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HomeMy WebLinkAboutMunicipal Water District of Orange County (MWDOC) - 2019-10-21 } �d� 7 _d City of Huntington Beach File #: 19-1000 MEETING DATE: 10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of an Agreement for sharing consultant costs for the 2019 America's Water Infrastructure Act's Compliance Risk and Resiliency Assessments and Emergency Response Plans (Phases II and III) with the Municipal Water District of Orange County (MWDOC) Statement of Issue: Submitted for City Council approval is an agreement to share consultant costs for the 2019 America's Water Infrastructure Act (AWIA) Compliance Risk and Resiliency Assessments (RRA) and Emergency Response Plans (ERP). Completion of the RRA and the ERP is a Federal mandate. Financial Impact: Expenditure appropriations totaling $115,000 are budgeted in Water Fund account 50685801.69365 for this project. Recommended Action: Approve and authorize the City Manager to execute the "Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)" with the Municipal Water District of Orange County (MWDOC). Alternative Action(s): Instruct staff to hire a consultant independent of MWDOC. Analysis: Section 2013 of AWIA requires community water systems that serve more than 3,300 people to complete a risk and resiliency assessment (RRA) and develop an emergency response plan (ERP). The RRA is due March 31, 2020, and the ERP is due September 30, 2020. Risk and Resiliency Assessment City of Huntington Beach Page 1 of 3 Printed on 10/16/2019 powered*LegistarT" File #: 19-1000 MEETING DATE: 10/21/2019 Per AWIA, the RRA shall include: 1. The risk to the system from malevolent acts and natural hazards; 2. The resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; 3. The monitoring practices of the system; 4. The financial infrastructure of the system; 5. The use, storage or handling of various chemicals by the system; and 6. The operation and maintenance of the system. Essentially, this expands on the Vulnerability Assessment that all water systems were required to perform in 2002. However, this Assessment includes an assessment of potential natural hazards, cyber threats, and the financial infrastructure. Emergency Response Plan No later than six months after certifying completion of its risk and resilience assessment, each system must prepare or revise, where necessary, an emergency response plan that incorporates the findings of the assessment. The plan shall include: 1 . Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; 2. Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water; 3. Actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and 4. Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. As many of these requirements are similar, if not identical for many of the water agencies in Orange County, MWDOC has retained a consultant, Herndon Solutions Group (HSG) to prepare the RRA and ERP for member agencies who choose to participate. HSG was selected via a Request for Proposal process by MWDOC with member agencies contributing to both the development of the RFP as well as the selection process. A majority of MWDOC member agencies have agreed to participate with the MWDOC effort. The City's $115,000 costs are based on the MWDOC consultant contract divided by the number of agencies participating in the project. Per MWDOC, 23 out of 25 agencies have indicated their intention to participate and are in the process of receiving approval from their respective governing bodies. Partnering with MWDOC will allow the City to benefit from the economy of scale under such common City of Huntington Beach Page 2 of 3 Printed on 10/16/2019 powered${degistar- File #: 19-1000 MEETING DATE: 10/21/2019 requirements rather than bearing these costs entirely by hiring our own consultant. Additionally, with the tight deadline imposed by the EPA on larger water systems to complete the RRA, it would be difficult to retain our own consultant and meet this deadline. Failure to submit either assessment by the deadline could result in a penalty of up to $25,000 per day. At this time, the EPA has still not finalized all details of the requirements in the RRA, but they have indicated that the March 31, 2020 deadline will not be extended. It should be noted that the RRA and ERP will contain sensitive information about the City's Water Infrastructure and therefore, the final assessment will neither be considered in an open City Council session nor will it be submitted to the State Water Resources Board or any other public agency where the document would be subject to the Freedom of Information Act. