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Home My WebLink AboutORANGE COUNTY WATER DISTRICT - 2014A- 2014 -226 GREEN ACRES PROJECT RESERVOIR AND CITY OF SANTA ANA RESERVOIR PERIMETER SITE IMPROVEMENT AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND CITY OF SANTA ANA This GREEN ACRES PROJECT RESERVOIR AND CITY OF SANTA ANA RESERVOIR PERIMETER SITE IMPROVEMENT AGREEMENT ( "AGREEMENT ") is entered as of SEPr , 2014 by and between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended ( "OCWD "), and the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of California ( "CITY "). RECITALS A. Approximately two - thirds of all drinking water currently used within northern and central Orange County is provided from groundwater managed and replenished by OCWD. Inasmuch as Orange County is located in a semi -arid area, it is essential that all reasonable efforts be put forth to protect the quality of groundwater supplies and to provide for maximum utilization of that resource. The OCWD Act empowers OCWD to conserve and reclaim water within or outside the boundaries of OCWD, to sell or otherwise put to beneficial use any water or reclaimed wastewater in order to conserve groundwater resources, and to distribute water to persons in exchange for ceasing or reducing the extraction of groundwater from the groundwater basin. B. CITY is a municipal corporation organized and existing pursuant to the laws of the State of California. The CITY is the exclusive retail water purveyor, including water for residential, industrial, commercial, public agency, agricultural and other uses, within the CITY's boundaries. The CITY currently distributes potable water in part produced from groundwater within its boundaries. C. OCWD and CITY entered into an agreement on September 21, 1988 entitled AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND CITY OF SANTA ANA REGARDING DISTRIBUTION AND SALE OF GREEN ACRES PROJECT WATER ( "GAP AGREEMENT"), The GAP AGREEMENT provides for the distribution and sale of recycled water to the CITY through OCWD's Green Acres Project. The CITY in turn sells the recycled water to end - users. OCWD and CITY mutually acknowledge that the use of recycled water for landscape irrigation and other non - potable uses is of mutual benefit to OCWD and the CITY in fulfilling their joint responsibilities for the conservation of water resources in accordance with Sections 13550 and 13551 of the California. Water Code. D. OCWD purchased an existing potable water reservoir from CITY in 1995. OCWD converted this reservoir to serve the Green Acres Project recycled water distribution system. The OCWD Green Acres Project reservoir is located adjacent to a CITY potable water reservoir. The two reservoirs share a perimeter fence. A- 2014 -226 CL r., �j LU GREEN ACRES PROJECT RESERVOIR AND CITY OF SANTA ANA RESERVOIR 0 PERIMETER SITE IMPROVEMENT AGREEMENT BETWEEN ORANGE COUNTY 1 WATER DISTRICT AND CITY OF SANTA ANA This GREEN ACRES PROJECT RESERVOIR AND CITY OF SANTA ANA RESERVOIR O PERIMETER SITE IMPROVEMENT AGREEMENT ( "AGREEMENT ") is entered as of SE 1.7 ' 2014 by and between the ORANGE COUNTY WATER DISTRICT, a special governme4al district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended ( "OCWD "), and the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of California ("CITY"). RECITALS A. Approximately two - thirds of all drinking water currently used within northern and central Orange County is provided from groundwater managed and replenished by OCWD. Inasmuch as Orange County is located in a semi -arid area, it is essential that all reasonable efforts be put forth to protect the quality of groundwater supplies and to provide for maximum utilization of that resource. The OCWD Act empowers OCWD to conserve and reclaim water within or outside the boundaries of OCWD, to sell or otherwise put to beneficial use any water or reclaimed wastewater in order to conserve groundwater resources, and to distribute water to persons in exchange for ceasing or reducing the extraction of groundwater from the groundwater basin. B. CITY is a municipal corporation organized and existing pursuant to the laws of the State of California. The CITY is the exclusive retail water purveyor, including water for residential, industrial, commercial, public agency, agricultural and other uses, within