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HomeMy WebLinkAboutItem 27 - Agreement for Well Maintenance and Repair Public Works Agency https://www.santa-ana.org/pw Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement for Well Maintenance and Repair AGENDA TITLE Approve a Maintenance Agreement with the Mesa Water District for Maintenance and Repair of a Drainage Pipeline in the City of Santa Ana Right-of Way for the Lifetime of Mesa Water District Croddy Well 14 RECOMMENDED ACTION Authorize the City Manager to execute a no-cost agreement with the Mesa Water District for the maintenance and repair of a Mesa Water District-owned water conveyance pipeline located within the City of Santa Ana right-of-way, beginning upon execution of the agreement and continuing through the lifetime of Mesa Water District Croddy Well 14, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Mesa Water District (Mesa) is the potable (drinkable) water supplier for most of the City of Costa Mesa, portions of unincorporated Orange County, and parts of the City of Newport Beach. Mesa purchased the property at 3120 South Croddy Way (Exhibit 1) in an industrial neighborhood in the southwest portion of the City of Santa Ana for the purpose of drilling a potable water well in the Orange County Groundwater Basin. Operation of Croddy Well 14 will require construction of approximately 500 linear feet of drainage pipe to carry the water produced when the well starts up and shuts down to the nearest City-owned storm drain pipe in Croddy Way. Although the drainage pipe will be constructed in the City of Santa Ana right-of-way, it will be owned, operated, and maintained by Mesa (Exhibit 2). Mesa will be responsible for the pipeline during the lifetime of Well 14, after which Mesa will remove the pipeline and restore the public right- of-way to its original condition. During periods of water shortages, the groundwater basin manager, Orange County Water District (OCWD), can require Mesa to operate Well 14 as a regional groundwater supply. Because the City’s water distribution system has four interties to Mesa’s distribution system, the City would directly benefit from Well 14 water when additional water production is directed by OCWD. Approve Agreement with Mesa Water District June 15, 2021 Page 2 1 7 9 6 ENVIRONMENTAL IMPACT There is not environmental impact associated with the agreement. The Mesa Water District filed a mitigated negative declaration for the well project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Vicinity Map 2. Agreement with Mesa Water District Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager CRODDY WAYGARRY AVE.SHANNON ST3120 S CRODDY WAY MESA WATER DISTRICT MAINTENANCE AGREEMENT PAGE 1 OF 1 SEGERSTROM MacARTHUR SANSANTA405 HARBORSUNFLOWER WARNER ANAEDINGER RIVERFIFTH FIRST McFADDEN HAZARD 22 TRASK SANTA CLARASANTACLARA P UL L MANGREENVILLEBEARDIEGO MacARTHURSUSANRAITT SUNFLOWER COSTA 55 405FLOWERBRISTOLMAIN F RWYSULLIVANCENTERWARNER DYERROSSEDINGER ST. ANDREW CIVIC CENTER SANTAANABISHOPTOWNSENDWASHINGTONRIVERSANTA WILLITS CHESTNUT ANABROADWAY MAINSANTIAGOS ANT A5 LYONF R WYME S AST. GERTRUDE RED HILL NEWPORT 55 RITCHEYFRW YFIRST FOURTH 5 TUSTINGRANDLINCOLNANABLVD SHERRYSEVENTEENTH 22 GARDEN GROVE FRWY 22 LA VETA 5 SANTIAGO MEMORY M A I N P L A C E S A N T A A N A FAIRHAVENCAMBRIDGECREEK LILAC BEDFORDEDGEWOOD 5TH ST.SUNSET STHAWLEY STWESTMINSTER SEVENTEENTHFAIRVIEW EUCLIDNEWHOPEHARBORBRISTOLRAITTFAIRVIEWFLOWERBROADWAYMcFADDEN STANDARDGRANDTUSTINLEGEND: PWA SANTA ANA PUBLIC WORKS AGENCY SUBJECT AREA Recording Requested by and Return to: MESA WATER DISTRICT Attn: General Manager 1965 Placentia Ave. Costa Mesa, CA 92627 APN: 415-024-17 Space above this line for Recorder's Use No recording fee per Gov’t Code 6103 WATER WELL BLOWDOWN WATER CONVEYANCE PIPELINE MAINTENANCE AND INSPECTION AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MESA WATER DISTRICT SUBJECT PROPERTY 3120 S CRODDY WAY SANTA ANA, CA 92704 Mesa Water: MESA WATER DISTRICT APN: 415-024-17 THIS AGREEMENT is made and entered into on this ____ day of ____________, 2021, by and between the MESA WATER DISTRICT, a county water district organized and existing pursuant to California Water Code Section 30000 et. seq. (hereinafter, “Mesa Water”), and the CITY OF SANTA ANA, a municipal corporation, located in the County of Orange, State of California (hereinafter, “City”). The City and Mesa Water® may herein also be referred to individually as “Party” or collectively as “Parties.” RECITALS A. Mesa Water certain owns real property located at 3120 South Croddy Way, identified as Orange County Assessor Parcel No. 415-024-017, located in the City of Santa Ana, County of Orange, State of California (hereinafter, “Property”), more specifically described in Exhibit “A” and depicted in Exhibit “B”, each