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. "Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)" with the Municipal Water District of Orange County (MWDOC) City of Huntington Beach Page 3 of 3 Printed on 10/16/2019 p0werec$1r Leg;star-'? FINAL 9-11-19 AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2019 AWIA COMPLIANCE RISK AND RESILIENCY ASSESSMENTS AND EMERGENCY RESPONSE PLANS FOR PARTICIPATING AGENCIES (PHASES II AND III) THIS AGREEMENT is made and entered into as of October 2019, by and between: 1. Irvine Ranch Water District 2. City of Santa Ana 3. South Coast Water District 4. City of Huntington Beach 5. City of Garden Grove 6. Moulton Niguel Water District 7. Santa Margarita Water District 8. City of Fullerton 9. City of Orange 10. East Orange County Water District 11. City of San Juan Capistrano 12. City of Westminster 13.City of Buena Park 14.Yorba Linda Water District 15.City of Tustin 16.City of Newport Beach 17.City of La Habra 18. City of Fountain Valley 19. City of San Clemente 20. El Toro Water District 21.City of Brea 22.City of Seal Beach 23.Trabuco Canyon Water District 24.Serrano Water District, (collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are also collectively referred to as "Parties." RECITALS WHEREAS, per Section 2013 of Title II, America's Water Infrastructure Act ("AWIX), utilities are required to design and complete an AWIA Compliance Crosswalk; conduct a Risk and Resilience Assessment ("RRAs") for their agency; and develop or update an Emergency Response Plan ("ERP"); and WHEREAS, each Participating Agency has the responsibility under AWIA to conduct a RRA and prepare an ERP for its respective agency; and 1 FINAL 9-11-19 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies in conducting RRAs and subsequently preparing or updating an ERP in response to AWIA requirements; and WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals for AWIA Compliance Crosswalks, Risk and Resilience Assessments, and Emergency Response Plans for Orange County Water Utilities, issued Wednesday, May 15, 2019 ("RFP") and HSG, LLC, dba Herndon Solutions Group ("HSG" or"Consultant") was chosen as the successful consultant to prepare each Participating Agency's AWIA Compliance Crosswalk, RRA and ERP; and WHEREAS, Consultant has been retained for three separate and distinct phases of work under the RFP; Phase I, Design and Completion of AWIA Compliance Crosswalks for each of the Participating Agencies; Phase II, conducting RRAs based on AWIA requirements, the Participating Agency's Specific AWIA Compliance Crosswalk and other materials provided by Participating Agencies; and Phase III, updating or creating an ERP for each of the Participating Agencies based on AWIA requirements, the Agency's current ERP, the Agency Specific AWIA Compliance Crosswalk, the Agency Specific RRA, and other materials provided by Participating Agencies; and WHEREAS, Phase I is in the process of being completed under a separate arrangement for MWDOC and Participating Agencies, and the scope of work for Phases II and III will be finalized based on the results of Phase I and execution of this Agreement; and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the selected consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: 1. Engagement of Consultant and Administration of Consultant Agreement MWDOC has executed a professional services agreement for the work identified in the response to the Request for Proposals by HSG for purposes of Phases I, II and III of the RFP ("Consultant