the CITY's boundaries. The CITY currently distributes potable water in part produced frorn groundwater within its boundaries. C. OCWD and CITY entered into an agreement on September 21, 1988 entitled AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND CITY OF SANTA ANA REGARDING DISTRIBUTION AND SALE OF GREEN ACRES PROJECT WATER ( "GAP AGREEMENT"), The GAP AGREEMENT provides for the distribution and sale of recycled water to the CITY through OCWD's Green Acres Project. The CITY in turn sells the recycled water to end - users. OCWD and CITY mutually acknowledge that the use of recycled water for landscape irrigation and other non - potable uses is of mutual benefit to OCWD and the CITY in fulfilling their joint responsibilities for the conservation of water resources in accordance with Sections 13550 and 13551 of the California Water Code. D. OCWD purchased an existing potable water reservoir from CITY in 1995. OCWD converted this reservoir to serve the Green Acres Project recycled water distribution system. The OCWD Green Acres Project reservoir is located adjacent to a CITY potable water reservoir. The two reservoirs share a perimeter fence. EXECUTORY AGREEMENTS NOW, THEREFORE, in consideration of the facts recited above and the covenants, conditions and promises contained herein, OCWD and CITY hereby agree as follows: SECTION 1. PERIMETER SITE IMPROVEMENTS 1.1. OCWD and CITY mutually desire to improve the perimeter of the shared reservoir site located at the northeast corner of Bear Street and Alton Avenue in the City of Santa Ana. Attached hereto as Exhibit A and incorporated herein by this reference is site map of the subject property. 1.2. The existing chain link fence along the west and south sides of the shared site shall be removed and replaced with a cement block wall. The side of the block wall facing the street shall significantly match the aesthetics of the surrounding neighborhood and shall be screened with material approved by the CITY. The wall shall be designed and constructed in such a way as to minimize impacts to existing trees. The CITY tree supervisor shall participate in design review and constriction to help mitigate impacts to existing trees, and OCWD shall be responsible for obtaining any and all required City approvals or permits for any applicable movement or removal of trees. 1.3. The existing western vehicle entry gate shall be removed and replaced with a remote controlled gate. Power for the gate motor shall be connected to an existing CITY power supply. If feasible, the gate shall be relocated in such a way as to allow a light duty maintenance vehicle to park in front of it while not blocking the existing bike path or sidewalk. This gate relocation is subject to constraints associated with various site limitations and traffic line -of -sight conflicts. 1.4. The improvements listed in Paragraphs 1.1 and 1.2 of this AGREEMENT (collectively, the "Improvements ") shall be designed and sealed by qualified California Professional Engineers. 1.5. The total length of perimeter fencing and gate to be replaced is approximately 970 linear feet. Approximately 350 linear feet, or 36 percent, of this distance falls on CITY property, and approximately 620 linear feet, or 64 percent, falls on OCWD property. The property boundary between OCWD and CITY is designated in this AGREEMENT to be the mid -point of the existing western vehicle gate entrance. SECTION 2. PROJECT MANAGEMENT 2.1. OCWD shall manage the design, construction, inspection, and acceptance of work for the Improvements listed in Section 1 of this AGREEMENT. OCWD shall enter into legal contracts with consultants and contractors in accordance with the OCWD Act and other laws applicable to OCWD to conduct and complete the design and construction of these Improvements. OCWD's contractors shall hold all required licenses and bonding and maintain minimum insurance in conformance with Subsection 7 -3 of the latest edition of the Standard Specifications for Public Works Construction, as written and promulgated by Public Works Standards, Incorporated. OCWD shall ensure that the contractors on the project are required to -2- provide insurance acceptable to the CITY, to name the CITY and OCWD each as an additional insured, and to indemnify, defend, and hold harmless CITY and OCWD. OCWD shall not permit construction of any