HomeMy WebLinkAbout20C - AA MUSSELS STUDY FUNDINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 20, 2019
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT AND AGREEMENTS WITH
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA AND
ORANGE COUNTY WATER DISTRICT
FOR FUTURE SUPPLY ACTIONS
FUNDING PROGRAM MUSSELS STUDY
($122,796 EACH AGREEMENT)
(STRATEGIC PLAN NO. 5, 2)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 181 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY TXNAGER
Approve an appropriation adjustment recognizing $122,796 in Metropolitan Water District of
Southern California Future Supply Actions Funding Program funds into the Public Works Water
Revenue, Miscellaneous Recoveries revenue account, and appropriating the same amount into
the Water Admin/Engineering Contract Services Professional expenditure account.
2. Authorize the City Manager and Clerk of the Council to execute an agreement with the
Metropolitan Water District of Southern California through its Future Supply Actions Funding
Program for the Restoration of Local Recharge Sources from Invasive Dreissenid Mussels
Study, for the term commencing May 7, 2019, through December 31, 2021, for an amount not
to exceed $122,796.
3. Authorize the City Manager and Clerk of the Council to execute agreement with the Orange
County Water District to complete the Restoration of Local Recharge Sources from Invasive
Dreissenid Mussels Study, for the term commencing May 7, 2019, through December 31, 2021,
at a 50%-share cost not to exceed $122,796.
DISCUSSION
The Metropolitan Water District of Southern California (MWD) issued a Request for Proposals to
Metropolitan member agencies for technical studies or pilot projects under the Future Supply
Actions Funding Program (FSA Funding Program) to enable effective future resource planning and
potential development of recycled water, seawater desalination, stormwater, and groundwater
enhancement. As the lead member agency, the City of Santa Ana partnered with Orange County
20C-1
Agreements with MWD and OCWD for Restoration of Local Recharge Sources
from Invasive Dreissnid Mussels Study
August 20, 2019
Page 2
Water District (OCWD) and Trussell Technologies to submit a proposal entitled "Restoration of
Local Recharge Sources from Invasive Dreissenid Mussels" (Study).
Ever since their discovery in Lake Mead in 2007, quagga mussels (Dreissena bugensis) have
spread through MWD's Colorado River Aqueduct (CRA) as far south as Lake Skinner, near
Temecula. As of December 2017, quagga mussels have been detected in 43 locations in
California. To minimize the spread of quagga mussels, MWD chlorinates CRA water, starting at
Copper Basin reservoir, close to the eastern end of the CRA, and at other locations, such as Lake
Matthews. Despite this effort, quagga mussels have infested reservoirs used for capture of local
runoff, as well as rivers, streams, and canals used to convey both local supplies and imported
supplies to groundwater replenishment facilities. This is important because OCWD uses many of
the same facilities to recharge imported water and local sources, such as stormwater. As a result,
the presence of quagga mussels presents a barrier to the efficient use of these dual -use facilities
and has affected the ability to maximize the capture and recharge of local supplies. This, in turn,
affects the amount of water available to those that rely on the groundwater basin for water supplies.
As an example, Irvine Lake, which is owned and operated by the Irvine Ranch Water District
(IRWD), receives both imported CRA water and local storm flow. Downstream of Irvine Lake are
OCWD's Santiago Basins which are gravel mines that were converted to groundwater
replenishment facilities in the early 1990s. In the 1990s, water from Irvine Lake was discharged to
Santiago Basins via Santiago Creek for groundwater replenishment. These deliveries are no longer
possible due to the presence of the quagga mussel in Irvine Lake and the potential for infesting
Santiago Creek and Santiago Basins.
The City of Sana Ana is one of 19 major retailers in the OCWD service area, serving a population
of over 334,000. As a groundwater producer in the OCWD service region, the City relies upon
OCWD's management of the Orange County groundwater basin for three-quarters of its water
supply. This Study is designed to examine ways to maximize the recharge of both imported and
local supplies, which will, in turn, increase available water supplies to the City, and others that rely
on the groundwater basin.
The total cost of the Study is $245,592. On January 31, 2019, the City was notified that MWD
authorized the proposal under the FSA Funding Program, which will cover half of the total Study
cost. In addition to OCWD, other agencies contributing funding to the Study include the Water
Replenishment District of Southern California, United Water Conservation District, the Main San
Gabriel Watermaster, and the Central Basin Municipal Water District. The Study is slated to be
completed by February 2021.
As lead agency, the City will need to enter into two agreements. The first is with MWD (Exhibit 1)
and the second is with OCWD (Exhibit 2). The City will receive invoices from OCWD and issue
payments for the MWD share of the costs. Subsequently, City will submit invoices to MWD for
reimbursement. MWD will not reimburse the City until it issues payments to OCWD. As a result,
City funds.will be used to temporarily facilitate the transfer of funds between MWD and OCWD. At
20Ci-2
Agreements with MWD and OCWD for Restoration of Local Recharge Sources
from Invasive Dreissnid Mussels Study
August 20, 2019
Page 3
the end of the project, MWD, OCWD, and other contributing agencies will cover all project costs
and there will be no cost to the City.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #2 (Expand opportunities for conservation and
environmental sustainability).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The cost of the Study is $245,592, half of which will be paid by OCWD and the other half paid by
MWD. There is no net cost to the City. However, the City must pay the MWD share of the costs —
not to exceed $122,796 — before reimbursement is made.
The requested Appropriation Adjustment will recognize $122,796 in Metropolitan Water District of
Southern California Future Supply Actions Funding Program funds into the Public Works Water
Revenue, Miscellaneous Recoveries revenue account (No. 06017002-57010), and appropriate the
same amount into the Water Admin/Engineering Contract Services -Professional expenditure
account (No. 06017645-62300).
OCWD invoices will be paid out of the Water Administration and Engineering expenditure account
in FY 19-20 and budgeted in subsequent years as indicated below:
Fiscal
Accounting Unit
Fund
Accounting Unit, Account
Year
— Account #
Descri tion
Description
Amount
REVENUE
Public Works Water
FY 19/20
06017002-57010
Water
Revenue, Miscellaneous
$100,000
Recoveries
Public Works Water
FY 20/20
06017002-57010
Water
Revenue, Miscellaneous
$22,796
Recoveries
Total Appropriation:
$122,796
20C-3
Agreements with MWD and OCWD for Restoration of Local Recharge Sources
from Invasive Dreissnid Mussels Study
August 20, 2019
Page 4
Fiscal
Accounting Unit
Fund
Accounting Unit, Account
Amount
Year
— Account #
Description
Descri tion
EXPENDITURE
Water Admin/Engineering,
FY 19/20
06017645-62300
Water
Contract Services -
$100,000
Professional
Water Admin/Engineering,
FY 20/20
06017645-62300
Water
Contract Services -
$22,796
Professional
Total Contract Amount:
$122,796
Fuad Sweiss
Executive Dir
Public Works
FS/NS/RR
Exhibits: 1. Santa Ana MWD Agreement
2. Santa Ana OCWD Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Kathryn Downs, CPA
Executive Director 07
Finance and Management Services Agency
20C-4
EXHIBIT 1
AGREEMENT
BETWEEN
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF SANTA ANA
FUTURE SUPPLY ACTIONS FUNDING PROGRAM
AGREEMENT NUMBER
189280
20C-5
Table of Contents
Paragraph..............................................................................................................................................Page
Contract Cover Page
ExplanatoryRecitals........................................................................................................................
1
Termsof
Agreement.......................................................................................................................
2
1.
Scope of Work.....................................................................................................................
2
2.
Time and Term....................................................................................................................
2
3.
Agreement Administrators.................................................................................................2
4.
Independent Contractor.....................................................................................................
3
5.
Consultants and Sub-consultants.......................................................................................
3
6.
Metropolitan's Maximum Amount Payable and Reimbursement Procedure
.................... 4
7.
Billings and Payments.........................................................................................................
4
8.
Reporting Requirements.....................................................................................................
6
9.
Business Outreach Program................................................................................................
6
10.
Successors and Assignment................................................................................................
7
11.
Use of Materials..................................................................................................................
7
12.
Intellectual Property...........................................................................................................
7
13.
Nonuse of Intellectual Property of Third Parties................................................................
8
14.
Representations..................................................................................................................8
15.
Legal Requirements............................................................................................................9
16.
Guarantee and Warranty....................................................................................................
9
17.
Access to Metropolitan Premises.......................................................................................
9
18.
Indemnity............................................................................................................................
9
19.
Insurance...........................................................................................................................
10
20.
Audit..................................................................................................................................13
21.
Equal Employement Opportunity, Affirmative Action, and Notification of Employee
RightsUnder the NLRA.....................................................................................................
14
22.
Prohibited Relationships with Sanctioned Countries and Persons ..................................
15
23.
Conflict of Interest and Gift Restrictions..........................................................................
15
24.
Use of Metropolitan's Name............................................................................................
16
25.
Termination.......................................................................................................................16
26.
Force Majeure Events.......................................................................................................
16
City of Santa Ana i Agreement
No. 189280
20C-6
27. Notices ..........................................
28. Severability....................................
29. Jurisdiction and Venue ..................
30. Waiver ...........................................
31. Entire Agreement ..........................
32. Joint Drafting .................................
Signature Page ..........................................
Exhibit A —Scope of Work
Exhibit B — Sample Invoice
Exhibit C— Semi-annual Progress Reports
Exhibit D — Final Report Format
Exhibit E—ACORD Form or Equivalent
City of Santa Ana
................................................ 17
................................................ 18
................................................ 18
................................................ 18
................................................ 18
................................................ 19
................................................ 20
Agreement No. 189280
20C-7
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AGREEMENT NO. 189280
FOR FUTURE SUPPLY ACTIONS FUNDING PROGRAM
This Agreement is between THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public agency of the State of California, organized and existing under The
Metropolitan Water District Act of the State of California, hereinafter referred to as
Metropolitan, and CITY OF SANTA ANA, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California, hereinafter referred to as
Agency.
Explanatory Recitals
1. Metropolitan is a public agency of the State of California engaged in transporting,
storing, and distributing water in the counties of Los Angeles, Orange, Riverside, San Diego, San
Bernardino, and Ventura, within the State of California.
2. This Agreement is entered into with Agency in response to a 2018 Request for
Proposals (RFP) for Future Supply Actions Funding Program, dated July 6, 2018, as an approach
to fund Metropolitan member agency studies and research under this program as approved in
Board Letter 8-6 dated April 10, 2018. Metropolitan, through its Future Supply Funding Program
(FSA Funding Program), provides funding to member agencies for technical studies or pilot
projects that reduce barriers to future production of recycled water, stormwater, seawater
desalination, and groundwater resources. Metropolitan convened a technical review panel that
reviewed and scored each proposal submitted by Metropolitan member agencies in accordance
with the criteria and weight identified in the RFP. Board Letter 9-2 dated December 11, 2018,
describes the final RFP selection process. Agency was selected through this RFP process.
Metropolitan and Agency agree to enter into an agreement for the RESTORATION OF LOCAL
RECHARGE SOURCES FROM INVASIVE DREISSENID MUSSELS study, hereinafter referred to as
Study.
City of Santa Ana 1 Agreement No. 189280
20C-8
3. Metropolitan desires to enter into this agreement with the Agency, and Agency
desires to perform the work according to the terms set forth hereinafter.
Terms of Agreement
1. Scope of Work
a. Metropolitan hereby engages Agency to perform the work described in
detail in the Scope of Work, attached hereto as Exhibit A.
b. Agency shall provide study deliverables according to the schedule as set
forth in Exhibit A. Each task identified in Exhibit A shall have a clearly defined deliverable, date
for completion of task, and associated cost for each task.
C. Agency may adjust task descriptions, task budget amounts, and task
schedules in Exhibit A, from time to time, upon written notice to and approval by Metropolitan;
however, Agency must certify that any such adjustments do not materially change the basic
scope of work, the scheduled final Study completion date, and/or the Maximum Cost to
Metropolitan as identified in this Agreement.
d. Agency shall be responsible for verifying completion of a consultant's or
sub -consultants work in accordance with Exhibit A.
2. Time and Term
Time is of the essence in the performance of services under this Agreement. This
Agreement is in effect from May 7, 2019 through December 31, 2021, subject to earlier
termination pursuant to Section 25 Termination below.
3. Agreement Administrators
a. In performing the work under this Agreement, Agency shall coordinate all
contact with Metropolitan through its Agreement Administrator. For purposes of this
Agreement, Metropolitan designates Mr. Don Bentley as the Agreement Administrator.
Metropolitan reserves the right to change this designation upon written notice to Agency.
City of Santa Ana 2 Agreement No. 189280
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b. For purposes of this Agreement, Agency designates Mr. Nabil Saba, Water
Resources Manager, as the Agreement Administrator for the Agency. Agency reserves the right
to change this designation upon written notice to Metropolitan.
4. Independent Contractor
Agency agrees to complete the Scope of Work detailed in Exhibit A under this
Agreement in the capacity of an independent contractor and neither Agency and its participating
entities, consultants, and sub -consultants nor any of their employees shall be considered to be
an employee or agent of Metropolitan. Participating entities are other public and private entities,
separate from Agency, which Agency has indicated are participating in the study, as identified in
Exhibit A.
