd)=cxd :18ftx21ft :378 fr2 Area (cb) : (c x e) I 2 = (18 ft x4ft) t2 :36 ft2 Area (fd) : (f x d) I 2: (2 ftxzt ft) /2=2t ft2 Total Area : Area (cd) + Area (ce) + Area (fd) : 378 ft2+ 36 ff + 2l ft2 = 435 ft2 Non-Uniform Round First measure 1.6 evenly spaced rad¡¡ from the same center po¡nt (point A). This is called the centerpoint Nexttakethe average ofallthe radii (B +C+ D + E + F + G + H + l +J + K+ L+ M + N +O+P+Q)/16.Usetheaveragerad¡itocalculatetheareaofacircle.(72.25ft.inthis example). Þ b È î L't¿ J F Þo Board used for measuring q 19 Example: Non-Uniform Round Length of each ofßet line: B: l0 ft E: t2ft H: l0 ft K:9 ft:lsft r:15ft L:8ft O:10ftD:10ft G:13ft J:17ft M=15ft N:16ft P=12ft Q=9ft C=15ft F Number of radii = 16 Average length ofoffset lines = (B + C +D +E+F +G+H + I + J +K +L+M+N+ O+P+ Q) / (Number of radii) : (10 + 15 + l0 + 12 + 15 + 13+ l0 + 15 + 17 + 9 + 8 + 15 + 16 + l0 + 12 + 9) /t6 = 12.25 ft Total Area: rx12.252ft: 3.14 x 12.25 ftx 12.25 ft = 471 ftz Non-Uniform Ellipses The method used for ¡rregular shaped areas is called the "offset method". First measure the length of the longest axis of the area (line AB). This is called the length /ine. Next, divide the length line into equal sections, for example 10 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through G). These lines are called o//set /rnes. Finally, add the lengths of all offset lines and multiply the result times the distance that separates these lines (L0 ft. in this example). This is most notably different from Non-Uniform Rectangular in that neither the left or right edges of the shape are measured in the ellipse. F,fr Example: Non-Uniform Ellipse Length line (AB) = 60 ft Distance between offset lines is l0 ft apart Length ofeach offset linec: 15 ft F:25 ftD:10ft G:20ft E=15ft Total length ofoffset lines = C + D + E + F + G =15+10+15+ZS+20:85ft Total Area: (Distance between offset lines) x (sum ofthe length ofoffset lines):10ftx85ft = 850 ft2 &P ? 20 Non-U n iform Ell ipses Alternate An alternate method of measuring non-uniform ellipses is by dividing the ellipses in uniform parts and utilizing the non-uniform round method as described above. An example is shown below. Ëþ*. ("7 Þ, *,, r"?, ñ- þt4, lr Lt 1 Ll Kr 2t