HomeMy WebLinkAboutORANGE COUNTY WATER DISTRICT AND MOULTON NIGUEL WATER DISTRICTINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL.
DATE:
MAY 2 4 2021
INTERAGENCY AGREEMENT
A-2022-079
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4u &JL Interagency Agreement ("Agreement"), is entered into between the City of Santa Ana
("CITY"), Orange County Water District ("OCWD") and Moulton Niguel Water District
("MNWD"), collectively herein referred to as the PARTIES.
I. PURPOSE
The purpose of this Agreement is to work collaboratively to further evaluate a potential
emergency interconnection ("INTERCONNECTION") between the CITY water
distribution system and the East Orange County Feeder #2 ("EOCF92"). The proposed
INTERCONNECTION would:
a. Be located at the CITY East Station site on E. Santa Fe St., as identified in the
Evaluation of Groundwater Conveyance Options, Final Draft Preliminary Report (City
of Santa Ana Only), prepared by Tetra Tech, dated September2020 (exhibit 1) and;
b. Only be utilized when the EOCF#2 was not conveying treated water from the
Metropolitan Water District of Southern California ("MWD") Diemer Filtration Plant
due to a qualifying emergency outage;
The goal of this Agreement is to evaluate the feasibility forthe INTERCONNECTION by
completing a preliminary design study and environmental analysis that would identify the
necessary infrastructure and any necessary environmental mitigations, and refine the
potential estimated construction cost for a new emergency INTERCONNECTION.
Further, this Agreement authorizes the analysis of work necessary to address the
institutional arrangements required to potentially deliver water from the Orange County
groundwaterbasin into theEOCF#2 under qualifying emergency conditions. If warranted,
a subsequent agreement would be developed to define the terms and conditions for
constructing and operating the potential INTERCONNECTION during qualifying
emergencies. To that end, this Agreement serves to establish a common understanding of
the guiding principles for the terms and conditions of any future agreement.
II. GUIDING PRINCIPLES
The following guiding principles will be adhered to by all PARTIES as fundamental to
this Agreement and will be adhered to in completing any work to develop the
INTERCONNECTION and will be foundational to the terms and conditions of any future
service agreement:
a. The INTERCONNECTION would be used during qualifying emergency conditions
when the EOCF#2 is not delivering water from the Diemer Filtration Plant. A
qualifying emergency condition for the purposes of this Agreement is defined as
significant interruption of MWD's ability to provide waterto MNWD due to failure of
infrastructure as identified in the Evaluation of Groundwater Conveyance Options,
Final Draft Preliminary Report (City of Santa Ana Only), prepared by Tetra Tech,
dated September 2020 (exhibit 1). A drought emergency declared by the Governor of
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the State of California is not considered to be a qualifying emergency for the purposes
of this Agreement;
b. All new facilities related to the INTERCONNECTION will be designed and
constructed to meet the system specifications and operational requirements of the
CITY and OCWD during normal and emergency operating conditions.
c. At no time will the delivery of water to MNWD through the INTERCONNECTION
cause or exacerbate a shortage of water for meeting the needs of the CITY's retail
customers, as solely determined by the CITY.
d. CITY staff will be responsible for all facility operations of infrastructure constructed
as a part of this Agreement.
e. Regardless of which PARTY funds the development and constriction of the
infrastructure associated with the INTERCONNECTION, the CITY will retain
ownership of all assets within the CITY's limits.
f. The CITY's rate payers and OCWD will not bear any costs of delivering emergency
water to MNWD.
L If the delivery of water to MNWD through the INTERCONNECTION results
in the CITY exceeding (or further exceeding) OCWD's basin pumping
percentage, MNWD will reimburse the CITY for its proportional share of any
Basin Equity Assessment charges assessed to the CITY.
ii. MWD assesses the City a capacity charge based on their peak usage over a
three-year average. If the CITY's capacity charge is increased due to
MNWD's emergency usage, MNWD will reimburse the CITY for the marginal
difference in the annual capacity fee amount that is attributable to the
conveyance of water to MNWD.
iii. MNWD will reimburse the CITY for all expenses incurred by the CITY that
result from the operations and maintenance of the INTERCONNECTION,
including but not limited to any administrative costs, penalties, fees or fines.
g. OCWD's ability to store water and operate the groundwater basin must not be banned
by the CITY's providing of water to MNWD via the INTERCONNECTION and such
storage will otherwise be fully compliant with all applicable requirements of
the Orange County Water District Act.
h. MNWD understands that the development of the INTERCONNECTION does not
constitute a commitment by OCWD or the CITY to allow MNWD to store water within
the Orange County groundwater basin.
i. The ability of MNWD to utilize the EOCF#2 will require additional agreement by the
parties responsible for the operation and maintenance of the EOCF#2. The Scope of
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Work in Section III of this Agreement describes the analysis that will be performed to
detennine the feasibility and possible terms and conditions of future agreements.
