ORANGE COUNTY WATER DISTRICT (2)

Home Browse Search

pursuant to this Agreement are reasonable and necessary to accomplish the goals and objectives of the OCWD Act. 2. PURPOSE. 2.1 Facilitation of Well #38 Treatment. OCWD and the City intend to facilitate treatment for PFAS. OCWD will coordinate, design and construct a PFAS Treatment System for Well #38 as directed and approved by City and subject to the provisions of this Agreement. 2.2 HAS Compounds and Reopener. The Parties recognize the necessity of and commit to a high level of coordination to expeditiously design, construct and operate a Well #38 PFAS Treatment System to remove PFAS from the groundwater where PFAS has been detected. The Parties acknowledge that compounds within the HAS family in addition to PFOA and PFOS may become regulated during the term of this Agreement. To the extent the Treatment System developed under this Agreement requires modification to treat for additional HAS that becomes regulated after the Effective Date, the Parties will, where necessary and requested by City, amend this Agreement to provide for treatment of additional compounds in the PFAS family. 3. PLANNING. 3.1 Treatment Systems. With input from OCWD, City shall determine the type and final design of the Treatment System to treat HAS contamination in the groundwater produced by Well #38 to levels below the NL or a future MCL. If City desires, a Treatment System that can remove PFAS contamination down to non -detect concentrations will be designed and constructed. 4. DESIGN AND CONSTRUCTION OF PFAS TREATMENT FACILITIES. 4.1 Funding. City shall reimburse OCWD for all reasonable costs and expenses incurred by OCWD to design and construct the Treatment System regardless of the Agreement Effective Date. City shall reimburse OCWD within 45 days of receiving an invoice for any such costs and expenses. Reimbursement from City to OCWD shall not exceed $6 million without approval from the Santa Ana City Council. 4.2 Design Approval. City shall approve the Treatment System final design and the City Public Works Director, City Engineer and Water Resources Manager shall affix their signatures to the final set of contract drawings. 4.3 Consultant Selection. City shall be entitled to approve (1) the consultant selected by OCWD to provide the final design and (2) the estimated consultant design fee. The consultant selected must be currently under contract with OCWD. 4.4 Project Cost Estimate. OCWD and the selected design consultant shall prepare a Treatment System cost estimate once 90% design drawings are approved by City. If the 90% cost estimate or the construction contract bid amount causes the project cost estimate to exceed the reimbursement amount specified in Section 4.1, OCWD's General Manager may elect to not proceed with construction until the City and OCWD agree to revised funding reimbursement terms in writing. 2629/022499-0087 [4979764.1 a08/02/21 -3-