5. Consultants and Sub -consultants
a. Agency shall be responsible to Metropolitan for all work to be performed
under this Agreement. All consultants and sub -consultants and their billing rates shall be
approved by the Agency and shall be reflected in consultant and sub -consultant invoices
submitted by Agency to Metropolitan. Agency shall be liable and accountable for any and all
payments or other compensation to all consultants and sub -consultants performing services
under any Agency agreement that is necessary and applicable to the performance and
completion of this Agreement. Metropolitan shall not be liable for any payment or other
compensation for any consultants or sub -consultants.
b. Agency's contracts with consultants and sub -consultants shall require
consultants and sub -consultant to maintain Workers' Compensation and Automobile Liability
insurance as required by the State of California and include the following articles: Intellectual
Property, Nonuse of Intellectual Property of Third Parties, Audit, Indemnity and Equal
Employment Opportunity and Affirmative Actions as set forth in this Agreement.
C. As applicable, Agency's use of consultants and sub -consultants shall
adhere to the requirements of Metropolitan's Business Outreach Program as provided herein.
City of Santa Ana 3 Agreement No. 189280
20C-10
6. Metropolitan's Maximum Amount Payable and Reimbursement Procedure
a. Metropolitan's payment for the study is not to exceed $122,796 or fifty
(50) percent of the total cost expended per task as established in Exhibit A, whichever is less.
Agency shall be responsible for all costs in excess of Metropolitan's match payment.
b. Agency must include documentation in the invoice that it did reimburse
responsible parties for the costs in the invoice period. The invoice should include a cover letter
with a brief summary of the work completed under the costs invoiced and a discussion of any
milestones reached or problems encountered during the period invoiced.
C. For each invoice, Metropolitan will pay up to seventy-five (75) percent of
eligible reimbursable costs and will withhold twenty-five (25) percent of eligible reimbursable
costs in retention until a final report is submitted and accepted by Metropolitan. Agency shall
promptly notify the Agreement Administrator, in writing, when fees and expenses incurred under
this Agreement have reached $92,100 (75% of maximum amount allowable).
d. In -kind services are not eligible for reimbursement and shall not be
included in Agency invoices to Metropolitan. In -kind services include, but are not limited to, work
performed by staff of Agency or staff of Agency's participating entities contributing funding to
Study, and related expenses (e.g., travel, overhead, etc.).
e. Eligible costs include work starting no earlier than May 7, 2019, which is in
compliance with the requirements of this Agreement and as set forth in Exhibit A.
f. All invoices related to the Study must be submitted by Agency to
Metropolitan by August 31, 2021 to be considered for payment under the provisions of this
agreement. Invoices received after August 31, 2021 will not be paid unless Metropolitan, in its
sole discretion, grants Agency, in writing, an extension of time to complete the work and submit
its invoices.
7. Billings and Payments
a. Agency shall submit monthly invoices to Metropolitan's Accounts Payable
Section, whose email address is AccountsPayableBusiness@mwdh2o.com, and provide a copy to
the Agreement Administrator at dbentley@mwdh2o.com. Agency address change must be
City of Santa Ana 4 Agreement No. 189280
20C-11
submitted in writing to Metropolitan's Professional Services Contracting Team, at
AgreementAddressChangePmwdh2o.com. Without proper notification of an address change,
Agency's invoice payment may be delayed.
b. The individual listed in the agreement as Agency's Agreement
Administrator or other identified designee shall sign and certifythe invoice to be true and correct
to the best of his/her knowledge.
i. Agency is to provide all the relevant information required by Exhibit
B — Sample Invoice, attached to this Agreement, when submitting its invoices to Metropolitan.
ii. Agency's consultant and sub -consultant labor charges shall be
itemized by date of service, employee name, title/classification, corresponding labor rate,
number of hours worked, description of work performed, total amount due for labor charges,
and shall include the following affirmation:
"By signing this invoice, Agency certifies that work described herein
is an accurate and correct record of services performed for Metropolitan under this agreement
and this work has not been billed on any other client or study partner invoices."
iii. Invoices shall itemize allowable expenses and include receipts for
which reimbursement is sought for any items over Ten Dollars ($10.00). Attached receipts
should itemize each cost and provide descriptive information so that expenses are separately
identified.
iv. Agency shall attach a copy of each consultant and sub -consultant
invoice for which reimbursement is sought. Consultant's and sub -consultants invoices shall set
forth the actual rates and expenses charged to Agency.
C. Subject to the approval of the Agreement Administrator, Metropolitan shall make
payment to Agency 45 days after date of the invoice. Metropolitan will reject incomplete and
inaccurate Agency invoices and will return such invoices to Agency within 45 days after the date
of the invoice. In such cases of rejected invoices, Agency will submit a new, corrected invoice
with a new invoice number and new date. Metropolitan will not approve payment to Agency
City of Santa Ana 5 Agreement No. 189280
20C-12
until a full, complete, and accurate invoice has been submitted. Agency's invoices submitted 90
days after completion of work, may be delayed or not paid.
d. The final invoice shall be clearly marked "FINAL INVOICE." It shall be
submitted after the final report is accepted by Metropolitan and should include a request for the
release of the 25 percent retention.
S. Reporting Requirements
a. Agency shall submit to Metropolitan semi-annual progress reports within
45 days of the end of the preceding six month periods, in accordance with the reporting schedule
in Exhibit A and Agency shall include, at a minimum, the items listed in Exhibit C, Semi-annual
Progress Report Format. Agency shall document all activities and expenditures to date in the
semi-annual reports. The submittal of these reports is a requirement for ongoing disbursement
of funds.
b. Agency shall prepare and submit to Metropolitan, upon completion of the
Study, a Final Report, which shall include, at a minimum, the items listed in Exhibit D, Final Report
Format. The Final Report shall be provided in hard copy 3 copies and in digital format prior to
final payment of funds retained by Metropolitan.
C. Agency shall prepare and deliver a presentation on the findings of the
study during a concluding symposium scheduled and organized by Metropolitan.
d. Failure of an Agency to submit progress reports or the final report within
the timeframe established in Exhibit A or within any authorized extension of time will be a breach
of this Agreement.
9. Business Outreach Program
It is the policy of Metropolitan Water District to solicit participation in the
performance of all construction, professional services, procurement contracts, supplies, and
equipment procured by Metropolitan by all individuals and businesses, including but not limited
to small businesses, locally owned businesses, women, minorities, disabled veterans, and
City of Santa Ana 6 Agreement No. 189280
20C-13
economically disadvantaged enterprises. In performing services under this Agreement, Agency
shall endeavor to further this policy whenever practicable.
10. Successors and Assignment
This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Agency, including its participating entities, consultants, and
sub -consultants, shall not assign or transfer its interest in this Agreement.
11. Use of Materials
Metropolitan will make available to Agency such materials from its files as may be
required by Agency to perform services under this Agreement. Such materials shall remain the
property of Metropolitan while in Agency's possession. Upon termination of this Agreement and
payment of outstanding invoices of Agency, or completion of work under this Agreement, Agency
shall turn over to Metropolitan any property of Metropolitan in its possession and any
calculations, notes, reports, electronic files, or other materials prepared by Agency in the course
of performing the services under this Agreement.
12. Intellectual Property
a. All intellectual property pursuant to this Agreement shall be owned by
Agency and Agency hereby grants Metropolitan and its member public agencies a perpetual,
nonexclusive license, at no cost, to use the intellectual property developed in the course of the
work performed under this Agreement by Agency or any contractor and consultant working on
Study as described in Exhibit A. As used herein, the term "intellectual property" includes, but is
not limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade
secrets, other confidential information and software.
b. Agency agrees that all results produced in the performance of this
Agreement may be released to the public.
C. Metropolitan may utilize any material prepared or utilize work performed
by Agency pursuant to this Agreement, including computer software, in any manner which
City of Santa Ana 7 Agreement No. 189280
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Metropolitan deems proper without additional compensation to Agency. Agency shall have no
responsibility or liability for any revisions, changes, or corrections made by Metropolitan, or any
use or reuse pursuant to the paragraph unless Agency accepts such responsibility in writing.
d. Agency shall include the following language in its agreement with any
consultant or contractor retained by Agency to work on the Study: "All intellectual property
developed pursuant to this Agreement is owned by Agency. As used herein, the term 'intellectual
property' includes, but is not limited to, all inventions, patents, copyrightable subject matter,
copyrights, test data, trade secrets, other confidential information and software created or
prepared pursuant to this agreement."
e. Agency shall promptly notify Metropolitan, in writing, of all intellectual
property conceived or developed in the course of Agency's work for Metropolitan under this
Agreement.
13. Nonuse of Intellectual Property of Third Parties
Agency shall not use, disclose or copy any intellectual property of any third parties
in connection with work carried out under this Agreement, except for intellectual property for
which Agency has a license. Agency shall indemnify and hold Metropolitan harmless against all
claims raised against Metropolitan based upon allegations that Agency has wrongfully used
intellectual property of others in performing work for Metropolitan.
14. Representations
Each Party represents that it is represented by legal counsel, that it has reviewed
this Agreement and agrees that:
a. This Agreement is legally enforceable;
b. Payments made by Metropolitan to Agency pursuant to this Agreement
are a legal use of Metropolitan's funds; and,
C. Metropolitan may legally recover the costs incurred by Metropolitan
pursuant to this Agreement in the water rates charged to its Member Agencies, including Agency.
City of Santa Ana 8 Agreement No. 189280
20C-15
15. Legal Requirements
Agency shall secure and maintain all licenses or permits required by law and shall
comply with all ordinances, laws, orders, rules, and regulations pertaining to the work.
16. Guarantee and Warranty
a. Agency guarantees and warrants that the work shall be performed and
completed in accordance with generally accepted industry standards, practices, and principles
applicable to the work.
b. Metropolitan's representatives shall at all times have access to the work
for purposes of inspecting same and determiningthat the work is being performed in accordance
with the terms of this Agreement.
17. Access to Metropolitan Premises
a. At least two business days in advance of any work to be performed on
Metropolitan premises, Agency shall provide to the Agreement Administrator the names of its
personnel or sub -consultant personnel requiring access to Metropolitan premises, intended work
locations, and durations of work. The Agreement Administrator shall provide to the Security
team manager or his designee written notification listing the names of the individuals requiring
access, explaining the business need for these individuals to receive the requested access, and
reflecting his/her approval. Except in extraordinary circumstances, all work on Metropolitan's
premises shall be scheduled during Metropolitan's normal working days and hours. Metropolitan
shall make a good faith effort to accommodate Agency's request, however, Metropolitan's
operations and other conflicts may require rescheduling all or part of Consultant's work.
18. Indemnity
a. Agency assumes all risk of injuryto its employees, agents, consultants, sub -
consultants, and contractors, including loss or damage to property, in the performance of this
Agreement, except for those losses due to Metropolitan's negligence, recklessness or willful
misconduct.
City of Santa Ana 9 Agreement No. 189280
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b. Agency shall defend, indemnify, and hold harmless Metropolitan, its Board
of Directors, officers, employees, and agents from and against all claims, suits, or causes of action
for injury to any person or damage to any property to the proportionate extent arising out of,
pertaining to, or related to Agency's and its participating entities', consultants', and sub -
consultants negligence, recklessness or willful misconduct in the performance of this Agreement,
including any claims, suits, or causes of action by any employee of the Agency and its participating
entities, consultants, and sub -consultants relating to his or her employment status with
Metropolitan and/or rights to employment benefits from Metropolitan.
19. Insurance
a. Agency shall procure and maintain for the duration of this Agreement
insurance, or a program of self insurance, against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
the Agency and its participating entities, consultants, and sub -consultants, and their agents,
representatives, or employees.
b. Agency shall sustain proof of insurance coverage in an updated ACORD
form (attached hereto as Exhibit E), or equivalent, and incorporated by reference, during the
term of this Agreement. Failure to provide the updated insurance ACORD form, or equivalent,
annually may result in the withholding of Agency's invoice payment. Agency shall list the
agreement number on the ACORD form, or equivalent, and email to Metropolitan's Agreement
Administrator at dbentley@mwdh2o.com and a copy to Aereementlnsurance@mwdh2o.com or
fax to 213-576-6158.
C. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office Commercial Liability coverage
(occurrence Form CG0001).
ii. Insurance Services Office Form Number CA 0001 covering
Automobile Liability, Code 1, (any auto).