III. SCOPE OF WORD
The scope of work to be performed by the PARTIES as a part of the Agreement shall
include:
a. MNWD will prepare a preliminary design analysis of the necessary infrastructure
required to provide an emergency interconnection at the CITY East Station facility as
identified in the Tetra Tech Conveyance Study (exhibit 1). The preliminary design
will identify and size the infrastructure to deliver up to 14 cubic feet per second ("cfs")
during qualifying emergency conditions and the potential water quality implications
associated with reversing flows within the CITY's system and will perform a system-
wide hydraulic model analysis. The infrastructure shall include, but is not limited to,
production wells, treatment facilities, pump stations, pressure regulating facilities,
connection to the EOCF#2, and any additional facilities required to maintain service to
the CITY's existing customers when the INTERCONNECTION is operational. The
preliminary design will also review the operating conditions and recommended
operating protocols for utilizing the infrastructure under normal operating conditions
and emergency conditions.
b. MNWD will perform an environmental review of the proposed facilities based on the
preliminary design analysis. The proposed environmental review will include the
development of an initial study and/or Environmental Impact Report, as well as any
other appropriate CEQA documents, including a mitigation monitoring and reporting
program if necessary. Further, the environmental review and CEQA process will
identify any necessary permits required to implement the proposed
INTERCONNECTION.
c. MNWD will develop two Request for Proposals ("RFPs") for the work described in
paragraphs III.a and III.b above. The PARTIES will review the proposals and develop
a joint recommendation, should they agree, for consideration of award of professional
service contracts. If collectively agreed to by the PARTIES, the work described in
paragraphs III.a and IILb above may be combined into a single RFP and professional
service contract.
d. The PARTIES will work with the Municipal Water District of Orange County
("MWDOC") and the other agencies responsible for the operation and maintenance
of the EOCF#2 to identify the operational challenges to MNWD utilizing the EOCF#2
under emergency conditions and work to develop mitigations or solutions to address
those operational challenges identified as part of the preliminary design.
e. MNWD agrees to provide all funding required to perform the scope of work and related
RFPs identified as a part of this Agreement, including reasonable CITY staff time,
consultant fees, and legal counsel review of the scope of work deliverables and related
RFPs.
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IV. DELIVERABLES & SCHEDULE
a. The deliverables anticipated as a result of this Agreement include:
i. Preliminary design report to be reviewed and approved jointly by all PARTIES.
ii. Preliminary and final CEQA documents prepared by MNWD and approved by
the CITY as the lead agency for CEQA review for the proposed
INTERCONNECTION.
b. This Agreement shall commence on the date fist written above and tenninate in three
(3) years, unless terminated earlier as stated in Section VI, b. below.
V. AGREEMENT RESPONSIBILITIES
a. MNWD will be responsible for administering the contracts associated with the scope
of work in the Agreement.
b. The PARTIES will work collaboratively to carry out the scope of work for this
Agreement.
c. The PARTIES will meet to review progress and any draft work product that may be
available.
d. The PARTIES will meet and work with other interested stakeholders, including but not
limited to other Orange County groundwater producers, to share information and seek
input on the development of the INTERCONNECTION.
VI. OTHER
a. The PARTIES understand the scope of work identified in this Agreement is the extent
of the review and development of the proposed INTERCONNECTION. The final
design and construction of any facilities recommended as a result of the scope of work
will first require approval by the governing boards of all PARTIES and development
of a subsequent agreement for the construction, operation, and funding of the proposed
INTERCONNECTION that is demonstrated to be fully consistent with the
requirements of the Orange County Water District Act, and all other applicable laws
and regulations. The CITY, MNWD and OCWD reserves the right not to enter into
any subsequent agreement after performance of the scope of work in this Agreement.
b. This Agreement may be terminated by either PARTY with ninety (90) days written
notice to all the parties hereof with an explanation as to why the Agreement is being
terminated, the other Parties hereto shall contact the terminating Party and use
commercially reasonable efforts to resolve the reason(s) raised by the terminating Party
for terminating this Agreement. If the Parties, aftergood faith commercially reasonable
efforts, are not successful in resolving their differences or concerns, then the
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A-2022-079
terminating Party shall give a second notice after the 90th day from their first notice
stating that after at least ninety (90) days the Parties despite their good faith
commercially reasonable efforts were not able to resolve their concerns or issues and
therefore this Agreement will be deemed terminated on the fifteenth (15th) day after
the date of the second termination notice is sent to the other Parties to this Agreement.
Upon termination, MNWD will be responsible for any outstanding financial
commitments for any contracts entered into at the time of termination.
IN WITNESS WHEREOF, the PARTIES hereby execute this Interagency Agreement.
ORANGE COUNTY WATER DISTRICT
O A T A A
JWWk !` - IXUZI
—CITY
Date: 5123I 22
Step en Sheldon,,Presiclent
Vincente Sarmiento, Mayor
ran
for Oistrict
or City of Santa Ana
B-
Michael ar cus, General Manager
MOULT N/NNIG WELWATERDISTRICT
APPROVED AS TO FORM:
By Date: 4/21/22
By: Date:4/21/22
Brian Probolsky, President
Ruben A. Smith
for Moulton Niguel Water District
Special Counsel to Moulton Niguel Water
Distsrict
CITY OF SANTA ANA
ATTEST:
B Date: %
Date: S�1
Daisy Gomez �_, �U
Kristine Ridge
Clerk of the Council
City Manager
APPROVED AS TO FORM
R. Carvalho
lSonia
City Attorney
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5169249.1-- N1716.0
By: U ' "_ ?k -F,4, Date: 4-18-22
John M.Funk
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL 1
By: KjGL. 1t��
�y h Date:
Nabil Saba, P.E.
Executive Director
Public Works Agency
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