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HomeMy WebLinkAboutORANGE COUNTY WATER DISTRICT (3) - 2014za CL 4 LLJ MEMORANDUM OF UNDERSTANDING By and Between THE ORANGE COUNTY WATER DISTRICT And THE CITY OF SANTA ANA For A- 2014 -140 Revised 6/09/2014 CONSTRUCTION AND OPERATION OF FOUR INJECTION WELLS, WATER SUPPLY PIPELINE AND DISCHARGE PIPELINE AT CENTENNIAL PARK WHEREAS, the construction and operation of four injection wells, water supply pipeline and discharge pipeline (Project) at Centennial Park will serve the interests of both the City of Santa Ana (CITY) and the Orange County Water District (DISTRICT); and WHEREAS, the City owns the property where the Project would be constructed and operated; and WHEREAS, CITY and DISTRICT wish to enter into this Memorandum of Understanding ( "MOU ") as a basis for establishing permanent and temporary easements on the property for the Project. NOW, THEREFORE, the parties hereto establish the following principles to guide their future negotiations on this matter: 1. Attached hereto as Exhibit 1 and incorporated by reference herein, is a depiction showing the approximate location of the four injection wells and water supply pipeline alignment proposed to be included in the proposed easement area. The final configuration and size of the easements would be based upon the final design of the well site locations and the alignment of the water supply and discharge pipeline. 2. District will construct each injection well below grade and will be centered in a parking stall. 3. District will require a 12- 15,000 square foot temporary work area at each injection well for 1.5 months to accommodate drilling, followed by a 3,000 square foot temporary work area at each injection well for 4.5 months to construct the well. These areas are shown in Exhibit 2. 4. District will require 30 year easements for the well sites and pipeline alignments. 5. District will coordinate with the City during construction to minimize disruptions at Centennial Park. Revised 6/09/2014 6. The District will be responsible for the design and construction of the project and preparation of all documents to comply with California Environmental Quality Act and National Environmental Policy Act and will provide staff assistance to the City of Santa Ana for coordination with the National Park Service. The District will provide the City with an administrative draft version of any environmental documents prepared for the proposed Project and respond to City comments on the draft documents prior to releasing the environmental documents for public review. The District shall not propose or agree to any mitigation measures that affect City lands without prior City approval, which may be withheld for any reason. 7. After the Project is completed the District will improve all parking lots and roadways identified in Exhibit 3 in exchange for establishing a 30 year easement for each component of the Project. Such improvements include removal and overlay of the top two inches of asphalt from the parking lots and roadways. 8. District acknowledges that it will be responsible for the replacement of all landscaping and park amenities that might be inadvertently damaged during construction as a result of contractor negligence. 9. The parties hereto agree to negotiate in good faith for the purpose of developing and executing easements for the Project, nothing contained herein shall be deemed a binding commitment upon or enforceable promise by either party. 10.The parties agree that a precondition to any binding commitment requires approval by the Federal Government inasmuch as the property in question was a Federal property transferred by the Department of Interior to the City as public benefit conveyance for development of a regional park and any easements thereon require Federal approvals. 11. The parties acknowledge that the City was awarded a Land and Water Conservation Grant to build improvements on the park which requires that the recreational abilities of the park be preserved at all times, but in no event shall the recreational abilities of the park in any single location be impacted beyond six (6) months. Accordingly, to the extent that a well site is located in one of the Grant improvement areas, the parties agree that any binding commitment may be subject to approval by the State of California. 12.The parties agree that any ultimate plan in developing and executing easements for the Project requires that the parties minimize any disruption to the operations of Godinez High School and the Centennial Career Education Center. Revised 6/09/2014 IN WITNESS WHEREOF, the City of Santa Ana and the Orange County Water District have entered into this Agreement as of the dates set forth below. 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Iq LL C-4 LL f 00, P CL O y M 0 O O N v d U � R cy �a R r �aa N W .` O LO H N N � A a E x a - w c Y = a 0 d � C O a c E y N IL A E c r C m U w w m a 7 ❑ w cr C a IL a N O CL 0 O EL d O LL N 0 0 W Z1 ep A a 3 e e «t c v o m CA 2 CL Ae � w yP M I' a d C ; uJ w *3 s fog a� i LU Ilk LU i yy 1 Z v � o — W 3 anwsww+a�o u,i iwem� zoo siaaie >s iwd �mv ?�rv� :.ea�.wo���ia•aa�>a.,e.• =. � -n aNao!�av� +w�.+oacuo�ed Association of California Water Agencies / Joint Powers Insurance Authority P.U. Box 619082, Roseville, CA 95661 -9 082 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Orange County Water District 15700 Warm Street Fountain Valley, GA 92708 -6930 t.\ wr ) S w. /V­acok - COVERAGE INFORMATION This is to certify that coverage documents fisted herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contractor other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. T e of coverage Certificate # Effective Date Expiration Date Limits General Liability MOLC- 100916 1011/2016 101112017 Aggregate $1,000,000 10 Commercial General Liability Per Occurrence $1,000,000 Q Contractual Liability RI Products /Completed Operations © Occurrence Auto Liability MOLC- 100116 10/1/2016 1011/2017 Per Occurrence $1,000,000 RI Owned Autos 0 Hired Autos Z Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos { Property yt Special Form rw ° Mobile Equipment e Boiler and Machinery �tittip' t r Crime Workers" Compensation Coverage A - Workers' Comp. Coverage B - Employer's Liability DESCRIPTION Regarding: License Agreement for monitoring well SCS -11 (Santiago Park). Additional Covered Party(ies), as required by written contract: City of Santa Ana, its officers, employees, agents, volunteers and representatives, per attached Addendum, CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWA /JPIA will c„.t.,^.,. *^ provide 30 days written notice to the certificate holder named herein. City of Santa Ana Parks, Recreation & Community Services Agency AUTHORIZED REPRESENTATIVE DATE 26 Civic Center Plaza Santa Ana, CA 92701 8/10/2016 Z���� for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER: Orange County Water District COVERAGE PERIOD: 10/1/2016 10/1/2017 ADDENDUM DATE: 110/11/2016 ADDENDUM NUMBER: 22 Change in the following Sections: Section 111. WHO IS COVERED is amended to include the following entity(ies) as an Additional Covered C4ywf Santa Ana, its officers, employees, agents, volunteers and representatives, as required bywritten contract. Additional Covered Party(ies) is covered only if the liabifity is caused M whole or in part by the acts or omissions of the Member Agency and excludes coverage for the sole negligence of the Additional Covered Party(ioo), and subject tou$1.00U.U8Q per occurrence and annual aggregate limit cfliability. Section VI. CONDITIONS (G). OTHER COVERAGES is amended to read:� Fhe coverage afforded in this Memorandum of Liability is primary to and will not seek contribution from any other insurance available to an Additional Covered Party(ies) under the Memorandum of Liability provided that: (1) The Additional Covered Party(iem)ia(an*)a Named Insured under such other insurance, and (2) is required in avvrittmm contract or agreement. The following is dded to Section VI. CONDITIONS (1). WITHDRAWAL/CANCELLATION: m the Authority elects nz cancel this coverage before the stated expiration date, the Authority will provide the Additional Covered Party(ies) at least thirty (30) days prior written notice, as required by a written contract or agreement. Regarding: License Agreement for monitoring well SCS-11 (Sum1iagoPark). Signed By: /,/- Date: 8/1{V2{16 (Authorized Represent�tiv�)