City of Santa Ana 10 Agreement No. 189280
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Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
iv. Professional Liability or Errors and Omissions Liability insurance
appropriate to the Agency's profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability."
d. Minimum Limits of Insurance
Agency shall maintain limits no less than:
i. General Liability: Including operations, products and completed
operations as applicable, $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the study or
location, or the general aggregate limit shall be twice the required occurrence limit.
property damage.
ii. Automobile Liability: $1,000,000 per accident for bodily injury and
iii. Workers' Compensation: Shall be furnished in accordance with
statutory requirements of the State of California and shall include Employer's Liability coverage
of $1,000,000 per accident for bodily injury or disease.
iv. Professional Liability or Errors and Omissions Liability: $1,000,000
per claim, with a $2 million aggregate.
e. Deductibles and Self -Insurance Retentions: Any deductibles or self -
insured retentions must be declared to and approved by Metropolitan. At the option of
Metropolitan, either: the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respect to Metropolitan, its officers, officials, employees, agents and volunteers; or
the Agency shall provide a financial guarantee satisfactory to Metropolitan guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
City of Santa Ana 11 Agreement No. 189280
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f. Verification of Coverage: Agency shall furnish Metropolitan with original
certificates and amendatory endorsements affecting coverage required by this clause. The
endorsements and certificates are to be received and approved by Metropolitan prior to the
commencement of work. Metropolitan reserves the right to require complete, certified copies
of all required insurance policies, including endorsements affecting coverage, and coverage
binders required by these specifications at any time.
g. Acceptability of Insurers: Insurance is to be placed with California
admitted insurers with a current A.M. Best's rating of no less than A:VIII. A non -admitted carrier
may be used with prior approval from Metropolitan, with an A.M. Best rating of no less than A:
X. an exception to these standards will be made forthe State Compensation Insurance Fund when
not specifically rated.
h. General Liability and Automobile Liability Endorsements: The commercial
general liability policy and automobile policies are to contain, or be endorsed to contain, the
following provisions:
Metropolitan, its officers, officials, employees and agents are to be
covered as additional insureds as respect to liability arising out of work or operations performed
by or on behalf of the Agency; or automobiles owned, leased, hired or borrowed by the Agency.
ii. For any claims related to this study, the Agency's insurance
coverage shall be primary insurance as respect to Metropolitan, its officers, officials, employees,
and volunteers. Any insurance or self-insurance maintained by Metropolitan, its officers,
officials, employees or agents shall be excess of the Agency's insurance and shall not contribute
with it.
iii. Each insurance policy required by this clause shall not be canceled
by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to Metropolitan.
City of Santa Ana 12 Agreement No. 189280
20C-19
iv. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Other Endorsements and Insurance Provisions
All rights of subrogation under the property insurance policy (if the
policy is required) have been waived against Metropolitan.
ii. The workers' compensation insurer, agrees to waive all rights of
subrogation against Metropolitan for injuries to employees of the insured (Agency) resulting
from work for Metropolitan or use of Metropolitan's premises or facilities.
iii. If General Liability, Pollution and/or any Asbestos Pollution Liability
and/or professional liability or Errors & Omissions coverage are written on a claims -made form:
1) The "Retro Date" must be shown, and must be before the
date of the contract or the beginning of contract work.
2) Insurance must be maintained for at least five (5) years
after completion of the contract work. On Metropolitan's request, Agency shall provide evidence
of insurance verifying that coverage is/was in effect during said five-year period.
3) If coverage is canceled or non -renewed, and not replaced
with another claims -made policy form with a "Retro Date" prior to the contract effective date,
the Agency must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
4) A copy of the claims reporting requirements must be
submitted to Metropolitan for review if requested.
20. Audit
a. Agency shall be responsible for ensuring the accuracy and propriety of all
billings and shall maintain all supporting documentation for the period specified below.
City of Santa Ana 13 Agreement No. 189280
20C-20
b. Metropolitan will have the right to audit Agency's invoices and all
supporting documentation for purposes of compliance with this Agreement during the term of
this Agreement and for a period of three years following completion of services under this
Agreement.
i. Agency shall be responsible for maintaining the supporting
documentation for a period of three years following completion of services under this agreement
C. Upon reasonable notice from Metropolitan, Agency shall cooperate fully
with any audit of its billings conducted by Metropolitan and shall permit access to its books,
records and accounts as may be necessary to conduct such audits.
21. Equal Employment Opportunity, Affirmative Action. and Notification of Employee Rights
Under the NLRA
Metropolitan is an equal opportunity employer and a federal contractor. Consequently,
the parties agree that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a),
41 CFR 60-300.5(a), and 41 CFR 60-741.5(a) and that these regulations are incorporated herein
by reference. These regulations prohibit discrimination against qualified individuals based on
their status as protected veterans or individuals with disabilities and prohibit discrimination
against all individuals based on their race, color, religion, sex, or national origin. These
regulations require that covered prime contractors and subcontractors take affirmative action
to employ and advance in employment individuals without regard to race, color, religion, sex,
national origin, protected veteran status, or disability. The parties additionally agree that, as
applicable, they will abide by the written affirmative action program requirements of 41 CFR 60-
1.40, 41 CFR 60-300.40, and 41 CFR 60-741.40. The parties also agree that, as applicable, they
will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart
A), relating to the notice of employee rights under federal labor laws. The parties further agree
that, as applicable, they will abide by the requirements of Federal Acquisition Regulation Clauses
52.222-26 (Equal Opportunity), 52.222-35 (Equal Opportunity for Veterans), 52.222-36
(Affirmative Action for Workers with Disabilities), and 52.222-40 (Notification of Employee Rights
Under the National Labor Relations Act) and that these regulations are incorporated herein by
City of Santa Ana 14 Agreement No. 189280
20C-21
reference. Agency agrees to submit to Metropolitan evidence of compliance with this section,
as applicable, within 30 days of a request.
22. Prohibited Relationships with Sanctioned Countries and Persons
Agency represents and warrants that both 1) Agency, and 2) to Agency's
knowledge, its directors, officers, employees, subsidiaries, participating entities, consultants, and
sub -consultants, are not engaged in any business transactions or other activities prohibited by
any laws, regulations or executive orders relating to terrorism, trade embargoes or money
laundering ("Anti -Terrorism Laws"), including Executive Order No. 13224 on Terrorist Financing,
effective September 24, 2001 (the "Executive Order"), the Patriot Act, and the regulations
administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of
Treasury, including those parties named on OFAC's Specially Designated Nationals and Blocked
Persons List. Agency is in compliance with the regulations administered by OFAC and any other
Anti -Terrorism Laws, including the Executive Order and the Patriot Act. In the event of any
violation of this section, Metropolitan shall be entitled to immediately terminate this Agreement
and take such other actions as are permitted or required to be taken under law or in equity.
23. Conflict of Interest and Gift Restrictions
a. Agency represents that it has advised Metropolitan in writing prior to the
date of signing of this Agreement of any known relationships with a third party, Metropolitan's
Board of Directors, or employees which would (1) present a conflict of interest with the work
performed under this Agreement, (2) prevent Agency from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
b. Agency is hereby notified that Sections 7130 and 7131 Metropolitan's
Administrative Code, the California Political Reform Act ("PRA") and regulations of the Fair
Political Practices Commission ("FPPC") prohibit Metropolitan Board members, officers and
employees from receiving or agreeingto receive, directlyor indirectly, any compensation, reward
or gift from any source except from his or her appointing authority or employer, for any action
related to the conduct of Metropolitan's business, except as specifically provided in the
City of Santa Ana 15 Agreement No. 189280
20C-22
Administrative Code Sections 7130 and 7131, the PRA and FPPC regulations. Agency agrees not
to provide any prohibited compensation, reward or gift to any Metropolitan Board member,
officer or employee.
24. Use of Metropolitan's Name
Agency and its participating entities, consultants, and sub -consultants shall not
publish or use any advertising, sales promotion, or publicity in matters relating to services,
equipment, products, reports, and material furnished by Agency and its participating entities,
consultants, and sub -consultants in which Metropolitan's name is used, or its identity implied
without the Agreement Administrator's prior written approval. This provision survives the
termination of this Agreement.
25. Termination
a. Metropolitan may terminate this Agreement with or without cause by
providing written notice to Agency not less than thirty days prior to an effective termination date.
Metropolitan's only obligation in the event of termination will be payment of fees and expenses
incurred, including any retainage withheld by Metropolitan, in conformity with this Agreement
up to and including the effective date of termination.
b. Agency may terminate this Agreement with or without cause by providing
written notice to Metropolitan not less than thirty days prior to an effective termination date.
Metropolitan's only obligation in the event of termination will be payment of fees and expenses
incurred in conformity with this Agreement up to and including the effective date of termination.
C. This Agreement may be terminated by Metropolitan upon written notice
to the Agency if work on the Study has not started by January 31, 2020.
26. Force Maieure Events
a. Excuse to Performance: In addition to specific provisions of the
Agreement, lack of performance by any Party shall not be deemed to be a breach of this
Agreement, where delays or defaults are due to acts of God, or the elements, casualty, strikes,
City of Santa Ana 16 Agreement No. 189280
20C-23
lockouts, or other labor disturbances, acts of the public enemy, orders or inaction of any kind from
the government of the United States, the State of California, or any other governmental, military
or civil authority (other than Metropolitan, or another party to this Agreement), war,
insurrections, riots, epidemics, landslides, lightning, droughts, floods, fires, earthquakes, civil
disturbances, freight embargoes, or any other inability of any Party, whether similar or dissimilar
to those enumerated or otherwise, which are not within the control of the Party claiming such
inability or disability, which such Party could not have avoided by exercising due diligence and
care and with respect to which such Party shall use all reasonable efforts that are practically
available to it in orderto correct such condition (such conditions being herein referred to as "Force
Majeure Events").
b. Responding to Force Majeure Events: The Parties agree that in the event
of a Force Majeure Event which substantially interferes with the implementation of this
Agreement, the Parties will use their good faith efforts to negotiate an interim or permanent
modification to this Agreement which responds to the Force Majeure Event and maintains the
principles pursuant to which this Agreement was executed.
27. Notices
Any notice or communication given under this Agreement shall be effective when
deposited, postage prepaid, with the United States Postal Service and addressed to the
contracting parties as follows:
Metropolitan Water District
of Southern California
Post Office Box 54153
Los Angeles, CA 90054-0153
Attention: Mr. Don Bentley
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA
Attention: Clerk of Council
With copy to: Executive Director, Public
Works Agency
(at same address)
Either party may change the address to which notice or communication is to be
sent by providing advance written notice to the other party.
City of Santa Ana 17 Agreement No. 189280
20C-24
28. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable,
in whole or in part, such provision shall be modified to the minimum extent necessary to make it
legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining
provisions shall not be affected thereby.
29. Jurisdiction and Venue
This Agreement shall be deemed a contract under the laws of the State of
California and for all purposes shall be interpreted in accordance with such laws. Both parties
hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and
that the proper venue of any action brought thereunder is and shall be Los Angeles County,
California.
30. Waiver
No delay or failure by either party to exercise or enforce at any time any right or
provision of this Agreement shall be considered a waiver thereof or of such party's right
thereafter to exercise or enforce each and every right and provision of this Agreement. A waiver
to be valid shall be in writing but need not be supported by consideration. No single waiver shall
constitute a continuing or subsequent waiver.
31. Entire Agreement
a. This writing 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 which are not set forth herein. Except
as provided herein, this Agreement may not be modified or altered without formal amendment
thereto.
b. Notwithstanding the foregoing, and to realize the purpose of this
Agreement, the Agreement Administrator may issue a written modification to the Scope of Work,
if this modification will not require a change to any other term of this Agreement.
City of Santa Ana 18 Agreement No. 189280
20C-25
32. Joint Drafting
Both parties have participated in the drafting of this Agreement.
City of Santa Ana 19 Agreement No. 189280
20C-26
Signature Page
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
last written below.
CITY OF SANTA ANA- - - -- - - THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By:
Kristine Ridge
City Manager
By:
Fuad Sweiss, PE, PLS
Executive Director Of Public Works Agency
Date:
APPROVED AS TO FORM:
Sonia Carvalho
City Attorney
By: SI 0 PlM �W,
JoFaM.Funk
Assistant City Attorney
Date:
ATTEST
0
Daisy Gomez
Clerk of the Council
Bv:
Jeffrey Kightlinger
General Manager
By:
Brad Coffey
Manager, Water Resource Management
Date:
APPROVED AS TO FORM:
Marcia L. Scully
General Counsel
By:
Deputy General Counsel
Date:
City of Santa Ana 20 Agreement No. 189280
20C-27
Exhibit A- Scope of Work
Restoration of Local Recharge Sources from Invasive Dreissenid Mussels
2.0 Study Objective
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. If such a method is identified, it could lead to restoring the use of
facilities for recharge of local water sources, such as stormwater.
2.0 Background Information
In January 2007, quagga mussels (Dreissena bugensis) were discovered at a marina in the Nevada
portion of Lake Mead, and two other lakes on the Colorado River, Lake Mohave and Lake Havasu.
Soon thereafter, the mussels spread through the Metropolitan Water District of Southern
California's (MWD's) Colorado River Aqueduct (CRA) as far south as Lake Skinner, near Temecula.
As of December 2017, quagga mussels have been detected in 43 locations in California. So far,
State Water Project (SWP) aqueducts and reservoirs have not been impacted, although there
were detections of quagga mussels in Pyramid Lake and other areas of the SWP in December
2016.
To minimize the spread of quagga mussels, MWD chlorinates CRA water, starting at Copper Basin
reservoir, close to the eastern end of the CRA and at other locations, such as Lake Matthews.
Despite this effort, quagga mussels have infested reservoirs used for capture of local runoff as
well as rivers, streams and canals used to convey both local supplies and imported supplies to
groundwater replenishment facilities. This is important because multiple entities that recharge
local water sources, such as storm water, use many of the same facilities to recharge imported
water. As a result, the presence of quagga mussels presents a barrier to the efficient use of these
dual use facilities and has affected the ability to maximize the capture and recharge of local
supplies, such as storm water.
As an example, Irvine Lake, which is owned and operated by the Irvine Ranch Water District
(IRWD), receives both imported CRA water and local storm flow. Downstream of Irvine Lake are
OCWD's Santiago Basins which are open gravel pits that were converted to groundwater
replenishment facilities in the early 1990s. In the 1990s, water from Irvine Lake was discharged
to Santiago Basins via Santiago Creek for groundwater replenishment. These deliveries are no
longer possible due to the presence of the quagga mussel in Irvine Lake and the potential for
infesting Santiago Creek and Santiago Basins.
