Item 27 - Agreement for Well Maintenance and Repair

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- 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