portion of the project to commence until evidence of the required insurance and additional insured endorsements have been provided to and approved by the CITY. 2.2. OCWD and CITY shall work together in creating scopes of work, design review, construction inspection, and constriction acceptance activities associated with the Improvements located on CITY property. Additionally, all plans must be approved by the CITY prior to commencement of the project, and any and all required permits for the applicable work must be obtained by OCWD or its contractors. The Executive Director of Public Works shall designate a project manager on behalf of the CITY to review and approve said plans and serve as the contact person for OCWD. 2.3. Construction change orders and design amendments shall be administered and approved by OCWD. When the subject of the change order or amendment lies partially or wholly within the property of CITY, OCWD shall not issue the change order unless CITY has notified OCWD that CITY consents to the description of work, cost amount and change in contract time (if any) set forth in the change order. SECTION 3. FINANCIAL RESPONSIBILITIES 3.1. As defined in Section 1.5 of this AGREEMENT, 36 percent of the perimeter being improved is on the property of CITY and 64 percent of the perimeter being improved is on the property of OCWD. The contract and pen-nit expenses associated with the design and construction of the Improvements listed in Paragraphs 1.2 and 2.2 of this AGREEMENT shall be paid for with these same percentages. CITY shall pay 36 percent of contract expenses for design, permitting and construction of the Improvements, and OCWD shall pay 64 percent of those contract expenses. 3.2. OCWD shall pay the Improvements design, construction, and inspection expenses and CITY shall reimburse OCWD for the CITY portion of the expenses. CITY shall pay OCWD upon completion of design for 36 percent of the design and permitting expense, within thirty days of written notice from OCWD of the completion of the design of the Improvements. CITY shall pay OCWD upon completion of construction for 36 percent of the construction and inspection expense, within thirty days of written notice from OCWD of the completion of constriction of the Improvements. 3.3. OCWD and CITY shall respectively pay the construction change order expenses according to the location of the change order subject. When the subject of the change order lies partially or wholly within the property of CITY, CITY shall pay the change order expense in proportion to the amount of the subject within the CITY property. 3.4. Power expense and maintenance associated with the remote controlled gate motor and appurtenances shall be the sole responsibility of CITY, except for any repair or maintenance work that is necessary due to accident or negligence that is directly linked to OCWD or its contractors. -3- SECTION 4. MAINTENANCE 4.1. Maintenance activities may include, but are not limited to: artificial ivy repair, graffiti removal, vandalism remediation, landscape irrigation, vegetation, and block wall repair. 4.2. While the Improvements described in Section 1 of this AGREEMENT are being constructed, the maintenance of such Improvements shall be the responsibility of the contractor under contract with OCWD. This contractor shall maintain the same or better site security as exists prior to the construction contract award. 4.3. Upon substantial completion of the construction contract, OCWD and CITY shall own and maintain the Improvements located within their respective property boundaries. SECTION 5. MISCELLANEOUS 5.1. Tenn. This AGREEMENT shall become effective upon its approval by both the Board of Directors of OCWD and the CITY Council, 5.2. Notices. Any notice, instrument, payment or document required to be given or delivered under this AGREEMENT shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as follows: If to OCWD: Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Attn: General Manager If to CITY: CITY of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: City Manager or such other address as either party may direct in writing to the other. Service of any instrument or document given by mail shall be deemed complete upon receipt if delivered personally, or 48 hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above. 