On the San Gabriel River, multiple entities, including the Main San Gabriel Basin Watermaster
and the Water Replenishment District of Southern California (WRD) divert storm water from the
San Gabriel River into spreading grounds adjacent to the river. In October 2017, MWD found
quagga mussels in the San Gabriel Riverthat came from deliveries of MWD water. Although steps
were taken to desiccate the river and prevent the spread of quagga mussels, it is possible that
20C-28
further infestations will occur and hamper the use of the San Gabriel River and associated
spreading facilities for the capture and recharge of local storm water.
In the Santa Clara River watershed, United Water Conservation District (UWCD) captures storm
flows from the Piru Creekwatershed in Lake Piru, as well as imports a small amount of SWP water
from Pyramid Lake. UWCD then releases the stored water in late summer, recharging the
downstream groundwater basins, including the coastal Oxnard Plain. When Lake Piru became
infested with quagga mussels in late 2014, the California Department of Fish and Wildlife (CDFW)
ordered UWCD to limit discharges to downstream recharge facilities, to limit the spread of
quagga mussels. UWCD's downstream recharge facilities are the primary source for the cities of
the Oxnard Plain, which are also served by MWD via its member agency Calleguas Municipal
Water District (Calleguas). Groundwater has historically provided approximately half of the
water for this portion of Calleguas' service area. Quagga mussel -induced limitations on UWCD's
groundwater recharge will shift additional burden onto Calleguas and MWD. UWCD is currently
working with CDFW, U.S. Fish and Wildlife, and National Marine Fisheries Service to develop an
eradication plan for Lake Piru using EarthTec QZ that could potentially be implemented within
the next few years.
California Department of Fish and Wildlife Regulations
The California Department of Fish and Wildlife (CDFW) has a mandate to prevent the spread of
quagga mussels. As a result, CDFW requires the preparation of Dreissenid Mussel Monitoring,
Response and Control Plans (Plan) for any facility that is impacted.
Desiccation is the primary method of mitigating for quagga mussel infestations. Although
desiccation can work for isolated spreading grounds, it is less feasible in rivers and streams and
impossible in large reservoirs unless they can be fully drained. For OCWD, the Plan contains a
requirement that OCWD use imported water for recharge only in basins that can be desiccated
(dried out) for two weeks. In addition, these basins must be drained and dried prior to the storm
season to prevent potential conveyance of quagga mussels -laden water to other basins or to the
Santa Ana River. Moreover, one of the most effective recharge facilities, the Santa Ana River,
cannot be fully utilized because it cannot be fully desiccated. These restrictions present a barrier
to both the recharge of imported water and the capture of storm water, which reduces the
recharge of local supplies and the overall efficiency of groundwater replenishment operations.
The recharge of imported and storm water are considered together because OCWD, as with other
entities, use their facilities for storage, conveyance and recharge of both sources of supply.
The WRD has also been affected by the potential for infestations of waterways used to convey
both imported and storm water by quagga mussels. The Los Angeles County Department of
Public Works (LACDPW) owns the conveyance and spreading facilities used by WRD for the
recharge of storm water, recycled water and imported water. Due to the potential for quagga
mussel infestations, imported deliveries from the Colorado River have not been approved by
LACDPW for many years. When deliveries were made in 2017, an infestation of quagga mussels
was found in the San Gabriel River in October 2017 even though the supplies were mostly from
the SWP.
20C-29
Restoring Local Recharge Sources
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. In 2016, Trussell conducted an extensive literature review for OCWD
of potential treatment technologies for the quagga mussel, including free chlorine, chloramines,
ozone, ultraviolet radiation, and potassium permanganate. Proprietary molluscicides were not
considered in this Study. Trussell found that the literature contains many studies examining
treatment for adult mussels, but limited research on veligers. The veliger stage is the final larval
stage of the quagga mussel, when they are mobile, having two ciliated flaps for swimming and
feeding. Of the treatment methods examined, chlorine, chloramine and ozone were found to
have promise; however, they present several challenges, such as needing quenching prior to
discharge to a stream or river (chlorine, chloramine), formation of disinfection byproducts
(chlorine), and high capital costs (ozone). In fact, one of the constraints that MWD faces with
chlorine dosing at Lake Matthews is the formation of disinfection byproducts.
An alternative method of treating for quagga mussels is EarthTec QZ, which is an EPA -registered
molluscicide for prevention and control of quagga and zebra mussels. This product has been
shown to be effective in eradicating quagga mussels and veligers in samples obtained from Lake
Mead. Based on the Lake Mead study, an EarthTec QZ concentration of 3 mg/L, which produces
a copper concentration of 0.18 mg/L, resulted in complete veliger mortality within 30 minutes.
The effectiveness of EarthTec QZ and moderate cost, which is estimated at $20/acre-feet (for
EarthTec QZ concentration of 3 mg/L), suggest that it has the potential be a cost-effective method
to safely treat impacted sources of water, such as local reservoirs and imported water supplies;
however, site -specific testing is needed to develop the proper dose required in local sources and
to obtain approval by CDFW. Eventual approval by CDFW will allow for expanded use of currently
infested facilities and open the use of facilities that are not currently infested, which would
reduce barriers to groundwater replenishment, including the recharge of local supplies such as
storm water.
3.0 Study Description
OCWD staff, along with Trussell, would conduct the Study. In general terms, the Study will test
the response of quagga veligers to various doses of EarthTec QZ at five locations: Lake Matthews,
OCWD's OC-28 connection in Anaheim, Lake Piru, MWD connection CenB-28, and one other
location to be determined. Live veligers would be collected at each location. Subsets of the
collected veligers would be exposed to different concentrations of EarthTec QZ and their
response would be monitored overtime. This work would be conducted in existing or temporary
field labs located at or near where the veliger samples are collected. This is important to
minimize the potential for veliger die -off during transport.
In addition to examining the effectiveness of EarthTec QZ on quagga veligers, the Study includes
an assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers.
This work will be conducted in parallel with the dose -response veliger testing. Trussell will
consult with aquatic microbiology experts, CDFW staff, review available literature, and examine
regulations to evaluate the water quality impacts of EarthTec QZ.
20C-30
Up to eight meetings are budgeted to ensure there is maximum collaboration with all Study
stakeholders at all stages of the Study.
Participating Entities and Supporting Entities
Participating entities include:
• Orange County Water District
• Water Replenishment District of Southern California
• United Water Conservation District
• Main San Gabriel Watermaster
• Central Basin Municipal Water District
• California Department of Fish and Wildlife (CDFW)
• California Department of Water Resources (DWR)
All the listed entities above, except for CDFW and DWR, are contributing financially to this Study.
CDFW and DWR are contributing staff time and providing technical assistance to the Study.
4.0 Description of Tasks
Task 1 Evaluation of EarthTec QZ Veliger Treatment
Bench scale testing will be completed at five surface water locations to establish quagga mussel
veliger dose -response curves with exposure to EarthTec QZ and determine the lowest
concentration that could be used to kill quagga veligers.
Testing is proposed at:
• Lake Matthews,
• OCWD's OC-28 connection in Anaheim,
• Lake Piru, and;
• MWD's CenB-28 connection
• One additional site to be identified in cooperation with Study partners.
Each site will be assessed for any available documentation of seasonal changes in veliger
populations, and sample collection and testing will be scheduled to target periods of high veliger
populations. Samples of raw surface water and quagga mussel veligers will be collected from
each of the surface water sites with plankton tow nets. To minimize veliger die -off, all veliger
dose -response tests will be completed in field lab space close to the collection sites, with water
and veliger samples collected on the same day.
Veliger samples will first be assessed for density of live (physically moving or tissue movement of
veliger), dead (cracked shells or degraded tissue), or empty shell (with no tissue and only shell
remaining). If veliger concentrate contains >1% dead to live veliger density, the plankton
collection will not be used. The veliger concentrate will be divided into testing beakers to achieve
approximately 100 to 200 live veligers per test replicate, ranging in size from D-shaped (>63 µm)
20C-31
to pediveligers (< 300 µm). If the veliger population size is not large enough to achieve desired
densities, at least 30 veligers will be tested per replicate.
Four exposure doses of EarthTec QZ will be investigated and a control will be included for each
duration, with a maximum of three exposure durations. At least three replicates per exposure
dose and duration will be completed and will be tested at a maximum of two temperatures. Once
the exposure duration for each test condition is complete, the proportion of live and dead quagga
mussels will be analyzed with fast green stain. In addition to the veliger assessment, each test
beaker will be evaluated for copper (total and dissolved), dissolved oxygen, conductivity, pH, and
temperature at the start of the experiment and at the end of the exposure time. Raw surface
water samples will be monitored for total organic carbon (TOC), copper (total and dissolved),
dissolved oxygen, conductivity, pH, and temperature.
Task 2 Toxicity Assessment
An assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers —
present in the surface water will be completed in parallel with the dose -response veliger testing
(Task 1). Trussell will consult with aquatic microbiology experts, CDFW staff, review available
literature, and examine regulations to evaluate the water quality impacts of EarthTec QZ. In
conjunction with Task 1 testing, surface water samples will be collected and dosed with EarthTec
QZ to assess water quality impacts and toxicity. Slides will be prepared to communicate the
proposed test plan. The toxicity testing will include up to three replicates with two doses of
EarthTec QZ and assessment of toxicity for two aquatic indicator species.
Task 3 Proiect Management
The projectteam will work closely with OCWD and funding partners to coordinate testing events,
provide updates of Study results, and communicate progress on Study activities. Trussell will
attend up to eight meetings with project partners and prepare slides to communicate results and
progress.
Project staff will provide a presentation of the sudy findings at a symposium being held by MWD.
20C-32
5.0 Deliverables
Submittal Due
Task/Subtask
Deliverables
Date
Task 1, Evaluation of EarthTec QZ
Veliger Dose -Response Test Plan
Q3 2019
Veliger Treatment
Technical Memorandum
Q42020
Test Plan (slides)
Q3 2019
Task 2, Toxicity Assessment
Technical Memorandum 2
Q4 2020
Draft Report
Q2 2021
Tasks 1, 2 Final Reporting
Final Report
Q3 2021
Symposium Presenation
Fall 2021
Task 3, Project Management
Slides for project meetings
Various
6.0 Cost Estimate
Total Study
Requested
Task No.
Task Description
Cost
Metropolitan
Funding Match
Task 1,
Bench scale testing at five surface water locations
Evaluation of
to establish quagga mussel veliger dose -response
EarthTec QZ
curves with exposure to EarthTec QZ and
$154,180
$77,090
Veliger
determine the lowest concentration that could be
Treatment
used to kill quagga veligers.
Task 2,
An assessment of the toxicity of EarthTec QZ for
Toxicity
aquatic species —other than quagga veligers —
aquatic
$62,228
$31,114
Assessment
present in the surface water will be completed in
with the dose -response veliger testing.
Coordinate testing events, provide updates of
Task 3,
Study results, and communicate progress on
Project
Study activities. Host eight meetings with project
$29,184
$14,592
.Management
partners and prepare slides to communicate
results and progress.
Totals
$245,592
$122,796
20C-33
7.0 Schedule
A r
P
Jul
Oct
Apr
P
Jul
Oct
Apr
Jul
Oct
Jan-
-
Jan-
-
Jan-
-
-
-
Mar
Jun
$e
Dec
Mar
Jun
Se
Dec
Mar
Jun
Se
Dec
P
P
P
2019
2020
2021
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Task
Task Name
1
Collect and compile
available data
1
Develop Draft Veliger
Dose Response Test Plan
1
Stakeholder Review
Meeting 1
1
Finalize Veliger Dose
Response Test Plan
Conduct Field
1
Sampling/Dose
Response Testing
1
Compile Results
Semi -Annual Progress
1,2
Report 2019 No. 1 (May
2019 — December 2019)
1
Conduct Additional
Sampling (If needed)
Semi -Annual Progress
1,2
Report 2020 No. 1
(January 2020—JuneIm
2020)
1
Compile Season 2
Results (If needed)
1
Stakeholder Review
'
Meeting 3 (If needed)
w
1
Prepare Draft Technical4.=::
Memorandum 1
;
-
A
1
Review Draft Technical
Memorandum 1
1
Submit Final Technical
Memorandum 1
r
Semi -Annual Progress
F=-.
1,2
Report 2020 No. 2 (Julys,
2020 — December 2020).
2
Develop Toxicity Test
Plan
2
Stakeholder Review
Meeting 1
20C-34
Jan-
Apr
Jul
-
Oct
Jan-
Apr
Jul
-
Oct
Jan-
Apr
-
Jul
-
Oct
-
Mar
Jun
$e
Dec
Mar
Jun
$e
Dec
Mar
Jun
Se
Dec
P
P
P
2019
2020
2021
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Task
Task Name
2
Finalize Toxicity Test
Plan
2
Conduct Toxicity Testing
2
Compile Results
2
Stakeholder Review
Meeting 2
2
Conduct Additional
Testing
(If needed)
2
Compile Season 2
Results (If needed)
2
Stakeholder Review
Meeting 3 (If needed)
2
Prepare Draft Technical
Memorandum 2
2
Review Draft Technical
Memorandum 2
2
Submit Final Technical
Memorandum 2
1,2
Draft Final Report
1,2
Final Report
3
Symposium Presentation
of Study Findings
3
Project Management
*First Semi -Annual Report of 2019 will include a summary of work conducted in May -June 2019.