Agreement"), and this Agreement is necessary to budget the scope of services for each Participating Agency for Phases II and III along with other MWDOC costs, attached as Exhibit A. MWDOC has amended its standard professional services agreement form for the Consultant Agreement and required appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement requires the consultant's insurer(s) to waive all 2 FINAL 9-11-19 rights of subrogation against MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers. The Consultant Agreement requires Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage. 1.2 MWDOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of Phases II and III; 1.3 MWDOC shall make payments to the Consultant for progress payments as work proceeds. MWDOC shall withhold 10% of each progress payment to Consultant in a retention fund until such time as every Participating Agency has notified MWDOC that it is satisfied with the final RRAs and ERPs prepared for it by Consultant. 1.4 Each Participating Agency shall provide all documents, information and assistance requested by Consultant during the performance of the Consultant Agreement. 1.5 The City of San Juan Capistrano agrees to add MWDOC as an additional protected party, pending approval by the City's insurance provider, the California Joint Powers Insurance Authority. 2. Cost Sharing by Participating Agencies. 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total the full amount of the portion of the total cost allocated to that Participating Agency based on the Consultant's proposal and other MWDOC costs for Phases II and III, as attached in Exhibit A.. The column labeled "Agency Estimated Total Phases 2 & 3 w/Contingency" in Exhibit A includes, and each participating Agency agrees to, a 10% contingency which allows for minor variations in the cost of work as noted in Section 2.2.3 or for additional work that may be added by a Participating Agency per Section 2.2.2); 2.1.2 Inform each Participating Agency of any proposed extra work under the Consultant Agreement that relates to preparation of that Participating Agency's final RRAs and ERPs for Phases II and III and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both approve such extra work before MWDOC will notify Consultant to proceed with the work. 2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3). 3 FINAL 9-11-19 2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies where there are funds due. 2.2 Each Participating Agency shall: 2.2.1 Pay to MWDOC upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total to the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal plus other MWDOC costs, as attached in Exhibit A; 2.2.2 Pay to MWDOC, upon prior written approval of any extra work under the Consultant Agreement that relates to preparation of its final RRAs and ERPs for Phases II and III, the full amount owed for the approved work. Each Participating Agency shall bear all costs associated with extra work it approves. 2.2.3 Note that as Participating Agencies decide to participate or not to participate in Phases II and III, the cost sharing of costs among the Participating Agencies for the Consultant and MWDOC's costs will vary somewhat from agency to agency. Information relative to adjustments in costs among Participating Agencies shall be shared on a periodic basis as decisions are being made by the various Participating Agencies. Also, because the timing of completion of the RRA and ERP vary among agencies, it is allowable to schedule the payment of an invoice for those smaller agencies desiring to pay their deposit out of next year's budget. 3. Accounting Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records. 