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
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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."
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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:
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• $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.
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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.
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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:
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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
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