20C-35
Reporting Schedule
• Semi -Annual Progress Report 2019 No. 1* (May 2019 — December 2019) .. February 15, 2020
• Semi -Annual Progress Report 2020 No. 1 (January 2020—June 2020)............ August 15, 2020
• Semi -Annual Progress Report 2020 No. 2 (July 2020— December 2020) ..... February 15, 2021
DraftFinal Report ...........................................................................................................May 31, 2021
FinalReport ........................................................................................................... July 31, 2021
• Agency presentation on study findings at concluding symposium .............................. Fall 2021
*First Semi -Annual Report will include a summary of work conducted in May -June 2019.
20C-36
Exhibit B- Sample Invoice
BILL TO
INVOICE
Metropolitan Water District of Southern California
Accounts Payable Section
P.O. Box 54153
Los Angeles, CA 90054-0153
AccountsPaVableBusiness@mwdh2o.com
AGENCY NAME
INVOICE DATE
INVOICE NUMBER
INVOICE PERIOD
ADDRESS
STUDY NAME
CONTACT
CONTACT PHONE
AGREEMENT NUMBER
MAXIMUM AWARD AMOUNT
AMOUNT PREVIOUSLY INVOICED
AWARD AMOUNT REMAINING
ITEMIZED EXPENSES
TASK
DETAILED DESCRIPTION
(e.g., consultant costs and hours, materials and supplies, lab costs,
etc.)
COST
TOTAL COSTS
TOTAL ELIGIBLE COSTS (UP TO 50% OF TOTAL COSTS)
RETENTION (25% of total eligible reimbursable costs)
TOTAL ELIGIBLE REQUEST - RETENTION
BY SIGNING THIS INVOICE, AGENCY CERTIFIES THAT WORK DESCRIBED HEREIN IS AN ACCURATE AND CORRECT
RECORD OF SERVICES PERFORMED FOR METROPOLITAN UNDER THIS AGREEMENT AND THIS WORK HAS NOT BEEN
BILLED ON ANY OTHER CLIENT OR STUDY PARTNER INVOICES.
STUDY MANAGER
20C-37
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Exhibit C— Semi-annual Progress Reports
Agency shall include, at minimum, the following items in the Semi -Annual Progress Reports.
1. Cover Letter
Provide a brief description of the submittal, including the amount invoiced in the respective invoice
period, a list of items being submitted, and contact information. The letter must be signed and include
the following language:
"I am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Semi -Annual Progress Report
2.1 Study Status
a) Describe work performed during the semi-annual period, by task.
b) Describe major accomplishments, such as:
i. Tasks achieved
ii. Milestones met and deliverables completed
iii. Meetings held or attended
iv. Press release, etc.
c) Where applicable, describe how the activities carried out differed from the plans outlined in
the Study Scope of Work. Identify any problems encountered in the performance of the work
under this Agreement, and how these matters were addressed.
d) If the semi-annual period's objectives were not met, explain why and how these goals will be
approached for the next reporting period.
2.2 Cost Information
a) Identify costs incurred during the quarter by Agency and each partnering/supporting entity
working on the Study.
b) Discuss how the actual budget is progressing in comparison to the latest Study budget.
Describe any differences that occurred, identifying budget impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised budget, by task, if changed from the latest Study budget.
2.3 Schedule Information
a) Provide a Study schedule showing actual progress versus planned progress from the latest
schedule.
b) Discuss how the actual schedule is progressing in comparison to the latest Study schedule.
Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised schedule, by task, if changed from the latest Study schedule.
20C-39
Exhibit D — Final Report Format
Agency shall include, at minimum, the following items in the Final Report.
1. Cover Letter
Provide a brief description of the submittal, including the total amount of funds disbursed, a list of
items being submitted, and contact information. The letter must be signed and include the following
language:
"1 am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Final Report
2.1 Executive Summary
a) Briefly summarize the content of the main report.
2.2 Introduction
a) Provide an overview of the work performed and accomplishments achieved throughout
the duration of the Study.
b) Briefly describe the findings of the study.
c) Describe the role/involvement of each partnering/supporting entity and their relationship to
the Study.
2.3 Cost Summary
a) Include a summary of the costs incurred and of funds disbursed throughout the duration of
the Study.
b) Provide a comparison between the planned budget in the Agreement and the actual budget.
Justify any differences that occurred, identifying budget impacts and/or problems
encountered, and how these matters were addressed.
2.4 Schedule Summary
a) Include a summary of all tasks accomplished throughout the duration of the Study.
b) Provide a comparison between the planned schedule in the Agreement and the actual
schedule. Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and how these matters were addressed.
2.5 Study Results and Analysis
a) Describe and provide an analysis of the Study results and findings in detail.
b) Were the Study goals and objectives as proposed achieved? Explain.
c) Discuss any major problems that occurred in meeting the Study goals and objectives, including
how, and if, they were resolved.
d) Explain how the findings of the Study can be applied to other areas of the region.
What types of obstacles, if any, would be anticipated before implementation/application can
occur, and how could these matters be addressed?
2.6 Conclusion
a) Describe lessons learned.
b) Describe the next steps of the Study (e.g., applicability of the results, topics that may require
additional research, new programs that should be developed, policy amendments, etc.).
20G-40
Exhibit E—ACORD Form or Equivalent
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CERTIFICATE OF ISSUE DATE (INAVDDNI)
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20C-41
20C-42
EXHIBIT 2
AGREEMENT
BETWEEN
CITY OF SANTA ANA
AND
ORANGE COUNTY WATER DISTRICT
FUTURE SUPPLY ACTIONS FUNDING PROGRAM
OCWD AGREEMENT NUMBER
2629/022499-0003
13498849.12.08/01/19
20C-43
TABLE OF CONTENTS
Page
1.
Scope of Work..................................................................................................................2
2.
Time and Term..................................................................................................................2
3.
Agreement Administrators................................................................................................2
4.
Independent Contractor.....................................................................................................3
5.
Consultants and Sub-consultants......................................................................................3
6.
City,'s Maximum Amount Payable and Reimbursement Procedure.................................3
7.
Billings and Payments.......................................................................................................4
8.
Reporting Requirements...................................................................................................5
9.
Business Outreach Program..............................................................................................
5
10.
Successors and Assignment..............................................................................................5
11.
Use of Materials................................................................................................................5
12.
Intellectual Property..........................................................................................................6
13.
Nonuse of Intellectual Property of Third Parties..............................................................6
14.
Representations.................................................................................................................7
15.
Legal Requirements..........................................................................................................7
16.
Guarantee and Warranty ...................................................................................................7
17.
Indemnity ..........................................................................................................................
7
18.
Insurance...........................................................................................................................
8
19.
Audit.................................................................................................................................
8
20.
Prohibited Relationships with Sanctioned Countries and Persons ...................................
8
21.
Conflict of Interest and Gift Restrictions..........................................................................9
22.
Use of Metropolitan's Name.............................................................................................9
23.
Termination.......................................................................................................................9
24.
Force Majeure Events.......................................................................................................9
25.
Notices............................................................................................................................10
26.
Severability .....................................................................................................................10
27.
Jurisdiction and Venue....................................................................................................10
28.
Waiver.............................................................................................................................10
29.
Entire Agreement............................................................................................................11
30.
Dispute Resolution..........................................................................................................11
31.
Service Marks and Trademarks......................................................................................11
32.
Joint Drafting..................................................................................................................11
Exhibit A- Scope of Work
Exhibit B- Sample Invoice
Exhibit C - Semi-annual Progress Reports
Exhibit D - Final Report Format
2629/022499-0003
13498849.12.08101119 -I-
20C-44
THE CITY OF SANTA ANA
FOR FUTURE SUPPLY ACTIONS FUNDING PROGRAM
This Agreement is between the CITY OF SANTA ANA, a charter city of the State of
California, organized and existing under the Constitution of the State of California, hereinafter
referred to as City, and ORANGE COUNTY WATER DISTRICT, hereinafter referred to as
OCWD.
Explanatory Recitals
1. City is a local municipal agency chartered under the Constitution of the State of
California.
2. This Agreement is entered into between City and OCWD, a special act district duly
organized and existing in the State of California pursuant to the Orange County Water District Act
("OCWD Act"), and the City.
3. The Metropolitan Water District ("Metropolitan") is a public agency of the State of
California, organized and existing under The Metropolitan Water District Act, hereinafter referred
to as Metropolitan. City is a member agency of Metropolitan.
4. On August 28, 2018, City working together with OCWD responded to a 2018
Metropolitan Request for Proposals ("RFP") for Future Supply Actions Funding Program ("FSA
Funding Program"), dated July 6, 2018, to obtain funding from Metropolitan to conduct studies
and research under the Program as approved in Board Letter 8-6 dated April 10, 2018.
5. Metropolitan, through its FSA Funding Program, provides funding to member
agencies for technical studies or pilot projects that reduce barriers to future production of recycled
water, stormwater, seawater desalination, and groundwater resources. Metropolitan convened a
technical review panel that reviewed and scored each proposal submitted by Metropolitan member
agencies in accordance with the criteria and weight identified in the RFP. Board Letter 9-2 dated
December 11, 2018, describes the final RFP selection process. City was selected through this RFP
process. Metropolitan and City have entered, or will enter, into an agreement (the "FSA
Agreement") for funding of a study entitled RESTORATION OF LOCAL RECHARGE
SOURCES FROM INVASIVE DREISSENID MUSSELS, hereinafter referred to as "Study."
6. OCWD is not a Metropolitan member agency but has significant expertise
regarding recycled water, stormwater, seawater desalination, and groundwater resources and has
assisted City in developing the proposal for the Study. Thus, OCWD has the expertise, facilities,
equipment, and technical expertise necessary to conduct the Study in coordination with the City in
accordance with the FSA Agreement and all other applicable requirements.
7. City desires OCWD to perform the Study as described in the Scope of Work, Costs,
and Schedule attached hereto and incorporated herein as Exhibit A, and OCWD desires to
complete the Study in conformance with Metropolitan's requirements and grant conditions. The
Study governed by this Agreement is of mutual interest to OCWD and City, and furthers City's
2629/022499-0003
13498849.12 a08/01/19 1
20C-45
goals of conducting technical studies or pilot projects that reduce barriers to future production of
recycled water, stormwater, seawater desalination, and groundwater resources pursuant to the RFP.
8. City desires to enter into this agreement with OCWD, and OCWD desires to
perform the Study according to the terms set forth hereinafter.
9. Therefore, in reliance on the commitments and obligations set forth herein, and with
the intention of being legally bound hereby, the parties agree as follows:
Terms of Agreement
1. Scope of Work
a. City hereby engages OCWD to perform the work described in detail in the
Scope of Work, Costs, and Schedule attached hereto as Exhibit A.
b. OCWD shall provide Study deliverables according to the schedule as set
forth in Exhibit A. Each task identified in Exhibit A shall have a clearly defined deliverable, date
for completion of task, and associated cost for each task.
C. To the extent authorized by City's FSA Agreement with Metropolitan,
OCWD may adjust task descriptions, task budget amounts, and task schedules in Exhibit A, from
time to time, upon written notice to and approval by City; however, OCWD must certify that any
such adjustments do not materially change the basic scope of work, the scheduled final Study
completion date, and/or the Maximum Cost to City as identified in this Agreement.
d. OCWD shall be responsible for verifying completion of a consultant or
sub -consultant's work in accordance with Exhibit A.
2. Time and Term
Time is of the essence in the performance of services under this Agreement. This
Agreement is in effect from May 7, 20T9;-through December 31, 2021, subject to earlier
termination pursuant to Section 23 Termination below.
3. Agreement Administrators
a. In performing the work under this Agreement, OCWD shall coordinate all
contact related to the Study with Metropolitan's Agreement Administrator unless otherwise
directed by City. For purposes of this Agreement, Metropolitan's Agreement Administrator is Mr.
Don Bentley or such other person as Metropolitan designates per the FSA Agreement. For
purposes of this Agreement, OCWD designates Mr. Adam Hutchinson. as the Agreement
Administrator for OCWD, and City designates Nabil Saba, Water Resources Manager, as
Agreement Administrator for City. OCWD and City both reserve the right to change this
designation upon written notice to each other.
2629/022499-0003
13498849.12 a08/01/19 2
20C-46
4. Independent Contractor
OCWD agrees, as consultant or participating entity to City, to complete the Study
detailed in Exhibit A under this Agreement in the capacity of an independent contractor and neither
OCWD, or its participating entities, consultants, and sub -consultants, nor any of their employees,
shall be considered to be an employee or agent of City or Metropolitan.
