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04-0120_SOUTH COUST WATER DISTRICT_D3_Agenda Report 1/20/2004 AGENDA ITEM D 3 TO: Dave Adams, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of an Emergency Interconnection Agreement with South Coast Water District RECOMMENDATION: 1. By motion, A. Adopt a resolution approving the Emergency Interconnection Agreement with South Coast Water District; and, B. Authorize the Mayor to execute the Emergency Interconnection Agreement with South Coast Water District; and, C. Direct the City Clerk to process the recording of the documents. SITUATION: The City of San Juan Capistrano provides water to the residents of San Juan Capistrano and to a number of customers in the City of Dana Point. One of the areas that is within the City of San Juan Capistrano's service boundary is in Costco Plaza. These customers are dependent upon the water service that the City provides. The Domestic Water Master Plan requires that each area of service be provided with two sources of water supply. Currently, the City of San Juan Capistrano only has one source of water supply to the Costco Plaza. Similarly, the South Coast Water District (SCWD) has a water service area in the vicinity of Camino Capistrano, on the north side of Victoria Avenue, which has only one source of water supply. In the event of a line break, this area would require line closure, and the continuity of service would not be maintained for these areas. An interconnection would increase the service reliability for both of these service areas. The connection is intended for emergency use only, and it requires a manual turn-on and turn-off valve. An emergency is defined as an unusual disruption in service caused by a line bre///a���k or construction activity that disrupts the normal means of AGENDA ITEM January 20, 2004 Page 2 providing service. The interconnection is interruptible if either agency is unable to provide water to the agency needing water. SCWD is designing, constructing, maintaining, operating and funding the interconnection and its meter. COMMISSION REVIEW AND RECOMMENDATIONS: This item was presented to the Water Advisory Commission at its December 15, 2003, meeting. The commission recommends approval of the agreement. FINANCIAL CONSIDERATIONS: South Coast Water District is paying for the design and construction fees. NOTIFICATION: South Coast Water District ALTERNATE ACTIONS: 1. By motion, A. Adopt a resolution approving the Emergency Interconnection Agreement with South Coast Water District; B. Authorize the Mayor to execute the Emergency Interconnection Agreement with South Coast Water District; and C. Direct the City Clerk to process the recording of the documents. 2. Request additional information from staff. AGENDA ITEM January 20, 2004 Page 3 RECOMMENDATION: 1. By motion, A. Adopt a resolution approving the Emergency Interconnection Agreement with South Coast Water District; and, B. Authorize the Mayor to execute the Emergency Interconnection Agreement with South Coast Water District; and, C. Direct the City Clerk to process the recording of the documents. Respectfully submitted, Prepared by,, Amy Amirani Eric P. Bauman Public Works Director Water Engineering Manager AAIEPB:mp Attachments: 1. Location Map 2. Emergency Interconnection Agreement 3. Resolution ---------------- THE CITY OF SAN JUAN CAPISTRANOI N i W E S f, A r -po / f i Y f O'. QEL.AVIQN p I Project Location I - City Boundary t JqV e�Asl Streets tNo,As � Creeks I 0 3000 6000 Feet ATTACHMENT EMERGENCY INTERCONNECTION AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST WATER DISTRICT This Emergency interconnection Agreement is made and entered into this day of 2004 by and between the City of San Juan Capistrano, a public corporation (hereinafter referred to as"CSJC"), and South Coast Water District (hereinafter referred to as "SCWD"), a California water district. RECITALS A. SCWD wishes to obtain an emergency source of water supply for certain areas within its boundaries via a connection from CSJC to SCWD, to be delivered through water facilities constructed by SCWD. B. The water purchased by SCWD from CSJC shall be measured and controlled through a Water Meter Station owned and operated by SCWD. C. CSJC wishes to obtain an Emergency source of water supply to certain areas within its boundaries via a connection from SCWD to CSJC,to be delivered through water facilities constructed by SCWD. D. The Water Meter Station shall be a joint use facility whereas water may be transported between each party during Emergency situations. NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the parties hereby agree as follows: AGREEMENT 1 Water Supply. Subject to the terms and conditions of this Agreement, during an emergency, and if the supplying party has the capacity in its system; CSJC and SCWD agrees to provide water to the party in need; using a combination of CSJC water facilities and SCWD water facilities. 21 Emergency. For the purpose of this Agreement an "Emergency"will be defined as an unusual service disruption brought about by a line break or construction that disrupts the normal means of providing service. 3) Location of SCWD/CSJC Connection. The SCWD/CSJC Connection between CSJC's system and the SCWD system proposed is to convey water to SCWD by CSJC and vice versa though a water metering station which shall be within the public right of way of Doheny Park Road, near the intersection of Camino Capistrano. These facilities shall be collectively known as the "SCWD/CSJC Connection." 1 ATTACHMENT 4) Construction of Facilities. SCWD agrees to construct the SCWD/CSJC Connection as shown in plans prepared by SCWD entitled "Doheny Park Road Water Pipeline", as approved by the CSJC Public Works Department. 5) Ownership and Maintenance of the Facilitates. The water pipeline from the CSJC system to the water metering station (together, the "CSJC Conveyance Facilities") will be constructed by SCWD to the standards of CSJC and then accepted by CSJC, who shall be responsible for all maintenance and operating requirements for such CSJC Conveyance Facilities. The Meter Station and the water pipeline from the water metering station into the SCWD system will be constructed, owned, and operated by SCWD. 6) Water Cost. Subject to the terms and conditions of this Agreement, CSJC will sell water to SCWD at the prevailing MWDOC water rates. SCWD will sell water to CSJC at the prevailing MWDOC water rates. 7) Interruptible Water Supply. The parties acknowledge and agree that CSJC's sale of water to SCWD to service SCWD's emergency water supply needs is subject to interruption at any time, and for any length of time, in the event CSJC determines, in its sole discretion, that CSJC requires the water for its own needs. The parties acknowledge and agree that SCWD's sale of water to CSJC to service CSJC's emergency water supply needs is subject to interruption at anytime,and for any length of time, in the event SCWD determines in its sole discretion that SCWD requires the water for its own needs. 