5.3. CITY Indemnification. The CITY shall defend, indemnify and hold OCWD, its officers, directors, employees and representatives, harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities (collectively, "Costs ") that may be asserted or claimed by any person or entity arising out of the performance or implementation of this AGREEMENT by CITY or its officers, directors, employees or representatives, or the distribution or use of any water. The CITY shall also defend, indemnify and hold OCWD, its officers, directors, employees and representatives harmless from and against any and all Costs that may be asserted or claimed by any person in any administrative or judicial challenge to the -4- legality of this Agreement or any acts arising out of the performance or implementation of this AGREEMENT. 5.4. OCWD Indemnification. OCWD shall defend, indemnify and hold CITY, its officers, directors, employees and representatives, harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities (collectively, "Costs ") that may be asserted or claimed by any person or entity arising out of the performance or implementation of this AGREEMENT by OCWD or its officers, directors, employees or representatives. OCWD shall also defend, indemnify and hold CITY, its officers, directors, employees and representatives harmless from and against any and all Costs that may be asserted or claimed by any person in any administrative or judicial challenge to the legality of this Agreement or any acts arising out of the performance or implementation of this AGREEMENT. 5.5. Successors and Assigns. All of the terms, conditions and provisions of this AGREEMENT shall inure to the benefit of, and be binding upon, OCWD, CITY, and their respective successors and assigns. 5.6. No Implied Waivers. In the event that any tern, condition or provision of this AGREEMENT should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the specific breach so waived, and shall not be deemed either to be a continual waiver or to waive any other breach under this AGREEMENT. 5.7. No Representation or Warranty. OCWD and CITY each acknowledges that neither party, nor any of its respective officers, employees, agents or representatives, has made any written or oral representation, promise or warranty, express or implied, regarding any matter that is the subject of this AGREEMENT, other than as expressly set forth herein. 5.8. No Obligation to Third Parties. The approval, execution and performance of this AGREEMENT shall not be deemed to confer any rights upon any person or entity other than OCWD and CITY. There are no third party beneficiaries to this AGREEMENT. 5.9. Nature of Relationship. This AGREEMENT shall not create, and shall not be construed or deemed to create, any agency, partnership, joint venture, landlord- tenant or other relationship between OCWD and the CITY. 5.10. Integration, Construction and Amendment. This AGREEMENT represents the entire understanding of OCWD and the CITY as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this AGREEMENT. This AGREEMENT shall be construed as if drafted by both OCWD and CITY. This AGREEMENT may not be modified, altered or amended except in writing signed by authorized representatives of both OCWD and CITY. -5- IN WITNESS WHEREOF the parties have executed this AGREEMENT as of the date first written above. APPROVED AS TO FORM: RUTAN & TUCKER, LLP ME IN Shawn WATER DISTRICT Counsel, OCWD Michael R 1l fI rlfus, General Manager CITE' OF SANTA APIA By: - i 9 David Cavazos CITY Manager Attest: By: f g k4 D > CITY Clerk -6- EXHIBIT A \� � , I ix \ r � F x „r $ S a d / M4,.� JW q3i �4 T T S�Ci�t ji 4 V s Pry ''{}$' S,p j x��) L t±fls•^° o ' 3 LJ � i i. •" � • • Co " 4....,..... �'�� i � i i.'r+ • a 4.: �, ?�'� -y o-�'�`3 • • _� w • • • �-'� iii _ � !� t r x, r i r s ""', r • • r a• 4 „P "� I ��M • 4 Y • v tit ` • Vi 1 r v- i ? i r * ' ''fir -s i� R i Vii. i �i i'. r c ,� • 4 f 4' ♦ i r 'r �� • s • ♦ • ♦ • • ♦ 4 i �. � �+� '� r• w �, z4 r • r �{ � i k • • x• a n • • •� 5' � � r A 4 R 1 r w r :1 R � �� `�' Y' •• a • • ■- r K i_ � t � d � R s [ i • r 't }�f yf 4 M _ ¢ R • h • 3 tk � .' F l j �r i s+'3 M • 4! l 4 • Af J e ?' � y 4 4• i x i � F•• k R• 4 R 3 4 4f !. t� ev s 'r t t�� 4 i r • i �. ��" ..![ c 1i 4} 4 • • r j 3 t ,!� r a y r r a r a �3 � � • .4 t• N 4'♦ A "�. 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