5. Consultants and Sub -consultants
a. OCWD shall be responsible to City for all work to be performed under this
Agreement. All consultants and sub -consultants of OCWD, and their billing rates, shall be
approved by OCWD and shall be reflected in consultant and sub -consultant invoices submitted by
OCWD to City for transmittal to Metropolitan. OCWD will prepare applicable invoices for City
to submit to Metropolitan for reimbursement per the requirements of the FSA Agreement. OCWD
shall be liable and accountable for any and all payments or other compensation to all consultants
and sub -consultants performing services under any OCWD agreement that is necessary and
applicable to the performance and completion of this Agreement, which governs the Metropolitan
funded components of the Study.
b. OCWD's contracts with consultants and sub -consultants related to conduct
of the Study shall, where determined appropriate by OCWD, include the same insurance
requirements as those specified in section 18 of this Agreement, and shall also include provisions
governing intellectual property, nonuse of intellectual property of third parties, the auditing
process, appropriate indemnity provisions, and applicable equal opportunity and affirmative action
policies. As applicable, OCWD's use of consultants and sub -consultants shall adhere to the
requirements of Metropolitan's and City's Business Outreach Program as provided herein.
6. City's Maximum Amount Payable and Reimbursement Procedure
a. All costs of the Study are intended to be borne by entities other than the
City. OCWD shall act as City's Consultant/Participating Entity for purposes of performing work
approved by Metropolitan in the FSA Agreement, and shall coordinate the overall Study, to include
the MWD funded and non-MWD funded portions of the Study. The total cost of the Study is
estimated to be $245,592, approximately 50% of which will be funded by the MWD FSA Grant.
The other 50% of the total Study cost, the "non-MWD share," will be funded by OCWD and other
funding partners. City's aforementioned obligation to reimburse shall not exceed the total of
eligible reimbursable costs submitted by OCWD nor the City's total grant from Metropolitan under
the FSA Agreement. OCWD shall be responsible for all costs in excess of City's FSA grant from
Metropolitan.
b. OCWD agrees to reimburse City for the cost of any additional insurance
City is required to obtain in order to comply with the insurance mandates of the FSA Agreement.
C. OCWD must include documentation in the monthly invoices provided to
City that OCWD did reimburse or otherwise compensate responsible parties for eligible costs
incurred during the invoice period. The invoice should include a cover letter with a brief summary
of the work completed for the costs invoiced and a discussion of any milestones reached or
problems encountered during the period invoiced.
2629/022499-0003
13498849.12 a08/01/19 3 2 U C-47
d. OCWD shall provide each month to City a draft invoice and draft cover
letter for City to submit to Metropolitan's Agreement Administrator so that City may be timely
reimbursed by Metropolitan for expenses associated with the Study. The draft cover letter shall be
on the City's letterhead with any other markings necessary to identify the invoice and cover letter
as having been submitted by the City to Metropolitan per the requirements of the FSA Agreement.
e. For each eligible invoice, City will reimburse OCWD seventy-five percent
(75%) of eligible reimbursable costs and will withhold twenty-five percent (25%) of eligible
reimbursable costs in retention until a final report is submitted to and accepted by Metropolitan.
OCWD shall promptly notify the Agreement Administrator, in writing, when fees and expenses
incurred under this Agreement have reached $92,100 (75% of maximum amount allowable).
f. In -kind services provided by OCWD and City staff are not eligible for
reimbursement under the FSA Agreement, and therefore are ineligible for reimbursement under
this Agreement, and they shall not be included in invoices that OCWD prepares for City to submit
to Metropolitan. In -kind services include, but are not limited to, work performed by staff of City,
OCWD, and employees of any participating entity identified in the FSA Agreement, as well as
related expenses for such agency staff (e.g., travel, overhead, etc.).
g. Eligible costs include work starting no earlier than May 7, 2019, which is
in compliance with the requirements of this Agreement and within scope of the Study approved
by Metropolitan in the FSA Agreement.
h. All invoices related to the Study must be submitted by OCWD to City
sufficiently in advance of to allow City to submit all invoices pertaining to the Study to
Metropolitan on or before August 31, 2021. OCWD acknowledges that invoices submitted to
Metropolitan after August 31, 2021, will not be paid unless Metropolitan, in its sole discretion,
grants City, in writing, an extension of time to complete the work and submit OCWD's invoices.
7. Billings and Payments
a. Unless authorized by Metropolitan to directly invoice Metropolitan for
costs of the Study, OCWD shall submit monthly invoices to City per the requirements of paragraph
6 of this Agreement and per Paragraphs 6 and 7 of the FSA Agreement in a format that will readily
facilitate City's submission of the City's monthly invoice and cover letter to Metropolitan.
OCWD's Agreement Administrator, or his/her designee, shall sign and certify each invoice
submitted to City to be true and correct to the best of their knowledge. OCWD's invoices as shown
in Exhibit B, shall be submitted monthly to City and shall include all applicable information
required by Section 7.b of the FSA Agreement.
b. City may reject incomplete and inaccurate OCWD invoices and will return
such invoices to OCWD within 30 days after the date of the incomplete/inaccurate invoice. In
cases of rejected invoices, OCWD will submit a new, corrected invoice with a new invoice number
and new date. OCWD invoices submitted 90 days after completion of work, may be delayed or
not paid.
C. The final invoice submitted following completion of the Study shall be
clearly marked "FINAL INVOICE" by City. It shall be submitted to Metropolitan by City after
2629/022499-0003
13498849.12.08/01/19 4
20C-48
the final report from the Study is accepted by Metropolitan and should include a request by City
for the release of the 25 percent retention.
Reporting Requirements
a. OCWD shall draft and submit to City all documents and reports necessary
for City to comply with section 8 of the FSA Agreement, including a Semi-annual Progress Report
as shown in Exhibit C, and to meet all timelines established in Exhibit A of the FSA Agreement.
The City will submit these reports to Metropolitan per the FSA Agreement after preparation by
OCWD. OCWD shall prepare all reports and associated materials required by this section, and
such reports shall be accompanied by an appropriate draft cover letter on City letterhead that the
City can submit to Metropolitan with any required reports in accordance with pertinent milestones
required by the FSA Agreement and Exhibit A thereto.
b. OCWD shall prepare and deliver a presentation on behalf of City on the
findings of the study during a concluding symposium to be scheduled and organized by
Metropolitan.
C. Failure of OCWD to submit deliverables within the timeframes established
in Exhibit A and the FSA Agreement, or any extension of time authorized by Metropolitan, may
delay or eliminate OCWD's ability to obtain reimbursement of otherwise eligible costs associated
with the Study.
9. Business Outreach Program
It is the policy of Metropolitan to solicit participation in the performance of all
construction, professional services, procurement contracts, supplies, and equipment procured by
Metropolitan by all individuals and businesses, including but not limited to small businesses,
locally owned businesses, women, minorities, disabled veterans, and economically disadvantaged
enterprises. In performing services under this Agreement, City, and therefore OCWD, shall
endeavor to further this policy whenever practicable.
10. Successors and Assignment
This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, OCWD, including its participating entities, consultants, and
sub -consultants, shall not assign or transfer its interest in this Agreement without first obtaining
the written consent of City and Metropolitan.
11. Use of Materials
City will make available to OCWD such materials City obtains from Metropolitan
as may be required by OCWD to perform services under this Agreement. Such materials shall
remain the property of Metropolitan while in OCWD's possession. Upon termination of this
Agreement and payment of outstanding invoices of OCWD, or completion of work under this
Agreement, OCWD shall turn over to City and/or Metropolitan any property of Metropolitan in
OCWD's possession and any calculations, notes, reports, electronic files, or other materials
prepared by OCWD in the course of performing the services under this Agreement.
2629/022499-0003
13998849.12 a08/01119 S 2 U C-49
12. Intellectual Property
a. All intellectual property produced by OCWD or City pursuant to this
Agreement in the performance of the Study shall be owned by City, which has granted
Metropolitan and its member public agencies a perpetual, nonexclusive license, at no cost, to use
the intellectual property developed in the course of the work performed under this Agreement by
City or any contractor and consultant working on the Study as the Study is described in Exhibit A.
As used herein, Metropolitan directs that the term "intellectual property" includes, but is not
limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade secrets,
other confidential information and software created as a result of the Study funded by Metropolitan
herein.
b. City and OCWD agree that all results produced in the performance of this
Agreement may be released to the public.
C. City and OCWD agree that Metropolitan may utilize any material prepared
or utilize work created by the City or OCWD pursuant to this Agreement, including non-
proprietary computer software, in any manner which Metropolitan deems proper without
additional compensation to City or OCWD. City shall have no responsibility or liability for any
revisions, changes, or corrections made by Metropolitan, or any use or reuse pursuant to the
paragraph unless City accepts such responsibility in writing.
d. All intellectual property developed pursuant to this Agreement is owned by
City. As used herein, the term `intellectual property' includes, but is not limited to, all inventions,
patents, copyrightable subject matter, copyrights, test data, trade secrets, other confidential
information and software created as a result of the Study authorized herein.
C. City recognizes that the results of the work performed under this Agreement
may be published by OCWD. City agrees that OCWD employees engaged in work for the Exhibit
A scope will be free to present at symposia or professional meetings, and to publish in journals,
theses or dissertations, or otherwise of their own choosing, methods and results of the work
performed under this Agreement. Upon written request by City, copies of proposed manuscripts
will be furnished to City for review prior to publication. In no event will OCWD delay publication
for more than thirty (30) days from date of submittal of manuscript for City review.
OCWD shall submit a Final Report in the format shown in Exhibit D.
13. Nonuse of Intellectual Property of Third Parties
OCWD and City agree not to use, disclose or copy any intellectual property of any
third parties in connection with work carried out under this Agreement, except for intellectual
property for which OCWD, City or their consultants/subconsultants have a license or other legal
permission to use. OCWD shall indemnify, defend, and hold City and Metropolitan harmless
against all claims raised against City based upon allegations that OCWD has wrongfully used
intellectual property of others in performing the work authorized by this Agreement.
26291022499-0003
13498849.12 a08101119 6
20C-50
14. Representations
Each Party represents that it is represented by legal counsel, that it has reviewed
this Agreement and agrees that:
a. This Agreement is legally enforceable;
b. Payments made by City to OCWD pursuant to this Agreement are a legal
use of City's funds; and,
C. To the best of City's and OCWD's understanding, Metropolitan may legally
recover the costs incurred by City pursuant to this Agreement in the water rates charged to
Metropolitan's Member Agencies.
15. Legal Requirements
OCWD shall secure and maintain all licenses or permits required by law and shall
comply with all ordinances, laws, orders, rules, and regulations pertaining to the work authorized
by this Agreement.
16. Guarantee and Warranty
a. OCWD guarantees and warrants that, to the best of its understanding, the
work OCWD and/or its consultants/subconsultants perform shall be performed and completed in
accordance with generally accepted industry standards, practices, and principles applicable to the
work.
b. City and OCWD agree that Metropolitan's representatives shall at all times
have access to the work funded by the FSA Agreement for purposes of inspecting same and
determining that the work is being performed in accordance with the terms of this Agreement and
the FSA Agreement.
17. Indemnity
a. OCWD assumes all risk of injury to its employees, agents, consultants, sub -
consultants, and contractors, including loss or damage to property, in the performance of this
Agreement, except for those losses due to City's or Metropolitan's negligence, recklessness or
willful misconduct.
b. OCWD shall defend, indemnify, and hold harmless City, its City Council,
officers, employees, and agents from and against all claims, suits, or causes of action for injury to
any person or damage to any property to the proportionate extent arising out of, pertaining to, or
related to OCWD's and its participating entities', consultants', and sub -consultants' negligence,
recklessness or willful misconduct in the performance of this Agreement. In addition, in the event
that OCWD or any employee, agent, or subcontractor of OCWD providing services under this
Agreement claims or is determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of
the City, OCWD shall indemnify, defend, and hold harmless City for the payment of any employee
2629/02249941003
13498949.12 a08/01/19 7
20C-51
and/or employer contributions for PERS benefits on behalf of OCWD or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
18. Insurance
OCWD will obtain all such insurance as Metropolitan may reasonably direct
OCWD to carry, if any, as a consultant and/or participating entity of City for purposes of preparing
the Study approved and authorized by the FSA Agreement. OCWD further agrees to reimburse
City for the costs of any additional insurance coverage City is required to obtain or carry in order
to satisfy the insurance obligations of City under the FSA Agreement between City and
Metropolitan.
19. Audit
a. OCWD shall be responsible for ensuring the accuracy and propriety of all
billings and shall maintain all supporting documentation for the period specified below.
b. City will have the right to audit OCWD's invoices and all supporting
documentation for purposes of compliance with this Agreement during the term of this Agreement
and for a period of three years following completion of services under this Agreement.
C. OCWD shall be responsible for maintaining the supporting documentation
for a period of three years following completion of services under this agreement.
d. Upon reasonable notice from City, OCWD shall cooperate fully with any
audit of its billings conducted by City and shall permit access to its books, records and accounts
as may be necessary to conduct such audits.
20. Prohibited Relationships with Sanctioned Countries and Persons
OCWD represents and warrants that both 1) OCWD, and 2) to OCWD's
knowledge, its directors, officers, employees, subsidiaries, participating entities, consultants, and
sub -consultants, are not engaged in any business transactions or other activities prohibited by any
laws, regulations or executive orders relating to terrorism, trade embargoes or money laundering
("Anti -Terrorism Laws"), including Executive Order No. 13224 on Terrorist Financing, effective
September 24, 2001 (the "Executive Order"), the Patriot Act, and the regulations administered by
the Office of Foreign Assets Control ("OFAC") of the U.S. Department of Treasury, including
those parties named on OFAC's Specially Designated Nationals and Blocked Persons List.
