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HomeMy WebLinkAboutIrvine Ranch Water District - IRWD - 2025-02-04 (2) 2000 Main Street, oF�u ° 60 Huntington Beach,CA 92648 City of Huntington Beach Nye Ai F�oUNfl 0.\ APPROVED 7-0 File#: 25-021 MEETING DATE: 2/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, Acting City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Kristen Schroeder, Water Quality Supervisor Subject: Approve and authorize the execution of a Cost Sharing Agreement for the development of a template Cross-Connection Control Plan in collaboration with 23 Public Water Systems in Orange County, under the organized leadership of the Irvine Ranch Water District Statement of Issue: In December 2023, the California State Water Resources Control Board, Division of Drinking Water (SWRCB DDW), adopted the Cross-Connection Control Policy Handbook(Handbook), replacing previous drinking water regulations effective July 1, 2024. The Handbook strengthens drinking water safety by requiring Public Water Systems (PWSs) to implement enhanced cross-connection control measures in compliance with Title 17 of the California Code of Regulations. The Handbook mandates that all PWSs prepare and submit a Cross-Connection Control Plan (CCCP) addressing ten specific requirements by July 1, 2025. Submissions must be approved by SWRCB DDWs Santa Ana Regional Water Quality Control Board office. To ensure timely compliance with these requirements, the City of Huntington Beach has partnered with Irvine Ranch Water District and 23 other Orange County PWSs in a collaborative effort. This partnership has engaged John Robinson Consulting to develop a Template Cross-Connection Control Plan (Template Plan), which will provide a customizable framework tailored to each PWS, streamline compliance efforts, and establish consistent regional standards. Financial Impact: Funding in the amount of$6,187.07 is available in the Water Fund Water Quality Business Unit 50685802.69365. Recommended Action: Approve and authorize the City Manager to execute the Cost Sharing Agreement with 23 Public Water Systems in Orange County to ensure compliance with state regulations. City of Huntington Beach Page 1 of 2 Printed on 1/29/2025 powered by LegistarTm 77 File#: 25-021 MEETING DATE: 2/4/2025 Alternative Action(s): If the City Council does not approve the Cost Sharing Agreement, the City of Huntington Beach will have to develop a Cost Connection Control Plan at our own expense. Analysis: To address shared regulatory requirements and ensure compliance with the California State Water Resources Control Board, Division of Drinking Water (SWRCB DDW), the City of Huntington Beach has partnered with 23 other Orange County water agencies in a collaborative effort to develop a Template Cross-Connection Control Plan (Template Plan). The purpose of the cross-connection control plan is to protect the potable water distribution system from possible contamination or pollution that could backflow into the agency's potable water distribution system. This is accomplished by elimination of or control of undiscovered, unauthorized or potential cross- connections on the premise and within the water user's internal water system. This initiative is being led by the Irvine Ranch Water District, which has hired John Robinson Consulting-a recognized expert in cross-connection control and regulatory compliance-to create a customizable framework tailored to meet the specific needs of each participating public water system (PWS). The Template Plan streamlines compliance processes and establishes consistent regional standards, offering an efficient and effective approach to fulfilling regulatory requirements. The City of Huntington Beach will participate in monthly meetings with the consultant and agency representatives to ensure alignment and monitor progress. This collaborative approach minimizes duplication of efforts, fosters resource sharing among participating agencies, and maximizes efficiency and cost-effectiveness. By leveraging the expertise of a consultant hired by Irvine Ranch Water District, the Template Plan will adhere to all applicable technical and regulatory standards. This proactive strategy ensures the City will meet the critical July 1, 2025, deadline for submitting a compliant Cross-Connection Control Plan (CCCP) to the SWRCB DDW. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Cost Sharing Agreement for the Development of Template Cross Connection Control Plan 2. Template Cross Connection Control Plan Fee Estimate 3. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 1/29/2025 powered by Legistar' 78 COST SHARING AGREEMENT (Development of Template Cross-Connection Control Plan) This Development of Template Cross-Connection Control Plan Cost Sharing Agreement ("Agreement") is effective for each party as of the later date of the two signatures below ("Effective Date") and is between IRVINE RANCH WATER DISTRICT ("IRWD"), CITY OF ANAHEIM, CITY OF BREA, CITY OF BUENA PARK, CITY OF FOUNTAIN VALLEY, CITY OF FULLERTON, CITY OF GARDEN GROVE, CITY OF HUNTINGTON BEACH, CITY OF NEWPORT BEACH,CITY OF SAN CLEMENTE,CITY OF SANTA ANA, CITY OF SEAL BEACH,CITY OF TUSTIN,CITY OF WESTMINSTER,EL TORO WATER DISTRICT, LAGUNA BEACH COUNTY WATER DISTRICT, MESA WATER DISTRICT, MOULTON NIGUEL WATER DISTRICT, SANTA MARGARITA WATER DISTRICT, SOUTH COAST WATER DISTRICT, TRABUCO CANYON WATER DISTRICT, YORBA LINDA WATER DISTRICT and CITY OF ORANGE. Each is referred to individually as a "Party," and collectively as the "Parties." A. The California State Water Resources Control Board ("State Board"), which regulates all Public Water Systems ("PWSs") in California, requires PWSs to protect the public water supply by compliance with Title 17 of the California Code of Regulations. The State Board has adopted the Cross-Connection Control Policy Handbook("Handbook"),effective July 1,2024, to establish standards to which each PWS's drinking water distribution system will be subject regarding the backflow of liquids, gases, or other substances. The Handbook requires each PWS, no later than July 1, 2025, to prepare and submit a Control Plan that will describe how the PWS will fulfill the ten requirements identified in the Handbook. Each PWS in Orange County must submit its Control Plan to the Division of Drinking Water at the Santa Ana Regional Water Quality Control Board office for review and approval. B. The Parties have determined that it will be to their joint advantage to collaborate to develop a template for a control plan ("Template Control Plan") that may, with minor modifications, be adapted for use by each of the Parties. The Parties further agree that a qualified consultant with industry knowledge will be required to assist the Parties in developing the Template Control Plan (the "Work"). The Parties will schedule meetings that will be held approximately monthly with the selected consultant to advance the creation of the Template Control Plan. C. The Parties intend by this Agreement to provide the framework under which they will share costs for the selected consultant's Work. - The Parties therefore agree as follows: 1. Contract for the Work. On behalf of all of the Parties, IRWD shall serve as the contracting agency and will request proposals from qualified consultants and ultimately select and enter into a Professional Services Agreement("PSA")with the successful proposer("Consultant") to perform the Work. The selection will be made with the assistance of whichever other Parties volunteer to participate in the selection process. IRWD shall promptly pay all invoices submitted by the Consultant for the Work. At the conclusion of the Work and IRWD's receipt of the Consultant's final invoice,or by August 1,2025,whichever occurs first,IRWD shall invoice each 1 20877033.10 of the Parties (including any additional parties hereafter added to this Agreement pursuant to Section 3, below) for their proportional share of the costs of the Work (as further described in Section 4, below). 