4. Independent Contractor Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC. 5. Warranty, Indemnification and Defense MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. The Participating Agencies, and each of them, shall indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, 4 FINAL 9-11-19 obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA. As between the Participating Agencies, any costs associated with the indemnity and defense obligations set forth in the previous two sentences shall be the financial responsibility of each Participating Agency based on the same pro rata basis as the allocation of costs set forth in Section 2.1.1 herein and Exhibit A hereto. In the event MWDOC, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a challenge to any work prepared pursuant to the Consultant Agreement in connection with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA, the Participating Agency whose RRA, ERP or AWIA-related work is challenged shall provide a complete defense to MWDOC, its directors, officers, employees and agents and shall reimburse MWDOC for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney's fees. 6. Notice Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: Notices to Parties If to: Municipal Water District of Robert J. Hunter, General Manager Orange County Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 1. Irvine Ranch Water District Paul Cook, General Manager Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618 2. City of Santa Ana Kristine Ridge, City Manager City of Santa Ana P.O. Box 1988, M-24 Santa Ana, CA 92702 5 FINAL 9-11-19 3. South Coast Water District Rick Shintaku, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651 4. City of Huntington Beach Dave Kiff, City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 5. City of Garden Grove Scott Stiles, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842 6. Moulton Niguel Water District Joone Lopez, General Manager Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Niguel, CA 92607-0203 7. Santa Margarita Water District Dan Ferons, General Manager Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA 92690 8. City of Fullerton Ken Domer, City Manager City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832 9. City of Orange Rick Otto, City Manager City of Orange 300 E. Chapman Ave Orange, CA 92866 10. East Orange County Water District Lisa Ohlund, General Manager East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869 11. City of San Juan Capistrano Benjamin Siegel, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 6 FINAL 9-11-19 12. City of Westminster Eddie Manfro, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 13. City of Buena Park Jim Vanderpool, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 14. Yorba Linda Water District Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 15. City of Tustin Matthew West, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 16. City of Newport Beach Grace Leung, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 17. City of La Habra Jim Sadro, City Manager City of La Habra P.O. Box 337 La Habra, CA 90633-0337 18. City of Fountain Valley Rob Houston, City Manager City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 19. City of San Clemente James Makshanoff, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 20. El Toro Water District Dennis Cafferty, General Manager El Toro Water District P.O. Box 4000 Laguna Hills, CA 92654 7 FINAL 9-11-19 21. City of Brea Bill Gallardo, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821 22. City of Seal Beach Jill Ingram, City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740 23. Trabuco Canyon WD Michael Perea, General Manager Trabuco Canyon Water District 32003 Dove Canyon Drive Trabuco Canyon, CA 92679 24. Serrano Water District Jerry Vilander, General Manager Serrano Water District 18021 Lincoln Street Villa Park, CA 92861-6446 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 8. Counterparts and Facsimile This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement. 9. Severability If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 8 I FINAL 9-11-19 10.Term I This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is November 21, 2021. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement. 11. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties. i IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement. E Execution of Agreement by Parties Municipal Water District of Orange County Date: (� a► By: Robert J. Hunter, eral a- r�"ager Municipal Water District of Orange County i Approved as to Form: Date: t 4Byrne GenWal Counsel i { 1 1 9 FINAL 9-11-19 1. Irvine Ranch Water District Date: �� By: Paul Cook, General Manager Irvine Ranch Water District Approved as to Form: Date: January 7, 2020 By: General Counsel 10 A-2019-191 IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement. Execution of Agreement by Parties Municipal Water District of Orange County Date: By: Robert J. Hunter, General Manager Municipal Water District of Orange County Approved as to Form: Date: By: Joseph Byrne General Counsel 1. Irvine Ranch Water District Date: By: Paul Cook, General Manager Irvine Ranch Water District Approved as to Form: Date: By: General Counsel 2. City of Santa Ana Date: By: Krisfine Ridge, City Manager City of Santa Ana AT Test IL 9 Daisy Gomez, MMC Clerk of the Council Approved as to Form: Date: August 26, 2019 By: '�" Ass ant City Attorney 3. South Coast Water District Date: By: Rick Shintaku, General Manager South Coast Water District Approved as to Form: Date: By: Arthur Kidman General Counsel 4. City of Huntington Beach Date: By: Dave Kiff, City Manager City of Huntington Beach Approved as to Form: Date: By: City Attorney 5. City of Garden Grove Date: By: Scott Stiles, City Manager City of Garden Grove Approved as to Form: Date: 10 COUNTERPART FINAL 9-11-19 3. South Coast Water District Date: By: CJ `�L_ Rick Shintaku, General Manager South Coast Water District Approved as to Form: Date: By: AV rthur Ki an General Counsel COUNTERPART 12 FINAL 9-11-19 4. City of Huntington Beach Da 0 a.3 iQ tiverChi, City Mane----' City of Huntington Beach Approved as to Form: Date: By: C Attorney / l COUNTERPART 13 FINAL 9-11-19 5. City of Garden Grove Dater By: Scott Stiles, City M ager City of Garden Grove Approved as to Form: Steven R.Jones, Mayor Date: _ City of Garden Grove By: City Atto n y ATTEST: TERESA POMEROY, CMC City Clerk City of Garden Grove DATED: /G/i 7,41 C1 COUNTERPART 14 FINAL 9-11-19 6. Moulton Niguel Water District Date: l2�3�19 By: Ar Joone Lopez, General Manager Moulton Niguel Water District Approved as to Form: Date: IZ/3 `2-01c� By- V General Couns 1 15 FINAL 9-11-19 7. Santa Margarita Water District Date: Aloe. 7, -,901-7 By: c—acoa!--� Dan Ferons, Mneral Manager Santa Margarita Water District Approved as to Form: By: al ounsel COUNTERPART 16 FINAL 9-11-19 8. City of Fullerton Date.;— Ken Domer, City Manager City of Fullerton Approved as to Form: By: ity Att ey COUNTERPART 17 FINAL 9-11-19 9. City of Orange Date: By: �-- Mark Murphy, Mayor City of Orange tl Attest: Date: O C By. Pame a Coleman City Clerk Approved as to Form: Date: ID.Z i5 By: 942ag:�2& ary A.Abeatz City Attorney COUNTERPART 18 FINAL 9.11-19 10. East Orange County Water District Date: o�Do2 0 By: isa Olund, General Manager Eas range County Water District Approved as to Form: Date: Jmipry 6, 2020 By. va, Y qeffe-&Z-ounsel COUNTERPART 19 FINAL 9-11-19 11. City of San Juan Capistrano Date: " - By: Benjami ,.S'egeI, tity Manager WkCity of San Juan Capistrano Approved as to Form: Date: Cl- (� - 7 0( y By: Cit or 20 FINAL 9-11-19 12. City of Westminster Date: l�7 By: -� t Y Eddie Manfro, City Manager City of Westminster Approved as to For i Date: : 2� By. City Attorney COUNTERPART 21 I FINAL 9-11-19 13. City of Buena Park Date: B : Jim n pool, C ty Manager City o na Park Approved as to Form: Date: 9 Zy �9 By: _ZZ2�0 ris ardinale, City Attorney ATTEST: .,.