OCWD is in compliance with the regulations administered by OFAC and any other Anti -Terrorism
Laws, including the Executive Order and the Patriot Act. In the event of any violation of this
section, City shall be entitled to immediately terminate this Agreement and take such other actions
as are permitted or required to be taken under law or in equity.
2629/022499-0003
13498849.12 a08/01/19 8
20C-52
21. Conflict of Interest and Gift Restrictions
a. OCWD represents that it has advised City in writing prior to the date of
signing of this Agreement of any known relationships with a third party and the Metropolitan
Board and/or Metropolitan employees which would: (1) present a conflict of interest with the work
performed under this Agreement; (2) prevent OCWD or City from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
b. OCWD, as a public agency, shall comply with all applicable requirements
of the California Political Reform Act ("PRA") and regulations of the Fair Political Practices
Commission ("FPPC") as well as all other applicable ethical standards or limitations promulgated
by Metropolitan and/or the City. OCWD agrees not to provide any prohibited compensation,
reward or gift to any Metropolitan Board member, officer or employee, or to any City Council
member, officer or employee.
22. Use of Metropolitan's Name
City, OCWD, and their participating entities, consultants, and sub -consultants shall not
publish or use any advertising, sales promotion, or publicity in matters relating to services,
equipment, products, reports, and material furnished by City and its participating entities,
consultants, and sub -consultants in which Metropolitan's name is used, or its identity implied
without Metropolitan's Agreement Administrator's prior written approval. This provision
survives the termination of this Agreement.
23. Termination
Either party may at any time terminate this Agreement by giving the other party not
less than thirty (30) days prior written notice. In the event of termination, City shall remain
responsible for payment of fees and expenses incurred by OCWD in conformity with this
Agreement and for invoices submitted by OCWD for work performed on the Study prior to the
date of termination.
24. Force Mai eure Events
a. Excuse to Performance: In addition to specific provisions of the Agreement,
lack of performance by any Party shall not be deemed to be a breach of this Agreement, where
delays or defaults are due to acts of God, or the elements, casualty, strikes, lockouts, or other labor
disturbances, acts of the public enemy, orders or inaction of any kind from the government of the
United States, the State of California, or any other governmental, military or civil authority (other
than City, or another party to this Agreement), war, insurrections, riots, epidemics, landslides,
lightning, droughts, floods, fires, earthquakes, civil disturbances, freight embargoes, or any other
inability of any Party, whether similar or dissimilar to those enumerated or otherwise, which are
not within the control of the Party claiming such inability or disability, which such Party could not
have avoided by exercising due diligence and care and with respect to which such Party shall use
all reasonable efforts that are practically available to it in order to correct such condition (such
conditions being herein referred to as "Force Majeure Events").
2629/022499-0003
13498849.12 a08/01/19 20C9 53
b. Responding to Force Majeure Events: The Parties agree that in the event of
a Force Majeure Event which substantially interferes with the implementation of this Agreement,
the Parties will use their good faith efforts to negotiate an interim or permanent modification to
this Agreement which responds to the Force Majeure Event and maintains the principles pursuant
to which this Agreement was executed.
25. Notices
Any notice or communication given under this Agreement shall be effective when
deposited, postage prepaid, with the United States Postal Service and addressed to the contracting
parties or delivered via overnight courier as follows:
Mail:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: Clerk of Council (M-30)
With copies to:
Executive Director, Public Works
(at the same address)
Mail:
Orange County Water District
Post Office Box 8300
Fountain Valley, CA 92728-8300
Attention: Mr. Adam Hutchinson
Overnight Courier:
Orange County Water District
18700 Ward Street
Fountain Valley, CA 92708
Attention: Mr. Adam Hutchinson
Either party may change the address to which notice or communication is to be sent
by providing advance written notice to the other party.
26. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable,
in whole or in part, such provision shall be modified to the minimum extent necessary to make it
legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining
provisions shall not be affected thereby.
27. Jurisdiction and Venue
This Agreement shall be deemed a contract under the laws of the State of California
and for all purposes shall be interpreted in accordance with such laws. Both parties hereby agree
and consent to the exclusive jurisdiction of the courts of the State of California and that the proper
venue of any action brought thereunder is and shall be Orange County, California.
28. Waiver
No delay or failure by either party to exercise or enforce at any time any right or
provision of this Agreement shall be considered a waiver thereof or of such party's right thereafter
to exercise or enforce each and every right and provision of this Agreement. A waiver to be valid
2629/022499-0003
13498849.12 a08/01/19 10
20C-54
shall be in writing but need not be supported by consideration. No single waiver shall constitute
a continuing or subsequent waiver. Waiver by either party of any breach or default of any clause
of this Agreement by the other party will not operate as a waiver of any previous or future default
or breach of the same or different clause of this Agreement
29. Entire Agreement
This writing 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 which are not set forth herein. Except as
provided herein, this Agreement may not be modified or altered without formal amendment
thereto.
30. Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating
to this Agreement or a breach thereof, the parties hereto will use reasonable efforts to settle the
dispute, claim, question, or disagreement. The parties will consult and negotiate with each other
in good faith and in recognition of their mutual interests, and make an attempt to strive for an
equitable solution which will satisfy both parties.
31. Service Marks and Trademarks
Neither party will use any service marks, registered trademarks, logos or other
marks of the other party without the express written approval of the other party.
32. Joint Drafting
Both parties have participated in the drafting of this Agreement.
2629/0224".0003
13498849.12.08,01119 2 U C -5 5
Signature Page
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date last written below.
ORANGE COUNTY WATER DISTRICT CITY OF SANTA ANA
By: By:
Michael R. Markus, P.E. Kristine Ridge
General Manager City Manager
Vicente Sarmiento
Board President
Approved as to form: Approved as to Form
Sonia R. Carvalho
City Attorney
By: By: 004 lkl,
Jeremy N. Jungreis Jo M. Funk
General Counsel Assistant City Attorney
Attest
M
Daisy Gomez
Clerk of the Council
1349i 849.12-a0 !1 20 G _ 56
I7J98849.1>_ a08�Li:19 4
2629/022499-0003
13498849.12.08101/19
Exhibits
20C-57
Exhibit A- Scope of Work
Restoration of Local Recharge Sources from Invasive Dreissenid Mussels
1.0 Study Objective
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. If such a method is identified, it could lead to restoring the use of
facilities for recharge of local water sources, such as stormwater.
2.0 Background Information
In January 2007, quagga mussels (Dreissena bugensis) were discovered at a marina in the Nevada
portion of Lake Mead, and two other lakes on the Colorado River, Lake Mohave and Lake Havasu.
Soon thereafter, the mussels spread through the Metropolitan Water District of Southern
California's (MWD's) Colorado River Aqueduct (CRA) as far south as Lake Skinner, near Temecula.
As of December 2017, quagga mussels have been detected in 43 locations in California. So far,
State Water Project (SWP) aqueducts and reservoirs have not been impacted, although there
were detections of quagga mussels in Pyramid Lake and other areas of the SWP in December
2016.
To minimize the spread of quagga mussels, MWD chlorinates CRA water, starting at Copper Basin
reservoir, close to the eastern end of the CRA and at other locations, such as Lake Matthews.
Despite this effort, quagga mussels have infested reservoirs used for capture of local runoff as
well as rivers, streams and canals used to convey both local supplies and imported supplies to
groundwater replenishment facilities. This is important because multiple entities that recharge
local water sources, such as storm water, use many of the same facilities to recharge imported
water. As a result, the presence of quagga mussels presents a barrier to the efficient use of these
dual use facilities and has affected the ability to maximize the capture and recharge of local
supplies, such as storm water.
As an example, Irvine Lake, which is owned and operated by the Irvine Ranch Water District
(IRWD), receives both imported CRA water and local storm flow. Downstream of Irvine Lake are
OCWD's Santiago Basins which are open gravel pits that were converted to groundwater
replenishment facilities in the early 1990s. In the 1990s, water from Irvine Lake was discharged
to Santiago Basins via Santiago Creek for groundwater replenishment. These deliveries are no
longer possible due to the presence of the quagga mussel in Irvine Lake and the potential for
infesting Santiago Creek and Santiago Basins.
On the San Gabriel River, multiple entities, including the Main San Gabriel Basin Watermaster
and the Water Replenishment District of Southern California (WRD) divert storm water from the
San Gabriel River into spreading grounds adjacent to the river. In October 2017, MWD found
quagga mussels in the San Gabriel River that came from deliveries of MWD water. Although steps
were taken to desiccate the river and prevent the spread of quagga mussels, it is possible that
20d-58
further infestations will occur and hamper the use of the San Gabriel River and associated
spreading facilities for the capture and recharge of local storm water.
In the Santa Clara River watershed, United Water Conservation District (UWCD) captures storm
flows from the Piru Creek watershed in Lake Piru, as well as imports a small amount ofSWP water
from Pyramid Lake. UWCD then releases the stored water in late summer, recharging the
downstream groundwater basins, including the coastal Oxnard Plain. When Lake Piru became
infested with quagga mussels in late 2014, the California Department of Fish and Wildlife (CDFW)
ordered UWCD to limit discharges to downstream recharge facilities, to limit the spread of
quagga mussels. UWCD's downstream recharge facilities are the primary source for the cities of
the Oxnard Plain, which are also served by MWD via its member agency Calleguas Municipal
Water District (Calleguas). Groundwater has historically provided approximately half of the
water for this portion of Calleguas' service area. Quagga mussel -induced limitations on UWCD's
groundwater recharge will shift additional burden onto Calleguas and MWD. UWCD is currently
working with CDFW, U.S. Fish and Wildlife, and National Marine Fisheries Service to develop an
eradication plan for Lake Piru using EarthTec QZ that could potentially be implemented within
the next few years.
California Department of Fish and Wildlife Regulations
The California Department of Fish and Wildlife (CDFW) has a mandate to prevent the spread of
quagga mussels. As a result, CDFW requires the preparation of Dreissenid Mussel Monitoring,
Response and Control Plans (Plan) for any facility that is impacted.
Desiccation is the primary method of mitigating for quagga mussel infestations. Although
desiccation can work for isolated spreading grounds, it is less feasible in rivers and streams and
impossible in large reservoirs unless they can be fully drained. For OCWD, the Plan contains a
requirement that OCWD use imported water for recharge only in basins that can be desiccated
(dried out) for two weeks. In addition, these basins must be drained and dried prior to the storm
season to prevent potential conveyance of quagga mussels -laden water to other basins or to the
Santa Ana River. Moreover, one of the most effective recharge facilities, the Santa Ana River,
cannot be fully utilized because it cannot be fully desiccated. These restrictions present a barrier
to both the recharge of imported water and the capture of storm water, which reduces the
recharge of local supplies and the overall efficiency of groundwater replenishment operations.
The recharge of imported and storm water are considered together because OCWD, as with other
entities, use their facilities for storage, conveyance and recharge of both sources of supply.
The WRD has also been affected by the potential for infestations of waterways used to convey
both imported and storm water by quagga mussels. The Los Angeles County Department of
Public Works (LACDPW) owns the conveyance and spreading facilities used by WRD for the
recharge of storm water, recycled water and imported water. Due to the potential for quagga
mussel infestations, imported deliveries from the Colorado River have not been approved by
LACDPW for many years. When deliveries were made in 2017, an infestation of quagga mussels
was found in the San Gabriel River in October 2017 even though the supplies were mostly from
the SWP.
20C-59
Restoring Local Recharge Sources
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. In 2016, Trussell conducted an extensive literature review for OCWD
of potential treatment technologies for the quagga mussel, including free chlorine, chloramines,
ozone, ultraviolet radiation, and potassium permanganate. Proprietary molluscicides were not
considered in this Study. Trussell found that the literature contains many studies examining
treatment for adult mussels, but limited research on veligers. The veliger stage is the final larval
stage of the quagga mussel, when they are mobile, having two ciliated flaps for swimming and
feeding. Of the treatment methods examined, chlorine, chloramine and ozone were found to
have promise; however, they present several challenges, such as needing quenching prior to
discharge to a stream or river (chlorine, chloramine), formation of disinfection byproducts
(chlorine), and high capital costs (ozone). In fact, one of the constraints that MWD faces with
chlorine dosing at Lake Matthews is the formation of disinfection byproducts.
An alternative method of treating for quagga mussels is EarthTec QZ, which is an EPA -registered
molluscicide for prevention and control of quagga and zebra mussels. This product has been
shown to be effective in eradicating quagga mussels and veligers in samples obtained from Lake
Mead. Based on the Lake Mead study, an EarthTec QZ concentration of 3 mg/L, which produces
a copper concentration of 0.18 mg/L, resulted in complete veliger mortality within 30 minutes.
The effectiveness of EarthTec QZ and moderate cost, which is estimated at $20/acre-feet (for
EarthTec QZ concentration of 3 mg/L), suggest that it has the potential be a cost-effective method
to safely treat impacted sources of water, such as local reservoirs and imported water supplies;
however, site -specific testing is needed to develop the proper dose required in local sources and
to obtain approval by CDFW. Eventual approval by CDFW will allow for expanded use of currently
infested facilities and open the use of facilities that are not currently infested, which would
reduce barriers to groundwater replenishment, including the recharge of local supplies such as
storm water.