2. Scope of Work.The Consultant will develop a specific scope for the Work,budget, and schedule necessary to produce a Template Control Plan that the Parties can adapt to meet requirements of the State Board as set forth in the Handbook. The Consultant will perform the Work on a time-and-materials basis for an estimated not-to-exceed amount of$180,000, which includes 20 percent for contingencies above the Consultant's estimated costs of$150,000. These costs are subject to the cost-sharing provisions set forth in Section 4,below. 3. Additional Parties. In addition to the Parties listed above, additional parties may be added to this Agreement, subject to all of the covenants, terms, and conditions of the Agreement. Additional parties may join this Agreement at any time before completion of the Work upon ' written invitation by one or more of the original Parties, by executing the signature page and delivering an.electronic version to all then-current Parties. Additional parties will be treated as original parties to this Agreement and equally share in the total cost of the Work, as described in Section 4,below. 4. Cost Sharing. The Parties shall share equally the cost of the Work. Each Party's share of the cost will be determined by taking the total invoiced amount from Consultant for all completed Work and dividing that amount by the number of Parties at the conclusion of the Work. At the conclusion of the Work, IRWD will invoice each Party for an equal share of the total cost of the Work. Each Party shall pay IRWD its equal share no later than 60 days after receiving the invoice.Upon the request of any Party,IRWD will provide copies of the Consultant's invoices and IRWD's payment records. 5. Meetings. IRWD shall coordinate all aspects of the Work with the selected Consultant.Any Party may participate in meetings with the Consultant to review interim and final results of the Work. IRWD will schedule meetings of the Parties to facilitate review of the Work, and will schedule meetings with the Consultant and the Parties at the reasonable request of any Party for the same purpose. 6. Indemnity.Each Party shall indemnify,defend,and hold the other Parties,and their officers, agents, and employees harmless from any expense, liability, injury, loss, damage or expense to persons or property (collectively, "Claims")that may arise or may be claimed to have arisen as a result of the development and approval of the Template Control Plan. Each Party's indemnity and defense obligations will not apply to any portion of any Claims determined by a court of competent jurisdiction to have been proximately caused by the negligence, gross negligence or willful misconduct of another Party, its officers, agents, or employees. Notwithstanding the foregoing sentences in this section, each Party is solely responsible for its own costs and expenses associated with the indemnity and defense obligations set forth in this section, and such costs are not subject to cost sharing under this Agreement. This section shall survive the termination or expiration of this Agreement. 7. Property. All documents, data, and written materials furnished by a Party to Consultant shall remain that Party's property and shall be returned to that Party upon request. All 2 20877033.10 documents, data, or written material prepared or caused to be prepared by Consultant, its officers, employees,agents,and subcontractors in the course of implementing this Agreement shall become the joint property of the Parties, and each Party shall have the right to use and modify such materials without further approval or compensation to Consultant or the other Parties. 8. Withdrawal. Any Party may withdraw from this Agreement upon 30 days' written notice to the other Parties.However,the payment obligations of that Party will be pro-rated based on the percent of the Work accomplished up to the withdrawal date. 9. Warranty of Authority. Each person executing this Agreement in a representative capacity represents and warrants that he or she is authorized to execute this Agreement on behalf of and to bind the Party on whose behalf he or she executes the Agreement. 