� � `,� •- cgl.lf0¢1 AURTAM. JIMENEZ, MM CITY CLERK 22 FINAL 9-11-19 15. City of Tustin Date: Z 6 L e� By: / 14le M tt ew est, City Manager City of Tustin Approved as to Form: Dat B ity Attorney 24 FINAL 9-11-19 16. City of Newport Beach Date. _ By: - rac Leung, City Ma er Ci of Newport Beach Approved as to Form: Date: By: City Attorney Attest: Leilani 1. Brown, MMC, CI y Clerk Date: I �• PORT V s� 'q(IFOR 25 FINAL 9-11-19 17. City of La Habra Date: By: Jim sadro,-Executive Director City of a Habra Approved as to Form: Date: u '� By: WR City Attorney 26 FINAL 9-11-19 18. City of Fountain Valley Date: I Z 2-UI "► r By:—��- a e Mayor, Steve Nagel City of Fountain Valley Approved as to Form: September 13, 2019 Date: By: Attorney for the City, Colin Burns 27 FINAL 9-11-19 19. City of San Clemente Date: James Makshanoff, City Manager City of San Clemente Approved as to Form: Date: O ,i'Cht?X' 23 i 200 By City Attorney 28 FINAL 9-11-19 20. El Toro Water District Date: By: Dennis Cafferty, General Manager El Toro Water District Approved as to Form. 12e 4u,,V1 e,4 if 4 e vv,,Il Date: By: 6(il Gran' y General Counsel FINAL 9-11-19 21. City of Brea Date: 0. LvAq��lft - By: M-4 =rpm Bill G I I a-rd-0;3,1 M M a n a City of Brea Approved as to Form: Date: By: City Attomey C 30 FINAL 9-11-19 23. Trabuco Canyon Water District Date: A�and Paludi, General Manager Trabuco Canyon Water District Approved as to Form:MLp Date: 1 * ; ( S I ZD l g By: General Counsel 32 FINAL 9-11-19 24. Serrano Water District Date: By Vl� J ry Vilander, General Manager Serrano Water District Approved as to Form: Date: By.- General Counsel 33 Exhibit A List of Potential Participating Agencies- TOTAL Estimated as of August 13,2019 Including 1D%Contingency Note: totals may change when final participation is known AWIA Scope of Services Selection Phase 1 Phase 3 Emergency Response Agency Agency Crosswalk Phase 2 Risk Plans Estimated Orange County Potable Water Jurisdictions Population AWIA RRA Under and Resilience EstimatedTotal Phases Deadline Total Phases Separate Assessment 2&3 w/ Invoicing Low Medium High 1,2&3 Contingency COSTS $15,205 $83,662 $14,901 $33,085 561,743 Municipal Water District of Orange County 2,300,000 3/31/202.0 $15,205 $83,662 $0 $33,085 $0 $131,9S3 $116,748 Irvine Ranch Water District 412,933 3/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 Santa Ana,City of 338,247 3/31/2020 $15,2 55 $83,662 $0 $61,743 $160,610 $145,405 South Coast Water District 257,386 3/31/2020 $15,205 $83,662 $33,085 $0 $131,953 $116,748 Huntington Beach,City of 201,000 3/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,749 Garden Grove,City of 174,226 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Moulton Niguel Water District••• 171,856 3/31/2020 $15,205 583,662 $0 $0 $61,743 $160,610 $145,405 Santa Margarita Water District 159,104 3/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 Fullerton,City of 140,392 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Orange,City of 140,094 3/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Mesa Water District 110,000 3/31/2020 $0 $0 50 $0 $0 $0 $0 East Orange County Water District••• 100,000 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 San Juan Capistrano,City of"" 34,593 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Westminster,City of 93,179 12/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,669 $98,463 Buena Park,City of 83,347 12/31/2020 $15,205 $93,662 50 $33,085 $0 $131,953 $116,748 Yorba Linda Water District'•' 80,067 12/31/2020 $15,205 $83,662 $0 $33,085 $0 $231,953 $116,749 Tustin,City of 68,088 12/31/2020 $15,205 $83,662 50 $33,085 $0 $131,953 $116,748 Newport Beach,City of"•• 66,800 12/31/2020 $15,205 $83,662 $14,901 $0 $0 $113,668 $98,463 La Habra,City of 63,118 12/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Fountain Valley,City of 59,227 12/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 San Clemente,Cityof 51,522 12/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 EI Toro Water District 49,054 6/30/2021 $15,205 $83,662 $14,901 50 $0 $113,669 $98,463 Brea,City of 43,328 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Seal Beach,City of 25561 6/30/2021 $15,205 $83,662 $0 50 $61,743 $160,610 $145,405 Laguna Beach County Water District 23,000 6/30/2021 $0 $0 $0 $0 $0 $0 La Palma,City of 15,948 6/30/2021 $0 $0 $0 $0 $0 $0 Trabuco Canyon Water District 12,712 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Serrano Water District 6,641 6/30/2021 $15,205 $83,662 $0 $0 561,743 $160,610 $145,405 $380,125 $2,091,558 $74,006 $231,598 $802,653 TOTAL PROJECT $3,579,940 $3,199,815 •'•Agencies cannot yet commit for Phases 2&3 until completion of Phase 1 or Board Approval.Expected ultimate participation level is shown. 