of which exhibits is attached hereto and incorporated herein by this reference. B. Mesa Water is in the process of constructing its Croddy Well 14 Project (“Project”) on the Property, to provide reliable drinking water to its customers. The Project includes the construction of a conveyance pipeline to the City of Santa Ana storm water catch basin for the water produced during well startup and shutdown (“Well Blowdown Conveyance Pipeline”) extending from the Property into the City right-of-way on Croddy Way. Specifically, - 2 - within the City right-of-way, Mesa Water will be constructing, with respect to the Well Blowdown Conveyance Pipeline, approximately 500 linear feet of 18-inch diameter PVC and 500 linear feet of 4-inch diameter sump outlet pipe. C. In conjunction with the Project, and specifically the Well Blowdown Conveyance Pipeline, Mesa Water and the City have agreed that Mesa Water is required to perform certain regularly required maintenance or replacement to ensure the efficient function of such improvements, including: (1) vacuuming the low point of the 18” storm drain line, as needed for vector control; (2) annually testing the sump pump per Mesa Water Standard Operating Procedure (“SOP”) 45; (3) maintaining the 2” PVC ball valve, 2” brass swing check valve, and 4” shut-off valve per the equipment maintenance manual; (4) quarterly inspecting and, as necessary, replacing the check valves in the catch basin; and (5) performing and otherwise complying with vector control requirements, set forth by the Orange County Mosquito and Vector Control District, as relevant to the Well Blowdown Conveyance Pipeline (hereinafter, “Maintenance Obligations”). D. Though extending into the City right-of-way, the Well Blowdown Conveyance Pipeline shall be considered a private facility with all maintenance or replacement therefore the sole responsibility of Mesa Water in accordance with the terms of this Agreement. The Parties agree as follows: AGREEMENT Section 1. Construction of Well Blowdown Conveyance Pipeline Mesa Water shall construct the Well Blowdown Conveyance Pipeline pursuant to Mesa Water’s approved plans and specifications. Section 2. Maintenance of Well Blowdown Conveyance Pipeline. Mesa Water shall be responsible for the performance of the Maintenance Obligations, as defined herein, and shall, as may be requested from time to time by the City, provide the City with documentation identifying the maintenance performed. Section 3. Compliance with Applicable Clean Water Requirements. Mesa Water shall be required to comply with any and all clean water requirements applicable to the Well Blowdown Conveyance Pipeline, including requirements associated with any applicable National Pollutant Discharge Elimination System (“NPDES”) permit and/or local and regional discharge requirements, as such may be amended from time to time. Section 4. Replacement of Well Blowdown Conveyance Pipeline. Mesa Water shall be responsible for replacing the Well Blowdown Conveyance Pipeline, inclusive of its component valves and related appurtenances, when reasonably necessary at the end of its useful life, unless or until such time as this Agreement is terminated as provided in Section 8. Section 5. City Access for Inspections and Repairs. The City, as to those components located within the City right-of-way, shall have complete access to such components for purposes of inspection, sampling, and/or testing. As to any components located - 3 - on the Property, the City, inclusive of its officials, employees, agents, contractors, and subcontractors, shall be provided reasonable access to the Well Blowdown Conveyance Pipeline, preferably within one business day of any request, likewise for inspection, sampling, and/or testing. In the event of an emergency, the City shall contact Mesa Water’s emergency line at (949) 631-1200 to arrange for immediate access to areas on the Property. Section 6. Emergency Repairs. In the event Mesa Water fails to accomplish the Maintenance Obligations contemplated by this Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to cause any of the necessary Maintenance Obligations to be done and charge the entire cost and expense to Mesa Water, including administrative costs. Section 7. Encroachment Permit Requirements. Mesa Water acknowledges that for any work on the Well Blowdown Conveyance Pipeline taking place in the City streets and/or sidewalk right-of-way, Mesa Water will be required to obtain an encroachment permit from the City, based on the then-applicable requirements. Section 8. Termination. The Agreement shall remain in effect while the Project is in operation on the Property, and shall terminate when the Project is closed and/or abandoned by Mesa Water, at which point Mesa Water shall take measures to remove the Well Blowdown Conveyance Pipeline and restore the right of way to original conditions. Section 9. Recordation. This Agreement shall be recorded in the Office of the Recorder of Orange County, California, at the expense of the Mesa Water and shall constitute notice to all successors and assigns of the title to said Property, if any, of the obligation herein set forth. Section 10. Successors and Assigns. Mesa Water and the City agree that this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Mesa Water and the City. Section 11. Covenant to Run with the Land. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. Section 12. Time is of the Essence. Time is of the essence in the performance of this Agreement. Section 13. Representation by Independent Counsel. Both Parties agree and acknowledge they have had the opportunity to review the Agreement and otherwise discuss the matters contained herein with legal counsel. Additionally, each Party has had the opportunity to cooperate in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any Party. Section 14. Authority to Execute Agreement. Each of the Parties warrants and represents that they have fulfilled all corporate and municipal formalities to enter into this Agreement and be bound by the terms of this Agreement. Each of the signatories warrants and represents that each of them has binding authority of the entity on whose behalf he/she is signing this Agreement. Further, the Parties agree to take, or cause to be taken, all action and - 4 - to do, or cause to be done, all things necessary, proper, or advisable under applicable laws and regulations to consummate and make effective the terms and conditions of this Agreement. Section 15. Notice. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. Notice shall be sent to, unless changed in writing by the respective party: Section 16. Severability. If by operation of law, order of a court of competent jurisdiction, or other reason, it is determined that any Section, Subsection, clause or other provision of this Agreement is illegal, null, void, invalid, unenforceable or in violation of public policy, the remaining Sections, Subsections, Clauses and other provisions of this Agreement shall not be affected thereby and shall continue in full force and effect to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. Section 17. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the matters set forth herein. No other representations, covenants, undertakings or other prior or contemporaneous oral agreements respecting such matters which are not specifically incorporated herein shall be deemed in any way to exist or bind any of the Parties. The Parties, and each of them, acknowledge that they have not executed this Agreement in reliance on any such promises, representations, or warranties. Section 18. Modification of Agreement. This Agreement shall not be modified by any Party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by the Parties. IF TO THE CITY: Daisy Gomez, Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 With Copy To: Nabil Saba, P.E., Executive Director City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, CA 92702 IF TO MESA WATER: Tracy Manning, Water Operations Mesa Water District 1965 Placentia Ave. Costa Mesa, CA 92627 - 5 - Section 19. Governing Law. This Agreement is entered into, and shall be construed and interpreted, in accordance with the laws of the State of California. Section 20. Titles and Captions. Paragraph titles and captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision thereof. Section 21. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts when so executed and delivered, shall be deemed an original and, taken together, shall constitute one and the same instrument. IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF SANTA ANA ___________________________________ Kristine Ridge, City Manager ___________________________________ Date APPROVED AS TO FORM: ___________________________________ John M. Funk, Sr. Asst. City Attorney MESA WATER DISTRICT ___________________________________ Paul Shoenberger, P.E., Superintendent ___________________________________ Date APPROVED AS TO FORM: ATKINSON, ANDELSON, LOYA, RUUD & ROMO ___________________________________ General Counsel NOTARIES ON FOLLOWING PAGE ACKNOWLEDGEMENT STATE OF ) ) COUNTY OF ) On , 20 , before me, , a Notary Public in and for said State, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of - 2 - ACKNOWLEDGEMENT STATE OF ) ) COUNTY OF ) On , 20 , before me, , a Notary Public in and for said State, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of Ex. A-1 EXHIBIT A The real property described as: PARCEL 2, AS SHOWN ON A PARCEL MAP FILED IN BOOK 139, PAGES 10 AND 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Orange County Assessor Parcel No.: 415-024-17 Ex. B-1 EXHIBIT B