10. Construction. This Agreement will be construed as if the Parties jointly prepared it. 11. No Third Party Beneficiaries. This Agreement is not for the benefit of any person or entity other than the Parties and any additional parties described in Section 3 above. 12. Modification. This Agreement may not be modified by any of the Parties by oral representation made before or after the execution of this Agreement.All modifications must be in writing and signed by the Parties or their successors in interest at the time of modification. 13. Further Documents. The Parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. 14. Governing Law. This Agreement is entered into and will be construed and interpreted in accordance with the laws of the State of California. 15. Execution of Agreement. This Agreement may be executed in multiple counterparts. The signature page of this Agreement may be executed by way of a manual or electronic or digital signature. Delivery of an executed counterpart of a signature page by electronic transmission will be effective. 16. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Agreement. 17. Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any,third person to create the relationship of principal and agent, or partnership or joint venture, or any association between the Parties, and none of the provisions contained in this Agreement or any act of the Parties shall be deemed to create any relationship other than as specified herein. 18. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, by a court of competent jurisdiction,the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 3 20877033.10 19. 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. The Parties are signing this Agreement to be effective as of the Effective Date. IRVINE RANCH WATER DISTRICT Date: By: Paul A. Cook General Manager APPROVED AS TO FORM: Hanson Bridgett,LLP By: IRWD Counsel CITY OF ANAHEIM Date: By: Name: Title: APPROVED AS TO FORM: By: — City Attorney CITY OF BREA Date: By: Name: • Title: APPROVED AS TO FORM: By: City Attorney 4 • 20877033.10 CITY OF BUENA PARK Date: By: Name: Title: APPROVED AS TO FORM: By: City Attorney CITY OF FOUNTAIN VALLEY Date: By: Name: Title: APPROVED AS TO FORM: By: City Attorney CITY OF FULLERTON Date: By: Name: Title: APPROVED AS TO FORM: By: City Attorney 5 20877033.10 CITY OF GARDEN GROVE Date: By: Name: Title: APPROVED AS TO FORM: By: City Attorney CITY OF HUNTINGTON BEACH Date: 0)-05/02a.25- By; X • ,� Name: Travis Hop 'ns Title: Acting City Manager APPROVED AS TO FO : By: e: Michael E. Gates, Esq. Title: City Attorney CITY OF NEWPORT BEACH Date: By: Name: Title: APPROVED AS TO FORM: By: City Attorney 6 20877033.10 CITY OF ORANGE By: Date: Name: Thomas C. Kisela Title: City Manager ATTEST: APPROVED AS TO FORM: Pamela Coleman, City Clerk By: Mike Vigliotta, City Attorney CITY OF SAN CLEMENTE Date: By: Name: • Title: APPROVED AS TO FORM: By: City Attorney CITY OF SANTA ANA Date: By: Name: Title: APPROVED AS TO FORM: By: City Attorney 7 20877033.10 CITY OF SEAL BEACH By: Date: Name: Title: APPROVED AS TO FORM: By: City Attorney CITY OF TUSTIN Date: By: Name: Title: . APPROVED AS TO FORM: By: City Attorney CITY OF WESTMINSTER By: Date: Name: Title: APPROVED AS TO FORM: By: City Attorney 8 20877033.10 EL TORO WATER DISTRICT Date: By: Name: Title: APPROVED AS TO FORM: By: District Counsel LAGUNA BEACH COUNTY WATER DISTRICT Date: By: Name: Title: APPROVED AS TO FORM: By: District Counsel MESA WATER DISTRICT By: Date: Name: Title: APPROVED AS TO FORM: By: District Counsel 9 20877033.10 MOULTON NIGUEL WATER DISTRICT Date: By: Name: Title: APPROVED AS TO FORM: By: District Counsel SANTA MARGARITA WATER DISTRICT • Date: By: Name: Title: APPROVED AS TO FORM: By: District Counsel SOUTH COAST WATER DISTRICT By: Date: Name: Title: APPROVED AS TO FORM: By: District Counsel 10 20877033.10 TRABUCO CANYON WATER DISTRICT Date: By: Name: Title: APPROVED AS TO FORM: By: District Counsel YORBA LINDA WATER DISTRICT By: Date: Name: Title: APPROVED AS TO FORM: By: District Counsel 11 20877033.10 ri Irvine Ranch Water District-Template Cross Connection Control Plan JOHN ROBINSON 4..114 trip rich% Not-to-Exceed Fee rs sA[ct i rc wb•�s q.s rr.c�r� .it Rohtnso, % nr k : Task Project Tasks 'Project , I'utal't „. . I TA)). Printipnl nr Twat.be r t; n: 44 $165 $210 paw, : ,a,,. . ri. a+, wae "s.