34 Exhibit A List of AGENQES- TOTAL Estimated as of January 9,2020`Note Totals may change when final participation is known AWIA Scope of Services Selection Phase 1 phase 2 Risk and Phase 3 Emergency Response Plans Agency Agency AWIA RRA Crosswalk Estimated Estimated Orange County Potable Water Jurisdictions Population Resilience Deadline Separate Assessment Low Medium High Total Phases Total Phases Invoicing 1,2&3 2&3 COSTS $15,205 $83,855 $14,945 $33,229 561,836 Municipal Water District of Orange County 2,300,DD0 3/31/2020 $15,205 $83,855 $D $33,229 $0 $132,289 $117,094 Irvine Ranch Water District 412,933 3/31/2020 $15,205 $93,855 $14,945 $0 $0 $114,005 598,800 Santa Ana,City of 338,247 3/31/2020 $15,205 $83,855 $D $61,996 $160,946 $145,741 South Coast Water District 257,386 3/31/2020 $15,205 $83,855 $33,229 $0 $132,289 $117,094 Huntington Beach,City of 201,000 3/31/2020 $15,205 $93,855 $0 $33,229 $0 $132,289 $117,084 Garden Grove,City of 174,226 3/31/2020 $15,205 $83,855 $0 $0 $61,886 $160,946 $145,741 Moulton Niguel Water District 171,956 3/31/2020 $15,205 $83,855 $0 $0 $61,986 $1501946 $145,741 Santa Margarita Water District 159,104 3/31/2020 $15,205 $83,855 $14,945 $0 $0 $114,005 $98,800 Fullerton,City of 140,392 3/31/2020 $15,205 $0,855 $0 $0 $61,886 $160,946 $145,741 Orange,City of 140,094 3/31/2020 $15,205 $83,855 $0 $33,229 $0 $132,289 $117,094 East Orange County Water District 74,706' 12/31/2020 $15,205 $83,855 $0 $0 $0 $99,060 $93,855 San Juan Capistrano,City of 34,593 6/30/2021 $15,205 $0,855 $0 $0 $61,996 $160,W $145,741 Westminster,City of 93,179 31/2020 $15,205 $83,855 $14,945 $0 $0 $114,005 $98,800 Buena Park,City of 83,347 1/2020 $15,205 $83,855 $0 $33,229 $0 $132,289 $117,084 Tustin,City of 68,088 1/2020 $15,205 $83,855 $0 $33,229 $0 $132,289 $117,084 Newport Beach.City of 66,800 1/2020 $15,205 $93,855 $14,945 $0 $0 $114,005 $98,800 La Habra,City of 63,119 1/2020 $15,205 $83,855 $0 $0 $61,886 $160,946 $145,741 Fountain Valley,City of 59,227 1/2020 $15,205 $93,855 $0 $0 $61,986 $160,946 5145,741 San Clemente,City of 51,522 1/2020 $15,205 $83,855 $0 $0 $61,986 $160,946 $145,741 El Toro Water District 49,054 /2021 $15,205 $83,855 $14,945 $0 $0 $114,005 $98,800 Brea,City of 43,328 /2021 $15,205 $83,855 $0 $0 $61,886 $160,946 $145,741 Trabuco Canyon Water District 12,712 /2021 $15,205 P! $0,855 $0 $0 $61,986 $160,946 $145,741 Serrano Water District 6,641 /30/2021 $15,205 $83,855 $0 $0 $61,886 $160,946 $145,741 $349,715 $1,928,665 $74,723 $199,373 $680,746 TOTAL PROJECT $3,233,222 $2,883,507 City of Huntington Beach =r Tr 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 28, 2019 Municipal Water District of Orange County Attn: Robert J. Hunter, General Manager 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 Dear Mr. Hunter: Enclosed is a fully executed copy of the "Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)" approved by the Huntington Beach City Council on October 21, 2019. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Moore, Tania From: Davis, Chris Sent: Tuesday, June 2, 2020 1:33 PM To: Moore, Tania Subject: RE: Agreement with MWDOC It should not be a problem. The agreement does allow flexibility if any of the agencies decide to either partake at a different level or drop out entirely. From: Moore, Tania <Tania.Moore@surfcity-hb.org> Sent:Tuesday,June 02, 2020 1:13 PM To: Davis, Chris<chris.davis@surfcity-hb.org> Subject: Agreement with MWDOC Hi Chris, We have the signed agreement for sharing consultant costs for the 2019 America's Water Infrastructure Act's Compliance Risk and Resiliency Assessments and Emergency Response Plans (Phases II and III) and upon reviewing it, we are missing pages 11, 23, & 31 of the contract consisting of signatures from the Yorba Linda Water District and the City of Seal Beach. Patty advised that I check with you to see if this will be an issue? Thank you, Tania Moore Deputy City Clerk City Clerk's Office 714-536-5209 tania.moore(d-)surfcity-hb.org 1