8) Waiver. Each party waives and releases all claims and recourse against the other party, including the right of contribution for loss or damage of persons or property, arising out of or in any way connected with the interruption of the water supply under this Agreement and with the matters each party is obligated to indemnify the other party from and/or against as set forth in Section 9 below. 9) Indemnity. Each party hereby agrees to mutually indemnify and hold the other party harmless from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys fees, property damage, bodily injuries, personal injury, losses or liabilities, in law or in equity, of every kind and nature to the extent that the same are the result of an error, omission or negligent act of the indemnifying party, its officers or employees, or any other person acting pursuant to its control in performing under this Agreement. 10 Insurance. During the period of construction and for the purpose of construction of the SCWD/CSJC Connection, SCWD and/or SCWD's Contractor shall maintain in full force and effect the following insurance: Comprehensive General Liability Comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: 2 • • $1,000,000 property damage; • $1,000,000 injury to one person/any occurrence/not limited to contractual period • $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Comprehensive Automobile Liability Comprehensive automobile liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: • $1,000,000 property damage; • $1,000,000 injury to one personlany occurrence/not limited to contractual period; • $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Worker's Compensation: During the construction period, if SCWD or SCWD's Contractor employs employees to perform services under this Agreement, SCWD or SCWD's Contractor shall obtain and maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to CSJC. SCWD shall provide an endorsement to CSJC establishing that CSJC has been legally added as an additional insured to the insurance policies required under this Agreement. 111 Attorney's Fees. If either party hereto commences any action to enforce any provision of this Agreement, the prevailing party shall be entitled to receive from the other parry, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorney's fees. 12 Successors. This Agreement will be binding upon and inure to the benefit of the parties' successors hereto. 13 Waiver. The failure of either party to insist on compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of such terms, covenants, or conditions of this Agreement by the other party, nor shall any waiver or relinquishment of any right or power conferred by this Agreement at any other time, or times, by a party be deemed a waiver or relinquishment of that right or powerfor all or any other times. 3 i i 14 Severability. If any part of this Agreement is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the validity of enforceability of this Agreement as a whole shall not be affected and the remainder and all other provisions of this Agreement shall be given affect to the maximum extent permissible by law. 15) Entire Agreement. This Agreement supersedes any and all agreements between the parties with respect to the subject matter herein, and contains the entire agreement between the parties with respect to those matters. 16) Amendment. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by both parties. 17) Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly or given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to SCWD: Mr. Mike Dunbar, General Manager South Coast Water District P.O. Box 30205 Laguna Niguel, CA 92607-0205 If to CSJC: Ms. Amy Amirani, Public Works Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Either party may change its address above at any time by written notice to the other. 15. Recitals/Exhibits: Counterparts. The parties acknowledge and agree the Recitals are true and correct and are incorporated in this Agreement. The Exhibits referenced in this Agreement and attached to this Agreement are incorporated herein. This Agreement may be executed in counterparts, each of which shall be deemed an original. 4 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed. CITY OF SAN JUAN CAPISTRANO Date: 2004 By: JOE SOTO, MAYOR ATTEST: Margaret R. Monahan, Clerk of the Board APPROVED AS TO FORM: John I Shaw, City Attorney SOUTH COAST WATER DISTRICT Date: January 6 2004 By: Mike Dunbar, General Manager By: APPROVED AS TO FORM: Legal Counsel - SCWD By: 5 RESOLUTION NO. 04-01-20-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN EMERGENCY INTERCONNECTION AGREEMENT WITH SOUTH COAST WATER DISTRICT WHEREAS, South Coast Water District wishes to obtain an emergency source of water supply for certain areas within its boundaries, via a connection from the City of San Juan Capistrano to South Coast Water District; and, WHEREAS, the City of San Juan Capistrano wishes to obtain an emergency source of water supply for certain areas within its boundaries via a connection from South Coast Water District to the City of San Juan Capistrano; and, WHEREAS, the emergency source of water supply will be delivered through water facilities constructed by South Coast Water District; and, WHEREAS, the water purchased by South Coast W ater District from the City of San Juan Capistrano shall be measured and controlled through a water meter station, owned and operated by South Coast Water District; and, WHEREAS, the water meter station shall be a joint use facility, where water may be transported between each party during emergency situations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolve, determine, and order as follows: SECTION 1. South Coast Water District will construct water facilities in which the emergency source of water supply will be delivered. SECTION 2. The water purchased by South Coast Water District from the City of San Juan Capistrano shall be measured and controlled through a water meter station, owned and operated by South Coast Water District. SECTION 3. The water meter station shall be a joint use facility, where water may be transported between each party during emergency situations. 1 01-20-2004 SECTION 4. The Mayor is authorized to sign the Emergency Interconnection Agreement between the City of San Juan Capistrano and South Coast Water District substantially in conformance with the final draft presented to the City Council. PASSED, APPROVED, AND ADO P thi 2 d y of January 2004. (f� JOE OTO, MAYOR ATTEST: fz—�Z ^ `� �' GARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 04-01-20-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 20th day of January 2004, by the following vote: AYES: COUNCIL MEMBERS: Gelff, Bathgate, Swerdlin, Hart and Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COUNC L MEIy1BERS- None --� - f � ARET R. MONAHAN, City Clerk �7 2 01-20-2004