3.0 Study Description
OCWD staff, along with Trussell, would conduct the Study. In general terms, the Study will test
the response of quagga veligers to various doses of EarthTec QZ atfive locations: Lake Matthews,
OCWD's OC-28 connection in Anaheim, Lake Piru, MWD connection CenB-28, and one other
location to be determined. Live veligers would be collected at each location. Subsets of the
collected veligers would be exposed to different concentrations of EarthTec QZ and their
response would be monitored over time. This work would be conducted in existing or temporary
field labs located at or near where the veliger samples are collected. This is important to
minimize the potential for veliger die -off during transport.
In addition to examining the effectiveness of EarthTec QZ on quagga veligers, the Study includes
an assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers.
This work will be conducted in parallel with the dose -response veliger testing. Trussell will
consult with aquatic microbiology experts, CDFW staff, review available literature, and examine
regulations to evaluate the water quality impacts of EarthTec QZ.
20C-60
Up to eight meetings are budgeted to ensure there is maximum collaboration with all Study
stakeholders at all stages of the Study.
Participating Entities and Supporting Entities
Participating entities include:
• Orange County Water District
• Water Replenishment District of Southern California
• United Water Conservation District
• Main San Gabriel Watermaster
• Central Basin Municipal Water District
• California Department of Fish and Wildlife (CDFW)
• California Department of Water Resources (DWR)
All the listed entities above, except for CDFW and DWR, are contributing financially to this Study.
CDFW and DWR are contributing staff time and providing technical assistance to the Study.
4.0 Description of Tasks
Task 1 Evaluation of EarthTec QZ Veliger Treatment
Bench scale testing will be completed at five surface water locations to establish quagga mussel
veliger dose -response curves with exposure to EarthTec QZ and determine the lowest
concentration that could be used to kill quagga veligers.
Testing is proposed at:
• Lake Matthews,
• OCWD's OC-28 connection in Anaheim,
• Lake Piru, and;
• MWD's CenB-28 connection
• One additional site to be identified in cooperation with Study partners.
Each site will be assessed for any available documentation of seasonal changes in veliger
populations, and sample collection and testing will be scheduled to target periods of high veliger
populations. Samples of raw surface water and quagga mussel veligers will be collected from
each of the surface water sites with plankton tow nets. To minimize veliger die -off, all veliger
dose -response tests will be completed in field lab space close to the collection sites, with water
and veliger samples collected on the same day.
Veliger samples will first be assessed for density of live (physically moving or tissue movement of
veliger), dead (cracked shells or degraded tissue), or empty shell (with no tissue and only shell
remaining). If veliger concentrate contains >1% dead to live veliger density, the plankton
collection will not be used. The veliger concentrate will be divided into testing beakers to achieve
approximately 100 to 200 live veligers per test replicate, ranging in size from D-shaped (>63 µm)
20C-61
to pediveligers (< 300 µm). If the veliger population size is not large enough to achieve desired
densities, at least 30 veligers will be tested per replicate.
Four exposure doses of EarthTec QZ will be investigated and a control will be included for each
duration, with a maximum of three exposure durations. At least three replicates per exposure
dose and duration will be completed and will be tested at a maximum of two temperatures. Once
the exposure duration for each test condition is complete, the proportion of live and dead quagga
mussels will be analyzed with fast green stain. In addition to the veliger assessment, each test
beaker will be evaluated for copper (total and dissolved), dissolved oxygen, conductivity, pH, and
temperature at the start of the experiment and at the end of the exposure time. Raw surface
water samples will be monitored for total organic carbon (TOC), copper (total and dissolved),
dissolved oxygen, conductivity, pH, and temperature.
Task Toxicity Assessment
An assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers —
present in the surface water will be completed in parallel with the dose -response veliger testing
(Task 1). Trussell will consult with aquatic microbiology experts, CDFW staff, review available
literature, and examine regulations to evaluate the water quality impacts of EarthTec QZ. In
conjunction with Task 1 testing, surface water samples will be collected and dosed with EarthTec
QZ to assess water quality impacts and toxicity. Slides will be prepared to communicate the
proposed test plan. The toxicity testing will include up to three replicates with two doses of
EarthTec QZ and assessment of toxicity for two aquatic indicator species.
Task 3 Project Management
The project team will work closely with OCWD and funding partners to coordinate testing events,
provide updates of Study results, and communicate progress on Study activities. Trussell will
attend up to eight meetings with project partners and prepare slides to communicate results and
progress.
Project staff will provide a presentation of the sudy findings at a symposium being held by MWD.
20C-62
5.0 Deliverables
Task/Subtask
Deliverables
Submittal Due
Date
Task 1, Evaluation of EarthTec QZ
Veliger Dose -Response Test Plan
Q3 2019
Veliger Treatment
Technical Memorandum 1
Q42020
Test Plan (slides)
Q3 2019
Task 2, Toxicity Assessment
Technical Memorandum 2
Q4 2020
Draft Report
Q2 2021
Tasks 1, 2 Final Reporting
Final Report
Q3 2021
Symposium Presenation
Fall 2021
Task 3, Project Management
Slides for project meetings
Various
6.0 Cost Estimate
Total Study
Requested
Task No.
Task Description
Cost
Metropolitan
Funding Match
Task 1,
Bench scale testing at five surface water locations
Evaluation of
to establish quagga mussel veliger dose -response
EarthTec QZ
curves with exposure to EarthTec QZ and
$154,180
$77,090
Veliger
determine the lowest concentration that could be
Treatment
used to kill quagga veligers.
Task 2,
An assessment of the toxicity of EarthTec QZ for
Toxicityaquatic
species—otherthanquaggaveligers—
$62,228
$31,114
Assessment
present in the surface water will be completed in
parallel with the dose -response veliger testing.
Coordinate testing events, provide updates of
Task 3,
Study results, and communicate progress on
Project
Study activities. Host eight meetings with project
$29,184
$14,592
Management
partners and prepare slides to communicate
results and progress.
Totals
$245,592
$222,796
20C-63
7.0 Schedule
Apr
Jul
Oct
A r
P
Jul
Oct
Apr
Jul
Oct
Jan-
-
Jan-
-
Jan-
-
-
-
Mar
Jun
$e
Dec
Mar
Jun
$e
Dec
Mar
Jun
Se
Dec
P
P
P
2019
2020
2021
QI
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
42
43
Q4
Task
Task Name
1
Collect and compile
data
available
1
Develop Draft Veliger
Dose Response Test Plan
1
Stakeholder Review
Meeting 1
1
Finalize Veliger Dose
Response Test Plan
Conduct Field
1
Sampling/Dose
Response Testing
1
Compile Results
Semi -Annual Progress
1,2
Report 2019 No. 1 (May
2019 — December 2019)
1
Conduct Additional
win
Sampling (If needed)
Semi -Annual Progress
1,2
Report 2020 No. 1
(January 2020—June
2020)
1
Compile Season 2
Results (If needed)
1
Stakeholder Review
Meeting 3 (If needed)
1
Prepare Draft Technical
Memorandum 1
1
Review Draft Technical
Memorandum 1
1
Submit Final Technical
Memorandum 1
Semi -Annual Progress
1,2
Report 2020 No. 2 (July
2020 — December 2020)
2
Develop Toxicity Test
Plan
IN
Stakeholder Review2Meeting
1
20C-64
Jan-
Apr
Jul
-
Oct
Jan-
Apr
Jul
-
Oct
Jan-
Apr
-
Jul
-
Oct -
Mar
Jun
$e
Dec
Mar
Jun
$e
Dec
Mar
Jun
Se
Dec
P
P
P
2019
2020
2021
Q1
1 0.2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Task
Task Name
2
Finalize Toxicity Test
Plan
2
Conduct Toxicity Testing
2
Compile Results
2
Stakeholder Review
Meeting 2
2
Conduct Additional
Testing
i
(If needed)
2
Compile Season
Results (If needed)
2
Stakeholder Review
Meeting 3 (If needed)
2
Prepare Draft Technical
Memorandum 2
2
Review Draft Technical
Memorandum 2
2
Submit Final Technical
Memorandum 2
1,2
Draft Final Report
1,2
Final Report
3
Symposium Presentation
Findings
of Study
3
Project Management
*First Semi -Annual Report of 2019 will include a summary of work conducted in May -June 2019.
20C-65
Reporting Schedule
• Semi -Annual Progress Report 2019 No. 1* (May 2019 — December 2019) .. February 15, 2020
• Semi -Annual Progress Report 2020 No. 1 (January 2020 —June 2020) ............August 15, 2020
• Semi -Annual Progress Report 2020 No. 2 (July 2020— December 2020) ..... February 15, 2021
DraftFinal Report ...........................................................................................................May 31, 2021
FinalReport ........................................................................................................... July 31, 2021
• Agency presentation on study findings at concluding symposium .............................. Fall 2021
*First Semi -Annual Report will include a summary of work conducted in May -June 2019.
20C-66
Exhibit B- Sample Invoice
BILL TO
INVOICE
INVOICE
Metropolitan Water District of Southern California
Accounts Payable Section
P.O. Box 54153
Los Angeles, CA 90054-0153
AccountsPayableBusiness@mwdh2o.com
AGENCY NAME
INVOICE DATE
INVOICE NUMBER
INVOICE PERIOD
ADDRESS
STUDY NAME
CONTACT
CONTACT PHONE
AGREEMENT NUMBER
MAXIMUM AWARD AMOUNT
AMOUNT PREVIOUSLY INVOICED
AWARD AMOUNT REMAINING
ITEMIZED EXPENSES
TASK
DETAILED DESCRIPTION
(e.g., consultant costs and hours, materials and supplies, lab costs,
etc.)
COST
TOTAL COSTS
TOTAL ELIGIBLE COSTS (UP TO 50% OF TOTAL COSTS)
RETENTION (25% of total eligible reimbursable costs)
TOTAL ELIGIBLE REQUEST - RETENTION
BY SIGNING THIS INVOICE, AGENCY CERTIFIES THAT WORK DESCRIBED HEREIN IS AN ACCURATE AND CORRECT
RECORD OF SERVICES PERFORMED FOR METROPOLITAN UNDER THIS AGREEMENT AND THIS WORK HAS NOT BEEN
BILLED ON ANY OTHER CLIENT OR STUDY PARTNER INVOICES.
STUDY MANAGER
20C-67
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Exhibit C—Semi-annual Progress Reports
Agency shall include, at minimum, the following items in the Semi -Annual Progress Reports.
1. Cover Letter
Provide a brief description of the submittal, including the amount invoiced in the respective invoice
period, a list of items being submitted, and contact information. The letter must be signed and include
the following language:
"1 am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Semi -Annual Progress Report
2.1 Study Status
a) Describe work performed during the semi-annual period, by task.
b) Describe major accomplishments, such as:
L Tasks achieved
ii. Milestones met and deliverables completed
Ill. Meetings held or attended
iv. Press release, etc.
c) Where applicable, describe how the activities carried out differed from the plans outlined in
the Study Scope of Work. Identify any problems encountered in the performance of the work
under this Agreement, and how these matters were addressed.
d) If the semi-annual period's objectives were not met, explain why and how these goals will be
approached for the next reporting period.
2.2 Cost Information
a) Identify costs incurred during the quarter by Agency and each partnering/supporting entity
working on the Study.
b) Discuss how the actual budget is progressing in comparison to the latest Study budget.
Describe any differences that occurred, identifying budget impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised budget, by task, if changed from the latest Study budget.
2.3 Schedule Information
a) Provide a Study schedule showing actual progress versus planned progress from the latest
schedule.
b) Discuss how the actual schedule is progressing in comparison to the latest Study schedule.
Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and describe how these matters will be addressed for the next reporting period.
c) Provide a revised schedule, by task, if changed from the latest Study schedule.
20C-69
Exhibit D — Final Report Format
Agency shall include, at minimum, the following items in the Final Report.
1. Cover Letter
Provide a brief description of the submittal, including the total amount of funds disbursed, a list of
items being submitted, and contact information. The letter must be signed and include the following
language:
"I am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Final Report
2.1 Executive Summary
a) Briefly summarize the content of the main report.
2.2 Introduction
a) Provide an overview of the work performed and accomplishments achieved throughout
the duration of the Study.
b) Briefly describe the findings of the study.
c) Describe the role/involvement of each partnering/supporting entity and their relationship to
the Study.
2.3 Cost Summary
a) Include a summary of the costs incurred and of funds disbursed throughout the duration of
the Study.
b) Provide a comparison between the planned budget in the Agreement and the actual budget.
Justify any differences that occurred, identifying budget impacts and/or problems
encountered, and how these matters were addressed.
2.4 Schedule Summary
a) Include a summary of all tasks accomplished throughout the duration of the Study.
b) Provide a comparison between the planned schedule in the Agreement and the actual
schedule. Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and how these matters were addressed.
2.5 Study Results and Analysis
a) Describe and provide an analysis of the Study results and findings in detail.
b) Were the Study goals and objectives as proposed achieved? Explain.
c) Discuss any major problems that occurred in meeting the Study goals and objectives, including
how, and if, they were resolved.
d) Explain how the findings of the Study can be applied to other areas of the region.
What types of obstacles, if any, would be anticipated before implementation/application can
occur, and how could these matters be addressed?
2.6 Conclusion
a) Describe lessons learned.
b) Describe the next steps of the Study (e.g., applicability of the results, topics that may require
additional research, new programs that should be developed, policy amendments, etc.).
20d-70