�i2 g � 3 -' " 1.0 Meetin,_s ---- _ 4 4 8 $1,500 $1,500 Monthl Grou. Meetings 18 meetings -4hrs/mt:includin: i re/.ost .re.oration 72 72 144 $27,000 $500 $27,500 SUBTOTAL 76 76 152 $28,500 $500 $29,000 2.0 Meetings with Individual PWS Cross-Connection Control Teams ---- _Meetin:s with each of the 16 PWS 4 hrs/mt:includint .re/.ost .re.oration 64 64 128 $24,000 $500 $24,500 SUBTOTAL 64 64 128 $24,000 $500 $24,500 3.0 Create Tern i late Cross Connection Control Plan ---- _Pre.are Tem slate CCC Plan-Individual Section 3.1.1 a) 1)through 10) 80 112 192 $36,720 - $36,720 Receive and inco .orate comments-Individual Section 3.1.1 a)(1)through 10) 20 60 80 $15,900 $15,900 Pre.are Draft Tem.late CCCP 16 40 56 $11,040 $11,040 Pre.are Final Draft Tem.late CCCP 8 24 32 $6,360 $6,360 SUBTOTAL 124 236 360 $70,020 $0 $70,020 4.0 As Needed Communications with IRWD ------ _Meetings and Coordination with IRWD staff 24 8 32 $5,640 $5,640 SUBTOTAL 24 8 32 $5,640 $0 $5,640 5.0 Project Mans ement --�--- Progress Re.orts 40 0 40 $6,600 $6,600 SUBTOTAL 40 0 40 $6 600 $0 $6 600 2.0 Meetings with Individual PWS Cross-Connection Control Teams Additional OPTIONAL eight(8)meetings for future PWS 32 32 64 $12,000 $250 $12,250 32 32 64 $12,000 $250 $12,250 TOTAL 360 416 776 $146,760 $ 1,250 $ 148,010 COST TO EACH OF THE 24 PUBLIC WATER SYSTEM ENTITIES $ 6,167.08 Page 1 90 joraintolops- .\ ®w®s�,®®®a®ti®s� , C 4,4 VoRP0fl47 1444 Authorize the execution of a 1 ®0 \ c • '. ® — � Cost Sharing Agreement for the ^y,,�f,,a ,, . , development of a Template _ Cross-Connection Control Plan. February 4, 2025 "' 'A% 440 . 17 1 9 OS 1,l'"ok. .icek a V CI 0 N Ni k.0 iii . . ,„0"- advotorot-orArir 91 Background • California State Water Resources Control Board Division of Drinking Water (SWRCB DDW) adopted the Cross-Connection Control Policy Handbook in December 2023. • Handbook requires Public Water Systems (PWSs) to submit a Cross-Connection Control Plan (CCCP) by July 1 , 2025. • City of Huntington Beach would be joining 23 Orange County Public Water Systems in a ' a PN '© collaborative effort led byIrvine Ranch Water District o' �� � to developa regionally consistent Cross Connection �1 " , g Y Control Plan. '°• ��j s:a1«�a 17 1909 P` •���' ®�� -4. Key Details • Collaborative Effort: • Partnership includes 23 Orange County Public Water Systems ensures a unified plan. • John Robinson Consulting engaged to develop a Template Cross-Connection Control Plan and engage state and local officials for review. • Purpose of the Template Plan: • Address ten specific regulatory requirements. " • Provide a customizable framework for : s �, ,.00RPO84TEoaelep ,. participating agencies to submit by deadline. + o • Streamline compliance processes and establish 44� ' consistent regional standards. ®vp,t.' B,,rno%t !'` Analysis and B • Analysis: • Efficient approach to meeting July 1 , 2025, regulatory deadline. • Monthly progress meetings ensure alignment and updates. • Ensures adherence to technical and regulatory standards. • Benefits: • Reduces duplication of efforts among agencies. Oa • Maximizes efficiency and cost-effectiveness through ;0 ? °"PaR4/40°° ,, resource sharing. • Ensures compliance with SWRCB DDW requirements `4, °° s while enhancing drinking water safety. o.NTPV40i Recommendation • Approve and authorize the City Manager to execute the Cost Sharing Agreement with 23 Public Water Systems, enabling the development of a Template Cross-Connection Control Plan. �B O�(�\ paPaA:T1 .,fv A fj °•.$ 17 i9Ug • �°AT 'CR; ® 3 � - •Y A k �Z" � '. ry S ., h6;s7 .4...,„4„,,, ,,,..,..„,,,,,,,,„�4b.i.',..,-Vi'-'• 0f,4',*.i'°°-9—,,,, °- ,''',-Nre:0,‘..i.,,,'',",,,::.,.:QuesLions • :* L lit i , tte 4 t,, 8 $ ,a`� a5 ,aa �& ` .x �`r ,� q'.}.551`y .�ay > 4 � qad�:�� le lift 1`Is a111 _ .K ... -- . ',.„,.,,,,---,,,,krz.Tiv,.,‘1 ill ' fi .. — 'A'' i is ji.k. {41 -4 f z .fig , ewe c ` , ''''',#;‘‘ .:•41t..t.i.',=.11 .0.,' ' .4. i.„.„...,,f;,,,,.4,',„ • he«